Local Traffic Committee
Business Paper
date of meeting: |
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Wednesday, 6 November 2013 |
location: |
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Committee Room, Port Macquarie-Hastings Council, 17 Burrawan Street, Port Macquarie |
time: |
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10.30am |
CHARTER
The Local Traffic Committee is formed under the NSW Roads & Traffic Authority "A Guide to the Delegation to Councils for the Regulation of Traffic (including the operation of Traffic Committees) November 2006"
Formal (Voting) Members
Port Macquarie-Hastings Council
Roads & Traffic Authority
NSW Police
Local Member for Port Macquarie
Local Member for Oxley
Informal (Non-Voting) Advisors
Road Safety Officer
Ministry of Transport
NSW Fire Brigade
NSW Ambulance Service
Local Bus Company/s
Transport Workers Union
Chambers of Commerce
Informal advisors are only required to attend the LTC when items appear on the agenda which affect their area of expertise or responsibility
Quorum
There is no need for a specific quorum to allow a Committee meeting to proceed. The advice of the Roads & Traffic Authority and the NSW Police must be sought to allow Council to exercise its delegated authority.
Convenor
The Committee shall be convened by the Council voting representative. It shall be the responsibility of the convenor to ensure the conduct of the meeting including voting, informal advisor, public and media participation is undertaking in accordance with the RTA Guidelines.
Roles
· To advise Council on traffic related matters referred to the Committee
· To ensure matters referred to the Committee meets current technical guidelines
· To ensure matters referred to the Committee for which Council has delegated authority are voted upon.
Administration
Councils Technical Services Section is responsible for the co-ordination of Committee advice, scheduling of meetings, preparation and circulation of meeting minutes and providing general support services to the Committee. The Section is also responsible for providing advice in relation to the conduct of meetings.
Delegations
Council has delegations to authorise traffic control facilities and devices as prescribed in the Delegations to Councils Regulation of Traffic October 2001.
Council has sub-delegated its powers in respect of Division 1 of Part 4 of the Road Transport (Safety and Traffic Management ) Act 1999 and Division 2 of Part 5 of the Road Transport (Safety and Traffic Management ) (Road Rules) Regulation 1999 to the Director of Infrastructure Services and the Technical Services Manager.
Local Traffic Committee
ATTENDANCE REGISTER
Member |
05/06/13
|
03/07/13
|
07/08/13
|
04/09/13
|
02/10/13
|
Mayor Peter Besseling (PMHC) Councillor Trevor Sargeant (alternate) |
P
|
P
|
P
|
P
|
A
P
|
Cliff Toms David Troemel (alternate) (PMHC) |
A
|
P
|
A
|
X |
X |
John Carrero Paul Dilley (alternate) Anthony Brown (alternate) (NSW Police) |
P
|
P
|
P
|
X |
P
|
Daniel Boorman Ian Shanahan (alternate) (RMS) |
A P
|
P
|
A
|
A
|
PV |
John Simon (Rep. Member for Port Macquarie) |
P
|
A
|
P
|
A
|
P
|
Noel Atkins Andrew Stoner (alternate) (Rep. Member for Oxley) |
A
|
P
|
P
|
P
|
A
|
Non-voting: |
|
|
|
|
|
Dave Davies (Busways) |
X |
X |
X |
X |
X |
Nick Gainsford (PMHC Road Safety Officer) |
X |
X |
X |
X |
X |
Jacob Harty (PMHC Trainee Traffic Engineer) |
P
|
P
|
X |
X |
X |
John Hanlon (PMHC - Transport & Traffic Engineer) |
P
|
X |
P
|
P
|
P
|
Steve Read (Port Macquarie Taxis) |
A
|
P
|
A
|
X |
X |
Jaron Gawne (Busways) |
P
|
P
|
P
|
P
|
P
|
Phillip Marshal (PMHC Admin. Officer) |
A
|
A
|
P
|
P
|
P
|
Key: P = Present
PV = Proxy Vote
A = Absent With Apology
X = Absent Without Apology
Wednesday, 6 November 2013
Items of Business
Item Subject Page
01 Acknowledgement of Country............................................................................ 1
02 Apologies......................................................................................................... 1
03 Confirmation of Minutes.................................................................................... 1
04 Disclosures of Interest..................................................................................... 10
05 Local Traffic Committee Meeting Dates for 2014............................................... 14
06 Countdown to Christmas 2013 Event ............................................................... 15
07 Informal Item - Status Report............................................................................ 19
08 General Business
AGENDA Local Traffic Committee 06/11/2013
Item: 01
Subject: ACKNOWLEDGEMENT OF COUNTRY
"I acknowledge that we are gathered on Birpai Land. I pay respect to the Birpai Elders both past and present. I also extend that respect to all other Aboriginal and Torres Strait Islander people present."
Subject: APOLOGIES
RECOMMENDATION
That the apologies received be accepted.
Subject: CONFIRMATION OF PREVIOUS MINUTES
Recommendation
That the Minutes of the Local Traffic Committee Meeting held on 2 October 2013 be confirmed.
MINUTES Local Traffic Committee Meeting
2/10/2013
PRESENT
Members:
Councillor Trevor Sargeant (Chair)
Paul Dilley (NSW Police)
John Simon (Rep. Member for Port Macquarie)
Daniel Boorman (RMS) (by Email proxy vote)
Other Attendees:
John Hanlon (PMHC - Transport & Traffic Engineer)
Jaron Gawne (Busways)
Phillip Marshall (PMHC Admin. Officer)
The meeting opened at 10.31am. |
01 ACKNOWLEDGEMENT OF COUNTRY |
The Acknowledgement of Country was delivered. |
02 APOLOGIES |
PMHC Administration Officer
(Phil Marshall) tabled the following changes to the process for recording
apologies from voting members where a proxy vote has been submitted. 1. A voting member who submits a proxy vote will remain
listed as attending. 2. The following note is to be appended to the voting
members name; 3. On creation of the Attendance Register for the next Agenda a flag (PV) will be placed in the respective LTC date cell, indicating the voting member placed a proxy vote.
CONSENSUS:
That: 1. The apologies received from Noel Atkins (Rep. Member for Oxley); Mayor Peter Besseling (PMHC); Daniel Boorman (RMS); Deputy Mayor (Adam Roberts) be accepted. 2. The above process be noted. |
03 CONFIRMATION OF MINUTES |
That the Minutes of the Local Traffic Committee Meeting held on 4 September 2013 be confirmed.
Council Y RMS AB Police Y Local Member for Port Macquarie (Rep) Y Local Member for Oxley (Rep) Y (proxy) |
04 DISCLOSURES OF INTEREST
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There were no disclosures of interest presented. |
RMS Representative (Ian Shanahan) submitted the RMS consensus for this report by Email.
CONSENSUS:
The Committee gave unanimous support for the road closure of the northern end of Horton Street (north of Clarence Street) on Thursday 28 November 2013 from 5.30pm to 9.00pm to allow the Countdown to Christmas (Lighting of the CBD Christmas Tree) to be staged.
Council Y RMS Y (proxy) Police Y Local Member for Port Macquarie (Rep) Y |
RMS Representative (Ian Shanahan) submitted the RMS consensus for this report by Email.
CONSENSUS: The LTC Status reports as at 26 August 2013 and 20 September 2013 was received and noted.
Council Y RMS Y (proxy) Police Y Local Member for Port Macquarie (Rep) Y Local Member for Oxley (Rep) AB |
12 GENERAL BUSINESS |
12.01 Thank You For The Prompt Action Re Vegetation Maintenance Of Ocean Drive Roundabout:
The representative for the Local Member for Port Macquarie (John Simon) thanked Council on behalf of Lesley Williams and himself, for the prompt action in maintaining the vegetation at the roundabouts along Ocean Drive between Crestwood Drive and Matthew Flinders Drive.
A request was also made to maintain the vegetation at the Oxley Highway and Lake Road roundabout with a view to improve the sight distance for motorists.
CONSENSUS:
The committee gave majority support for Councils Transport and Traffic Engineer to pass on the thank you to Councils Transport Maintenance and Renewal Works section and to request the following works;
1. Rectify the sight distance due to overgrown vegetation on the roundabout at the Oxley Highway and Lake Road intersection.
Council Y RMS AB Police Y Local Member for Port Macquarie (Rep) Y
12.02 NSW Police Seeking Clarification As To The Correct Version Of The Various Roads Act Listed In Page 2 Of The Agenda:
NSW Police representative (Paul Dilley) requested clarification as to the correct versions of the NSW Road acts as listed on page 2 of the Local Traffic Committee agenda.
CONSENSUS:
The committee gave majority support for Councils Transport and Traffic Engineer to pass on to RMS representative (Daniel Boorman) for clarification and report back to this committee. What are the correct versions of the NSW Road acts that relate to the delegation to councils for the regulation of traffic? Specifically those listed in page 2 of the LTC agenda as follows;
1. Council has delegations to authorise traffic control facilities and devices as prescribed in the Delegations to Councils Regulation of Traffic October 2001.
2. Council has sub-delegated its powers in respect of Division 1 of Part 4 of the Road Transport (Safety and Traffic Management ) Act 1999 and Division 2 of Part 5 of the Road Transport (Safety and Traffic Management ) (Road Rules) Regulation 1999
Council Y RMS AB Police Y Local Member for Port Macquarie (Rep) Y Local Member for Oxley (Rep) AB |
The meeting closed at 10.53am. |
AGENDA Local Traffic Committee 06/11/2013
Item: 04
Subject: DISCLOSURES OF INTEREST
RECOMMENDATION
That Disclosures of Interest be presented
DISCLOSURE OF INTEREST DECLARATION
Name of Meeting: ..
Meeting Date: ..
Item Number: ..
Subject: ..
. ... ..
I, ..................................................................................... declare the following interest:
Pecuniary:
Take no part in the consideration and voting and be out of sight of the meeting.
Non-Pecuniary - Significant Interest:
Take no part in the consideration and voting and be out of sight of the meeting.
Non-Pecuniary - Less than Significant Interest:
May participate in consideration and voting.
For the reason that: ....................................................................................................
.......................................................................................................................................
Signed: ......................................................................... Date: ..................................
(Further explanation is provided on the next page)
Further Explanation
(Local Government Act and Code of Conduct)
A conflict of interest exists where a reasonable and informed person would perceive that a Council official could be influenced by a private interest when carrying out their public duty. Interests can be of two types: pecuniary or non-pecuniary.
All interests, whether pecuniary or non-pecuniary are required to be fully disclosed and in writing.
Pecuniary Interest
A pecuniary interest is an interest that a Council official has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the Council official. (section 442)
A Council official will also be taken to have a pecuniary interest in a matter if that Council officials spouse or de facto partner or a relative of the Council official or a partner or employer of the Council official, or a company or other body of which the Council official, or a nominee, partner or employer of the Council official is a member, has a pecuniary interest in the matter. (section 443)
The Council official must not take part in the consideration or voting on the matter and leave and be out of sight of the meeting. (section 451)
Non-Pecuniary
A non-pecuniary interest is an interest that is private or personal that the Council official has that does not amount to a pecuniary interest as defined in the Act.
Non-pecuniary interests commonly arise out of family, or personal relationships, or involvement in sporting, social or other cultural groups and associations and may include an interest of a financial nature.
The political views of a Councillor do not constitute a private interest.
The management of a non-pecuniary interest will depend on whether or not it is significant.
Non Pecuniary Significant Interest
As a general rule, a non-pecuniary conflict of interest will be significant where a matter does not raise a pecuniary interest, but it involves:
(a) A relationship between a Council official and another person that is particularly close, for example, parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child of the Council official or of the Council officials spouse, current or former spouse or partner, de facto or other person living in the same household.
(b) Other relationships that are particularly close, such as friendships and business relationships. Closeness is defined by the nature of the friendship or business relationship, the frequency of contact and the duration of the friendship or relationship.
(c) An affiliation between a Council official an organisation, sporting body, club, corporation or association that is particularly strong.
If a Council official declares a non-pecuniary significant interest it must be managed in one of two ways:
1. Remove the source of the conflict, by relinquishing or divesting the interest that creates the conflict, or reallocating the conflicting duties to another Council official.
2. Have no involvement in the matter, by taking no part in the consideration or voting on the matter and leave and be out of sight of the meeting, as if the provisions in section 451(2) apply.
Non Pecuniary Less than Significant Interest
If a Council official has declared a non-pecuniary less than
significant interest and it does not require further action, they must provide
an explanation of why they consider that the conflict does not require further
action in the circumstances.
SPECIAL DISCLOSURE OF PECUNIARY INTEREST DECLARATION
By [insert full name of councillor] |
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In the matter of [insert name of environmental planning instrument] |
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Which is to be considered at a meeting of the [insert name of meeting] |
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Held on [insert date of meeting] |
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PECUNIARY INTEREST
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Address of land in which councillor or an associated person, company or body has a proprietary interest (the identified land)i |
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Relationship of identified land to councillor [Tick or cross one box.] |
Councillor has interest in the land (e.g. is owner or has other interest arising out of a mortgage, lease trust, option or contract, or otherwise).
Associated person of councillor has interest in the land.
Associated company or body of councillor has interest in the land. |
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MATTER GIVING RISE TO PECUNIARY INTEREST
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Nature of land that is subject to a change in zone/planning control by proposed LEP (the subject land iii [Tick or cross one box] |
The identified land.
Land that adjoins or is adjacent to or is in proximity to the identified land. |
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Current zone/planning control [Insert name of current planning instrument and identify relevant zone/planning control applying to the subject land] |
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Proposed change of zone/planning control [Insert name of proposed LEP and identify proposed change of zone/planning control applying to the subject land] |
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Effect of proposed change of zone/planning control on councillor [Tick or cross one box] |
Appreciable financial gain.
Appreciable financial loss. |
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Councillors Signature: . Date: ..
Important Information
This information is being collected for the purpose of making a special disclosure of pecuniary interests under sections 451 (4) and (5) of the Local Government Act 1993. You must not make a special disclosure that you know or ought reasonably to know is false or misleading in a material particular. Complaints made about contraventions of these requirements may be referred by the Director-General to the Local Government Pecuniary Interest and Disciplinary Tribunal.
This form must be completed by you before the commencement of the council or council committee meeting in respect of which the special disclosure is being made. The completed form must be tabled at the meeting. Everyone is entitled to inspect it. The special disclosure must be recorded in the minutes of the meeting.
i. Section 443 (1) of the Local Government Act 1993 provides that you may have a pecuniary interest in a matter because of the pecuniary interest of your spouse or your de facto partner or your relativeiv or because your business partner or employer has a pecuniary interest. You may also have a pecuniary interest in a matter because you, your nominee, your business partner or your employer is a member of a company or other body that has a pecuniary interest in the matter.
ii. Section 442 of the Local Government Act 1993 provides that a pecuniary interest is 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. 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 the matter or if the interest is of a kind specified in section 448 of that Act (for example, an interest as an elector or as a ratepayer or person liable to pay a charge).
iii. A pecuniary interest may arise by way of a change of permissible use of land adjoining, adjacent to or in proximity to land in which a councillor or a person, company or body referred to in section 443 (1) (b) or (c) of the Local Government Act 1993 has a proprietary interestsee section 448 (g) (ii) of the Local Government Act 1993.
iv. Relative is defined by the Local Government Act 1993 as meaning your, your spouses or your de facto partners parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child and the spouse or de facto partner of any of those persons.
Item: 05
Subject: Local Traffic Committee Meeting Dates for 2014
Presented by: Infrastructure & Asset Management, Jeffery Sharp
That the Committee support the following Local Traffic Committee Meeting (LTC) dates for 2014.
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Discussion
These are the proposed meeting dates for the Local Traffic Committee for 2014.
Attachments
Nil |
AGENDA Local Traffic Committee 06/11/2013
Item: 06
Subject: Countdown to Christmas 2013 Event
Presented by: Community & Organisational Development, Lesley Atkinson
1. That the Committee support the road closure of Horton Street, from the intersection of William Street through to its northern end (north of Clarence Street) to allow a Street Parade and Fun Run(s) on Thursday 28 November 2013 from 5.30pm. 2. That the committee support the road closure of the first 20m of Horton Street (south) from the corner of William Street and Horton Street to the Turn Around Bay (north bound only) to allow the assembly of the participants in the Fun Run(s) to commence prior to the Street Parade. 3. That the proposed road closure along Horton Street to be a rolling road closure with Horton Street to reopen once the parade passes through the Clarence Street intersection. The northern end of Horton Street to be remain closed until approximately 9.00pm (LTC approval granted for Northern End of Clarence Street Road Closure to remain in place at meeting held on 2/10/2013).
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Discussion
Port Macquarie-Hastings Council in association with members of the Port Macquarie Chamber of Commerce is coordinating the 2013 Countdown to Christmas event to be held on Thursday 28 November 2013. Use of the Town Green parking area located at the northern end of Horton Street was granted by the Local Traffic Committee at its meeting held on 2 October 2013. This report is to seek approval for an additional road closure (Horton Street between Clarence and Williams Streets) to enable the proposed Fun Run and Street Parade.
An additional 20 metres of Horton Street (north bound lane only) from the corner of William Street & Horton Street will also be required to allow for the assembly of the participants in the Fun Run(s).
In accordance with the draft Special Events Guidelines, this event can be categorised as a Class 2 event.
· Impacts on local traffic and transport systems
· Disruption to the non-event community in the area of the event only
· Requires Police and Council involvement
· Requires a Transport Management Plan
· Requires advertising of the events traffic aspect to the community
The organisation which will be responsible for the implementation and undertaking of the necessary traffic control is still yet to be determined. The organisation engaged to undertake the traffic control will be advised that as the Street Parade participants passes through the intersection of Clarence Street & Horton Street, Horton Street (south) will be reopened to traffic. The Northern part of Horton Street will remain closed until approximately 9.00pm.
Attachments
1View. TCMP Countdown to Christmas 2013 (Northern End of Clarence Street) 2View. TCMP Countdown to Christmas 2013 (Williams & Horton Street) |
Item: 07
Subject: Informal Item - Status Report
Presented by: Infrastructure & Asset Management, Jeffery Sharp
That the LTC Status reports as at 29 October 2013 be received and noted. |
Discussion
Attached is the updated Status Reports for all incomplete traffic matters relating to Traffic Facilities considered by this Committee and resolved by Council. The Status Report is provided for information of all Committee members and to assist in finalising their actions to ensure that all items are completed as soon as possible.
Attachments 1View. Traffic and Transport Traffic Facilities Request Register as at 29 October 2013 |