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Addendum Agenda - Ordinary
Meeting – Tuesday 31 July 2018
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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
Attachments: 1. Amended
Code of Meeting Practice ⇩
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.
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Recommendation
That 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
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Options
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.
Background
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:
“That Council
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)
“That
Council
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.
Community Engagement
The changes to the Code of
Meeting Practice were publicly advertised, with only one submission in support
of webcasting proceeding.
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Addendum Agenda - Ordinary
Meeting – Tuesday 31 July 2018
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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
Attachments: 1. Council
resolution to commence levee restoration project ⇩
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.
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Recommendation
That Council
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.
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Options
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.
Implications: Unknown
Background
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.
