Late Items Agenda of Ordinary Meeting - Thursday, 17 December 2020

Cover page Agenda and Min Ordinary infocouncil

Supplementary Agenda

Ordinary Meeting

Thursday, 17 December 2020

held at Council Chambers, Station Street, Mullumbimby

commencing at 9.00am

Public Access relating to items on this Agenda can be made between 9.00am and 10.30am on the day of the Meeting. Requests for public access should be made to the General Manager or Mayor no later than 12.00 midday on the day prior to the Meeting.

Mark Arnold

General Manager

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

Late Reports 17.1

Late Reports

Report No. 17.1 Local Traffic Committee Recommendations

Directorate: Infrastructure Services

Report Author: Andrew Pearce, Traffic Engineer

File No: I2020/1984

Summary:

At their meeting on 26 November 2020 Council resolved:

That Council approve the General Manager using Delegated Authority in consultation with the Director of Infrastructure Service to act on recommendations arising from extraordinary Local Traffic Committee meetings in November and December 2020 for matters where the Local Traffic Committee members are unanimous in their decision. (Res 20-632)

The General Manager cannot use this delegation in relation to the extraordinary LTC meeting held electronically (i.e. via email exchange) between Monday 7 December to Tuesday 15 December 2020, because voting was not unanimous as a consequence of voting not being received from all members.

The agenda presented to LTC is provided in Attachment 1.

The voting is as follows at the conclusion of them meeting stood as follows:

		Vote
Item No.	Title	For	Against	Abstained	No Comment
6.1	Yellow Line - Lighthouse Rd, Wategos	3r	0	0	1
6.2	Tincogan Street Intersection Priorities	3	0	0	1
6.3	Burringbar St - Talking Street	3	0	0	1
6.4	On-Road Cycleway Connection - Bangalow / Browning / Tennyson Roundabout	3	0	0	1
7.1	Mixed Use Development - Jonson St / Browning St	2	0	1	1

The recommendations voted on were as follows:

Item No.	Title	Agenda Recommendation	Amended Recommendation
6.1	Yellow Line - Lighthouse Rd, Wategos	That Council endorse the installation of yellow lines along Lighthouse Road from the Brooke Drive intersection extending through to the start of Palm Valley Drive.	That Council 1. Endorse the installation of yellow lines along Lighthouse Road from the Brooke Drive intersection extending through to the start of Palm Valley Drive. 2. Change “No Parking” signs to “No Stopping” in conjunction with the provision of yellow line marking in Lighthouse Road, Byron Bay.
6.2	Tincogan Street Intersection Priorities	That Council implement the priority changes to give way signs on Tincogan Street at the intersections of the Dalley Street and Stuart Street, Mullumbimby in order to provide priority to east-west traffic movements in Tincogan Street.	That Council implement the priority changes to the intersections of Dalley and Stuart Streets with Tincogan St, Mullumbimby and that pedestrian paths and refuges be located such as to provide a minimum of one vehicle storage between hold lines and the pedestrian path and refuge alignment.
6.3	Burringbar St - Talking Street	That Council endorse the regulatory signs, lines and devices presented in attachment 1 (E2020/95475).	No Amendments
6.4	On-Road Cycleway Connection - Bangalow / Browning / Tennyson Roundabout	That Council endorse the attached plans for the On-Road Cycleway Connection at Bangalow / Browning / Tennyson Roundabout pavement marking and signage to be installed (#E2020/97761).	No Amendments
7.1	Mixed Use Development - Jonson St / Browning St	That Council approve the regulatory signage shown in Attachment 1 (E2020/95011) which is associated with development application 10.2019.616.1 and Roads Act application 51.2019.616.2.	No Amendments

Draft Minutes are provided in Attachment 2 (I2020/1995).

It is recommended that Council adopts the following recommendation.

RECOMMENDATION:

That Council approve the recommendations, as amended, from the Local Traffic Committee extraordinary electronic meeting held on 15 December 2020.

Attachments:

1 Extraordinary Dec LTC Agenda, E2020/101067 , page 8⇩