Agenda of Extraordinary 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 Byron Bay (Browning St) to Suffolk Park (Clifford St) Cycleway Investigation

Directorate: Infrastructure Services

Report Author: Daniel Strzina, Project Engineer

File No: I2017/1562

Theme: Community Infrastructure

Local Roads and Drainage

Summary:

The purpose of this report is to provide to TIAC a draft report and presentation on investigation works currently being undertaken by Council’s consultant, PSA Consulting in relation to resolution 17-403 (Broken Head Road Cycleway - Browning Street to Clifford Street) for feedback and finalisation of the report.

RECOMMENDATION:

That the Committee considers the details within the draft Byron Bay (Browning St) to Suffolk Park (Clifford St) Cycleway Investigation report and presentation by PSA Consulting and provides feedback and recommendations to the consultant to assist report finalisation.

Attachments:

1 0734_PSA_BSC_Byron Bay to Suffolk Park Cycleway Investigation_DRAFT FINAL 20171026 V1 - Report, E2017/100865 , page 7⇩

2 0734_PSA_BSC_Byron Bay to Suffolk Park Cycleway Investigation_DRAFT FINAL 20171026 V1 - Appendix 1, E2017/100866 , page 50⇩

3 0734_PSA_BSC_Byron Bay to Suffolk Park Cycleway Investigation_DRAFT FINAL 20171026 V1 - Appendix 2, E2017/100867 , page 51⇩

4 0734_PSA_BSC_Byron Bay to Suffolk Park Cycleway Investigation_DRAFT FINAL 20171026 V1 - Appendix 3, E2017/100868 , page 52⇩

5 0734_PSA_BSC_Byron Bay to Suffolk Park Cycleway Investigation_DRAFT FINAL 20171026 V1 - Appendix 4, E2017/100869 , page 53⇩

6 0734_PSA_BSC_Byron Bay to Suffolk Park Cycleway Investigation_DRAFT FINAL 20171026 V1 - Appendix 5, E2017/100870 , page 54⇩

7 0734_PSA_BSC_Byron Bay to Suffolk Park Cycleway Investigation_DRAFT FINAL 20171026 V1 - Appendix 6s, E2017/100871 , page 57⇩

8 0734_PSA_BSC_Byron Bay to Suffolk Park Cycleway Investigation_DRAFT FINAL 20171026 V1 - Appendix 7, E2017/100872 , page 76⇩

Background:

25 May 2017: In NOM 9.2 - Byron Bay Cycleway Design and Implementation (File No: I2017/552), Council resolved to engage a cycleway expert to review the current state of on and off road cycleways between Browning St, Byron Bay and Clifford St, Suffolk Park, and to provide recommendations on cost effective options, as well as cost estimates and funding sources in a report to be provided to the TIAC. (Action Item: 17-201)

17 August 2017: Staff Report No. 4.3 - Broken Head Road Cycleway - Browning Street to Clifford Street (File No: I2017/1039) was provided to the TIAC who provided recommendations to Council that were resolved in Action Item 17-403 as follows:

17-403

Resolved that Council adopt the following Committee Recommendation(s):

Report No. 4.3 Broken Head Road Cycleway - Browning Street to Clifford Street

File No: I2017/1039

Committee Recommendation 4.3.1

1. That Council:

a) note the report on the Broken Head Road Cycleway – Browning Street to Clifford Street;

b) allocate the carried over 2016/17 budget for Broken Head Road Shared Cycleway to procure a report from a suitably qualified person to:

i) preview existing shared path and cycleways on Broken Head Road and Bangalow Road, between Clifford Street and Browning Street, Byron Bay;

ii) preview existing infrastructure against current standards and advise where upgrades may be required as part of the project;

iii) provide options including indicative costings which meet the Roads and Maritime Services (RMS) warrants and would likely receive RMS approval for filling the missing links along the shared path between Clifford Street and Browning Street, Byron Bay;

iv) identify which sections may be eligible for grant funding under the RMS Active Transport Grants Program; and

v) undertake critical analysis for any proposed works including swept path analysis and considerations for emergency services

2. That the Consultants report be reported to an Extraordinary Meeting of the Transport and Infrastructure Advisory Committee. (Hunter/Coorey)

15 September 2017: PSA Consulting was chosen as the favoured respondent to a Vendorpanel RFQ and engaged to undertake an investigation and report on findings and recommendations in a presentation to an extraordinary meeting of the TIAC (02 NOV 2017).

Report:

PSA Consulting are currently undertaking the Byron Bay (Browning St) to Suffolk Park (Clifford St) Cycleway Investigation and have produced a draft report to supplement their presentation with the intention of incorporating feedback from the TIAC into the final report.

Their report identifies and considers a number of options for increasing the level of service to cyclists along Bangalow Rd and Broken Head Rd, including high order preliminary cost estimates and cost/benefit analyses, as well as making recommendations based on suitability of each option with reference to user profiles and grant eligibility.

The report is draft in nature and for discussion purposes only as the investigation is still underway. Feedback is sought from TIAC in relation to the proposed recommended option and various treatment options available for report finalisation.

Presentation Agenda

1. Background to the Project

2. Existing Corridor

3. User Profile, Route Objectives and Grant Funding Applications

4. Options Development

a. Option 1 – Continuous bi-directional path

b. Option 2 – Low cost continuous mono-directional path

c. Option 3 – Centre running cycleway

d. Option 4 – Off-road continuous scenic route

5. Options Evaluation Criteria

6. Options Evaluation Results

a. Cost Comparison

b. Cost / Benefit Analysis

c. Preferred Option

7. Items to be refined for Preferred Options

a. Intersection treatments

b. Road crossing treatments

c. Road furniture impacted

d. Implementation and Staging

8. Next Steps

Financial Implications:

Financial implications are dependant on further reporting to Council and adoption of recommendations. There are no financial implications at this stage.

Statutory and Policy Compliance Implications

There are no Statutory and Policy Compliance Implications at this stage.

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 4.1 - Attachment 1

PDF Creator