Meeting Date: Tuesday, 31 July, 2018
Location: Council Chambers, City Administrative Building, Bridge Road, Nowra
Membership (Quorum - 7)
CL18.183..... Adoption of Amended Code of Meeting Practice - Webcasting.................... 1
CL18.182..... Updates - Progress and funding - Shoalhaven River Levee Flood Damage Restoration 2017 project.............................................................................. 29
Addendum Agenda - Ordinary Meeting – Tuesday 31 July 2018
CL18.183 Adoption of Amended Code of Meeting Practice - Webcasting
HPERM Ref: D18/257031
Group: Finance Corporate & Community Services Group
Section: Human Resources, Governance & Customer Service
Purpose / Summary
To provide the Council with the Code of Meeting Practice for adoption following advertisement and to advise Council that alternate options are being identified for public participation in all meetings of the Council.
1. Adopt the amended Code of Meeting Practice as advertised and attached to the report.
2. Receive a report at the September Ordinary Meeting outlining options for webcasting meetings not held in the Nowra Administrative Centre, and alternate options for increasing ratepayer participation in decision making.
3. That the Ordinary Meeting of the Council scheduled for 28 August 2018 in Ulladulla be relocated to the Council Chambers in Nowra to allow for webcasting of this meeting to all residents
1. Webcasting - Adopt the Attached Policy - Recommended
Implications: This will adopt the advertised Code of Meeting Practice. Only (1) one positive submission has been received and the wording of the Code will meet the requirements for Council with respect to webcasting
2. Webcasting - Not adopt the Attached Policy
Implications: Any further amendments to the Code will require advertisement and the requirements for Council with respect to Webcasting will not be in place
3. August Ordinary Meeting - Reschedule to Nowra - Recommended
Implications: As provisions are not in place for the Webcasting of the Council meetings in locations other than the Nowra Council Chambers, it is proposed that the meeting be moved from Ulladulla to Nowra. This will give greater access to the whole community to view the meeting via Webcasting. A report will be provided to the Council in September to address options for public participation in decision making. Should the meeting be moved, the change of location will have to be advertised.
4. August Ordinary Meeting - Leave meeting in Ulladulla
Implications: The meeting will proceed as planned without Webcasting facilities.
Council was presented the attached Amended Code of Meeting Practice for adoption at the Ordinary Meeting of the Council held on 28 June 2018 and resolved (MIN18.512) as follows:
1. Accept the report for information.
2. Endorse the amendments proposed to the Code of Meeting Practice as outlined in the Report attachment for advertisement for public comment in accordance with the requirements under Section 361 of the Local Government Act, 1993.
3. Adopt the amended policy should no comments be received, otherwise receive a further report for consideration.
4. Consider the arrangements of Council and Core Committee Meetings outside the Council Chambers given that webcasting will only be available for meetings held in the Chambers.”
Further, at the Meeting of the Strategy and Assets Committee held on 24 July 2018 it was resolved under delegation (MIN18.533)
1. Archive the recordings of Council/Committee Meetings to facilitate viewing by the community at other time than while the Meeting is taking place
2. Provide easy links on Council’s website to the archived recordings”
The advertised Model Code of Meeting Practice amendments facilitate the archival and display of archives as outlined in the resolution of the Strategy and Assets Committee.
In accordance with the requirements of Section 361 of the Local Government Act, 1993 the amendments were publicly advertised. The submission period ended at 5pm on Friday 27 July 2018.
The following single submission was received in respect the advertised amendment:
“I fully support the proposal to provide webcasts of council meetings in the interests of transparency and accessibility to residents who can't attend meetings. Please advise residents when the webcasting will commence, future meeting dates to be recorded and details of how to access the webcasts. Thank you.”
Given the above, it is now proposed that Council adopt the amended Code of Meeting Practice as advertised and attached to this report.
Further, discussions at the Strategy and Assets Committee have confirmed that Councillors are considering the options of webcasting of the Ulladulla and centrally located Ordinary Council Meetings, currently held in April and August.
The Governance and Communications staff would like to present options to the Council for consideration with respect to those remote Council Meetings and alternate options for the Council to consider with respect to increasing ratepayer participation in decision making. A report on these options will be provided to the September Meeting of the Council. Such options would include:
- Engagement of Webcasting services for remote locations (on a fee for service basis)
- Scheduling all Council Meetings in Nowra to utilise the high definition webcasting services installed, however increasing public participation in decision making by other methods, including for example:
o More community information sessions (Roadshows) such as held for the 2018/2019 Strategic Plan and Budget.
o Having special public participation sessions relating to project or topics for which there is identified significant community interest - allowing several persons to make deputations or provide information to the Council before decisions are made
It is proposed that the August Ordinary Meeting of Council be held in Nowra, rather than August as advertised, to allow it to be webcast and rescheduling of another Ulladulla Meeting occur after consideration of the Report provided by staff in September.
The changes to the Code of Meeting Practice were publicly advertised, with only one submission in support of webcasting proceeding.
Addendum Agenda - Ordinary Meeting – Tuesday 31 July 2018
CL18.182 Updates - Progress and funding - Shoalhaven River Levee Flood Damage Restoration 2017 project
HPERM Ref: D18/255487
Group: Planning Environment & Development Group
Section: Environmental Services
2. NDRA assistance offer - 2016 damages ⇩
3. Council's Levee system and repair work locations ⇩
Purpose / Summary
Inform Council about the updates for Shoalhaven River Levee Flood Damage Restoration 2017 project and request additional funding support of $500,000 for non-National Disaster Recovery Assistance (NDRA) program funded levee repairs.
1. Allocate additional funding of $500,000, being approximately a 30% variation on the original tender amount, to the Shoalhaven River Levee Flood Damage Restoration 2017 project, which includes $260,000 for current project variations to carry out non-NDRA works and a contingency of $240,000 for future project variations that may be required to complete the project.
2. Adjust the additional funding as part of the 2018 September Quarterly budget review;
3. Receive regular updates on progress and budgetary requirements on the Shoalhaven River Levee Flood Damage Restoration 2017 project.
4. Consider allocating funding in the 2019/20 budget to establish easements over high priority flood levees, through private properties to allow Council to undertake future levee maintenance work when required without the need for individual agreements with each property owner.
5. Seek to complete the repairs/defects to the levee at 111 Terara Road, Terara (wedding venue) in 2019.
6. Write to the NSW Public Works Advisory’s Regional Director regarding the National Disaster Relief Assistance (NDRA) Program advising of Council’s acceptance of the offer of financial assistance for restoration costs to repair flood levees damaged during the NSW 2016 east coast low storms and floods and thanking the Government for providing the funding to Council.
1. As recommended.
Implications: Due to the increased costs of carrying out the flood levee restoration works, without the additional funding, the current funding will not allow for rock stabilisation of the levee to be installed at all locations where is it required. Without rock stabilisation the repaired section of levee will be more susceptible to erosion from tidal influences, wave wash from boats, storm and flooding events. Establishing easements over high priority flood levees will allow Council to access the levees to undertake condition assessments, carry out maintenance work and repairs and carry out emergency repairs when required after storm or flood events without the need to obtain individual approvals from each property owner.
2. An alternate recommendation is adopted.
Council is carrying out a project to restore the Shoalhaven River Levee system that was damaged during the August 2015 and June 2016 flood events as well as high priority defects identified in the levee audit report (May 2015). Under this project, category 1 levees (Levee P1L1, P1L2 & P2L1) that are protecting residential properties and category 2 levees (Levee P5L1 & Levee P11L1) that are protecting primarily farmland, paddocks and a few residential developments; are being restored (attachment 3 – Council's levee system and repair work locations)
On 27 June 2017 it was resolved that (MIN17.603C - attachment 1) Council:
“Commence flood levee restoration Option 1 that is, undertake all flood levee restoration works to repair 2015 and 2016 flood damage repairs with rock protection and 2015 audit high priority defect repairs, progressing on a priority basis and commencing work at Terara levee (P1L2)’ (MIN17.603C.4).
It was also resolved, “That Council approve the necessary additional funding required to complete all works in Option 1 and that this be adjusted as part of the September’17 Quarterly budget review” (MIN17.603C.7).
In line with the resolution the total project has been broken down into smaller packages.
NSW Soil Conservation Service was awarded the contract for the first package to repair defects for the levee P1L1, P1L2 (excluding wedding venues) and P11L1 that are expected to be finished by this year. The tender process for the levee P2L1 and P5L1 is also underway.
Council received $1,920,207 ($1,130,566 against NDRA 2015 and $789,641 against NDRA 2016) under National Disaster Recovery Assistance (NDRA) program. Council also approved $582,159 to restore non-NDRA works and resolved on 27th June 2017 to undertake all flood levee restoration (as mentioned in the first paragraph), while the NDRA funding outcome was still pending as described above (MIN17.603C).
Recently, Council submitted a revised combined claim of $4,414,889 to the NDRA for 2015 and 2016 flood damages, considering the contractor’s tender price, which included an estimation cost to treat Acid Sulphate Soils (ASS). The potential to encounter ASS was identified during preparation of the Review of Environmental Factors (REF). Of the $4,414,889, it is estimated that $2,374,788 will be required for ASS treatment, disposal and relevant works. At the time of writing this report the contractor has not encountered any ASS’s whilst undertaking the repair works at levee P1L1, P1L2 & P11L1. Currently approximately 60% of the contracted works have been finished. However, it is impossible to predict whether ASS will be encountered during the remainder of works.
The levee restoration works are progressing well. While progressing, the contractor encountered additional defects at Comerong Island levee that will require rock protection works (non-NDRA funded works). The requirement for rock protection and stabilisation was not initially anticipated at this site. It is however not possible to avoid these rock works, as those levee sections need to be built at the river bed and there is no remaining area left to set back the levee, due to the location of the road and fences behind the levee.
These rock protections are also required to protect the repaired defects in the longer term. Council’s Floodplain Engineers have observed that the levee erosion is continuing due to high tide wave action, even though no flooding has occurred since June 2016. Accordingly, if these rock protections are not provided, the repaired defects will be eroded, and more expenditure will ultimately be required in future. It is important to note that the Comerong Island levee is protecting the only access road to the island.
Taking all these facts into account, a variation for an amount of $500,000 (30% variation on the original tender amount), which includes $260,000 for current known variations to carry out non-NDRA works and a $240,000 contingency for possible similar future project variations, is required to complete this project to its fullest extent.
Update - levee repair works at wedding venues
Levee defects were identified at two existing wedding venues (111 and 135 Terara Road, Terara). The negotiated access to these wedding venues is highly restricted and is only available between June to mid of August, if there are no weddings booked during winter. The owner of 111 Terara Road has required many more limitations or restrictions on how the levee can be accessed on this property.
Council recently sought quotations from three (3) suppliers within Council’s existing contractor panel to repair the levee defect at the two identified properties. Only one submission was received to repair the defects at 135 Terara Road and none were received for 111 Terara Road. Quotations were also previously sought in July 2017 from three suppliers within Council’s existing tender panel. Council received only one quotation at that time as well, however, the contractor declined to do the works due to the restrictions. Unfortunately, the property owner at 111 Terara Road has not signed an ‘agreement to enter’ the property to allow the levee repairs to be completed. Council has continued negotiations with the owner since 2016 and this is the only property Council has not been able to obtain a signed agreement to enter.
It appears that it will be difficult to repair the levee defects at 111 Terara Road considering the access and time restrictions, the lack of interest from potential suppliers and the continuing negotiations with the property owner to gain access. However, Council will endeavour to carry out the repair works between June and mid-August 2019, provided that the property owner agrees to provide access and a potential contractor can work within the access restrictions.
Council officers have dedicated a lot of time previously to negotiate access with the private property owners, given that there are no easements along the levees. It would be prudent to pursue obtaining easements along the levee for restoration works at future. It has been estimated that $550,000 will possibly be needed to establish easements over the category 1 levees.
Natural Disaster Relief Assistance (NDRA) Program - 2016 Claim
The NSW Government has approved Council’s application for assistance under the NDRA Program for flood levee repairs resulting from the 2016 NSW east coast low storms and floods (see attachment 2).
Since lodging this claim Council submitted a revised claim for both the 2015 and 2016 storm and flood events to account for the revised estimated costs to carry out flood levee repair works. The NSW Government previously approved the original claim for 2015 storm and flood damages.
Council is currently waiting to find out the outcome of the revised claim. In the meantime, it is recommended that Council accept the current assistance offer. Council must advise of its acceptance of this financial assistance and of the conditions, in writing to NSW Public Works Advisory's Regional Director, within 45 days of receipt of the offer of financial assistance, before any payments will be made to Council.