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Finance & Corporate Committee Agenda PDF

265 Pages·2016·23.25 MB·English
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Finance & Corporate Committee Agenda Time: 11.30am Date: Tuesday, 13 December 2016 Venue: Council Chambers, Waipa District Council, 101 Bank Street, Te Awamutu INDEX PAGE NO. Agenda – 13 December 2016 1 – 8 2 Minutes of Previous Meeting – 23 September 2016 (9 - 13) 3 Deputation re Kihikihi Dog Pound (no papers) 3 Council Controlled Organisations & Civic Assurance Annual Reports (14 - 219) 3 - 4 Quarterly Property Report (220 - 228) 4 - 5 Stop, Declare Surplus & Sell a portion of unformed Lovells Road (229 - 236) 5 - 6 Lease for Café on Mighty River Domain (237 - 247) 6 - 7 Mighty River Domain S17a Review (248 - 265) 7 2017 Meeting Dates (no papers) 2 Finance & Corporate Committee Agenda AGENDA ITEMS 1 MEMBERS Chairperson Cr A Brown Members His Worship the Mayor JB Mylchreest, EM Andree-Wiltens, JM Bannon, EH Barnes, M Gower, SDC Milner, SC O’Regan, EM Stolwyk, CS St Pierre, BS Thomas, GRP Webber, VT Wilson 2 APOLOGIES 3 DISCLOSURE OF MEMBERS’ INTERESTS 4 VISITORS 5 MINUTES OF PREVIOUS MEETING Pages: 9 - 13 Recommendation That the minutes of the Finance & Corporate Committee meeting held on 20 September 2016 be received. 6 LATE ITEMS 7 CONFIRMATION OF ORDER OF MEETING File: 01-89-0 Recommendation That the order of the meeting be confirmed. 3 Finance & Corporate Committee Agenda 8 DEPUTATION REGARDING KIHIKIHI DOG POUND No papers A deputation of residents from Kihikihi will be in attendance to present a letter to Council on the proposed Kihikihi Dog Pound. 9 COUNCIL CONTROLLED ORGANISATIONS & CIVIC ASSURANCE ANNUAL REPORTS File: 090-01-25 / Pages 14 - 219 Council is a shareholder in Waikato Local Authority Shared Services Limited (WLASS), Waikato Regional Airport Limited (WRAL) and the New Zealand Local Government Funding Agency Limited (LGFA) which are Council Controlled Organisations (CCOs). Council is also a shareholder of the New Zealand Local Government Insurance Corporation trading as Civic Assurance Limited (Civic). The purpose of this report is to summarise the highlights of the annual reports of WLASS, WRAL and the LGFA for the year ended 30 June 2016, and the annual report of Civic for the year ended 31 December 2015. Section 67 (1) of The Local Government Act 2002 (LGA) requires that within 3 months after the end of each financial year, the board of a CCO must deliver to the shareholders, and make available to the public, a report on the organisation's operations during that year. The audit of annual reports for these companies were completed within statutory time frames and un-modified audit opinions were issued for all four organisations Recommendation That the information contained in the report of Kumaren Perumal, Manager Finance be received, together with the 30 June 2016 Annual Reports of Waikato Local Authority Shared Services Limited (document number 16118047), New Zealand Local Government Funding Agency (document number 16091920), Waikato Regional Airport Limited (document number 16095330) and the 31 December 2015 Annual Report of Civic Assurance (document number 16048397). 10 QUARTERLY PROPERTY REPORT File: 120-01-02/03 / Pages 220 - 228 The purpose of the staff report is to provide information on the activities of the Property Services Team for the July 2016 to September 2016 quarter. This is an ‘information only’ report as no decisions are required. Page 2 of 7 4 Finance & Corporate Committee Agenda Recommendation That the information contained in the Quarterly Property Services Report (document 16113020), of John Miles, Manager Property Services be received. 11 LOVELLS ROAD UNFORMED ROAD STOPPING File: 90-02-25 & UR7/547 / Pages 229 - 236 The owner of land adjoining unformed road owned by Council (Lovells Road as per Appendix 1 attached to the staff report) has applied to Council to purchase part of the unformed section of the road for amalgamation with the land in their ownership. Council is required to follow a process under the Public Works Act 1981 to stop the road and be able to sell the land. The road is surplus to Council’s requirements and its current legal status of road does not reflect the true use of the land. It is proposed that Council consent to the unformed road being stopped. A Notice in the Gazette under the Public Works Act 1981 will complete the legal process to stop the road and enable the sale of the land by Council to proceed. As the Local Government Act 2002 requires Council itself to authorise any sale of land not specifically provided for in an Annual Plan, part c) of the recommendation provides for a recommendation to Council to authorise the sale. Recommendation That a) The report of Cathy McNally, Property Advisor (document number 16116172) be received; b) The Committee resolve pursuant to section 116 of the Public Works Act 1981, to request the Minister of Land Information to stop that portion of Lovells Road shown on the attached plan (Appendix 2) containing 5,500 square metres approximately; c) The Committee recommends to Council that, pursuant to s.117(3)(b), it considers it equitable to dispose of the stopped road to an adjoining landowner by way of amalgamation with the land in Certificate of Title 724903, subject to Council entering into a formal agreement under the Public Works Act to sell the land for an amount determined by valuation. In addition the purchasers will be responsible for: (i) Arranging and/or meeting costs for the production of a Survey Office plan; and (ii) Meeting Council’s valuation costs and contribute towards Council’s administrative and Public Works Act legalisation costs; and (iii) Securing formal Public Works Act consents from the three neighbours. Page 3 of 7 5 Finance & Corporate Committee Agenda d) Subject to the Council approval required in part c) of this resolution, the Group Manager Business Support be authorised to sign, apply the Council seal (if required) and execute any documentation required to affect the road stopping and transfer of land to the adjoining landowner. 12 LEASE FOR CAFÉ ON MIGHTY RIVER DOMAIN File: P14149-07-05 / Pages 237 - 247 The Mighty River Domain (“the Domain”) hosts large numbers of visitors during organised events and at other times when those associated with recreational and competitive water sports, outdoor pursuits, the Te Awa cycleway, the Rowing NZ High Performance Centre, the Domain camp ground/accommodation and functions in the Sir Don Rowlands Centre are present on site. Visitors regularly express an interest in being able to obtain refreshments on site, and such public demand has motivated the proposal presented in this report. The owners of Cambridge catering company Gourmet Delicious Limited (‘GD’) have been in discussions with the Domain’s Site Manager and Council staff for several years in relation to the possibility of opening a café on the Domain. They have carried out extensive research and are confident that the business proposal is viable. In November 2016, Council staff gained resource consent for the establishment and operation of a standalone café on the Domain. GD are willing to fund construction of the proposed café, on the basis that Council grant a ground lease in respect of the facility. A site layout, floor plan and concept drawings of the proposed café are included as appendices to the staff report. Given that café activity is both anticipated by and in accordance with the Domain’s Reserve Management Plan, neither the prior consent of the Minister nor public notification is required for Council to grant a lease for the purpose of operating a café on site. The Committee are therefore asked to approve this proposal. Recommendation That a) The report of Jane Blackmore, Property Advisor (document number 16116853) be received; b) The Finance and Corporate Committee approve the granting of a commercial ground lease to Gourmet Delicious Limited pursuant to s.54(1)(d) of the Reserves Act 1977 and the Karapiro (Mighty River) Domain Reserve Management Plan (September 2011) in respect of a café facility to be constructed on the Mighty River Domain, Lake Karapiro, for a period of fifteen (15) years with a right of renewal of ten (10) years, at a commercial rent to be based upon advice from a registered valuer and rent reviews to occur after five Page 4 of 7 6 Finance & Corporate Committee Agenda (5) years and thereafter every two and a half (2.5) years, with the lease document to include such conditions as considered appropriate to adequately protect Council’s interests; and c) Authority be delegated to the Group Manager Business Support to approve the Heads of Agreement and Lease documents associated with the proposed café and to execute and apply the Council Seal to these documents. 13 MIGHTY RIVER DOMAIN – S17A REVIEW File: P14149-07-04 / Pages 248 - 265 At its 20 September 2016 meeting the Committee approved the engagement of a consultant to conduct a review of the management model utilised for the Mighty River Domain, Lake Karāpiro (‘the Domain’), in accordance with section 17A (4)(b) of the Local Government Act 2002. Proposals were subsequently sought from potential providers, and Horwath HTL was selected to carry out the review. Horwath staff undertook two site visits, interviewed a variety of key stakeholders and considered relevant documentation in order to inform their review of the Domain. A summary of the review scope, background information and key findings from the final draft of the review document is attached as Appendix 1 to the staff report. Section 17a of the Local Government Act 2002 is attached as Appendix 2 to the staff report, for reference also. In considering the issue of cost effectiveness, Horwath staff take the view that the question is as much about ‘effectiveness’ as it is about ‘cost’, and that the cheapest service delivery option would not necessarily be the most cost effective, if it does not meet Council’s objectives for the site. Horwath staff received a strong message from those they interviewed, in relation to the significance of the Domain and the necessity for the service delivered on site to be of high quality. Although a review of the incumbent operator’s performance was outside the scope of the review, a clear message was received by Horwath staff that key stakeholders are very satisfied with the service being delivered on the Domain by the incumbent operator, and this among other considerations has supported their conclusion that the labour only management contract is the most cost-effective means of service delivery. The key finding presented by Horwath HTL in their s17a report is as follows: “Based on our analysis of reasonably practicable alternative options, we believe the arrangement with the present community-orientated private sector contractor ... is currently, and is likely to continue to be, the most cost-effective option for the funding, governance and delivery of the management of the Mighty River Domain, Lake Karāpiro. Page 5 of 7 7 Finance & Corporate Committee Agenda Horwath have, however, identified that it would be prudent for Council to develop a ‘plan B’ for the Domain’s management, to reduce the risk associated with Council having all of its eggs in one basket. The ‘plan B’ recommendation is that Council build capacity within its ranks to handle some or all of the site’s service delivery requirements in-house, if a suitable contractor cannot be found. In addition, Horwath have identified improvements to contract-related documentation, planning, reporting and accountability practices associated with the Domain. Horwath suggest that by effecting these improvements, Council will move closer to achieving ‘best practice’ and could realise even greater cost effectiveness in the future. Provided that the Committee approve the staff report’s recommendation that the status quo management model for the Domain be retained, an open market process will be entered into to identify a suitable contractor to continue to manage the Domain on Council’s behalf for a three year term with three year right of renewal. Staff would expect to bring a recommendation in this regard to the Committee’s March 2017 meeting. Although timeframes are tight, this should allow time for the successful contractor to prepare for the role, prior to the expiry of the current contract. Recommendation That a) The report of Jane Blackmore, Property Advisor (document number 161173333) be received; b) The Committee accept the recommendations presented by Horwath HTL in their report of 5 December 2016, attached as Appendix 1 to the report (document 16117333), in relation to the future delivery of services on the Mighty River Domain, Lake Karāpiro; c) Staff be authorised to undertake an open market process to select a suitable site management contractor for the Mighty River Domain for a three year term with three year right of renewal beginning 1 July 2017, on the basis that this management model has been identified as the most cost effective method of delivering services on the Domain, in accordance with section 17A (4)(b) of the Local Government Act 2002. 14 MEETING DATES FOR 2017 No papers The Local Government Act 2002 requires Council and its Committees to set the dates of meetings, or a schedule of meetings, for a period of time. It is now appropriate to adopt a schedule of meetings for the Finance & Corporate Committee for 2017. Page 6 of 7 8 Finance & Corporate Committee Agenda The Committee’s practice has been to meet at 1.00pm on the Third Tuesday of each month, except for January. Recommendation That in accordance with the Local Government Act 2002, Schedule 7 Clause 19(6)(i) the Finance & Corporate Committee adopt the following schedule of meeting dates for 2017 (generally being the third Tuesday of each month except for January): 21 February, 21 March, 18 April, 16 May, 20 June, 18 July, 15 August, 19 September, 17 October, 21 November and 19 December. Page 7 of 7 9 Finance & Corporate Committee Minutes Time: 1.00pm Date: Tuesday, 20 September 2016 Venue: Council Chambers, Waipa District Council, 101 Bank Street, Te Awamutu 1 PRESENT Chairperson Cr A Brown Members His Worship the Mayor JB Mylchreest, JM Bannon, J Bishop, M Gower, SDC Milner, EM Stolwyk, CS St Pierre, BS Thomas, GRP Webber, VT Wilson In attendance Group Manager Business Support K Morris; Manager Property Services J Miles; Business Development Manager S Tritt; Communications Consultant J Tyrell; Property Advisor J Blackmore; Policy Analyst S O’Dea; Event Co-ordinator G Burke; Management Accountant S Paterson; Governance Support Senior C Shaw 2 APOLOGIES RESOLVED 3/16/53 That the apologies from Councillors Barnes and Hoverd for non-attendance, be received. Cr St Pierre/Cr Bannon 3 DISCLOSURE OF MEMBERS’ INTERESTS Cr Stolwyk declared an interest in item 10. 4 VISITORS Jason Dawson, new Chief Executive and Nicola Greenwell from Hamilton Waikato Tourism were in attendance for item 8. 10 Finance & Corporate Committee Minutes 5 MINUTES OF PREVIOUS MEETING RESOLVED 3/16/54 That the minutes of the Finance & Corporate Committee meeting held on 16 August 2016 be confirmed as a true and correct record. Cr Bishop/Cr Bannon 6 LATE ITEMS There were no late items. 7 CONFIRMATION OF ORDER OF MEETING File: 01-89-0 RESOLVED 3/16/55 That the order of the meeting be confirmed. Cr Webber/Cr Wilson 8 ANNUAL REPORT AND PRESENTATION FROM HAMILTON WAIKATO TOURISM File: 01—67-01 Jason Dawson and Nicola Greenwell were in attendance and made their annual report presentation with the aid of a power point presentation. Councillors asked questions on the presentation and congratulated Hamilton Waikato Tourism for promoting Waipa attractions. In response to a question regarding Sanctuary Mountain and the extra funding provided, Mr Dawson said that a strategy document had been prepared and identified areas that could improve the visitor offering. He said he was about to meet with the Trust Board to develop a plan for working through the document and the proposed initiatives. Discussion was held around the increase in international visitor nights and what has driven that. Mr Dawson said Hobbiton had driven the major increase. He said Waitomo was still popular but if the visitors are wanting to go to both they are staying in Hamilton or Rotorua. Page 2 of 5

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Waikato Regional Airport Limited (WRAL) and the New Zealand Local The road is surplus to Council's requirements and its current legal status of road The Mighty River Domain (“the Domain”) hosts large numbers of visitors .. tendered and a new contract was awarded to Traffic Design Group Ltd.
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