Agenda of Extraordinary Council

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 1993 and Office of Local Government

· Non-pecuniary – regulated by Codes of Conduct and policy. ICAC, Ombudsman, Office 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?

Local Government Act 1993 and Model Code of Conduct

For more detailed definitions refer to Sections 442, 448 and 459 or the Local Government Act 1993 and Bega Valley Shire Council (and Model) Code of Conduct, Part 4 – conflict of interest.

Agency advice

Whilst seeking advice is generally useful, the ultimate decision rests with the person concerned.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
Office of Local Government	(02) 4428 4100	olg@olg.nsw.gov.au	http://www.olg.nsw.gov.au/
NSW Ombudsman	(02) 8286 1000 Toll Free 1800 451 524	nswombo@ombo.nsw.gov.au	www.ombo.nsw.gov.au

Disclosure of pecuniary interests / non-pecuniary interests

Under the provisions of Section 451(1) of the Local Government Act 1993 (pecuniary interests) and Part 4 of the Model Code of Conduct prescribed by the Local Government (Discipline) Regulation (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.

The following form should be completed and handed to the Chief Executive Officer as soon as practible once the interest is identified. Declarations are made at Item 3 of the Agenda: Declarations - Pecuniary, Non-Pecuniary and Political Donation Disclosures, and prior to each Item being discussed:

Council meeting held on __________(day) / ___________(month) /____________(year)

Item no & subject
Pecuniary Interest	In my opinion, my interest is pecuniary and I am therefore required to take the action specified in section 451(2) of the Local Government Act 1993 and or any other action required by the Chief Executive Officer.
Significant Non-pecuniary conflict of interest	– In my opinion, my interest is non-pecuniary but significant. I am unable to remove the source of conflict. I am therefore required to treat the interest as if it were pecuniary and take the action specified in section 451(2) of the Local Government Act 1993.
Non-pecuniary conflict of interest	In my opinion, my interest is non-pecuniary and less than significant. I therefore make this declaration as I am required to do pursuant to clause 5.11 of Council’s Code of Conduct. However, I intend to continue to be involved with the matter.
Nature of interest	Be specific and include information such as : · The names of any person or organization with which you have a relationship · The nature of your relationship with the person or organization · The reason(s) why you consider the situation may (or may be perceived to) give rise to a conflict between your personal interests and your public duty as a Councillor.
If Pecuniary	Leave chamber
If Non-pecuniary (tick one)	Disclose & vote Disclose & not vote Leave chamber
Reason for action proposed	Clause 5.11 of Council’s Code of Conduct provides that if you determine that a non-pecuniary conflict of interest is less than significant and does not require further action, you must provide an explanation of why you consider that conflict does not require further action in the circumstances
Print Name	I disclose the above interest and acknowledge that I will take appropriate action as I have indicated above.
Signed

NB: Please complete a separate form for each Item on the Council Agenda on which you are declaring an interest.

Extraordinary Council 13 July 2022

Item 3.1

3.1. Use of Pambula Sporting Complex for proposed Wanderer Festival

Cr Russell Fitzpatrick

Officer’s Recommendation

Council endorse the use of the Pambula Sporting Complex for the proposed wanderer festival to be held 23 to 25 September 2022 subject to appropriate conditions to be prepared by staff, all relevant external approvals and all legislative requirements being met.

Background

The proposed wanderer festival was originally intended to be held on land near to Bournda National Park and adjoining Sapphire Coast Drive. A development application (DA) for the event to be held on that site was lodged with Council and as the assessment progressed it became apparent to the proponent that the site had a number of constraints that meant it was unlikely the DA would be able to be assessed with all potential issues addressed within a timeframe that would allow the event to proceed.

A further briefing document on the background to the event and its benefits that has been provided by the proponent is attached to this motion.

The event has received a significant grant for the NSW Government to support its establishment with the proponent intending to establish the festival as an annual event to be held within the Bega Valley. The festival is intended to be a social and cultural event that provides activities for people of all ages including a range of live performances, markets and rides for children. The festival aligns with other typical uses of the Pambula Sporting Complex.

A use of public land application has been submitted to Council with staff assessing the detail of the application to ensure that any potential site or peripheral issues are accounted for. Through discussions with the Chief Executive Officer there does not appear to be any significant issues that cannot be addressed prior to the event occurring.

The proponent is seeking a degree of certainty around support for the event at the proposed new site to allow promotion and preparation.

Risks

Ideally, all parties would have had a much greater lead time to plan for and assess the details surrounding the event. The key barrier to this occurring relates to the timing of grant funding being announced which was provided much later than originally anticipated by the proponent. This meant that the site that they had originally planned for became less viable and they needed to look at alternate sites. It is understood the funding provided has some criteria that limits the flexibility around when the event can occur (having to be prior to December 2022) and where it can occur due to needing to cater for accommodation demand, hence needing to be nearby to Merimbula.

There is some inherent risk that not all necessary approvals can be met in time for the event to occur or that there are legislative constraints that cannot be overcome, although these risks are considered relatively low. There is also a risk that if approval to proceed with the Pambula Sporting Site is not granted now there will not be time to find a way for the event to proceed, meaning a significant lost opportunity not only for the local economy but socially and culturally for the community. It is my opinion that the risk of lost opportunity should council not support the event is far greater than the risk that the detailed approval step cannot be achieved between now and the event occurring.

Community engagement

It is understood the proponent has been gaining fairly widespread support from within the surrounding Pambula community for the event to be held at the Pambula Sporting complex. The event is intended to integrate community groups to assist with catering and supporting the event. The Pambula Sporting Complex is managed on behalf of Council by a section 355 committee who are supportive of the event.

Attachments

1 ⇩. Wanderer Festival Venue Briefing

Extraordinary Council 13 July 2022

Item 4.1

4.1. Bega Valley Local Traffic Committee

This report recommends that Council adopt the recommendations of the Bega Valley Local Traffic Committee from the meeting held on 6 July 2022.

Director Assets and Operations

Officer’s Recommendation

That Council adopt the recommendations of the Bega Valley Local Traffic Committee minutes dated 6 July 2022 and tabled at the 13 July 2022 Council meeting.

1. The Wanderer Festival: 23 September – 26 September 2022

a. That there is No on street Parking along Pambula Beach Road; east bound from Dingo Street to its intersection with Culgoa Crescent; west bound from its intersection with Culgoa Crescent to its intersection with Sir William McKell Drive. This is to be picketed and taped off with reflective tape to prevent parking in this area.

b. That buses continue to enter Lumen Christi Catholic College via Pambula Beach Road and exit onto Culgoa Crescent (with Traffic Control).

c. That Culgoa Crescent becomes a one way street for the entirety of the event. Entry from eastern end of Pambula Beach Road onto Culgoa Crescent becoming one way (west bound) from its intersection with Club Avenue, dropping patrons off at the existing school drop off in Culgoa Crescent.

d. That one month prior to the event date, all affected residents will be notified by letter drop advising them of the proposed changes to traffic movements. The letter must provide the residents with contact details of the event organisers

e. That there is a reduction in the speed limit on Pambula Beach Road on days leading up to and during the event to a 40km/h speed zone (160m west of the access driveway to Sapphire Aquatic Centre to the intersection of Culgoa Crescent) as indicated on the provided TGS’s

f. That organisers fully implement an approved Special Event Transport Management Plan. Police have indicated as this is a proposed large-scale event there will be a minimum 60-day review time for Police approval.

h. That persons involved in the preparation and implementation of the Traffic Guidance Scheme must hold the appropriate SafeWork NSW and Transport for NSW (TfNSW) Accreditation.

i. That organisers have approved public liability insurance of at least $20 million indemnifying Bega Valley Shire Council, NSW Police and Transport for NSW (TfNSW) by name for the event.

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

k. That the event achieves all conditions of Council’s Use of Public Land approval.

l. That, as a prerequisite of the proposed changes to traffic movements, the event organisers must notify all, local and interstate bus services along with local taxi services and other affected stakeholders of alternative routes including pick-up/drop-off points, including point to point transport.

m. That after the event, organisers are to clean up any rubbish or waste left behind.

n. That the event operates strictly under the NSW Health Department COVID19 conditions.

Refer attached Wanderer Festival Final Application V8

2. Quad Crown Sapphire Coast: 5 August – 7 August 2022

a. That the proposed arrangements involving sections of road reserves in Andy Poole Drive, Tathra Bermagui Road, Bay Drive, Wheeler Avenue, Riverine Drive, Thompson Drive, Riverview Crescent, Tathra Road and White Rock Road, Tathra for Stages 1 and 2 on Saturday, 5 August 2022 be deemed a Class 2 special event and it be conducted under an approved and current Traffic Guidance Scheme, in accordance with the SafeWork NSW Guidelines and Transport for NSW (TfNSW) Traffic Control Guidelines.

b. That the proposed arrangements involving sections of road reserves in Storey Avenue, Nethercote Road, West Street and Botany Street, Eden for Stage 3 on Sunday, 6 August 2022 be deemed a Class 2 special event and it be conducted under an approved and current Traffic Guidance Scheme, in accordance with the SafeWork NSW Guidelines and Transport for NSW (TfNSW) Traffic Control Guidelines.

c. That the proposed arrangements involving road crossings at the intersections of Tathra Bermagui Road/Bay Drive, Thompson Drive/Riverview Crescent and crossing the Tathra Road, Tathra for Stages 1 and 2 on Saturday, 5 August 2022 be supervised by qualified Marshalls. Marshalls are to wear high visibility clothing and ensure participants comply with NSW Road Rules and do no impact on traffic flow.

d. That the proposed arrangements involving road crossings on and off Nethercote Road, West Street and Botany Street Eden for Stage 3 on Sunday, 6 August 2022 be supervised by qualified Marshalls. Marshalls are to wear high visibility clothing and ensure participants comply with NSW Road Rules and do no impact on traffic flow

e. That persons involved in the preparation and implementation of the Traffic Guidance Scheme must hold the appropriate SafeWork NSW and Transport for NSW (TfNSW) Accreditation

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

g. That organisers have approved public liability insurance of at least $20 million indemnifying Bega Valley Shire Council, NSW Police and Transport for NSW (TfNSW) by name for the event

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

i. That the event achieves all conditions of Council’s Use of Public Land approval

j. That, as a prerequisite of any road closures, the event organisers must notify all, local and interstate bus services along with local taxi services and other affected stakeholders of alternative routes including pick-up/drop-off points, including point to point transport

k. That after the event, organisers are to clean up any rubbish or waste left behind

l. That the event operates strictly under the NSW Health Department COVID19 conditions

Refer attached Quad Crown Final Application

3. Bicycle NSW Bega Tathra Safe Ride 2022: Sunday 18 September 2022

a. That subject to conditions, sections of the Bega-Tathra Road be temporarily closed between 7.30am to 12.00pm (rolling closures) on Sunday, 18 September 2022 (alternative date Sunday 9 October 2021) for the Bicycle NSW Bega Tathra Safe Ride 2022

b. That organisers of the Bicycle NSW Bega Tathra Safe Ride 2022 engage a specialist traffic event consultant to prepare a comprehensive Traffic Management Plan encompassing all the required short-term closures for access driveways and side roads onto Bega Tathra Road

c. That the proposed traffic arrangements for the Bicycle NSW Bega Tathra Safe Ride 2022 on Sunday, 18 September 2022 (alternative date 9 October 2022) be deemed a Class 2 special event and it be conducted under an approved Traffic Guidance Scheme in accordance with SafeWork NSW Guidelines and Transport for NSW (TfNSW) Traffic Control Guidelines

d. That persons involved in the preparation and implementation of the Traffic Guidance Scheme must hold the appropriate SafeWork NSW accreditation and needs to be updated with correct dates (including alternate dates) and appropriate sign offs. Copies are to be provided to NSW Police and Council for their records

e. That organisers have approved and current public liability insurance of at least $20 million indemnifying Council, Police and TfNSW by name for the event

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

g. That letters be sent to landowners seeking written approval for the closure of private gates

h. That, as a prerequisite of road closures, the event organisers must notify all, local and interstate bus services along with local taxi services and other affected stakeholders of alternative routes including pick-up/drop-off points, including point to point transport

i. That the event achieves all conditions of Council’s issued Approval for Use of Public Land

j. That after the event, organisers are to clean up any rubbish or waste left behind

k. That a Road Occupancy Licence (ROL) is required as changed traffic conditions are proposed on the Princes Highway.

l. That the event operates strictly under the NSW Health Department COVID19 conditions.

Refer attached Bicycle NSW Bega Tathra Safe Ride 2022

Executive Summary

The Local Traffic Committee is primarily a technical review committee and is not a Committee of Council. Local Traffic Committees operate under delegation from Transport for NSW who are responsible for traffic control on all New South Wales roads. Their role is to advise Council on traffic control matters that relate to prescribed traffic control devices or traffic control facilities for which Council has delegated authority.

It is a requirement for Council to formally adopt the recommendations from this Committee prior to action being taken.

Background

The Wanderer Festival: 23 September – 26 September 2022

Council have received a submission from Lost Lands Pty Ltd for “The Wanderer Festival” event commencing on Friday 23 September to Monday 26 September 2022 to be held at the Pambula Sporting Complex.

The LTC is yet to receive copies of owner’s consent for the use of the access driveways to Lumen Christi Catholic College and from the NSW National Parks for permission to use the access driveway entrance at Sapphire Aquatic Centre.

Committee members raised concerns about allowing political intervention in the process of determination of an application on its merits when making recommendations to Council.

It was emphasised that the Local Traffic Committee is not a Committee of Council as defined by the Local Government Act 1993 but operates under delegation from Transport for NSW (TfNSW) who are responsible for traffic control on all New South Wales. The LTC considers the technical merit of a proposal and ensures that it complies with legislation, regulatory guidelines, and the Australian Road Rules. No action can be taken on matters discussed at the LTC until their recommendations have been adopted by Council.

For a major event such as this, all relevant approvals and information should be provided to the Committee in advance of the meeting to allow for proper scrutiny.

Quad Crown Sapphire Coast: 5 August – 7 August 2022

Council have received a submission from Quad Events Pty Ltd for the Quad Crown Sapphire Coast Mountain Bike Race event commencing on Saturday 5 August 2022 for two Tathra events and Sunday 6 August for a single event in and around Eden.

This is a new event involving a weekend mountain bike staged race.

· Stage 1 is Tathra North (including Mogareeka); Start and Finish at the Country Club. Stage begins with north loop around Mogareeka to break up riders then back into the whole of trail network at Tathra.

· Stage 2 is Tathra South (including Games Bay and White Rock); Start and Finish at the Country Club. Stage begins with loop around new development to break up riders and use trail network at Tathra out and back. Crossing of Tathra Road to be noted for traffic management. Use White Rock and Games Bay trails to create loop to south.

· Stage 3 is Eden; Start and Finish at the Eden Golf Club. Use of fire road and back trails and then the network of single trail currently at Eden for the finish.

Bicycle NSW Bega Tathra Safe Ride 2022: 18 September 2022

Council have received a submission from Bicycle NSW Bega Tathra Safe Ride 2022, which is a Community Ride on Sunday 18 September 2022 from 7:30am to 12:00pm (Alternative date – Sunday 9 October 2022).

The ride will be from Bega Cheese Heritage Centre to Tathra Hotel and will use Council roads along with existing sections of the Bega Cycle Path network recently constructed sections of the shared path between Tathra and Kalaru and will highlight the possibility of extending the cycleway to Bega

Options

That Council endorse the Officer recommendations.

Community and Stakeholder Engagement

Engagement undertaken

There has been no specific community and stakeholder engagement associated with this report however detailed engagement with community was undertaken to develop the Barclay Street Master Plan including briefings with the Access and Inclusion Advisory Committee.

Engagement planned

No further engagement is planned.

Financial and Resource Considerations

There are no Financial and Resource considerations associated with this report.

Legal /Policy

There are no Legal/Policy implications associated with this report.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Environment and Climate Change

There are minor environmental impacts as a result of event waste management and no Climate Change implications associated with this report.

Economic

There are a number of positive economic implications associated with this report through increased local consumption of goods and services from increased visitation.

Risk

There are minor timing risks associated with the submission of documentation by the event organisers and subsequent 3^rd party approval for the Wanderer Festival.

Social / Cultural

There are no Social/Cultural implications associated with this report.

Attachments

1 ⇩. Wanderer Festival Traffic Management Plan V8

2 ⇩. Quad Crown Event Final Application

3 ⇩. Bicycle NSW Bega Tathra Safe Ride 2022