Private Bag 1001, Dargaville Telephone Ordinary Meeting Of Kaipara District Council In The Council Chambers, Station Road,

Transcription

1 Private Bag 1001, Dargaville Telephone Ordinary Meeting Of Kaipara District Council In The Council Chambers, Station Road, Dargaville On Tuesday 29 January 2013 Commencing 10am Confirmed Minutes Contents 1 Opening Present In Attendance Apologies Presentation Public Deputation Call for Late Items Declaration of Conflicts of Interest Minutes Ordinary Council Meeting : 18 December Policy Private Plan Changes: Receiving Requests within Two Years of the Kaipara District Plan becoming Operative Kopuru Licence Assignment - Pinney Aravale Farms Limited Licence Assignment Speed Restrictions Review: Molesworth Drive, Mangawhai Mangawhai Endowment Fund Committee : Appointment of Community Representatives Kaipara District Council Meeting Venues Risk Management Policy Long Term Plan: Review Programme Reports Chief Executive s Report: December 2012/January Chairman s Report: January Closure confirmed

2 2 1 Opening 1.1 Present Commissioners J Robertson (Chair), R Booth, C Dale, P Winder 1.2 In Attendance Chief Executive, Corporate Services Manager, General Manager Operations, General Manager Policy and Governance, Governance Support Officer, PA to Chief Executive (Minutetaker) 1.3 Apologies No apologies were received. 1.4 Presentation Nil 1.5 Public Deputation Nil 1.6 Call for Late Items There were no late items. 1.7 Declaration of Conflicts of Interest General Manager Policy and Governance Nil 2 Minutes 2.1 Ordinary Council Meeting : 18 December 2012 General Manager Policy and Governance Dec A copy of the minutes was circulated. Moved Robertson / Dale That the minutes of the Ordinary Meeting of Council 18 December 2012 as circulated, be confirmed as a true and correct record.

3 3 3 Policy 3.1 Private Plan Changes: Receiving Requests within Two Years of the Kaipara District Plan becoming Operative General Manager Policy and Governance A report from the District Planning Advisor dated 11 January 2013 was circulated. The review of the Kaipara District Plan was nearly complete and was in the final stage of settling appeals to the Environment Court. As a result of mediations, agreements between Council and the parties were being drafted into Consent Orders for the Judge to consider and sign. There were however, some agreements that sit outside of the Court s jurisdiction. This item sought to provide formal approval for two of those side agreements. During appeals mediations discussions, two appellants had agreed that their concerns were more appropriately addressed through a plan change process. These appellants had agreed to settle their appeals provided that should they apply for a private plan change within two years of the District Plan becoming operative, Council will not exercise its right to reject the request. Moved Robertson/ Winder That the Kaipara District Council: 1 Receives the report Private Plan Changes: Receiving Requests within Two Years of the Kaipara District Plan becoming Operative dated 11 January 2013; and 3 Will not exercise its discretion under Schedule 1 Part 2 Clause 25(4)(e) of the Resource Management Act to reject a request for a private plan change from Duck Nominees Limited or Northpower if those requests are lodged within two years of the District Plan becoming operative. The two potential requests for private plan changes will not undermine the integrity of the recently reviewed Kaipara District Plan. It is considered that Council can accept the requests, and allow them to proceed through the public process. Accepting the requests is not guaranteeing an approval of the private plan changes. They have to go through the public process under the Resource Management Act 1991, and will be considered on their merits.

4 4 3.2 Kopuru Licence Assignment - Pinney General Manager Operations A report from the Commercial Manager dated 16 January 2013 was circulated. Mr Mervyn James Pinney was selling his farming property at 1235 Red Hill Road to BF and RE Sanford Limited. The Sanford s had requested that the grazing licence at Kopuru Domain, formerly held by Mr Pinney, also be transferred to them. It was a term of the Agreement for Sale and Purchase that Mr Pinney use his best endeavours and take such steps as necessary to have the benefit of the Kopuru Domain Grazing Licence transferred to the purchasers. The purchasers lawyers were making formal application on behalf of BF and RE Sanford Limited for the grazing licence on the same terms and conditions. There were no legal issues for Council allowing the surrender of the licence and new documentation. The purchaser had agreed to all terms and conditions of the licence. The Kopuru Beach Domain was land administered by Kaipara District Council for the Department of Conservation under Section 59A of the Reserves Act 1977 and Section 17Q of the Conservation Act Moved Robertson/ Dale That the Kaipara District Council: 1 Receives the Commercial Manager s report Kopuru Licence Assignment Pinney dated 16 January 2013 be received; and 3 Allows the surrender of the Grazing Licence currently held by Mervyn James Pinney described as the property at Glinks Gully, part allotment 141 Kopuru Parish, Kopuru Survey District containing approximately 96.2 hectares; and 4 Approves a new Grazing Licence on the same terms and conditions and for the balance of the period of the lease as surrendered for BF and RE Sanford Limited for the property described as Glinks Gully, part allotment 141 Kopuru Parish, Kopuru Survey District containing approximately 96.2 hectares. The Kopuru grazing licences enables the continued grazing of this land and associated income to benefit the District reserves activity while meeting community aspirations

5 5 3.3 Aravale Farms Limited Licence Assignment General Manager Operations A report from the Commercial Manager dated 07 January 2013 was circulated. Ian and Janet Harper, (trading as Aravale Farms Limited) were selling their farming property at 15 Ball Road, Matakohe to A J Services Limited. Andrew Simpson and Louise Pascoe (trading as A.J. Services Limited) had requested that the grazing licence for the adjoining property on Oparakau Road, Matakohe, formerly held by Aravale Farms Limited also be assigned to them. Lucy Postlewaight, Lawyer was making formal application on behalf of A.J. Services Limited for the grazing licence on the same terms and conditions. There were no legal issues for Council allowing the surrender of the licence and new documentation. The potential new leaseholder had agreed to all terms and conditions of the licence. The Reserve at Oparakau Road was administered by Kaipara District Council for the Department of Conservation under the Reserves Act The Licence was held in accordance with the provisions of the Public Bodies Leases Act Moved Robertson/ Winder That the Kaipara District Council: 1 Receives the Commercial Manager s report Aravale Farms Limited Licence Assignment dated 07 January 2013; and 3 Allows the surrender of the Grazing Licence currently held by Aravale Farms Limited for the property described as Oparakau Road, Matakohe, being all DP25523 Block XIII, Matakohe Survey District, containing hectares; and 4 Approves a new Grazing Licence on the same terms and conditions and for the balance of the period of the lease as surrendered for A.J. Services Limited for the property described as Oparakau Road, Matakohe, being all DP Block XIII, Matakohe Survey District, containing hectares. The surrender and approval of the grazing licences enables the continued grazing of this land and associated income to benefit the district reserves activity while meeting community aspirations.

6 6 3.4 Speed Restrictions Review: Molesworth Drive, Mangawhai General Manager Operations A report by the Roading Manager dated 16 January 2013 was circulated, which sought Council s decision on the Speed Restriction review undertaken on Molesworth Drive, Mangawhai. Council asked for a review of speed restrictions on Molesworth Drive, Mangawhai. There currently were three different speed restriction zones in place on Molesworth Drive within a small length and distance of the road. Land surrounding the road was currently of mixed use, it passing through urban, semi-rural and light industrial. Development pressure surrounding this road will continue, it also passing Mangawhai Park, which had new development taking place in the form of a new Museum and Mangawhai Activity Zone, a community area being developed as a multi-use community area. Outlined in the Roading Manager s report was an option for Council consideration which would give certainty to the travelling public on correct speed restriction limits and enable better police enforcement of those speed limits. Moved Robertson/ Booth That the Kaipara District Council: 1 Receives the Roading Manager s report Speed Restrictions Review: Molesworth Drive, Mangawhai dated 16 January 2013; and 3 Gives approval for the Speed Restriction changes proposed in the Roading Manager s 16 January 2013 report as a result of the Site Survey assessment to the speed limits for Molesworth Drive; and 4 Removes the current 70 kilometres per hour speed limit zone between RP558 and 683 and replaces it with a 50 kilometres per hour speed limit zone; and 5 Gives approval for the 80 kilometres per hour to 50 kilometres per hour speed limit transition to be moved from RP2553 to RP2473. Approval for the new Speed Restrictions removes the current inconsistent restriction limits and gives certainly to the travelling public on correct speed limits. It enables better police enforcement and recognises the surrounding urban, semi-rural and light industrial environment Molesworth Drive passes through.

7 7 3.5 Mangawhai Endowment Fund Committee : Appointment of Community Representatives General Manager Policy and Governance A report by the Policy and Planning Manager dated 16 January 2013 was circulated. At its meeting on 30 October 2012 Council considered a report which explored the potential for involving the local community in the process for making grants from the Mangawhai Endowment Fund. This was seen as an opportunity to involve the Mangawhai community to a greater extent in the operation of the Fund. The Council decided to achieve this by adding community members to the existing Council committee and agreed to invite the Mangawhai Community Trust to nominate two people after calling for expressions of interest from the community. While welcoming the opportunity to participate in the process, the Trust acknowledged that its trustees represented a wide range of community organisations and interests, and the best way to avoid perceptions of conflicts of interest would be not to involve itself directly in the nomination of candidates. The Trust however recorded its support for the Council processing the recruitment of community representatives on the Committee. Requests for expressions of interest were called for in December 2012, four people had responded and Council needed to decide who should be appointed. The four candidates had been assessed by Commissioners Robertson and Dale (with assistance from the Policy and Planning Manager) against the following criteria: Connection with Mangawhai Previous involvement in Mangawhai affairs Community experience to bring to the Committee. In terms of these criteria, the recommended candidates were Joanna Roberts and Alan Russek. Commissioners Robertson and Dale supported these appointments being made. Moved Dale/ Winder That the Kaipara District Council: 1 Receives the Policy and Planning Manager s report entitled Mangawhai Endowment Fund: Appointment of Community Representatives dated 16 January 2013; and

8 8 3 Appoints Joanna Roberts and Alan Russek to the Mangawhai Endowment Fund Committee for the period ending October 2015 in accordance with the decision made at its meeting on 30 October 2012; and 4 Thanks the unsuccessful candidates for their interest and contribution to the process. These two candidates will add value to the process and are not encumbered by a conflict of interest. It gives an opportunity for empowerment of the local community in decisions which directly affect it. 3.6 Kaipara District Council Meeting Venues 2013 Corporate Services Manager ; Item 3.6 of the 18 December 2012 minutes referred. A report by the Corporate Services Manager dated 12 January 2013 was circulated. The Chair of Commissioners had asked that Council maximises the opportunity for people to attend meetings and was mindful of minimising their travelling time should they wish to do so. Council adopted the meeting schedule for 2013 at its 18 December 2012 meeting. Watching democracy in action at a Council meeting was an excellent way for residents to learn about the governance arm of Council. It provided the opportunity to witness the transparency of the process and enable a better understanding of how Council conducted its business and made decisions in the best interest of the community it serves. Those attending had the opportunity of meeting the Commissioners, Chief Executive and senior staff after the meeting. This was the chance to get to know and become familiar with those who had been entrusted with the running of the District on the community s behalf. It will also help debunk the myth and mystery around the people behind the Council persona. Councillor Richard Booth would be unable to attend the Tuesday 26 March Council meeting, so this meeting was rescheduled to Monday 25 March 2013.

9 9 Moved Winder/ Dale That Kaipara District Council: 1 Receives the Corporate Service Manager s report titled Kaipara District Council Meeting Venues dated 12 January 2013; and 3 Holds every second meeting outside of Dargaville commencing with the meeting to be held Tuesday 26 February 2013 and that Council adopts the following schedule of dates and places with venues to be confirmed: 26 February 2013 Te Kopuru 27 August 2013 Maungaturoto 25 March 2013 Dargaville 24 September 2013 Dargaville 23 April 2013 Mangawhai 22 October 2013 Kaihu 28 May 2013 Dargaville 26 November 2013 Dargaville 25 June 2013 Ruawai 17 December 2013 Local Marae 23 July 2013 Dargaville [NOTE: Councillor Richard Booth would be unable to attend the Tuesday 26 March Council meeting, so this meeting was rescheduled to Monday 25 March 2013] This helps maximise the opportunity for people to attend meetings and see how Council conducts its business and makes decisions in the best interest of the community it serves. 3.7 Risk Management Policy General Manager Policy and Governance A report by the General Manager Policy and Governance dated 27 November 2012 and an excerpt of the Audit and Risk Committee Meeting Minutes of 17 December 2012 were circulated, the purpose of which was to enable Commissioners to adopt the Risk Management Policy and Framework dated December 2012.

10 10 Moved Booth/ Winder That the Kaipara District Council confirms the resolution passed by the Audit and Risk Committee at its 17 December 2012 meeting concerning the Risk Management Policy and Framework Item as follows: 1 Receives the General Manager Policy and Governance s report Risk Management Policy and Framework dated 27 November 2012, and 3 Endorses the Risk Management Policy and Framework dated December 2012 as set out in the attachment to the General Manager Policy and Governance s report dated 27 November 2012 report and recommends to Council that it be adopted; and 4 Notes that: a. the introduction of formal Risk Management into the organisation is just beginning and that it will evolve over time b. full implementation of the Framework and Policy will take time, the speed of which will be dependent on available resources and relative priorities c. risk registers are in place for the organisation as a whole and that risk registers for key organisational projects are either in place or being developed. d. regularly reporting on the implementation of the policy is necessary. It is important to move to good practice polices and processes. The Risk Management Policy and Framework is part of an organisation s key practices. This represents the start of formal Risk Management and it is noted that practices will evolve over time. 3.8 Long Term Plan: Review Programme Chief Executive A report by the Chief Executive dated 21 January 2013 was circulated enabling Commissioners to formally approve the programme for reviewing the Long Term Plan in preparation for a new Plan in 2015, as required under the Commissioners Terms of Reference.

11 11 When the Commissioners were appointed In September 2012, the Terms of Reference to guide work included the task of reviewing the current Long Term Plan (LTP) to assess its suitability for the future. The result of this review was the decision to proceed with LTP amendments over the next two years. The likelihood of amendments had also signalled in the Long Term Plan 2012/2022 where it was noted that there were to be a series of reviews of Council s business that may result in such amendments. The reviews had intended to both address historic issues and establish an efficient and effective way forward. This year s proposed amendment was to establish the right financial policies for a sustainable Council, while the following year the proposed amendment was targeted at ensuring activities were what the District needed and delivered to the right affordable standard as efficiently and effectively as possible. The Long Term Plan 2015/2025 will then draw together the amendments completed over the previous two years and outline a clear direction for the future of the Council and District. Related to the programme to review the Long Term Plan was the work required to resolve historical issues. Attached to the Chief Executive s report (21 January 2013) were the draft project plan for the whole programme of review and the draft sub-project plans covering the 2013 proposed amendment of the Long Term Plan 2012/2022. The purpose of the report was to gain the Council s approval of these plans and the associated programme review. Moved Winder/ Dale That the Kaipara District Council: 1 Receives the Chief Executive s report Long Term Plan: Review Programme dated 21 January 2013; and accordance with the provisions of Section 79 of the Act determines that it does not require further information, further assessment of options or further analysis of the costs and benefits of different options prior to making a decision on this matter; and 3 Approves the Project Plan for the review of the Long Term Plan; and 4 Approves the sub-project plans for: a. Community and Iwi Consultation b. Mangawhai Community Wastewater Scheme (MCWWS) capital rate implementation c. Financial Strategy Review d. Environmental Scan. 5 Acknowledges the work of the Executive in preparing a systematic and programmatic approach over future years for the planning of the District.

12 12 The development of a project to guide the review of the 2012 Long Term Plan and the development of the 2015 Long Term Plan is consistent with the Commissioners Terms of Reference. 4 Reports 4.1 Chief Executive s Report: December 2012/January 2013 Chief Executive The Chief Executive s report is circulated separately. The financial report was tabled at the meeting. The General Manager Operations briefed Council on the recent Pouto fire. Moved Robertson/ Winder That the Kaipara District Council acknowledges and thanks the professional and volunteer fire fighters who fought in the January 2013 Pouto fire. Moved Robertson/ Booth That the Chief Executive s report for December 2012/January 2013 be received. 4.2 Chairman s Report: January 2013 Chair The Chair s report was tabled at the meeting. Moved Robertson/ Winder That the Chairman s report for January 2013 be received. Closure The meeting closed at 11.40am Confirmed 26 February Chair John Robertson