Agenda of 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)

Committee members are reminded that they should declare and manage all conflicts of interest in respect of any matter on this Agenda, in accordance with the Code of Conduct.

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.

OATH AND AFFIRMATION FOR COUNCILLORS

Councillors are reminded of the oath of office or affirmation of office made at or before their first meeting of the council in accordance with Clause 233A of the Local Government Act 1993. This includes undertaking the duties of the office of councillor in the best interests of the people of Byron Shire and the Byron Shire Council and faithfully and impartially carrying out the functions, powers, authorities and discretions vested under the Act or any other Act to the best of one’s ability and judgment.

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: I2023/800

RECOMMENDATION:

That the minutes of the Infrastructure Advisory Committee Meeting held on 20 April 2023 be confirmed.

Attachments:

1 Minutes 20/04/2023 Infrastructure Advisory Committee, I2023/559 , page 8⇩

Report

The attachment to this report provides the minutes of the Infrastructure Advisory Committee Meeting of 20 April 2023 .

Report to Council

The minutes were reported to Council on 25 May 2023.Comments

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

	Report No. 14.5 Report of the Infrastructure Advisory Committee Meeting held on 20 April 2023 File No: I2023/603
23-001	Resolved that Council notes the minutes of the Infrastructure Advisory Committee Meeting held on 20 April 2023. (Hunter/Lyon)
23-002	Resolved that Council adopts the following recommendations: Report No. 4.2 New Brighton Parking Options Investigation File No: I2023/472 Recommendation 4.2.1 1. That staff continue to develop designs to improve car parks in the area including North Head Carpark, The Esplanade North and provide way finding signage in the area to direct beach goers to the beach facility. 2. That Council investigates closing all but 6 car parking spaces in The Esplanade South and providing further parking in Esplanade North, North Head Rd, Riversea Lane, Dolphin Lane and New Brighton for foot traffic beach access. 3. That a further report is brought back to Council within 3 months of this date. 4. That Council considers the eventual outcome of the dune continuing to move west onto the Esplanade and this aspect be referred to the CMP. (Hunter/Lyon)
23-003	Resolved that Council adopts the following Committee Recommendation: Report No. 4.3 Myocum Quarry Update File No: I2022/1341 Committee Recommendation 4.3.1 That Council notes the contents of the report and support the rehabilitation of Lots 1 (DP591441) and 4 (DP1052900). (Hunter/Lyon)

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 4.1

Staff Reports - Infrastructure Services

Report No. 4.1 Land Acquisition - Item Requested by Cr Dey

Directorate: Infrastructure Services

Report Author: James Flockton, Infrastructure Planning Coordinator

File No: I2023/715

Summary:

This report is regarding at Item requested by Cr Dey:

I would like to pursue Land Acquisition and overcome it as an impediment to Council infrastructure improvements.

That the Committee discuss and advise Council on the merits (or otherwise) of acquiring land early in project development for locations like, by way of example:

1. a roundabout at the intersection of Clifford Street with Broken Head Road, Suffolk Park.

2. heavy vehicle turn radii at the intersections of Tincogan Street and Fern Streets with Station Street, Mullumbimby;

3. road realignment around causeway #2 on Main Arm Road, Upper Main Arm.

RECOMMENDATION:

That the committee note the report regarding Land Acquisition.

Report

Projects that involve land or easement acquisitions are always more difficult to deliver and have longer planning and design phases. Often projects are built prior to these dealings being finalised due to tight project funding deadlines which can lead to difficult close out scenarios where the landowner has the upper hand on Council.

Early land or easement acquisition is a staff preference and following recent difficulties, the Infrastructure Planning team have agreed that projects will not be committed to at a construction level until land or easement acquisitions processes are complete.

However, to ensure Council funds are being allocated to the correct land or easement acquisitions there requires a higher level of strategic planning than Council currently undertakes.

Council currently has a 10-year capital works program, but the program generally includes projects that are fundable under Council’s annual funding allocations. This is not sufficient for the bigger projects that typically require land or easement acquisitions. Bigger often grant funded projects don’t tend to be included due to the desire to balance budgets. Further grant projects are often tailored to a particular funding stream expectations.

In order to plan our capital road projects better and in turn plan early land or easement acquisitions we must first develop better ways of prioritising our future capital road projects. This prioritisation should also be based upon asset condition and road use data rather than political or key group desires.

Project that may need land or easement acquisitions include; intersection upgrades, road realignments, bridge or culvert replacements, drainage upgrades, flood mitigation, footpath or shared paths.

Comments on the projects listed by Cr Dey

1. a roundabout at the intersection of Clifford Street with Broken Head Road, Suffolk Park; This intersection has been modelled recently and the modelling supported traffic lights over a roundabout. The 2023/24 budget has a line item to investigate this further and obtain a final decision on the intersection’s treatment. This will guide any land acquisitions requirements.

2. heavy vehicle turn radii at the intersections of Tincogan Street and Fern Streets with Station Street, Mullumbimby; This intersection will need upgrade in the future and that will involve likely extensive land acquisition. Where this lies in Council’s priorities is not known and needs to better understand first to ensure we are obtaining land for projects that are likely to commence soon.

3. road realignment around causeway #2 on Main Arm Road, Upper Main Arm. This project allowed a 12-month planning and design period, which can be sufficient to obtain land. The budget allocation for the land acquisition was considered sufficient, however, negotiations with the land owner did not result in an affordable acquisition value therefore the only option to deliver the project in budget and to funding deadlines was to keep the existing road alignment.

On 14 December 2017 Council passed Resolution 17-685 - Traffic Signals in Byron Shire Council Area (I2017/1891) as follows:

1. That various traffic control solutions across the Shire be developed using a merit-based approach that considers the relevant constraints and context for each site.

2. That a range of technical and other guides be considered as possible guides for design of intersection and transport infrastructure in order that possible innovative solutions can be considered.

3. That an options report be presented to Council, where roundabout or traffic signals are being considered, which reviews all facets of the design process for each intersection traffic control measure, including the recommended solution for the intersection and the reasons why it should be used.

4. That the planned Ewingsdale Road/Bayshore Drive roundabout project proceed utilising the available grant funds.

5. That further investigation be undertaken for alternative solutions to a roundabout at Clifford Street/Broken Head Road, including traffic lights.

6. That the modelling for the updated MR545 study include options for traffic signals and other innovative solutions that may become apparent. (Cameron/Hackett)

Staff are supportive of the idea of early land or easement acquisition and welcome this discussion; however, Council first need to ensure suitable funding and resources are available to collect suitable data that can model intersections to advise which intersections are our priority intersections for improvement.

Further Council’s existing road condition data sets need to be used to guide and develop suitable forward plans to ensure we are upgrading our highest priority roads.

Resourcing

The Infrastructure Services, Works Infrastructure Planning team have three roles that cover this area: a Roads and Bridge Engineer, a Traffic and Transport engineer and a Flood and Drainage Engineer. Unfortunately, the realities of today’s world is that these roles receive so many; Customer Requests, Inwards Correspondence, Councillors Requests, Council Reports, Council Resolutions and projects to deliver that little time remains for the desired level of strategic project planning.

Additionally, Council’s asset team do not currently have the Asset Coordinator and Asset Management Systems Officer roles filled. These roles provide essential support to the Infrastructure Planning team developing forward plans.

In recent months the Infrastructure Planning team have been developing different ways of delivering projects via the use of contract project managers, this is a new direction with the aim of freeing staff time to spend more time developing strategic plans for assets under the Works team.

Further additional fully funded staff or changes in how we operate are required in order to resource the development and updating of these plans.

Data

Councils current annual budget allocation for traffic counts is $25,000 this collects our standard traffic counts and some special counts to support decisions around Customer Requests and Inwards Correspondence.

Additional budget is required to collect intersection counts on an annual or biannual basis to keep up to date with how intersection use changes. As well as budget to develop a set of intersection models and then model this data biannually in order to stay up to date with intersection use and change an Intersection priorities list as required.

Additional to this existing traffic data, crash data and asset condition data needs to be used to develop and then update annually a road network improvements plan.

Further the Works team are currently investigating systems to improve Customer Request and Inwards Correspondence processes and data collection to support strategic planning decision making. This system will also support programming and recording maintenance activities.

Key issues

Funding of data collection for improved strategic planning.

Funding or resourcing the development of robust strategic plans such an Intersection Priorities and Upgrade Plan, plus a Road Network Improvement Plan.

Next steps

Once these plans are in place, projects can be well developed, and future land or easement acquisitions can be planned and budgeted. Staff support the direction raised by Cr Dey, but at this time the organisations strategic direction is not considered mature enough to be making those decisions.

The following steps to this point are recommended:

1. Fill all vacant roles that support strategic asset planning

2. Fund additional data collection

3. Improve project delivery resource processes to free staff time for strategic planning

4. Improve Customer Request and Inwards Correspondence processes and data collection to support strategic planning decision making

5. Develop asset specific strategic plans that can guide budget development and allocations

6. Program projects and complete early land or easement acquisitions

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective	CSP Strategy	DP Action	Code	OP Activity
5: Connected Infrastructure We have connected infrastructure, transport, and facilities that are safe, accessible, and reliable	5.3: Invest in renewable energy and emerging technologies	5.3.1: Future needs - Plan for the infrastructure needs of the current and future population	5.3.1.1	Review and update 10 year Flood and Drainage Renewal and Upgrade program
5: Connected Infrastructure We have connected infrastructure, transport, and facilities that are safe, accessible, and reliable	5.3: Invest in renewable energy and emerging technologies	5.3.1: Future needs - Plan for the infrastructure needs of the current and future population	5.3.1.2	Review and update 10 year Stormwater Levy program
5: Connected Infrastructure We have connected infrastructure, transport, and facilities that are safe, accessible, and reliable	5.3: Invest in renewable energy and emerging technologies	5.3.1: Future needs - Plan for the infrastructure needs of the current and future population	5.3.1.3	Review and update 10 year Roads and Bridge Renewal and Upgrade program
5: Connected Infrastructure We have connected infrastructure, transport, and facilities that are safe, accessible, and reliable	5.3: Invest in renewable energy and emerging technologies	5.3.1: Future needs - Plan for the infrastructure needs of the current and future population	5.3.1.4	Review and update 10 year Active Transport Renewal and Upgrade program

Recent Resolutions

17-685

Legal/Statutory/Policy Considerations

Council generally needs to own either the land or an easement over the land it is building its infrastructure within. There are processes available to complete works while a land or easement acquisition is finalised, however, they carry risks and should not be used unless absolutely necessary.

Councils have broad roles and responsibilities in their communities, including the provision of facilities and the supply of public services, for example, the widening of roads, increased community park areas, or the expansion of water and sewerage services. It is recognised that a council will sometimes need to acquire land, or an interest in land such as an easement, to achieve its roles and responsibilities as its community’s needs change.

A council’s powers to acquire land or an interest in land for the purpose of exercising its functions are derived from section 177 of the Roads Act 1993 (for roads purposes) and from section 186 of the Local Government Act 1993 (for all other purposes). A council’s power to acquire land or in interest in land is non-delegable and the decision to undertake the acquisition must be made by a resolution of the council. Section 178 of the Roads Act 1993 and section 187 of the Local Government Act 1993 authorises a council to acquire such land or interest in land by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation Act) 1991.

The acquisition process is governed by the Land Acquisition (Just Terms Compensation) Act 1991. Councils must also ensure they are in compliance with the Property Acquisition Standards, the Minimum Requirements – Minimum Negotiation Period for Acquisition of Land, and the Minimum Requirements – Owner-Initiated Acquisition in Cases of Hardship.

In accordance with section 178 of the Roads Act 1993 and section 187 of the Local Government Act 1993,a council may not give a proposed acquisition notice under the Land Acquisition (Just Terms Compensation) Act 1991 without the approval of the Minister for Local Government.

Having regard to the above Council should not speculate on land acquisitions. The land acquisition process should be reserved for specifically identified projects and where it is supported by a resolution of Council.

Financial Considerations

Previous 10-year plans have been developed around balancing budgets within projected budget allocations. This process may need to be reviewed to locate future desirable grant funded projects that require early land or easement acquisitions.

Consultation and Engagement

Nil

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 4.2

Report No. 4.2 2023/24 Capital Works Program

Directorate: Infrastructure Services

Report Author: Samuel Frumpui, Manager Works

File No: I2023/986

Summary:

To provide the Committee a status report on the progress of the 2023/24 Local Roads Capital Works Program in conjunction with the (10) year Capital Works Program – all assets.

Updates on all Infrastructure Services Capital Works projects will be provided at the meeting via Council’s Project Management Control system, Pulse.

RECOMMENDATION:

That Council notes the report and actions being taken in delivering the 2023/24 Capital Works Program.

Attachments:

1 Capital Works Program FY 23-24, E2023/65383 , page 25 ⇩

Report

Attached to this report are the programs of approved capital works for 2023/24.

Report also outlines current project being delivered.

Works currently in Progress:

· Bayshore Drive roundabout

· Myocum Rd Safer Roads Project

· Mullumbimby Skate Park Access Road

· Murwillumbah Crossing

· Main Arm Road Causeway 2 Replacement

· Jonson St Traffic Islands & AC

· Manns Road Pavement Reconstruction

· Rajah Rd Drainage

Status reports of the delivery of the 2023/24 Local Roads Capital Works Program will be provided to each meeting of the Transport and Infrastructure Advisory Committee during this FY.

Key issues

· Grant Fundings and delivery timeframes

· Design

· EPAR Approvals

· Resourcing

There are no negative impacts proposed in this report, except delivery of Flood Damage Scope, per the EPAR. Consideration towards the approval process, Council resourcing, design and construction.

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective		CSP Strategy		DP Action		Code		OP Activity
	5: Connected Infrastructure We have connected infrastructure, transport, and facilities that are safe, accessible, and reliable		5.1: Provide a safe, reliable, and accessible transport network		5.1.5: Restore road network - Restore the affected parts of the road network that were impacted by the 2022 flood events		5.1.5.1		Flood Damage Repair program
	5: Connected Infrastructure We have connected infrastructure, transport, and facilities that are safe, accessible, and reliable		5.2: Connect the Shire through integrated transport services		5.2.2: Public transport - Advocate for public transport services across Byron Shire that are convenient, regular, and easy to access		5.2.2.1		Advocate and apply for grants that improve accessibility to various transport options across the shire

Recent Resolutions

Nil

Legal/Statutory/Policy Considerations

Nil

Financial Considerations

Previous 10-year plans have been developed around balancing budgets within projected budget allocations.

Most projects are fully funded by Council for delivery in 2023/24.

Noting grant funded projects and EPAR’s which will be funded via NSW State Government.

Adjustments to project budgets to reflect budget savings or additional costs are managed by either:

· Separate report to Council.

· Inclusion in September, December, March or June (end of year) Quarterly Financial Review.

Consultation and Engagement

Nil

Venue	Conference Room, Station Street, Mullumbimby
Date	Thursday, 29 June 2023
Time	4.30pm