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

File No: I2023/1390

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 9⇩

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 23 May 2023.

Comments

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

23-217

Resolved that Council adopts the following recommendations:

Report No. 4.2 New Brighton Parking Options Investigation

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.

23-218

Resolved that Council adopts the following Committee Recommendation:

Report No. 4.3 Myocum Quarry Update

Committee Recommendation 4.3.1

That Council notes the contents of the report and support the rehabilitation of Lots 1 (DP591441) and 4 (DP1052900).

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 4.1

Staff Reports - Infrastructure Services

Report No. 4.1 Shire Wide Pedestrian Crossing Upgrades

Directorate: Infrastructure Services

Report Author: Shelley Flower, Road Safety Officer

File No: I2023/1142

Summary:

Council’s Infrastructure Planning team have reviewed existing zebra style pedestrian crossings across the Shire in order to ensure compliance, asset maintenance and community safety. This report provides recommendations for staged upgrade of these crossings for review by Council.

RECOMMENDATION:

That Council endorse the proposed upgrade program for Byron Shire zebra crossings, subject to funding availability.

Report

Background

Council has received significant community feedback in relation to safety concerns at various pedestrian crossings around the Shire. Rather than providing ad-hoc solutions, Council has chosen to take a holistic approach and assess all existing pedestrian zebra crossings to ensure they are fit for purpose and align with current NSW road safety standards. This will help to ensure that upgrade works can be prioritised and planned appropriately.

Proposed Upgrade Program

The below table and locality maps identify the locations of the 17 zebra crossings which are located in Bangalow (1), Brunswick Heads (3), Byron Bay (3) and Mullumbimby (10). All of these are zebra crossings except for two in Byron Bay which are raised wombat crossings (as noted in table below).

We have ranked these crossing upgrades in order of priority by undertaking a risk assessment on each location. This assessment focussed on the likelihood of pedestrian crashes based on traffic volume, crash data, road alignment, existing infrastructure, etc.

The following crossings have been identified as the highest priority (refer Table 1 below):

· Jubilee Avenue, Mullumbimby (located outside Mullumbimby High School)

· Argyle Street, Mullumbimby (located near to Mullumbimby Primary School)

· Station Street, Mullumbimby (located adjacent to Council’s office)

· Byron Street, Bangalow

· Burringbar Street (west), Mullumbimby (adjacent to Station St crossing)

Table 1: Byron Shire zebra/wombat crossings (including prioritisation)

No.	Priority Ranking	Location	Street	Comments
1	4	Bangalow	Byron Street	· Only zebra crossing in Bangalow · High volume road
2	13	Brunswick Heads	Tweed Street	· High volume road
3	14	Brunswick Heads	Fingal Street	· High volume secondary road
4	15	Brunswick Heads	Mullumbimbi Street	· High volume secondary road
5	10	Byron Bay	Jonson Street (north)	· High volume road
6	11	Byron Bay	Jonson Street	· High volume road · Wombat crossing
7	12	Byron Bay	Jonson Street (south)	· High volume road · Wombat crossing
8	2	Mullumbimby	Argyle Street	· School crossing
9	3	Mullumbimby	Station Street	· High volume intersection with poor alignment / sight distances · May be upgraded as part of the Burringbar St project
10	8	Mullumbimby	Burringbar Street (east)	· High volume intersection · May be upgraded as part of the Burringbar St project
11	7	Mullumbimby	Burringbar Street	· High volume intersection · May be upgraded as part of the Burringbar St project
12	5	Mullumbimby	Burringbar Street (west)	· High volume intersection · May be upgraded as part of the Burringbar St project
13	6	Mullumbimby	Stuart Street	· High volume intersection · May be upgraded as part of the Burringbar St project
14	9	Mullumbimby	Dalley Street	· High volume intersection · May be upgraded as part of the Burringbar St project
15	N/A	Mullumbimby	Tincogan Street	· Recently completed
16	N/A	Mullumbimby	Murwillumbah Road	· School crossing · Upgrade already underway
17	1	Mullumbimby	Jubilee Avenue	· School crossing · There have been a number of incidents at this location

Figure 1: Bangalow zebra crossing (shown red)

Figure 2: Brunswick Heads zebra crossings (shown red)

Figure 3: Byron Bay zebra crossings (shown red)

Figure 4: Mullumbimby zebra crossings (shown red)

Funding

Council staff propose to use the following funding sources, where available:

1. Existing infrastructure projects in the vicinity of the crossings,

2. The annual Access Ramp and Footpath Upgrade and Renewal Program (ARFURP) budget,

3. External grant opportunities.

However, as Council’s budget has already been set, we propose to upgrade only the highest risk crossing this financial year using the ARFURP budget. This is the crossing located outside Mullumbimby High School on Jubilee Avenue (see location map below).

Figure 5: Mullumbimby High School pedestrian crossing (circled in red)

Figure 6: Jubilee Avenue, Mullumbimby zebra crossing street view (current)

(image courtesy Google Streetview October 2022)

This crossing has the following safety concerns:

· High volume of vehicular traffic on Jubilee Ave,

· A number of near miss incidents involving cars and pedestrians,

· Poor driver sight distances caused by the existing fence,

· Pedestrian access is not supervised, as TfNSW do not provide crossing supervisors for high schools,

· Pedestrians crossing multiple lanes of traffic (i.e. bus lane and main carriageway).

We believe the following interim upgrades should help improve the above safety issues, until longer term works can be completed:

· Install red paint around white zebra line marking (refer Fig 8).

· Potentially remove existing pedestrian fencing and consider a minimised pedestrian channelisation treatment while constructing a staggered pedestrian crossing with high vis. red zebra treatment. A two-stage staggered treatment encourages users to stop and look at each stage of their movement (refer Fig 7).

· Install entry treatment to differentiate bus lane from main carriageway, in lieu of the existing fence (refer Fig 9).

· Consider the installation of speed cushions on approaches to crossing. However, Jubilee Ave functions as a high order movement corridor for Mullumbimby and this treatment will function outside the pedestrian and traffic peak periods and may not be appropriate.

· Upgrade/refresh lighting, line marking and signage.

We estimate the cost for these works to be $80K. The remaining budget for ARFURP this FY is $110k, which will leave $30k for other operational works.

Figure 7: Example of proposed staggered pedestrian crossing

Figure 8: Example of hi-vis red paint on crossing

Figure 9: Examples of entry treatments to bus lane

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective	CSP Strategy	DP Action	Code	OP Activity
5: Connected Infrastructure	5.1: Provide a safe, reliable, and accessible transport network	5.1.3: Active transport - pedestrians and cycleways - Deliver the actions identified in the Pedestrian Access and Mobility Plan and in the Bike Plan	5.1.3.7	Undertake access ramps and footpaths works program

Recent Resolutions

Nil

Legal/Statutory/Policy Considerations

• Disability Discrimination Act 1992 (Cth), section 3 and section 32.

• Disability Standards for Accessible Public Transport (the ‘DSAPT’)

Financial Considerations

Council staff propose to use the annual access ramp and footpath upgrade and renewal program budget to fund one crossing upgrade each financial year. Refer Funding section for more detail.

Consultation and Engagement

Council staff have had ongoing meetings and correspondence with the following stakeholders in relation to Mullumbimby High School road safety issues:

· Mullumbimby High School

o previous Principal, Greg Armstrong

o current Acting Principal, Kelly Spilstead

· Transport for NSW

o Associate Community & Safety Partner, Alexie Miller

· Department of Education

o Asset Services Officer, Glen Barber

o Sustainable Transport Technical Advisor, Rebecca Lehman

Further detailed consultation will be undertaken prior to works commencing.

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 4.2

Report No. 4.2 Maintenance Programs 23/24 FY – Sealed Road, Stormwater Drainage and Grading Programs

Directorate: Infrastructure Services

Report Author: Kirk Weallans, Operations Coordinator - IS

File No: I2023/1265

Summary:

To provide the Committee a status report on the 2023/2024 reseal, resheeting/grading and stormwater drainage programs.

RECOMMENDATION:

That the Infrastructure Advisory Committee note the report.

Attachments:

1 Resheeting_Grading Program 2023_24, E2023/90891 , page 31 ⇩

2 Drainage Program 23_24, E2023/90892 , page 32⇩

3 Reseal and Heavy Patching Program 2023/24, E2023/91133 , page 33⇩

Report

Sealed Roads

As part of its adopted budget, Council has allocated $1,250,000 (excluding grants) to reseal its road network.

Resealing is a routine pavement maintenance procedure which is essential to waterproof and thus prolong the life of the pavement, as well as provide the required surface texture necessary for skid resistance.

Reseals should be carried out every 5 -15 years, depending upon condition, traffic counts and more frequently in some situations.

The reseal program is based on an assessment of current pavement conditions and seal history with priority generally given to higher trafficked roads.

Heavy patching is undertaken when there are larger sections of road that are badly damaged or deformed. Council has allocated $338,000 for heavy patching (excluding grants).

The reseal and heavy patching program is still be finalised and costed by Council Officers. The attached list (Reseal and Heavy Patching Program 2023/24, E2023/91133) provides an overview of the shortlisted roads which will be curtailed based on available funding.

Resheeting/Grading

As part of its adopted budget, Council has allocated $785,000 to resheet/grade its gravel road network.

Resheeting/grading frequency is largely dependent on traffic and weather. Roads are prioritised based on risk and locality. Roads located within a certain area are generally grouped together within the program (refer attachment Resheeting_Grading Program 2023_24, E2023/90891) to achieve economy.

Council does not have a sufficient budget to undertake resheeting/grading on the road network continuously for the financial year. The current program extends to November and is based on existing Council priorities. The program will be review later in the year with additional roads to be added based on a priority basis and subject to available budget. This flexibility allows the Council to incorporate additional roads into the program based on the availability of external funding and the urgency of repairs.

Council is expecting to be awarded funding from the State Government to undertake grading on roads that experience significant damage during the February 2022 flood event. Once this funding has been approved the grading program and priorities will be revised accordingly.

Stormwater Drainage

As part of its adopted budget, Council has allocated $1,115,000 to undertake stormwater drainage maintenance within the shire.

The attached program (Drainage Program 23_24, E2023/90892) is based on a nominal allocation of 70% for planned maintenance and 30% for reactive maintenance. When worked is deemed reactive crews will be redeployed as required and consequently planned maintenance timeframes is augmented. The attached program is based off an average daily crew rate and productivity. In reality both of these factors vary depending on maintenance history and asset type. The productivities are for open drain clearing and do not include addressing more significant CRMs.

It is not meaningful to provide a more granular for program drainage maintenance. Council drainage maintenance is limited and does not allow for planned maintenance to be undertaken on all drainage infrastructure each year.

The attached drainage program does not show future reactive works as it is not possible to program these works.

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective	CSP Strategy	DP Action	Code	OP Activity
5: Connected Infrastructure	5.1: Provide a safe, reliable, and accessible transport network	5.1.2: Road renewal and upgrades - Deliver road renewal and upgrade capital works program	5.1.2.1	Continue to deliver road network annual reseal program
5: Connected Infrastructure	5.1: Provide a safe, reliable, and accessible transport network	5.1.1: Road network maintenance - Undertake road and transport network maintenance to meet the standards identified in the Asset Management Plan	5.1.1.3	Continue to deliver annual gravel resheeting program
5: Connected Infrastructure	5.1: Provide a safe, reliable, and accessible transport network	5.1.1: Road network maintenance - Undertake road and transport network maintenance to meet the standards identified in the Asset Management Plan	5.1.1.1	Continue to deliver annual urban drainage maintenance program
5: Connected Infrastructure	5.1: Provide a safe, reliable, and accessible transport network	5.1.1: Road network maintenance - Undertake road and transport network maintenance to meet the standards identified in the Asset Management Plan	5.1.1.2	Continue to deliver annual rural drainage maintenance program
5: Connected Infrastructure	5.5: Provide continuous and sustainable water and sewerage management	5.5.3: Storm-water - Provide stormwater infrastructure to manage flood mitigation and improve social and environmental outcomes	5.5.3.5	Conduct annual stormwater capital maintenance renewal works program

Legal/Statutory/Policy Considerations

Nil

Financial Considerations

Works are limited by Council budget allocations.

Consultation and Engagement

Nil

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 4.3

Report No. 4.3 Capital Works Program 2023/24

Directorate: Infrastructure Services

Report Author: Samuel Frumpui, Manager Works

Zach Fryer, Construction Coordinator

James Flockton, Infrastructure Planning Coordinator

File No: I2023/1368

Summary:

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

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

RECOMMENDATION:

That the Committee notes the 2023/24 Capital Works Program and 10-year Capital Works program.

Attachments:

1 Works 10 Year Plan 2024-25 to 2033-34 Capital Budget for Infrastructure Advisory Committee, E2023/94997 , page 40 ⇩

2 Design & Construction Capital Works Program 2023/24, I2023/1401 , page 46 ⇩

Report

Attached to this report is the 10 year plan from 2024/25 onwards (attachment 1) and the approved capital works program for 2023/24 (attachment 2).

Report also outlines projects/programs currently being delivered, completed and future works for this year.

10 Year Plan 2024/25 onwards

The works team maintain a 10-year plan that is updated each year as part of the annual budget process. The update process commences in August each year and is concluded in December each year. Following this the plan is escalated internally for consideration and then to Council and community consultation process.

Attachment 1 is not a completed review, the current review has commenced, but is not complete, therefore this document is a work in progress. The budget is not currently balanced against available budgets and will need to change to balance the budgets.

It is noted that this plan is balanced each year against available projected budgets. It does not reflect the real needs of our infrastructure network. It aims to strike a mix of renewals, upgrade and new assets, that allow staff to seek grant funds with Council’s contributions for new works or upgrades while also completing essential renewal works.

Annual budgets are not sufficient to meet the renewal needs of Council, this is unlikely to ever change, therefore, staff have the difficult task of working out which are the most urgent works and carry the most risk to Council. Staff also try to ensure the program represents the best value for money for Council, this may result in the program looking unusual, but it will represent the best way of spending Council funds.

Capital Works Program 2023/24

Completed Projects:

· Main Arm Road Causeway 2 Replacement

Scope: Replacement of old causeway with new box culverts. New road pavement and new culvert to be 2 lanes wide.

· Wordsworth Street Parking Upgrade – Byron Bay

Scope: Installation of kerb & gutter, new drainage and rehab of pavement.

· Gloria Street (East), Robin Street, Peter Street & Royal Avenue - Infiltration Pits- South Golden Beach

Scope: Installation of new infiltration pits, linking existing pits with subsoil drainage

Active Projects:

· Linda Vidler Drainage Upgrade

· Left Bank Road Pavement & Drainage Works

· Fern Street Shared Path

· Carlyle Street Road Renewal – Byron Bay

Future Projects:

· Prince Street Pavement Rehabilitation

· Strand Avenue Pavement Rehabilitation

· River Terrace Pavement Rehabilitation

· Rajah Road Drainage

· Bayshore Drive - Road Renewal and Shared Path

· Mullumbimby Recreation Grounds Carpark

Staff have also reviewed and allowed, in the interim, delivery of flood damage scope of works, pending approval outcomes from Transport NSW in the second half of the fiscal year, January to June 2024. However, this is all outside our control when those EPAR works will be approved and can be programmed accordingly.

Our intentions are to be well-prepared to deliver both the internal capital works program and a portion of the flood damage scope efficiently and effectively.

We are dedicated to resource allocation, staff development, and maintaining the flexibility required to respond promptly to any changes in funding or scope.

Key issues

· NSW Reconstruction EPAR Approval impacts

· Grant Fundings and delivery timeframes

· Design - shovel ready projects

· Resourcing

There are no negative impacts proposed in this report, except for the key issues already noted above which may impact the program.

Currently, with no approved EPAR for Construction Team to deliver, staff are working along with other directorates to ensure other grant funded projects can be delivered using internal capital works teams.

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

Capital Works 10-year program have been developed around balancing budgets within projected budget allocations.

Most projects are fully funded by Council for delivery in 2023/24, with additional funding from State and Federal.

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, 21 September 2023
Time	4.30pm