Agenda of Infrastructure Committee Meeting - Wednesday, September 7, 2022

	Authorising Body	Mayor/Council
	Status	Standing Committee
COUNCIL COMMITTEE	Title	Infrastructure Committee Terms of Reference
	Approval Date	7 May 2020
	Responsible Officer	Chief Executive

Purpose

The purpose of the Infrastructure Committee (the Committee) is to ensure cost effective, quality and sustainable infrastructure decisions are made to meet the current and future needs of Far North communities and that Councils infrastructure assets are effectively maintained and operated.

The Committee will review the effectiveness of the following aspects:

· Affordable core infrastructure to support healthy and sustainable living.

· Operational performance including monitoring and reporting on significant infrastructure projects

· Delivery of quality infrastructure and district facilities

· Financial spend and reprogramming of capital works

· Property and other assets

To perform his or her role effectively, each Committee member must develop and maintain

his or her skills and knowledge, including an understanding of the Committee’s responsibilities, Councils’ infrastructure assets such as roading, three waters and district facilities.

Membership

The Council will determine the membership of the Infrastructure Committee.

The Infrastructure Committee will comprise of at least six elected members (one of which will be the chairperson).

Mayor Carter

Felicity Foy – Chairperson

Ann Court – Deputy Chairperson

Dave Collard

Kelly Stratford

John Vujcich

Rachel Smith

Adele Gardner

Mane Tahere

Non-appointed Councillors may attend meetings with speaking rights, but not voting rights.

Quorum

The quorum at a meeting of the Infrastructure Committee is 5 members.

Frequency of Meetings

The Infrastructure Committee shall meet every 6 weeks but may be cancelled if there is no business.

Power to Delegate

The Infrastructure Committee may not delegate any of its responsibilities, duties or powers.

Committees Responsibilities

The Committees responsibilities are described below:

Quality infrastructure and Facilities

· Assess and provide advice to Council on strategic issues relating to the provision of Council’s infrastructural activities and district facilities

· Review, and recommend to Council, policy and strategies for the delivery of infrastructural asset services

· Monitor achievement of outcomes included in the Infrastructure Strategy and other infrastructure strategies e.g District Transport Strategy

· Ensure that Council protects its investment in its infrastructural assets in accordance with accepted professional standards

· Monitor the risks, financial and operational performance of the Council's infrastructural activities and facilities

· Monitor major contract performance measures/key result areas (KRAs)

Significant Projects – spend, monitoring and reporting

· Monitor significant projects

· Approve budget overspend (above tolerance levels in the CE delegations) and any reprogramming of capex for a project or programme provided that:

o The overall budget is met from savings

o The overall budget for capex is not exceeded. Where this is not the case, the Committee must either:

§ Recommend to Council that additional funding is approved (outside the Annual Plan or Long-Term Plan process), or

§ Recommend as part of the next round of Long-Term Plan or Annual Plan process that the funding is considered for inclusion.

· Approve tenders and contracts provided they are:

o Up to $3 million,

o in accordance with the current year’s plan, whether that be Annual Plan or Long-Term Plan, and

o deemed low by the Significance and Engagement Policy

Compliance

· Ensure that operational functions comply with legislative requirements and Council policy

· Ensure that consents associated with Council's infrastructure are being met and renewals are planned for

Service levels (non-regulatory)

· Recommend service level changes and new initiatives to the Long Term and Annual Plan processes.

Relationships

· Monitoring Council’s relationship with the Northland Transportation Alliance

o Receive quarterly performance reports

· Monitoring Council’s relationship with the Far North Waters Alliance Partner

Property

· Recommend to Council the acquisition or disposal of assets.

· Approve new leases and lease renewals (of non-reserve land), in accordance with the current years’ plan, whether that be Annual Plan or Long-Term Plan.

Receive updates on changes to national and regional policies that impact on Council provision of infrastructure and where appropriate make recommendation to Council.

Rules and Procedures

Council’s Standing Orders and Code of Conduct apply to all the committee’s meetings.

Annual reporting

The Chair of the Committee will submit a written report to the Chief Executive on an annual basis. The review will summarise the activities of the Committee and how it has contributed to the Council’s governance and strategic objectives. The Chief Executive will place the report on the next available agenda of the governing body.

Infrastructure Committee Meeting Agenda

7 September 2022

4 Confirmation of Previous Minutes

4.1 Confirmation of Previous Minutes

File Number: A3855367

Author: Rhonda-May Whiu, Democracy Advisor

Authoriser: Aisha Huriwai, Team Leader Democracy Services

Purpose of the Report

The minutes of the previous Infrastructure Committee meeting are attached to allow the Committee to confirm that the minutes are a true and correct record.

Recommendation

That the Infrastructure Committee confirm that the minutes of the meeting held 27 July 2022 be confirmed 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 meeting 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 meeting.

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. 2022-07-27 Infrastructure Committee Minutes - A3806499 ⇩

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 on 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 the 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.

Infrastructure Committee Meeting Agenda

7 September 2022

5 Information Reports

5.1 Roading Maintenance & Operations Contract Obligations

File Number: A3803711

Author: Bernard Petersen, Maintenance & Operations Manager

Authoriser: Andy Finch, General Manager - Infrastructure and Asset Management

Take Pūrongo / Purpose of the Report

The purpose of this paper is is for staff to provide Elected Members with an increased understanding of the current unsealed road contractual obligations, as adopted through the Road Maintenance & Renewals Contracts and enable opportunity for clarification via Elected Member questions on specific items.

WhakarĀpopoto matua / Executive Summary

· This report and associated presentation have been prepared at the request of Elected Members

· It presents information on the existing levels of service that budgeted for within the existing two Road Maintenance and Renewal contracts.

tŪtohunga / Recommendation

That the Infrastructure Committee receive the paper Roading Maintenance and Operations Contract Obligations.

1) TĀhuhu kŌrero / Background

This paper relates to the roading maintenance delivery through the Northland Transportation Alliance (NTA). It follows a request by Elected Members for detail around Levels of Service delivered through the two existing road maintenance and renewals contracts. Staff from the NTA will be available to present the paper.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

As detailed in the attached report and presentation prepared by the NTA.

Take Tūtohunga / Reason for the recommendation

To present the report prepared by the NTA.

3) PĀnga PŪtea me ngĀ wĀhanga tahua / Financial Implications and Budgetary Provision

No direct financial implications as the Levels of Service detailed in the report are budgeted.

Āpitihanga / Attachments

1. Attachment 1 - Contractual Maintenance Obligations - Unsealed Roads - A3824671 ⇩

2. Attachment 2 - Unsealed Roads Contractual Obligations Presentation - A3860832 ⇩

Infrastructure Committee Meeting Agenda

7 September 2022

5.2 Three Waters Reform Transition Support Package Funding (Tranche 1)

File Number: A3826577

Author: Andy Finch, General Manager - Infrastructure and Asset Management

Authoriser: Blair King, Chief Executive Officer

TAKE PŪRONGO / Purpose of the Report

To advise on the Funding Agreement with the Department of Internal Affairs (DIA) for Tranche 1 of the Three Waters Reform Support Package Funding.

WHAKARĀPOPOTO MATUA / Executive SummarY

In July this year, Government announced a further Tranche 1 of a Funding Package to support Council’s in transition work to a new Water Entity.

The Far North District Council’s allocation is $886k to June 2023.

Council will be entering into a Funding Agreement with the DIA to draw down this funding.

TŪTOHUNGA / Recommendation

That the Infrastructure Committee receive the report Three Waters Reform Transition Support Package Funding (Tranche 1).

tĀHUHU KŌRERO / Background

As part of the Three Waters Reform, the Government in July 2022 announced a further funding package totalling $44m to support Councils through the transition period to the establishment of a new Water Entity in July 2024. Tranche 1 covers the period up to June 2023 and will include funding information gathering and reporting requirements relating to the transfer of assets, liabilities, workforce and contracts to Water Service Entities and complying with any additional requirements of processes mandated by the Water Services Bill (once enacted).

The Far North District Council’s proportion of this funding package is $886k. It is grant funding.

Tranche 2 transition funding will be announced at a later date. This will provide funding to contribute towards participation in local establishment and transition teams, including covering the costs of seconded council staff and/or providing for staff backfill.

MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps

Background information and a copy of the Funding Agreement with the Department of Internal Affairs are included as attachments.

This announcement signals a more active requirements from Council’s to engage with the DIA on transition activities. It allows transition work to be undertaken in advance of the Water Service Bill which is expected to pass into legislation later this calendar year.

There are broad expectations around the support to be provided by Council. This is explicitly detailed in the Funding Agreement:

Permitted funding activities

• Information gathering exercises relating to transition, including responding to requests for information from the DIA’s Three Waters National Transition Unit.

• The supply of information and resource to support council’s preparation for transition, including:

• allocation schedules for the assets, liabilities, workforce and contracts to transfer to Water Services Entities;

• Water Service Entity asset management plans; and

• Water Service Entity funding and pricing plans.

• Participation in local transition activity and local transition teams.

• Complying with any additional requirements or processes mandated by the Water Services Entities Bill (once enacted) and supplementary legislation.

• Any other activities that councils reasonably consider necessary to support transition and that give effect to the intent behind this Agreement (as expressed in Item 2 of the Key Details).

Whilst it is prudent that Council takes up funding to support a transition process that will shortly be mandated, it should note that the funding may not be sufficient to cover DIA expectations. Council may need to supplement this funding to ensure the best outcome possible is achieved for residents.

There may also be implications on the delivery of business-as-usual activities, as key staff will need to be engaged to support transition work, including in particular, asset managers, finance and property staff. Whilst staff can be backfilled with consultants using this funding, local knowledge and experience cannot.

PĀNGA PŪTEA ME NGĀ WĀHANGA TAHUA / Financial Implications and Budgetary Provision

There are no immediate financial implications for Council. The Chief Financial Officer will hold this budget in a separate account which will be expended as either directed by the DIA or alternatively by the General Manager Infrastructure and Asset Management.

Āpitihanga / Attachments

1. Attachment 1 - Far North District Council - Three Waters Council Transition Support Package Funding Agreement - A3826571 ⇩

2. Attachment 2 - PR McAnulty - 3 Waters Council Funding - A3828225 ⇩

3. Attachment 3 - Council Funding Support 43.928m Split by Council - A3828226 ⇩

4. Attachment 4 - FAQs for Councils - A3828227 ⇩

Infrastructure Committee Meeting Agenda

7 September 2022

5.3 Infrastructure Committee Action Sheet Update September 2022

File Number: A3859593

Author: Rhonda-May Whiu, Democracy Advisor

Authoriser: Aisha Huriwai, Team Leader Democracy Services

Take Pūrongo / Purpose of the Report

To provide the Infrastructure Committee with an overview of outstanding decisions from 1 January 2020.

WhakarĀpopoto matua / Executive Summary

· Council staff have reintroduced action sheets as a mechanism to communicate progress against decisions/resolutions and confirm when decisions have been implemented.

· The focus of this paper is on decisions made by the Infrastructure Committee.

· Action sheets are also in place for Council and Community Boards.

tŪtohunga / Recommendation

That the Infrastructure Committee receive the report Action Sheet Update September 2022.

1) TĀhuhu kŌrero / Background

The Democracy Services Team have been working on a solution to ensure that elected members can receive regular updates on progress against decisions made at meetings, in alignment with a Chief Executive Officer key performance indicator.

Action sheets have been designed as a way to close the loop and communicate with elected members on the decisions made by way of resolution at formal meetings.

Action sheets are not intended to be public information but will provide updates to elected members, who, when appropriate can report back to their communities and constituents.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

The outstanding tasks are multi-facet projects that take longer to fully complete.

The Democracy Services staff are working with staff to ensure that the project completion times are updated so that action sheets provided to members differentiate between work outstanding and work in progress.

Take Tūtohunga / Reason for the recommendation

To provide the Infrastructure Committee with an overview of outstanding committee decisions from 1 January 2020.

3) PĀnga PŪtea me ngĀ wĀhanga tahua / Financial Implications and Budgetary Provision

There are no financial implications or need for budgetary provision in receiving this report.

Āpitihanga / Attachments

1. Infrastructure Committee Action Sheet September 2022 - A3864731 ⇩

Infrastructure Committee Meeting Agenda

7 September 2022

6 Te Wāhanga Tūmataiti / Public Excluded

RESOLUTION TO EXCLUDE THE PUBLIC

Recommendation

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
6.1 - Confirmation of Previous Minutes - Public Excluded	s7(2)(h) - the withholding of the information is necessary to enable Council to carry out, without prejudice or disadvantage, commercial activities	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 - Te Hiku Netball Court Renewal Contract Award	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	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