Agenda of Transport and Infrastructure Advisory Committee Meeting

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

Staff Reports - Infrastructure Services 4.1

Staff Reports - Infrastructure Services

Report No. 4.1 Status Report for the 2016/17 Local Roads Capital Works Program

Directorate: Infrastructure Services

Report Author: Tony Nash, Manager Works

File No: I2016/1207

Theme: Community Infrastructure

Local Roads and Drainage

Summary:

This report provides a summary of the status of the implementation of the overall 2016/17 Local Roads Capital Works Program and its individual projects.

RECOMMENDATION:

That Council notes the actions taken to implement the 2016/17 Local Roads Capital Works Program.

Attachments:

1 2016_17 Local Roads Capital Works Program as at 21 November 2016, E2016/101636 , page 7

Report

The attached Gantt chart details the 2016/17 Local Roads Capital Works Program sorted by work type and then supervisor as at 21 November 2016.

At this stage, the road works proposed to be undertaken by contract and not Council staff include:

· bitumen reseal works

· concrete roundabout at Lawson/Massinger Street, Byron Bay

· Ewingsdale Road / Sunrise Boulevarde roundabout

· Marine Parade road pavement renewal – Stage 1, 2 & 3

· Lawson St Sth carpark (proposed TfNSW contractor)

Other projects may be added to this list depending upon the scope, extent of and type of work of the individual projects and the progress of Council staff and subcontractors in delivering their nominated projects.

It should be noted that Council holds formal periodic contracts for:

1. bitumen resealing

2. asphalt works, including wearing surface and deep lift AC pavement layers

3. supply of quarry products

4. supply of ready mix concrete

5. plant and equipment hire

6. truck hire

7. traffic control services

These periodic contracts will be used on individual projects in conjunction with Council staff in the overall delivery of the 2016/17 local roads capital works program.

There are also a number of projects where funding has been provided in 2016/17 to allow for project investigation, survey, design, ecological assessment, review of environmental factors, cost estimates, etc to be completed in advance of actual works in 2017/18 or a later financial year.

Projects completed to date throughout 2016/17

· Coolamon Scenic Dr Safer Roads Project.

· Broken Head Rd, south of Clifford St

· Broken Head Rd – near House 763

· Tweed Valley Way / Brunswick Valley Way roundabout

· Massinger St pavement renewal & stormwater drainage

· Lighthouse Rd & Lawson St pavement renewal

· Myocum Road near Barlow’s Diary

· Reseal Program preparation works – shoulder grading & AC heavy patching

· Ruskin Lane, Byron Bay

· Bangalow Weir hard rock works

· Bangalow Weir community planting day

· Beach Ave SGB infiltration pits

· Myocum Rd west of Ewingsdale Road highway interchange

· Reseal Program preparation works – gravel heavy patching

· Reseal works – visit 1

· Marine Parade, Wategos - stage 1 & 2 – pavement renewal

Works currently in Progress:

· Lawson St / Massinger St roundabout – contract works

· Beach Ave SGB road pavement renewal

· Marine Parade, Wategos - stage 3 – pavement renewal and shared zone

Works to be commenced in December 2016

· Replacement of damaged footpaths

· Replacement of damaged K&G

· Tyagarah Road blackspot upgrade

· Peter St SGB stormwater drainage improvements

· Robin St SGB stormwater drainage improvements

Consultation:

There has been consultation within the Works Team for the preparation of this report; implementation of the 2016/17 Local Roads Capital Works Program and the individual projects at our weekly meetings; periodic preconstruction meetings; and one off site and office meetings on individual projects. This will continue throughout 2016/17.

Status reports of the delivery of the 2016/17 Local Roads Capital Works Program will be provided to each meeting of the Transport and Infrastructure Advisory Committee during this FY.

Financial Implications

All projects are fully funded by Council for delivery in 2016/17.

Statutory and Policy Compliance Implications

There are no negative impacts proposed in this report.

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 4.2

Report No. 4.2 Draft Strategic Asset Management Plan

Directorate: Infrastructure Services

Report Author: Phil Warner, Manager Assets and Major Projects

File No: I2016/1248

Theme: Community Infrastructure

Asset Management

Summary:

The purpose of this report is to provide background information to a presentation to the Committee on the Draft Strategic Asset Management Plan (SAMP).

RECOMMENDATION:

That the Committee supports the proposed public exhibition of the Draft Strategic Asset Management Plan

Report

The purpose of this report is to background a presentation to the Committee on the Draft Strategic Asset Management Plan (SAMP).

The SAMP will be formally presented to Council on 15 December 2016 as one of a number of key documents supporting Council’s consideration of notifying IPART of the intention to apply for a Special Rate Variation. The other key documents include the Long Term Financial Management Plan, Revised Delivery Plan and a Community Consultation Representations Report.

The purpose of the SAMP is to describe how Council will meet its commitment to asset management as documented in the Asset Management Policy.

The SAMP pertains only to general fund assets because water and sewerage assets are covered in separate Strategic Business Plans developed under the guidelines provided by the NSW Best Practice Management of Water Supply and Sewerage framework.

The SAMP has been developed in line with Council’s Fit For the Future report submitted to the Independent Pricing and Regulatory Tribunal (IPART) on the 30^th June 2015. The SAMP contains two (2) scenarios as outlined below.

Scenario 1 represents council’s current funded position with respect to the management of physical assets. Scenario 1 compares council’s average annual asset consumption, accumulated high risk assets (renewal Backlog) and additional operations and maintenance to control high risk assets against council’s Long term Financial Plan. This scenario is not financially sustainable in the long term. Scenario 1 expected outcomes are:

Under Scenario 1 the condition of assets will continue to “Significantly decline and fail” as detailed in the community consultation phase for the Special Rate Variation 2016.

Scenario 2 considers the accumulated consequences of additional revenue to address council’s unfunded high risk assets (renewal Backlog) including the additional operations and maintenance to manage these risks. Scenario 2 has been developed based on Council’s fit for the future application and includes additional revenues from a number of sources including:

· Paid Parking

· Land Sales

· Efficiency Savings

· Special Rate variation options

Scenario 2 seeks to address the long term sustainability of Council and achieve the required NSW Fit For the Future infrastructure investment measures. The main focus of the expenditure of the additional revenue associated with Scenario 2 is on the renewal of backlog roads and bridges.

The expected outcomes are:

Under Scenario 2, Council will be able to stop the increasing rate of asset deterioration and “Maintain” the condition of our community assets in a sustainable manner as detailed in the community consultation phase for the Special Rate Variation 2016.

Scenario 1 is a reflection of the actual funding available. The difference between Scenario 1 and Scenario 2 represents “what needs to be done”. The ongoing discussion about this “gap” will lead us into a much better informed community discussion about what are achievable and acceptable service levels, as well as giving a focus on managing risk.

The key actions associated with implementing the SAMP include:

· Engagement and consultation with the community on the need for increased revenue associated with Scenario 2 of Council’s (Fit For the Future) Improvement Plan.

· Continue to engage with our community on service levels, risk management and renewal of assets in order to set priorities and allocate resources.

· Improving asset knowledge so that data accurately records the asset inventory, how assets are performing and when assets are not able to provide the required service levels.

· Improving our efficiency in operating, maintaining, renewing and replacing existing assets to optimise life cycle costs.

· Identifying and managing risks associated with providing services from assets.

· Making trade-offs between service levels and costs to ensure that the community receives the best return from assets.

· Identifying assets surplus to needs for disposal to make savings in future operations and maintenance costs e.g. secondary laneway access to private properties.

· Developing partnerships with other bodies to provide services.

· Seeking additional funding from governments and other bodies to better reflect a ‘whole of government’ funding approach to asset intensive services.

· Carefully evaluate the long term affordability of new assets to include whole of life costs before construction to ensure maintenance and capital renewal funding is available in the future budgets.

Financial Implications

The SAMP supports the outcomes of community consultation that the perceived deterioration of our assets, particularly the transport infrastructure such as roads and bridges, must be addressed through increased investment.

Under Scenario 2 the additional revenues will allow council to gradually address the existing renewal backlog and achieve a balanced position by 2027 where required asset renewals can sustainably be delivered.

Statutory and Policy Compliance Implications

The SAMP takes the organisational outcomes in our Community Strategic Plan, and develops the asset management objectives, principles, framework and strategies required to achieve our organisational outcomes.

The SAMP summarises activities and expenditure projections to achieve the overall asset management objectives.

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 4.3

Report No. 4.3 Asset Management Modelling

Directorate: Infrastructure Services

Report Author: Phil Warner, Manager Assets and Major Projects

File No: I2016/1253

Theme: Community Infrastructure

Asset Management

Summary:

The purpose of this report is to provide background for a presentation to the Committee on asset management modelling using the software MyPredictor.

RECOMMENDATION:

That the Committee is informed regarding the use of asset management modelling software

Report

The purpose of this report is to provide background for a presentation to the Committee on asset management modelling using the software MyPredictor.

Council has worked with consultants Assetic to develop the capacity and capability to utilize asset management modelling software – My Predictor.

Asset management modelling software allows the synthesis of multiple sources of data in the process of predicting rates of asset condition deterioration. The software also allows the prediction of the optimal time for remedial intervention such as road reseals.

Asset management modelling is particularly useful for the analysis of a network such as Council’s 600kms of roads. The software enables informed decision making around investment priorities and the trade offs between levels of service, cost and risk.

Data inputs for Bridges, Sealed Roads, Unsealed Roads, and Footpaths have now all been completed and models produced.

Utilizing My Predictor has made it possible to leverage the work done for the 2015 revaluation of the transport infrastructure and provide a sound basis for the forward capital investment program. Predictive modelling based on data such as rutting, roughness and texture has been field tested to increase the rigour associated with the investment program. The digital solutions, Reflect™ and ArcGIS Collector™ proved extremely efficient for the required field operations.

Financial Implications

Asset management modelling facilitates targeted infrastructure investment using optimal intervention techniques.

Statutory and Policy Compliance Implications

Asset management modelling supports decision making associated infrastructure governance in accordance with the adopted Asset Management Policy.

Venue	Conference Room, Station Street, Mullumbimby
Date	Thursday, 1 December 2016
Time	9.00am