Agenda of Water, Waste and Sewer Advisory Committee Meeting

CONFLICT OF INTERESTS

What is a “Conflict of Interests” - A conflict of interests can be of two types:

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.

Non-pecuniary – a private or personal interest that a Council official has that does not amount to a pecuniary interest as defined in the Local Government Act (eg. 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).

Remoteness – a person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to a matter or if the interest is of a kind specified in Section 448 of the Local Government Act.

Who has a Pecuniary Interest? - a person has a pecuniary interest in a matter if the pecuniary interest is the interest of the person, or another person with whom the person is associated (see below).

Relatives, Partners - a person is taken to have a pecuniary interest in a matter if:

§ The person’s spouse or de facto partner or a relative of the person has a pecuniary interest in the matter, or

§ The person, or a nominee, partners or employer of the person, is a member of a company or other body that has a pecuniary interest in the matter.

N.B. “Relative”, in relation to a person means any of the following:

(a) the parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descends or adopted child of the person or of the person’s spouse;

(b) the spouse or de facto partners of the person or of a person referred to in paragraph (a)

No Interest in the Matter - however, a person is not taken to have a pecuniary interest in a matter:

§ If the person is unaware of the relevant pecuniary interest of the spouse, de facto partner, relative or company or other body, or

§ Just because the person is a member of, or is employed by, the Council.

§ Just because the person is a member of, or a delegate of the Council to, a company or other body that has a pecuniary interest in the matter provided that the person has no beneficial interest in any shares of the company or body.

Disclosure and participation in meetings

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

§ The Councillor or member must not be present at, or in sight of, the meeting of the Council or Committee:

(a) at any time during which the matter is being considered or discussed by the Council or Committee, or

(b) at any time during which the Council or Committee is voting on any question in relation to the matter.

No Knowledge - a person does not breach this Clause if the person did not know and could not reasonably be expected to have known that the matter under consideration at the meeting was a matter in which he or she had a pecuniary interest.

Participation in Meetings Despite Pecuniary Interest (S 452 Act)

A Councillor is not prevented from taking part in the consideration or discussion of, or from voting on, any of the matters/questions detailed in Section 452 of the Local Government Act.

Non-pecuniary Interests - Must be disclosed in meetings.

There are a broad range of options available for managing conflicts & the option chosen will depend on an assessment of the circumstances of the matter, the nature of the interest and the significance of the issue being dealt with. Non-pecuniary conflicts of interests must be dealt with in at least one of the following ways:

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

§ Limit involvement if practical (eg. Participate in discussion but not in decision making or vice-versa). Care needs to be taken when exercising this option.

§ Remove the source of the conflict (eg. Relinquishing or divesting the personal interest that creates the conflict)

§ Have no involvement by absenting yourself from and not taking part in any debate or voting on the issue as if the provisions in S451 of the Local Government Act apply (particularly if you have a significant non-pecuniary interest)

RECORDING OF VOTING ON PLANNING MATTERS

Clause 375A of the Local Government Act 1993 – Recording of voting on planning matters

(1) In this section, planning decision means a decision made in the exercise of a function of a council under the Environmental Planning and Assessment Act 1979:

(a) including a decision relating to a development application, an environmental planning instrument, a development control plan or a development contribution plan under that Act, but

(b) not including the making of an order under Division 2A of Part 6 of that Act.

(2) The general manager is required to keep a register containing, for each planning decision made at a meeting of the council or a council committee, the names of the councillors who supported the decision and the names of any councillors who opposed (or are taken to have opposed) the decision.

(3) For the purpose of maintaining the register, a division is required to be called whenever a motion for a planning decision is put at a meeting of the council or a council committee.

(4) Each decision recorded in the register is to be described in the register or identified in a manner that enables the description to be obtained from another publicly available document, and is to include the information required by the regulations.

(5) This section extends to a meeting that is closed to the public.

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 4.1

Staff Reports - Infrastructure Services

Report No. 4.1 Effects of water mining in Byron and surrounding shires on groundwater resources

Directorate: Infrastructure Services

Report Author: Dean Baulch, Principal Engineer, Systems Planning

File No: I2018/1920

Theme: Infrastructure Services

Water Supplies

Summary:

Cr Lyon had requested a report the research done, being done, proposed to be done on the effects of water mining in Byron and surrounding shires on groundwater resources and their quality and the downstream effects of the practice on the environment, farming etc.

The short answer is that Byron Shire Council nor Rous County Council is investigating any water mining activities per-se (or their impacts on the Future Water Strategy) but Rous County Council can provide a report on its Groundwater investigations completed to date.

RECOMMENDATION:

That the committee note the report

Report

Cr Lyon had requested a report on the following :

“Can we get a report on the research done, being done, proposed to be done on the effects of water mining in Byron and surrounding shires on groundwater resources and their quality and the downstream effects of the practice on the environment, farming etc.“

The short answer is that Byron Shire Council nor Rous County Council is investigating any water mining activities per-se (or their impacts on the Future Water Strategy) but Rous can provide a report on its Groundwater investigations completed to date.

In essence, Rous must demonstrated “no impact” on existing Groundwater Licences – Rous is not aware of any for bottle water plants in the investigation areas currently being considered.

We are aware of issues raised in the Tweed Shire regarding water sourced from private bores:

· https://www.abc.net.au/news/2018-03-21/global-bottled-water-boom-sparks-tweed-valley-water-fight/9566368

· https://www.echo.net.au/2018/03/tweed-water-mining-spotlight/

Groundwater licences and bores are managed and regulated by the State Government through the Department of Industry.

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 4.2

Report No. 4.2 Inflow and Infiltration Update

Directorate: Infrastructure Services

Report Author: Jason Stanley, Systems Planning Officer

File No: I2018/1957

Theme: Infrastructure Services

Sewerage Services

Summary:

Dry weather and rainfall events have allowed for continuous calibration of Council’s SCADA system since September. Results have identified areas of relatively high infiltration and inflow. Ultrasonic flow metering will be implemented for three months in these areas to obtain a detailed flow data within the sewerage network. This data will be used as a baseline to see what level of improvement is found when I/I trial projects or mitigations measures are implemented.

RECOMMENDATION:

That the Committee note the report

Attachments:

1 FLO-DARSensor, E2018/85329 , page 9⇩

Report

The Mullumbimby Inflow and Infiltration (I/I) project has utilised the SCADA derived inflows at each Sewage Pumping Station (SPS) to identify areas where relatively high I/I is occurring. In conjunction with Australian Wetlands Consulting, rainfall events and dry weather periods since September have allowed for ongoing calibration of this derived flow and allowed investigation into suitable places for monitoring and development of WSUD concepts.

Data monitoring within Mullumbimby catchment

Dry weather and rainfall events from September to October have allowed for the continual calibration of the derived I/I for each sewerage network within Mullumbimby. This will be a continuous process as more data becomes available. The following processes are underway to increase understanding of I/I within the Mullumbimby catchment:

· Environmental Data Services (EDS) have been contracted to setup 3 x “FLO-DAR” non-contact sensors within gravity sewerage manholes to perform detailed flow monitoring for a three month period. EDS will also install rain gauge as part of this three month trial to verify rainfall intensity. (Attachment 1 E2018/85329) This data monitoring is expected to be established by mid-November. This three month trial is anticipated to provide a reliable baseline to be used for future trial projects.

· Draw down tests have been scheduled within the next 3 months for each SPS in Mullumbimby. In the past a draw down test was performed by having a pump running and then measuring the time it takes to drop the level in the well by ~300mm as measured with a linen tape attached to a wooden float. By knowing the well diameter, the volume occupied by the 300mm can be determined and the pump out rate calculated. This level of detail of this style of test is indicative so an ultrasonic level sensor is being developed which can be mounted at the top of the well. This upgraded draw down test will initially be performed in Mullumbimby to increase I/I data but will be rolled out to all SPS sites to ensure efficiency across the network.

· Weather stations are to be implemented across BSC’s network with three weather station planned to be setup across the Mullumbimby catchment within the next 3 months.

Gravity sewerage assessment

Data monitoring indicates that CCTV investigation is required for the sewerage and stormwater networks in central Mullumbimby. Contractors have been consulted and a RFQ is currently being developed to perform these investigation works as well as rehabilitation works if required. This is expected to be underway within the next 3 months.

Financial Implications

The direct connectivity between stormwater and the sewer system will allow for funding of this work from the sewer fund. Initially this will be from the currently allocated budget.

Statutory and Policy Compliance Implications

Compliance with EPA licence 13266.

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 4.3

Report No. 4.3 Minutes of 13 September 2018 meeting - Water, Waste and Sewer Advisory Committee

Directorate: Infrastructure Services

Report Author: Susan Sulcs, Administration Officer

File No: I2018/2020

Theme: Infrastructure Services

Waste and Recycling Services

Summary:

The minutes of the previous Water, Waste and Sewer Advisory Committee meeting held on 13 September 2018 and resolutions (18-685 to 18-692) from Council meeting 18 October are attached.

RECOMMENDATION:

That the Water, Waste and Sewer Advisory Committee note the minutes of 13 September 2018 meeting which were reported to 18 October 2018 Council meeting.

Attachments:

1 Minutes 13 September 2018 Water, Waste and Sewer Advisory Committee, I2018/1719 , page 15 ⇩

2 Resolutions from the 18 October Council Meeting - for meeting held 13 September, E2018/85728 , page 19⇩

Report

The minutes of the previous Water, Waste and Sewer Advisory Committee meeting held on 13 September 2018 are attached and available at

https://byron.infocouncil.biz/RedirectToDoc.aspx?URL=Open/2018/09/WWSAC_13092018_MIN_802.PDF

The minutes were reported to 18 October Council meeting, resulting in Resolutions 18-685 to 18-692. The resolutions can be found at attachment 2.

Financial Implications

Nil

Statutory and Policy Compliance Implications

Nil

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 4.3 - Attachment 1

Minutes of the Water, Waste and Sewer Advisory Committee Meeting held on Thursday, 13 September 2018

File No: I2018/1719

PRESENT: Cr Richardson, Cr C Coorey, Cr M Lyon and Cr S Ndiaye

Staff: Phillip Holloway (Director Infrastructure Services)

Peter Rees (Managers Utilities)

James Flockton (Drainage & Flood Engineer)

Jason Stanley (System Planning Officer)

Dominika Tomanek (Minute Taker)

Community: Col Draper, Duncan Dey, Mark Tidswell, Ben Fawcett and David Fligelman

Visitor: Damion Cavanagh, BMT WBM

Cr Ndiaye (Chair) opened the meeting at 11:34 am and acknowledged that the meeting was being held on Bundjalung Country.

Apologies:

Madeleine Green, Mary Gardner

Declarations of Interest – Pecuniary and Non-Pecuniary

There were no declarations of interest.

Adoption of Minutes from Previous Meetings

Committee Recommendation:

That the minutes of the Water, Waste and Sewer Advisory Committee Meeting held on 31 May 2018 be confirmed.

(Richardson/Dey)

The recommendation was put to the vote and declared carried.

Note: The minutes of the meeting held on 31 were noted, and the Committee Recommendations adopted by Council, at the Ordinary Meeting held on 21 June 2018

Business Arising from Previous Minutes

There was no business arising from previous minutes.

Staff Reports - Infrastructure Services

Note:

That the Committee change the order of business to deal with Reports 4.1, 4.6, 4.4, 4.2, 4.3 and 4.5, next on the Agenda.

Report No. 4.1 Water Sensitive Urban Design Strategy

File No: I2018/956

Committee Recommendation:

1. That the committee note the report and commend Council for undertaking this initiative.

2. That staff circulate questions from the presentation and Committee provide feedback within 2 weeks.

3. That the committee will have a workshop to discuss questions in the end of October 2018 .

(Ndiaye/Lyon)

The recommendation was put to the vote and declared carried.

Report No. 4.2 Telecommunications Installations on Reservoirs

File No: I2018/1159

Committee Recommendation:

That Council welcome the study to our shire.

(Dey/Fligelman)

The recommendation was put to the vote and declared carried.

Report No. 4.3 Rous Regional Water Supply Agreement Liaison Committee Meeting 28 August 2018 Agenda and Business papers

File No: I2018/1298

Committee Recommendation:

That Council circulate the business papers for the Rous Regional Water Supply Agreement Liaison Committee to members of the WWSC when received.

(Dey/Lyon)

The recommendation was put to the vote and declared carried.

Report No. 4.4 Mullumbimby Inflow and Infiltration update

File No: I2018/1660

Committee Recommendation:

That Council move ahead with the Inflow and Infiltration project as originally conceived for a small cluster of properties in Mullumbimby to quantify the benefit of a pressure sewer system and ensure that the results of the trial are not confounded by other activities.

(Dey/Coorey)

The recommendation was put to the vote and declared carried.

Report No. 4.5 Nutrient Loading in the Belongil

File No: I2018/1704

Committee Recommendation:

1. That Council note that consent conditions in clause 11 of the approval under Council Resolution 02-1329 have been exceeded for short periods during the past 15 months.

2. That Council determine a new methodology to calculate nutrient discharge into the Belongil to satisfy both Council Resolution 02-1329 and the Recycled Water Management Strategy 2017-27

3. That Council consider measures for overcoming these exceedances.

(Dey/Coorey)

The recommendation was put to the vote and declared carried.

Report No. 4.6 Items for the Committee Requested by Mark Tidswell

File No: I2018/1715

Committee Recommendation:

That Council note the Committee discussed the item on 13 September 2018 in relation to flooding at Melaleuca Drive and a Notice of Motion is on the Agenda for the next scheduled Council Meeting on 20 September 2018.

(Dey/Ndiaye)

The recommendation was put to the vote and declared carried.

Cr Richardson left the meeting at 12:35 PM.

There being no further business the meeting concluded at 1:32 pm.

Venue	Conference Room, Station Street, Mullumbimby
Date	Thursday, 1 November 2018
Time	11.30am

Venue	Conference Room, Station Street, Mullumbimby
Date	Thursday, 13 September 2018
Time	11.30am