Agenda of Ordinary Council Meeting

Ordinary Council Meeting Agenda

9 April 2020

COUNCIL MEMBERS REGISTER OF INTERESTS

Name	Responsibility (i.e. Chairperson etc)	Declaration of Interests	Nature of Potential Interest	Member's Proposed Management Plan
Hon Mayor John Carter QSO	Board Member of the Local Government Protection Programme	Board Member of the Local Government Protection Programme
Hon Mayor John Carter QSO	Carter Family Trust
Deputy Mayor Ann Court	Waipapa Business Association	Member		Case by case
	Warren Pattinson Limited	Shareholder	Building company. FNDC is a regulator and enforcer	Case by case
	Kerikeri Irrigation	Supplies my water		No
	Top Energy	Supplies my power		No other interest greater than the publics
	District Licensing	N/A	N/A	N/A
	Top Energy Consumer Trust	Trustee	Crossover in regulatory functions, consenting economic development and contracts such as street lighting.	Declare interest and abstain from voting.
	Ann Court Trust	Private	Private	N/A
	Waipapa Rotary	Honorary member	Potential community funding submitter	Declare interest and abstain from voting.
	Properties on Onekura Road, Waipapa	Owner Shareholder	Any proposed FNDC Capital works or policy change which may have a direct impact (positive/adverse)	Declare interest and abstain from voting.
	Property on Daroux Dr, Waipapa	Financial interest	Any proposed FNDC Capital works or policy change which may have a direct impact (positive/adverse)	Declare interest and abstain from voting.
	Flowers and gifts	Ratepayer 'Thankyou'	Bias/ Pre-determination?	Declare to Governance
	Coffee and food	Ratepayers sometimes 'shout' food and beverage	Bias or pre-determination	Case by case
	Staff	N/A	Suggestion of not being impartial or pre-determined!	Be professional, due diligence, weigh the evidence. Be thorough, thoughtful, considered impartial and balanced. Be fair.
	Warren Pattinson	My husband is a builder and may do work for Council staff		Case by case
Ann Court - Partner	Warren Pattinson Limited	Director	Building Company. FNDC is a regulator	Remain at arm’s length
	Air NZ	Shareholder	None	None
	Warren Pattinson Limited	Builder	FNDC is the consent authority, regulator and enforcer.	Apply arm’s length rules
	Property on Onekura Road, Waipapa	Owner	Any proposed FNDC capital work in the vicinity or rural plan change. Maybe a link to policy development.	Would not submit. Rest on a case by case basis.
David Clendon	Chairperson – He Waka Eke Noa Charitable Trust	None		Declare if any issue arises
	Member of Vision Kerikeri	None		Declare if any issue arrises
	Joint owner of family home in Kerikeri	Hall Road, Kerikeri
David Clendon – Partner	Resident Shareholder on Kerikeri Irrigation
David Collard	Snapper Bonanza 2011 Limited	45% Shareholder and Director
David Collard	Trustee of Te Ahu Charitable Trust	Council delegate to this board
Felicity Foy	Director - Northland Planning & Development	I am the director of a planning and development consultancy that is based in the Far North and have two employees. Property owner of Commerce Street, Kaitaia		I will abstain from any debate and voting on proposed plan change items for the Far North District Plan.
				I will declare a conflict of interest with any planning matters that relate to resource consent processing, and the management of the resource consents planning team.
				I will not enter into any contracts with Council for over $25,000 per year. I have previously contracted to Council to process resource consents as consultant planner.
	Flick Trustee Ltd	I am the director of this company that is the company trustee of Flick Family Trust that owns properties Seaview Road – Cable Bay, and Allen Bell Drive - Kaitaia.
	Elbury Holdings Limited	This company is directed by my parents Fiona and Kevin King.	This company owns several dairy and beef farms, and also dwellings on these farms. The Farms and dwellings are located in the Far North at Kaimaumau, Bird Road/Sandhills Rd, Wireless Road/ Puckey Road/Bell Road, the Awanui Straight and Allen Bell Drive.
	Foy Farms Partnership	Owner and partner in Foy Farms - a farm on Church Road, Kaingaroa
	Foy Farms Rentals	Owner and rental manager of Foy Farms Rentals for 7 dwellings on Church Road, Kaingaroa and 2 dwellings on Allen Bell Drive, Kaitaia, and 1 property on North Road, Kaitaia, one title contains a cell phone tower.
	King Family Trust	This trust owns several titles/properties at Cable Bay, Seaview Rd/State Highway 10 and Ahipara - Panorama Lane.	These trusts own properties in the Far North.
	Previous employment at FNDC 2007-16	I consider the staff members at FNDC to be my friends
	Shareholder of Coastal Plumbing NZ Limited
Felicity Foy - Partner	Director of Coastal Plumbing NZ Limited
Felicity Foy - Partner	Friends with some FNDC employees
Mate Radich	No form received
Rachel Smith	Friends of Rolands Wood Charitable Trust	Trustee
	Mid North Family Support	Trustee
	Bay of Islands Amateur Swimming Club	Committee Member
	Property Owner	Kerikeri
	Friends who work at Far North District Council
	Kerikeri Cruising Club	Subscription Member
Rachel Smith (Partner)	Property Owner	Kerikeri
	Friends who work at Far North District Council
	Kerikeri Cruising Club	Subscription Member
Kelly Stratford	KS Bookkeeping and Administration	Business Owner, provides book keeping, administration and development of environmenta management plans	None perceived	Step aside from decisions that arise, that may have conflicts
	Waikare Marae Trustees	Trustee	Maybe perceived conflicts	Case by case basis
	Bay of Islands College	Parent Elected Trustee	None perceived	If there was a conflict, I will step aside from decision making
	Karetu School	Parent Elected Trustee	None perceived	If there was a conflict, I will step aside from decision making
	Māori title land – Moerewa and Waikare	Beneficiary and husband is a shareholder	None perceived	If there was a conflict, I will step aside from decision making
	Sister is employed by Far North District Council			Will not discuss work/governance mattes that are confidential
	Gifts - food and beverages	Residents and ratepayers may ‘shout’ food and beverage	Perceived bias or predetermination	Case by case basis
Kelly Stratford - Partner	Chef and Barista	Opua Store	None perceived
Kelly Stratford - Partner	Maori title land – Moerewa	Shareholder	None perceived	If there was a conflict of interest I would step aside from decision making
Moko Tepania	Teacher	Te Kura Kaupapa Māori o Kaikohe.	Potential Council funding that will benefit my place of employment.	Declare a perceived conflict
	Chairperson	Te Reo o Te Tai Tokerau Trust	Potential Council funding for events that this trust runs.	Declare a perceived conflict
	Tribal Member	Te Rūnanga o Te Rarawa	As a descendent of Te Rarawa I could have a perceived conflict of interest in Te Rarawa Council relations.	Declare a perceived conflict
	Tribal Member	Te Rūnanga o Whaingaroa	As a descendent of Te Rūnanga o Whaingaroa I could have a perceived conflict of interest in Te Rūnanga o Whaingaroa Council relations.	Declare a perceived conflict
	Tribal Member	Kahukuraariki Trust Board	As a descendent of Kahukuraariki Trust Board I could have a perceived conflict of interest in Kahukuraariki Trust Board Council relations.	Declare a perceived conflict
	Tribal Member	Te Rūnanga ā-Iwi o Ngāpuhi	As a descendent of Te Rūnanga ā-Iwi o Ngāpuhi I could have a perceived conflict of interest in Te Rūnanga ā-Iwi o Ngāpuhi Council relations.	Declare a perceived conflict
John Vujcich	Board Member	Pioneer Village	Matters relating to funding and assets	Declare interest and abstain
	Director	Waitukupata Forest Ltd	Potential for council activity to directly affect its assets	Declare interest and abstain
	Director	Rural Service Solutions Ltd	Matters where council regulatory function impact of company services	Declare interest and abstain
	Director	Kaikohe (Rau Marama) Community Trust	Potential funder	Declare interest and abstain
	Partner	MJ & EMJ Vujcich	Matters where council regulatory function impacts on partnership owned assets	Declare interest and abstain
	Member	Kaikohe Rotary Club	Potential funder, or impact on Rotary projects	Declare interest and abstain
	Member	New Zealand Institute of Directors	Potential provider of training to Council	Declare a Conflict of Interest
	Member	Institute of IT Professionals	Unlikely, but possible provider of services to Council	Declare a Conflict of Interest
	Member	Kaikohe Business Association	Possible funding provider	Declare a Conflict of Interest

Ordinary Council Meeting Agenda

9 April 2020

5 Confirmation of Previous Minutes

5.1 Confirmation of Previous Minutes

File Number: A2863486

Author: Kim Hammond, Meetings Administrator

Authoriser: Aisha Huriwai, Team Leader Democracy Services

Purpose of the Report

The minutes are attached to allow Council to confirm that the minutes are a true and correct record of previous meetings.

Recommendation

That Council:

a) confirms the minutes of the Council meeting held 26 February 2020 as a true and correct record.

b) confirms the minutes of the Extraordinary Council meeting held 3 March 2020 as a true and correct record.

c) confirms the minutes of the Extraordinary Council meeting held 10 March 2020 as a true and correct record.

1) Background

Local Government Act 2002 Schedule 7 Section 28 states that a local authority must keep minutes of its proceedings. The minutes of these proceedings duly entered and authenticated as prescribed by a local authority are prima facie evidence of those meetings.

2) Discussion and Options

The minutes of the meetings are attached.

Far North District Council Standing Orders Section 27.3 states that no discussion shall arise on the substance of the minutes in any succeeding meeting, except as to their correctness.

Reason for the recommendation

The reason for the recommendation is to confirm the minutes are a true and correct record of the previous meetings.

3) Financial Implications and Budgetary Provision

There are no financial implications or the need for budgetary provision as a result of this report.

Attachments

1. 2020-02-26 Unconfirmed Council Minutes - A2855405 ⇩

2. 2020-03-03 Unconfirmed Council Minutes - A2858320 ⇩

3. 2020-03-10 Unconfirmed Council Minutes - A2861534 ⇩

Compliance schedule:

Full consideration has been given to the provisions of the Local Government Act 2002 S77 in relation to decision making, in particular:

1. A Local authority must, in the course of the decision-making process,

a) Seek to identify all reasonably practicable options for the achievement of the objective of a decision; and

b) Assess the options in terms of their advantages and disadvantages; and

c) If any of the options identified under paragraph (a) involves a significant decision in relation to land or a body of water, take into account the relationship of Māori and their culture and traditions with their ancestral land, water sites, waahi tapu, valued flora and fauna and other taonga.

2. This section is subject to Section 79 - Compliance with procedures in relation to decisions.

Compliance requirement	Staff assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	This is a matter of low significance.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	This report complies with the Local Government Act 2002 Schedule 7 Section 28.
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	It is the responsibility of each meeting to confirm their minutes therefore the views of another meeting are not relevant.
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water.	There are no implications for Māori in confirming minutes from a previous meeting. Any implications on Māori arising from matters included in meeting minutes should be considered as part of the relevant report.
Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences (for example, youth, the aged and those with disabilities).	This report is asking for minutes to be confirmed as true and correct record, any interests that affect other people should be considered as part of the individual reports.
State the financial implications and where budgetary provisions have been made to support this decision.	There are no financial implications or the need for budgetary provision arising from this report.
Chief Financial Officer review.	The Chief Financial Officer has not reviewed this report.

Ordinary Council Meeting Agenda

9 April 2020

MINUTES OF Far North District Council
Ordinary Council Meeting
HELD AT THE Council Chamber, Memorial Avenue, Kaikohe
ON Wednesday, 26 February 2020 AT 10.01 am

PRESENT: Mayor John Carter (HWTM), Cr Ann Court, Cr David Clendon, Cr Dave Collard, Cr Felicity Foy, Cr Mate Radich, Cr Rachel Smith, Cr Kelly Stratford, Cr Moko Tepania, Cr John Vujcich

IN ATTENDANCE: Mike Edmonds (Kaikohe-Hokianga Community Board Chairperson), Adele Gardner (Te Hiku Community Board Chairperson), Belinda Ward (Bay of Islands-Whangaroa Community Board), Louis Toorenburg (Kaikohe-Hokianga Community Board Member), Frank Owen (Bay of Islands-Whangaroa Community Board Member

STAFF PRESENT: Shaun Clarke (Chief Executive Officer), Andy Finch (General Manager Infrastructure and Asset Management), Dean Myburgh (General Manager District Services), William J Taylor, MBE (General Manager Corporate Services), Darrell Sargent (General Manager Strategic Planning and Policy)

1 Prayer

Cr Stratford commenced the meeting with a prayer.

2 Apologies and Declarations of Interest

Cr Stratford declared a percieved conflict regarding Agenda Item 6.6: Te Hononga Hundertwasser Kawakawa Square Loan.

Cr Smith declared a conflict regarding Supplementary Public Excluded Agenda Item 8.5: Contract Negotiation with CBEC Regarding Swimming Pools Operations and Maintenance Contract and signalled she would withdraw from the meeting for that item.

3 MAYORAL ANNOUNCEMENTS

· The Mayor explained that he had appointed Deputy Mayor Court to the Executive Review Committee and as Chairperson, under his Mayoral Powers (clause 3, s41A LGA 2002)

· The Mayor advised that Local Government New Zealand have recently initated their remit process and for members to be mindful of potential remits for development.

4 Deputations

1. Andrew Riddell and Jane Banfield from SeaChange – Advocating for Single Transferable Voting instead of First Past the Post.

2. John Tilton – Raised concerns with freedom campers and sought Council’s assistance to monitor freedom camping and enforce existing bylaws.

3 MAYORAL ANNOUNCEMENTS Continued

· Dog pound and animal welfare concerns from the community – The Mayor thanked member of the public Leoni Exel for her feedback.

· Thanked staff for their work on working on solutions to help solve the water shortages throughout the district.

· Thanked the public for their continued efforts to conserve water consumption.

· Shared that his vehicle had been damaged recently.

· Had received a lovely home made card and biscuits for Lilah Smith.

· Announced that there would be an extraordinary Council meeting held on 10 March to adopt the Annual Plan Consulation document and discuss a report for Te Pu o te Wheke, and an additional extraordinary meeting 3 March to consider the items presented to this meeting under supplementary agenda, except for the item listed in the next section of these minutes.

4 Major Items not on the Agenda

Resolution 2020/1

Moved: Mayor John Carter

Seconded: Cr John Vujcich

That Council:

a) resolves to consider the item Contract Negotiation with CBEC regarding Swimming Pools Operations and Maintenance Contract

b) not on the agenda as a notice of motion was planned as CBEC signed the contract wishing to renegotiate the provisions of the bond.

c) Cannot be delayed because the time period for the provision of the bond will expire prior to Council’s next meeting, unless Council accepts or varies the bond.

That Council:

a) resolves to consider the item Emergency Drought Response

b) not on the agenda due to the extreme circumstances arising from the drought, this report seek $2m dollars over and above the PGF funding,

c) cannot be delayed because an urgent decision is required so that we can effectively manage the drought response.

Carried

5 Confirmation of Previous Minutes

5.1 Confirmation of Previous Minutes

Agenda item 5.1 document number A2848581, pages 12 - 30 refers.

Resolution 2020/2

Moved: Mayor John Carter

Seconded: Cr John Vujcich

That Council confirms the minutes of the Council meeting held 19 December 2019 as a true and correct record with the following amendments;

1. Page 5, Item 6.2 Appointment of Elected Members on behalf of Far North District Council;

“That Council confirm the following appointments;

Mayoral Taskfor for Jobs – Cr Smith and Cr Tepania in a job-sharing role”.

2. Page 10, Resolution to Adjourn meeting moved by Mayor Carter and Cr Court be removed.

3. Page 10, Item 8.1 an amendment was moved by Cr Smith and seconded by Cr Tepania that was then carried

“That Council;

a) appoint Cr Ann Court as Chair of the District Licensing Committee

b) appoint Cr Kelly Stratford as Deputy Chair of the District Licensing Committee

and

c) the remaining committee members become the pool from which the Chairperson allocates 2 members to attend the District Licensing Committee hearings as required.

.Carried

6 Reports

6.1 Additional Capital Carry Forwards - June 2019

Agenda item 6.1 document number A2843027, pages 31 - 36 refers.

Resolution 2020/3

Moved: Mayor John Carter

Seconded: Cr Moko Tepania

That Council;

a) approve the additional capital budgets for Water of $250,749.12 and Wastewater of $301,812.35 as identified in the attachment “Water and Wastewater Projects CFWD 2018_2019”; and

b) approve the amount totalling $552,561.47 be carried forward from 2018/19 to the 2019/20 financial year to enable the completion of these projects.

Carried

6.2 Adoption of Proposed Fees and Charges for 2020/21 for Consultation

Agenda item 6.2 document number A2845020, pages 37 - 79 refers.

During discussion the meeting requested the minutes include the following notes:

a) That the dog after-hours impounding fee will be clarified to show the fee will include the relevant impounding fee, with an addition for after hours servce.

b) Paihia Village Green Fees are set by Focus Paihia

c) The removal of fees for overdue library books is for youth and children only.

Resolution 2020/4

Moved: Mayor John Carter

Seconded: Cr Kelly Stratford

That Council adopt the Statement of Proposal and the Proposed Schedule of Fees and Charges for 2020/21 and proceed to public consultation.

Carried

Councillors Foy and Stratford recorded their votes against the motion.

6.3 Additional Appointment of Ward Councillor to Bay of Islands-Whangaroa Community Board and Kaikohe-Hokianga Community Board

Agenda item 6.3 document number A2822989, pages 80 - 82 refers

Resolution 2020/5

Moved: Cr John Vujcich

Seconded: Mayor John Carter

That the Council

a) appoint Councillor Rachel Smith as a member of the Bay of Islands-Whangaroa Community Board.

b) appoint Councillor Moko Tepania as a member of the Kaikohe-Hokianga Community Board.

.Carried

Deputy Mayor Court, Councillors Smith and Stratford recorded their votes against the motion.

6.4 Financial Delegation to the CEO

Agenda item 6.4 document number A2845834, pages 83 - 84 refers

Resolution 2020/6

Moved: Deputy Mayor Ann Court

Seconded: Cr Kelly Stratford

That Council increase the financial delegation to the Chief Executive Officer from $500,000 to $1,000,000 with immediate effect for items that are already within the Long Term Plan and within budget.

Carried

Councillor Vujcich recorded his vote against the motion.

6.5 Terms of Reference for the Executive Review Committee - delegated authority to procure independent professional services

Agenda item 6.5 document number A2850439, pages 85 - 90 refers

Resolution 2020/7

Moved: Cr John Vujcich

Seconded: Cr Ann Court

That Council authorise the Executive Review Committee to procure professional services to the value of $15,000 in any single procurement. Any single procurement above $15,000 will require a recommendation to Council from the Committee.

Carried

6.6 Te Hononga Hundertwasser Kawakawa Square Loan

Agenda item 6.6 document number A2843103, pages 91 - 94 refers

Resolution 2020/8

Moved: Cr Kelly Stratford

Seconded: Mayor John Carter

That Council;

a) rescind the previous resolution – item 1.12a) made in May 2018, to loan the Hundertwasser Park Charitable Trust $160,000

and instead;

b) approve the deduction of up to $160,000 from the dividend due from Far North Holdings, based on the 30 June 2020 financial results, for the development of a Town Square/Atea in Kawakawa on the ‘old library’ site.

Carried

Councillor Stratford left the meeting at 12:09 pm and returned at 12:13 pm.

6.7 Deliberations Houhora Heads Motor Camp Lease

Agenda item 6.7 document number A2827687, pages 95 - 99 refers

Resolution 2020/9

Moved: Cr John Vujcich

Seconded: Mayor John Carter

That:

a) Council, subject to S54 of the Reserves Act 1977 grants a lease on Lot 1 & 2 DP 402482 Identifier 408100, to the current lessee Houhora Heads Motor Camp Limited and that the term of the leases shall be:

Initial Term: 21 years

Right of Renewal: One further term of 21 years

b) Council authorises the General Manager Infrastructure & Asset Management to negotiate final terms and conditions for such lease, which shall be on industry practise commercial terms, at market rent and in accordance with Council policy #5020 - Council-Owned Campgrounds.

c) an additional clause be added to the lease agreement, stating that no further temporary living places (structures), as referred to in the Camping Grounds Regulations Act 1985, shall be erected without landlord approval, which shall not be unreasonably withheld.

d) Council transfers ownership of its remaining improvements to the lessee for $1.00 and writes off the book value against retained earnings.

e) Far North District Council, in its role as administering body of the Houhora Heads recreation reserve and as the delegate for the Minister of Conversation, subject to the provisions of the Reserves Act 1977, grants and consents to a new lease of the Houhora Heads recreation reserve being Lot 1 & 2 DP 402482, Identifier 408100 and comprising approximately 6.38ha of land to Houhora Heads Motor Camp Limited

f) that the term of the lease shall be:

i) Term: 21 years plus one Right of Renewal of 21 years

ii) Area: Approximately 6.38ha being Lot 1 & 2 DP 402482 - Identifier 408100 as highlighted on the aerial plan attached as Attachment 2.

iii) Further Terms & Conditions: standard industry practise commercial terms, at market rent to be determined by valuation.

Carried

Meeting adjourned at 12:14 pm and resumed at 12:50 pm.

Cr Kelly Stratford left the meeting at 12:52 pm, and returned at 1:00 pm.

7.0 Information Reports

7.1 Level of Service KPI Quarter 1 and 2 Performance Report

Agenda item 7.1 document number A2850402, pages 102 - 120 refers

Resolution 2020/11

Moved: Mayor John Carter

Seconded: Deputy Mayor Ann Court

That the Council receive the report Level of Service KPI Quarter 1 and 2 Performance Report .

Carried

7.2 Building Consent Authority Accreditation

Agenda item 7.2 document number A2850421, pages 121 - 122 refers

Resolution 2020/12

Moved: Cr John Vujcich

Seconded: Mayor John Carter

That the Council receive and read the report Building Consent Authority Accreditation.

Carried

8.0 MAJOR ITEM NOT ON THE AGENDA

8.1 Emergency Drought Response

Supplementary agenda item 1.1 document number A2848071, pages 5 - 7 refers

MOTION

Moved: Cr John Vujcich

Seconded: Cr Dave Collard

That Council:

a) Authorise the Chief Executive Officer to take necessary actions to support communities in the provision of water; and

b) Approve additional budget of up to $2,000,000, over and above the $2,000,000 from Provincial Growth Fund funds, to enable the Chief Executive Officer to provide necessary support and secure water supplies across the District.

AMENDMENT

Moved: Cr Rachel Smith

Seconded: Cr Kelly Stratford

That Council:

b) Approve additional budget of up to $5,000,000, over and above the $2,500,000 from Provincial Growth Fund funds, to enable the Chief Executive Officer to provide necessary support and secure water supplies across the District.

c) Require the CEO to report weekly on the state of risk and financial impact of the crisis.

CARRIED

Councillor Radich abstained from voting.

The amendments became the substantive motion.

Resolution 2020/10

Moved: Cr John Vujcich

Seconded: Cr Dave Collard

That Council:

a) Authorise the Chief Executive Officer to take necessary actions to support communities in the provision of water; and

b) Approve additional budget of up to $5,000,000, over and above the $2,500,000 from Provincial Growth Fund funds, to enable the Chief Executive Officer to provide necessary support and secure water supplies across the District.

c) Require the CEO to report weekly on the state of risk and financial impact of the crisis.

Carried

Councillor Radich abstained from voting.

9 Public Excluded

RESOLUTION TO EXCLUDE THE PUBLIC

Resolution 2020/13

Moved: Mayor John Carter

Seconded: Cr John Vujcich

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:

General subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Ground(s) under section 48 for the passing of this resolution
8.1 - Confirmation of Previous Minutes - Public Excluded	s7(2)(a) - the withholding of the information is necessary to protect the privacy of natural persons, including that of deceased natural persons 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)	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
8.2 - Te Pu o Te Wheke Operational Underwrite	s7(2)(b)(ii) - the withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information s7(2)(h) - the withholding of the information is necessary to enable 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)	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
8.3 - Bay of Islands Sports Field Development - Kerikeri	s7(2)(a) - the withholding of the information is necessary to protect the privacy of natural persons, including that of deceased natural persons 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)	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
8.4 - CEO KPI Performance Report Quarter 2	s7(2)(a) - the withholding of the information is necessary to protect the privacy of natural persons, including that of deceased natural persons	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
8.5 - Contract Negotiation with CBEC regarding Swimming Pools Operations and Maintenance Contract	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)(f)(i) - free and frank expression of opinions by or between or to members or officers or employees of any local authority s7(2)(g) - the withholding of the information is necessary to maintain legal professional privilege	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

Carried

At the conclusion of business held with the public excluded the meeting confirmed that the decisions and information contained in the part of the meeting held with the public excluded was not to be restated in public meeting, and resumed in open meeting.

10 RESOLUTION TO HOLD AN EXTRAORDINARY COUNCIL MEETING

Resolution 2020/15

Moved: Mayor John Carter

Seconded: Cr John Vujcich

That an extra-ordinary Council meeting be scheduled 3 March 2020 from 11 am to consider the following items:

1. Consideration of Community Board Chairpersons at Committee Meetings

2. Proposed Changes to the Formal Meeting Calendar

3. CEO Report to Council 01 November 2019 – 31 December 2019

4. Contract Negotiation with CBEC regarding Swimming Pools Operation and Maintenance Contract

5. Otaua Road Bridge N28 – Tender Evaluation Recommendation

Carried

11 Meeting Close

The meeting closed at 4:47 pm.

The minutes of this meeting will be confirmed at the Ordinary Council Meeting held on 8 April 2020.

...................................................

CHAIRPERSON

Ordinary Council Meeting Agenda

9 April 2020

MINUTES OF Far North District Council
Extraordinary Council Meeting
HELD AT THE Council Chamber, Memorial Avenue, Kaikohe
ON Tuesday, 3 March 2020 AT 11:00 am

PRESENT: Mayor John Carter (HWTM), Deputy Mayor Ann Court, Cr David Clendon, Cr Dave Collard, Cr Felicity Foy, Cr Mate Radich, Cr Rachel Smith, Cr Kelly Stratford, Cr Moko Tepania, Cr John Vujcich

IN ATTENDANCE: Mike Edmonds (Kaikohe-Hokianga Community Board Chairperson), Adele Gardner (Te Hiku Community Board Chairperson), Belinda Ward (Bay of Islands-Whangaroa Community Board),

The meeting adjourned at 11:00 am and reconvened at 11:06 am.

1 Prayer

Councillor Vujcich commenced the meeting with a prayer.

2 Apologies and Declarations of Interest

Apologies were noted from Mike Edmonds (Kaikohe-Hokianga Community Board Chairperson and Belinda Ward (Bay of Islands-Whangaroa Community Board Chairperson).

Cr Startford declared a perceived conflict on item 6.1: Contract Negotiation with CBEC regarding Swimming Pools Operations and Maintenance Contract.

3 Deputation

There were no requests for deputations.

4 MAYORAL ANNOUNCEMENTS

· Acknowledged the water-saving initiatives and effort by all communities and staff.

· Local Government in Northland – working closely with central government ministers in Wellington

· Focused on the impact on drought on rural townships

· Acknowledged Northland marae for supporting their communities.

· 3 step focus: Now – in three months

5 Reports

5.1 Consideration of Community Board Chairpersons at Committee Meetings

Agenda item 5.1 document number A2844946, pages 12 - 16 refers.

Resolution 2020/18

Moved: Mayor John Carter

Seconded: Cr John Vujcich

That Council agree that Community Board Members;

a) Are welcome to attend any Council Committee meeting.

b) Reports that affect a Community (or communities) will include a comment from Community Board(s).

c) Community Board Chairpersons will continue to have speaking rights at Council meetings.

Amendment

Moved: Cr Felicity Foy

Seconded: Cr Dave Collard

That Council agree;

a) to amend the terms of reference for (x, y, z) Committee (s) to include Community board Chairpersons as members of the Committee.

b) Reports that affect a community (or communities) will include a comment from Community board (s)

c) Community Board Chairpersons will continue to have speaking rights at Council meetings.

carried

Amendment

Moved: Cr Kelly Stratford

Seconded: Mayor John Carter

That Council amends the terms of reference for Committee(s) to include Community Board Chairpersons as members of two Committees, subject to the approval of the Chair of the relevant Committee, for referral to the Mayor to formalise arrangements as part of his Mayoral Powers

In Favour: Crs John Carter, Dave Collard, Felicity Foy, Mate Radich, Kelly Stratford, Moko Tepania and John Vujcich

Against: Crs Ann Court, David Clendon and Rachel Smith

carried 7/3..

The amendment became the substantive motion

Moved: Cr Kelly Stratford

Seconded: Mayor John Carter

In Favour: Crs John Carter, Dave Collard, Felicity Foy, Mate Radich, Kelly Stratford, Moko Tepania and John Vujcich

Against: Crs Ann Court, David Clendon and Rachel Smith

carried 7/3..

5.2 Proposed Changes to the Formal Meeting Calendar

Agenda item 5.2 document number A2852693, pages 17 - 22 refers.

Resolution 2020/19

Moved: Cr John Vujcich

Seconded: Cr Moko Tepania

That Council adopt the revised Formal Meeting Calendar as attached to the report.

Carried

5.3 CEO Report to Council 01 November 2019 - 31 December 2019

Agenda item 5.3 document number A2838061, pages 23 - 78 refers.

Resolution 2020/20

Moved: Mayor John Carter

Seconded: Cr Moko Tepania

That the Council receive the report “CEO Report to Council 01 November 2019 - 31 December 2019“.

Carried

The meeting adjourned at 12:26 pm and reconvened at 1:00 pm.

6 Public Excluded

RESOLUTION TO EXCLUDE THE PUBLIC

Resolution 2020/21

Moved: Mayor John Carter

Seconded: Cr Kelly Stratford

That the public be excluded from the following parts of the proceedings of this meeting.

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

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

6.1 - Contract Negotiation with CBEC regarding Swimming Pools Operations and Maintenance Contract

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)(f)(i) - free and frank expression of opinions by or between or to members or officers or employees of any local authority

s7(2)(g) - the withholding of the information is necessary to maintain legal professional privilege

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

6.2 - Otaua Road Bridge N28 - Tender Evaluation Recommendation

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)

And that Council agree to allow Northland Transport Alliance representatives Shakhin Sharma and Don Anderson to remain in the public excluded part of the meeting to address the Otaua Road Bridge N28 – Tender Evaluation Recommendation report.

Carried

At the conclusion of the public excluded session Council confirmed that information and decisions contained in the part of the public excluded session would remain in public excluded.

7 Meeting Close

The meeting closed at 2:20 pm.

The minutes of this meeting were confirmed at the Extraordinary Council Meeting held on 8 April 2020.

...................................................

CHAIRPERSON

Ordinary Council Meeting Agenda

9 April 2020

MINUTES OF Far North District Council
Extraordinary Council Meeting
HELD AT THE Council Chamber, Memorial Avenue, Kaikohe
ON Tuesday, 10 March 2020 AT 1:00 pm

PRESENT: Mayor John Carter (HWTM), Cr Ann Court, Cr David Clendon, Cr Felicity Foy, Cr Mate Radich, Cr Rachel Smith, Cr Kelly Stratford, Cr Moko Tepania, Cr John Vujcich

IN ATTENDANCE: Mike Edmonds (Kaikohe-Hokianga Community Board Chairperson), Adele Gardner (Te Hiku Community Board Chairperson), Belinda Ward (Bay of Islands-Whangaroa Community Board),

1 Prayer

His Worship the Mayor commenced the meeting with a prayer.

2 Apologies and Declarations of Interest

Apology

Resolution 2020/21

Moved: Mayor John Carter

Seconded: Cr Rachel Smith

That the apology received from Cr Collard be accepted and leave of absence granted.

Carried

3 Deputation

There were no requests for deputations.

The meeting adjourned at 1:07 pm and reconvened at 1:09 pm.

4 Public Excluded

4.1 RESOLUTION TO EXCLUDE THE PUBLIC

Recommendation

Moved: Mayor John Carter

Seconded: Cr John Vujcich

That the public be excluded from the following parts of the proceedings of this meeting.

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

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

6.1 - Te Pu O Te Wheke Cost Implications and Options

s7(2)(f)(i) - free and frank expression of opinions by or between or to members or officers or employees of any local authority

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)

5 Reports

5.1 Adoption of Annual Plan 2020/21 Consultation Document

Agenda item 5.1 document number A2845879, pages 12 - 14 refers.

Councillors commented that

a) the font size needed to be larger

b) the document should be written in plain english to be accessible and people friendly

c) there is a perception that the Council should be more transparent about the rating implications and that Councillors do not always understand the rating implications of the contents in the consultation document.

Resolution 2020/22

Moved: Mayor John Carter

Seconded: Cr John Vujcich

That Council:

a) Adopts the Annual Plan 2020/21 Consultation Document for consultation pursuant to sections 82, 95 and 95A of the Local Government Act 2002.

b) Delegates to the Chief Executive Officer the authority to make any necessary minor formatting, typographical and administrative changes to the Consultation Document prior to formal public consultation.

Carried

6 Meeting Close

The meeting closed at 2:04 pm.

The minutes of this meeting will be confirmed at the Ordinary Council Meeting to be held on 9 April 2020.

...................................................

CHAIRPERSON

Ordinary Council Meeting Agenda

9 April 2020

6 Reports

6.1 Approval of financing options

File Number: A2869093

Author: Janice Smith, Chief Financial Officer

Authoriser: William J Taylor MBE, General Manager - Corporate Services

Purpose of the Report

To seek approval for emergency action taken to secure additional funding options for Council

Executive Summary

· Council is already facing extraordinary pressure on its finances with the drought.

· The Covid 19 response is likely to create additional pressure in a number of ways.

· It is important that Council is able to maintain payments to key contractors as well as pay employees.

· It is possible that income streams to Council will be severely affected by the Covid 19 shutdown therefore it is important that additional funding options are locked in place.

Recommendation

That Council:

a) Approve the following actions

i) Increase the floating cash facility with the ASB by $10m to $30m; and

ii) Increase the overdraft limit with the ASB to $10m.

iii) Delegate any other actions necessary to secure funds for Council to the CEO.

1) Background

Council was already dealing with additional financial pressure from the drought that has been affecting the District for a number of weeks. Additional funding had been identified within existing budgets to accommodate as much as possible but those assumptions were based on a stable income stream.

2) Discussion and Options

On the 23^rd March 2020, the Prime Minister announced a national shutdown, effective from midnight on Wednesday 25^th March 2020. All none essential business is to close and where possible business is to operate from home.

Council has a number of key suppliers that need certainty of payment during this time. These are suppliers such as Council’s alliance partner Far North Waters, Recreation Services, Spark to name a few.

Staff are also predicting an unprecedented drop in income from fees and charges and rates as businesses are forced to close and customers find themselves on limited income.

To aid “business as usual” from a finance perspective, the ASB Bank has been approached and asked to increase the floating cash facility back to its original sum of $30m. It was reduced to $20m around 4 years ago as the additional funds were not required at that time. The Bank has also been asked to increase the overdraft facility to $10m from $3m. This will provide access to an additional $17m of funds without having to go to the Local Government Funding Agency (LGFA).

Council also has $20m invested in term deposits until June 2020. It has been confirmed that this arrangement can be called back early without penalty, which would provide an additional $20m if needed. The notice period to do this is 31 days.

Finally, if needed, Council could seek to borrow additional funds from the LGFA but it should be noted that interest rates are not necessarily low as the market is trying hard to service the sector and this is putting pressure on markets.

Reason for the recommendation

To seek approval for the actions taken to secure additional funding capacity

3) Financial Implications and Budgetary Provision

Council is going to be incurring additional interest costs due to the increase in borrowing should it be called upon. This may mean that the budget in the 19/20 Annual Plan is exceeded. These are exceptional circumstances and it is important that Council retains its ability to pay key contractors and employees.

Attachments

Nil

Compliance schedule:

Full consideration has been given to the provisions of the Local Government Act 2002 S77 in relation to decision making, in particular:

1. A Local authority must, in the course of the decision-making process,

a) Seek to identify all reasonably practicable options for the achievement of the objective of a decision; and

b) Assess the options in terms of their advantages and disadvantages; and

2. This section is subject to Section 79 - Compliance with procedures in relation to decisions.

Compliance requirement	Staff assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	Low
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	Treasury Management policy
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	District Wide issue
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water.	All customers of the Far North could be affected by the current situation
Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences (for example – youth, the aged and those with disabilities.	N /A
State the financial implications and where budgetary provisions have been made to support this decision.	Additional interest costs could result from the actions proposed but it is essential that Council maintains its ability to pay suppliers and employees
Chief Financial Officer review.	The Chief Financial Officer has prepared this report

Time:	10:00
Location:	Microsoft Teams