Agenda of Council - 28 May 2014

ETHICAL DECISION MAKING AND CONFLICTS OF INTEREST

A GUIDING CHECKLIST FOR COUNCILLORS, OFFICERS AND COMMUNITY COMMITTEES

Ethical decision making

Is the decision or conduct legal?

Is it consistent with Government policy, Council’s objectives and Code of Conduct?

What will the outcome be for you, your colleagues, the Council, anyone else?

Does it raise a conflict of interest?

Do you stand to gain personally at public expense?

Can the decision be justified in terms of public interest?

Would it withstand public scrutiny?

Conflict of interest

A conflict of interest is a clash between private interest and public duty. There are two types of conflict:

Pecuniary – regulated by the Local Government Act and Department of Local Government

Non-pecuniary – regulated by Codes of Conduct and policy. ICAC, Ombudsman, Department of Local Government (advice only). If declaring a Non-Pecuniary Conflict of Interest, Councillors can choose to either disclose and vote, disclose and not vote or leave the Chamber.

The test for conflict of interest

Is it likely I could be influenced by personal interest in carrying out my public duty?

Would a fair and reasonable person believe I could be so influenced?

Conflict of interest is closely tied to the layperson’s definition of ‘corruption’ – using public office for private gain.

Important to consider public perceptions of whether you have a conflict of interest.

Identifying problems

1st Do I have private interests affected by a matter I am officially involved in?

2nd Is my official role one of influence or perceived influence over the matter?

3rd Do my private interests conflict with my official role?

Whilst seeking advice is generally useful, the ultimate decision rests with the person concerned.

Agency advice

Officers of the following agencies are available during office hours to discuss the obligations placed on Councillors, officers and community committee members by various pieces of legislation, regulation and codes.

Contact	Phone	Email	Website
Bega Valley Shire Council	(02) 6499 2222	council@begavalley.nsw.gov.au	www.begavalley.nsw.gov.au
ICAC	8281 5999 Toll Free 1800 463 909	icac@icac.nsw.gov.au	www.icac.nsw.gov.au
Division of Local Government (DPC)	(02) 4428 4100	dlg@dlg.nsw.gov.au	www.dlg.nsw.gov.au
NSW Ombudsman	(02) 8286 1000 Toll Free 1800 451 524	nswombo@ombo.nsw.gov.au	www.ombo.nsw.gov.au

TO: The General Manager
Bega Valley Shire Council

Disclosure of pecuniary interests / non-pecuniary conflict of interests

In accordance with the Council’s Code of Meeting Practice and the requirements of the Local Government Act and regulations or dispensation issued by the Division of Local Government I hereby disclose the following pecuniary interests and/or non-pecuniary conflict of interests at the meeting as indicated below:

Ordinary meeting held on _____ / _____ / 20___

dd mm yy

	Item no & subject
	Interest (tick one)	Pecuniary interest Non-pecuniary conflict of interest
	* Nature of interest
	If Non-pecuniary (tick one)	Disclose & vote Disclose & not vote Leave chamber

	Item no & subject
	Interest (tick one)	Pecuniary interest Non-pecuniary conflict of interest
	* Nature of interest
	If Non-pecuniary (tick one)	Disclose & vote Disclose & not vote Leave chamber

Signed
Print Name	Councillor

* Note: Under the provisions of Section 451(1) of the Local Government Act 1993 (pecuniary interests) and Part 6.11 of the Model Code of Conduct prescribed by the Local Government (Discipline) Regulation 2004 (conflict of interests) it is necessary for you to disclose the nature of the interest when making a disclosure of a pecuniary interest or a non-pecuniary conflict of interest at a meeting.

Council 28 May 2014

AGENDA

Acknowledgement of Traditional Owners of Bega Valley Shire

1 Confirmation Of Minutes

Recommendation

That the Minutes of the Ordinary Meeting held on 7 May 2014 as circulated, be taken as read and confirmed.

2 Apologies and requests for leave of absence

Recommendation

That an apology from Cr McBain be accepted for their inability to attend the meeting.

3 Declarations

Pecuniary, Non-Pecuniary and Political Donation Disclosures to be declared and tabled.

4 Deputations (by prior arrangement)

5 Petitions

6 Mayoral Minutes

7 Adjournment to Standing Committees

RECOMMENDATION

That the Ordinary meeting of the Council be adjourned for the purpose of dealing with staff reports to Standing Committees.

8 Staff Reports – Sustainability (Planning and Environment)

In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Councillor Britten

8.1 Draft Central Business District Design Guidelines for the B2 and B4 zoned lands within the Bega Valley Shire ................................................................................................... 9

8.2 Amendment to minimum lot size map Bega Valley Local Environmental Plan 2013 - Lot 20 DP 1042188 Sapphire Coast Drive, Wallagoot...................................................... 22

8.3 Finalisation of Kalaru Racecourse Planning Proposal...................................... 25

9 Staff Reports – Liveability (Community and Relationships)

In accordance with Council’s Code of Meeting Practice , this section of the agenda will be chaired by Councillor Seckold.

Nil Reports

10 Staff Reports – Enterprising (Economic)

In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Councillor McBain.

Nil Reports

11 Staff Reports – Accessibility (Infrastructure Waste and Water)

In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Councillor Fitzpatrick.

11.1 Road Closure - section of unformed road off Coopers Gully Road, Bega........ 30

11.2 Bega Valley Local Traffic Committee Meeting 7 May 2014............................... 33

11.3 Rectification of road reserve and property boundaries adjacent to Double Creek Bridge on Upper Cobargo Road Brogo.................................................................................... 37

12 Staff Reports – Leading Organisation Governance and Strategy)

In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Councillor Mawhinney

12.1 Certificate of Investments made under Section 625 of the Local Government Act 1993 46

12.2 Licence for land - Short Point Reserve............................................................ 51

12.3 Quarterly Budget Review Statement (QBRS) - March 2014............................... 53

12.4 Organisation Structure Update 2014............................................................ 129 .

13 Adoption of Reports from Standing Committees

RECOMMENDATION

That all motions recorded in the Standing Committees, including votes for and against, be adopted in by the Ordinary Council meeting.

14 Delegates Reports

15 Rescission/alteration Motions

16 Notices of Motion

17 Urgent Business

18 Questions On Notice

19 Questions for the Next Meeting

20.. Confidential Business

21 Adoption of reports from Closed Session

22 Resolutions to declassify reports considered in closed session

Council 28 May 2014 Item 8.1

8.1. Draft Central Business District Design Guidelines for the B2 and B4 zoned lands within the Bega Valley Shire

The purpose of the report is to present draft design principles for development in the B2 and B4 zoned lands within the Shire for Council’s consideration.

Group Manager Planning & Environment

Background

Council at its meeting held on 24 July 2012 gave consideration to a staff report on height controls for the CBD areas of Merimbula, Bega and Eden and resolved the following:

“1. That Council adopt the recommended height limits in order to seek further public comment for the Central Business Districts of Merimbula, Bega and Eden as identified in:

· Appendix 3 – Merimbula (with the addition of the land to the east of Market Street, south of Beach Street, having a 10 m height limit).

· Appendix 5 – Eden.

· Appendix 7 – Bega.

With the 12 m height limit (3 storeys) adjusted to 13 m for the three town centres.

2. That Council amend the proposed zoning of the land fronting either side of Imlay Street between Chandos Street and Cocora Street Eden which was exhibited as B2 Local Centre to B4 Mixed Use as identified in Appendix 8.

3. That Council proceed with a “planning proposal” and, if agreed by the Minister for Planning, re-exhibit the subject properties in accordance with the adopted recommendations of 1 and 2 above.

4. That a section be included in the draft Comprehensive Development Control Plan addressing design principles, including number of storeys, for the B2 and B4 zoned areas under the Comprehensive Local Environmental Plan.

5. That Council advise those persons who have made submissions the outcome of their requests as per 1 – 4 above.

6. That Council receive a report on the height survey for the Palmer Street, Merimbula Car Park.”

The planning proposal to increase the height limits within the Central Business Districts of Bega, Eden and Merimbula has recently completed public exhibition and a report on the outcome of the exhibition will be presented to Council at a future meeting.

The development of draft sections for inclusion in Development Control Plan 2013 (DCP) has been completed for the B2 Local Centre and B4 Mixed Use zoned areas of the Shire, in accordance with point 4 above, and is presented for Council’s consideration prior to public exhibition.

The report also proposes that the draft guidelines be applied to the B1 Neighbourhood zoned land within the Shire.

design guidelines

Under Bega Valley Local Environmental Plan 2002 the maximum height limit for development in most of the Shire’s commercially zoned areas was 10m or less. The objective of increasing height limits for the Central Business Districts (CBDs) of Merimbula, Bega and Eden to 10m, 13m, and 16m was to facilitate 2 storey commercial developments and 3 and 4 storey mixed commercial and residential developments in those areas.

The issue of height limits was raised in submissions, and subsequent Councillor workshop, by landowners and the development industry during the BVLEP 2013 exhibition process. The issues raised were in response to design constraints for commercial development including the need for greater floor to ceiling heights and provision of service areas between floors that are required for retail development as opposed to residential development. Further it was acknowledged that increased height limits would allow for adoption of modern, good quality design principles which was currently restricted by the 10m height limits.

A series of draft design guidelines have been developed for Council by a consultant architect to ensure that buildings are developed to meet the expected outcomes for the number of storeys specified within height limits. The draft guidelines illustrate and describe design principles relating to heights and setbacks. Once finalised, the design guidelines will be included as sections in Council’s Development Control Plan 2013(DCP).

[Attachment 1 Draft CBD Design Guidelines]

To ensure that local design elements were considered in the design principles, the architect visited each of the three town centres to review existing built form and setbacks. A set of generic height and setback controls were then developed which could be applied to each of the three town centres. The guidelines that apply to two storey development are also proposed to apply to other B1 Neighbourhood Centre, B2 Local Centre and B4 Mixed Use zoned areas of the Shire outside the three CBDs which also have a 10m maximum height limit.

Height controls

For the height controls, diagrams of 2, 3 and 4 storey height limits including roof zones for each storey were produced with accompanying development objectives and requirements. The diagrams detail proposed controls for maximum parapet heights, at boundaries, setbacks at upper levels to both the street and to the rear and side boundaries, and a proposed roof encroachment. For all heights, the appearance from the street is a maximum 10m parapet height and two storeys.

[Refer to Attachment 1 for figures]

The draft controls include second and third storey setbacks from the street of 5m, with no balcony encroachment permitted at the fourth storey level. This is designed to encourage a recessed balcony or further balcony setback at this level which will reduce the bulk and scale of development.

The draft controls include a 6m setback to the rear and side boundaries on the 4th floor. This would permit three levels and a parapet height of 13m to the side and rear boundaries for 3 and 4 storey development. It is considered that a zero setback to the side boundary at the third storey will enable more intensive development of small narrow sites.

The draft controls include a concession for roofs breaching the overall height limit. This is intended to encourage the articulation of roof forms which is particularly important in the coastal settings of Merimbula and Eden. The draft controls allow a portion of the roof to extend up to 1m above the height limit but require that the roof be setback from the edge of the building so that it is effectively not seen from the street. Breaches of the height limit would be considered by Council on merit and must comply with both the objectives of the DCP and Clause 4.6 (Exemptions to development standards) of Bega Valley Local Environmental Plan 2013.

The draft controls for setbacks include:

· Limits on the use of basements and roof volumes ensure part levels are counted as storeys for the purposes of the DCP

· details on permitted roof encroachments

· height requirements in Heritage Conservation Areas.

Setback controls

Plans showing key setbacks to street boundaries were completed for the three CBDs and draft setback controls from property boundaries to upper levels and typical height sections illustrations for 3 and 4 storey limited areas were also developed (refer to discussion in previous section).

The draft setback design guidelines and plans are based on existing streetscapes and settings, key corner sites and interface with residential areas. Special consideration was given to streets with residential properties or heritage buildings and properties at the fringe of the town centre which interface with residential settings (particularly the B4 mixed use zones) which have been nominated to have a 3m setback or align with existing neighbourhood buildings.

The draft controls for setbacks include:

· allowances for setbacks to be in alignment with existing neighbouring buildings in some circumstances

· prescribed setbacks for development above the first storey

· prescribed setbacks for development adjoining residential zone boundaries

Consultation

In accordance with the Environmental Planning and Assessment Regulation 2000 the draft DCP provisions are required to be publically exhibited for a period of 28 days. During this exhibition period Council staff propose to hold a workshop with relevant stakeholders from the development industry and local designers. Submissions from the public exhibition and feedback from the workshop would be reported to Council following the exhibition.

Conclusion

The development of draft height and setback controls to illustrate and describe best practice design principles for development within the commercially zoned areas of the Shire is complete. The draft controls are designed to ensure that commercial and mixed use developments are able to maximise available space while complementing the existing and desired character of the CBD areas of Bega, Merimbula and Eden.

The draft design guidelines have been prepared for public consultation in a format suitable for inclusion into Council’s DCP.

ATTACHMENTS

1 . Draft CBD design guidelines

Recommendation

1. That Council place the draft Central Business District Design Guidelines on public exhibition for a period of 28 days.

2. That a further report be submitted to Council for consideration at the completion of the public exhibition period and once the workshop with the development industry has been held.

Council 28 May 2014 Item 8.2

8.2. Amendment to minimum lot size map Bega Valley Local Environmental Plan 2013 - Lot 20 DP 1042188 Sapphire Coast Drive, Wallagoot

Council has received a request to amend the Bega Valley Local Environmental Plan 2013 (BVLEP 2013) minimum lot size map as it applies to Lot 20 DP 1042188 Sapphire Coast Drive, Wallagoot to permit a dwelling on the land with development consent.

Group Manager Planning & Environment

BACKGROUND

Lot 20 DP 1042188 is located between Sapphire Coast Drive and Wallagoot Lake (see Map 1). The property is approximately 10.5 hectares and contains a large bulk store structure with attached ancillary dwelling. The property has been substantially cleared and used for agricultural purposes.

The property is currently zoned E3 Environmental Management with a minimum lot size of 120ha under Bega Valley Local Environmental Plan (BVLEP) 2013.

Map 1: Subject Land Lot 20 DP 1024188

Development history

In 1993 development consent was issued for the erection of a shed and dwelling on Lot 2 DP 794421 Sapphire Coast Drive. The following year consent was issued for the use of the shed as a bulk store for storage and distribution of goods. In 2000 development consent was issued under Bega Valley Local Environmental Plan 1987 (BVLEP 1987) for the subdivision of Lot 2 DP 794421 into three lots creating Lots 20, 21 and 22 DP 1042188. Lot 22 adjoins Wallagoot Lake and was dedicated as a public reserve.

Whilst consent was issued for the creation of Lot 20- there was no dwelling entitlement under BVLEP 1987. The only way a dwelling-house could be approved on the land was as an ancillary use to another approved use, in this case a commercial use. Consequently the subdivision was approved subject to an 88B restriction being placed on the title of Lot 20 identifying that:

The land burdened is restricted from having a dwelling erected upon it except where the dwelling is ancillary to the main commercial purpose of the said land with that purpose being the use of an existing bulk store or other purpose approved by Bega Valley Shire Council. Should the principal commercial purpose of the land burdened cease then the use of any building as a dwelling on the land shall also cease. The sole authority to release vary or modify this covenant is the Bega Valley Shire Council.

ISSUES

Council has received a submission on behalf of the current owners of the property requesting the restriction on the use of the Lot 20 DP 1042188 be removed and that the BVLEP 2013 Lot Size Map be amended to permit a dwelling with development consent.

In support of the request the applicant has submitted that the restriction on the use of the property is no longer valid and can be modified or removed; that the current ancillary dwelling provides all elements for domestic habitation and is properly serviced by an onsite effluent disposal system; and that amending the lot size will simply reflect the true and ongoing circumstances of the land and not confer any subdivision potential.

DISCUSSION

BVLEP 2013 recognised the environmental characteristics of this area, zoning the subject land and surrounding area as E3 Environmental Management and limiting further subdivision for dwelling purposes. Storage premises are not permitted within the E3 zone, and while the subject property is no longer operating as a storage and distribution facility, the structure and the ancillary dwelling remains.

As dwellings are permitted subject to development consent within the E3 zone, conversion of the existing structure solely for use as a dwelling is considered to be more in keeping with the objectives of the zone than the current approved commercial use. As such, staff are of the opinion that the request to remove the 88B restriction on the use of the land and amend the minimum lot size map to permit a dwelling on Lot 20 DP 1042188 is justified.

CONCLUSION

Council’s previous consent for a commercial premises and ancillary dwelling resulted in the erection of a structure on Lot 20 DP 1042188. The building is no longer required as a commercial premises and a commercial premises is a prohibited use in the current E3 Environmental Management zone of the land. The amended minimum lot size for the land will enable the use of the land for a dwelling and would not permit any additional residential subdivision or enable future development of the land for unsuitable purposes. It is considered that the use of the land for dwelling purposes is consistent with the objectives of the E3 Environmental Management Zone.

ATTACHMENTS

Nil

Recommendation

1. That Council staff prepare a planning proposal to amend the Bega Valley Local Environmental Plan 2013 Lot Size Map applying to Lot 20 DP 1042188 from 120ha to 10ha.

2. That Council modify the section 88B instrument applying to Lot 20 DP 1042188 by removing the restriction requiring any dwelling to be ancillary to the main commercial purpose of the land upon finalisation of the amendment to the lot size map.

3. That the owner of Lot 20 DP 1042188 agrees to meet all costs associated with the modification of the Section 88B Instrument.

Council 28 May 2014 Item 8.3

8.3. Finalisation of Kalaru Racecourse Planning Proposal

The purpose of the report is to detail the outcomes of the public exhibition of the Planning Proposal for Kalaru Racecourse and to seek Council resolution to finalise the matter.

Group Manager Planning & Environment

Background

Lot 2 DP 1082841 Sapphire Coast Drive, Wallagoot is owned by the Sapphire Coast Turf Club Incorporated (Turf Club). In Draft Bega Valley Local Environmental Plan 2010 (Draft BVLEP 2010) the whole of the property was proposed to be zoned RE2 Private Recreation. The Turf Club made a submission to Draft BVLEP 2010 with regard to an undetermined Development Application for an industrial subdivision on part of the land.

Following the exhibition of Draft BVLEP 2010, Council issued development consent for the subdivision of the property into 22 allotments for industrial uses and a residue allotment containing the existing racecourse and a wildlife corridor. On consideration of the submission to Draft BVLEP 2010 and the recent industrial subdivision approval, Council resolved to defer the matter from Bega Valley Local Environmental Plan 2013 and place it in Appendix 2 to enable the land subject to the development consent to be zoned IN1 General Industrial, with the remainder of the property to be zoned RE2 Private Recreation.

Council staff subsequently prepared a planning proposal for the Kalaru Racecourse and lodged it with the Department of Planning and Infrastructure’s “Gateway Panel”. The aim of the planning proposal was to regularise the zoning associated with the subdivision approval in accordance with the Appendix 2 Council resolution.

One of the requirements of the Department of Planning and Infrastructure’s “Gateway Determination” was that Council consult with the NSW Rural Fire Service and the Office of Environment and Heritage (OEH) under section 56(2)(d) of the Environment Planning and Assessment Act 1979 (EP&A Act). This consultation has now been completed and although the NSW Rural Fire Service raised no concerns or issues in relation to the planning proposal, OEH raised concerns regarding threatened species conservation.

OEH provided advice to Council that:

“Overall OEH does not support the proposed combinations of zonings, as they do not provide adequate security from the further development of the remnant native vegetation and known threatened species habitat.”

OEH suggested applying the E2 Environmental Conservation zone to those areas of native vegetation outside the existing developed racecourse facilities that are not proposed to be zoned IN1 General Industrial. This would ensure sufficient protection of the remaining threatened species habitat, offset the loss of habitat and hollow bearing trees from the approved industrial subdivision and minimise the impacts of future subdivision.

Following OEH’s written response, the matter was discussed with OEH and representatives of the Turf Club and a revised zoning plan for the property proposed by Council staff.

The revised plan proposed that the part of the land not covered by the existing racecourse facilities or proposed for IN1 General Industrial zoning be zoned E2 Environmental Conservation, with the exception of the land on the south-western boundary of the property which is proposed to be zoned RE2 Private Recreation.

The Turf Club agreed to the E2 zoning proposed for the property with the exception of the 100m wide corridor adjacent to Sapphire Coast Drive which the club prefers to be zoned RE2 to protect future development opportunities.

The revised zoning plan was presented to the Council meeting on 27 November 2013 with the following staff recommendation:

That Council resolve to amend the planning proposal for Kalaru Racecourse in accordance with the plan attached to the report and submit the revised planning proposal to the Minister of Planning to seek an amended Gateway Determination.

Council resolved to defer the matter pending a further report to Council.

A further report was submitted to Council on 5 March 2014 with the following resolution;

That council resolve to amend the planning proposal for Kalaru racecourse in accordance with the plan in attachment 1 to the report and submit the revised planning proposal to the Minister for Planning to seek an amended gateway determination

NSW Planning and Infrastructure subsequently advised Council that an amended Gateway Determination was not required in this instance as the amendment resulted from pre-exhibition consultation with the Office of Environment and Heritage

The Office of Environment and Heritage have advised that the amended plan addresses the concerns originally raised.

Map 1: Kalaru Racecourse: proposed Land Use Zones (Council resolution 5 March 2014)

PUBLIC EXHIBITION OF THE PLANNING PROPOSAL

In accordance with the Gateway Determination, the revised planning proposal was placed on public exhibition for 14 days from 11^th to 25^th April 2014. The public exhibition included notification on Council’s website, in local newspapers and in writing to affected and adjoining landowners. No submissions to the planning proposal were received.

Conclusion

Public exhibition and agency consultation of the planning proposal has been completed. The concerns of OEH were addressed by Council by the resolution of Council on 5 March 2014 and no submissions were made during the public exhibition.

It is recommended that Council proceed to finalise the plan as approved by Council on 5 March 2014 without any variations in accordance with the delegations issued by the Minister for Planning and Infrastructure.

ATTACHMENTS

Nil

Recommendation

1. That Council adopts the amendments to Bega Valley Local Environmental Plan 2013 as publically exhibited in the Planning Proposal for Kalaru Racecourse.

2. That, using the delegations issued by the Minister for Planning and Infrastructure, Council proceeds to finalise the plan under section 59(2) of the Environmental Planning and Assessment Act 1979.

3. That the Sapphire Coast Turf Club and those agencies that made submissions be advised of Councils decision.

Council 28 May 2014 Item 11.1

11.1. Road Closure - section of unformed road off Coopers Gully Road, Bega

Council has received an application to close an unformed Council public road located off Coopers Gully Road at Bega.

Group Manager Infrastructure, Waste & Water

Background

An application has been received from James and Deborah Elliott to close a Council public road located off Coopers Gully Road at North Bega. The road is currently unformed and due to Crown Road closures that have occurred within the area, the section of Council road is no longer accessible without traversing privately owned property.

The applicants have only requested closure of a 20m section of the unformed road reserve, however it is suggested that Council seek closure of the entire road as it no longer serves any purpose. A map indicating the road to be closed is attached for the information of Councillors.

As the road is unformed, Section 38 of the Roads Act 1993 provides that upon closure the lot/s created would vest in the Crown and the applicants would then be required to negotiate a purchase from Crown Lands. The applicants only wish to purchase a section of the road that their access track traverses as well as a section of Crown Reserve which they currently hold under Licence. This would provide both legal and practical access to their property in the future. Crown Lands staff have also indicated that another adjoining property owner has expressed an interest in purchasing the remaining section of closed road and consolidating it with their existing landholding. Crown Lands would progress those negotiations if the road closure is approved.

ISSUES

Legal

If Council approve lodgement of the road closure application, Council staff prepare the application and lodge with Crown Lands for assessment on the Elliott’s behalf. This is the extent of Council’s involvement in this matter, as once approval to the road closure is granted, the applicants would be required to negotiate a purchase directly from the Crown.

Financial

As per Council’s current Fees & Charges Schedule, the applicants have paid Council’s application fee of $285 to investigate their request and report the matter to Council for consideration. All other costs associated with the road closure will also be met by the applicants, including the Crown Lands road closure application fee of $767.30 and relocation of fences where required.

Conclusion

As the unformed Council public road is no longer accessible without traversing privately owned land, it is considered that formal closure of the entire section of road reserve should be requested. Council’s involvement in the process would only be required to lodge the road closure application on behalf of the applicants, with any future purchase of the lot/s created to be negotiated directly with the Crown.

ATTACHMENTS

1. Road Closure off Coopers Gully Road Map

Recommendation

1. That Council authorise the General Manager to execute the necessary documents to effect the closure of an unformed section of Council road reserve between Lot 7300 DP 1130627 (Crown Reserve) and Lot 236 DP 1102786 off Coopers Gully Road, North Bega on behalf of James & Deborah Elliott.

2. That all costs associated with the road closure be borne by the applicant.

Council 28 May 2014 Item 11.2

11.2. Bega Valley Local Traffic Committee Meeting 7 May 2014

This report recommends that Council adopt the advice of the Bega Valley Local Traffic Committee meeting held 7 May 2014.

Group Manager Infrastructure, Waste & Water

Background

The Bega Valley Local Traffic Committee held a meeting on 2 April 2014, the minutes of which have been distributed separately. It is a requirement that Council formally adopt the recommendations, prior to action being taken. The recommendations were supported unanimously by the Committee.

ATTACHMENTS

Nil

Recommendation

Eden Whale Festival Street Parade – 1 November 2014

Recommendation:

1. That, subject to conditions, Imlay Street and Albert Terrace, Eden be temporarily closed from the Mitchell Street intersection to the Eden Wharf precinct between 8.30am and 11am on Saturday, 1 November 2014 for the Eden Whale Festival truck display and street parade.

2. That the proposed traffic arrangements involving the temporary closure of Imlay Street and Albert Terrace, Eden for the Eden Whale Festival on Saturday, 1 November 2014, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the Roads and Maritime Services (RMS) Traffic Control Manual.

3. That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate RMS accreditation.

4. That organisers fully implement an approved Special Event Transport Management Plan.

5. That organisers have approved public liability insurance of at least $20 million indemnifying Council, Police and Roads and Maritime Services by name for the event.

6. That organisers have written Police approval prior to conducting the event.

In favour: Russell Fitzpatrick, Karl Brough, Adam Berry, Ken Sullivan and Brad Shoveller

Against: Nil

Absent: Nil

The recommendation was thus made with unanimous support.

Quaama Public School P&C Annual Walkathon – 23 May 2014

Recommendation:

1. That the Quaama Public School P&C Annual Walkathon along Warrigal Range Road, Brogo on 23 May 2014 be approved and deemed a Class 4 special event.

2. It was agreed that a modification of consent be sought by the school for the DA approval for next year’s event to change the classification to be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan in accordance with the Roads and Maritime Services (RMS) Traffic Control Manual.

In Favour: Russell Fitzpatrick, Karl Brough, Adam Berry, Ken Sullivan and Brad Shoveller

Against: Nil

Absent: Nil

The recommendation was thus made with unanimous support.

Tathra Mountain Bike Enduro – 7 & 8 June 2014

Recommendation:

1. That, subject to conditions, the on-road components for the Tathra Mountain Bike Enduro on Saturday, 7 June 2014 and Sunday, 8 June 2014 be approved.

2. That the event be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan in accordance with the Roads and Maritime Services (RMS) Traffic Control Manual.

3. That the Traffic Control Plan is to reflect the following:

a) All stages held on Tathra Bermagui Road to be transport stages only, including race finish.

b) Use of cycle track is not available for racing purposes, as it is set aside for casual users.

4. That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate RMS accreditation.

5. That organisers fully implement an approved Special Event Transport Management Plan.

6. That organisers have approved public liability insurance of at least $20 million indemnifying Council, Police and Roads and Maritime Service by name for the event.

7. That organisers have written approval prior to conducting the event from the following:

a) Roads and Maritime Services, for the use of classified roads

b) NSW Police, under Section 40 of the Roads (Transport Safety & Traffic Management) Act

c) National Parks and Wildlife Service

d) Forests NSW

8. That the event organiser advertises the change to traffic conditions for the event.

9. That local emergency services and transport operators be notified prior to the event.

In Favour: Russell Fitzpatrick, Karl Brough, Adam Berry, Ken Sullivan and Brad Shoveller

Against: Nil

Absent: Nil

The recommendation was thus made with unanimous support.

Council 28 May 2014 Item 11.3

11.3. Rectification of road reserve and property boundaries adjacent to Double Creek Bridge on Upper Cobargo Road Brogo

This report details the current situation of property boundaries and road alignment adjacent to Double Creek Bridge on Upper Cobargo Road. These boundaries and alignments date from 19^th Century which bears little relationship to existing road and bridge infrastructure. Recommendation is made for action to rectify this situation.

Group Manager Infrastructure, Waste & Water

Background

Bega Valley Shire Council recently constructed a concrete bridge over Double Creek, approach road pavements, associated landscape, fencing and drainage on Upper Cobargo Road at Brogo. This new concrete bridge replaces the c1952 timber bridge that was destroyed by flood in 2010. This new concrete bridge was constructed, for engineering and economic reasons, on approximately the same plan alignment as this previous timber structure. However, the currently gazetted road reserve and property boundaries in this area date from the road and bridge alignments established in late 19^th Century and have long since been superseded.

Consequently, the road reserve bears little relationship to existing road, bridge, fence and drainage infrastructure. Basically, the road for some distance and the bridge, since at least 1952, has sat on private property while the original 19^th Century road reserve remained unused.

Properties involved – DP21 Lot1122529 Clarke and DP96 Lot750197 Duncan (represented by Mr Richard Otton).

Council have engaged a Surveyor to assist with the survey of the new bridge and proposed road reserve realignment.

PROPOSED SOLUTION

Following informal discussions with the adjacent property owners it was agreed that the simplest solution would involve the closure of redundant road reserves and creation of a new road reserve for Upper Cobargo Road to reflect the actual road alignment and position of the new concrete bridge with a simple quid pro quo land swap. As the problem was of an historical and statutory nature, and clearly within Council responsibilities, Council should rectify the situation.

ISSUES

Legal

The parties have agreed in principle with the solution proposed which is summarised below and included as attachments:

a) the closure of the redundant unused Upper Cobargo road reserve

b) the closure of the redundant unmade road reserve

c) the creation of a new Upper Cobargo Road reserve reflecting the current position of the road, bridge, fence and drainage infrastructure; and

d) the exchange of land areas with the adjacent properties DP21 Lot1122529 and DP96 Lot750197 (see Attachment 1)

Economic

Council may seek compensation for the loss of land in question; however it is recommended in these circumstances, that any claim for compensation be waived.

Consultation

Council staff have met on site and at Bega Valley Shire Council offices with Mr Richard Otton (on behalf of Duncan property) and Mr Jim & Mrs Diane Clarke on a number of occasions before, during and after construction of the new bridge to keep them up to date and to discuss possible solutions to the boundary anomalies. On all occasions they have been most cooperative and in agreement with the simple reserve realignment and land swap solution proposed.

Financial

It is recommended that no cost for the land areas in the exchange be made to Council or the property owners involved. Surveyor’s fees have been included in bridge construction costs and any legal costs will be against engineering administration.

Resources (including staff)

Council staff time through the process and external Surveyor’s and Legal assistance.

Conclusion

The agreed course of action will rectify the historic anomaly and satisfy all legal obligations.

ATTACHMENTS

1. Double Creek Bridge area extract from Survey Plan Brogo

2 . RW Surveying 1946A Double Creek

Recommendation

1. That Council note the report and approve the agreed course of action to rectify the road reserve alignment by creation of a new Upper Cobargo Road reserve aligned to the current position of the road, bridge, fence and drainage infrastructure and closure of redundant road reserves adjacent to Double Creek Bridge.

2. That Council consents to

a) the closure of the redundant unused Upper Cobargo road reserve

b) the closure of the redundant unmade road reserve

c) the creation of a new Upper Cobargo Road reserve reflecting the current position of the road, bridge, fence and drainage infrastructure; and

d) the exchange of land areas with the adjacent properties DP21 Lot1122529 and DP96 Lot750197 at no cost to property owners.

3. That the Mayor and/or the General Manager be authorised to execute the necessary documents as may be required.

4. That Council convey thanks to the property owners involved for their cooperation in resolving this matter.

Council 28 May 2014 Item 12.1

12.1. Certificate of Investments made under Section 625 of the Local Government Act 1993

To report the details of Council’s investments during the month of April 2014.

Business and Technology Manager

Background

Under the legislation and regulations mentioned below, the Responsible Accounting Officer must present to Council on a monthly basis the status of the investments held by Council. The Responsible Accounting Officer must detail the investments held, and their compliance with both internal policy and external regulation under the Ministerial Order of Investments.

In accordance with the recommendations made by the Division of Local Government Investment Policy Guidelines, published in May 2010 the Finance section has made the monthly Investments report an attachment to the Business Paper. This allows a stand-alone report to be published on Council’s website for the public to view without having to peruse the Council’s Agenda for the relevant meeting.

ISSUES

Legal

Section 625 of the Local Government Act 1993 determines that money may only be invested in a form of investment authorised by order of the Minister for Local Government published in the Local Government Gazette. The most recent Ministerial Order of Investment was published February 17, 2011.

Clause 212 of the Local Government (General) Regulation 2005 determines that the Responsible Accounting Officer must provide Council with a written report setting out details of all money that Council has invested under section 625 of the Local Government Act 1993.

The report must also include a certificate as to whether or not the investments have been made in accordance with the Local Government Act 1993, the regulations and the Council’s investment policy.

Policy

Council holds an Investment Policy published under policy number 5.07. This policy is reviewed every 4 years by Council and annually by Council staff.

Council’s current policy allows for investment of funds in cash term deposits only with rated Authorised Deposit-Taking Institutions (ADI’s). Council does not hold any investments in sub-prime or managed fund products. At this time, Council holds no long term deposits nor any deposits introduced through an agent.

Financial

The attached report indicates a current investment portfolio of $46,000,000.
These funds can be broken into the following Funds:

Table 1: Investments by Fund

Funding source	February 2014	March 2014	April 2014
General Fund	$25,090,726	$28,090,726	$22,090,726
Water Fund	$13,022,303	$13,022,303	$13,022,303
Sewer Fund	$10,886,971	$10,886,971	$10,886,971

In addition there is $4,763,730.65 in uninvested funds in Councils operating account.

8 Each fund’s allocation can only be utilised on its specific operations. For example, Water Fund cannot use its financial resources on General Fund projects, etc.

8 Externally Restricted is defined by purposes that are “restricted” by external legislation or regulations, such as unspent grants or loans tied to a specific project, or development contributions held for expenditure in accord with an adopted s94/s64 contributions plan.

8 Internally Restricted is defined by “restrictions” placed upon the use of these funds by Council internally, such as asset replacement, weeds, property, employee entitlements and the like.

8 Unrestricted funds are available for day to day operational uses, or emergencies. Those funds are reviewed daily for short term investment, depending on revenue cycles such as rates instalments.

Table 2: Restricted Cash and Investment by Fund

Funding source	External Restrictions ‘000	Internal Restrictions ‘000	Unrestricted ‘000	Total ‘000
General Fund	$9,800	$18,196	-$2,154	$25,842
Water Fund	$4,228	$8,794	$1,617	$14,639
Sewer Fund	$1,945	$8,942	$3,908	$14,795

The restrictions reported in Table 2 relate to 30^th of June 2013.

Council formally calculates its restrictions as at 30^th of June each year. These restrictions are not reset until the following year Financial Audit. Any movement of funds during the year, is therefore, shown as movement in unrestricted cash.

There have been expenditures between 1^st of July and year to date that will result in reduced restrictions (for example transfers from reserves to fund capital works), but is not reflected in the above table.

ATTACHMENTS

1. 2014.05.28 Investment Report April 2014

Recommendation

1. That Council receive and note the attached report indicating Council’s Investment position.

2. That Council note the Certificate of the Responsible Accounting Officer.

Council 28 May 2014 Item 12.2

12.2. Licence for land - Short Point Reserve

The NRMA Merimbula Beach Holiday Park have occupied a portion of Council managed Crown reserve at Short Point since 2008 to accommodate their sewer pump station and have sought Council approval to enter into a further five year licence.

Business and Technology Manager

Background

Reserve 85134 for Public Recreation at Merimbula is managed by the Merimbula Beach (R85134) Reserve Trust, the affairs of which are managed by the Bega Valley Shire Council.

The NRMA Tourist Park No 1 Pty Limited have occupied a portion of this Reserve since January 2008 for the purpose of providing a sewer pump station to their adjoining caravan park site held under Crown Lease. The previous licence was for a period of two years and covered the period from 1 January 2012 to 31 December 2013. Discussions have been ongoing with the NRMA and Crown Lands since late last year as to the best occupation arrangements going forward. It was considered that adding the section of Council managed Crown Reserve occupied under licence to their overall Crown Lease site would be the best long term option. This variation however did not occur prior to finalising a further long term Crown Lease for the caravan park earlier this year, with Crown Lands now indicating that the two separate tenure arrangements will need to continue.

The in-principle support of Crown Lands to a further five year licence of the section of Council managed Crown Reserve has been received, to which the NRMA have agreed. Formal Council approval is now being sought in order to have the licence agreements executed.

ISSUES

Consultation

Discussions regarding future tenure arrangements with NRMA property staff and Crown Lands have been ongoing since November 2013.

Financial

The annual licence fee for the 330m2 section of Council managed Crown Reserve is currently $1,091.49 per annum, with the provision for an annual increase by CPI.

As the cost of sourcing a further market rental valuation would exceed the current annual fee, it is proposed that it continue at the current rate with annual CPI increase.

Resources (including staff)

Staff time has been required to liaise with the Licensee and Crown Lands staff as to the tenure arrangements going forward.

Staff time will also be required for the on-going management of the licence during its term.

Conclusion

The continued occupation of the site by the NRMA Merimbula Beach Holiday Park for their sewer pump station facility is supported by Council staff and Council approval is therefore sought to enter into a further five year licence.

ATTACHMENTS

Nil

Recommendation

1. That Council approve a further five year licence of a section of Merimbula Beach (R85134) Reserve at Short Point to NRMA Tourist Park No 1 Pty Limited for the purpose of providing a sewer pump station facility.

2. That the Mayor and General Manager be authorised to execute the necessary documents.

3. That in accordance with the Crown Lands Act 1993, Council obtain Minister’s consent to the licence.

Council 28 May 2014 Item 12.3

12.3. Quarterly Budget Review Statement (QBRS) - March 2014

Budget review statements are prepared and presented to Council quarterly in

accordance with Section 203 of the Local Government (General) Regulations 2005.

Business and Technology Manager

Background

Under the Integrated Planning and Reporting (IPR) guidelines, a quarterly budget review statement (QBRS) must be presented to Council for each financial quarter.

The QBRS is presented in a summary format which reflects the Long Term Financial Plan. Each Function of Council is presented individually as is a summary page for each theme. The report also shows a host of management information for each Function, such as:

· Income Progress graphs: These graphs illustrate how each function is progressing with their revenue estimates. The overall graph illustrates the cumulative progress of the function, while the monthly graph shows progress month by month.

· Reserves table: This table outlines cash reserves that are linked to that particular function and their movements throughout the financial year.

· Expense Progress Graphs: These graphs illustrate how each function is progressing with their expenditure estimates. The overall graph illustrates the cumulative progress of the function, while the monthly graph shows progress month by month.

· Grants Received table: This table shows the name and value of each specific purpose grant that that particular function has attracted.

· Revotes Table: This table tracks the progress of the revotes from the 2012 financial year.

It is the intent of this report to provide information to the users of the QBRS report in order to illustrate the financial performance of each particular function of Council.

Upon request by the community and endorsed by Council, a number of formatting changes were incorporated into the March QBRS.

· Year to date budget values have been included. This change may appear to present some anomalies in the profiling of budgets by month (ie: YTD budget does not match to YTD expenditure). Historically, while Council tracks transactional information monthly, budgets have been reported quarterly. In future reports the matching of profiled budgets to actuals will improve.

· The inclusion of a definitions page to assist the public in understanding the terminology used within the report and how those elements relate to the broader finances of Council.

· Inclusion of more detailed commentary within particular functions and specifically on the budgetary movement relating to the Employment Cost element.

The suggestion was made to also include a reconciliation of the numbers of employee’s to the cost of employment. That item is being collated and will be appear in a future QBRS.

In respect to the request for improved commentary, where budget variances in the current quarter are deemed significant, commentary will be provided. In the case of movements to employments costs, a comment will be provided regardless of significance.

Council staff retain the ability to enquire, transact, and report on the detailed General Ledger, including budgets. If there are specific questions relating to detailed transactional information, staff can provide answers to those questions.

ISSUES

Legal

Clause 203 of the Local Government (General) Regulations 2005 states:

Budget review statements and revision of estimates

1. Not later than 2 months after the end of each quarter (except the June quarter), the responsible accounting officer of a council must prepare and submit to the council a budget review statement that shows, by reference to the estimate of income and expenditure set out in the statement of the council’s revenue policy included in the operational plan for the relevant year, a revised estimate of the income and expenditure for that year.

2. A budget review statement must include or be accompanied by:

a. A report as to whether or not the responsible accounting officer believes that the statement indicates that the financial position of the council is satisfactory, having regard to the original estimate of income and expenditure, and

b. If that position is unsatisfactory, recommendations for remedial action.

c. A budget review statement must also include any information required by the Code to be included in such a statement.

Financial

The attached QBRS reports the detailed variances for the Match 2014 quarter.

Overall, the budget position is slightly improved from the December quarter. While there are a number of variances representing operational changes there are no significant operational matters that need reporting to Council.

At the presentation of the December quarter QBRS it was put to Council that in future QBRS reports, resolutions raised and passed by Council that required Council budgets to be redirected would be reported in the following QBRS report. There were no resolutions in the March 2014 quarter raised and passed by Council that required redirections of Councils budget votes. All resolutions raised in staff reports have been factored into the QBRS report.

There are no major or significant variances to report to Council. There are a large number of minor variances throughout Councils budget, however in all of these cases the variances relate to “shifting” of commitments between Council functions and/or the recognition of new commitments made by Council whereby corresponding funding sources were obtained to match the committed expenditure.

As at the end of March 2014, Council held $52,702,136.43 in cash & investments – the bulk of which remain restricted for use with planned infrastructure or projects preconditioned by loans, grants or development contributions.

As per Council’s policy, the QBRS reflects the budget in a balanced position and maintains working capital at adopted levels. All net movements are factored through the movement to and from reserves, including anticipated transfers to asset, ELE and property reserves at year end.

Conclusion

Council’s March 2014 QBRS has been presented to Council. Council financial performance is healthy and within the operating budget set by Council in June 2013.

ATTACHMENTS

1. QBRS March 2014

Recommendation

1. That Council note and endorse the March 2014 Quarterly Budget Review Statement.

2. That Council adopt the variances to its operating budget as outlined in the QBRS.

3. That Council place the QBRS for March 2014 on its website for public information.

Council	28 May 2014
*Item 12.3 - Attachment 1*	*QBRS March 2014*

Council 28 May 2014 Item 12.4

12.4. Organisation Structure Update 2014

Following adoption last year of an updated organisation structure, the implementation of which was partially suspended due to the resignation of the General Manager, it is necessary to refine an ongoing organisational structure for implementation.

General Manager

Background

Councils are required to review the structure of the organisation in the first year after an ordinary election. In July 2013 the then General Manager presented his proposed structure to Council after consideration of approved staffing numbers and focussing on future directions. The proposal was adopted and some preliminary implementation undertaken prior to Mr Tegart’s resignation soon after. The full implementation was then put on hold until the appointment of a new General Manager.

Drawing from the review of assets and services by Council in 2011, the structure adopted in July 2013 considered:

· identifying gaps and disconnects in services and functions delivered by the organisation

· exploring cultural change opportunities brought by retirements and intake of cadets and apprentices

· examining the skill base and gaps in delivering services, having regard to those gaps and anticipated staff turnover

· shifting focus and accountability to outcomes, rather than outputs

· focus on senior staff responsibility for achievement of CSP theme outcomes; service managers being accountable for achievement of Delivery Plan output; and function coordinators responsible for Operational Plan inputs.

Since the appointment of the General Manager in January 2014 there has been a review of the adopted proposal. The approach taken to prepare a final position has involved input by Councillors through discussion with the General Manager on key priorities; senior staff and all staff. The impending final State position on the focus from the local government review will require all Councils to be nimble, innovative and outcome focussed.

The leadership program the General Manager is undertaking with the Australian School of Applied Management has also contributed to a refocussing of key areas in which the most appropriate structure and move to such should best be addressed.

In January 2014 the Senior Team met to identify key priorities and relationships for the team and how they work together to achieve outcomes for the community. This has been developed into a working charter so that the team can monitor their performance.

Key areas identified as needing focus and support for the achievement of the communities aspirations about their place included:

· improved engagement and communications including opportunity for greater local input

· better management and focus for recreation assets where Council expends in the order of $4.5million with disconnects in terms of managing this

· improved governance and organisational framework

· focussed and effective financial management

· improved project management and outcomes

· improved business growth opportunities

Using a similar approach to overlay on Council’s structure, some potential gaps and opportunities were identified. These include a broadening of the current workforce and administration role to focus on governance and organisational development; reinstatement of the recreation function; a greater focus on financial strategic role.

DRIVERS

Below are the major points from the feedback conversations that have underpinned the fine-tuning of the structure adopted in July last year and some other factors about the current and likely future operating environment:

Ø Council needs to allow for clear strategic directions to be achieved for the community and to present in a professional manner

Ø There are some key areas across the organisation needing focus including communication, addressing external views about some of our operational areas, the need to achieve business growth, recreation, major projects and community outcomes – “we need to get things completed”

Ø Local councils are operating in a changing world with the review of Local Government, changing funding paradigms (at State and Federal levels) - and their increasing requirements to demonstrate efficiency, and to continually review services.

Ø There is no need to “fix” something that’s not broken however we can always do better. The need to focus on community and infrastructure and being there to listen, help and respond at the point where people are.

Ø Through our Community Strategic Plan (CSP), the idea of “placed based” function model where there is local access to allow input to Council and local information has been raised and should be considered

Senior staff asked some critical questions: Why are we here, Who are our clients, What could/should we stop doing, keep doing, start doing, What do we do well, and how can we do it better, How do we take advantage of sector reform?

Following this process some key activities were identified as needing refinement in the structure –how can we make what we do better. Areas covered included – property management, recreation services, procurement, building management, information technology, and external and internal communications.

To respond to the above approach an initial structure draft for consultation and input from all staff was prepared. The objective was to draft a structure which:

Ø allows for vertical integration that works well together and can see strategy - through planning to action

Ø focuses on service delivery

Ø reflects the Community Strategic Plan themes in the executive team

Ø sees the executive team as the leaders who ask the questions, challenges the norms, and expose issues and pressures

Ø allows the service managers to “manage” the delivery of their areas of responsibility including asset management of the facilities they operate out of (eg Libraries, children services buildings) with appropriate training and development in finance, people management and project management

Ø ensures we increase our leadership and management training and skills to reflect our changing environment

This is graphically outlined below:

STRUCTURE

July 2013

Councillors considered the structure last year and in a workshop refined the upper level of the organisation with the General Manager on 21 May.

The adopted structure from July 2013 retained the existing Leadership Group with five senior managers, noting two of those positions had been vacant for some time.

New staff FTE positions were proposed in public domain (presentation), asset management (infrastructure backlog/quality assurance) and recreation (level of service). The asset management role was able to be achieved through use of an existing vacancy. The presentation and recreation roles were not established.

Internal appointments were made to vacant positions in the adopted structure.

Current Partial Implementation September 2013 to date

Proposed fine tuning for the future

Councillors have been provided a confidential memo relating to the proposed changes which achieve the outcomes. This will be released to the community following advice to staff about reporting and refocussing changes if adopted by Council.

In summary the proposed structure:

· retains the senior structure with some minor changes in scope of roles

· addresses recreation through establishment of a team working on this process through re-allocation of an existing vacant position

· introduces place based services with staff working in Eden, Merimbula, Bermagui and other areas being points of contact for local communities – taking contact points to where people are

· refocusses Council’s own business services.

There is no increase in positions and rather the approach to implementation will be a full review of all vacancies as they arise.

It is recommended that the five direct reports to the General Manager cover a governance and organisational support unit supporting the Council, General Manager and organisation; and four outcome groups: community relations, services and recreation; transport and utilities; planning and environment; and stratgey and business services.

ISSUES

Legal

The Council has to review the structure within 12 months of an ordinary election. This was done with a report to Council and appropriate resolution in July 2013 however due to the then General Manager’s resignation some aspects were not implemented awaiting a final appointment. An undertaking was provided to Council and staff that this would be reviewed and reported to Council within six months of the new General Manager commencing in the role.

Strategic

As stated in the report last year: “While the current structure has served well, the building of organisation skills in planning, risk, project and contract management has hampered the senior staff focussing on strategic elements of the organisation and council activity. Strengthening the service managers capabilities and responsibilities to ‘close the loop’ and assume greater accountability (including access by and to councillors and community), should enable senior managers to work on the business, rather than in the business – particularly as the organisation goes through the significant sector reform.”

Consultation

Councillors and staff have been engaged in the process to date. 60 pages of submissions were received from staff with positive ideas and options to be considered. All were fully considered by the senior team. The final proposal presented here does not encompass all these proposals but some are fully or partially reflected.

Financial

There is no financial impact from the implementation of the proposed structure. It is planned to review and refocus identified training allocations to ensure critical training in management and change are implemented over the next 12 months. It is also expected that funding in this area will assist with some external consultants to assist with the service level review.

Resources (including staff)

There is a nil overall impact on FTE. A full service level review will be undertaken as part of the updating of the Resourcing Strategy. A key part of this will be the Workforce Strategy particularly focussing on how we can move to be a more nimble organisation. Changes to legislation and licencing has increased the type, frequency and cost of retaining staff with appropriate accreditation to operate plant and issue development and engineering certification for example.

Operational Plan

The proposed structure clearly aligns with community strategic plan and its implementation plans.

Conclusion

The organisation review and proposed restructure has been a collaborative effort between the executive team and staff, reflecting on the local government sector reforms and positioning the organisation towards cultural change needed to move us to become an outcome focussed organisation.

Transition to the new structure will progress over the next six months.

ATTACHMENTS

Nil

Recommendation

That Council adopt the 2014 Organisation structure.

Map

About this Document	Disclaimer
This map has been created for the purpose of showing basic locality information over Bega Valley Shire Council. Property boundary line cadastral data is supplied by LPMA. Any error should be reported to the GIS Section, Bega Valley Shire Council.	This map is a representation of the information currently held by Bega Valley Shire Council. While every effort has been made to ensure the accuracy of the product, Council accepts no responsibility for any errors or omissions. Feedback on omissions or errors would be appreciated.

Council	28 May 2014
*Item 8.1 - Attachment 1*	*Draft CBD design guidelines*

Council	28 May 2014
*Item 11.1 - Attachment 1*	*Road Closure off Coopers Gully Road Map*

Council	28 May 2014
*Item 11.3 - Attachment 1*	*Double Creek Bridge area extract from Survey Plan Brogo*

Council	28 May 2014
*Item 11.3 - Attachment 2*	*RW Surveying 1946A Double Creek*

Council	28 May 2014
*Item 12.1 - Attachment 1*	*2014.05.28 Investment Report April 2014*