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	Conference Room, Station Street, Mullumbimby
Date	Friday, 17 May 2019
Time	11:30am

Phillip Holloway

Director Infrastructure Services I2019/732

Distributed 10/05/19

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 Integrated Transport Management Strategy - Draft RFQ Review

Directorate: Infrastructure Services

Report Author: Daniel Strzina, Project Engineer

File No: I2019/706

Summary:

This report presents a Draft Request for Quotation (RFQ) for the engagement of a specialist consultant to undertake further development and preparation of an Integrated Transport Management Strategy (previously known as the Shire-wide Transport Strategy) using the outcomes from TIAC meetings and workshops to date as a foundation for the development of the document.

RECOMMENDATION:

That the Draft RFQ for the development of the Integrated Transport Management Strategy (previously known as the Shire-wide Transport Strategy) be adopted for the engagement of a specialist consultant to undertake the work.

Attachments:

1 2019.00XX - Draft RFQ - Byron Shire Integrated Transport Management Strategy, E2019/33900 , page 6⇩

2 Att1 - 2019 03 08 - I2019 80 Report to Transport and Infrastructure Advisory Committee Development of a Shire-wide Transport Strategy, E2019/33901 , page 52⇩

3 Att2 - E2018 10445 Community Engagement Policy 2018 and template, E2019/33902 , page 66⇩

4 Att3 - E2015 36109 Project Plan Template, E2019/33903 , page 85⇩

REPORT

Council at it’s meeting on 28 March 2019, resolved as follows:-

19-127

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

Report No. 4.5 Development of a Shire-wide Transport Strategy

File No: I2019/80

Committee Recommendation 4.5.1

1. That the Council note the following sections including amendments of a Shire-wide Transport Strategy:

a) Scope and context

b) Vision

c) Principles

d) Issues and challenges

2. That Council note the formation of a Transport Strategy Working group under the guidance of TIAC:

a) To develop a RFQ for the engagement of a specialist consultant to undertake the preparation of the Shire-wide Transport Strategy

b) To consider the method of consultation

c) To meet as frequently as required (Lyon/Ndiaye)

In accordance with this resolution, a draft RFQ has been prepared for the engagement of a specialist consultant to undertake the preparation of the Integrated Transport Management Strategy (previously known as the Shire-wide Transport Strategy), using the outcomes of workshops and meetings to date as a foundation for the development of the Strategy.

The draft RFQ and appendices have been attached to this report for review and endorsement by the Transport Strategy Working Group at it’s meeting on 17 May 2019.

STRATEGIC CONSIDERATIONS

Community Strategic Plan and Operational Plan

Objective: 1:	We have infrastructure, transport and services which meet our expectations
Strategy: 1.3:	Support, through partnership, a network of integrated sustainable transport options
Action 1.3a)	Ensure an integrated and accessible transport network (SP)
Activity:	Prepare an Integrated Transport and Movement Plan (ITMP)