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Council

 

OPEN MINUTES

 

 

 

Minutes of a meeting of Council held in the Council Chambers, 15 Forth Street, Invercargill on Wednesday, 9 March 2016 at 1.02pm.

 

present

 

Mayor

Mayor Gary Tong

 

Deputy Mayor

Paul Duffy

 

Councillors

Lyall Bailey

 

 

Stuart Baird

 

 

Brian Dillon

 

 

Rodney Dobson

 

 

John Douglas

 

 

Bruce Ford

 

 

George Harpur

 

 

Julie Keast

 

 

Ebel Kremer

 

 

Gavin Macpherson

 

 

Neil Paterson

 

 

IN ATTENDANCE

 

Chief Executive Steve Ruru, GM Community and Futures Rex Capil, GM Environment and Community Bruce Halligan, Chief Information Officer Damon Campbell, Chief Financial Officer Anne Robson, Human Resources Manager Janet Ellis, Communications Manager Louise Pagan, Team Leader Governance Chris Dolan and Committee Advisor Fiona Dunlop.

 


Council

09 March 2016

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1          Apologies

 

Councillor Duffy advised that he would be leaving the meeting early.

 

2          Leave of absence

 

There was no leave of absence.

 

3          Conflict of Interest

 

Councillor Duffy declared a conflict of interest in relation to Item 8.3 - Request from the South Catlins Charitable Trust for a Council Loan.  He would not take part in debate or vote on the matter.

 

4          Public Forum

The was no public forum.

 

5          Extraordinary/Urgent Items

 

There were no Extraordinary/Urgent items.

 

(Councillor Douglas left the meeting at 1.03pm)

 

6          Confirmation of Council Minutes

 

Resolution

Moved Cr Dobson, seconded Cr Ford and resolved:

That Council confirms the minutes of the meeting held on 27 January 2016 as a true and correct record.

 

The Mayor advised that item 8.1 - Proposed Upgrade of Real Journeys Building on Te Anau Lakefront and item 8.2 - Alteration to Unbudgeted Expenditure Approval for Winton Memorial Hall Upgrade would be taken next.

 

Reports - Policy and Strategy

 

 

8.1

Proposed Upgrade of Real Journeys Building on Te Anau Lakefront

Record No:         R/16/3/3150

 

Kevin McNaught Strategic Property Manager was in attendance for this item.

He advised that the purpose of the report was to consider a request from Real Journeys to amend the termination notice period in its existing roadline licence agreement to support the business case for the considerable expenditure planned for the existing building on the site.

Council noted that the building on the lakefront at Te Anau, currently owned by Real Journeys, has been in place since 1954.  The land is currently managed by way of a roadline licence at the pleasure of Council with a 12 month notification period for termination.

Mr McNaught also advised that the situation whereby a privately owned building is constructed on land that is road is very irregular.  The situation in the case of the Real Journeys building on the shores of Lake Te Anau is that the company occupies a prime location on publically owned land that no other person or company has the chance to compete for.

The meeting noted that Real Journeys are proposing an upgrade of the building, which does not include extending the footprint, however to help justify the significant expenditure, it is requesting an alteration to the notification period to an initial term of 10 years then reducing to five years.

The Council noted that the Te Anau Community Board is supportive of the building upgrade and the changes to the notification period requested by Real Journeys.

 

Resolution

Moved Cr Kremer, seconded Cr Dillon and resolved:

That the Council:

a)         Receives the report titled “Proposed Upgrade of Real Journeys Building on Te Anau Lakefront” dated 2 March 2016.

b)         Determines that this matter or decision be recognised not significant in terms of Section 76 of the Local Government Act 2002.

c)         Determines that it has complied with the decision-making provisions of the Local Government Act 2002 to the extent necessary in relation to this decision; and in accordance with Section 79 of the Act determines that it does not require further information, further assessment of options or further analysis of costs and benefits or advantages and disadvantages prior to making a decision on this matter.

d)         Resolves to agree to amend the termination period of the roadline licence on the Te Anau Lakefront held by Real Journeys from 12 months to an initial period of 10 years then reducing to a five year period after 10 years from the date of amendment.

 

 

8.2

Alteration to Unbudgeted Expenditure Approval for Winton Memorial Hall Upgrade

Record No:         R/16/2/2969

 

Kevin McNaught Strategic Property Manager was in attendance for this item.

Mr McNaught advised that the purpose of the report was to seek Council approval to increase the previous unbudgeted expenditure amount for the Winton Memorial Hall upgrade project.  This was approved by Council at its meeting on 27 January 2016.

Council noted that the Winton Community Board decided to re-include the kitchen upgrade in the Memorial Hall upgrade project which increases the total project cost to $860,000.00 plus GST.  This requires Council to increase the unbudgeted expenditure amount from $385,000.00 to $410,000.00.

Council noted that the Winton Community Board agreed at its meeting on Monday 7 March 2016 to recommend to Council the additional unbudgeted expenditure.

(Councillor Douglas returned to the meeting at 1.12pm.)

 

 

 

Resolution

Moved Cr Bailey, seconded Cr Paterson recommendations a – c and d with changes (as indicated) and resolved:

That the Council:

a)         Receives the report titled “Alteration to Unbudgeted Expenditure Approval for Winton Memorial Hall Upgrade” dated 1 March 2016.

b)         Determines that this matter or decision be recognised as not significant in terms of Section 76 of the Local Government Act 2002.

c)         Determines that it has complied with the decision-making provisions of the Local Government Act 2002 to the extent necessary in relation to this decision; and in accordance with Section 79 of the Act determines that it does not require further information, further assessment of options or further analysis of costs and benefits or advantages and disadvantages prior to making a decision on this matter.

d)         Approves, subject to the Winton Community Board having previously approved, additional unbudgeted expenditure of $25,000 making the total unbudgeted expenditure approved for the Winton Memorial Hall upgrade at $410,000.00 plus GST for the project.

 

 

7.1

Southland District Council Submission on Resource Management Act Amendment Bill 2015

Record No:         R/16/2/2183

 

Rebecca Blyth Senior Policy Analyst, Resource Management and Simon Moran  Manager Resource Planning were in attendance for this item.

Mrs Blyth advised that the purpose of the report was to approve the submission on the Resource Legislation Amendment Bill 2015.

Council noted that the report outlines the recommended approach to Council’s submission on the Resource Legislation Amendment Bill 2015 and highlighted some key changes for Council.

Mrs Blyth also advised that the Resource Legislation Amendment Bill 2015 was open for public comment, closing on 14 March 2016.  The amendment bill introduced a large number of amendments to the Resource Management Act with an overarching purpose of “creating a resource management system that achieves the sustainable management of natural and physical resources in an efficient and equitable way.”

Council also noted that the Council’s submission in general supports the proposed amendments.

Mrs Blyth further advised that Local Government New Zealand (LGNZ) has prepared an extensive draft submission and Southland District Council has in general supported that submission, commenting only where Council staff had additional comments or has concerns not expressed by LGNZ in their submission.

 

 

 

Resolution

Moved Deputy Mayor Duffy, seconded Cr Douglas recommendations a – c with an addition to d (as indicated) and resolved:

That the Council:

a)         Receives the report titled “Southland District Council Submission on Resource Management Act Amendment Bill 2015” dated 22 February 2016.

b)         Determines that this matter or decision be recognised as not significant in terms of Section 76 of the Local Government Act 2002.

c)         Determines that it has complied with the decision-making provisions of the Local Government Act 2002 to the extent necessary in relation to this decision; and in accordance with Section 79 of the Act determines that it does not require further information, further assessment of options or further analysis of costs and benefits or advantages and disadvantages prior to making a decision on this matter.

d)         Approves the Submission (attached to the officers report) on the Resource Legislation Amendment Bill 2015 for submission to the Local Government and Environment Select Committee with an addition as follows:

 

153-155 - Section 108 amended, Section 110 and 111 repealed

Removal of financial contributions

Council opposes the repealing of these sections.  Financial contributions are still an appropriate and essential tool for those councils that have low or no growth districts. 

 

Southland District Council has a Development Contributions Policy that is in remission until a certain percentage of growth across the District is evidenced.  The Proposed District Plan has established a methodology for taking financial contributions towards adverse effects on roading and reserves infrastructure.

 

 

If these provisions were removed the ratepayers of the District would have to absorb the costs of mitigating adverse effects generated by private individuals.  This is not considered equitable or sustainable for smaller rural districts with dispersed development patterns.

 

Little consideration appears to have been given to those areas that are not experiencing high growth, yet still have development that requires effects on infrastructure to be mitigated at the ratepayers costs.

 

 


 

 

7.2

Long Term Plan 2018-2028 Project Plan

Record No:         R/16/2/2246

 

Susan Cuthbert Strategy and Policy Manager was in attendance for this item.

Ms Cuthbert advised that the purpose of the report was to inform Councillors on the Long Term Plan 2018-2028 (LTP) project and to seek approval of the Project Plan.

Council noted that Local Authorities are required to produce an LTP every three years and the next LTP 2018-2028 must be adopted by 30 June 2018.  The attached Project Plan sets out a 30 month work programme to allow for integrated decision-making.  The LTP process involves identifying issues that are important for the Council and District over the next 10 years, setting strategy through the development of a Financial Strategy and Infrastructure Strategy, reviewing Council’s Activity Management Plans, engaging with the community around these issues and publishing a 10 year plan.

 

Resolution

Moved Cr Dobson, seconded Cr Keast and resolved:

That the Council:

a)         Receives the report titled “Long Term Plan 2018-2028 Project Plan” dated 22 February 2016.

b)         Determines that this matter or decision be recognised as not significant in terms of Section 76 of the Local Government Act 2002.

c)         Determines that it has complied with the decision-making provisions of the Local Government Act 2002 to the extent necessary in relation to this decision; and in accordance with Section 79 of the Act determines that it does not require further information, further assessment of options or further analysis of costs and benefits or advantages and disadvantages prior to making a decision on this matter.

d)         Approves the Project Plan (attached to the officers report) for the Southland District Council Long Term Plan 2018-2028.

 

(Councillor Duffy withdrew from the table due to a conflict of interest in relation to item 8.3 - Request from the South Catlins Charitable Trust for a Council Loan.)

 

Reports - Operational Matters

 

 

8.3

Request from the South Catlins Charitable Trust for a Council Loan

Record No:         R/16/2/2829

 

Anne Robson Chief Financial Officer was in attendance for this item.

Ms Robson advised that the purpose of the report was for Council to consider advancing to the South Catlins Charitable Trust (the Trust) an internal loan for the completion of an ablution block including laundry and kitchen facilities at the Council owned Curio Bay Camping Ground.

Council noted that Council owns the Curio Bay Camping Ground at that a lease was entered into with the South Catlins Charitable Trust in 2006 to run the camping ground.  As part of the lease, the trust has the responsibility to establish new toilet facilities at the camping ground, which once commissioned, will become the property of Council.

Council also noted that in January 2016, Cr Duffy on behalf of the South Catlins Charitable Trust, approached officers regarding the possibility of Council providing a guarantee to Southland Building Society Bank.  This was to enable the Trust to borrow the balance of funds required to develop a new ablution block including laundry and kitchen facilities at the Curio Bay Camping Ground.

Ms Robson also advised that Officers, in reviewing Council’s Investment and Liability Management policies, were recommending an alternative which would see Council advance the $100,000 to the Trust for a period of 10 years at its applicable annual internal interest rate with security over the Trust’s land at the cnr of Waikawa Curio Bay Road and Mair Road.

 

Resolution

Moved Cr Bailey, seconded Cr Ford and resolved:

That the Council:

a)         Receives the report titled “Request from the South Catlins Charitable Trust for a Council Loan” dated 26 February 2016.

b)         Determines that this matter or decision be recognised as not significant in terms of Section 76 of the Local Government Act 2002.

c)         Determines that it has complied with the decision-making provisions of the Local Government Act 2002 to the extent necessary in relation to this decision; and in accordance with Section 79 of the Act determines that it does not require further information, further assessment of options or further analysis of costs and benefits or advantages and disadvantages prior to making a decision on this matter.

d)         Approve a loan to the South Catlins Charitable Trust for $100,000 for a term of 10 years at Council’s annual internal rate of interest with repayments quarterly.

e)         Authorises the Mayor to sign the appropriate loan documentation on behalf of the Council.

f)          Endorse the registering of a charge against the land owned by the trust on the corner of Waikawa Curio Bay Road and Mair Road when the loan becomes unencumbered by the current registered security.

g)         Recognises that it has no security for the loan from the date of advancement of the loan monies to the registering of the charge, described in clause f above and that from the time of registering the charge until the commissioning of the ablution block, Council only has partial security for the loan.

 


 

 

8.4

Management Report for Council Meeting 9 March 2016

Record No:         R/16/2/1904

 

Steve Ruru Chief Executive Officer was present for this item.

 

 

Resolution

Moved Cr Paterson, seconded Cr Kremer and resolved:

That the Council:

a)         Receives the report titled “Management Report for Council Meeting 9 March 2016” dated 2 March 2016.

 

 

8.5

Building Consents and Values for December 2015

Record No:         R/16/1/138

 

Bruce Halligan Group Manager Environment and Community was in attendance for this item.

 

Resolution

Moved Cr Dobson, seconded Cr Baird and resolved:

That the Council:

a)         Receives the report titled “Building Consents and Values for December 2015” dated 09 March 2016.

 

 

8.6

Building Consents and Values for January 2016

Record No:         R/16/2/1700

 

Bruce Halligan Group Manager Environment and Community was in attendance for this item.

 

Resolution

Moved Cr Dobson, seconded Cr Baird and resolved:

That the Council:

a)         Receives the report titled “Building Consents and Values for January 2016” dated 09 March 2016.

 

 

8.7

Resource Consents and Other Resource Management Act Items - November 2015

Record No:         R/16/2/1453

 

Bruce Halligan Group Manager Environment and Community was in attendance for this item.

 

 

Resolution

Moved Deputy Mayor Duffy, seconded Cr Keast and resolved:

 

That the Council:

a)         Receives the report titled “Resource Consents and Other Resource Management Act Items - November 2015” dated 1 February 2016.

 

 

8.8

Resource Consents and Other Resource Management Act Items - December 2015

Record No:         R/16/2/1458

 

Bruce Halligan Group Manager Environment and Community was in attendance for this item.

 

 

Resolution

Moved Deputy Mayor Duffy, seconded Cr Keast and resolved:

That the Council:

a)         Receives the report titled “Resource Consents and Other Resource Management Act Items - December 2015” dated 1 February 2016.

 

 

8.9

Resource Consents and Other Resource Management Act Items - January 2016

Record No:         R/16/2/1771

 

 

 

Resolution

Moved Deputy Mayor Duffy, seconded Cr Keast and resolved:

That the Council:

a)         Receives the report titled “Resource Consents and Other Resource Management Act Items - January 2016” dated 5 February 2016.

 

 

Reports - Governance

 

 

9.1

Southland District Council 2016 Scholarship Recipients

Record No:         R/16/2/2330

 

The meeting noted that the recipients of the 2016 Scholarships were as follows:

·               Centennial Bursary: James Eunson and Jessica Black

·               Valmai Robertson Arts Scholarship: Ruth Crouchley

·               “Eric Hawkes Memorial” Community Outward Bound Scholarship 18-26yrs: Natalie McRae

·               “Eric Hawkes Memorial” Employee Outward Bound Scholarship: Brendan Gray

 

 

Resolution

Moved Cr Bailey, seconded Cr Harpur and resolved:

 

That the Council:

a)         Receives the report titled “Southland District Council 2016 Scholarship Recipients” dated 17 February 2016.

 

 

9.2

Minutes of the Council Meeting dated 3 August 2015

Record No:         R/16/2/3061

 

 

 

Resolution

Moved Mayor Tong, seconded Cr Bailey and resolved:

That Council confirms the Minutes of the Council Meeting dated 3 August 2015 as a true and correct record of that meeting.

 

 

9.3

Minutes of the Colac Bay Community Development Area Subcommittee Meeting dated 27 August 2015

Record No:         R/16/1/907

 

 

 

Resolution

Moved Cr Dobson, seconded Cr Harpur and resolved:

That Council receives the minutes of the Colac Bay Community Development Area Subcommittee meeting held 27 August 2015 as information.

 

 

9.4

Minutes of the Activities Performance Audit Committee Meeting dated 18 November 2015

Record No:         R/16/1/1371

 

 

 

Resolution

Moved Cr Bailey, seconded Cr Kremer and resolved:

That Council receives the minutes of the Activities Performance Audit Committee meeting held 18 November 2015 as information.

 

 


 

Public Excluded

 

Exclusion of the Public: Local Government Official Information and Meetings Act 1987

Resolution

Moved Cr Dillon, seconded Cr Harpur and resolved:

That the public be excluded from the following part(s) of the proceedings of this meeting.

C10.1 Southland Film Opportunities - Pork Pie and Lonely Girl

The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Ground(s) under section 48(1) for the passing of this resolution

Southland Film Opportunities - Pork Pie and Lonely Girl

s7(2)(b)(ii) - The withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information.

s7(2)(h) - The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists.

 

That the Chief Executive, GM Community and Futures, GM Environment and Community, Chief Financial Officer, Human Resources Manager, Communications Manager, Team Leader Governance, Committee Advisor and also Steve Canny GM Business & Strategic Projects, Venture Southland, Tim Shadbolt, Mayor of Invercargill City Council, Tim White, Executive Producer of Pork Pie and Lonely Girl and Kevin Jennings, Chief Executive Officer Film Otago and Southland be permitted to remain at this meeting, after the public has been excluded, because of their knowledge of the items C10.1 Southland Film Opportunities - Pork Pie and Lonely Girl. This knowledge, which will be of assistance in relation to the matters to be discussed, is relevant to those matters because of their knowledge on the issues discussed and meeting procedure.

 

The public were excluded at 1.58pm.

 

The meeting adjourned at 1.58pm and reconvened at 3.20pm.

 

(Steve Canny GM Business & Strategic Projects, Venture Southland, Tim Shadbolt, Mayor of Invercargill City Council, Tim White, Executive Producer and Kevin Jennings, Chief Executive Officer Film Otago and Southland all left the meeting at 3.43pm.)

 

(Councillor Duffy returned to the meeting at 3.51pm.)

 

 

Resolutions in relation to the confidential items are recorded in the confidential section of these minutes and are not publicly available unless released here.

 

 

The meeting concluded at 4.18pm.               CONFIRMED AS A TRUE AND CORRECT RECORD AT A MEETING OF THE Council HELD ON WEDNESDAY 9 MARCH 2016.

 

 

 

DATE:...................................................................

 

 

 

CHAIRPERSON:...................................................