Notice is hereby given that a Meeting of the Milford Community Trust will be held on:

 

Date:                            

Time:

Meeting Room:

Venue:

 

Monday, 25 June 2018

 9.30am

Real Journeys Fiordland Community Events Centre
Luxmore Drive
Te Anau

 

Milford Community Trust Agenda

OPEN

 

 

MEMBERSHIP

 

Chairperson

Mike Schuck

 

Trustees

Rosco Gaudin

 

 

Tim Holland

 

 

Brad Johnstone

 

 

Mike McConachie

 

 

Jason Steele

 

 

Councillor Ebel Kremer

 

 

IN ATTENDANCE

 

Committee Advisor

Jenny Labruyere

Community Partnership Leader

Simon Moran

Chief Finacial Officer

Anne Robson

Department of Conservation

Antonia Croft

 

 

Contact Telephone: 0800 732 732

Postal Address: PO Box 903, Invercargill 9840

Email: emailsdc@southlanddc.govt.nz

Website: www.southlanddc.govt.nz

 

Full agendas are available on Council’s Website

www.southlanddc.govt.nz

 

 


Milford Community Trust

25 June 2018

 

TABLE OF CONTENTS

ITEM                                                                                                                                                                                  PAGE

Procedural

1             Apologies                                                                                                                                                                5

2             Leave of absence                                                                                                                                                5

3             Conflict of Interest                                                                                                                                             5

4             Public Forum                                                                                                                                                         5

5             Extraordinary/Urgent Items                                                                                                                        5

6             Confirmation of Minutes                                                                                                                               6

Reports

4.1         Financial Report to 31 May 2018                                                                                                             12

4.2         Milford Community Trustee Appointments                                                                                    17

4.3         Walkway Update

Trustee Holland to provide an update on the walkway project.   


1             Apologies

 

At the close of the agenda no apologies had been received.

 

2             Leave of absence

 

At the close of the agenda no requests for leave of absence had been received.

 

3             Conflict of Interest

 

Committee Members are reminded of the need to be vigilant to stand aside from decision-making when a conflict arises between their role as a member and any private or other external interest they might have.

 

4             Public Forum

Notification to speak is required by 5pm at least two days before the meeting. Further information is available on www.southlanddc.govt.nz or phoning 0800 732 732.

 

5             Extraordinary/Urgent Items

To consider, and if thought fit, to pass a resolution to permit the committee to consider any further items which do not appear on the Agenda of this meeting and/or the meeting to be held with the public excluded.

Such resolution is required to be made pursuant to Section 46A(7) of the Local Government Official Information and Meetings Act 1987, and the Chairperson must advise:

(i)                  the reason why the item was not on the Agenda, and

(ii)          the reason why the discussion of this item cannot be delayed until a subsequent meeting.

Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

“Where an item is not on the agenda for a meeting,-

(a)    that item may be discussed at that meeting if-

(i)            that item is a minor matter relating to the general business of the local authority; and

(ii)           the presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but

(b)             no resolution, decision or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion.”

 

6             Confirmation of Minutes

6.1             Confirms the minutes of Milford Community Trust meeting, held on 23 February 2018


 

 

 

OPEN MINUTES

 

UNCONFIRMED

 

 

 

Minutes of a meeting of Milford Community Trust held in the Milford Sound Tourism Limited , Board Room, Milford on Friday, 23 February 2018 at 3.00pm.

 

present

 

Chairperson

Mike Schuck

 

Trustees

Rosco Gaudin

 

 

Tim Holland

 

 

Ebel Kremer

 

 

IN ATTENDANCE

 

Committee Advisor

Jenny Labruyere

 

Community Partnership Leader

Simon Moran

 

 


1             Apologies

 

Apologies  for non-attendance where received by Trustees Johnstone, McConachie and Steele.

 

Moved Trustee Gaudin, seconded Trustee Holland and resolved:

That the  Milford Community Trust accept the apologies lodged by Trustees Johnstone, McConachie and Steele.

 

2             Leave of absence

 

At the close of the agenda no requests for leave of absence had been received.

 

3             Conflict of Interest

 

There were no conflicts of interest declared.

 

4             Public Forum

 

There were no members of the public wishing to speak in public forum.

 

5             Extraordinary/Urgent Items

 

There were no Extraordinary/Urgent items.

 

6             Confirmation of Minutes

 

Resolution

Moved Cr Kremer, seconded Trustee Gaudin  and resolved

That the minutes of Milford Community Trust meeting, held on 1 December 2017 be confirmed as a true and correct record of the meeting.

 

 

Reports

 

The Trustees agreed to allow the Department of Conservation Representative, Antonia Croft, to join the meeting via telephone conference and speak at this point.

 

 

8.1      Department of Conservation Report

 

The Department of Conservation representative Ms A Croft joined the meeting at 2.00pm by phone conference to update the Trust on the Department’s activities with which she has been involved since the Trust’s last meeting.  This included the following;

 

·         The Minister of Conservation Ms E Saga to visit Milford the week of 27 February 2018

·         Bowen Falls excursion is now available for public access via a short boat journey to the track

·         Potential opportunity for the installation of a satellite in Milford for the extension of essential services which would provide significant benefits for businesses

·         Record number of visitors the Milford to date this season

·         Advised that the recreation centre site is only available for a further two years and that if this opportunity is not realised within the timeframe the land will no longer be available for the purpose of a recreation centre

·         Recent meeting with the Department and Environment Southland in regard to the potential to live streaming monitoring for 24 hour monitoring of the flood sensors on the Cleddau River.  Ms Croft requested the Trust consider the possible use of $15,000 of Trust funds that is tagged for the Cleddau protection.

 

Trustees requested clarification as to the  potential use of these funds and whether it can be used as a one off contribution or if these funds must be used for on-going maintenance.

 

Staff to investigate how these funds may be allocated.

 

At this point Chairman Schuck, tabled a letter sent to him from Dave McCarlie in regard to Deepwater Basin and the continued use of this area for recreational boat users and the parking of boat trailers.

 

Ms Croft advised she was fully aware of Mr McCarlie’s request, and that there are plans in place with the Department which is responsible for the area to assist in the future with the issues raised.

 

Mr Schuck advised he will respond to the correspondent and advise this is a Department responsibility.

 

 

7.1

Financial Report to 31 December 2017

Record No: R/18/1/881

 

Mr Simon Moran, Community Partnership Leader, presented the report.

 

Mr Moran updated Trustees on the financial performance to date adding a grant of $1,000 has been received from the Council’s  Community Initiative Fund  which will assist with the purchase of sports equipment such as a tennis net and basketball hoop, for the recreation pad.

 

The Chair requested a letter of thanks be sent to the Council acknowledging the grant received. 

 

Trustees also requested staff investigate and clarify the  purpose of the  Environment Southland – consent fees of $15,000  in the Statement of  Financial report.

 

 

Resolution

Moved Trustee Holland, seconded Cr Kremer   and resolved

That the Milford Community Trust:

a)            Receives the report titled “Financial Report to 31 December 2017” dated 8 February 2018.

 

 

7.2

Draft Statement of Intent 2018 - 2021

Record No: R/18/2/2789

 

Mr Simon Moran, Community Partnership Leader, presented the report.

 

Mr Moran advised that at its December meeting the Trust considered a number of changes to its draft Statement of Intent (SOI) for 2018-2021 and that the document has been amended accordingly.

 

Mr Moran added there are still several matters outstanding that require decisions to be made on the future of activities of the Trust relating to the recreation centre, Milford Emergency Team Leader and medical clinic proposals and any decisions made on these proposals will need to be reflected in the draft SOI.

 

In discussing the report in regard to the walking tracks, namely the track from the Airport to Deepwater Basin, Trustees were in agreement to pursue development of the track due to safety issues for pedestrians in that area. 

 

Trustees believe that NZTA  is prepared to contribute funds to this walkway due to its proximity with the road, and the Trust has funds allocated of up to $130,000 from reserves for walkways and that there would not be any on-going cost once the project is completed. 

 

In relation to the Walkway from Deepwater Basin to Milford Sound Lodge Trustees believe further investigation and costings is required.

 

At this point it became apparent that further information is required and this information will become apparent once discussion on the Public Excluded report is complete.

 

Trustees resumed discussion on the Draft Statement of Intent at 4.35pm following the Public Exclusion report discussions which provided necessary information  required to progress finalisation of the draft SOI.

 

Following the discussions during the Public Excluded report Trustees agreed as follows;

 

Planned activities 2018/19

·         Provide joint funding to complete the walking track from the Airport to Deepwater Basin

·         Investigate funding feasibility for having a medical clinic pilot service in Milford for 18/19 season

·         Include funds signalled for Environment Southland monitoring system.

 

 

Resolution

Moved Trustee Gaudin, seconded Trustee Holland  and resolved

That the Milford Community Trust:

a)            Receives the report titled “Draft Statement of Intent 2018 - 2021” dated 8 February 2018.

 

b)           Approves the Draft Statement of Intent 2018–2021 for presentation to Council subsequently distributed to stakeholders subject to amendments as discussed.

 

 

7.3

Milford Half Year Financial Report to 31 December 2017

Record No: R/18/2/2775

 

Mr Simon Moran, Community Partnership Leader, presented the report.

 

 

Resolution

Moved Cr Kremer, seconded Trustee Holland  and resolved

That the Milford Community Trust:

a)            Receives the report titled “Milford Half Year Financial Report to 31 December 2017” dated 8 February 2018.

 

b)           Approves the half yearly report for the six month period to 31 December 2017, and recommends that the report be submitted to the Southland District Council for information purposes and subsequently distributed to the Trust’s stakeholders.

 

 

8.2      Chairperson’s Report

 

The Chairperson, Trustee Schuck, reported on matters with which he has been involved since the Trust’s last meeting, these included;

 

·         The Trust held an informal meeting with stakeholders to outline the potential development of a recreation centre in Milford.  Although this was well attended some of the larger business where unable to attend and Trustee’s believed it would gain more support if the Chair where to meet individually with these stakeholder, and advise what the Trust is trying to achieve including the purpose of the build and its multiple uses.

 

·         The Chair outlined dates for meeting for the rest of the year highlighting the issues of getting the local community to the Milford meeting and confirmed that late November early December is better timing for this meeting, and for it to be held later in the day i.e. a 4.00pm start time to allow Milford staff time to attend after their working day.

 

 

 

 

 

8.3      Councillor’s Report

 

Councillor Kremer reported on activities from the Southland District Council table, this included;

 

·         Ten year plan due to be finalised to go out for public consultation

·         Outlined the Representation Review process

 

Public Excluded

 

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

Resolution

Moved Trustee Gaudin, seconded Cr Kremer 

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

C5.1 Milford Emergency Response Team Leader and Medical Clinic Proposals

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

 

Milford Emergency Response Team Leader and Medical Clinic Proposals

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

The report contains detailed information on potential commercial activities..

s7(2)(i) - The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

The report contains detailed information on potential 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 Staff be permitted to remain at this meeting, after the public has been excluded, because of their knowledge of the item Milford Emergency Response Team Leader and Medical Clinic Proposals. 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 3.50pm.

 

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 4.55pm                       CONFIRMED AS A TRUE AND CORRECT RECORD AT A MEETING OF THE Milford Community Trust HELD ON 23 FEBRUARY 2018.

 

 

 

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

 

 

 

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

 


Milford Community Trust

25 June 2018

 

Financial Report to 31 May 2018

Record No:             R/18/4/8643

Author:                      Shelley Dela Llana, Accountant

Approved by:         Anne Robson, Chief Financial Officer

 

  Decision                                        Recommendation                                  Information

 

 

 

Commentary

Financial Performance

1        Concessionaire income is as expected with all quarters being invoiced.

2        Grant income of $1,000 was received from the Community Initiatives Fund to provide sports equipment for the recreational pad.

3        Total expenditure is significantly under budget primarily due to the recreation centre project not being undertaken this year. Trustee fees continue to be under budget, and Trustees are reminded that if they don’t lodge their claim for this current meeting on or before the next meeting, the fees are forfeited. 

Financial Position

4        MCT continue to have a strong cash position with $128,000 across the call and current accounts. The call account receives interest at a rate of 0.1% p.a. 

5        In June, Council staff have invested $125,000 of the call account funds in a monthly rolling short-term deposit to achieve a higher interest rate, taking into consideration that the funds may need to be available to cover monthly cashflow requirements.

6        Additionally, $163,000 is invested in term deposits as outlined in the table below. If the Trust require these funds to be invested for a longer term, or reinvested, please notify Council staff so that the investments can be amended accordingly.

 

Bank

Amount

Interest Rate

Term

Maturity Date

Expected Interest

BNZ

$41,089.62

3.25%

180 Days

19/06/2018

$658.56

BNZ

$71,906.83

3.25%

180 Days

12/06/2018

$1,152.48

BNZ

$50,000.00

3.25%

90 Days

10/09/2018

$552.05


 

 

Recommendation

That the Milford Community Trust:

a)            Receives the report titled “Financial Report to 31 May 2018” dated 19 June 2018.

 

 

 

Attachments

There are no attachments for this report.  

 


Milford Community Trust

25 June 2018

 

Milford Community Trustee Appointments

Record No:             R/18/6/13520

Author:                      Simon Moran, Community Partnership Leader

Approved by:         Steve Ruru, Chief Executive

 

  Decision                                        Recommendation                                  Information

 

 

 

Purpose

1        To advise the Milford Community Trust of Council’s decision to appoint Cr Ebel Kremer as an interim Independent Chair of the Milford Community Trust for a period of 18 months and re-appoint Jason Steele as a Trustee.

2        To seek a decision from the Trust on whether it is comfortable to continue with one Trustee position left vacant for the moment.

Executive Summary

3        The report provides some background to the Trust, the need for the appointments, and the reason why the appointment of the Chair is for a shorter period of time than provided for in the Trust Deed. It recommends that the remaining Trustee position remain vacant for the time being.

 

Recommendation

That the Milford Community Trust:

a)            Receives the report titled “Milford Community Trustee Appointments” dated 20 June 2018.

 

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)           Agrees to Option 1 - that the final Trustee position remain vacant for the time being and that this decision can be reconsidered at any future meeting of the Trust.

 

e)            Records its thanks to Mike Schuck for the time he has been involved with the Milford Community Trust as a Trustee and independent Chair.

 

f)             Records its thanks to Mike McConachie for his time as a Trustee on the Milford Community Trust


 

Background

4        The Milford Community Trust was established in 2007 by the Southland District Council and the Department of Conservation with the assistance of Environment Southland for the purposes of providing leadership and governance for the Milford community.

5        The objectives of the Trust are:

(a)   To manage and carry out services and undertake leadership, planning and advocacy for the general benefit of the Milford community so as to ensure as far as possible that the infrastructure of the community and its sense of identity, viability and wellbeing are maintained and enhanced.

(b)   To liaise with and communicate with all individuals, organisations, groups and other parties with interests in the Milford community for all purposes which are beneficial to the community.

(c)    To represent the interests of the Milford community to ensure that the natural environments and outstanding values of the Milford Sound area are safeguarded and protected for all residents and visitors to the area.

(d)   To monitor and maintain an overview of all activities and services provided within the Milford community.

(e)    To consider and report on all matters either referred to and/or delegated to it from time to time by the Department of Conservation and the Southland District Council and on any matter of interest or concern to the Milford community.

(f)    To access, use or invest funds and enter into arrangements, contracts and other agreements upon such securities or in such manner and upon such terms and conditions that the Trustees deem suitable for the purpose of furthering the objects and purposes of the Trust.

(g)    To carry out such other lawful activities which are incidental or conducive to attaining the objects and purposes of the Trust.

6        In accordance with the Trust Deed the Independent Chair and Trustees are appointed for a four year term by the Council after considering the recommendation of the appointments panel. The panel is made up of the representatives from Southland District Council, Environment Southland, and the Department of Conservation and the Milford Community.

7        On the 9th of May Council received an email from Mike Schuck, the current Independent Chair of the Milford Community Trust (the Trust), in which he stated that he did not wish to be considered for reappointment to that position at the expiry of his term at the end of June 2018. Mike has been part of the Trust since its inception in 2007 and the Chair since 2010.

8        Also at the end of June two other Trustees terms will expire – Mike McConachie and Jason Steele. A call for nominations for Trustees was advertised which closed on the 25th May. Two nominations were received although one has since been withdrawn, the remaining nomination is for Jason Steele. The Trust Deed specifically states in Clause 6(e) that a Trustee may hold office on more than one occasion.

Council’s Decision

9        At its meeting on 18 June Council decided to appoint a chair from within the current Trust structure for an interim period. Cr Kremer is the local Ward councillor and an ex officio Trustee therefore Council decided it was expedient to appoint him as the interim chair so that there is continuity for the existing discussions.

10      Council also decided to re-appoint Jason Steele as a Trustee for a further term.

 

 

Issues

Future direction

11      In May 2017 the Trust held a meeting to discuss strategic issues with one of the key matters being about whether it was clear what its purpose was now that 10 years have passed. That matter is still relevant, and perhaps even more so, now that Fire and Emergency New Zealand have assumed responsibility for the Milford Emergency Response Team Leader role.

12      The current representation and community governance reviews make this an opportune time to explore the options for the future leadership and governance for the Milford community. It was therefore recommended that Council appoint a Chair for an 18 month period to enable those discussions to be had and a direction finalised. If the Trust continues with a redefined purpose then a decision about how it is to be chaired can be made at that time. 

Continued Vacancy

13      Two Trustee positions become vacant at the end of June. Following the withdrawal of one of the applications there will still be one Trustee vacancy. Given the situation outlined above regarding discussions about the future of the Trust it would be reasonable at this stage to proceed with the current Trustees and leave seeking further nominations until the direction of the Trust is clear.

Factors to Consider

Legal and Statutory Requirements

14      The Trust Deed sets out the Trustee positions, who may qualify for appointment to the Trust, and the process for their appointment.

Community Views

15      As stated above the Trust Deed sets out the process and it does not require community input.

Costs and Funding

16      The appointment of the Trustees will not alter existing costs and funding for the Trust. No costs will be incurred by leaving the remaining Trustee position vacant for the time being.

Policy Implications

17      There are no policy implications.

Analysis

Options Considered

18      The options are straight forward – they are that the Trust either chooses to leave the final Trustee position vacant or it recommends to Council that it advertise and appoint a further Trustee.

 

 

Analysis of Options

Option 1 – Continue with a Vacancy

Advantages

Disadvantages

·        The Trust does not have to bring someone new up to speed at a time when they will be having significant discussions about the future of the Trust.

·        The Trustee positions were advertised and there was limited response so continuing with a vacancy is potentially more efficient and effective than trying to drum up interest.

·        Potentially the opportunity to have someone with a fresh perspective is missed.

 

Option 2 – Recommend to Council that the Trustee position be filled

Advantages

Disadvantages

·        There may be someone with a fresh perspective and skills who applies.

·        The Trust may have to bring someone new up to speed at a time when they will be having significant discussions about the future of the Trust.

·        The Trustee positions were advertised with a limited response so continuing to try and fill the vacancy is potentially just costing time and money when there is uncertainty about the Trust’s future direction.

 

Assessment of Significance

19      The decision sought does not trigger any of the significance criteria.

Recommended Option

20      Option 1 is recommended.

 

Attachments

There are no attachments for this report.