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: I2021/37

RECOMMENDATION:

That the minutes of the Transport and Infrastructure Advisory Committee Meeting held on 8 October 2020 be confirmed.

Attachments:

1 Minutes 08/10/2020 Transport and Infrastructure Advisory Committee, I2020/1531 , page 7⇩

Report

The attachment to this report provides the minutes of the Transport and Infrastructure Advisory Committee Meeting of 8 October 2020 .

Report to Council

The minutes were reported to Council on 22 October 2020.Comments

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

20-565

Resolved that Council adopts the following Committee Recommendations:

Report No. 4.1 Maintenance of non-Council owned toilets

Committee Recommendation 4.1.1

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

2. That Council review public health information to ensure appropriate level of signage regarding COVID-19.

3. That Council note the need to review the arrangements for the cleaning servicing of Banner, Torakina and Terrace Park and terms and conditions of third party cleaning obligations.

4. That a report on performance of the contract and recommendation for further improvement be prepared to TIAC. )

20-566

Resolved that Council adopts the following Committee Recommendation:

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

Committee Recommendation 4.2.1

That Council note the report. /Hunter)

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 4.1

Staff Reports - Infrastructure Services

Report No. 4.1 Byron to Suffolk Cycleway - Browning St Roundabout Bypass Connection

Directorate: Infrastructure Services

Report Author: Daniel Strzina, Project Engineer

File No: I2021/18

Summary:

At the 27 August 2020 Ordinary Council meeting, Council resolved (20-456) to consider extending the scope of the Byron to Suffolk Cycleway to include on-road cycle lanes through the Bangalow Road/Browning Street/Tennyson Street roundabout to ensure continuity through to the Byron Bay Bypass project. It was also resolved that the amended plans be provided to TIAC for endorsement. This report provides the plans for endorsement.

RECOMMENDATION:

That Council endorse the attached plan (Attachment 1 - E2020/97761) for the On-Road Cycleway Connection at Bangalow/Browning/Tennyson Roundabout pavement marking and signage to be installed.

.Attachments:

1 24.2017.86.1 - 2801-SK45 - Byron to Suffolk Cycleway - Browning St Roundabout Bypass Connection, E2020/97761 , page 15 ⇩

2 24.2017.86.1 - 2801-45 - Byron to Suffolk Cycleway - Browning St Roundabout - Current Design, E2021/3924 , page 16⇩

3 24.2017.86.1 - 8857-SK14A-ISS - Byron Bay Bypass - Browning St Roundabout On-Road Cycleways, E2021/3930 , page 17⇩

Report

There are currently two separate on-road cycleway projects running concurrently, being the Byron Bay Bypass and the Byron to Suffolk cycleway projects.

Upon review of both projects, it has been identified that neither project included on-road cycleway markings on the Bangalow Road/Browning Street/Tennyson Street roundabout to provide connectivity between the two.

As per Resolution 20-456, this connection has been designed and is presented as Attachment 1 (E2020/97761). This design is proposed to supersede the current design to link the two major projects.

Attachment 2 (E2021/3924) presents the current design for the Bangalow Road on-road cycleways that ends just south of the Bangalow Rd/Browning St/Tennyson St roundabout, for comparison.

Attachment 3 (E2021/3930) presents the current design (as constructed) for the Byron Bay Bypass project on-road cycleways at the Bangalow Road/Browning Street/Tennyson Street roundabout to demonstrate continuity.

Proposed works will also require these plans to be endorsed by LTC and adopted by Council. This will be the final piece of work that will connect cycling infrastructure from Suffolk Park to the Ewingsdale interchange through Byron Bay.

Shared Path Consideration

This report has considered solely the on-road components of cycleway design to prioritise and fast-track the construction of the missing link.

There are currently plans to widen the shared path that runs north from the Bangalow Road/Browning Street/Tennyson Street roundabout along Tennyson St to the school, sports fields and YAC. This is a separate project that is funded for design this year.

There is currently no shared path connection between the Byron Bay Bypass Project and the shared paths on Bangalow Road and Tennyson St, though Attachment 3 shows a proposed location for the shared path connection.

Part of this path (west of Ruskin Lane) is planned to be completed by the developer of 3 Browning St. The remaining 97m is not currently funded, though detailed design has been completed by the developer and funding opportunities are being investigated.

Strategic Considerations

Community Strategic Plan and Operational Plan

	CSP Objective	L2	CSP Strategy	L3	DP Action	L4	OP Activity
Community Objective 1: We have infrastructure, transport and services which meet our expectations		1.1	Provide a road network which is safe, accessible and maintained to an acceptable level of service	1.1.5	Deliver road network new works program	1.1.5.1	Complete construction of the Byron Bay Bypass
Community Objective 1: We have infrastructure, transport and services which meet our expectations		1.1	Provide a road network which is safe, accessible and maintained to an acceptable level of service	1.1.5	Deliver road network new works program	1.1.5.2	Complete Suffolk Park Cycle Way - Bangalow Road

Related Resolutions

20-001

Resolved that Council adopt the following Committee and Management Recommendations:

Report No. 6.5 Byron to Suffolk Cycleway - Changes to Bangalow Road

File No: I2020/1061

Committee Recommendation 6.5.1

1. That Council supports the modification of Bangalow Road as per the detailed designs (E2020/53823) including the following:

a) Adjustment of the existing road alignment, lane widths, line-marking, signage, bus-stop locations and crossings;

b) Addition of crossings, a bus stop and on-road cycle lanes.

c) The removal of some parking on both sides of Bangalow Road where necessary to enable space for bus stops and cycle lanes.

2. That council consider extending the project to ensure safe cycling and pedestrian access in and around the Browning St/Tennyson St roundabout.

3. That the amended plans be provided to community representatives on the TIAC for comment.

Management Recommendation

Management comments are provided at the end of this report. (Cameron/Ndiaye)

Financial Considerations

There is no funding allocated for the on road works from either the bypass or the Byron to Suffolk Cycleway, so it is proposed that the cost of undertaking the works be funded out of developer contributions. There are sufficient funds in the Byron Bay cycleways developer contributions reserve to fund this scope.

While developer contributions are available to undertake the shared path there are opportunities to attract grant funding. Staff are currently exploring these grant funding opportunities with TfNSW. Once the shared path has been fully costed it may be part funded from developer contributions and / or grant funds.

Subject to the endorsement by TIAC these projects will be incorporated into the quarterly budget review process.

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 4.2

Report No. 4.2 Signage Policy Update

Directorate: Infrastructure Services

Report Author: Andrew Pearce, Traffic Engineer

File No: I2021/81

Summary:

The purpose of this report is to provide a brief update on Council’s Tourist, Street Name, Community Facility and Service Signs (Policy 07/102) and Wildlife Signage investigations.

RECOMMENDATION:

That Council note the progress undertaken to update Council’s Tourist, Street Name, Community Facility and Service Signs (Policy 07/102) in accordance with resolution 18-465 and developing a wildlife signage strategy.

Attachments:

1 Policy: Tourist, Street Name, Community Facility and Service Signs (Adopted 30/8/07) (Current_Policies), DM705283 , page 22 ⇩

Report

Background

Council has 3 key documents relating to different forms of signage, namely:

· Tourist, Street Name, Community Facility and Service Signs (Policy 07/102)

· Signs as Remote Supervision (Policy 4.25)

· DCP 2014 Chapter B10: Signage

Each of the above documents is currently under review.

The Tourist, Street Name, Community Facility and Service Signs relates to signage within the road reserve typically for the purpose of wayfinding.

Signs as Remote Supervision relates to signage associated with Parks and Beaches and not part of the road reserve.

DCP 2014 Chapter B10 relates to signage that requires a development application and is predominately advertising related.

Tourist, Street Name, Community Facility and Service Signs Policy

In accordance with Resolution 18-465 staff are in the process of updating the Tourist, Street Name, Community Facility and Service Signs Policy (07/102).

A previous report was submitted to the November 2018 TIAC meeting outlining key areas requiring amendment within the policy. A draft updated policy has since been developed with preliminary feedback received from key departments. Once this feedback is compiled final feedback will be requested to ensure latest guidelines and process is reflected within the document. This final update will then be reported back to TIAC when complete.

Wildlife Signage

Council Staff are undertaking a number of steps to develop a Road Strike Mitigation Action Plan. This plan will correlate priority road strike areas within the shire with recommended wildlife signage options.

Preliminary literary review has been undertaken to identify previous studies into wildlife signage and their efficacy.

Engagement with several community groups has occurred in relation to trialling different wildlife signage and measuring its impact on traffic. A key example is the trial of new Koala signage at two locations (McAuleys Lane and Coolamon Scenic Drive) and a third location proposed in Tyagarah. Traffic counters were installed before and after the trial wildlife signage was installed to objectively measure the effectiveness of signage on speed.

In addition, Council has undertaken research to identify priority Road Strike areas that will inform priority roads for ongoing roll out of wildlife signage once the above trials are complete.

Once the above literary review, signage trials and priority Road Strike areas investigations are complete they will be combined to create the Road Strike Mitigation Action Plan. This action plan will be drafted in consultation with the Biodiversity Committee and reported to TIAC when complete.

Key issues

N/A

Options

N/A

Next steps

Inter-department feedback is to be collated in relation to the Tourist, Street Name, Community Facility and Service Signs Policy.

Impacts on traffic speed are to be confirmed via traffic counters prior to rolling out signage beyond the three trial locations.

Other sub-headings

N/A

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	5.2	Create a culture of trust with the community by being open, genuine and transparent	5.2.3	Provide access to publicly available corporate registers	5.2.3.2	Review, update and publish Council policies online and report on the status of Council’s policy register

Related Resolutions

· 18-465

· 20-224

Legal/Statutory/Policy Considerations

N/A

Financial Considerations

N/A

Consultation and Engagement

N/A

Venue	Council Chambers, Station Street, Mullumbimby
Date	Thursday, 28 January 2021
Time	9.00am