Invercargill C I T Y COUNCIL NOTICE OF MEETING Notice is hereby given of the Meeting of the Invercargill City Council to be held in the Council Chamber, First Floor, Civic Administration Building, 101 Esk Street, Invercargill on Tuesday 5 May 2015 at 4.00 pm His Worship the Mayor Mr T R Shadbolt JP Cr D J Ludlow (Deputy Mayor) C r R LAbbott Cr R R Amundsen Cr K F Arnold Cr N D Boniface Cr A G Dennis Cr I L Esler Cr P W Kett Cr G D Lewis Cr I R Pottinger Cr G J Sycamore Cr L S Thomas EIRWEN HARRIS MANAGER, SECRETARIAL SERVICES 02 AGENDA Page 1. APOLOGIES Cr D J Ludlow 2. PUBLIC FORUM Mr Neil Cruickshank will be in attendance to speak about the Lifelines Project. 3. MINUTES OF THE MEETING OF COUNCIL HELD ON 31 MARCH 2015 05 4. MINUTES OF THE MEETING OF THE BLUFF COMMUNITY BOARD HELD ON 13 APRIL 2015 13 5. MINUTES OF THE EXTRAORDINARY MEETING OF COUNCIL HELD ON 24 APRIL 2015 19 6. MINUTES OF COMMITTEES 6.3 INFRASTRUCTURE AND SERVICES COMMITTEE 28 APRIL 2015 6.4 FINANCE AND POLICY COMMITTEE 29 APRIL 2015 21 To be tabled. 7. REPORT OF COUNCILLOR IAN POTTINGER 7.1 8. USE OF CAPITAL BY INVERCARGILL CITY HOLDINGS LIMITED REPORT OF SERVICES 8.1 DIRECTOR OF 29 FINANCE AND CORPORATE 37 REPRESENTATION REVIEW To be circulated separately 10. MAYOR'S REPORT 11. URGENT BUSINESS 39 03 12. PUBLIC EXCLUDED SESSION Moved, seconded that the public be excluded from the following parts of the proceedings of this meeting; namely (a) (b) (c) (d) Confirming of Minutes of the Public Excluded Session of Council 31 March 2015 Receiving Minutes of the Public Excluded Session of Bluff Community Board 13 April 2015 Report of the Director of Finance and Corporate Services Report of the Director of Environmental and Planning Services The general subject 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(1)(d) 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(1) for the passing of this resolution (a) Confirming of Minutes − Council 31 March 2015 Enable any local authority holding the information to carry on, without prejudice disadvantage, or (including negotiations commercial and industrial negotiations) Section 7(2)(i) (b) Confirming of Bluff Minutes − Community Board 13 April 2015 Enable any local authority holding the information to carry on, without prejudice disadvantage, or negotiations (including commercial and industrial negotiations) Section 7(2)(i) (c) IVEM Constitution Enable any local authority holding the information to carry on, without prejudice disadvantage, or negotiations (including commercial and industrial negotiations) Section 7(2)(i) (d) Windsor Concept Enable any local authority holding the information to carry on, without prejudice disadvantage, or negotiations (including commercial and industrial negotiations) Section 7(2)(i) Village ********** 04 MINUTES OF THE MEETING OF THE INVERCARGILL CITY COUNCIL HELD IN THE COUNCIL CHAMBER, FIRST FLOOR, CIVIC ADMINISTRATION BUILDING, 101 ESK STREET, INVERCARGILL, ON TUESDAY 31 MARCH 2015 AT 4.00 PM PRESENT: His Worship the Mayor Mr T R Shadbolt Cr D J Ludlow − Deputy Mayor C r R LAbbott Cr R R Amundsen Cr K F Arnold Cr N D Boniface Cr A G Dennis Cr I L Esler CrPWKett CrG DLewis Cr I R Pottinger Cr L S Thomas IN ATTENDANCE: Mr R W King − Chief Executive Officer Mrs P M Gare − Director of Environmental and Planning Services Mr D J Johnston − Director of Finance and Corporate Services Ms M Napper − Community Development Manager Mr R Pearson − Roading Manager Mr D Booth − Financial Services Manager Mr P Homer − Manager Building Assets and Museum Mrs M Short − Manager Strategy and Policy Miss K Graber − Planning and Policy Analyst Ms L Kuresa − Committee Secretary APOLOGIES Cr G J Sycamore. Moved Cr Boniface, seconded Cr Ludlow and RESOLVED that the apology be accepted. 2. PUBLIC FORUM Nil. 3. REPORT OF THE INVERCARGILL YOUTH COUNCIL The report had been circulated and Co−Chairs Jennifer Forrest, Martha Broughton and Danielle Carson were in attendance to speak to it. 3.1 Youth Council Leadership Programme 3.2 Welcome to Invercargill 05 3.3 Youth Council − New Zealand Flag Consideration Panel Stephen Jones who had been appointed to represent New Zealand Youth on the New Zealand Flag Consideration Panel was introduced to Council. Council congratulated him on his new appointment and wished him well. Moved Cr Thomas, seconded Cr Boniface and RESOLVED that the report be received. 4. MINUTES OF THE MEETING OF COUNCIL HELD ON 24 FEBRUARY 2015 Moved Cr Ludlow, seconded Cr Amundsen that the minutes be approved. Cr Kett said that the meeting started at 2.00 pm and not 4.00 pm. Cr Pottinger said with regard to Item 3.3, he asked Cr Ludlow what the relevance was for asking Mr Mulvey about retaining IDs from underage people who presented them to try and purchase alcohol from liquor stores. Cr Boniface raised a Point of Order and said that the Council was passing a resolution to approve the accuracy of the minutes and not debate the matters outlined in the minutes. Cr Ludlow said he was happy to answer Cr Pottinger's question. He said he had asked that question because the submitter raised the matter and how they liked to follow the rules. He was merely seeking clarification on this matter. Cr Pottinger said with regard to Item 12.2, he wanted clarification as to whether Council had set a precedent that it would need to charge the higher tier because that was a cost to this Council of monitoring it or could a liquor license holder come to Council and ask to go to a lower tier. Cr Ludlow said at the moment the fees and charges had been set and it was not Council's intention to make a profit from them. If Council found that the fees were generating a profit then they would be reviewed and reduced. On the question on whether it would preclude anybody else from approaching Council and asking for a fee reduction, the answer was no − any licence holder had the right to ask for a reduction, but added the decision regarding the ILT request certainly indicated where Council would most likely stand. Cr Pottinger asked if the Government got it wrong in setting a tier structure where the tier structure was named as a deterrent. Cr Ludlow said that Council's setting of fees at the maximum level was aimed at having no rates support of the liquor licensing process. His Worship the Mayor upheld Cr Boniface's Point of Order raised earlier and said Council could not reopen issues from the minutes, Council could only approve the minutes at this time. The motion, now being put was RESOLVED in the affirmative. 06 5. MINUTES OF THE EXTRAORDINARY MEETING OF COUNCIL HELD ON 19 MARCH 2015 Moved Cr Abbott, seconded Cr Ludlow and RESOLVED that the minutes be approved. 6. MINUTES OF THE EXTRAORDINARY MEETING OF COUNCIL HELD ON 23 MARCH 2015 Moved Cr Thomas, seconded Cr Kett and RESOLVED that the minutes be approved. 7. MINUTES OF THE MEETING OF THE BLUFF COMMUNITY BOARD HELD ON 9 MARCH 2015 Cr Lewis said the Tour of Inspection was held yesterday which was very successful. Moved Cr Esler, seconded Cr Lewis and RESOLVED that the minutes be received. 8. MINUTES OF COMMITTEES 8.1 Community Services Committee 16 March 2015 Cr Abbott said with regard to Item 2.1.5, he invited all Councillors to put any ideas forward with regard to Housing Care. After all the ideas were collated a presentation would be made to Council on this matter. He said this would take place within the next six weeks. Moved Cr Abbott, seconded Cr Kett and RESOLVED that the minutes be approved. 8.2 Regulatory Services Committee 17 March 2015 Moved Cr Ludlow, seconded Cr Dennis and RESOLVED that the minutes be approved. 8.3 Infrastructure and Services Committee 23 March 2015 Moved Cr Dennis, seconded Cr Esler and RESOLVED that the minutes be approved. 8.4 Finance and Policy Committee 24 March 2015 Moved Cr Boniface, seconded Cr Abbott that the minutes be approved. Cr Pottinger said with regard to Item 7.3.3, he wanted confirmation as to whether Invercargill Venue and Events Management Limited intended to employ more staff in administration for the management of Rugby Park. 07 Cr Boniface said the three Directors of the Invercargill Venue and Events Management Limited Board had not discussed this matter because Council had not made a decision on it. Mr Johnston said there were several conditions attached to the Council's resolution and all parties needed to meet to discuss the conditions that involved them, so not all parties had reached the point where Council would take control of Rugby Park. He said he hoped to have it completed in the next couple of weeks. The motion, now being put, was RESOLVED in the affirmative. 9. REPORT OF THE CHIEF EXECUTIVE The report had been circulated. 9.1 Amendment to Standing Orders Mr King took the meeting through the report. Cr Pottinger outlined the process of setting up the audio link for Council. Moved Cr Ludlow, seconded Cr Arnold and RESOLVED that Standing Orders be amended to provide that elected members may attend any meeting of the Council by audio link or audio visual link in accordance with Clause 25A(1) of the 7th Schedule to the Local Government Act 2002. 10. REPORT OF THE DIRECTOR OF WORKS AND SERVICES The report had been circulated. 10.1 Inner City Rejuvenation − Next Stages Mr Pearson took the meeting through the report. Moved Cr Boniface, seconded Cr Ludlow and RESOLVED that the Council approves the preparation of preliminary design work for the Kelvin and Esk Street areas and that these designs are reported back to Council for consultation prior to any public consultation being undertaken. 11. REPORT OF THE DIRECTOR OF ENVIRONMENTAL AND PLANNING SERVICES The report had been circulated. 11.1 Gambling Policy Review Cr Ludlow took the meeting through the report. Moved Cr Ludlow, seconded Cr Abbott that the report be received. 08 In response to a question by Cr Boniface as to whether all stakeholders had been engaged in the Gambling Policy review, because he was concerned that not all stakeholders or interested parties were invited to the previous review process. Miss Graber said she had invited all stakeholders, interested parties and public meetings would be carried out to gauge feedback on how it affected everybody. In response to a question by Cr Dennis as to whether this process included Lotto sales, the TAB and everything pertaining to gambling. Miss Graber said it included the TAB and the gaming machines but not Lotto sales. She said the way the Gambling Policy worked was that it only covered the TAB and there was only one Policy which was divided in two. One was specifically for TAB and one was for establishments with gaming machines. In response to a question by His Worship the Mayor as to whether there was a way that the Policy could include the sector of people gambling online and Lotto sales. Miss Graber said it was not under local government authority, it was under central government authority. Council could report a problem but it would need to be reported to central government and the Department of Internal Affairs would undertake its own investigations. The motion, now being put, was RESOLVED in the affirmative. 12. REPORT OF THE DIRECTOR OF FINANCE AND CORPORATE SERVICES The report had been circulated. 12.1 Representation Review Moved Cr Amundsen, seconded Cr Abbott and RESOLVED that the report be received. 12.2 Activity Financial Statements Moved Cr Boniface, seconded Cr Kett and RESOLVED that the attached Appendix I be adopted as supporting information for the Long Term Plan Consultation Document, subject to final audit review. 12.3 Audit and Risk Committee Work Programme for 2015 Moved Cr Lewis, seconded Cr Ludlow that the report be received; AND THAT The Terms of the Audit and Risk Committee be amended as noted and that the Audit and Risk Committee be delegated authority to appoint an independent member to the Committee. In response to questions, the following answers were given: • There are people in the community who are totally independent of Council and who are highly skilled from various organisations around Southland. We have the option of putting expressions of interest out and the other option • is to recommend some good internal auditors in Southland who are not conflicted to Council in any way. 09 This recommendation means that the Committee could call for nominations and then go through the process of appointing someone who was independent of Council and not necessarily independent of the Committee. The motion, now being put, was RESOLVED in the affirmative. 13. REPORT BY COUNCILLOR KAREN ARNOLD The report had been circulated. 13.1 Emergency Accommodation Cr Arnold took the meeting through the report. In response to questions, the following answers were given: • I can't speak on behalf of the Breathing Space Trust or Salvation Army but from discussions, this is very much a one year trial because nobody knows if it will work or how it will work. I don't know what funding has been received for the project but I do know that Council had made a $20,000 contribution towards it. • I will contact Mr Wood from Breathing Space Trust to get a copy of the delivery model and make it available to Councillors. Moved Cr Arnold, seconded His Worship the Mayor and RESOLVED that the report be received. 14. REPORT BY COUNCILLOR PETER KETT The report had been circulated. 14.1 Events Committee Grant Moved Cr Kett, seconded Cr Ludlow and RESOLVED that the report be received. 15. REPORT OF HIS WORSHIP THE MAYOR The report was tabled and His Worship the Mayor took the meeting through it. In response to a question from His Worship the Mayor as to what the costs were for the water reticulation system in Southland. Mr King said the water supply for Southland was around $330.00 per person per annum and around 90 cents per day of unlimited supply of very good water. He said that was in comparison to buying a 1.5 litre of bottled water at the supermarket. Moved His Worship the Mayor, seconded Cr Ludlow and RESOLVED that the report be received. Moved His Worship the Mayor, seconded Cr Thomas and RESOLVED that the two supplementary items with regard to Unbalanced Budget and Submissions to the Proposals for Regulations under the Food Act 2014 be taken under Urgent Business. 10 16. URGENT BUSINESS 16.1 Report of the Director of Finance and Corporate Services 16.1 .1 Unbalanced Budget The report was tabled and Mr Johnston took the meeting through it. Moved Cr Boniface, seconded Cr Ludlow and RESOLVED that the unbalanced budget proposal in the Draft Long Term Plan is considered by Council to be prudent in the circumstances of Council's current financial situation; AND THAT The Director of Finance and Corporate Services be authorised to include a statement within the Financial Strategy disclosing that there is an unbalanced budget and the reasons for it; AND THAT The Consultation Document includes the statement contained within the body of this report to disclose the unbalanced budget and reasons for it. 16.2 Report of the Director of Environmental and Planning Services 16.2.1 Submissions to the Proposals for Regulations under the Food Act 2014 The report was tabled. Moved His Worship the Mayor, seconded Cr Ludlow and RESOLVED that the Council endorses the submission lodged with the Ministry of Primary Industries. 17. COUNCIL IN PUBLIC EXCLUDED SESSION Moved His Worship the Mayor, seconded Cr Ludlow and RESOLVED that the public be excluded from the following parts of the proceedings of this meeting, namely: (a) (b) (c) (d) (e) Confirming of Minutes of the Public Excluded Session of Council 24 February 2015 Confirming of Extraordinary Minutes of Public Excluded Session of Council 19 March 2015 Confirming of Minutes of the Public Excluded Session of the Regulatory Services Committee 17 March 2015 Confirming of Minutes of the Public Excluded Session of the Finance and Policy Committee 24 March 2015 Report of the Chief Executive The general subject 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(1)(d) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows: 11 General subject of each matter to be considered Reason for passing this resolution in relation to each matter under Ground(s) Section 48(1) for the this passing of resolution (a) Confirming of Minutes − Council 24 February 2015 Enable local any authority holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) Section 7(2)(i) (b) Confirming Minutes − Extraordinary Council 19 March 2015 Enable local any authority holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) Section 7(2)(i) (c) Confirming Minutes − Regulatory Services Committee 17 March 2015 Enable local any authority holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) Section 7(2)(i) (d) Confirming Minutes − Finance and Policy 24 March 2015 Enable local any authority holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) Section 7(2)(1) (e) Report of the Chief Executive Enable local any authority holding the information to carry on, prejudice or without disadvantage, negotiations (including commercial and industrial negotiations) Section 7(2)(1) ********** 12 MINUTES OF A MEETING OF THE BLUFF COMMUNITY BOARD HELD IN THE BLUFF MUNICIPAL CHAMBERS, GORE STREET, BLUFF ON MONDAY 13 APRIL 2015 AT 7.00 PM PRESENT: Mr R Fife (Chair) Mrs W Glassey Mrs G Henderson M G A Laidlaw Mrs P Young Cr I L Esler IN ATTENDANCE: His Worship the Mayor, Mr T R Shadbolt Mr R Pagan − Manager Parks and Reserves Mrs N Allan − Service Centre Manager Mr L Beer − Bluff Publicity/Promotions Officer Ms L Kuresa − Committee Secretary APOLOGY Nil. 2. NOTIFICATION OF URGENT ITEMS Moved R Fife, seconded Cr Esler and RESOLVED that the matter with regard to a presentation by Mr Evan Pennial to update the Board on the Bluff Oyster Festival 2015 and the Club Hotel, be taken under Urgent Business in Public Excluded Session. 3. PUBLIC FORUM Nil. 4. MINUTES OF THE MEETING HELD ON 9 MARCH 2015 Moved G Henderson, seconded W Glassey and RESOLVED that the minutes be accepted as a true and correct record. 5. MATTERS ARISING 5.1 Historic Places Trust The Chairperson informed the meeting that Cr Esler had a letter with regard to this matter which he would present to the Board under the "Chairman's Report". 5.2 Bluff Water Supply The Chairperson said Mr Murray was to speak to this matter at tonight's meeting, but he had already informed the Board at the Tour of Inspection that he was no further ahead on this matter due to a change−over of personnel. It was a matter of work in progress which would be monitored closely. 13 5.3 Community Board Conference The Chairperson said the Board would need to discuss who would be attending this Conference so that all necessary arrangements could be made. 5.4 Maritime Museum Open Day The Chairperson said that the Maritime Museum Open Day was not postponed to a date in October/November. A date would be confirmed closer to the time. 6. REPORT OF THE BLUFF PUBLICITY/PROMOTIONS OFFICER The report had been circulated and Mr Beer took the meeting through it. 6.1 Bluff Heritage Day — Sunday 15 March 6.2 Japanese Film Crew 6.3 Bluff Oyster and Food Festival —23 May 2015 6.4 Bluff Family Gala Week − Saturday 18 and Sunday 19 April 6.5 Brochures Moved W Glassey, seconded G Laidlaw that the report be received. • The usual Southland nature is leaving the purchase of tickets to events to the last minute. Tickets for the train rides are okay but not brilliant but it's definitely going ahead. There is a push to sell tickets this week. • Gavin Martin and Cherie Chapman's new venture is an interactive−type display that's designed to be a quirky representation of all things Bluff. The motion, now being put, was RESOLVED in the affirmative. 7. REPORT OF THE DIRECTOR OF WORKS AND SERVICES The reports had been circulated and Mr Pagan took the meeting through them. 7.1 Bluff Tour of Inspection Moved G Henderson, seconded P Young that Items 7.1, 7.2 and 7.3 be received together. In response to questions, the following answers were given: • There has always been a yellow AA finger sign going to the Pilot Station and South Port. far as I know there are rubbish drums at the cemetery but I will check on As • that. 14 7.2 Bluff Cemetery In response to questions, the following answers were given: • We don't do stump grinding because of the amount of rocks in there. • The next plan is to contain the area where the trees have been taken out and cleared and spray it. There is a bit of rock there so we will be a much more pleasing background at the cemetery with the natural rock and stumps that are there at present. It will look better than it is at present. • If you planted natives there it could enhance the area with a backdrop. I wouldn't recommend it going into exotic trees and as much as anything else, people go there to look at old graves, see relatives graves and for the view itself. There's a new group that's been set up to look at the Eastern Cemetery. The • group is looking at getting funding to tidy up old headstones to preserve the history, so that could be a project that a group in Bluff could look at doing for the Bluff Cemetery. 7.3 Bluff Skateboard Park Land The Board discussed this matter and agreed that the land was used extensively and it was an important part of Buff. The Board agreed to include in its submission to the Invercargill City Council Long Term Plan for the Council to purchase this land. The motion, now being put was RESOLVED in the affirmative. 8. CHAIRMAN'S REPORT The report was tabled and the Chairman took the meeting through it. 8.1 Tour of Inspection The Chairperson said the Bluff Tour of Inspection was held 30 March, which was a success. He took the meeting through some key matters which were included in the Tour of Inspection report that needed to be looked at going forward. He thanked everybody for their attendance and input. 8.2 Anzac Day Parade The Chairperson said the Board had received an invitation from the RSA to attend the Anzac Day Parade, which would be held Saturday 25 April at 11.00 am. The Board would lay a wreath at the Cenotaph. 8.3 Invercargill City Council Long Term Plan The Chairperson said the Board would schedule a Workshop to discuss matters to be included in its submission to the Invercargill City Council Long Term Plan. 8.4 Councillor Lloyd Esler Letter for Discussion Cr Esler tabled a report on various matters and took the meeting through it, copies of which are available from Secretarial Services. 15 The Board discussed having somebody to handout the plaques to people who complete the track and it was agreed that Members would discuss this matter further to see who would be available to do so. With regard to how people could be taken back to Invercargill after completing the Te Araroa track, the Board was unsure what could be put in place. The Chairperson said with regard to the dangerous walk along the roadside from Awarua onwards, that issue was included in the Board's submission to Council's Long Term Plan last year and it would again be part of its submission this year. The Board needed to push this issue so that the walkway could be up and running again. The Board also agreed that historic buildings was a difficult area, particularly after the Christchurch Earthquake. Cr Esler said he would investigate this area further in relation to historic buildings and speak to Mrs Gare about it. The Chairperson thanked Cr Esler for his report and said that the Board he would work closely with him on the matters raised in his report. 8.5 Christmas Tree W Glassey said when she first arrived in Bluff in 1995, there was a lovely big Christmas tree which was lit every year before Christmas, but after a couple of years it was not put up anymore. She said at the beginning of her term as a Board Member a comment was made by a Bluff resident that Bluff should have a Christmas tree. She asked Mr Pagan of the whereabouts of the Christmas tree as she was investigating a Santa Parade being held in Bluff this year and it would be great to have a Christmas tree in Bluff again. R Pagan said he was not aware of a Christmas tree in Bluff in previous years, but he would investigate it further and report back to a future Board meeting. The Board discussed the matter further and agreed it was a great idea. The Board agreed that W Glassey would investigate this project further with the assistance of Mr Pagan, including lighting to get it on track for this year. Moved R Fife, seconded P Young and RESOLVED that the report be received. 9. FINANCIAL STATEMENTS The report had been circulated. Moved G Henderson, seconded W Glassey and RESOLVED that the report be received. 10. URGENT BUSINESS Nil. 16 11. PUBLIC EXCLUDED SESSION Moved W Glassey, seconded P Young and RESOLVED that the public be excluded from the following parts of the proceedings of this meeting, with the exception of Mr Beer and Mr Pagan, namely: Presentation by Evan Pennial The general subject 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 (1)(d) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows: General subject of each matter be matter to considered Reason for passing this resolution in relation to each matter Ground(s) under Section 48(1) for the of this passing resolution Bluff Update on Oyster Festival 2015 and Club Hotel To enable any local authority holding the information to carry on, without prejudice or disadvantage, negotiations (including and commercial industrial negotiations) Section 7(2)(i) ********** 1? 18 MINUTES OF THE EXTRAORDINARY MEETING OF THE INVERCARGILL CITY COUNCIL HELD IN THE COUNCIL CHAMBER, FIRST FLOOR, CIVIC ADMINISTRATION BUILDING, 101 ESK STREET, INVERCARGILL ON FRIDAY 24 APRIL 2015 AT 9.00 AM PRESENT: His Worship the Mayor Mr T R Shadbolt Cr 0 J Ludlow (Deputy Mayor) Cr R R Amundsen Cr K F Arnold Cr N D Boniface Cr A G Dennis Cr N J Elder Cr I L Esler CrPWKett C r C D Lewis Cr I R Pottinger Cr G J Sycamore Cr L S Thomas IN ATTENDANCE: Mr R W King − Chief Executive Officer Mr C A McIntosh − Director of Works and Services Mr D J Johnston − Director of Finance and Corporate Services Ms E Harris − Communications and Secretarial Services Manager Mrs M Short − Manager Strategy and Policy Mr R Pearson − Roading Manager Mr R Pagan − Manager Parks and Reserves Mr R Lothian − Audit New Zealand Ms L Kuresa − Committee Secretary APOLOGIES Cr R L Abbott. Moved Cr Ludlow, seconded Cr Sycamore and RESOLVED that the apology be accepted. 2. SUPPLEMENTARY REPORT OF SERVICES THE DIRECTOR OF WORKS AND The report was tabled and Mrs Short took the meeting through it. 2.1 Asset Management Plans Moved His Worship the Mayor, seconded Cr Boniface and RESOLVED that the Asset Management Plans be adopted. 3. REPORT OF THE CHIEF EXECUTIVE An updated copy of the Long Term Plan 2015−25 Consultation Document plus Appendix 1 and 2 were tabled. 19 3.1 Adoption of the Long−Term Plan 2015−25 Consultation Document and Supporting Documents. Mr Ian Lothian from Audit New Zealand took the meeting through the Audit New Zealand report. Moved His Worship the Mayor, seconded Cr Boniface that Council: Adopt the Financial Strategy and Infrastructure Strategy; AND Decsio i n−mathe kn i g Development of Maori Capacity to Contribute to Council Adopt Processes and the Statements on Variation between the Long Term Plan and Assessment of Water and Sanitary Services and Waste Management Plan as supporting documentation; AND Note that the list of supporting information contained within the body of the report will be provided on the website as supporting information; AND Adopt the Consultation Document for the 2015−25 Long Term Plan; AND Note that Council's auditors, Audit New Zealand, will issue their audit report following the adoption of the Consultation Document; AND Approve the process for consultation outlined in this report. Cr Boniface said this had been a long drawn out process and he congratulated the Auditors working in association with Council staff in the producing of this document. He took the meeting through some highlights set out in the Consultation Document as well as some matters of concern for Council. He was happy for the document to be put out for public consultation. Mr King said this was carried out through a new process and in order to satisfy the requirements of the legislation it had been a complex exercise. He thanked Mr Lothian and Audit New Zealand for going above and beyond. It had been a learning experience for Council and even though the process had been delayed, Council would have right for the next three years. The motion, now being put, was RESOLVED in the affirmative. There being no further business, the meeting finished at 9.15 am. 20 MINUTES OF A MEETING OF THE INFRASTRUCTURE AND SERVICES COMMITTEE HELD IN THE COUNCIL CHAMBER, FIRST FLOOR, CIVIC ADMINISTRATION BUILDING, 101 ESK STREET, INVERCARGILL ON TUESDAY 28 APRIL 2015 AT 4.00 PM PRESENT: His Worship the Mayor Mr T R Shadboit Cr L S Thomas − Chairperson Cr I R Pottinger − Deputy Chairperson Cr K F Arnold C r A G Dennis CrPWKett IN ATTENDANCE: Mr C A McIntosh − Director of Works and Services Mr R Pearson − Roading Manager Mr R Pagan − Parks Manager Mr P Homer − Building Assets Manager Mr A Murray − Water Manager Mrs M Short − Strategy and Policy Manager Mrs J Paterson − Committee Secretary APOLGIES Cr I L Esler. Moved Cr Kett, Seconded Cr Pottinger and RESOLVED that the apology be accepted. Moved Cr Thomas, Seconded Cr Dennis and RESOLVED that the meeting move into recess while technical issues around recording of the meeting were resolved. Moved Cr Thomas, Seconded Cr Kett and RESOLVED that the meeting moved out of recess and be restarted. 2. PUBLIC FORUM Mrs Margaret Clyma was in attendance to speak on heavy traffic using Fox Street. Mrs Clyma made the following comments: > > > > > Resealing of the road with asphalt has increased the sound. Signage on Dee Street which was to be moved to 600 metres from Fox Street on Dee Street has not been completed yet. Signage around exhaust braking is being ignored. Increased speed of trucks travelling along Fox Street beginning from 7.30am and asks that requests be made to the Police to monitor this. Speed has impacts for: Families with children being safe • of residents to safely reverse from properties onto Fox Street. Ability • Property values on Fox Street are not keeping up with other streets. Damage to property caused by vibration of trucks. Types of trucks using Fox Street including LPG Tankers, mini tankers, log trucks and stock trucks. 21 In response to a question from Cr Boniface on whether Mrs Clyma thought a barrier on the road to slow traffic down would work, Mrs Clyma said no, as this would increase the noise levels, she would rather have an enforced speed limit and would like a 50kph speed zone sign put in place. In response to a question from Cr Pottinger that if the speed issue was solved would it be the volume of traffic that would still be the concern, Mrs Clyma confirmed that yes the volume of traffic was a big concern. In response to a question from Cr Thomas on when the last traffic count was done, Mr Pearson advised that staff were currently doing a traffic count between Liffey Street and Dee Street to look at volumes rather than speed and that other counts had been done over last 12−15 months. In response to Cr Thomas' query on the signage on State Highway 6, Mr Pearson advised that he would follow up on the signage after the meeting. Mr Pearson further advised that the Heavy traffic bypass sign had been moved closer to Fox Street. In response to a question from Cr Thomas regarding the noise created by the smooth road and had this stopped the vibration, Mrs Clyma advised that this had mostly stopped but was starting to come back with the volume of traffic and she felt the ground underneath the road wass not compacted and was subsiding. Mrs Clyma said that the New Zealand Transport Agency advised there wasn't a need for Fox Street to carry heavy traffic and Victoria Avenue could carry all the vehicles and therefore was wondering if the through traffic could to go back to Victoria Avenue which would keep access to the development and would stop sheep trucks and loaded sand and gravel trucks from using Fox Street. In response, Mr Pearson advised that Council continues to seek support from the transport industry to use Victoria Avenue. Each HPMV or overweight permit required them to use Victoria Avenue. Legal trucks at 44 tonnes or under were entitled to drive on any street other than streets which have a ban on them and the only street where a ban is in place was Beatrice Street. Council continued to liaise and encourage the industry to use Victoria Avenue and believed there was a high degree of compliance for local trucking firms and Council continues to follow up with those who don't comply. To remove the other component there would need to be a bylaw change. Mrs Clyma said that the bylaw which was originally proposed would have removed the issue of through traffic and asked if there was a possibility that this could be looked at again and go out for consultation. In response Mrs Short advised that this would have to go through to entire process again because it was turned down by Council and would be a matter of redrafting a bylaw and putting it back out for public consultation, getting feedback and Council making a decision on that. Mrs Clyma said that an issue that was not addressed was that the Roading Bylaw was still running under 1962 Transport Act that never got updated. Cr Thomas thanked Mrs Clyma for her time in addressing the Committee. Moved Cr Thomas, Seconded Cr Pottinger and RESOLVED that a supplementary report from Mr Murray on the proposed Asbestos Cement Watermain Replacement Programme 2015/16 be accepted and addressed by 22 Mr Murray as part of the Monitoring of Service Performance section of the meeting. 3. MONITORING OF SERVICE PERFORMANCE The report had been circulated. 3.1 Levels of Service 3.1.1 Parks and Reserves 3.1.2 Public Toilets 3.1.3 Roading 3.1.4 Sewerage 3.1.5 Solid Waste Management 3.1.6 Stormwater 3.1.7 Water Supply Activity Mr Murray took the meeting through the supplementary report and advised that a further report would be supplied at the June meeting once tenders had been received for the work. In response to a question from Cr Boniface on the testing of the asbestos pipes and the process to determine the level of deterioration and replacement of pipes in particular areas such as Lamond Street east, Mr Murray acknowledged that there was a need to do more condition monitoring and the proposed 2015/16 year programme had been compiled with knowledge of known failures of pipes and plan to further develop the knowledge of the local network with further sampling. There may be other predictive methodologies that could be used which don't involve taking samples of pipe such as the use of probes to try to better gauge the condition of buried pipes. Mr Murray further advised that preliminary checking with colleagues in the water industry shows that Invercargill was typical of other areas in New Zealand using asbestos cement pipe. Cr Boniface further asked that following the tests, how the decision was made to determine which pipes would need to be replaced immediately. In response, Mr Murray advised the samples were taken to be representative of the whole main and had been taken along the whole street. The programme for the 15/16 year was not totally reliant on sampling and the condition rating needed further work in the coming years to justify inclusion in the proposed plan and the programme may alter as more information came to hand. Mr McIntosh commented that staff were optimising the work programme for next year and respectfully noted that while the budget wasn't approved yet, they wanted to get a head start on talking with contractors. The work programme had been developed with an understanding of which were the most strategically important pipes that were known about, such as the Airport (as part of the upgrade), Kew Road and other areas where sampling had been overlaid with burst history. 23 Staff were faced with the reality that they were unable to do as much as they would like to do and would be looking at how to optimise the work to obtain the most effect. Other work being undertaken such as roading and footpaths would also be taken into account. Moved Cr Pottinger, Seconded Cr Dennis and RESOLVED that the report be received. 4. MONITORING OF FINANCIAL PERFORMANCE The report had been circulated. 4.1 Drainage 4.2 Parks 4.3 Roading 4.4 Solid Waste 4.5 Water 4.6 Financial Summary Moved Cr Kett, seconded Cr Dennis and RESOLVED that the report be received. 5. OTHER BUSINESS 5.1 Report of the Director of Works and Services The reports had been circulated. 5.1.1 Amendment to Queens Park Management Plan Mr Pagan took the meeting through the report and made the following comments: The report gives an update and timeframe on consultation for amendment to the management plan to allow for the building of the house for the Kakapo and Tuatara. There may be a need for a special Infrastructure and Services meeting to hear submissions which close on 8 May which could take place two weeks after this date. The next scheduled Infrastructure and Services meeting is on 8 June with the Council meeting being on 16 June. In response to a question from Cr Arnold on whether the submission documents were available online, Mr Pagan advised that they were available on Council's website as well as from the Library, Civic Administration Building and Parks Office. In response to a question from Cr Pottinger on whether the consultation would free up the land for any use, Mr Pagan advised that the consultation was for a particular development that had been proposed. Mr Pagan advised that the 24 proposal was separate to the Museum redevelopment, so there was no need to alter current boundaries and was for the display of animals and birds. The management plan currently allowed this, however because it was a major development removing a large number of trees it was important that the public, via the management plan, have a say. Mr McIntosh advised that for clarity, these submissions would only be to do with the reserve plan for Queens Park and not any other element of the proposal. A copy of the consultation document would be provided to the next Council meeting for approval to go out for public consultation. In response to a question from His Worship on whether the new caravan would be used, Mrs Short advised that the caravan would be used for this and for the Long Term Plan consultation as well and she would be setting a timetable for circulation to Councillors who could then attend any consultation session that they wished. In response to a question from His Worship that if during the submission process a better site was identified would this then require another process, Mr Pagan advised that the process would start again as this was a particular site for a specific development. Cr Thomas requested clarification on who the applicant was for the project at the Council meeting of 5 May. Moved Cr Thomas, seconded His Worship The Mayor and RESOLVED that the report be received. 5.1.2 New Fire Tanker Mr Pagan took the meeting through the report. In response to a question from Cr Kett on who bears costs, Mr Pagan advised that the three Territorial Local Authorities, Department of Conservation and Forest Owners all contribute. Capital replacements are taken out of a replacement fund and also subsidised by Central Government. The previous machine was going to Wyndham to replace the ageing one there. Vehicles were sent from high use to low use areas to obtain maximum use of them. In response to Cr Kett's question on how much Council contributed annually, Mr Pagan advised that the amount had been approved in the budget and was approximately $50,000. In response to a question from His Worship if the forests owned by Council contributed, Mr Pagan advised that contributions came from the commercial forests and Sandy Point Forest. Moved Cr Dennis, seconded Cr Kett and RESOLVED that the report be received. 5.1.3 Invercargill Cenotaph and Anzac Day Preparation Mr Pagan took the meeting through the report. Moved Cr Thomas, seconded Cr Pottinger and RESOLVED that the report be received. 25 5.1.4 2015−2018 National Land Transport Programme Mr Pearson took the meeting through the report. Note: Cr Amundsen left the meeting at 5.00 pm. In response to a question from Cr Boniface on indicative funding for three years, Mr Pearson advised that what had been proposed by New Zealand Transport Agency was that the amount of funding that Council had requested will be 1% less than asked for over the next three years but the funding assistance rates for this subsidy (being 60% next year, 59% the following year and 58% for the year after that). Staff would need to see where this lined up with current budgets for the next three years of the Long Term Plan. Moved Cr Pottinger, seconded Cr Kett and RESOLVED that the report be received. 5.1.5 Update on Branxholme Upgrade Project Mr Murray took the meeting through the report. Cr Boniface advised on a meeting with the Auditors around carry forward figure amounts and completing work in the year funds were allocated for. He asked if Council had the resources to do the work for water and other projects going forward to ensure that that the budgeted programme could be delivered. In response Mr Murray advised in respect of the Branxholme upgrade there had only been a budget for this current financial year. A report went to Council in February of last year requesting to defer the emergency water supply and carry forward the monies that were scheduled for equipment replacement at Branxholme to use these to fund the overall improvement of the Water Treatment Plant. Currently the preliminary design had been done, and would be subject to a final detail design before going out for construction tender. Prior to this, a trial was conducted to look at reutilising current infrastructure so as to make some major cost savings namely the reinforced concrete cells which hold the filter media. Before engaging in this trial, earthquake testing on that infrastructure was also undertaken. The trial, using a new filter media, was undertaken for three months to see if it would work. As a result, in respect to expenditure, this current year's budget would not be fully expended thus requiring a carry forward budget into the 2015/16 year. Mr Murray provided an update around the project on the strengthening of the Water Tower, advising that staff were waiting for legislation to become enacted before committing funds. Other projects included the asbestos cement mains, as previously discussed. Other factors that could influence progress of projects included resource in the contracting industry to be able to complete work on time. In response to a comment from Cr Boniface on planning delivery of works programmes, Mr McIntosh advised Mr Keen, as part of his role would be working to see that the project was delivered and that a further $150,000 would be expended by the end of the year. Mr McIntosh advised that there were other projects that would span multiple years because of their size. Mr McIntosh also advised that during the long term plan process it had been identified that there would be a significant increase in work with drainage and water and weekly management production meetings were now taking place. 26 In response to a question from Cr Pottinger on the Branxholme project and once completed where would Invercargill rank nationally providing quality A l water, Mr Murray advised that grading was less prominent and it was now becoming about demonstrating compliance with drinking water standards. The city's water Past did not always comply with national drinking water standards. transgressions had been sufficiently minor and consultation with the water assessor takes place who makes a decision on what to do. There were a number of cities not compliant and once this project was completed the aim was to be fully compliant and would be in−line with most other cities such as Auckland and Wellington. In response to a question from Cr Arnold as to whether costs of Branxholme works fell on people receiving the water or across all ratepayers, Mr McIntosh advised that the cost was only on people connected to the water supply, or served by the network. Moved Cr Kett, seconded Cr Dennis and RESOLVED that the report be received. 6. URGENT BUSINESS Nil. There being no further business, the meeting finished at 5.25 pm. 27 28 TO: COUNCIL FROM: COUNCILLOR IAN POTTINGER MEETING DATE: TUESDAY 5 MAY 2015 USE OF CAPITAL BY INVERCARGILL CITY HOLDINGS LIMITED Report Prepared by: Cr I R Pottinger SUMMARY This is a report by Councillor Pottinger on the use of capital by ICHL raised from the issue of 32350,000 shares on December 2, 2014. RECOMMENDATIONS That the report be received; AND That Council passes a resolution seeking advice from Simpson Grierson on the questions included with in this report; AND That this advice be brought to Council at its next meeting. BACKGROUND On 16 April 2015, Invercargill City Holdings Limited (ICHL) presented to Council a brief from each of its subsidiary companies outlining their projected three year business plans. The report from Electricity Invercargill Limited (EIL) announced that it had entered into a joint venture partnership called Southern Generation. (This information later featured in a Southland Times article on April 24 announcing that EIL had invested in alternative energy wind farms) Following the EIL report questions were then sought by the ICHL Chair and the following information was forthcoming: (1) (2) That the extra 3% share holding (approximate) in OtagoNet recently purchased by EIL had been sold back to the Power Company for the original purchase price of $9.5 million. That the financing of the Southern Generation investment came from the $9.5 million made available from the sale of the fore mentioned OtagoNet shares. 29 THE REASON FOR THIS REPORT Last year Council undertook public consultation in regards to increasing the uncalled capital offered to ICHL and the details regarding the use of the increase in funding were stated very clearly in those consultation documents. One of the listed funding requirements was for an additional $9.5 million of OtagoNet shares. I have real concern that this new investment in Southern Generation is contrary to the Invercargill City Council resolution on December 2, 2014, which authorised the $9.5 million as part of the additional $32,350,000 in uncalled capital for ICHL. Following the consultation Council approved Option 2, one of three options consulted on. Option 2 in the revised consultation document stated that the additional $32.35 million would secure funding for investments that had already been specifically approved by Council, that is $13.5 million for the airport and $9.5 million for OtagoNet, with the difference being a buffer requested by the bank. Option 3 asked the council to indicate a willingness to extend the uncalled capital in further potential investments, such as smart meters and alternative energy JVs. Councils 2 December 2014 resolution rejected option 3. The ICHL Board resolution included in the 2 December 2014 Council minutes states at paragraph "A" that the Board wishes to issue $32.35 million in uncalled shares: "To provide support for bank borrowings by the company to finance investments by the company that have been approved by Council." Council has not approved EIL's alternative energy investment in Southern Generation. I am very concerned that this undermines the credibility of Council. We made a decision based on telling the public that the uncalled share capital would not be used to support alternative energy investments by EIL, but that is what has happened. I am also concerned about the legality of the situation. I request that Council obtain advice from Simpson Grierson on the implications of the situation for Council on the following (1) (2) (3) Is the Southern Generation investment inconsistent with or contrary to Council's 2 December 2014 resolution and ICHL's board resolution; If it is, what are the legal implications for Council and ICHL; and What are the Council's options to resolve the situation? Attached for reference are the resolutions from the minutes of the Extraordinary Council Meeting 2 December 2014 and the Southland Times article on the Southern Generation JV. 30 MINUTES OF THE RECONVENED EXTRAORDINARY MEETING OF THE INVERCARGILL CITY COUNCIL (21 OCTOBER 2014), HELD IN THE COUNCIL CHAMBER, FIRST FLOOR, CIVIC ADMINISTRATION BUILDING, 101 ESK STREET, INVERCARGILL ON TUESDAY 2 DECEMBER 2014 AT 5.00 PM PRESENT: His Worship the Mayor Mr I R Shadbolt Cr D J Ludlow (Deputy Mayor) C r R LAbbott Cr R R Amundsen Cr K F Arnold Cr N D Boniface Cr I L Esler CrPWKett Cr G D Lewis Cr I R Pottinger Cr G J Sycamore Cr L S Thomas IN ATTENDANCE: Mr R W King − Chief Executive Mr D J Johnston − Director of Finance and Corporate Services Ms E Harris − Communications and Secretarial Services Manager Ms L Kuresa − Committee Secretary APOLOGIES Cr A G Dennis. Councillors Sycamore, Thomas, Ludlow and Boniface declared a conflict of interest and withdrew from the table. Moved His Worship the Mayor, seconded Cr Abbott and RESOLVED that the apologies be accepted. 2. RESUMPTION OF CONSIDERATION OF THE UNCALLED SHAREHOLDING PROPOSAL ITEM FROM THE ADJOURNED EXTRAORDINARY MEETING OF 21 OCTOBER 2014, FOLLOWING FURTHER CONSULTATION HAVING TAKEN PLACE Moved His Worship the Mayor, seconded Cr Lewis that the Council adopts the following resolutions: Notes that Invercargill City Holdings Limited (ICHL) has presented it with an offer for the issue of 32,350,000 ordinary shares (Shares) to Council for an issue consideration of $1.00 per share on the terms of an ICHL Board resolution dated [date]; 2. Notes that ICHL wishes to issue the Shares to provide support for bank borrowings by the Company to finance investments by ICHL that have already been approved. 3. Notes that ICHL requires the approval and acceptance of the Council before it may issue the Shares; 31 4. Notes that the Council has carried out consultation for the purposes of section 78 of the Local Government Act 2002 (LGA 02) on increasing its holding of unpaid shares in ICHL from its existing holding of 67,650,000 shares to an amount of up to 200,000,000 unpaid shares, and this consultation covered the Shares and the potential issue of further unpaid shares to support other investments by ICHL from time to time approved; 5. Notes that ICHL has since notified the Council that it is presently only seeking to issue the Shares, and does not propose to issue any part of the balance of unpaid shares consulted upon until appropriate investments require this; 6. Notes that ICHL has also advised that its anticipated future investment amount has reduced by $70,000,000, and that it currently anticipates a future further request to issue up to 30,000,000 unpaid shares when appropriate investment opportunities arise; 7. Notes that ICHL also now seeks an indication as to whether the Council might be willing to consider an extension of its uncalled capital support in the future in relation to certain investments (alternative energy joint ventures and smart meters) that were identified in the original request and the consultation materials; 8. Determines, in accordance with its discretion under section 79 of the LGA 02, that the Council's reasonably practicable options under section 77 of the LGA 02 are: Option I Status Quo. No further shares are taken up and the contingent liability remains at $67,650,000. Option 2 − A further 32,350,000 shares are taken up at $1.00 each. This will increase Council's contingent liability to $100,000,000. Also, Council determines that it is not willing to consider an extension of its uncalled capital support in the future for investments concerning alternative energy joint ventures and smart meters. Option 3 A further 32,350,000 shares are taken up at $1.00 each. This will increase Council's contingent liability to $100,000,000. Also, Council determines that it is willing to consider an extension of its uncalled capital support in the future for investments concerning alternative energy joint ventures and smart meters. 9. Determines, in accordance with its discretion under section 79 of the LGA 02, that the discussion of the options, albeit in a somewhat modified form, in the consultation materials is sufficient for the purposes of sections 77 and 78 of the LGA 02; 10. Approves Option 2, [and accordingly approves and accepts the issue of the Shares]; 11. Agrees that giving approval of Option 2 will ensure prudent management of the Council's investments in a manner that promotes the current and future interests of the community, in 32 accordance with section 101 (1) of the Local Government Act 2002; and 12. Agrees that the Council shall sign a written resolution as shareholder of ICHL accordingly and authorises the Mayor to sign such a written resolution on behalf of the Council and to sign an acceptance of the offer of the Shares on behalf of the Council. 13. The Council is making a decision acknowledges it is making inconsistent decision (s80 LGA2002) as identified in the consultation document adopted by Council as its meeting 23 September 2014 for consultation purposes under the heading "Inconsistency of Council's Proposal with its financial strategy" and for reasons set out under that heading, that it will amend its Long Term Plan 2012 − 2025 as set out under the heading "Securities Borrowing" and it will include reference to the implications of the potential liability in its 2015 − 2025 Long Term Plan as set out under the heading "Limits on Rates and Borrowing". INVERCARGILL CITY HOLDINGS LIMITED (Company) SHAREHOLDERS' RESOLUTION REGARDING ISSUE OF SHARES Special resolution as required pursuant to clause 2.1.2 of the Company's Constitution, passed in writing pursuant to section 122 of the Companies Act 1993 (Act) and clause 13.3 of the Company's constitution. RESOLUTIONS It is resolved as a special resolution that: The Board is authorised to issue 32,350,000 ordinary shares (Shares). 2. The Board is authorised to issue the Shares for $1.00 per Share. 3. The following terms of issue are approved as the terms of the issue: 2. 3.1 That the shares are ordinary shares ranking pari passu with the existing ordinary shares of the Company and having the rights set out in section 36(1) of the Act; 3.2 That the consideration for the shares be payable upon a call under clause 8 of the Company's constitution, provided that such a call may only be made if required to repay a debt facility the Company has in place to fund investments by the Company, in whole or in part; and 3.3 Calls may be made under clause 3.2 in respect of the whole or a part of the amount unpaid on the shares. ACCEPTANCE OF OFFER AND CONSENT TO HOLDING OF SHARES IN INVERCARGILL CITY HOLDINGS LIMITED 33 INVERCARGILL CITY COUNCIL hereby: Accepts the offer of 32,350,000 ordinary shares (Shares) in INVERCARGILL CITY HOLDINGS LIMITED made to it in the Board resolution of INVERCARGILL CITY HOLDINGS LIMITED dated the day of 2014 on the terms of issue specified in that resolution; 2. Consents to becoming the holder of such shares in terms of section 50 of the Companies Act 1993; and 3. Waives its rights under clause 2.1.3 of the Company's constitution and section 45 of the Companies Act 1993 to receive the offer of the Shares by notice and for the offer to be open for a reasonable time. 3. INVERCARGILL CITY HOLDINGS LIMITED (Company) BOARD RESOLUTION REGARDING ISSUE OF SHARES Resolution in writing pursuant to clause 18.7 of the Company's constitution BACKGROUND A The Board wishes to issue 32,350,000 new ordinary shares to its shareholder, Invercargill City Council (Council), for an issue consideration of $1.00 per share, payable when called in accordance with the terms of issue specified below, to provide support for bank borrowings by the Company to finance investments by the Company that have already been approved by the Council. B The Board has considered a report of the Chief Executive of the Company relating to uncalled capital. The report outlines the benefits to the Company of issuing further uncalled capital to support investments in its subsidiary companies. RESOLUTIONS It is resolved that: 1. 32,350,000 ordinary shares (Shares) in the Company be and are hereby offered for issue to Invercargill City Council for a consideration of $1.00 per Share. 2. The terms on which the Shares are to be issued are: 34 2.1 That the shares are ordinary shares ranking pari passu with the existing ordinary shares of the Company and having the rights set out in section 36(1) of the Companies Act 1993; 2.2 That the consideration for the shares be payable upon a call under clause 8 of the Company's constitution, provided that such a call may only be made if required to repay a debt facility the Company has in place to fund investments by the Company, in whole or in part; and 2.3 Calls may be made under clause 2.2 in respect of all or part of the amount unpaid on the shares. 3. In the opinion of the Board, the consideration for and terms of the issue are fair and reasonable to the Company and to the existing shareholder. 4. The shareholder be requested to approve the issue in accordance with clause 2.1.2 of the Company's constitution. 5. On approval and acceptance of the offer of Shares specified above, the shares be issued in accordance with the terms of issue. 35 Companies look to wind generation M McCUThY lines cTwo om−panieSouthland−based 6 a r e i l P t e L l g lOjopower g e n e r a t i o n ,iftor signing u p to a $30 m o o wind generation investment p r i n e r s h t with Pionu−t Generation. T h e Power C o r n p a n t L t d and Electricity Invercargill Ltd'and Gen−oration Cetitnid (Xssgcsbased Pioneer l t d h a s , fotnisil a wind gere−ratlon invement partner−ship called Southern Generation U d Parin−iwlujo Panasw will hold a 50 per cent stake with cite other 50 p e r c e n t h I d by T h e Power and Elttri,ity Company lnverearilt. P o w e r N e t chiofesi−cutive JiOavsts−met o not F r a s I t l l n s a i d t h e i n S ,othtnn Gecwrtit sot WaS diversi−fied a low−risk strategic and iuvestnunit o l t i t i 0 W * i l e the companle c o t s electricity Urtes businesses T h e psu−Irtership b d a value of a b o u t $ttiim at peaseti represent; ting the ronchwed value if t h e two wind farms itaceioted sills I t For T h e P o w e r Cetitpanv_ it w a s a r e t u r n to power genci−tition a s it hMono−soi a d b le e n involved i n t h e s c h e m e some y e a r s ago. Franklin said Pion−eer, ( n " r a s i c e t was one of task−ing core areas bf expertise. the lceesrn−ieitt a low−risk pasitiern wtii entry elee−tncitvgen−eration for Med.rtctty b e s s coiB and The P u r e r Company. he said. As pact of the tii−insaction, Pioneer sold tOe nine −lw−line Mt Stuart Wind k'a rm. construr−tixi in 2010 n e M 1 t c t n , t o Southera Generation under The ceight−turbine onstruction, Ploneez, Flat hill wind f a r m would Getter−atlas Moo be sold to S o u t h e r n on cutnpls° on, currently scheduled f o r August. Any f u r t h e r development of wind r m s in Southland and Otago will be done In t h e newly Itirmed part−nership The partners said the two wind f a r m s would g e n e r a t e enough electricity to s u p p l y abcliL 50(5) to 6000 houe−eitolda and f i p e d well w i t h i n t h e geographical elec−tricity net−ant−k oupply a r e a s of T h e Power Cioriponv. Electricity Invercargill and Otapoeet The Power Camps no chairman Alan Harp−,r said it was a very s u s t a i n a b l e investment i n an indtitry T h e P o w e r Company w a s a l r e a d y p a r t of, a n d when considered a g a i n s t its total asset invest−ment". base It w a s n o t a 'material invest−Itmenw d a s also a p a s s i v e a s P i o n e e r built, operated a n d m a n a g e d t h e w i n d farm assets, h e said. Pioneer chief executive Preset J o n k t t r s a i l p a r t n e r i n g with aligitol hasoamsic's was important for Picneeoi to − i ca− tdiue to develop and grow i n bnsln.ss, leveraging e x e r i e n i w ottI sore expertise. Wind rnrrg− c m p s t e d very well in t h e run−cot m a r k e t and would : ( r i t i n i e to r e p l a c e the older non −reisewable a n d more e x p e n s i v e sources o f electricity generation, tie said Pioneer, w i t h its h e a d office based to Alexandra, is owned by t h e Central akna Trust 31 TO: COUNCIL FROM: DIRECTOR SERVICES MEETING DATE: TUESDAY 5 MAY 2015 OF FINANCE AND CORPORATE REPRESENTATION REVIEW Report Prepared by: Kari Graber − Planning and Reporting Analyst SUMMARY As part of the Representation Review a brochure has been developed by staff with input from the independent panel assigned to the Representation Review. This booklet will be distributed throughout Invercargill and available at all City Council Locations. The booklet will also be handed out at different events throughout Invercargill and Bluff and when Panel members are out doing consultations with the public. RECOMMENDATIONS The report is received. IMPLICATIONS 1. Has this been provided for in the Long Term Plan/Annual Plan? Yes 2. Is a budget amendment required? No 3. Is this matter significant in terms of Council's Policy on Significance? No 4. Implications in terms of other Council Strategic Documents or Council Policy? Yes 5. Have the views of affected or interested persons been obtained and is any further public consultation required? Yes, further community input is required. FINANCIAL IMPLICATIONS This has been included in the Corporate Planning budget. REPRESENTATION REVIEW Attached is a copy of the brochure that will be distributed. ********* 3? 38 TO: COUNCIL FROM: HIS WORSHIP THE MAYOR, MR T SHADBOLT MEETING DATE: TUESDAY, 5 MAY 2015 MAYOR'S REPORT Report Prepared by: His Worship the Mayor, Mr T Shadbolt SUMMARY List of engagements and current issues. RECOMMENDATION That the report be received. IMPLICATIONS 1. Has this been provided for in the Long Term Plan/Annual Plan? N/A 2. Is a budget amendment required? N/A 3. Is this matter significant in terms of Council's Policy on Significance? N/A 4. Implications in terms of other Council Strategic Documents or Council Policy? N/A 5. Have the views of affected or interested persons been obtained and is any further public consultation required? N/A FINANCIAL IMPLICATIONS N/A ENGAGEMENTS • • • • • • Meeting with Venture Southland Representation Review Te Radar Documentary Sister Cities New Zealand Workshop Sister Cities New Zealand Conference Bluff Community Board Meeting 39 o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o Planning for the Future Workshop Meeting with Dr Natalie Jackson Meeting with Hon Minister Michael Woodhouse Meeting with T Conroy IHCL Meeting 2015 Southland Balance Farm Environment Awards Meeting with Hon Minister Paula Bennett Attend opening of the Opening of Pukeahu National War Memorial Park Bluff Family Gala Weekend Forsyth Barr reception Venture Southland Meeting Southland Civil Defence Emergency Management Group Meeting North Coffee Club Luncheon Invercargill Airport Board Meeting SIT Sinhala and Tamil New Year Celebrations Citizenship Ceremony Meeting with The Southland Times SIT Business Consultative Group Meeting Southland Youth Futures Meeting Chunuk Bair − Open Arts Festival Carol's Farewell Judge Market South bake off Extraordinary Council Meeting Meeting with Dr Christine Jones − Soil ecologist Invercargill ANZAC Service at Dawn Bluff ANZAC Service Workers Memorial Remembrance Day SIT Nepalese Student visit Infrastructure Meeting Woodend Combined Probus Club REPORT Consultation Surely no one can claim that this Council doesn't make a genuine effort to encourage consultation. We are now broadcasting on ICC TV through You Tube. We also have a consultation caravan that will attend major events. Regardless of these initiatives we still get criticised on a regular basis for not consulting enough. The CBD Upgrade is a classic example. Our senior staff, councillors and consultants made a determined effort to engage the community. They opened a shop, had regular public power point presentations and walked around the CBD discussing the issues with stakeholders. Apparently this was not good enough. Encouragement I'm occasionally asked whether or not I feel discouraged by public criticism, defamation proceedings and negative reactions to Mayoral activity, my response is 'not at all'. I regularly receive praise, thanks and recognition which reflects well on the Office of the Mayor. ********** 40 SOU7HLANDWRE 4 Thursday January 8 2015 O U R CO−M−MUNI−TY., O U R PEOPLE N O TICEBOARD Role model retires What Lawrence District Schools 150th Reunion For former pupils/families of Beaumont St Patncks Tuapeka West or Lawrence schools When January 9.11 Contact Phone 03 485 9834 or email [email protected], or phone 03 485 9776, or email [email protected] BYLYNNEHUNT THE woman who has often been the first point of contact for many Southland families affected by Multiple Sclerosis progressive and neuro−logicother al disorders has retired. Mary Burn has spent almost −−−− 25 years as office manager for Multiple Sclerosis, something she has managed alongside her own health issues. "When people came into the office and saw I had a disability myself they seemed to feel more comfortable sharing their concerns with me before con− tact with our field workers," she said. Her 10 years as a member of the society's committee before she became office manager gave her an insight into the office manager's role, she said. "The role was really flexible and I have really enjoyed con− tact with members of the public with many challenges." In 1996 it was "quite an honour" for her to be chosen as a positive role model, from among other people with dis− abilities, to receive a special award on the International Dayi for People with Disabilities. "It was awarded by the Southland disAbilities Reso− What Metropolitan Cricket Club 25th anniversary celebration When January 9 and lo Where Club grounds, Queens Park Contact Logan Savory, 027 904 5726 What Healthtine Free health advice 2417. Free Healthline symptom checker app for Apple IPhones iPads, and online symptom checker Contact Phone 0800 611 116. To view online Health line symptom checker or to download app go to www heatthline govt nz What Winton A,&P Show When Saturday, January 17, from 8 3 0 a m . Grand parade 230pm Where Winton Racecourse − − .. E i i : f l t z r i; I • − ; ________ _________ 4. : ' ...• .. − 1 .. 1. . . . .. , . J. ' ... . ' Retired: Southland Multiple Sclerosis Society office manager Mary Bum at her home just before her retirement last month. urceCentre for the first time that year," Mrs Burn said. Another highlight for her was when Invercargill Mayor Tim Shadbolt took part in the Dancing with the Stars tele− vision series and named the Southland Multiple Sclerosis Society as his charity of choice, "It raised our profile and we PdT ' t 1 i t f had a very successful year financially as a result of that." When asked about her plans for retirement, her reply was considered. "I'm just looking forward to a bit more time to relax, have less stress, take part in hobbies and spend more time with family." I 1 +1 JAMES HARGEST COLLEGE "1, 100 4 I I I Af 42 Photo courtesy of 7 12 JAN 2015 Consulate−General o f the People's Republic o f China in Christchurch 106 Hansons Lane, Christchurch, New Zealand. Tel: (03) 341 8536, Fax: (03) 3418071 1 2 JAN 2015 SCANNED 9 January 2015 Mr Tim Sbadbolt Invercargill City Council 101 Esk Street Private Bag 90104 Invercargill 9840 Your Worship Mayor Tim Shadbolt, I would like to thank you for what you've been doing for the three Chinese students and their families after the unfortunate car crash and for taking good care o f all the Chinese students living in Invercargill. Your efforts to help save Jessica's life, meeting her mother at the airport, showing your great sympathy and condolences to her family and choosing a resting place for her in person have showed how much you care about the students and their families. This must have made Jessica's mother feel better. I am sure that your other efforts will also bring blessings to Ying, Esther and their families too. All you've been doing, especially in your most important holiday, is appreciated by us all. You've made Invercargill a new home to the Chinese students there. We deeply value our relationship with Invercargill city council and appreciate your dedication to promoting collaborations with China in all fields. I believe that with our joint efforts, the collaborations between China and Invercargill will continue to be strengthened. I'm looking forward to working with you more closely in the future. Yours Sincerely, 4M An Zhijian Consul General o f the People's Republic of China in Christchurch 43 26 FR 2015 SCANNED Tvt −b I ikc d e r an 1c<L − k u w − rVleiviche, c 1 ° ai r h o u J −4v W e v 1h −1),e i& LV− cJ cvlJ − (S I ihctA'( Uj 4 0 tie c L c , a oô V)C j I J C I d − 4r JC)tlI0 c:;¼ Kee cc k P O r e C3c+ O W ,An 7 Ceerj I S o , JeIso−) U e 1 J o ioThed utj 44 Morina Colyer From: Sent: To: Subject: James McNeish <[email protected]> Thursday, 5 February 2015 4:46 p.m. Tim Shadbolt your book Tim It's just come, looks Many thanks for A Mayor o f Two Cities. fascinating. I'll reciprocate when I get my hands on a spare copy of the memoir: Random House has merged with Penguin and they are being slow. Bestest. James James McNeish, KNZM P0 Box 10628 Wellington 6143 New Zealand Fax 00 64 4 499 7837 1 45 Morina Colyer From: Sent: To: Subject: Nyalle Paris <[email protected]> Thursday, 5 February 2015 11:16 a.m. Morina Colyer Re: Ministers Breakfast Good morning Morina I'm pleased to report back that Mayor Tim spoke very well to some 35 Church Leaders @ Global Byte Cafe this morning, with plenty of tears and laughter! We acknowledged that our long serving Mayor was true believer in the genuine merits of our fair city. We share his faith too! We also acknowledge the bitter/sweet that life sometimes brings people, as Mayor Tim shared about the joy of the Christmas Community Luncheon one day and the tragic road accident involving 3 Chinese SIT Students the next day. Our thoughts and prayers go out to you all Nyallle (Rev) on behalf of the Invercargill Minister's Association known as FAITH LINK SOUTH. From: Morina Colyer Sent: Wednesday, February 04, 2015 4:15 PM To: '[email protected]' Subject: Ministers Breakfast Good afternoon Nyalle, I am happy to advise His Worship is available to attend the Ministers Breakfast tomorrow morning at 7.30 am at Global Byte Café. Can you please advise if you wish His Worship to speak at the breakfast? Regards Mo rina Inveicargill This e−mail message has been scanned for Viruses and Content, and cleared by MailMarshal at Invercargill City Council 1 46 Jo Affleck Jo Affleck Tuesday, 20 May 2014 8:36 a.m. 'Michele Simpson' RE: Filming for Breakfast Monday May 19 From: Sent: To: Subject: Good morning Michele. Thank you for your kind words which have been passed on to His Worship. Regards Jo Affleck EXECUTIVE ASSISTANT TO THE MAYOR From: Michele Simpson {mailto:[email protected]] Sent: Monday, 19 May 2014 5:41 p.m. To: Jo Affleck Subject: Re: Filming for Breakfast Monday May 19 Jo Please pass in my thanks again to Tim for joining us for a fantastic morning. He was the star of the show and we had a ball! All the best Michele Ps oysters for dinner in Nelson Sent from my iPhone On 16/05/2014, at 8:23 am, "Jo Affleck" <[email protected]> wrote: Good morning Michele. On behalf of His Worship the Mayor Tim Shadbolt, thank you for emailing through full details of the Grabaseat tour that pertain to Monday 19 May 2014. In the event you may need to reach His Worship outside office hours, you are welcome to phone his mobile on 027 277 1947. All the best for Monday. Regards Jo Affleck EXECUTIVE ASSISTANT TO THE MAYOR <imageoOl.jpg> From: Michele Simpson [mailto: Michele. Simpson tvnz.co.nz] Sent: Thursday, 15 May 2014 2:52 p.m. To: Jo Affleck 47 Jo Affleck From: Sent: To: Subject: Tim Shadbolt Friday, 30 May 2014 11:04 a.m. Shane Stoneman' RE: The Great Kiwi Road Trip and Mayor Tim Good morning Shane. Thank you for the update, much appreciated. I have also forwarded your email onto His Worship the Mayor for his information. Regards Jo Affleck EXECUTIVE ASSISTANT TO THE MAYOR Invercargill From: Shane Stoneman [mailto:[email protected]] Sent: Friday, 30 May 2014 10:40 a.m. To: Tim Shadbolt Subject: RE: The Great Kiwi Road Trip and Mayor Tim Hi Jo I'm looking forward to the long weekend. Thought you would like to know that 20,000 people saw the post of Mayor Tim on Arrival Facebook. Cheers Shane Shane Stoneman Tel: +64 9 281 4632 Mobile: +64 21 310 228 Email: shanepeoplemediaqroup.co.nz From: Tim Shadbolt [ma ilto:[email protected],nz] Sent: Wednesday, 28 May 2014 2:46 p.m. 48 SCANNED ton 09 MAY 2013 4k/Y1 i XLL )(A&AOI I kLQ it er j 4 (OJt) t ' 4 ' − •k • g*h−scij L¼/ J.• J L1 j c W t.49 p. CL 'PLASTICS N E W 2 C A L A N D P 0 Box 76 378, Manukau City, MANUKAU 2241 Phone: 649 255 5662 Fax: 64 9 255 5663 Email: infoclastics.org.nz www.plasticsnz.com www.plastics.org.nz His Worship the Mayor Invercargill City Council Civic Administration Building 101 Esk Street Private Bag 90104 Invercargill 9840 New Zealand 16 ht May 2014 Plastics New Zealand Annual Conference Dear Tim On behalf of Plastics New Zealand I would like to thank you most sincerely for entertaining us at our Anniversary Annual Conference last week. 701h As Key Note Final Speaker you absolutely complemented what was a great Conference. Your presentation was really well crafted, very funny and thoroughly enjoyed by everyone in the room. The hour just seemed to pass so quickly and I loved the way you kept returning to the "heroes" theme after each of your stories. We all left on a real high and it was a great entrée to our dress up Gala Dinner. Once again thanks very much. Kind Regards i Eddie Devine PNZ President Ken Sowman PNZ Interim Business Manager S 50 James Hargest College 6 Layard Street Invercargill 20 May 2014 Dear Mayor Tim I a m writing this letter on behalf of the year seven students to thank you for coming to speak about your career as mayor. I enjoyed t h e p a r t w h e re you talked about the dung beetle it was very funny! I also enjoyed w h e n you talked about the qualities about being a mayor. It's amazing you've been the longest mayor in Southland. I like h o w you're a comedian as well as t h e mayor. I found it funny h o w you told us your schedule and you didn't know w h a t you w e r e going to do next. It's interesting h o w you grew u p in a Dutch school and you got taught your English by an opera singer. It was a pleasure having you at our school. Thanks for taking the time to visit us. Yours sincerely Thomas Christensen 51 UNIVERSITY OTAGO fr I 25A0&jg14 SCANNED aq2mpj Ota NEW ZEALAND Thursday 21 August, 2014. Tim Shadbolt Mayor Invercargill City Council Private Bag 90104 INVERCARGILL 9810 Dear Tim Re: Community contact Week for third year medical students On behalf o f the students and staff I wish to thank you most sincerely for sharing your time, expertise and experience with our students. Without your help we would not be able to offer the students such a rich and varied programme o f encounters which all contributes to their training and development. If you have any comments or suggestions regarding the students' interviews, public presentations or administration o f the programme please do not hesitate to email me so that these may be passed on to our students and considered in the arrangements for next year's programme. Yours sincerely Colette M Bolger Community Contact Week Coordinator 479 5765 [email protected] End, a reply paid envelope is included for those who have indicated they prefer to communicate through the mail. Department o f General Practice and Rural Health Te Tan Matauranga Rata Whãnau me te Hauora Taiwhenua Dunedin School o f Medicine, P 0 Box 56, Dunedin 9054, New Zealand Tel +64 3 479 5765 Fax +643 479 7431 'Email [email protected] 52 I, Morina Colyer Eirwen Harris Tuesday, 28 April 2015 1:36 p.m. 'CEO's Office'; 'Cr Abbott'; 'Cr Amundsen'; 'Cr Arnold'; Neil Boniface; 'Cr Dennis'; 'Cr Esler'; 'Cr Kett'; Graham Lewis; Darren Ludlow; Ian Pottinger; Graham Sycamore; 'Cr Thomas'; Morina Colyer FW: Southland Times From: Sent: To: Subject: Hi All The Southland Times has been asking about ICC TV and may ring you. Here is the explanation I have given them, so you are aware. Kind regards, E irwen. From: Eirwen Harris Sent: Tuesday, 28 April 2015 11:15 a.m. To: 'Evan Harding' Subject: RE: Southland Times Hi Evan, With the cessation of CUE TV's broadcasting arm, a concept called ICC TV has been developed to replace City Talkback. ICC TV is planned to be a regular series of short videos on topical matters, filmed and edited professionally by CUE TV and uploaded to You Tube. These can be accessed via a promotional tile on Council's website. The first episode was uploaded on 24 April features His Worship the Mayor speaking about events and initiatives that are currently underway. In the first four days this had 73 views. The second episode, is about public consultation over the Long Term Plan and explains the issues. It was uploaded ready for viewing on Saturday 25 April, the day that consultation opened. In the first three days over Anzac weekend, this had 128 views. This will be funded out of existing budgets. Shorter items will cost less and longer items will cost more, but the budget we are working under equates to $4,000 a month − the same as City Talkback. A useful comparison to put this in context is that for the month of March, Council spent approximately $8,500 advertising in The Southland Times. The ICC TV initiative will be trialled for six months and then reviewed. Other ideas for topics include: . ICC Profiles − Meet the Team Putting a face to ICC councillors and employees, having them explain their roles. This will be a very simple exercise where CUE effectively interviews the office holders responsible for Dog Control, Parks and Reserves, Civic Theatre etc. . ICC Facilities Visual tours of facilities and locations under the council's control along with contact details. Regularly updated to reflect change e.g. progress reports on the inner city upgrade. . Event Coverage 1 53 Videos depicting key moments of events where ICC councillors or personnel are either present in person or have a vested interest i.e. provided funding. This would include anything from Mayoral visits to activities the ICC may have sponsored, thereby showing the range of events supported by the Council. • Event Promotion This is the vehicle to promote events coming up. Again these could be activities either run by council staff or funded (completely or partially via a grant) by the 1CC. • Civil Defence Civil defence advice on action to be taken in the event of emergency. Should an actual emergency occur, this is where CUE can load all the updates and advisories from key personnel throughout the event. • Issues of the Day This is the avenue for vox pop surveys of ratepayer concerns. CUE will capture public questions and opinions on matters as they arise, then work with the designated ICC contact to source an answer that can follow the question or opinion. This is also where ICC staff or councillors can answer queries submitted either by phone or on−line. • Public Information This is where the ICC can make announcements regarding activities and key dates of which the public need to be aware. As simple as a newsreader' style fronting to camera with the facts. From: Evan Harding [mailto:[email protected]] Sent: Tuesday, 28 April 2015 9:14 a.m. To: Eirwen Harris Subject: Southland Times Hi Eirwen, Can you please pass this email on to the relevant person. QUESTIONS station? − Has ICC started its own TV − I f yes, what does it entail? it − How much has cost? Deadline is 4pm today i f possible please. Thanks very much, evan Evan Harding I Reporter e evan.hardingstl.co.nz t 03 21110321 m 0274534182 f 03 21499051 w www.southlandtimes.co.nz 67 Esk Street, Invercargill 9810, New Zealand I P 0 Box 805, Invercargill 9840, New Zealand uthLuwl I The information contained in this e−mail message and any accompanying files is or may be confidential. If you are not the intended recipient, any use, dissemination, reliance, forwarding, printing or copying of this e−mail or any attached files is unauthorised. This e−mail is subject to copyright. No part of it should be reproduced, adapted or communicated without the written consent of the copyright owner. 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