Agenda of Extraordinary Transport and Infrastructure Advisory Committee Meeting

Notice of Meeting

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Extraordinary Transport and Infrastructure Advisory Committee Meeting

An Extraordinary Transport and Infrastructure Advisory Committee Meeting of Byron Shire Council will be held as follows:

Venue	Council Chamber, Station Street, Mullumbimby
Date	Tuesday, 13 February 2018
Time	11.30am

Phil Holloway

Director Infrastructure Services I2018/179

Distributed 06/02/18

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 Transport Asset Management Plan Draft Communication Strategy

Directorate: Infrastructure Services

Report Author: Blyth Short, Asset Management Coordinator

File No: I2018/75

Theme: Community Infrastructure

Asset Management

Summary:

The Transport Asset Management Plan (TAMP) draft communication strategy has been prepared Attachment 1 (E2017/109201).

The 28 day public exhibition period is planned for April 2018.

RECOMMENDATION:

That the draft Communication Strategy for Transport Asset Management Plan (TAMP) is noted.

Attachments:

1 Draft Transport Asset Management Plan Draft Communication Strategy, E2018/9492 , page 6⇩

Report

The draft communication strategy has been prepared (E2017/109201) in readiness for the potential public exhibition period of April 2018.

The objectives of the communication strategy are to:

1. Inform the broad community of the TAMP and communicate via a wide variety of existing communication preferences.

2. Consult the community about customer levels of service and explain:

· what transport facilities and levels of service that the council provides

· the current condition of these services and facilities

· the cost associated to maintain them into the future

· any challenges facing the council in providing these services

3. Involve the Transport and Traffic Advisory Committee to obtain specific feedback around Customer Levels of Service tables.

These objectives are in accordance with the NSW Office of Local Government.

The communication plan is to include:

· Emails to specific parties e.g. Staff, Bus companies and taxies

· Web site notice

· Public notice advert

· Advertisements in Byron Shire Echo and Byron Shire News

· E-news general

· Media release

· Council report

· Social media

· Survey – online to further investigate transport customer levels of service

· Display boards in foyer and staff notice boards

· Project Reference Group – Transport and Traffic Advisory Committee (TIAC)

· One-on-one briefing – TIAC stakeholder

Financial Implications

The TAMP is a key planning document supporting asset management which promotes a sustainable basis for the ongoing delivery of services.

Statutory and Policy Compliance Implications

The TAMP has been developed in accordance with template provisions in the International Infrastructure management Manual whish is the key asset management guidance document for council.

Attachment 1 Draft Communication Strategy Transport Asset Management Plan (E2017/109201)

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 4.2

Report No. 4.2 Byron Bay (Browning St) to Suffolk Park (Clifford St) Cycleway Investigation

Directorate: Infrastructure Services

Report Author: Daniel Strzina, Project Engineer

File No: I2018/173

Theme: Community Infrastructure

Local Roads and Drainage

Summary:

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

COMMITTEE RECOMMENDATION:

1. That the Committee review the details within Byron Bay (Browning St) to Suffolk Park (Clifford St) Cycleway Investigation presentation (Attachment 1; E2018/9404) by PSA Consulting and provide final feedback to the consultant at the meeting to assist report finalisation.

2. That the draft final preferred concept design drawings (Attachments 2-5: E2018/9393, E2018/9399, E2018/9400, E2018/9402) and draft final report be finalised by PSA Consulting for reporting to the 13 March ordinary TIAC meeting, with the intention of further recommending to Council to adopt the recommendations within the final report and place the final report and proposed concept design drawings on public exhibition.

Attachments:

1 PDF of E2018 9404 0734_PSA_BSC_Byron Bay to Suffolk Park Cycleway Investigation_Presentation2, E2018/9483 , page 15 ⇩

2 0734_PSA_BSC_Byron Bay Cycleway_Preferred Option Concept Design - Northern_180206 v3s, E2018/9393 , page 57⇩

3 0734_PSA_BSC_Byron Bay Cycleway_Preferred Option Concept Design - Central_180206 v3s, E2018/9399 , page 62⇩

4 0734_PSA_BSC_Byron Bay Cycleway_Preferred Option Concept Design - Southern_180206 v3s, E2018/9400 , page 69⇩

5 0734_PSA_BSC_Byron Bay Cycleway_Preferred Option Concept Design - Cross-sections_180206 v3, E2018/9402 , page 72⇩

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:

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 November 2017).

02 November 2017: PSA Consulting presented the findings of their investigation with four route options to TIAC. TIAC indicated their support for Option 1 in the Central and South sections of the route, and requested that further investigation of northern section be undertaken, along with a site visit to discuss potential options. PSA Consulting undertook further investigation and Council conducted a parking utilization assessment.

06 December 2017: TIAC and PSA Consulting undertook a site walkover of northern section and agreed that upon further investigation, the most suitable option for the northern section was one that incorporated unidirectional on-road cycle lanes on either side of the road, requiring removal of parking from the western side of the road and realignment of the road centerline. PSA Consulting then finalised the preferred option concept design for the entire corridor and present this to an Extraordinary meeting of TIAC on 13 February 2018 for final feedback, conclusion of the investigation and finalisation of the report.

Report

PSA Consulting are in the process of concluding the Byron Bay (Browning St) to Suffolk Park (Clifford St) Cycleway Investigation and have produced a preferred concept design based on the findings of their investigation and feedback from previous extraordinary TIAC meetings.

The presentation to TIAC will summarise their investigation and present the preferred concept design for the route. The purpose of this extraordinary meeting is to give Committee members an opportunity to provide final feedback to PSA Consulting prior to conclusion of the investigation and completion of the final report.

The desired outcome for this extraordinary meeting is for committee members to provide comments so that the draft final preferred concept designs and draft final report can be finalised by PSA Consulting for reporting to the 13 March ordinary TIAC meeting.

The final report will then be submitted to TIAC at the next ordinary meeting (13 March 2018), with the intention that TIAC make a recommendation to Council to adopt the recommendations within the final report and place the final report and proposed concept design on public exhibition.

Presentation Agenda

1. Project Summary

2. User Profiles

3. Route Objectives

4. Parking Utilisation Assessment

5. Preferred Option Concept Design

6. Preferred Option Summary

7. Implementation and Staging

8. Strava Heat Maps

9. Next Steps

Financial Implications

Financial implications are dependent 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 4.2 - Attachment 1

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