[Penneshaw residents and ratepayers] may recall that I put up five ‘questions on notice’ [QoNs] to [Kangaroo Island] Council at its April [2013] ordinary meeting (“Penneshaw planned sewerage dam, QoNs by Cr Liu 2013.04.10 — and sort of answers”), in order to raise public awareness of issues relating to the siting of a storage dam on the hillside immediately above The Lane.

‘Question #5’ was ruled by the Mayor as ‘improper and misleading’ and subsequently was edited and not answered, although the question was completely misinterpreted.

During the winter time with low evaporation rates and other factors, it is a certainty that the wastewater inflow to the dam will exceed the storage capacity and overflow through the spillway onto downhill properties.  However, information such as: the frequency of spillway discharge, the magitude of the flow, which properties will be affected, and what are the risks and consequence this will have on the community below the dam have not been revealed.

Penneshaw CWMS Treatment Plant & Storage Lagoon
Dam break & Spillway Discharge Flow Directions

Note: Flow directions are based on contours shown on plan

In view of the Mayor’s ruling not to provide the information, I lodged a complaint to the Ombudsman in June.

The Ombudsman gave the following opinion:

* “In my view regulation 10(2) is clear on council’s obligation to record questions on notice on agenda and subsequently in the minutes of the meeting.  The reply to a question or questions, including a ruling declining to answer must also be minuted.”

“(…) whether the Mayor erred in determining that your question should not be responded to.  Regulation 10(6) requires the presiding officer to exercise a judgement in terms of the content of the question and whether council should respond to it.  In my view it was open to the mayor to decline to answer the question having regard to the other questions asked by you at the time and the responses provided by council.”

** “I appreciate that you endeavoured to explain to the mayor the question in more detail. In view of the comments you attribute to the mayor perhaps consideration could be given to reframing the question and putting it to the council. This may elicit the information you are seeking on behalf of your constituents

A fully copy of the Ombudsman’s determination (Ref: 2013/06163) which was published as an attachment to Item 10.3 of August meeting agenda can be found on Council’s website: http://www.kangarooisland.sa.gov.au/webdata/resources/minutesAgendas/20130814%20Council%20Agenda.pdf

Following the advice, I have since rephrased ‘question 5’ as suggested and put it back to the Council for a reply at the next ordinary meeting to be held on 11/9/2013.  The reframed questions are:

Question 1:

Was the ‘question #5 on notice’, namely: “Which properties below the storage lagoon are on the flood path when the dam is full, overflowing through the spillway rushing down the hill onto the residential area between Cheopis Street and Lashmar Street?  To what extent is damage expected to occur along the flood path and will lives be at risk when this situation occurs?” incorrectly edited from the April 2013 council agenda and the meeting minutes?

Question 2:

What was the formal ‘ruling’ by the Mayor not to answer ‘question #5’ and why was it not recorded in the meeting minutes which is a requirement prescribed in Clause 10(2)* of the Meeting Regulations?

Question 3:

Given a ‘spillway’ is an integral part of a dam, designed for releasing water when the inflow reaches its maximum storage capacity, to prevent water overtopping the earth embankment wall being a common cause of dam failure, could an explanation be provided as to which part of the ‘question #5’ ruled by the Mayor as ‘improper and misleading’, when the question was clearly and exclusively related to the discharge of wastewater from the spillway and at no time was there any reference made in the question implying that the dam wall will fail?

Question 4:

With reference to advice** from the Ombudsman, would the information which I sought in ‘question #5’ be now provided under the reframed questions which are:

(a)    Whether or not a spillway (ref: LGA Drawing SD-16) shown on Sheet C11 of the plan will be included in the dam construction for the release of water when the inflow of treated sewerage exceeds the maximum storage capacity?  If so, please provide information on

a1)      the spillway design brief, in particular its capacity, the dimensions, slope and type of surface construction;

a2)      whether or not an energy dissipater will be incorporated in the design to minimize the potential erosion problems downstream;

a3)      the computed flow velocity, rate of flow discharging at the toe or outlet of the spillway;

a4)      the estimated amount of overflow from the dam through the spillway in a worst case scenario situation; and

a5)      the frequency of overflow through the spillway at peak periods.

(b)   The direction of discharge or flow routes from the spillway?

(c)    The estimated overland flow velocity?

(d)   The distance of overland flow from the outlet of the spillway to the closest property in The Lane and the estimated time and speed of the flow at which the wastewater reaches this property?

(e)   Whether or not an assessment has been undertaken to determine or ascertain the risks and consequences which may impact on the properties below the dam from the discharge of spillway? If so, will it be made available to the public?

(f)     In order to address the concerns raised by the community and improve the transparency of the issues, will a map showing the overland flow of wastewater or its escape route from the spillway to the sea and the properties which may be affected by the flow, be produced for public information during the consultation phase?

Note: Reply to ‘questions on notice’ must be entered in the minutes of the meeting and be available on Council’s Website: www.kangarooisland.sa.gov.au, 5 days after the meeting.

Regards.

Cr Ken Liu
Kangaroo Island Council
P O Box 80, KINGSCOTE  SA  5223
Ph: (08) 8553 2823   Mobile: 0428 322 005
Email: ken.liu@bigpond.com