EXTRAORDINARY MEETING OF COUNCIL

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TO S TRIVE F O R BETTER THIN GS

EXTRAORDINARY

MEETING OF COUNCIL

Thursday, 1 April 2021

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EXTRAORDINARY MEETING OF COUNCIL 01 APRIL, 2021

ITEM SUBJECT PAGE

ITEM-1 FLOOD UPDATE 3

CONFIDENTIAL MATTER 9

ITEM-2 PROPERTY MATTER 1

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ITEM-1 FLOOD UPDATE

DOC INF O

THEME: Building a Vibrant Community & Prosperous Economy OUTCOME:

1 A connected and inclusive community with access to a range of services and facilities that contribute to health and wellbeing.

STRATEGY:

1.2 Through strong partnerships provide and support safety activities in relation to bush fire management and other emergency services to foster a safe community.

MEETING DATE: 1 APRIL 2021

EXTRAORDINARY MEETING

GROUP: GENERAL MANAGER

AUTHOR: GENERAL MANAGER

MICHAEL EDGAR

RESPONSIBLE OFFICER: MAYOR

DR MICHELLE BYRNE

REPORT

The purpose of this report is to provide Council with a summary of the Hawkesbury-Nepean Flood Emergency that has impacted the Hills Shire Local Government area. The Hills Shire has been included in the areas declared by the NSW Government as being affected by

“natural disaster”, the result of an east coast low pressure system which delivered widespread rain to the east coast and catchment area from 10March, 2021.

This report reflects the status and information available as at close of business 30 March 2021 and given this is a dynamic operating environment, circumstances, assumptions and impacts may be different by the time Council is considering this report on 1 April 2021.

This weather event resulted in significant flooding and the declaration of a natural disaster in our Shire toward the latter part of the week of 19 March, 2021. The Shire experienced significant rainfall over the following four days causing closures of roads and inundation of property, particularly along the banks of the Hawkesbury River from Wisemans Ferry to Cattai.

Council has been managing local road flooding issues and above average failure of local roads throughout the Shire, including the urban areas.

Roads that were closed to flooding included:

• River Road

• Wisemans Ferry Road

• Mitchells Road

• Newman Road

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• Pitt Town Road

• Blue Gum Road

• McClymonts Road

• Cattai Ridge Road

• Mud Island & Pages Warf Road

• Sackville, Lower Portland, Webbs Creek and Wisemans Ferry vehicular ferries.

Council staff and volunteers from our State Emergency Service (SES) and Rural Fire Service (RFS) have provided exceptional emergency services during this time.

Parts of our flood affected Shire were without power during this disaster and residents and land owners have shown resilience, patience and understanding.

Flood waters have now receded and works are continuing to help in the recovery, led by Resilience NSW. The receding floodwaters have left significant damage in the form of roads washed away, siltation, debris and significant damage to tourist parks.

Tragically, a young male drowned after entering the flooded Cattai Creek at Cattai Ridge Road Maraylya. That fatality is the subject of Police and Coronial inquiry.

So far there has been cooperation between land owners, tourist park occupants, tourist park operators, Council, the RFS, the SES, NSW Police, NSW Fire and Rescue and other NSW Government Agencies such as Resilience NSW. Other than the significant numbers of tourist facilities affected (there are 16 parks in our shire alone), it would appear most dwellings in The Hills remained out of the flood waters.

While the flood waters have caused extensive damage to roads and tourist facilities there were also significant challenges in cleaning up and restoring services. The flood waters have left large amounts of silt on roads and property, and deposited large amounts of debris including trees, furnishings, chemicals, fridges, gas cylinders, timber, outdoor furnishings, and the like, to roads, parks and properties.

The inundation has also affected a number of wastewater and water treatment facilities throughout the catchment, including town facilities. Floodwaters are also polluted, exposing people to significant health risks.

Council, with assistance from organisations already identified, prioritised the following works:

• Activated the Showground as an animal evacuation centre.

• Inspection of the road network and assessment of repair work needed.

• Opening roads as floodwaters receded.

• Clearing roads of silt, debris and repairing damage where possible to enable roads to be reopened.

• Provided information to assist NSW Police with their investigation.

• Maintained the garbage service to residents at levels very close to normal.

• Commenced clearing debris from roads and it is expected that the contractors engaged by the NSW Government will assist over time with pick-up, transport and disposal.

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• Maintained our Local Emergency Management Officer (LEMO) in the Windsor Emergency Operations Centre (EOC) to ensure residents’ concerns were being heard and attended to.

• Commenced reopening of Wisemans ferry park and amenities.

• Offered assistance to form a local recovery centre with Resilience NSW.

• Regulatory services assisted in recommissioning septic tank and other waste water systems, along with drinking water supply.

The NSW Government has waived the waste levy for flood waste. However a gate fee without the tax still applies, this is approximately $150 per tonne (for general solid waste disposed at a waste transfer station).

Additionally, the NSW Government has advised that Public Works Advisory (the former Public Works Department) will be engaging a contractor to manage the waste clean-up. The intention is that they will manage the entire process on site with equipment including trucks and skip bins. An on-site project manager will oversee the operation. Waste will be collected from both private property and public roads, including flood debris deposited on the roads.

Council have been informing residents, through social media and the Council website, that if they have been impacted by the floods and need assistance with clean-up, to either call the Contact Centre on 02 9843 0555 or complete the online form available on Council’s website.

Information collected, including the amount and types of waste (including hazardous materials), access restrictions and imagery, is supplied to the Hawkesbury EOC who will manage the requests with the contractor.

Council staff and our contractors will continue to clear roads and parks affected of debris and fallen vegetation. In order to assist with the removal of debris from public infrastructure or to assist residents with their waste removal activities it may be necessary for Council staff or our contractors to carry out work on private land.

Section 67 (1) of the Local Government Act allows for Council to carry out work on private land by agreement with the owner or occupier. The Act goes onto require that Council charge the land owner an approved fee for work carried out on private land unless the applicable fee is amended or waived by resolution of Council.

The domestic waste service was impacted by the floods as access was restricted to private properties. Outstanding domestic bin collections were collected by Monday 29 March 2021 with exception to those in the inaccessible sections of River Road due to flood waters across the road and Pages Wharf Rd due to the collapse of the road in a small section.

The advice to property owners is to leave their bins out and to place any bagged excess waste beside the bin. Collection will occur as soon as access is available. Council staff are working with our contractor to find a solution to collect domestic waste from properties on Pages Wharf Rd. Council contractors have tried from both ends of Pages Wharf Rd with no success due to limited turning provisions for trucks.

In regards to scheduled kerbside clean-up collections there was a pre booked collection at 239 River Rd for 5 April 2021, this property was not impacted by flood waters and this booked collection will proceed. The contractor is not booking any kerbside clean-ups for property owners who have been impacted by the floods. Property owners are being advised that this will be handled by the State government.

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The properties impacted by the flood are serviced by on-site sewage management systems and have a tanked water supply. Both of these essential services may have been impacted by the flood. Where tanks have been inundated by flood waters they may be filled with silt which will make them inoperable. Council’s role is to ensure that adequate wastewater disposal and a potable water supply is available.

Impacted on-site sewage management systems will need to be pumped out and may require a service by a wastewater technician. The disposal areas cannot be used until the saturated soils have dried out, otherwise there is a risk of effluent coming to the land surface or backing up within the fixtures. Council staff have spoken with caravan park operators and they are aware of what is required prior to reoccupation.

Many potable water tanks are located outside of flood impacts, however it is recommended to property owners that the water is tested to ensure that it safe. Council staff have sought the assistance from NSW Health (Western Sydney Local Health District) who have offered to undertake testing of drinking water supplies. If drinking water tanks are unsafe, tanks will need to be emptied, cleaned and sanitised before being refilled. Drinking water advice may be issued by Council staff and/or NSW Health which may include boiling drinking water and/or provide bottled water.

Many structures have been damaged by the flood. There is provision to issue Development Control Orders under the Environmental Planning and Assessment Act, including Demolitions Works Orders, a Repair Order and a Restore Works Order. Council staff could proceed to issuing an ‘emergency’ order depending on the circumstances. There would be no requirement to give a notice, no requirement for a council to hear or consider representations and the time for compliance in the order can be “immediate”. This would speed up the process for owners without going through the need for development consent. However Council staff would still need professional advice on the structural adequacy of walls/embankments and recommendations for temporary shoring to support and prevent further collapse.

The Local Government Act also has provisions to Order a person to cease an activity if it is a threat to public health or safety. This Order may be used if caravan parks or residences are being used when adequate facilities and services are unavailable.

The lodgement of a Development Application will be required for the replacement/reinstatement of flood damaged dwellings and ancillary structures such as shed, pools and the like. All efforts will be made to prioritise such applications. In instances where a current Development Consent is active and a dwelling or ancillary structure was under construction during the flood event, the applicant should consult with their Principal Certifier to ensure all obligations regarding compliance with the Construction Certificate are able to be met to undertake recommencement.

Flood Control Provisions

Council’s Development Control Plan (DCP) (Part C Section 6) applies to all land within the Local Government Area. The aim of the DCP is to provide development controls to guide the management of flood risks associated with development. A range of flood planning levels (FPL) apply depending on the type of land use under consideration. For example, dwellings must be a minimum of 500mm above the 1 in 100 year flood event. Other structures may be located within areas more susceptible to flood events.

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PAGE 7 Considerations for Council

Council’s asset network has in areas suffered significant damage (roads and Wisemans Ferry park in particular) and Council might be exposed to significant tipping costs notwithstanding the tax relief. It is possible that council’s recovery exposure may exceed its contingency reserve however some may be recovered through flood relief and or insurance.

This cannot be determined at this stage however it would seem that council would be unlikely to not restore these assets so it would seem appropriate for council to authorise the GM to repair and restore assets and report budget impact on future reports.

Moving forward, there are matters that Council could consider that would be useful to residents and the recovery process. These include to waive or discount development applications, including private property stabilisation with the Hawksbury river and sewage system inspection fees for flood impacted properties in the declared natural disaster area. To prioritise assessment of construction certificates and development applications resulting from flood impacted properties in the declared natural disaster area. Whether to approve the conduct of work by Council officers on private property should the need arise to complement the clean-up activities being coordinated by Resilience NSW.

In February 2020 in the Bushfire Recovery and Other Emergencies Delegation report, Council resolved to delegate to the General Manager the following delegation:

“In consultation with the Mayor, to coordinate and make available the use of Council’s resources (staff, plant and materials) in the event of, preparation for, responses to and recovery from emergencies such as bushfire, flood, earthquake, storms, tidal inundation or other declared state of emergency as deemed appropriate and in respect of any reasonable request of other Local Governments or State Agencies. The delegation is limited to a value of $100,000 and within the State of NSW. The delegation is to be followed by a report to the next meeting of Council.”

Although this resolution is still valid, this delegation was intended to provide Council resources to other Local Government arears when required in an emergency.

In this instance it is difficult to estimate what the damage bill will cost it is estimated that it will be well in excess of $ 100k. It is also unclear what assistance Council will receive from other Natural Disaster Assistance scheme. It is proposed that Council delegate to the General Manager to spend on restoring Council’s assets and to carry out the clean-up operations and report in a future Budget Review the net cost to Council after taking into consideration any insurance and other funding available from other levels of Government.

There would be a relatively minor impact on development application and other fees that would otherwise be received if not waived or discounted.

IMPACTS Financial

It is anticipated that there will be a cost to Council even after taking into consideration any flood relief funding and or Insurance.

Council’s Financial Charter states that Council maintain a level of funds in Reserves sufficient to meet unexpected contingencies such as natural disasters. As at February Budget Review there is $635k available in the Contingency Reserve to accommodate any emergency expenditure that is required for this clean-up operations.

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If the net cost to Council after taking into consideration any insurance and flood relief funding available is greater than $635k, Council can allocate additional funding from Infrastructure Reserve.

Strategic Plan - Hills Future

Ensure a connected and inclusive community with access to a range of services and facilities that contribute to health and wellbeing.

RECOMMENDATION

1. Should a DA be submitted to Council related to a flood impacted property to carry out construction or reconstruction works associated with an approved development impacted by the March 2021 flood, the DA fees and Compliance Levy fees will be waived for applications lodged up until 30 June 2022.

2. Should a Section 68 application approval for a structure under the Local Government Act be submitted to Council related to a flood impacted property to carry out reinstallation works impacted by the March 2021 flood, the application fees will be waived for applications lodged up until 30 June 2022.

3. Should a Section 68 application for the approval to install or operate a sewage management system be submitted to Council related to a flood impacted property to carry out reinstallation works impacted by the March 2021 flood, the application fees will be waived for applications lodged up until 30 June 2022.

4. Should a Section 68 application for the approval to operate a Caravan Park be submitted to Council the application fees will be waived for applications lodged up until 30 June 2022.

5. Where possible, DA’s, construction certificate applications and the like from flood impacted areas be prioritised by Council’s assessment team for any applications lodged up until 30 June 2022.

6. The General be delegated authority to approve the conduct of work by Council officers on private property should the need arise to complement the clean-up activities being coordinated by Resilience NSW.

7. Waiving the fees for Council work to assist with the piling and clearing of vegetation or debris caused by the flood, for removal by others, on private land where such access is required.

8. That Council note the ongoing hardship of recovering communities and the positive efforts of staff and volunteers from a wide range of agencies in the management of, and recovery from, this latest extreme weather event.

9. Council authorise the General Manager to incur expenditure on restoring Council assets, whether it be roads, parks and removal of debris and disposal to carry out the clean-up operations and that be regularly reported to Council through Budget Review reports. General Manger also takes steps to recover any funds either from insurance or any other funding available.

ATTACHMENTS Nil.

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PAGE 9 CONFIDENTIAL MATTERS

CLOSED COUNCIL

REPORTING OFFICER GENERAL MANAGER MICHAEL EDGAR

The Hills Shire Council is committed to open government and decision-making. Some matters do, however, require confidentiality and therefore the exclusion, during their discussion, of the press and public. The nature of these matters is set out in the following guidelines as specified by Section 10A Clause (2) of the Local Government Act, 1993:-

(a) personnel matters concerning particular individuals;

(b) the personal hardship of any resident or ratepayer;

(c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business;

(d) commercial information of a confidential nature that would, if disclosed:

(i) prejudice the commercial position of the person who supplied it, or (ii) confer a commercial advantage on a competitor of the council, or (iii) reveal a trade secret;

(e) information, that would, if disclosed, prejudice the maintenance of the law;

(f) matters affecting the security of the council, councillors, council staff or council property;

(g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

(h) information concerning the nature and location of a place or an item of Aboriginal significance on community land.

(i) alleged contraventions of any code of conduct requirements applicable under section 440.

RECOMMENDATION

1. The press and public be excluded from the proceedings of Closed Council in respect of Item 2 pursuant to the relevant Clauses of Section 10A, Clause 2 of the Local

Government Act, 1993, as detailed in the following table.

2. Council withhold access to Item 2 in accordance with the following table and Section 11(2) of the Local Government Act.

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G E N E R A L M A N A G E R ATTACHMENTS

1. Table of matters referred to Closed Council.

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ITEM NO.: 2

SUBJECT: PROPERTY MATTER Associated Report: N/A

Reason for Confidentiality: Information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business.

Section: 10A(2)(c)

Public Interest On balance, the public interest in preserving the confidentiality about the financial negotiations and valuation details, contained within the report outweighs the public interest in maintaining openness and transparency in Council decision-making because the disclosure of this information would put the Council at a competitive disadvantage preventing it from achieving a

“best value for money” outcome for the wider community.