OPEN MINUTES
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Minutes of a meeting of Council held in the Council Chamber, 15 Forth Street, Invercargill on Tuesday, 23 June 2020 at 9am. (9am – 10.38am, 12.02pm – 12.23pm (PE 12.02pm – 12.23pm)).
present
Mayor |
Mayor Gary Tong |
Deputy Mayor |
Ebel Kremer |
Councillors |
Don Byars (9am – 10.37am, 12.02pm – 12.23pm) |
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John Douglas |
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Paul Duffy |
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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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Christine Menzies |
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Karyn Owen |
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Margie Ruddenklau |
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Rob Scott |
IN ATTENDANCE
Chief Executive |
Steve Ruru |
Committee Advisor |
Fiona Dunlop |
Council 23 June 2020 |
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1 Apologies
There were no apologies.
2 Leave of absence
There were no requests for leave of absence.
3 Conflict of Interest
There were no conflicts of interest declared.
4 Public Forum
There was no public forum.
5 Extraordinary/Urgent Items
Mayor Tong advised that there was a late item to add to the agenda. The item is Provision of Recycling Services and would be public excluded.
Mayor Tong advised that the item was not included with the agenda as there had been delays in getting the negotiations with Invercargill City Council underway and it was unclear as to whether Southland District Council were going to be able to resolve the negotiation process ahead of 30 June 2020. Some good progress was made last week and as a result staff are now in a position to better understand the timeframe and approximate budget for the revised contract with Invercargill City Council.
The reason that the discussion of this item cannot be delayed until a subsequent meeting is that staff are now in a better position to complete the process by the end of the financial year and ensure continuity of recycling services.
Moved Mayor Tong, seconded Councillor Ruddenklau that the late item “Provision of Recycling Services” be included as a late item to the agenda for the Council meeting..
The motion was put and declared CARRIED.
6 Confirmation of Council Minutes
Moved Mayor Tong, seconded Cr Harpur and resolved: That Council confirms the minutes of the meeting held on 20 May 2020 as a true and correct record of that meeting. |
7.3 |
Speed Limits Bylaw, for adoption Record No: R/20/5/12207 |
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Intermediate Policy Analyst – Carrie Adams, Roading Engineer – Ben Whelan and Strategic Transport Manager – Hartley Hare were in attendance for this item.
Mrs Adams advised that the purpose of the report was to to present the draft Speed Limits Bylaw for adoption by Council.
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Moved Cr Duffy, seconded Cr Douglas and resolved: That Council: a) Receives the report titled “Speed Limits Bylaw, for adoption ” dated 18 June 2020.
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) Notes that on 21 August 2019, Council determined, pursuant to section 155(1) of the Local Government Act 2002, that a bylaw is the most appropriate way of addressing speed limits in the District.
e) Determines prior to making the bylaw, pursuant to section 155(2)(a) of the Local Government Act 2002, that the draft Speed Limits Bylaw is the most appropriate form of bylaw.
f) Determines prior to making the bylaw, pursuant to section 155(2)(b) of the Local Government Act 2002, that the draft Speed Limits Bylaw does not give rise to any implications under the New Zealand Bill of Rights Act 1990.
g) Adopts the amended Speed Limits Bylaw attached to the minutes as appendix 1.
h) Resolves that the amended Speed Limits Bylaw will come into effect and supersede the existing SDC Speed Limits Bylaw 2015 on 12 August 2020.
i) Ensures that in accordance with Section 157 of the Local Government Act 2002, public notice be given of the making of the Speed Limits Bylaw, advising: • that the bylaw will come into force on 12 August 2020 • that copies of the bylaw may be inspected, without fee, at all Council offices • that copies of the bylaw can be obtained upon payment of a reasonable charge. j) Notes that the Local Government Act 2002 states that the Speed Limits Bylaw will be reviewed within five years of being made. |
7.4 |
Risk management - adoption of revised risk register Record No: R/20/5/12039 |
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Strategy and Policy Manager – Michelle Stevenson was in attendance for this item.
Miss Stevenson advised that the purpose of the report was to inform Council of the significant strategic and corporate risks for the June 2020 quarter and to seek adoption of Council’s revised top strategic risks with a proposed operational date of 1 July 2020.
The Council noted that they would be adopting the following as the top strategic risks: 1. Inaccurate data leads to bad decisions/asset failure 2. Underinvestment in infrastructure 3. Infrastructure not fit for purpose to withstand climate change 4. Inadequate, incomplete or lack of strategy/policy impacts the wellbeing of the District 5. Natural or biosecurity event impacts the wellbeing of the District 6. Health and safety controls fail to protect staff and contractor safety 7. Financial conservatism constrains progress towards strategic objectives 8. Difficulty retaining or recruiting staff affects service levels 9. Over-commitment leads to inability to deliver agreed work programme 10. Growth and demand dependent model makes it hard to fund new infrastructure
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Moved Mayor Tong, seconded Cr Keast and resolved: That the Council: a) Receives the report titled “Risk management - adoption of revised risk register” dated 18 June 2020.
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 revised top strategic risks as follows to become effective 1 July 2020: 1. Inaccurate data leads to bad decisions/asset failure 2. Underinvestment in infrastructure 3. Infrastructure not fit for purpose to withstand climate change 4. Inadequate, incomplete or lack of strategy/policy impacts the wellbeing of the District 5. Natural or biosecurity event impacts the wellbeing of the District 6. Health and safety controls fail to protect staff and contractor safety 7. Financial conservatism constrains progress towards strategic objectives 8. Difficulty retaining or recruiting staff affects service levels 9. Over-commitment leads to inability to deliver agreed work programme 10. Growth and demand dependent model makes it hard to fund new infrastructure. |
7.5 |
Review of Section 2.3 Natural Features and Landscapes Record No: R/20/6/13623 |
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Team Leader Resource Management – Marcus Roy was in attendance for this item.
Mr Roy advised that the purpose of the report was to seek endorsement from Council to review the Natural Features and Landscapes section of the Southland District Plan 2018 with a view to compile and notify a Plan Change to the Natural Features and Landscapes section.
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Moved Cr Duffy, seconded Cr Frazer and resolved: That the Council: a) Receives the report titled “Review of Section 2.3 Natural Features and Landscapes” dated 18 June 2020.
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 a review and subsequent Plan Change to Section 2.3 Natural Features and Landscapes of the Southland District Plan 2018. |
8.1 |
Reserve Classification Change to enable FENZ to Expand Fire Depot at Drummond Record No: R/20/3/6493 |
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Property Advisor – Theresa Cavanagh was in attendance for this item.
Ms Cavanagh advised that the purpose of the report was to undertake classification changes of Reserves to facilitate the expansion of the Fire Depot at 11 Hamilton Street, Drummond which enable Fire Emergency New Zealand to enter into a lease agreement with Council.
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Moved Mayor Tong, seconded Cr Scott and resolved: That the Council: a) Receives the report titled “Reserve Classification Change to enable FENZ to Expand Fire Depot at Drummond” dated 18 June 2020.
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) Resolves that the Reserve classification of Lot 33 DP 276 is changed from Recreation Reserve to Local Purpose Reserve (Community Building).
e) Resolves that Lot 32 DP 276 is classified as a Local Purpose Reserve (Community Building) under the Reserves Act. |
8.2 |
Around the mountains cycle trail - February flooding repairs - Unbudgeted expenditure Record No: R/20/5/12568 |
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Group Manager Services and Assets – Matt Russell and Commercial Infrastructure Manager – Ashby Brown were in attendance for this item.
Mr Russell advised that the purpose of the report is to seek approval from Council in support of the unbudgeted expenditure for flooding repairs and improvements to Around the Mountains Cycle Trail.
The Council noted that there had been an unprecedented flooding event on 4 and 5 February 2020 and this resulted in scouring and surface material loss on the trail rendering several areas as unpassable and other areas difficult to ride.
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Moved Cr Kremer, seconded Cr Douglas and resolved: That Council: a) Receives the report titled “Around the mountains cycle trail - February flooding repairs - Unbudgeted expenditure” dated 18 June 2020.
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 unbudgeted expenditure to repair and improve the Around the Mountains Cycle Trail for a total cost of $379,793 plus GST to be fully funded by a grant to be received from the Ministry of Business Innovation and Employment. |
8.3 |
Monthly Financial Report - April 2020 Record No: R/20/6/12833 |
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Project Accountant – Dee Patel (via zoom) was in attendance for this item.
Mrs Patel advised that the purpose of the report was to provide Council with an overview of the financial results to date by the nine activity groups of Council, as well as the financial position, and the statement of cash flows.
The Council noted that this report is a summary of Council financial results for the ten months to 30 April 2020.
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Moved Mayor Tong, seconded Cr Ruddenklau and resolved: That the Council: a) Receives the report titled “Monthly Financial Report - April 2020” dated 18 June 2020.
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8.4 |
Bridge Weight Restriction Postings 2019/2020 Record No: R/20/6/15278 |
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Strategic Manager Transport – Hartley Hare was in attendance for this item.
Mr Hare advised that the purpose of the report was for Council to confirm as the road controlling authority any weight limit postings necessary for bridges on the roading network and to revoke any restrictions which no longer apply.
The Council noted that the report provided the information to be able to fulfil requirement to confirm bridge postings and that was last done on 19 June 2019.
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Moved Cr Keast, seconded Cr Harpur and resolved: That the Council: a) Receives the report titled “Bridge Weight Restriction Postings 2019/2020” dated 18 June 2020.
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 confirm that in accordance with the Transport Act 1962 and Heavy Motor Vehicle Regulations 1974, the maximum weight and speed limits for heavy motor vehicles on bridges as listed on the attached schedule (Attachment A of the officer’s report) be imposed.
e) Agrees to continue to rely on the Central on Bridge restriction to limit posting restrictions and continues to mitigate this risk through ongoing promotion of posting compliance, particularly in the following areas:
· for those restrictions which have curved approaches; and · where the posting restriction difference between the central on bridge and eccentrically loaded calculation exceeds 20% and the bridge carries more than two heavy vehicles a day.
f) Agrees to confirm there is a commitment to further mitigate the risk associated with the inspection process by continuing to incorporate invasive annual testing across all posted bridges which have areas of concern.
g) Agrees to notify the weight limits to the New Zealand Police, New Zealand Transport Agency, Road Transport Forum New Zealand (Inc) and by public notice in daily newspapers.
h) Agrees to confirm the current closure of the following bridges: · McLeish Road · Thomsons Crossing Road West · Scott Road · Off Hall Road |
8.5 |
Approval to Submit Funding Application to the Provincial Growth Fund for Observation Rock Upgrade Project and Unbudgeted Revenue and Expenditure Request. Record No: R/20/6/22255 |
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Community Partnership Leader – Karen Purdue was in attendance for this item.
Mrs Purdue advised that the purpose of the report was seek approval from Council for unbudgeted expenditure relating to the Observation Rock project on Stewart Island/Rakiura and to seek approval to submit an application for funding to the Provincial Growth Fund.
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Moved Mayor Tong, seconded Cr Scott and resolved: That Council: a) Receives the report titled “Approval to Submit Funding Application to the Provincial Growth Fund for Observation Rock Upgrade Project and Unbudgeted Revenue and Expenditure Request.” dated 18 June 2020.
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 submit the application for unbudgeted revenue for the amount of $113,500 for funding to the Provincial Growth Fund for the Observation Rock upgrade project.
e) Approves the request for unbudgeted expenditure for the “Observation Rock” project in the amount of $193,500, subject to the application to the Provincial Growth Fund being approved. |
8.6 |
Revoke delegations and dissolution of emergency committee for the Covid-19 response Record No: R/20/6/12986 |
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Chief Executive – Steve Ruru was in attendance for this item.
Mr Ruru advised that the purpose of the report was to revoke the delegations put in place for the Services and Assets Committee to make decisions during the Covid-19 pandemic, it also recommends that Council dissolve the Emergency Committee and further revokes the powers given to the Chief Executive in the event that Council could not meet during that time.
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Moved Mayor Tong, seconded Cr Owen and resolved: That the Council: a) Receives the report titled “Revoke delegations and dissolution of emergency committee for the Covid-19 response” dated 18 June 2020.
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) Revokes on 24 June 2020 the revised delegations to the Services and Assets Committee agreed in resolution (d) of the report dated 24 March 2020.
e) Dissolves the Emergency Committee that comprised of three Councillors being Mayor, Tong, Deputy Mayor Kremer and Cr Douglas, agreed in resolution (e) of the report dated 24 March 2020
f) Revokes the delegations to the Chief Executive to exercise the responsibilities, duties and power of Council in the event that Council, its committees or community boards could not meet, resolution (j) of the report dated 24 March 2020. |
8.7 |
Record No: R/20/6/13233 |
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Chief Executive – Steve Ruru was in attendance for this item.
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Moved Cr Kremer, seconded Cr Frazer That the Council: a) Receives the report titled “Management Report” dated 14 June 2020. |
(Councillor Byars left the meeting at 10.37am.)
Exclusion of the Public: Local Government Official Information and Meetings Act 1987
That the public be excluded from the following part(s) of the proceedings of this meeting. C1.1 Provision of Recycling Services 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 |
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Provision of Recycling Services |
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). |
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, Group Manager - Environmental Services, Group Manager - Services and Assets (via zoom), Group Manager - Community and Futures, Chief Financial Officer, Group Manager - Customer Delivery, Communications Manager, Strategic Manager Water and Waste and Committee Advisor be permitted to remain at this meeting, after the public has been excluded, because of their knowledge of the items C1.1 Provision of Recycling Services. 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 10.38am.
The meeting adjourned at 10.38am for morning tea. Following morning tea, the Services and Assets Committee met and considered the business on their agenda.
The meeting reconvened at 12.02pm in public excluded.
Mayor Tong and all Councillors were present when the meeting reconvened.
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 12.23pm. CONFIRMED AS A TRUE AND CORRECT RECORD AT A MEETING OF THE Council HELD ON TUESDAY 23 JUNE 2020.
DATE:............................................................................................
CHAIRPERSON:........................................................................
APPENDIX 1