Supplementary Agenda

                                                                                              15 August 2014



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, Ms Leanne Barnes

Group Manager Transport and Utilities, Mr Wayne Sartori

Group Manager Planning and Environment, Mr Andrew Woodley

Acting Group Manager Community Relations and Leisure, Mr Simon Schweitzer

Group Manager Strategy and Business Services, Mr Lucas Scarpin

Executive Manager Organisational Development and Governance, Ms Nina Churchward

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 Council, 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                                                                                                             20 August 2014


Supplementary AGENDA 

S     Staff Reports – Accessibility

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

S.1              Dickinson Oval Pavillion, Bermagui - Tender for Reconstruction........................ 8





Council                                                                                                             20 August 2014



staff reports – Accessibility (infrastructure Waste and Water)


20 August 2014

In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Councillor Fitzpatrick.  

S.1             Dickinson Oval Pavillion, Bermagui - Tender for Reconstruction............. 8

Council 20 August 2014                                                                                       Item S.1


S.1.        Dickinson Oval Pavillion, Bermagui - Tender for Reconstruction     


Tenders were called for the construction of a new pavilion building at Dickinson Oval, Bermagui.  Council resolved to not accept any of the tenders, but to negotiate with the preferred Tenderer.  This paper outlines issues for Council to consider for the delivery of the pavilion construction.

Group Manager Transport and Utilities  



The Original Dickinson Oval Pavilion burnt down in 2012.  Funding from a number of sources has been secured to reconstruct the pavilion.  Tenders were originally invited in November 2013 for the design and construction of a new pavilion.  The tender was based on a floor plan and scope of works produced and accepted by user groups and the sportsground committee.  The tenders received were too expensive.  In an attempt to make the project more affordable and remove some Contractor risk, Council developed the existing plan into a designed project, with all Development Approval.

After gaining Development Approval in June 2014, the project was retendered in July 2014.  Again, tenders were considered too high and Council resolved to negotiate with the preferred Tenderer, Zauner Construction P/L.  This report considers the revised offer available to council, comprising the following:

1.         Revise design of suspended concrete slab to a ground level waffle pod slab providing an approx. 500mm high “podium” to elevate the building floor level, but eliminate the need to provide long ramps, handrails and sub-floor storage.

2.         Revise the envelope format to be Colorbond Custom Orb or Spandek (“square”) profile metal cladding in a horizontal format fixed to the light weight framing to all perimeter external walls.

3.         Delete PC sum for carpet and vinyl floor coverings – leave sealed bare concrete surface.

4.         Delete PC supply of microwave, pie warmer and refrigerator.



The existing tender process continues and needs to be concluded.


Reconstruction of the pavilion is consistent with Council’s policy and Asset Management Plan.


Social / Cultural

Reconstruction of the pavilion will provide a building to support community sports and recreation activities.


It is proposed to divert internal resources to deliver a key piece of community infrastructure in the Bermagui area.


The revised offer has been discussed with key members of the user groups and sportsground committee.  The proposal meets the main objectives of the user groups and is therefore supported by the users.  The committee and users have offered to supply the deleted canteen appliances.


Budget funding has been secured for the project from a variety of sources.  Additional funding is required, as indicated in the following table:

Budget (excluding GST)


BVSC LTFP 2013/14


BVSC S&R SV fund 2013/14


NSW Public Reserves Management Fund Programme


NSW Community Building Programme


Insurance payment


Less expenditure - demolition of previous building, hire of temporary facilities, design, ground investigation, water main diversion




It is proposed that additional funding be provided by deferring delivery of some 2014/15 projects to 2015/16.

Resources (including staff)

Delivery of the project shall be by Contractor with council staff administering the Contract.

Operational Plan

The new pavilion building would be operated by the sportsground committee, similar to the previous pavilion building.  Council staff will liaise with the sportsground committee to resolve any issues at handover.



The Tenderer has offered significant savings in a number of areas, making the revised Tender affordable with some compromise across the Shire’s Leisure assets.

It should be noted that Council will be reviewing the Recreation Asset Management Plan during 2015 which will ensure allocation of funds.



1.         Memorandum to Councillors (Confidential)



1.      Council accept the recommendations as outlined in the confidential attachment.

2.       Council accept the revised tender submission from <insert> in relation to the Dickinson Oval Pavilion, Bermagui – Tender for Reconstruction, in the amount of <insert> (ex GST), subject to variations and prime cost items.

3.         That authority is delegated to the General Manager to execute all necessary documentation.