Agenda of Nambucca River, Creeks, Estuaries and Coastline Management Committee Meeting

NAMBUCCA SHIRE COUNCIL

Nambucca River, Creeks, Estuaries and Coastline Management Committee Meeting - 13 August 2010

AGENDA Page

Housekeeping and Emergency Procedures

Emergency exit points, Evacuation Plan and location of facilities

1 APOLOGIES

2 DISCLOSURE OF INTEREST

3 CONFIRMATION OF MINUTES — Nambucca River, Creeks, Estuaries and Coastline Management Committee Meeting - 28 May 2010

4 Notices of Motion

4.1 Notice of Motion - Fay Lawson - Marking of Predicted Flood Heights

5 ASKING OF QUESTIONS WITH NOTICE None were received

6 Director Environment and Planning Report

6.1 Report on Outstanding Items 13 August 2010

6.2 Report on Nambucca Coastal Zone Management Study and Plan Final Stages Tenders

GB5/10 Reports from Committee Members and Attendees as required

NEXT MEETING DATE

CLOSURE

NAMBUCCA SHIRE COUNCIL

DISCLOSURE OF INTEREST AT MEETINGS

Name of Meeting:
Meeting Date:
Item/Report Number:
Item/Report Title:

I		declare the following interest:
(name)

	Pecuniary – must leave chamber, take no part in discussion and voting.

Non Pecuniary – Significant Conflict – Recommended that Councillor/Member leaves chamber, takes no part in discussion or voting.

Non-Pecuniary – Less Significant Conflict – Councillor/Member may choose to remain in Chamber and participate in discussion and voting.

For the reason that




Signed			Date

Council’s Email Address – council@nambucca.nsw.gov.au

Council’s Facsimile Number – (02) 6568 2201

(Instructions and definitions are provided on the next page).

Definitions

(Local Government Act and Code of Conduct)

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.

(Local Government Act, 1993 section 442 and 443)

A Councillor or other member of a Council Committee who is present at a meeting and has a pecuniary interest in any matter which is being considered must disclose the nature of that interest to the meeting as soon as practicable.

The Council or other member must not take part in the consideration or discussion on the matter and must not vote on any question relating to that matter. (Section 451).

Non-pecuniary – A private or personal interest the council official has that does not amount to a pecuniary interest as defined in the Act (for example; 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).

If you have declared a non-pecuniary conflict of interest you have a broad range of options for managing the conflict. The option you choose will depend on an assessment of the circumstances of the matter, the nature of your interest and the significance of the issue being dealt with. You must deal with a non-pecuniary conflict of interest in at least one of these ways.

· It may be appropriate that no action is taken where the potential for conflict is minimal. However, council officials should consider providing an explanation of why they consider a conflict does not exist.

· Limit involvement if practical (for example, participate in discussion but not in decision making or visa-versa). Care needs to be taken when exercising this option.

· Remove the source of the conflict (for example, relinquishing or divesting the personal interest that creates the conflict or reallocating the conflicting duties to another officer).

· Have no involvement by absenting yourself from and not taking part in any debate or voting on the issue as if the provisions in section 451(2) of the Act apply (particularly if you have a significant non-pecuniary conflict of interest).

Nambucca River, Creeks, Estuaries and Coastline Management Committee Meeting

13 August 2010

Notice of Motion

ITEM 4.1 SF1496 130810 Notice of Motion - Fay Lawson - Marking of Predicted Flood Heights

AUTHOR/ENQUIRIES: Barbara Parkins, Executive Assistant

Summary:

The following Notice of Motion is presented to the Committee from Committee Member, Mrs Fay Lawson in relation to the marking of predicted flood heights by the RTA-SKM on electricity poles.

Recommendation:

That the Nambucca River, Creeks and Estuaries and Coastline Management Committee request Council to write to RTA-SKM asking to have predicted flood heights marked on electricity poles to the extent of Council’s flood mapping, extending to include Nursery and Gumma Roads, to indicate Council’s 1:100 year predicted flood height and RTA-SKM predicted 1:100 year flood height with climate change and sea level rise, highway bypass completed as an act of transparency and good faith to the community, before RTA submits proposed highway upgrade to the Planning Department for approval.

REASON:

To promote awareness and educate the community to the flood risk in the future and possible impacts to their properties.

DIRECTOR’S COMMENTS:

A letter has been written to the RTA recommending the locations of the flood markers in Kingspoint and along River Street (see attached). No reply has yet been received by Council.

Attachments:

1View

16575/2010 - Request for notice of where promised markers will be placed for Kingspoint and River Street

Nambucca River, Creeks, Estuaries and Coastline Management Committee Meeting - 13 August 2010

Notice of Motion - Fay Lawson - Marking of Predicted Flood Heights

Enquiries to: Mr Meyers

Phone: 02 6568 0229

Our Ref: SF841

9 July 2010

Mr Bob Higgins

Roads and Traffic Authority

Pacific Highway Office

PO Box 546

GRAFTON NSW 2460

Dear Mr Higgins

WARRELL CREEK TO URUNGA PACIFIC HIGHWAY UPGRADE – FLOOD ISSUES AND MARKERS FOR FLOOD LEVELS

Council requests advice as to the progress of the undertaking by the RTA to put markers in Kings Point and River Street for projected flood levels in relation to the Pacific Highway Upgrade and Macksville Bypass.

Council suggests, for the Kings Point area, these markers could be placed at the corner of McKay and Jellico Streets, or corner of McKay and Sturdee Streets, or the railway level crossing in McKay Street. For the River Street precinct, it is suggested they be placed on the corner of River and Willis Streets.

It is suggested that the markings as committed, be placed on the power poles at these locations, which are more permanent markers.

Should you require further information concerning the above please contact the undersigned on 02 6568 0229.

Yours faithfully

G Meyers

DIRECTOR ENVIRONMENT AND PLANNING

GM:bp

Nambucca River, Creeks, Estuaries and Coastline Management Committee Meeting

13 August 2010

Director Environment & Planning's Report

ITEM 6.1 SF1496 130810 Report on Outstanding Items 13 August 2010

AUTHOR/ENQUIRIES: Jacqui Ashby, Environmental Compliance Officer

Summary:

The following Outstanding Actions Table has been generated from the Committee Meetings held since 2007 relating to outstanding resolutions. Matters which are simply noted or received, are not listed as outstanding actions. Where matters have been actioned they are indicated with ~~strikethrough~~ and then removed from the report to the following meeting.

Recommendation:

That the list of outstanding actions be noted and received by the Committee.

	File no	Committee Meeting	Summary of Matter	Action By	Status
1	SF612	29.05.07	Monitoring of tidal waters at Gumma, Council further investigate other forms/types of loggers that could be acquired and that any required data loggers be considered for purchase from Council’s Environmental Levy and investigate funding opportunities. Has a funding source been found?	DEP	~~Funding application successful.~~ ~~Recommendation of best type of logger to come from consultant currently engaged in river sampling project.~~ ~~Waiting for consultants report.~~ ~~Final report likely to be submitted by end of September 2009~~ Consultants report finalised, separate report sent to DEP concerning several options for monitoring including a quotation for the engagement of contractors to monitor water quality for a two year period as opposed to purchasing, managing and operating data loggers by Council. Contractor has been engaged. Installation targeted for week 23-27 August 2010.
2		29.05.07	The former Nambucca River Floodplain Management Committee recommended that Council ask the RTA to include an evaluation of the effect of the old highway during further flood modelling of the new highway route with a view to installing drainage structures to relieve local flooding.	DEP	~~Letter sent to RTA on 7 November 2008 by DES.~~ ~~No reply from RTA at this stage. Matter being followed up.~~ ~~No response received as at 4 May 2009 to follow up with the DES upon his return to work mid May.~~
2 cont					~~No response, new round of enquiry opened, letter sent June 2009~~ ~~No response, new letter with plan sent 16.11.09~~ After detailed discussions with two Officers from the RTA in 13, 14, & 15 January 2010 the replies for the letters written in November 08 &09 addressed another issue that Council was also enquiring about. Several emails have now been exchanged clarifying exactly what the two matters are. Now awaiting a reply from RTA - Pacific Highway Upgrade Division. The Upgrade division released their Environmental Assessment that the RTA said covered the flood models. No other correspondence was received for this round of enquires. The motion to write to the Minister of Transport has been put on hold pending outcome of these recent discussions and emails. If no formal response by 1 February 2010 then a the matter will be referred to the Minister.
3	SF612	06.03.08	Letters to be sent to home owners identified in the Flood Study and Floodplain Risk Management Plan affected by flooding to advise that there may be some state funding available to help with the costs of raising the houses above flood levels for $ for $ basis and to seek their interest to enable a Funding application to be prepared for the 2009 round of funding	DEP	Letters not yet sent. The DECC representative, Kevin Gibson, will prepare and present to the Committee a report on Voluntary Home Raising. There has to be an economic viability assessment of houses before they are included. ~~A draft discussion paper has been prepared by Mr Gibson, DECC which will be refined and presented to a future meeting of the Committee.~~ Paper been prepared and will be discussed at the technical level prior to presentation at this committee.
4	SF1267	6.04.09	Road depth flood markers to be installed at Factory Bridge, Taylors Arm to increase warning for motorists to 6 mts	DES	~~Matter referred to DES who advises that the sign has been ordered and will be installed as soon as council and staff resources permit~~ ~~Instillation been held up due to more pressing short term issues.~~ ~~Depth markers have been installed and show up to 4 mts on the~~ ~~western (village) side and up to 2 metres on the eastern side. Still awaiting delivery and installation of 2-4m indicator for eastern side.~~ Depth indicator has been delivered although due to other flood damage maintenance and availability of staff it has not been installed. Once staff become available the indicator will be installed.
5	SF1267		River site gauges be placed in at least one position on Taylors Arm River at Kings Point and one position on Tilly Willy Creek Kings Point and also a double sided site gauge on the eastern side of Gumma bridge, and after further investigation may require more site gauges, as well as the upgrading of the site gauge at the corner of Princess and River Streets Macksville.	DES	~~Site gauges have been purchased, SES have agreed to install signs starting at Gumma Rd followed by Kings Point and Taylors Arm.~~ All gauges were installed early December, unfortunately due to public objection, the Kings Point gauges have been removed and are to be replaced by a river depth gauge at Wilsons Bridge in consultation with BoM and SES. ~~DES raised the upgrading of the gauge with the Dept Of Meteorology as they are responsible. They are arranging a replacement.~~ BoM has done a temporary upgrade with a permanent gauge to be installed soon.
6	SF1267	6.08.09	~~Council write to NSW Waterways to ask them to clear stumps and other debris that may hinder navigation on the Nambucca River.~~	~~DES~~	~~Letter sent 20 August, reply from NSW Waterways on 18 September asks for more information on specific sites so they can undertake a risk assessment.~~ ~~Letter sent on 12/11/09 with detailed maps provided by the public identifying the debris and location.~~ ~~Noted some of the obstacles have been marked with buoys by NSW Waterways~~

Attachments:

There are no attachments for this report.

Nambucca River, Creeks, Estuaries and Coastline Management Committee Meeting

13 August 2010

Director Environment & Planning's Report

ITEM 6.2 SF1184 130810 Report on Nambucca Coastal Zone Management Study and Plan Final Stages Tenders

AUTHOR/ENQUIRIES: Greg Meyers, Director Environment and Planning

Summary:

The Committee and Council endorsed the original consultants brief in February 2008 for the preparation of the Nambucca Coastal Zone Management Plan in accordance with the recommendations from its Nambucca River Estuary and Coastline Management Committee.

The Consultants Brief was subsequently amended to break the Management Plan into Stages. Stage 1, being the Coastal Zone Hazard Identification Study which was awarded to SMEC Australia with them completing the Study in January this year.

The consultants Brief was again reviewed following the completion of the above Hazard Study to ensure that it referenced current Legislation and the Nambucca Coastal Hazard Study completed by SMEC.

In accordance with Council's resolution, Tenders were called through Tenderlink with Tenders closing on Tuesday 16 June 2010. Four valid Tenders were submitted prior to the identified 2.00 pm closure, one of which had an Option A and Option B which related to additional Community engagement and consultation processes.

Following the tender evaluation by the Tender assessment panel of John Schmidt (DECC – Funding Authority), and Greg Meyers (NSC – Director Environment and Planning) the four valid tenders are presented with the recommendation for the tender submitted by SMEC Australia in conjunction with

Umwelt.

Recommendation:

1 That the Committee recommend to Council that SMEC Australia in association with Umwelt Australia be contracted to undertake the preparation of the Nambucca Coastal Zone Management Study and Management Plan being Stages 2 & 3 of the Nambucca Coastal Zone Management Plan in accordance with Council’s Consultants Brief and the submitted tender documents and price from SMEC Australia in association with Umwelt Australia.

2 That the Committee recommend that Council write to the other Consultants advising that they have been unsuccessful on this occasion.

OPTIONS:

The Committee may consider that one of the other Tenders is more appropriate. Should this be the case, the Committee will need to review the assessment criteria to ensure that the awarding of the Tender is justified or the reasons why one Tender was considered more appropriate than another with these recommendations being referred to Council.

DISCUSSION:

Council and the Nambucca River Estuary and Coastline Management Committee endorsed the consultants brief in February 2008, for the preparation of the Nambucca Coastal Zone Management Plan of three components namely:

Stage 1 Coastal Process & Hazard Identification

Stage 2 Coastline Management Study

Stage 3 Coastline Management Plan

SMEC Australia were awarded the contract to undertake Stage 1 with the Hazard Identification Study completed in January this year.

The Consultants brief was reviewed to ensure that recent Legislation and new Government Policies were included in the compliance section and also the inclusion of the Hazard Identification Study in the reference section.

Tenders were called via Tenderlink and closed on 16 June 2010. Four valid Tenders were submitted prior to the identified 2.00 pm closure, one of which (SMEC Australia) had an Option A and Option B which related to additional Community engagement and consultation processes. The extended community engagement and consultation option has not been considered due to the additional costs which are outside the budget allocation for this project. The 4 tenders were below the indicative budget of $100,000.

The Tenders have now been assessed by the Tender assessment panel of John Schmidt (DECC – Funding body), and Greg Meyers (NSC – Director Environment and Planning), against the pre-determined assessment criteria as follows:

· Tendered Price Offer

· Experience

· Public Relations/Communications

· Understanding of Project outcomes

· Method/Approach

· Multi Discipline Team

· Testimonials/Referees

· Local Preference

Each of the above criteria was weighted out of a collective 100%. The Tendered price and Multi Discipline Team assessment criteria were weighted equally high with the Understanding of Project Outcomes and the Method/Approach being next. Each criteria has a rating of 5 down to 1, with 5 being the highest and 1 the lowest assessment rating.

The two circularised (CONFIDENTIAL) assessment schedules provides the assessment of the four tenders, BMT WBM, GHD, GeoLINK, and SMEC Australia.

Checks were made back to the nominated referees for the two highest ranked consultancies who were asked a series of questions with a specific response sought to enable the rating of 5 to 1.

Where one or more of the Referees indicated some negativity or identified the need to prompt, remind or micro-manage the consultant or indicated a lesser response regarding future engagement, they were awarded the lesser rating of all referees checked.

The ability of each consultant to bring together the expertise required to meet the identified outcomes from this project were also carefully considered. As identified in the assessment criteria the project mainly requires specialised technical input from Engineering and Geotechnical disciplines due to the specific matters identified in Stage 1. Other expertise will be required from Project Manager, Environmental Scientist, Ecologists, and Environmental Planners but to a lesser degree. Only one company did not meet the top rating in this assessment.

All 4 Tenderers are of excellent quality however the tasks offered by one of the consultancies was considerably less than the other three and is reflected in the outcome of the assessment evaluation matrix.

Notwithstanding, and having undertaken a rigorous assessment of each of the submitted tenders, checked the nominated referees and whilst each tender has some advantages and disadvantages over each other, the assessment panel consider that the best outcome for Council and the Community is to offer the contract for the preparation of the Final 2 Stages of the Nambucca Coastal Zone Management Plan to SMEC Australia in association with Umwelt Australia..

CONSULTATION:

Department of Environment and Climate Change (Mr John Schmidt)

SUSTAINABILITY ASSESSMENT:

Environment

The consultants brief identifies a number of environmental factors that have to be investigated, reported on and taken into consideration.

Social

Stage 1 takes social impacts into consideration as a number of public facilities and infrastructure may be at threat by Coastal Hazards.

Economic

The economic impacts due to Coastal Hazards can be significant and it is anticipated that Stage 1 will identify those areas under threat.

Risk

The Nambucca Coastal Zone Management Plan is all about identifying, addressing and minimising risk due to coastal processes.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

Council gained $25,000 in State funding under the Department of Environment and Climate Change Coastal Funding program some years ago with Council’s $ for $ contribution being provided from General Fund originally and is now incorporated into the current balance of the Environmental Levy. Subsequent funding of $50,000 matched by Council's environmental levy provides the budget allocation of $100,000 for this project.

This project was identified in the 2009/10 Environmental Levy budget and carried through to the 2010/11 budget.

Source of fund and any variance to working funds

The funds were identified in the 2009/10 budget form external grant funds and the environmental levy.

Attachments:

1View

- CONFIDENTIAL CIRCULARISED DOCUMENT - TENDER ASSESSMENT SCHEDULES