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Ordinary Council Meeting Attachments - Minutes
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27 June 2019
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MINUTES OF Far North District
Council
Extraordinary Council Meeting
HELD AT THE Council Chamber, Memorial
Avenue, Kaikohe
ON Thursday, 13 June 2019 AT 2.31 pm
PRESENT: Mayor John Carter (HWTM), Cr Ann Court, Cr Felicity Foy, Cr Dave
Hookway, Cr Sally Macauley, Cr Mate Radich, Cr John Vujcich, Cr Kelly Stratford
IN ATTENDANCE: Terry Greening (Bay of Islands-Whangaroa Community Board
Chairperson), Adele Gardner (Te Hiku Community Board Chairperson), Shaun Riley
(Member of the Kaikohe-Hokianga Community Board)
STAFF PRESENT: Shaun Clarke (Chief
Executive Officer), Andy Finch (General Manager- Infrastructure & Asset
Management), Dean Myburgh (General Manager - District Services), Darrell
Sargent (General Manager - Strategic Planning & Policy), William J Taylor
MBE (General Manager – Corporate Services), Janice Smith (Chief Financial
Officer), Jaime Dyhrberg (Executive Officer), Jill Coyle (Manager –
People and Capability), Richard Edmondson (Manager - Communications), George
Swanepoel (In-House Counsel), Glenn Rainham (Manager - Infrastructure
Operations), Sheryl Gavin (Manager – Corporate Services), Mark Keehn
(Team Leader – Asset Management), Aisha Huriwai (Team Leader – Governance
Support), Barry Somers (Assets Manager – 3 Waters), Troy Smith
(Graduate Engineer – 3 Waters), Liz Davidson (Executive Assistant to the
Chief Executive Officer), Kim Hammond (Meetings Administrator)
1 Prayer
His Worship the Mayor commenced the meeting
with a prayer.
2 Apologies
and Declarations of Interest
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apologies and declarations of
interest
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Resolution 2019/8
Moved: Mayor
John Carter
Seconded: Cr
Kelly Stratford
That the apology received from Cr
Colin (Toss) Kitchen, and Deputy Mayor Tania McInnes be accepted and leave of
absence granted.
Carried
An apology from
Kaikohe-Hokianga Community Board Chairperson Mike Edmonds was noted.
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3 Deputation
John Law spoke in support of Item 5.2
- Te Raupo Road, off State Highway 11. He also provided a progress update on
the Pou Herenga Tai - Twin Coast Cycle Trail, and opportunities in Horeke to support the trail. Mr Law circulated
a photo to members of a business idea.
At 2:38 pm, Mayor John Carter left the
meeting. At 2:39 pm, Mayor John Carter returned to the
meeting.
4 Infrastructure
and Asset Management Group
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4.1 Te
Raupo Road, Off State Highway 11
Agenda item 5.2 document number A2500313, pages 18 - 32 refers
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Resolution 2019/9
Moved: Cr
Kelly Stratford
Seconded: Cr
John Vujcich
That Council:
a) approves
the unbudgeted operational expenditure to undertake basic repairs to Te Raupo
Road, off State Highway 11, to bring it up to a trafficable condition, to a
maximum cost of $15,000.
b) subject
to written approval from both the Bay of Islands Vintage Railway Trust and
KiwiRail, along with appropriate agreements with each landowner, consents to
the Pou Herenga Tai - Twin Coast Cycle Trail
Trust allowing landowners to temporarily access the existing cycle track to
gain access to the Te Raupo peninsular.
Carried
Against: Cr
Ann Court
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4.2 Unbudgeted
Expenditure Request: Robertson Street Russell -Stormwater Upgrade
Agenda item 5.1 document number A2454529, pages 11 - 17 refers
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motion
Moved: Mayor
John Carter
Seconded: Cr
Kelly Stratford
That Council approve the unbudgeted expenditure of
$210,750 in the 2019/2020 Annual Plan to deliver Option 3 as a stormwater
upgrade to Robertson Street, Russell. To include the installation of a new 450mm stormwater pipeline, concrete swale drain and
collection points for the entire length of Robertson Street.
Amendment
Moved: Mayor
John Carter
Seconded: Cr
Kelly Stratford
That:
a) Council approves the use of $75,000 of minor capital works budget
as a carry forward to install a new stormwater pipeline and swale drain for
the lower half of Robertson Street (Stage 1)
b) Council approves that the remaining $22,000 unbudgeted works be
added to the 19/20 Annual Plan
c) $114,000 be submitted in the 2021/2031 Long Term Plan for Stage 2
d) Council requests a report be provided to the Infrastructure
Network Committee on all the works currently in progress, to address the
matter of Stormwater Management in the District
Carried
The amendment became the substantive
motion.
resolution 2019/10
Moved: Mayor
John Carter
Seconded: Cr
Kelly Stratford
That:
a) Council approves the use of $75,000 of minor capital works budget
as a carry forward to install a new stormwater pipeline and swale drain for
the lower half of Robertson Street (Stage 1)
b) Council approves that the remaining $22,000 unbudgeted works be
added to the 19/20 Annual Plan.
c) $114,000 be submitted in the 2021/2031 Long Term Plan for Stage 2
d) Council requests a report be provided to the Infrastructure
Network Committee on all the works currently in progress, to address the
matter of Stormwater Management in the District.
Carried
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5 Public
Excluded
5.1 RESOLUTION TO
EXCLUDE THE PUBLIC
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Resolution 2019/11
Moved: Mayor
John Carter
Seconded: Cr
Dave Hookway
That the public be excluded from the
following parts of the proceedings of this meeting.
The general subject matter 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 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
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Reason for passing this resolution in relation to
each matter
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Ground(s) under section 48 for the passing of this
resolution
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7.1 - Supplier Recommendation and
request for additional budget for the Animal Care Facility Kaitaia
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s7(2)(h) - the withholding of the information is
necessary to enable Council to carry out, without prejudice or
disadvantage, commercial activities
s7(2)(i) - the withholding of the information is
necessary to enable Council to carry on, without prejudice or disadvantage,
negotiations (including commercial and industrial negotiations)
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s48(1)(a)(i) - the public conduct of 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 would exist
under section 6 or section 7
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7.2 - A Resilient Water Supply for
Kaitaia
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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)(i) - the withholding of the information is
necessary to enable Council to carry on, without prejudice or disadvantage,
negotiations (including commercial and industrial negotiations)
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
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s48(1)(a)(i) - the public conduct of 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 would exist
under section 6 or section 7
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Carried
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5.2 confirmation
of decisions and information in open meeting
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Resolution 2019/12
Moved: Mayor
John Carter
Seconded: Cr
Dave Hookway
That
Council confirms that:
a) the
information contained in the part of the meeting with the public excluded is
not to be restated in the
public meeting
b) the
following decisions contained in the part of the meeting held with the public
excluded be restated in the
public meeting
7.1 Supplier
Recommendation and request for additional budget for the Animal Care Facility
Kaitaia
That Council:
a) noting that the project costs are excessive, directs the Chief
Executive to investigate alternative options.
b) noting the questions raised about the animal care facilities
project management, explore internal and external options (including Far
North Holdings), for the management of the project.
c) directs the Chief Executive Officer to present a timeline for a
reconstituted project at the 18 July 2019 Infrastructure Network Committee
meeting.
That Council increase the 2019/20 Annual Plan
Capital Budget for the District Dog Pound Solution by $1.4 million.
7.2 A
Resilient Water Supply for Kaitaia
That
Council:
a) notes as its preferred option, to proceed with the Sweetwater
Aquifer.
b) requests staff report back on how that can be implemented in
consultation with Mr Haywood.
c) prepares a decommissioning plan for the Kauri Dam.
d) requests that the Kaitaia Water Committee meet within the next
three weeks.
e) approves the additional operational budget of up to $REDACTED to
support improving the resilience of the
Kaitaia water supply for the 2019/2020.
Carried
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6 Corporate
Services Group
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6.1 Additional
budget for unsubsidised road sealing
Agenda item 6.1 document number A2521211, pages 33 - 38 refers
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Resolution 2019/13
Moved: Cr
Mate Radich
Seconded: Cr
Dave Hookway
That Council
increase the unsubsidised road sealing budget from $1 million to $3 million for
the 2019/2020 financial year.
In Favour: Crs
John Carter, Ann Court, Felicity Foy, Dave Hookway, Sally Macauley, Mate
Radich, John Vujcich and Kelly Stratford
Against: Nil
carried
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7 Meeting
Close
The meeting closed at 6.12 pm.
The minutes of this meeting will be
confirmed at the Ordinary Council Meeting held on 27 June 2019.
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CHAIRPERSON
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Ordinary Council
Meeting Attachments - Minutes
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27 June 2019
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Russell Wharf
Joint
Statement
20
June 2019
This
document seeks to address the issues raised today by Mr Doug Owens in his email
to Councillors, and by Cr Hookway in his Notice of Motion.
The
information in this document has been compiled by, and is submitted to
Councillors jointly by, the Russell Wharf and Waterfront Trust, and Far
North Holdings:
Doug
Owens email
Mr
Owens has been a consistent critic of the decision by Councillors to transfer
the ownership of Russell Wharf to FNHL. As well as the proposal to establish a
Trust representative of the entire Russell community, to speak for the
community on matters to do with the management and maintenance of the wharf.
Mr
Owens is the figurehead for a very small proportion of the Russell community
who think this way.
By
way of reminder: formal feedback to Council though the LTP submissions process
shows majority support (74%) for Council’s proposal to transfer ownership
of Russell Wharf to Far North Holdings (option 4a).
Of the 568 submissions received on the matter, 383 came from
within the BOI-Whangaroa ward, with approximately 263 from the Russell area.
215 (or 82% of) Russell residents want to see the wharf put in the hands of
FNHL while 48 prefer it stay in Council ownership.
Comments clearly indicate that much of the support for 4a was
conditional on community involvement in an expanded (Russell Wharf and
Waterfront) Trust working in partnership with FNHL, along with and controls on
FNHL’s ability to divest the wharf at a future date.
We draw your attention to the fact that this matter is AGAIN
about to be put to the vote with the community of Russell. We urge elected
members to trust in the common sense, intelligence and integrity of the Russell
community, of which Mr Owens is but a single member.
1. OIA information “posted widely”
yesterday shows key rules and regulations have been overlooked and manipulated.
This
appears to relate to debate around inclusion of toilets, a renovated wharf
building and a pump-out station on the wharf. Our view: irrelevant to
discussion. Current status: all work on these elements has been stopped
and will be subject to further community discussion through the proposed
Kororareka Russell Community Wharf Kaitiaki Trust. Covered in MOU contract
between proposed Trust and Far North Holdings. Due process will be followed if the
community decides to proceed with these elements.
…/2
2. Council’s resolution to transfer the
wharf to FNHL ownership did not identify the proposed Kororareka Russell
Community Wharf Kaitiaki Trust as the vehicle. The evolution of the proposed new
entity, Kororareka Russell Community Wharf Kaitiaki Trust, is a direct result
of public consultation which revealed concerns that the RWWT is not properly
representative of the community. The establishment of this more
representative entity has been broadly welcomed in Russell, not least by the
Marae Society. The credibility and acceptance of this proposed new Trust
will very soon be subjected to the most acid of tests – a public vote.
Rather than dictate to the community of Russell who they should be represented
by in matters to do with the management and maintenance of the wharf, we would
suggest that Councillors should trust in the common sense, intelligence and
integrity of the Russell community.
3. An agreement between the
community, FNHL and tangata whenua has not been completed. This is a premature
statement. The process has been in hand since public consultations started in
early May. The information about the process has been widely publicised within
the community and is as follows:
Midnight Friday 31 May 2019: Deadline for community
input to draft documents
21 June 2019: Revised documents
published with marked up changes.
Monday 24 June 2019: Wharf Trustee
Selection Panel - nominations open
Friday 5 July 2019: Nominations close
(12 noon)
Monday 8 July 2019: Wharf Trustee
Selection Panel – candidate list published
Friday 12 July 2019: Voting opens (MOU
and Trust Deed Poll and Wharf Trustee Selection Panel election)
Friday 2 August 2019: Voting closes. Results
declared
Wednesday 7 August 2019: Public notice of
election results
4. The veracity and legality of the public vote
process is in question and not being overseen by FNDC. Several submissions to
our extensive community consultation process made some great points criticising
the robustness of the voting process that we were proposing. As a result of
legal advice provided to Council, an external provider has been engaged to
conduct and oversee the poll. This external provider is Election Services
Limited, which undertakes and enables elections, polls, representation reviews
and consultation for local government (including FNDC) corporations, iwi and
energy trusts.
As a result, a mix of voting options will be available; online, postal and
ballot box.
Anyone eligible to vote
in local body elections, who lives within the designated Russell/Kororareka
area (and we have expanded this, again at the suggestion of several
submitters), will be able to vote on the matters. As will all non-resident
ratepayers.
5. We have appraised the work being undertaken at
Russell Wharf and have concluded that FNDC may be in breach of consent. No evidence
offered. FNHL is confident that this is not the case.
…/3
6. Current work on the wharf is sub-standard. Work is being undertaken
both to specification and design. A considerable amount of time and effort was
put into consulting with wharf users, the community and other stakeholders over
the design of the renovations and a significant amount of the resulting input
was incorporated in the final design. All aspects of the design and the
materials being used are supported by RS Engineering
and Bellingham Marine, and are being installed by Total Marine Services as a
subcontractor to Bellingham Marine. These are among the most experienced marine
infrastructure designers and developers in New Zealand.
7. The addition of a new building/17 seat
café is a seriously flawed concept. Our view: irrelevant to current
discussion. Current status: all work on these elements has been stopped
and will be subject to further community discussion through the proposed
Kororareka Russell Community Wharf Kaitiaki Trust. Covered in MOU contract
between proposed Trust and Far North Holdings. Due process will be followed if the
community decides to proceed with these elements.
Cr
Hookway’s Notice of Motion
1. It was agreed that this
would be done in consultation with the (current) Russell Wharf and Waterfront
Trust. New proposals have this Trust being replaced by a new entity. See answer
to point #2 above.
2. The proposed MOU between
the new entity and FNHL makes reference to the ability should FNHL choose to
sell the wharf, that it can be to the new trust OR NOMINEE. This
concern misses the point that the wharf must first be offered for sale
to FNDC. The Trust or Nominee have only the second option to buy. The words OR
NOMINEE ensure that if the Trust is not in a financial position to buy the
wharf, the Trustees are in a position to enter into an arrangement with a
sympathetic community organisation rather than allowing (by default because the
Trust may not be able to afford to buy it) the Wharf to fall into the hands of
a corporate Third Party.
This gives the community a degree of control that they would not have without
those two words
3. Council in moving the
motion in the LTP agreed that depreciation reserves allocated for the wharf
could be distributed to FNHL – but this was not consulted on directly in
the LTP process with the public. The
900,000 in depreciation reserves is not being given now to FNHL. It will
be provided on application over the next five years (we expect).
The company has to The council agreed that the current depreciation reserves of
circa $900k (which are effectively rates paid by the district ratepayers for
the Russell Wharf over the years) be ring fenced for the Russell Wharf in
the future and not used for other projects. This $900k is held by council,
as a prudent gate keeper, and is to be paid to FNH for scheduled Russell Wharf
works as required. It is envisaged that the $900k will be spent on the wharf
over the next five years.
- ends -
