OPEN MINUTES
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Minutes of the Inaugural Meeting of the Southland District Council for the 2016/2019 Triennium held in the Council Chambers, 15 Forth Street, Invercargill on Wednesday, 26 October 2016 at 10am.
Mayor |
Mayor Gary Tong |
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Deputy Mayor |
Paul Duffy |
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Councillors |
Stuart Baird |
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Brian Dillon |
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John Douglas |
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Bruce Ford |
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Darren Frazer |
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George Harpur |
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Julie Keast |
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Ebel Kremer |
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Gavin Macpherson |
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Neil Paterson |
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Nick Perham |
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IN ATTENDANCE
Chief Executive - Steve Ruru, Group Manager, Services and Assets – Ian Marshall, Group Manager, Environmental Services – Bruce Halligan, Group Manager, Community and Futures – Rex Capil, Chief Financial Officer – Anne Robson, Chief Information Officer – Damon Campbell, People and Capability Manager – Janet Ellis, Group Manager – Customer Support – Trudy Hurst, Communications Manager – Louise Pagan, Committee Advisor - Fiona Dunlop and Team Leader, Governance – Chris Dolan.
Council 26 October 2016 |
Councillors Elect Frazer and Perham were called into the Chamber by Te Ao Marama.
1 Apologies
There were no apologies.
2 Welcome
Chief Executive Officer – Steve Ruru welcomed those present to the meeting.
(People and Capability Manager – Janet Ellis, Group Manager – Customer Support – Trudy Hurst left the meeting at this point.)
4 Conflict of Interest
There were no conflicts of interest declared.
5 Extraordinary/Urgent Item
There were no Extraordinary/Urgent items.
8 |
Record No: R/16/9/15557 |
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Mayor Tong advised that he was intending to have Councillor Duffy as Deputy Mayor for the 2016/2019 Triennium and that Councillor Duffy had agreed to undertake the role again.
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Moved Cr Dillon, seconded Cr Paterson and resolved: That the Council: a) Receives the report titled “Appointment of Deputy Mayor” dated 18 October 2016.
b) Confirm the Mayor’s appointment of Councillor Duffy to be the Deputy Mayor of Southland District Council for the 2016/2019 Triennium. |
11 |
Record No: R/16/9/16120 |
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Chief Executive – Steve Ruru was present for this item.
Mr Ruru advised that the Standing Orders were before the meeting for adoption for use at all Council, Committee, Subcommittee, Community Board and Community Development Area Subcommittee meetings.
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Moved Cr Ford, seconded Cr Harpur and resolved: That the Council: a) Receives the report titled “Standing Orders” dated 19 October 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) Adopt the Standing Orders for use at all Council, Committee, Subcommittee, Community Board and Community Development Area Subcommittee meetings of the Southland District Council. |
12 |
Elected Members Code of Conduct Record No: R/16/9/16121 |
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Chief Executive – Steve Ruru was present for this item.
Mr Ruru advised that the Code of Conduct was before the meeting for adoption by Council and would apply to Councillors and members of Community Boards and Community Development Area Subcommittees.
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Moved Cr Dillon, seconded Cr Kremer recommendations a to c and d with a change to the content of the Code of Conduct (as indicated with strikethrough and underline): That the Council: a) Receives the report titled “Elected Members Code of Conduct” dated 19 October 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) Adopt the Elected Members Code of Conduct for Councillors and members of the Community Boards and Community Development Area Subcommittees of the Southland District Council with a change as follows to the Code:
Council has obligations to provide a safe working place for staff and members of the public. Attendance to health and safety concerns is part of the responsibility of each staff member and elected member.
Significant penalties exist where the
provisions of the |
13 |
Southland Museum and Art Gallery Annual Report for the Year Ended 30 June 2016 Record No: R/16/10/16989 |
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Group Manager, Environmental Services – Bruce Halligan was in attendance for this item.
Mr Halligan advised that the report was to inform the meeting on the Southland Museum and Art Galley Annual Report for the year ended 30 June 2016. |
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Moved Cr Paterson, seconded Cr Macpherson and resolved: That the Council: a) Receives the report titled “Southland Museum and Art Gallery Annual Report for the Year Ended 30 June 2016”. |
14 |
Record No: R/16/10/17162 |
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Chief Executive – Steve Ruru was present for this item.
Mr Ruru advised that his report was informing Councillors on various issues of importance.
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Moved Cr Perham, seconded Cr Douglas and resolved: That the Council: a) Receives the report titled “Management Report” dated 18 October 2016. |
Exclusion of the Public: Local Government Official Information and Meetings Act 1987
Moved Cr Ford, seconded Cr Keast and resolved: That the public be excluded from the following part(s) of the proceedings of this meeting. C15 Proposed District Plan 2012 - Variation 2 - Concessions Rule 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: |
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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 |
Proposed District Plan 2012 - Variation 2 - Concessions Rule |
s7(2)(j) - The withholding of the information is necessary to prevent the disclosure or use of official information for improper gain or improper advantage. |
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 Officer, Group Manager – Community and Futures, Chief Information Officer, Group Manager – Services and Assets, Group Manager – Environmental Services, Chief Financial Officer, Communications Manager, Committee Advisor, Team Leader – Governance and Senior Resource Management Planner - Policy, be permitted to remain at this meeting, after the public has been excluded, because of their knowledge of the items C15 Proposed District Plan 2012 - Variation 2 - Concessions Rule. 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 10.39am.
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 10.55am. CONFIRMED AS A TRUE AND CORRECT RECORD AT A MEETING OF THE Council HELD ON WEDNESDAY 26 OCTOBER 2016.
DATE:...................................................................
CHAIRPERSON:...................................................
Council 26 October 2016 APPENDIX 1 |
APPENDIX 1
SOUTHLAND DISTRICT COUNCIL
COMMUNITY BOARD
TERMS OF REFERENCE
Authorising body |
Council |
Approval date |
26 October 2016 |
1. SCOPE OF ACTIVITIES
Community Boards are bodies established by statute. Their responsibilities and powers are as delegated by the Southland District Council.
The role of each Community Board in the Southland District is to:
· Represent and act as an advocate for the interest of its community.
· Consider and report on all matters referred to it by the Southland District Council, or any matter of interest or concern to the Community Board.
·
Maintain an overview of services
provided by the Southland District Council
within the community.
· Consider annual estimates for expenditure within the community and recommend these to Council.
· Communicate with community organisations and special interest groups within the community.
·
Undertake any
other responsibilities that are delegated to it by the Southland
District Council.
In addition to these activities, Community Boards will consider how best to provide for their communities, and the people who live there, into the future.
Community Board members will provide leadership by:
· Positively representing their community and the Southland District
· Identifying key issues that will affect their community’s future and work with Council staff and other local representatives to facilitate multi-agency collaborative opportunities.
· Promote a shared vision for the wider community of interest area and develop ways to work with others to achieve positive outcomes
Community Boards will adopt a strategic focus that will enable members to:
· Provide local representation and guidance on wider community issues, initiatives and projects.
· Contribute to the development and promotion of community cohesion, by developing and supporting relationships across a range of stakeholders at a local, regional and national level.
· Take part in local community forums, meetings and workshops.
· Inform local residents and ratepayers on issues that affect them.
2. MEMBERSHIP
Six elected members and one appointed member being a Ward Councillor[1].
The appointed Ward Councillor has speaking rights and voting rights at Community Board meetings to which he/she has been appointed.
Where a Ward Councillor is unable to attend a meeting of the Community Board to which he/she has been appointed, another Ward Councillor from within the same Ward may attend the Community Board meeting but has speaking rights only.
3. MEETING SCHEDULE
Community Boards will meet at least six times within each calendar year but can meet on more occasions if there is a requirement to consider matters requiring a resolution.
Community Boards may also meet outside of the regular meeting schedule to address issues which are time bound or to meet demand if there are a significant number of agenda items. All meetings outside of the regular meeting schedule shall be called by the Chairperson.
Community Board members will be kept abreast of operational issues and the progress of projects via regular contact with their Township Community Engineer.
4. QUORUM
The quorum at any meeting of a Community Board of the Southland District Council shall be not less than four members.
5. DELEGATIONS
5.1 Power to Act
Community Boards shall have the following delegated powers and be accountable to Council for the exercising of these powers[2]:
Engagement and representation |
(a) Facilitating the Council’s consultation with local residents and community groups on local issues and local aspects of district wide issues including input into the Long-term Plan, Annual Plan, and policies that impact on the Board’s area. (b) Engaging with council officers on local issues and levels of service, including infrastructural, recreational, community services and parks, reserves and cemetery matters. (c) Representing the interests of the community at Council, Committee or Subcommittee meetings when a motion under debate relates to a matter that the Board considers to be of particular interest to the residents within its community. (d) Monitoring and keeping the Council informed of community aspirations and the level of satisfaction with services provided. |
Financial |
(e) Approving expenditure within the limits of annual estimates. (f) Approving unbudgeted expenditure for locally funded activities up to the value of $10,000. |
Rentals and leases |
(g) In relation to all leases of land and buildings within their own area, on behalf of Council; a) Accepting the highest tenders for rentals of $10,000; or less per annum. b) Approving the preferential allocation of leases where the rental is $10,000 or less per annum. |
Local assets and facilities |
(h) Overseeing the management of local halls and community centres which are owned by Council and where no management committee exists. This will occur by way of relationship with officers of Southland District Council. (i) Appoint a local liaison person responsible for community housing. |
Some Community Boards have specific delegations in addition to the broad delegations tabled above:
Stewart Island/Rakiura Community Board |
(j) Contributing to the development of policy relating to the governance of the Stewart Island Electrical Supply Authority (SIESA). (k) Overseeing the management of SIESA by way of relationship with officers of Southland District Council. |
Te Anau Community Board |
(l) Overseeing the management of the Te Anau/Manapouri Airport by way of relationship with officers of Southland District Council. |
5.2 Power to Recommend
Assets and Facilities |
(m) Annually providing feedback on any asset management plans or community services strategies applicable to the community for which the Community Board is responsible. |
Rentals and leases |
(n) In relation to all leases of land and buildings within their own area, on behalf of Council; a) Recommending rentals in excess of $10,000 per annum to the Group Manager Services and Assets. b) Recommending the preferential allocation of leases where the rental is in excess of $10,000 per annum to the Group Manager Services and Assets. |
Contracts/Tenders |
(o) Recommending tenders less than $200,000 to the Group Manager Services and Assets. (p) Recommending tenders in excess of $200,000 to the Services and Assets Committee. (q) Recommending tenders to the Services and Assets Committee where preference is not for acceptance of the highest tenderer, |
Financial |
(r) Recommending annual estimates to Council. (s) Recommending unbudgeted expenditure in excess of $10,000 to the Services and Assets Committee. |
Local Policy |
(t) Considering matters referred to it by officers, the Council, its committees or subcommittees, including reports and policy and bylaw proposals relating to the provision of council services within the Board’s area; and (u) Making submissions or recommendations in response to those matters as appropriate. |
5.1 Delegations to the Chairperson
The Chairperson of each Community Board is delegated with the following additional responsibilities:
· Approval of leases, rental agreements and the rollover of existing contracts under $1,000;
· Engaging with Community Board members to make submissions to the Council on behalf of the Community Board where a submission period is outside of the Community Board meeting cycle. Where a Chairperson is unable to base a submission on a consensus among Community Board members, a Community Board meeting must be held.
6. REPORTING
Community Boards are unincorporated statutory bodies which are elected to represent the communities they serve. There are no formal reporting requirements to Council however; a Councillor of Southland District Council is represented on each Community Board.
Council 26 October 2016 Appendix 1 |
SOUTHLAND DISTRICT COUNCIL
COMMUNITY DEVELOPMENT AREA SUBCOMMITTEE
TERMS OF REFERENCE
Authorising body |
Council |
Approval date |
26 October 2016 |
1. SCOPE OF ACTIVITIES
Community Development Area Subcommittees are delegated the following responsibilities by the Southland District Council.
· Represent and act as an advocate for the interest of its community.
· Consider and reporting on all matters referred to it by the Southland District Council, or any matter of interest or concern to the Community Development Area Subcommittee;
· Maintain an overview of services provided by the Southland District Council within the community;
· Consider annual estimates for expenditure within the community and recommend these to Council;
· Communicate with community organisations and special interest groups within the community;
· Undertaking any other responsibilities that are delegated to it by the Southland District Council.
In addition to these activities, Community Development Area Subcommittees will consider how best to provide for our communities, and the people who live there, into the future.
Community Development Area Subcommittees will provide leadership by:
· Positively representing their community and the Southland District;
· Identifying key issues that will affect their community’s future and work with Council staff and other local representatives to facilitate multi-agency collaborative opportunities.
· Promote a shared vision for the wider community of interest area and develop ways to work with others to achieve positive outcomes
Community Development Area Subcommittees will adopt a strategic focus that will enable members to:
· Provide local representation and guidance on wider community issues, initiatives and projects.
· Contribute to the development and promotion of community cohesion, by developing and supporting relationships across a range of stakeholders at a local, regional and national level.
· Take part in local community forums, meetings and workshops.
· Inform local residents and ratepayers on issues that affect them.
2. MEMBERSHIP
Six elected members and one appointed member being the appointed District Councillor.
The appointed District Councillor has speaking rights and voting rights at Community Development Area Subcommittee meetings to which he/she has been appointed.
Where a District Councillor is unable to attend a meeting of the Community Development Area Subcommittee to which he/she has been appointed, another District Councillor from within the same Ward may attend the Community Development Area Subcommittee meeting but has speaking rights only.
3. CANDIDATE AND VOTING ELIGIBILITY
• Eligibility for candidates to stand for election
Residents or ratepayers from within the defined area of the CDA who have resided or owned a property in that area for a minimum of six months.
• Nomination of candidates for election to CDAs
Residents or ratepayers from within the defined area of the CDA who have resided or owned a property in that area for a minimum of six months.
• Eligibility to vote at the public meeting to elect candidates for the CDA
Residents or ratepayers from within the defined area of the CDA who have resided or owned a property in the area for a minimum of six months.
• Defined area of the CDA
The defined area is the legally constituted rating boundary of the CDA from where the local rate is collected and expended.
• Identification of a candidate or nominator of the triennial public meeting
Candidates and nominators must complete the triennial attendance register at the public meeting, the register will identify the candidates and nominators residential address or in the case of an absentee landowner his/her address can be identified from the ratepayers roll for that CDA.
• Election of Chairperson of the CDA
The Chairperson of the CDA is elected by members of the CDA at the inaugural meeting of the CDA for that term.
• Nominations in absentia at Triennial meeting
Where a nominee for election to the Subcommittee is unable to attend the Triennial meeting, the nomination is acceptable providing that nominee has lodged an apology for the meeting. The two nominators must be present at the triennial meeting.
· Proxy Voting
Proxy voting at the CDA triennial elections meeting is NOT permitted.
• Community Development Area Subcommittee
The CDA is a Subcommittee of Council and must comply with Council’s Code of Conduct and Standing Orders. CDA resolutions are recommendations as per the minutes and must be confirmed by Council.
4. MEETING SCHEDULE
Community Development Area Subcommittees will meet on the same timetable as the 2013/2016 triennium.
Community Development Area Subcommittees may also meet outside of the regular meeting schedule to address issues which are time bound or to meet demand if there are a significant number of agenda items.
All meetings outside of the regular meeting schedule shall be called by the Chairperson.
Community Development Area Subcommittee members will be kept abreast of operational issues and the progress of projects via regular contact with their Township Community Engineer.
5. QUORUM
The quorum at any meeting of a Community Development Area Subcommittee of the Southland District Council shall be not less than four members.
6. DELEGATIONS
6.1 Power to Act
Community Development Area Subcommittees shall have the following delegated powers and be accountable to Council for the exercising of these powers[3]:
Engagement and representation |
(a) Facilitating the Council’s consultation with local residents and community groups on local issues and local aspects of district wide issues including input into the Long-term Plan, Annual Plan, and policies that impact on the Board’s area. (b) Engaging with council officers on local issues and levels of service, including infrastructural, recreational, community services and parks, reserves and cemetery matters. (c) Representing the interests of the community at Council, Committee or Subcommittee meetings when a motion under debate relates to a matter that the Board considers to be of particular interest to the residents within its community. (d) Monitoring and keeping the Council informed of community aspirations and the level of satisfaction with services provided. |
Financial |
(v) Approving expenditure within the limits of annual estimates. (w) Approving unbudgeted expenditure for locally funded activities up to the value of $10,000. |
Rentals and leases |
(e) In relation to all leases of land and buildings within their own area, on behalf of Council; a) Accepting the highest tenders for rentals of $10,000; or less per annum. b) Approving the preferential allocation of leases where the rental is $10,000 or less per annum. |
Local assets and facilities |
(f) Overseeing the management of local halls and community centres which are owned by Council and where no management committee exists. This will occur by way of relationship with officers of Southland District Council. (g) Appoint a local liaison person responsible for community housing. |
6.2 Power to Recommend
Assets and Facilities |
(h) Annually providing feedback on any asset management plans or community services strategies applicable to the community for which the Community Development Area Subcommittee is responsible.
|
Rentals and leases |
(i) In relation to all leases of land and buildings within their own area, on behalf of Council; a) Recommending rentals in excess of $10,000 per annum to the Group Manager Services and Assets. b) Recommending the preferential allocation of leases where the rental is in excess of $10,000 per annum to the Group Manager Services and Assets. |
Contracts/Tenders |
(x) Recommending tenders less than $200,000 to the Group Manager Services and Assets. (y) Recommending tenders in excess of $200,000 to the Services and Assets Committee. (z) Recommending tenders to the Services and Assets Committee where preference is not for acceptance of the highest tenderer,
|
Financial |
(a) Recommending annual estimates to Council (b) Recommending unbudgeted expenditure in excess of $10,000 to the Services and Assets Committee. |
Local Policy |
(c) Considering matters referred to it by officers, the Council, its committees or subcommittees, including reports and policy and bylaw proposals relating to the provision of council services within the Board’s area; and (d) Making submissions or recommendations in response to those matters as appropriate. (e) Appoint a local liaison person responsible for community housing. |
6.3 Delegations to the Chairperson
The Chairperson of each Community Development Area Subcommittee is delegated with the following additional responsibilities:
· Approval of leases, rental agreements and the rollover of existing contracts under $1,000;
· Engaging with Community Development Area Subcommittee members to make submissions to the Council on behalf of the Community Development Area Subcommittee where a submission period is outside of the Community Development Area Subcommittee meeting cycle. Where a Chairperson is unable to base a submission on a consensus among Community Development Area Subcommittee members, a Community Development Area Subcommittee meeting must be held.
7. REPORTING
Community Development Area Subcommittees are elected to represent the communities they serve. There are no formal reporting requirements to Council however; a Councillor of Southland District Council is represented on each Community Development Area Subcommittee.
Council 26 October 2016 Appendix 1 |
SOUTHLAND DISTRICT COUNCIL
WATER SUPPLY SUBCOMMITTEES
TERMS OF REFERENCE
Authorising body |
Council |
Approval date |
26 October 2016 |
1. SCOPE OF ACTIVITIES
The activity of the Southland District Council’s Water Supply Subcommittees is framed by Southland District Council policies and plans. The responsibilities of these Water Supply Subcommittees include:
· Providing feedback to Council officers on relevant plans and strategies (including Asset Management Plans).
· Receiving operational and financial reports.
· Community engagement and representing community views to Council.
2. MEMBERSHIP
2.1 Te Anau Basin Water Supply Subcommittee
The total membership of the Te Anau Basin Water Supply Subcommittee will be nine. Membership of the Subcommittee shall be determined by an election at a triennial public meeting.
The Subcommittee representation shall comprise:
· A water supply consumer from each of the following areas:
- Duncraigen,
- Homestead,
- Kakapo,
- Mt York,
- Princhester,
- Ramparts,
- Takitimu.
· Two representatives appointed by Landcorp; and
· One Councillor of Southland District Council.
· A quorum will consist of five members.
The Chairperson shall be elected by vote of the Subcommittee.
2.2 Matuku Water Supply Subcommittee
The total membership of the Matuku Water Supply Subcommittee will be six plus a District Councillor.
A quorum will consist of four members.
The Chairperson shall be elected by the vote of the Subcommittee.
2.3 Five Rivers Water Supply Subcommittee
The total membership of the Five Rivers Water Supply Subcommittee will be six members plus a District Councillor.
A quorum will consist of four members.
The Chairperson shall be elected by the vote of the Subcommittee.
3. Meeting Schedule
3.1 Te Anau Basin Water Supply Subcommittee
Three meetings per annum or as required. Meetings outside of the regular meeting schedule shall be called by the Chairperson.
3.2 Matuku Water Supply Subcommittee
One meeting per annum or as required. Meetings outside of the regular meeting schedule shall be called by the Chairperson.
3.3 Five Rivers Water Supply Subcommittee
One meeting per annum or as required. Meetings outside of the regular meeting schedule shall be called by the Chairperson.
4. DELEGATIONS
4.1 Power to Act
The Te Anau Basin, Matuku and Five Rivers Water Supply Subcommittees shall have the following delegated powers and be accountable to Council for the exercising of these powers[4]:
(a) Power to recommend the annual budget relating to the relevant water supply scheme.
(b) Power to approve expenditure outside Council's authorised officer levels but within the budget of the water supply schemes. All decisions to approve expenditure outside Council’s authorised officer levels must be made by way of a resolution at a meeting of the Water Supply Subcommittees. Any such decisions must be reflected in the minutes of the meeting.
(c) Power to approve new connections to the relevant water supply scheme.
(d) Power to approve expenditure outside of the relevant annual budget for emergency works.
(e) Policies relating to water schemes;
In addition to the power to approve expenditure outside of the relevant annual budget for emergency works, this Committee can also recommend unbudgeted expenditure to Council for approval.
Council 26 October 2016 Appendix 1 |
SOUTHLAND DISTRICT COUNCIL
OHAI-NIGHTCAPS AND DISTRICTS DOCTORS HOUSE AND SURGERY SUBCOMMITTEE
TERMS OF REFERENCE
Authorising body |
Council |
Approval date |
26 October 2016 |
1. SCOPE OF ACTIVITIES
The Ohai- Nightcaps and Districts Doctors House and Surgery Subcommittee is responsible for allocation of the net proceeds received from the sale of the former doctor’s residence in Nightcaps.
2. MEMBERSHIP
The Ohai-Nightcaps and Districts Doctors House and Surgery Subcommittee is a subcommittee of the Council’s Community and Policy Committee.
Membership of the subcommittee shall comprise of the following:
· Two members appointed by the Ohai-Nightcaps Lions Club
· One member of the Nightcaps Community Development Area Subcommittee
· One member of the Ohai Community Development Area Subcommittee
· One Councillor who shall be the Chairperson of the Subcommittee
3. QUORUM
The quorum of any meeting of the Ohai-Nightcaps and Districts Doctors House and Surgery Subcommittee shall be three members.
4. Meeting Schedule
The Subcommittee shall meet as and when required (on receipt of any application(s) lodged for a grant from the funds managed by the Subcommittee).
5. Delegations
The Ohai-Nightcaps and Districts Doctors House and Surgery Subcommittee is tasked with considering applications for grant monies from medical organisations within the Ohai and Nightcaps areas.
6. Reporting
Minutes of all meetings of the Ohai-Nightcaps and Districts Doctors House and Surgery Subcommittee will be provided to the Community and Policy Committee.