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

Adoption of Minutes from Previous Meetings 3.1

Adoption of Minutes from Previous Meetings

Report No. 3.1 Adoption of Minutes from Previous Meeting

Directorate: Infrastructure Services

Report Author: Dominika Tomanek, Executive Assistant Infrastructure Services

File No: I2020/1473

RECOMMENDATION:

That the minutes of the Transport and Infrastructure Advisory Committee Meeting held on 30 July 2020 be confirmed.

Attachments:

1 Minutes 30/07/2020 Transport and Infrastructure Advisory Committee, I2020/1117 , page 7⇩

Report

The attachment to this report provides the minutes of the Transport and Infrastructure Advisory Committee Meeting of 30 July 2020 .

Report to Council

The minutes were reported to Council on 27 August 2020and adopted without changes.

Comments

In accordance with the Committee Recommendations, Council resolved the following:

20-403

Resolved that Council adopt the following Committee Recommendation:

Report No. 4.2 Asset Management Policy Updated

File No: I2020/803

Committee Recommendation 4.2.1

That Council adopt the revised Asset Management Policy (E2020/4726) and is updated on Council’s website. /Lyon)

20-404

Resolved that Council adopt the following Committee Recommendations:

Report No. 4.3 Byron Shire Integrated Transport Update

File No: I2020/892

Committee Recommendation 4.3.1

That Council resolve the following:

That the BSITS is reviewed by a working party of TIAC members, staff and consultants with the view to providing a final draft to the next TIAC meeting. yon)

20-405

Resolved that Council adopt the following Committee Recommendations:

Report No. 4.4 Road Safety Campaign Review

File No: I2020/893

Committee Recommendation 4.4.1

1. That TIAC recommend that signage be incorporated as part of the Coolamon Scenic Drive Project be accessed for road safety signage.

2. That Council seek approval to incorporate Road Safety signage /other measures within future Road Safety Upgrade projects.

3. The report be brought to next TIAC meeting focusing on road safety concerns and potential funding opportunities and that advice from TIAC members be sought regarding messaging and location for signs.

4. That Council consider an allocation of funds from Risk Management Reserve to address other areas not covered by Coolamon Scenic Drive Project.

5. That Council continue to liaise with TfNSW with regard to creating a Road Safety Officer position and planning road safety programs for the shire.

6. That Council continue developing a funding model for a Road Safety Officer.

20-406

Resolved that Council adopt the following Committee Recommendation:

Report No. 4.5 Stormwater Assets Management

File No: I2020/1069

Committee Recommendation 4.5.1

That Council note the report. /Lyon)

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 4.1

Staff Reports - Infrastructure Services

Report No. 4.1 Maintenence of non-Council owned toilets

Directorate: Infrastructure Services

Report Author: Malcolm Robertson, Team Leader Open Space

File No: I2020/1162

Summary:

Council requested through Resolution 19-316 that a report be provided on the contractual arrangements in place for the maintenance of non-Council owned toilets. The request was in response to poor community satisfaction, at the time of public consultation on the Building Asset Management Plan, with toilets at Brunswick Heads.

Since that time State Government funded renovations to the Brunswick Heads public toilets have happened and changes made to Council contractor management, which will help improve public perceptions of these facilities.

This report outlines the details of the current contractual arrangements in place for both Council and non-Council toilets.

RECOMMENDATION:

That Council note the contractual arrangements currently in place for maintenance of non-Council owned toilets.

REPORT

Council requested through Resolution 19-316 that a report be provided on the contractual arrangements in place for the maintenance of non-Council owned toilets. This request arose from consideration of the 2019 Buildings Asset Management Plan Community Levels of Service report. (BAMP) . The BAMP had identified that the Brunswick Heads public toilets at Torakina, The Terrace and Banner Park had the lowest levels of community satisfaction.

Byron Shire Public Toilets

Byron Shire has 29 public toilets, of which:

- 23 are Council managed - 16 sited on Council land and 7 sited on Council-managed Crown land;

- 3 are non-Council toilets on Crown Land managed by Reflections Holiday Parks.

- 3 are non-Council toilets, managed by user groups – sited on Council-managed Crown Land;

Public toilets on Council land are located at:

· Bangalow Railway Park

· Bangalow Parklands (Pool / Weir Park)

· Bangalow Sports Fields

· Suffolk Park Gaggin Park

· Suffolk Park Sports Fields

· Byron Bay Railway Park

· Byron Bay Recreation Grounds

· Ocean Shores Waterlily Park

· New Brighton Sports Field

· South Golden Beach

· Mullumbimby Federation Bridge

· Mullumbimby Station Street Carpark (Poinciana)

· Mullumbimby Civic Hall Park

· Cavanbah - amenities block A

· Tyagarah Airfield

· Federal Parklands

Public toilets on Crown Land managed by Council are located at:

· Byron Bay Apex Park Exeloos

· Byron Bay Surf Club changerooms (male urinal)

· Byron Bay Pool (Fishheads)

· Byron Bay Clarkes Beach

· Brunswick Heads Recreation Grounds

· Mullumbimby Rec Ground

· South Beach Road, Brunswick Heads – a grant application has been lodged to replace these facilities.

Public toilets on Crown Land managed by Reflections Holiday Parks are located at:

· Brunswick Heads Banner Park

· Brunswick Heads Terrace Park

· Brunswick Heads Torakina Park

Public toilets on Crown Land serviced by user groups are located at:

· Byron Bay Butler Street Market Ground

· Mullumbimby Pine Avenue Sports Fields

· Bangalow Showgrounds

A non-Council public toilet also sits within the Crown Land associated with the Federal Community Pre-school. This toilet has been replaced by the new toilet within Federal Parklands and has been closed to public use. Options to include this toilet within the renewal of the pre-school lease are being considered.

The 2020 Community Satisfaction Survey results showed some improvement in public toilet satisfaction levels, with an increase in percentage of residents somewhat satisfied to very satisfied with public toilets increasing by 3% in 2020 compared to 2018. This survey pre-dated the new cleaning contract and the recent toilet upgrades in Brunswick Heads.

Levels of Service

Twenty-six of the public toilets in the Shire are cleaned by Council. The only exceptions are the toilets at Pine Avenue Sports Grounds, Butler Street Market Grounds and Bangalow Showgrounds with the user groups managing the servicing.

Council levels of service for all toilets cleaned by Council are determined relative to the frequency of visitation. Toilet cleaning is carried under a new contract initiated July 1^st 2020. The new contract has specific focus on the required performance standards, with monitoring processes in place to ensure quality is maintained. Community feedback around standards of cleanliness since the initiation of the new contract has been positive.

The current levels of service for all toilets are shown in the table below. The table indicates at which time and day of the week each toilet is serviced. In some instances toilets are given additional refresh services during school or public holidays, this is detailed in yellow in the columns to the right. All toilets also receive quarterly detail cleaning in November, February, May and August.

Crown owned and managed toilets at Brunswick heads are cleaned by Council as LOS 1.

Financials

Annual cost of toilet cleaning services to Council this financial year is $568,085 (ex gst).

· $279,328 for toilets on Council land

· $199,591 for toilets on Crown Land managed by Council.

· $ 89,166 for toilets on Crown Land managed by Reflections.

Council receives annual funding from Department of Planning Industry and Environment – Crown Lands of $206,500 towards maintenance services carried out by Council on Crown Lands throughout the Shire.

As well as toilet cleaning, Council also provides a range of grounds maintenance and administrative services to the Brunswick Heads Crown Land managed by Reflections, including;

· Mowing services $12,500

· BBQ Cleaning $ 8,008

· Tree pruning $ 2,500

· Security patrol services $ 2,553

· Electricity $ 3,500

· Rates $ 1,941

Council also provides compliance enforcement, inspections and maintenance reporting services and is the conduit for many customer requests.

The agreement for service provision by Council for the Crown Land managed by Reflections at Brunswick Heads needs review to ensure continuing agreement about levels of services and funding.

STRATEGIC CONSIDERATIONS

Community Strategic Plan and Operational Plan

CSP Objective

CSP Strategy

DP Action

OP Activity

Community Objective 2: We cultivate and celebrate our diverse cultures, lifestyle and sense of community

2.3

Provide accessible, local community spaces and facilities

2.3.5

Maintain Public Open space in a safe and efficient way that provides for both active and passive recreation (SP)

2.3.5.1

Deliver Open Space maintenance programs in accordance with Levels of Service and adopted AMP

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 4.2

Report No. 4.2 Infrastructure Report (Special Schedule 7) Financial Statements 2020

Directorate: Infrastructure Services

Report Author: Blyth Short, Asset Management Coordinator

File No: I2020/1448

Summary:

Advise that the calculation of the Infrastructure backlog, Bring to Satisfactory (BTS) figures have decreased in 2020 from 2019. This change is mostly due to the revaluation of the roads and stormwater assets in 2020 and the writing of the Open Spaces and Buildings Asset Management Plan (AMP). This work involved significant review and calculation of the Bring to Satisfactory calculation which is based on condition of assets that are in poor (4), very poor (5) and end of life (6). Each year this figure may change as asset management matures through further asset inspections and individual AMP’s.

RECOMMENDATION:

That the report is noted.

REPORT

The table 1 below details financial changes and explanations. Full calculations and notes are in E2020/56103.

Table 1 Bring to Satisfactory comparison figures

Asset Type	BTS 2020	BTS 2019	Explanation
Buildings	$ 5,838,000	$5,923,000	Building Asset Management Plan 2019 – unit rates were calculated for each individual asset component from the Rawlinsons Construction Cost Guide. The latest Predictor data load was on 24/06/2020 with updated condition data from recent building renewals.
Roads	$59,735,000	$94,244,000	2020 Revaluation by Assetic. The 8 separate treatment costs calculated and confirmed by Operations Coordinator, IS – Works. Roads and Stormwater Asset Revaluation Report 2020 (Asset Pty Ltd) E2020/40274, page 15. Improved calculations from the road revaluations and Predictor modelling figures. Note this figure is likely to increase as further calculations are undertaken on asset sub-types.
Open Spaces	$2,032,000	$0	Calculated from Predictor data load from 2020 Open Spaces AMP. Previously not calculated. Rates were provided from Assetic Pty Ltd after consultation with BSC staff that did not have rates to provide. Refer to Byron Shire Council Open Spaces Unit Rate and Useful Life Manual 2020 for Predictor Modelling (E2020/11839).
Urban Stormwater	$605,000	$0	Calculated as a result of Infiltration and Overflow CCTV inspections undertaken in Mullumbimby. Refer to TIAC report I2020/83, Willow & Sparrow Consultant. Table 1 - Proposed Rectification works FY19/20. Previously not calculated as condition not known.
Sewer	$490,000	$0	Calculated as a result of Infiltration and Overflow CCTV inspections undertaken in Mullumbimby. Refer to TIAC report I2020/83, Willow & Sparrow Consultant. Table 1 - Proposed Rectification works FY19/20. Previously not calculated as condition not known.
TOTAL	$68,700,000	$100,167,000

The Table 2 below further details the Road Asset Type into Sub-type to explain the improved calculations from Predictor modelling.

Table 2 -

Asset Sub-type ROADS	BTS Condition 4, 5 and end of life calculations	BTS 2020
Sealed Road surface & structure	Predictor Sealed Roads Model (2020 V5) - ‘User Input’ of Asset stock value provided by Sean Baker (E2020/64329)	$48,701,000
Roadside Furniture	Predictor Open Spaces Model (Roadside Furniture Only) - Imported Asset Value	$17,000
Unsealed Roads	Predictor Unsealed Roads Model (2019 Unsealed Roads data) - ‘User Input’ of Asset stock value provided by Sean Baker (E2020/64329)	$1,132,000
Kerb and gutter	Manual calculation to achieve backlog results (Unit Rate x amount in poor condition derived from GIS query.) (E2020/64329)	$725,000
Footbridges	Predictor Byron Bridges (2020 - ALL BRIDGES) Data Load doc - Imported Asset Value	$37,000
Bridges	Predictor Byron Bridges (2020 - ALL BRIDGES) Data Load doc - Imported Asset Value	$442,000
Footpaths/cycleways	Manual calculation to achieve backlog results (Unit Rate x amount in poor condition derived from GIS query) (E2020/71453 & E2020/40274)	$2,478,000
Bus Shelters	Manual calculation to achieve backlog results (Unit Rate x amount in poor condition derived from GIS query) (E2020/71453 & E2020/40274)	$19,000
Car parks	Manual calculation to achieve backlog results (Unit Rate x amount in poor condition derived from GIS query) (E2020/71453 & E2020/40274)	$1,061,000
Roadside Barriers	Manual calculation to achieve backlog results (Unit Rate x amount in poor condition derived from GIS query) (E2020/71453 & I2018/1965 & E2020/40274 – unit rates from previous replacement cost matrix used other than for pedestrian barriers, bollards, handrails, then Assetic Unit rates applied.)	$5,123,000
TOTAL ROADS		$59,735,000

The revaluation of assets involved the laser condition assessment of road pavements and significant physical condition assessments of assets (Refer to Figure 1). As data is collected and reviewed the information becomes more reliable and accurate. Additionally, it is worth noting that while a lot of work is being completed on causeways and culverts there are a lot of assets that are continuing to move from a condition fair (3) into a poor condition (4). Also, for the first time Mullumbimby Stormwater and Sewer has been inspected with CCTV which has revealed significant infrastructure in a poor to very poor condition.

Infrastructure Report Improvements

For Byron Shire to improve with the calculation of the Financial Statement - Infrastructure Report there can be progress made with the development of in house unit rate calculations based off actual capital work projects using Authority Work Orders. The corporate system is well designed to cover all activities using task codes.

See the figure 1 below, which is an indication of the asset condition across the entire general fund.

Figure 1 Asset Condition General Fund

Strategic Asset Management Plan

There is an Operational Plan Activity for 20/21 to review the Strategic Asset Management Plan. Work is underway on this and it is intended that Microsoft Power BI will be used as a visualisation tool to present the General Fund asset portfolio. Information such as the above figure on condition will be presented with the ability to filter and interrogate the financial data further.

Consultation

All relevant asset sponsors have been consulted via meetings and workshops to endeavour to develop Byron Shire Council specific unit rates. Where these rates don’t exist in council Asset Pty Ltd consultants have provided industry standard values derived from more than 100 local governments and or the Rawlinsons Construction Cost Guide. This work has been done in consultation with Sean Baker, Asset Management Accountant. Where possible the unit rates are published in the individual AMP’s, for Buildings this data was too detailed to include.

STRATEGIC CONSIDERATIONS

Community Strategic Plan and Operational Plan

	CSP Objective	L2	CSP Strategy	L3	DP Action	L4	OP Activity
Community Objective 5: We have community led decision making which is open and inclusive		5.4	Manage Council’s assets and allocate resources in a fair and holistic manner	5.4.3	Provide reporting on key Infrastructure expenditure and the associated State Government measures	5.4.3.2	Complete the annual infrastructure report (Special Schedule 7 of the financial statements)

Venue	Conference Room, Station Street, Mullumbimby
Date	Thursday, 8 October 2020
Time	9.00am