Supplementary Agenda

12 August 2013



Cr Bill Taylor, Mayor

Cr Russell Fitzpatrick, Deputy Mayor

Cr Tony Allen

Cr Michael Britten

Cr Keith Hughes

Cr Ann Mawhinney

Cr Kristy McBain

Cr Liz Seckold

Cr Sharon Tapscott


General Manager, Mr Peter Tegart

Group Manager Infrastructure, Waste and Water, Mr Wayne Sartori

Group Manager Planning and Environment, Mr Andrew Woodley

Group Manager Community and Relationships, Ms Leanne Barnes

Minute Secretary





The Agendas for Council Meetings and Council Reports for each meeting are available from 5.00 pm one week prior to each Ordinary Meeting, on Council’s website.  A hard copy is also made available to each Library Branch and at the Bega Administration Building reception desk.

The Minutes of Committee and Council Meetings are available from 5.00pm on Council's Web Site on the Friday after the Meeting on Councils website and hard copies distributed with the Agenda for the following meeting.

1.      Please be aware that the recommendations in the Council Meeting Agenda are recommendations to the Council for consideration.  They are not the resolutions (decisions) of Council.

2.      Background for reports is provided by staff to the General Manager for his presentation to Council.

3.      The Council may adopt these recommendations, amend the recommendations, determine a completely different course of action, or it may decline to pursue any course of action.

4.      The decision of the Council becomes the resolution of the Council, and is recorded in the Minutes of that meeting.

5.      The Minutes of each Council meeting are published in draft format, and are confirmed, with amendments by Councillors if necessary, at the next available Council Meeting.

If you require any further information or clarification regarding a report to Counci, please contact Council’s Executive Assistant who can provide you with the appropriate contact details

         Phone (6499 2104) or email execassist@begavalley.nsw.gov.au.



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.





Bega Valley Shire Council

(02) 6499 2222




8281 5999

Toll Free 1800 463 909



Division of Local Government (DPC)

(02) 4428 4100



NSW Ombudsman

(02) 8286 1000

Toll Free 1800 451 524




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







Print Name



*  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                                                                                                          14 August 2013


Supplementary AGENDA

6     Mayoral Minutes

6.2              Resignation of the General Manager.................................................. 7



16   Notices of Motion

16.2             Littleton Garden Gum Trees............................................................ 10


Council                                                                                                          14 August 2013



Mayoral Minutes


14 August 2013


6.2           Resignation of the General Manager............................................ 7

Council 14 August 2013                                                                                      Item 6.2


6.2Resignation of the General Manager       




The General Manager Peter Tegart informed me on Monday 5 August of his resignation providing notice from Friday 2 August 2013. Mr Tegart made the decision over a period of leave for personal reasons and we respect his decision. He also wanted to ensure that the resignation was under the terms of his former contract and I ask the community to respect his privacy and decision to start a new chapter in his life.

On behalf of Councillors, staff and many in the community I offer Mr Tegart our gratitude for his vision, tenacity and faith in the shire’s community. He leaves this Council in a far better position than when he arrived 5 years ago.

His of achievements include significantly improved infrastructure and plans for the future, improved and expanded community and environmental services, the new communications strategy, the award winning Love our Lakes program, Council’s integrated planning and reporting process and resultant improved works in recreation, road and tourism infrastructure, Merimbula airport works, adoption of the Council’s Comprehensive Local Environment Plan, the Digital Economy Strategy and the NBN response to floods in 2011, the planning and development of community facilities for Merimbula CBD and surrounding areas, the Merimbula jetty and boat ramp works, including the purchase of the Tura Tavern, approval for the Bega Civic Centre project, to name just a few.  Also due to the General Manager’s hard work we are now one of only a few NSW Councils in a sound financial position and forecasted to get even better in the coming year

Our recently approved and adopted special rates variation saw IPART basing its decision on 17 financial indicators, and the outcome is we are achieving more and becoming increasingly stable through taking less than the average yield from local ratepayers. This means our financial stability has come through strong leadership and expert management of our resources and investment strategies.

Mr Tegart will remain in the position of General Manager until Friday 6 September but will be taking leave until then.

The Council had previously resolved to appoint the Group Manager Community and Relationships to act as General Manager to cover periods of absence of the General Manager. I have requested that Ms Barnes continue this role until the commencement of a new General Manager following an appropriate selection process. Ms Barnes has experience in this role and process and is across all major projects. She is ably assisted by the Council’s senior team.  In fact one of Mr Tegart’s legacies is the cohesive leadership team and high staff morale within the organisation.

Staff will now commence the preparation of reports to be considered by Council to implement the process for appointing a new General Manager.

In relation to the Council’s recent decision relating to the organisational structure it is best that the implementation of the full review be put on hold until a new General Manager is appointed. A number of minor matters will be dealt with to fill vacancies and, as raised with me by Councillors the critical workforce strategy plan focussing on engaging trainees and cadets should continue as resolved by Council, to capture those local students currently deciding their future plans.






1.      That Council formally recognise the contribution of Mr Peter Tegart as General Manager from 3 August 2008 to 6 September 2013.

2.      That Council note that Ms Leanne Barnes continuing in the position of Acting General Manager until the commencement of a permanent appointment to this role by Council.

3.      That the adopted organisational structure implementation be held over until a suitable induction and review process by the incoming General Manager.

4.      That the Council’s adopted workforce strategy as it relates to the trainee and cadet program continue as planned.




Council                                                                                                          14 August 2013



Notices of Motion


14 August 2013


16.2         Littleton Garden Gum Trees....................................................... 10

Council 14 August 2013                                                                                    Item 16.2


16.2. Cr Keith Hughes - Littleton Garden Gum Trees       



The premature and peremptory removal of the two large gum trees in the central area of the Littleton Gardens has dismayed the Bega community. It has caused a loss of amenity to the people of Bega and detracts from the visual and environmental value at the heart of the town.

The arborist's report commissioned by Council indicated that those trees could continue to provide environmental amenity for many years to come with appropriate management.

The Littleton Gardens masterplan prepared after extensive public consultation indicated the desirability of keeping the large trees at least until the new works had mellowed and been given a chance to settle in and additional new trees had a chance to establish new canopies.

The loss of shade caused by the removal of the large trees is destined to make the Gardens much less pleasant this summer and for many years to come. The trees were also roosts for large numbers of galahs and their loss is a loss to the town.

Cr Keith Hughes



1View. Resolution of Council 24 July 2013 - Removal of Trees in Littleton Gardens

2View. Copy of report to Council 24 July 2013:  11.4. Littleton Gardens Tree Removal



That Council acknowledges that it was a mistake to remove the two central gum trees from Littleton Gardens on August 3 and 4 and apologises to the people of Bega for the loss of amenity and visual and environmental value of the town centre.




14 August 2013

Item 16.2 - Attachment 1

Resolution of Council 24 July 2013 - Removal of Trees in Littleton Gardens


Resolution of Council – 24 July 2013



Littleton Gardens Tree Removal


RESOLVED on the motion of Crs Britten and Mawhinney

1.      That Council adopt a proposal to remove the gum trees in Littleton Gardens identified in the report and replace with more appropriate park species and that these works be carried out as appropriate to each tree.

2.      That tree 7 and 9 from the attached plan be removed immediately due to safety and risk concerns.

In favour:        Crs Taylor, McBain, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten

Against:            Cr Hughes



14 August 2013

Item 16.2 - Attachment 2

Copy of report to Council 24 July 2013:  11.4. Littleton Gardens Tree Removal


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14 August 2013

Item 16.2 - Attachment 2

Copy of report to Council 24 July 2013:  11.4. Littleton Gardens Tree Removal


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