BYRON SHIRE COUNCIL
Ordinary Meeting
EXCLUDED FROM THE
Ordinary Meeting AGENDA
OF 5 February 2015
13.3 Owner's Consent to Lodge DA - Telecommunications Facility on Council Land at Ocean Shores
Attachment 1... Proposal from Telstra................................................................................ 2
Sustainable Environment and Economy
13.6 PLANNING - Draft Planning Proposal for an amendment to the Byron LEP 2014 to rezone land and permit Community Title at Lot 1 DP 1031848, The Coast Road, Broken Head (The Linnaeus Estate)
Attachment 1... Planning Proposal Linneaus Estate......................................................... 31
Infrastructure Services
13.9 South Byron Sewage Treatment Plant Decommissioning
Attachment 1... South Byron STP - Feasibility Assessment Report - Financial - HTW Nov 2014 71
13.11 Tallow Creek Flood Mapping Update
Attachment 1... Tallow Creek Flood Modelling for LEP 2014 Letter Report of resutls from Jacobs............................................................................................................... 131
Infrastructure Services
14.1 Report of the Community Infrastructure Advisory Committee Meeting held on 4 December 2014
Attachment 2... Agenda CIAC Meeting 04/12/14............................................................ 151
BYRON SHIRE COUNCIL
Reports of Committees - Infrastructure Services 14.1 - Attachment 2
Community Infrastructure
ADVISORY COMMITTEE MEETING
A Community Infrastructure Advisory Committee Meeting of Byron Shire Council will be held as follows:
Venue |
Conference Room, Station Street, Mullumbimby |
Date |
Thursday, 4 December 2014 |
Time |
11.00 am |
Ken Gainger
General Manager #E2014/78730
Distributed 27/11/14
CONFLICT OF INTERESTS
What is a “Conflict of Interests” - A conflict of interests can be of two types:
Pecuniary - an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person or another person with whom the person is associated.
Non-pecuniary – a private or personal interest that a Council official has that does not amount to a pecuniary interest as defined in the Local Government Act (eg. A friendship, membership of an association, society or trade union or involvement or interest in an activity and may include an interest of a financial nature).
Remoteness – a person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to a matter or if the interest is of a kind specified in Section 448 of the Local Government Act.
Who has a Pecuniary Interest? - a person has a pecuniary interest in a matter if the pecuniary interest is the interest of the person, or another person with whom the person is associated (see below).
Relatives, Partners - a person is taken to have a pecuniary interest in a matter if:
§ The person’s spouse or de facto partner or a relative of the person has a pecuniary interest in the matter, or
§ The person, or a nominee, partners or employer of the person, is a member of a company or other body that has a pecuniary interest in the matter.
N.B. “Relative”, in relation to a person means any of the following:
(a) the parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descends or adopted child of the person or of the person’s spouse;
(b) the spouse or de facto partners of the person or of a person referred to in paragraph (a)
No Interest in the Matter - however, a person is not taken to have a pecuniary interest in a matter:
§ If the person is unaware of the relevant pecuniary interest of the spouse, de facto partner, relative or company or other body, or
§ Just because the person is a member of, or is employed by, the Council.
§ Just because the person is a member of, or a delegate of the Council to, a company or other body that has a pecuniary interest in the matter provided that the person has no beneficial interest in any shares of the company or body.
Disclosure and participation in meetings
§ A Councillor or a member of a Council Committee who has a pecuniary interest in any matter with which the Council is concerned and who is present at a meeting of the Council or Committee at which the matter is being considered must disclose the nature of the interest to the meeting as soon as practicable.
§ The Councillor or member must not be present at, or in sight of, the meeting of the Council or Committee:
(a) at any time during which the matter is being considered or discussed by the Council or Committee, or
(b) at any time during which the Council or Committee is voting on any question in relation to the matter.
No Knowledge - a person does not breach this Clause if the person did not know and could not reasonably be expected to have known that the matter under consideration at the meeting was a matter in which he or she had a pecuniary interest.
Participation in Meetings Despite Pecuniary Interest (S 452 Act)
A Councillor is not prevented from taking part in the consideration or discussion of, or from voting on, any of the matters/questions detailed in Section 452 of the Local Government Act.
Non-pecuniary Interests - Must be disclosed in meetings.
There are a broad range of options available for managing conflicts & the option chosen will depend on an assessment of the circumstances of the matter, the nature of the interest and the significance of the issue being dealt with. Non-pecuniary conflicts of interests must be dealt with in at least one of the following ways:
§ It may be appropriate that no action be taken where the potential for conflict is minimal. However, Councillors should consider providing an explanation of why they consider a conflict does not exist.
§ Limit involvement if practical (eg. Participate in discussion but not in decision making or vice-versa). Care needs to be taken when exercising this option.
§ Remove the source of the conflict (eg. Relinquishing or divesting the personal interest that creates the conflict)
§ Have no involvement by absenting yourself from and not taking part in any debate or voting on the issue as if the provisions in S451 of the Local Government Act apply (particularly if you have a significant non-pecuniary interest)
RECORDING OF VOTING ON PLANNING MATTERS
Clause 375A of the Local Government Act 1993 – Recording of voting on planning matters
(1) In this section, planning decision means a decision made in the exercise of a function of a council under the Environmental Planning and Assessment Act 1979:
(a) including a decision relating to a development application, an environmental planning instrument, a development control plan or a development contribution plan under that Act, but
(b) not including the making of an order under Division 2A of Part 6 of that Act.
(2) The general manager is required to keep a register containing, for each planning decision made at a meeting of the council or a council committee, the names of the councillors who supported the decision and the names of any councillors who opposed (or are taken to have opposed) the decision.
(3) For the purpose of maintaining the register, a division is required to be called whenever a motion for a planning decision is put at a meeting of the council or a council committee.
(4) Each decision recorded in the register is to be described in the register or identified in a manner that enables the description to be obtained from another publicly available document, and is to include the information required by the regulations.
(5) This section extends to a meeting that is closed to the public.
BYRON SHIRE COUNCIL
Reports of Committees - Infrastructure Services 14.1 - Attachment 2
BUSINESS OF MEETING
1. APOLOGIES
2. DECLARATIONS OF INTEREST – PECUNIARY AND NON-PECUNIARY
3. ADOPTION OF MINUTES FROM PREVIOUS MEETINGS
3.1 Minutes from the 6 June 2014 meeting (E2014/36358)
4. REPORTS BY DIRECTORATE
4.1 Landslips – Update Report……………………………………………………………………2
4.2 Infrastructure Services
Risk Management Procedures Part 1Roads
Footpaths and
Drainage……………………………………………………………………….7
5. BUSINESS ARISING FROM PREVIOUS MINUTES
5.1 Draft Asset Management Policy
REPORTS
Report No. 4.1. |
Landslips – Update Report |
Report Author: Tony Nash, Manager Works
File No: #E2014/76732
|
Community Infrastructure, Local Roads and Drainage |
|
This report provides a summary of the status of the landslip sites across the Shire.
|
That the Community Infrastructure Advisory Committee note the information provided in this report.
Report
This report provides a brief outline of the status of the slip sites across the Shire, as detailed in the table below.
Additional resources have been obtained with funding through the disaster relief fund to assist Council in the design and tender stages. Generally Ardill Payne will continue to manage the projects for the completion of the designs, environmental and project approval and through to award of tender by Council, with GHD to manage the construction contracts of the permanent restoration works. The only exception was Laverty’s Gap landslip, where Ardill Payne managed the construction contract of the permanent restoration work.
The information in the following table is from Council’s website, which was last updated on 7 November 2014.
Slip Site |
Managed by |
Timeframe |
Status |
Wilsons Creek at School |
GHD |
Complete |
ARK Constructions was awarded Practical Completion on 24 October and have now demobilised from site. The final contract sum will be approximately $2.415 million exc GST. Temporary traffic control arrangements for the school bus finished on 31 October and normal traffic conditions will now apply.
Repair Methods Micropile anchored wall, soil nail anchors to stabilise the road in preparation for the repair of the road pavement and refurbishment of the stormwater drainage system.
Where Next The project has reached practical completion and has now entered a 12 month defects liability period. All minor defects works have been completed.
|
Upper Coopers Creek |
GHD |
Completion mid December 14 |
The construction contract has been awarded to Mainland Civil for approximately $2.6 million exc GST. Construction works commenced on 24 February 2014. Rain delays and additional work scope items have increased the forecasted completion date to mid December 2014.
Soil nail and shotcrete activities have been completed on the downslope and the Northern upslope areas. Minor works associated with the installation of some stormwater drainage and hydromulch to re-establish vegetation on the exposed faces is still to be completed. Drilling and shotcrete operations on the Southern upslope is well advanced. Road edge kerbing has commenced.
The 5 tonne load limit has been lifted, as the downslope soil nailing and shotcrete is structurally complete.
Please note that additional works scope items have resulted in the modification of the temporary earthworks bench for the Southern upslope area, which has necessitated longer than anticipated delays to facilitate the use of larger machinery. Works on this slope are progressing well and are anticipated to be completed by early November. Repair Methods Combination of soil nails and shotcrete stabilisation in preparation for the repair of the road pavement and refurbishment of the stormwater drainage system.
Where next Completion of tidy up works to the lower sections of the downslope repair area including stormwater provisions and revegetation. Completion of production soil nailing to the lower portion of the Southern upslope works area and shotcrete facing (weather permitting). Additional works scope items have necessitated the requirement to modify the temporary earthworks bench and some earthworks will be undertaken over the next two weeks.
|
Federal Drive |
GHD |
Completed |
Pancivil was awarded Practical Completion on 17 April. Some minor defects were attended to during the last two weeks. The final contract sum will be approximately $322,000 exc GST.
Repair Methods Soil nailing and shotcrete stabilisation in preparation for the repair of the road pavement and refurbishment of the stormwater drainage system.
Where next The project has reached practical completion and has now entered a 12 month defects liability period. All minor defects works have been completed.
|
Possum Shoot (lower) |
Ardill Payne |
Tenders June – July 2014 |
The tender was awarded to Doval Constructions (QLD Pty Ltd) on 22 September 2014 for approximately $1.13 million (exc GST). Possession of site was awarded for establishment of the site on 20 November. Rectification works will commence on 3 November 2014 and be completed towards the end of March 2015
Repair Methods Gravity retaining wall with gabion facing.
Where next Clearance of the existing trees in the repair area, demolition of the existing roadway infrastructure and excavation of the failed area of embankment in preparation for reinstatement. From 4 Nov access through the site limited to construction traffic only. Access for local residents will be maintained until the repair works on Possum Shoot Upper is completed. It is anticipated that from 11 November local traffic will then be switched via the top end of Possum Shoot Road past the newly completed repair works.
|
Possum Shoot Upper |
Ardill Payne |
Tenders June – July 2014 |
The construction contract was awarded to Specialised Geo Pty Ltd on 11 August for approximately $370,600 Ex GST. Works commenced on 20 September and are anticipated to be completed by early November. Spraying of the shotcrete facing has been completed and the pavement reinstatement works have commenced.
Repair Methods Soil nailing and shotcrete.
Where next Completion of pavement restoration and drainage works. Site clean and demobilisation from site.
|
Wanganui Road South and Middle
|
Ardill Payne |
Tenders June -July - 2014 |
Tenders for the repairs works closed on 30 October (joint tender package including Wanganui Road South, Main and Huonbrook Landslip Projects).
Repair Methods Soil nailing and shotcrete for both landslips.
Where next Completion of tender assessment and report tender recommendations to Council. Following a successful tender being awarded, construction is likely to be commenced in early January 2015.
|
Wanganui Road - North
|
Ardill Payne |
Ongoing |
Detailed design and ecological assessment has been completed. Options Report completed. Bore holes completed. A consultant has been engaged to continue monitoring as recommended.
Repair Methods Drainage works and monitor.
Where next Site currently being monitored in accordance with Geotechnical Consultant's recommendation. Current monitoring will further inform the detailed design. Detailed design and environmental studies on preferred option to be completed. Tender documentation to be completed and advertised. Following a successful tender being awarded, construction commencement date subject to outcome of monitoring program and design requirements.
|
Wilsons Creek Road - Laverty's Gap |
Ardill Payne |
Complete |
These works have reached Practical Completion and are currently in a 12 month defects liability period.
Repair Methods Soil nailing and shotcrete.
Where next Monitoring of works scope during the defects liability period.
|
Upper Wilsons Creek Road – end of road
|
Ardill Payne |
Construction September - October 2014 |
Detailed design, specifications and environmental studies have been completed. A Review of Environmental Factors (REF) has been prepared. Tender documentation preparation is currently being prepared.
Repair Methods Down slope anchored pile wall.
Where next Advertise tenders, finalise funding arrangements, assess and report tender recommendations to Council. Following a successful tender being awarded, construction is likely to be commenced in late February 2015.
|
Huonbrook Road |
Ardill Payne |
Tenders June -July - 2014 |
Tenders for the repairs works closed on 30 October (joint tender package including Wanganui Road South, Main and Huonbrook Landslip Projects)
Repair Methods Soil nailing and shotcrete.
Where next Completion of tender assessment and report tender recommendations to Council. Following a successful tender being awarded, construction is likely to be commenced in early January 2015.
|
All projects are fully funded by natural disaster funds and a Council budget allocation has been provided for non disaster funded works for road infrastructure necessary to complete the project.
Statutory and Policy Compliance Implications[m5]
Local Government (General) Regulation 2005 - Reg 178 will apply to the acceptance of tenders.
Report No. 4.2. |
Infrastructure Services Risk Management Procedures Part 1 – Roads Footpaths and Drainage |
Report Author: Kristian Penrose, Works Engineer
File No: #E2014/74153
|
Community Infrastructure, Local Roads and Drainage |
|
This report is to provide Part 1 of the Infrastructure Services Risk Management Procedures to the CIAC for their consideration.
This document is intended to form an interim Risk Management Procedure (RMP) for Roads, Drainage and Footpaths which will supersede these sections in Council’s current and Risk Management Procedure (DM329546).
This is Part 1 of a staged approach to updating the Risk Management Procedures.
|
That the Community Infrastructure Advisory Committee recommend to Council that Council note the Infrastructure Services Risk Management Procedures Part 1 Roads, Footpath and Drainage, including:
a) The
ability for Council to meet future service level obligations as identified
within the
Infrastructure Services Risk Management Procedure will be constrained by
future
budgets, which may result in the need for a further report to Council to address:
i) reducing the level of service of programmed maintenance in order to undertake high and urgent risk priorities or;
ii) adjusting the risk rating formula so less defects are included in the high and urgent priority, and response times are increased or;
iii) increasing the future Local Roads and Drainage budget to permit Council to continue with the current Service Level program and address defects in the recommended time frame
b) That the Infrastructure Services Risk Management Procedure is being undertaken in a staged approach, with each implementation stage to be reported to the Community Infrastructure Advisory Committee for endorsement.
Attachments:
·... Draft Infrastructure Services Risk Management Procedures Part 1 Roads, Footpaths and Drainage E2014/62240 [42 pages]...................................................................................................................................... Annexure 1(a)
· Asset Management Risk Management Procedures DM329546 [50 pages].......................... Annexure 1(b)
· Statewide Mutual Best Practice Manual Roads V5 Aug 2012 E2014/74488 [28 pages]......... Annexure 1(c)
· Statewide Best Practice Manual Footpaths V4 2010 E2013/73846 [18 pages]..................... Annexure 1(d)
Report
An internal audit was undertaken in October 2013 by Grant Thornton on Byron Shire Councils’ Asset Management and in particular, the treatment of key infrastructure of Roads, Drainage and Building.
From the internal audit, it was found that Council’s Roads and Drainage Maintenance Plans are reactive in nature and based on a variety of different sources, including the Customer Request Management (CRM) system, inspection sheets in Excel and various other programs. There is no formal prioritisation matrix used to determine the order of addressing defects.
The internal audit highlighted that the Asset Risk Management Procedures at that time had been in a draft format since September 2011 and had not been applied in practice for the majority of asset classes, with the exception of footpaths.
It was recommended that Asset Risk Management procedures should be adopted by Council and implemented across all asset classes to ensure consistency of inspection, evaluation and maintenance classes.
Council staff have begun the implementation phase of a software system to accurately record defects and support existing maintenance service levels and risk management through the ‘Reflect’ software, provided by Asset Edge.
The Reflect software can be used for the recording, planning and analysis of maintenance activities for any class of asset. This software is currently being trialled by the Better Byron Crew for the Byron Bay town centre for accomplishment only, before a full roll out to the Roads and Parks Maintenance crews in a two staged implementation process.
The Draft Infrastructure Services Risk Management Procedure Part 1 (RMP) is intended to form an interim Risk Management Procedure for Roads, Drainage and Footpaths, which will supersede these sections in Council’s current Risk Management Procedure (DM329546).
This document is Part 1 of a staged approach to updating the Risk Management Procedures.
The remainder of the Risk Management Procedures will be rolled out once the restructure of Infrastructure Services is complete and relevant tasks are allocated to positions.
Once the restructure is formalised, the staged approach will encompass the following:
· Road signs and guideposts
· Street lighting
· Beach accesses
· Roadside slashing
· Bridges
· Boat ramps
· Parks and gardens
· Skate parks
· Bush fire risk areas
Roads and Carparks
Resources to Effect Repair or Make Safe Potholes on Sealed Roads
The proposed RMP provides a response time to repair defects based on a risk rating. The risk rating will coincide with a priority. Works will be programmed in accordance with their priority.
If response times are not being met, or it becomes apparent budget will be exceeded, a report to management and / or Council will be required to resolve the following options:
1. increase the duration for response times in Table 1.6 in the RMP
2. increase the budget for pothole patching
3. reduce the Hazard Severity Category or the values in the description of Hazard Category in Table 1.5 in the RMP
4. adjust road risk rating formula so fewer defects are included in the high and urgent priority (Section 1.4 in the RMP)
5. increase the value of the risk rating associated with high and urgent priorities as specified within in Table 1.6 of the RMP
Resources to Effect Repair or Make Safe Shoving or Rutting on Sealed Roads
In most instances, a heavy patch is required to effect a repair to a pavement that has shoved (deformation of the pavement surface), or has rutted (depressions or grooves worn into the road).
The proposed RMP provides a response time to repair defects based on a risk rating. The risk rating will coincide with a priority. Works will be programmed in accordance with their priority.
If response times are not being met, or it becomes apparent budget will be exceeded, a report to management and / or Council will be required to resolve the following options:
1. increase the duration for response times in Table 1.6 in the RMP
2. increase budget for heavy patching
3. reduce the Hazard Severity Category or the values in the description of Hazard Category in Table 1.5 in the RMP
4. adjust road risk rating formula so fewer defects are included in the high and urgent priority. (Section 1.4 in the RMP)
5. increase the value of the risk rating associated with high and urgent priorities as specified within in Table 1.6 of the RMP
Drainage
Resources to Effect Repair and Conduct Programmed Maintenance
Works will be conducted as per the required response times in order of risk rating. If response times are not being met, or it becomes apparent budget will be exceeded, a report to management and / or Council will be required to resolve the following options:
1. increase the duration for response times in Table 2.4 in the RMP
2. increase budget for drainage maintenance
3. reduce the Hazard Severity Category or the values in the description of Hazard Category in Table 2.2 in the RMP.
4. adjust road risk rating formula so less defects are included in the high and urgent priority
5. increase the value of the risk rating associated with high and urgent priorities in Table 2.4 in the RMP
Footpaths and Cycleways
Works will be conducted as per the required response times in order of risk rating. If response times are not being met, or it becomes apparent budget will be exceeded, a report to management and / or Council will be required to resolve the following options:
1. increase the duration for response times in Table 3.3 in the RMP
2. increase budget for footpath maintenance
3. reduce the Integer Ranking or the values in the Verbal Rating in Table 3.2 in the RMP
4. adjust road risk rating formula so less defects are included in the high and urgent priority
5. increase the value of the risk rating associated with high and urgent priorities in Table 3.3 in the RMP
The financial implications are detailed in the body of this report.
Statutory and Policy Compliance Implications
There are no negative implications proposed in this report.
[m2]Provide a brief outline of contents of report. What is this report about? Eg. 1 – 3 paragraphs
[m3]Insert recommended resolution.
What result do you want from the report? (That Council adopt the xxx Policy for exhibition; That Council note the report)
[m4]Detail all potential finance issues including expenses, funding sources, capital, recurrent & any staff resources.
Q. What are the costs of options to Council, and where would the funds come from?
[m5]Detail compliance with statutory requirements & all relevance to Council policies. Q. What legislation is relevant and how?
[m7]Provide a brief outline of contents of report. What is this report about? Eg. 1 – 3 paragraphs
[m8]Insert recommended resolution.
What result do you want from the report? (That Council adopt the xxx Policy for exhibition; That Council note the report)
[m9]Detail all potential finance issues including expenses, funding sources, capital, recurrent & any staff resources.
Q. What are the costs of options to Council, and where would the funds come from?