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 Code of Conduct for Councillors (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 the Code of Conduct for Councillors.

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.

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 of the provisions in the Code of Conduct (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 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 Minutes of Transport and Infrastructure Advisory Committee - Meeting of 30 January 2020

Directorate: Infrastructure Services

Report Author: Dominika Tomanek, Executive Assistant Infrastructure Services

File No: I2020/602

Summary:

The previous minutes of Transport and Infrastructure Advisory Committee Meeting of 30 January 2020 are attached to this report.

There was no quorum present on the extraordinary Transport and Infrastructure Advisory Committee Meeting of 3 March 2020 therefore the minutes were not presented to Council.

RECOMMENDATION:

That Committee note the report.

Attachments:

1 Minutes 30/01/2020 Transport and Infrastructure Advisory Committee, I2020/92 , page 7⇩

2 Notes of 03/03/2020 Transport and Infrastructure Advisory Committee Extraordinary, I2020/306 , page 10⇩

REPORT

The minutes of the Transport and Infrastructure Advisory Committee Meeting held on 30 January 2020 are attached. The minutes were reported to the 27 February 2020 Council Meeting which resulted in resolutions 20-047, 20-048, 20-049, and 20-050.

20-047

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

Report No. 4.1 Road Laser Condition Assessment - process and condition outcomes

File No: I2020/30

Committee Recommendation 4.1.1

1. That Council note the Road Laser Condition Assessment process.

2. That committee continue to receive information about the progress and improvement of the road network as data becomes available and findings be shared with the community.

20-048

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

Report No. 4.2 Open Spaces Asset Management Plan Communication Strategy

File No: I2020/31

Committee Recommendation 4.2.1

That Council note the draft Communication Strategy for Open Spaces Asset Management Plan (OSAMP). n/Lyon)

20-049

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

Report No. 4.3 Integrated Transport Management Strategy - Update

File No: I2020/58

Committee Recommendation 4.3.1

1. That TIAC approve two extraordinary TIAC meetings to be held on Tuesday 3 March 2020 and Tuesday 19 May 2020.

2. That Committee receive the draft strategy before 11 February 2020 if possible.

20-050

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

Report No. 4.4 Stormwater Assets Management

File No: I2020/83

Committee Recommendation 4.4.1

1. That Council note the report.

2. That a further report regarding prioritisation and funding of shire wide urban stormwater renewals (including relationships to funding of other assets such as sewer and flood mitigation) be presented to the next available meeting of TIAC for consideration.

The reports related to the resolutions 20-048, 20-049 and 20-050 were included in the Agenda of Transport and Infrastructure Advisory Committee Meeting hold on 30 April 2020.

The notes of the extraordinary TIAC meeting held on 3 March 2020 are included in this report. There was no quorum present on 3 March 2020 therefore there is no resolution.

Legal/Statutory/Policy Considerations

N/A

Financial Considerations

N/A

Consultation and Engagement

N/A

Minutes of the Transport and Infrastructure Advisory Committee Meeting held on Thursday, 30 January 2020

File No: Error! Unknown document property name.

PRESENT: Cr S Richardson (Mayor), Cr B Cameron, Cr J Martin

Staff: Phil Holloway (Director Infrastructure Services)

Michael Matthews (Manager Open Spaces and Resource Recovery)

James Flockton (Drainage and Flood Engineer)

Blyth Short (Assets Management Coordinator)

Dominika Tomanek (Minute Taker)

Community Representatives: Sapoty Brook, Graham Hamilton, Andi Maclean

Non-Voting Representatives: Linda Wirf (Transport Development Officer, Social Futures)

Cr Cameron (Chair) opened the meeting at 9:02 am and acknowledged that the meeting was being held on Bundjalung Country.

Apologies:

David Michie

Katrina Ross (Transport Development Officer, Social Futures)

Declarations of Interest – Pecuniary and Non-Pecuniary

There were no declarations of interest.

Adoption of Minutes from Previous Meetings

Committee Recommendation:

That the minutes of the Extraordinary Transport and Infrastructure Advisory Committee Meeting held on 3 December 2019 be confirmed.

(Cameron/Maclean)

The recommendation was put to the vote and declared carried.

Note: The minutes of the meeting held on 3 December 2019 were noted, and the Committee Recommendations to be presented to Council, at the Ordinary Meeting held on 27 February 2020.

Business Arising from Previous Minutes

There was no business arising from previous minutes.

Staff Reports - Infrastructure Services

Report No. 4.1 Road Laser Condition Assessment - process and condition outcomes

File No: I2020/30

Committee Recommendation:

1. That Council note the Road Laser Condition Assessment process.

2. That committee continue to receive information about the progress and improvement of the road network as data becomes available and findings be shared with the community.

(Richardson/Hamilton)

The recommendation was put to the vote and declared carried.

Report No. 4.2 Open Spaces Asset Management Plan Communication Strategy

File No: I2020/31

Committee Recommendation:

That Council note the draft Communication Strategy for Open Spaces Asset Management Plan (OSAMP).

(Hamilton/Brook)

The recommendation was put to the vote and declared carried.

Report No. 4.3 Integrated Transport Management Strategy - Update

File No: I2020/58

Committee Recommendation:

1. That TIAC approve two extraordinary TIAC meetings to be held on Tuesday 3 March 2020 and Tuesday 19 May 2020.

2. That Committee receive the draft strategy before 11 February 2020 if possible.

(Cameron/Maclean)

The recommendation was put to the vote and declared carried .

Report No. 4.4 Stormwater Assets Management

File No: I2020/83

Committee Recommendation:

1. That Council note the report.

(Hamilton/Maclean)

The recommendation was put to the vote and declared carried.

There being no further business the meeting concluded at 10:59 am.

Notes of the Extraordinary Transport and Infrastructure Advisory Committee Meeting held on Tuesday, 3 March 2020

File No: Error! Unknown document property name.

PRESENT: Cr B Cameron

Staff: Phil Holloway (Director Infrastructure Services)

Evan Elford (Manager Works)

Andrew Pearce (Traffic Engineer)

Dominika Tomanek (Minute Taker)

Community Representatives: Graham Hamilton, Sapoty Brook, David Michie

Non-Voting Representatives: Katrina Ross (Transport Development Officer, Social Futures)

Consultants: Will Fooks (GTA Consultants), Nick Buchanan (GTA Consultants)

There was no quorum present therefore the recommendations to Council could not be made on the Transport and Infrastructure Advisory Committee Meeting hold on 3 March 2020. The items below were listed for discussion only.

Cr Cameron (Chair) opened the meeting at 2:02 pm and acknowledged that the meeting was being held on Bundjalung Country.

Apologies:

Cr J Martin

Cr S Richardson (Mayor)

Andi Maclean

Declarations of Interest – Pecuniary and Non-Pecuniary

There were no declarations of interest.

Adoption of Minutes from Previous Meetings

Note:

Business Arising from Previous Minutes

There was no business arising from previous minutes.

Staff Reports - Infrastructure Services

Report No. 4.1 DRAFT Integrated Transport Management Strategy

File No: I2020/211

Notes:

That TIAC note the Draft Integrated Transport Management Strategy report and provide the following feedback to the consultant:

1. That a further draft of the ITS be prepared with consideration of the following additions and amendments.

2. Alignment of guiding principles and proposed actions with all of Council’s relevant transport related plans and strategies, in particular the MURC study.

3. Analysis and consideration of the transport needs of all groups In the community.

4. Analysis, consideration and inclusion of tourism transport demands and impacts.

5. Actions and proposals in the ITS be grounded and supported by situational analysis that provides a solid basis for future grant applications.

6. ITS to reflect community expectations with a critical analysis of policy positions put forward by State Government and other external stakeholders

7. Analysis of current local and regional public transport provision including the lack of public transport as well as consideration of public transport development principles (e.g. integration) and how these principles can be applied for better outcomes.

8. A new overarching principle as follows: A strategy that provides solutions to the range of transport needs in the community that promotes sustainability and a rapid decrease in carbon emissions.

9. Analysis supporting the ITS include the following:-

A) Integrated network analysis.

B) Regional connection data and analysis.

C) Forecasts and analysis of growth in road traffic categories to identify implications for future costs, network demands and proposals in the ITS.

D) Forecasts and analysis of demographic factors and tourism industry growth.

E) Comparative data on current and future costs of network components regarding maintenance and development including alternatives and potential initiatives.

F) All ongoing actions and new proposed actions be considered in relation to current and future potential to decrease carbon emissions.

G) Analysis of proactive measures to review and improve planning framework documents to support an integrated low carbon ITS.

H) Use of SWOT analyses.

10. That a project reference group consisting of TIAC Chair, staff and consultant representatives be established to work on the revised draft.

There being no further business the meeting concluded at 3:46 pm.

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 4.2

Report No. 4.2 Open Spaces Customer Levels of Service Community Survey

Directorate: Infrastructure Services

Report Author: Blyth Short, Asset Management Coordinator

File No: I2020/568

Summary:

Council is currently writing the Open Spaces Asset Management Plan (OSAMP).

As part of this process a survey was undertaken to measure community customer levels of service.

This feedback will inform the Customer Levels of Service section of the OSAMP.

An online interactive map directing users to complete the Open Spaces Survey was conducted from 29^th January 2020 to 3^rdMarch 2020 and the results are presented in the attached report (E2020/27445). There was comprehensive marketing of the survey on social media, print, website and direct email to selected groups.

RECOMMENDATION:

That the committee note the Open Spaces Customer Levels of Service Community Survey report.

Attachments:

1 Open Space Assets - Customer Levels of Service Report 2020 (V4), E2020/27445 , page 17 ⇩

REPORT

Council manages 2,100 open spaces assets. It maintains 71 parks (with infrastructure), 35 playgrounds, 10 sports fields, 7 skate parks, 20 hard courts (tennis/netball/basketball), and two pools. To simplify the survey the open spaces assets were grouped into the following 5 categories:

● Parks/reserves

● Playgrounds

● Sports fields

● Recreation facilities

o Tennis courts

o Skate parks

o Basketball courts

o Netball courts

● Swimming pools

The survey sought perceptions of the performance of open spaces against key criteria and the importance attached to these six key criteria below:

1. Condition

2. Cleanliness

3. Functionality

4. Disability access

5. Capacity

6. Availability

High-level statistics and findings

- 180 surveys completed;

- 63 different open spaces commented on;

- 73% (131) of respondents using nominated spaces weekly or more frequently;

- 75% (135) of respondents would rather have the council invest money on upgrading existing infrastructure;

- On a scale where 1 is Excellent and 5 is Very Poor,

o Average rating across all criteria was 2.84;

o Worst performer was disability access with an average of 3.05, closely followed by condition with an average of 3.04;

o Best performer was availability with an average of 2.63;

- Condition was ranked the most important criteria.

Recommendations

● Focus on maintaining or upgrading existing open spaces rather than building new facilities.

● Create dialogue with sporting teams to understand issues with the condition of current open spaces and help set expectations.

● Prioritise upgrades, particularly disability access upgrades, based on individual space performance (page 13).

● Review the relationship between public toilet locations and open spaces.

● Consider a public awareness campaign for online reporting of issues with the condition of open spaces.

● Consider a public awareness campaign to inform the community that the three parks at Brunswick Heads: Torakina, Banner and The Terrace Parks are not council managed open spaces.

The high level statistical findings and recommendations will be included into the OSAMP, Customer Levels of Service section. The detailed report attached will be provided to the Manager of Open Spaces as a resource tool.

STRATEGIC CONSIDERATIONS

Community Strategic Plan and Operational Plan

CSP Objective

CSP Strategy

DP Action

OP Activity

CSP Objective	L2	CSP Strategy	L3	DP Action	L4	OP Activity
Community Objective 1: We have infrastructure, transport and services which meet our expectations	1.2	Provide essential services and reliable infrastructure which meet an acceptable community standard	1.2.2	Develop infrastructure asset renewal and upgrade program in line with Community Solutions Panel values (SP)	1.2.2.1	Prepare an Open Space Asset Management Plan

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 4.3

Report No. 4.3 Stormwater Assets Management

Directorate: Infrastructure Services

Report Author: Cameron Clark, Manager Utilities

File No: I2020/578

Summary:

This report is a response to the resolution 20-050 point 2.

20-050

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

Report No. 4.4 Stormwater Assets Management

File No: I2020/83

Committee Recommendation 4.4.1

1. That Council note the report.

RECOMMENDATION:

That the Committee notes the report.

REPORT

The submission of the previous stormwater asset management report (File No. I2020/83) to the Transport and Infrastructure Advisory Committee (TIAC) in January 2020 requested budget of $1M for FY20/21.

This budget figure was for the urgent rectification of stormwater mains found to be in poor condition within the Mullumbimby CBD area and the ongoing assessment in parallel with the gravity sewer assessments in which efficiencies and value for money have been identified.

Since the submission of this report, discussions have been held with key stakeholders from both the Utilities and Works departments with regards to the management of the stormwater network.

More detailed work is still required on the prioritisation and potential funding sources for shire wide stormwater renewals and was not available at the time of the agenda preparation.

As an interim measure, the Utilities section are prepared to assist by committing to incorporating the highest risk stormwater assets for assessment as part of the ongoing gravity sewer assessments that are scheduled for completion in the first half of FY20/21 across the following four sewer catchments:-

- Byron Bay (3005)

- Mullumbimby (4002, 4003)

- Ocean Shores (5009)

The highest risk stormwater assets within these four sewer catchments will be determined via desktop analysis in collaboration with the Works department at a cost that will be worn by the Utilities departments’ FY20/21 gravity sewer asset management budget.

Council are currently in the process of recruiting a new Stormwater Engineering within the Works department. This role is critical to the strategic direction of the holistic approach to asset management in relation to stormwater infrastructure.

The stormwater network is a critical community asset that requires budget to ensure that its function is adequately maintained and the report required as part of Res 20-050 will consider option in terms of Level of Service and potential funding sources.

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 4.4

Report No. 4.4 Integrated Transport Management Strategy - Update

Directorate: Infrastructure Services

Report Author: Andrew Pearce, Traffic Engineer

File No: I2020/603

Summary:

This report provides an update on the Integrated Transport Management Strategy.

RECOMMENDATION:

That TIAC endorse the feedback given to GTA, namely:-

1. That GTA include a chapter / section at the beginning of the report addressing the regional transport context of Byron Shire taking into account the feedback given to GTA and generally summarised in Attachment 2 (E2020/28853) and Attachment 3 (E2020/28866).

2. That GTA update the report to include items, such as:-

a. A table at the end of the report with recommended actions;

b. Supporting evidence and data within the body of the report. Recommended ways to present this evidence and data is through factoids, stats, charts, case studies and other methods considered helpful by GTA.

c. Relevant actions and items discussed in Attachment 3 (E2020/28866)

3. That the updated report be presented to TIAC for feedback before commencing work on a technical appendix.

4. That Council allocate an additional $4,099 to the project as part of the Quarterly Budget Review.

Attachments:

1 Minutes 03/03/2020 Transport and Infrastructure Advisory Committee Extraordinary, I2020/306 , page 52 ⇩

2 BITS & Rail Corridor meeting 31 March 2020, E2020/28853 , page 56 ⇩

3 19 & 30 March Meeting Minutes and Actions - BITS, E2020/28866 , page 58⇩

REPORT

Background

The following key steps have been undertaken so far:

1. September 2019

· GTA awarded the tender

2. 1st October 2019

· GTA undertook scoping workshops with council staff, TIAC and community stakeholders;

3. 3rd December 2019

· GTA provided TIAC with a project update and scope summary. TIAC members provided feedback;

4. 30th January 2020

· Project update presented to TIAC and requested two extraordinary meetings for 3^rd March and 19^th May.

5. 3rd March 2020

· 1^st Draft of the Strategy presented to TIAC.

· Note; a quorum was not present for this meeting.

· Key feedback was:

i. Regional transport network interconnections not adequately considered,

ii. Rail corridor not discussed

iii. Insufficient evidence and data to back up the Strategy draft.

· Refer to Attachment 1 for a copy of the meeting minutes.

6. 19th March 2020 and 31st March 2020

· Meetings held with Cr Cameron to clarify Regional interconnections and rail corridor details.

· Refer to Appendix 2 for a copy of the feedback provided to GTA from Cr Cameron.

· Refer to Attachment 3 for meeting minutes and actions from both 19^th & 31^st March meetings

Recommended Report Amendments and Future Steps

In response to the 3^rd March TIAC meeting and the subsequent meetings with Cr Cameron GTA were advised to update the report to include the following three items.

1. An opening section addressing Byron Shires regional transport context and connections with Byron shire. Clear guidance and direction has been provided by Cr Cameron.

2. Update the report to include general feedback, such as:

a. A table at the end of the report with recommended actions, and

b. Actions included in Attachments 2 and 3

3. A technical appendix similar to that adopted for the Mooreland’s Transport Strategy.

GTA were advised to focus initially on items 1 and 2 and not commence item 3 until TIAC has had an opportunity to review the updated report.

Pending TIAC feedback in regards to items 1 and 2, stage 2 would then be the technical appendix. Once stage 1 is complete these changes may improve the look of the report and the complexity of the technical appendix may reduce, or may not be required even.

Cost Estimates

GTA have advised Council of cost estimates to undertake the above amendments.

To include an opening chapter / section addressing the Regional Context GTA quote $15,750. As part of this quote they propose:

· To research available transport data for regional movements,

· Consolidate statistics across 3-4 council areas and from SEQ on population, employment etc,

· Include two more meetings, and

· Two revisions of the report chapter.

The above steps aim to answer the following questions:

· What the region needs both now and in 20 years,

· How BSC should connect to that,

· What is Council doing in that space, and

· What should it do in that space?

A premise behind these proposed works is the requirement raised at the 3^rd March 2020 TIAC meeting that the Integrated Transport Strategy must be robust and evidence based so it can be used to support State and Federal grant applications.

To prepare a Technical Appendix similar to the Mooreland’s Transport Strategy GTA propose a cost estimate of $20,000.

To undertake both the Regional Context and the Technical Appendix will cost and estimated total of $35,750.

To update the body of the report to include facts, data, supporting chats and a case studies can be done as part of the existing scope of works at no extra cost.

While GTA require confirmation from TIAC to proceed with the above direction they have begun work research data associated with Regional Context.

Project Budget

A total of $172,100 was allocated to this project with the final project cost expected to be $140,449.

The additional $31,651 was allocated to cover variations and unexpected costs. To undertake the additional $35,750 worth of work would result in a budget over run of $4,099.