Whangarei District Council Notice of Meeting A meeting of the Whangarei District Council will be held in the Council Chamber, Forum North, Whangarei on: Wednesday 25 February 2015 10.00 am Committee Her Worship the Mayor (Chairperson) Cr S J Bell Cr S J Bretherton Cr C B Christie Cr P A Cutforth Cr S J Deeming Cr S M Glen Cr P R Halse Cr C M Hermon Cr G C Innes Cr G M Martin Cr B L McLachlan Cr S L Morgan Cr J D T Williamson OPEN MEETING APOLOGIES CONFLICTS OF INTEREST Members are reminded to indicate any items in which they might have a conflict of interest. INDEX Item No Page No 1. Public Forum .............................................................................................................................1 2. Minutes of the Whangarei District Council Meeting held 17 December 2014 ..........................2 3. Minutes of the Audit and Risk Committee Meeting held 16 December 2014 ...........................6 4. Police Report ...........................................................................................................................13 5. Mill-Nixon Intersection Improvements – Stage 1 approval .....................................................11 6. Grant to the Great Barn / Saalmor Project in Waipu ...............................................................14 7. Update on Evaluation of Options for the Old Harbour Board Building and Referendum .....................................................................................................................16 8. Progress Update to 15 December 2014: Strategic Collaboration and Shared Activities Project ......................................................................................................................36 PUBLIC EXCLUDED BUSINESS Item No Page No C.1 Confidential Minutes of the Whangarei District Council Meeting 17 December 2014 ..............1 C.2 Property Matter .........................................................................................................................4 C.3 Property Matter .........................................................................................................................7 C.4 Rating Matter ...........................................................................................................................12 Local Government Act 2002 Amendment Act 2012 Full consideration has been given to the provisions of the Local Government Act 2002 Amendment Act 2012 in relation to decision making and in particular the current and future needs of communities for good quality local infrastructure, local public services and performance of regulatory functions in a way that is most cost effective for households and businesses. Consideration has also been given to social, economic and cultural interests and the need to maintain and enhance the quality of the environment in taking a sustainable development approach. Recommendations contained in the Council agenda may not be the final decision of Council Please refer to Council minutes for final resolution 1 1. Public Forum Reporting officer C Brindle (Senior Meeting Co ordinator) Date of meeting 25 February 2015 Vision, mission and values This item is in accord with Council’s vision, mission and values statement. Background Public Forum Appendix F in Standing Orders allows for a period of up to 15 minutes to be set aside for a public forum at the commencement of each monthly council meeting. The time allowed for each speaker is 5 minutes. Members of the public who wish to participate should send a written application setting out the subject matter and the names of the speakers to the Chief Executive Officer at least 10 working days before the day of the meeting. Speakers There were no applications to speak at today’s public forum received. Whangarei District Council 25 February 2015 2 2. Minutes: Whangarei District Council Wednesday, 17 December 2014 Minutes of a meeting of the Whangarei District Council held in the Council Chamber Forum North on Wednesday 17 December 2014 at 10.00am Present: Cr S L Morgan (Chairperson) Crs C B Christie, P A Cutforth, S J Deeming, S M Glen, P R Halse, C M Hermon, G M Martin, B L McLachlan and J D T Williamson Apologies: Her Worship the Mayor S L Mai, Crs S J Bell, S J Bretherton and G C Innes Moved: Cr Deeming Seconded: Cr Hermon “That the apologies be sustained.” CARRIED Also present: Area Commander Justin Rogers and Inspector Martyn Ruth (New Zealand Police) In Attendance: Acting Chief Executive (S Weston), Group Manager Support Services (A Adcock), Group Manager Positive Growth (J Thompson), Financial Controller (R Kerr), Economic Growth Manager (P Gleeson), Maori Relationships Manager (S Tipene), Property Manager (M Hibbert), Venues and Events Manager (J Lynch), Parks Technical Officer (A Gifford), Executive Assistant (J Crocombe) and Senior Meeting Co-ordinator (C Brindle) S Tipene opened the meeting with a karakia (prayer). 1. Public Forum There were no applications received for Public Forum. 2. Confirmation of Minutes of a Meeting of the Whangarei District Council held on 26 November 2014 Moved: Cr Morgan Seconded: Cr Williamson “That the minutes of the meeting of the Whangarei District Council Meeting held on Wednesday 26 November 2014, including the confidential section, having been circulated, be taken as read and now confirmed and adopted as a true and correct record of proceedings of that meeting.” CARRIED Item 4 was taken after Item 2. Item 3 was taken after Item 4. 3. Police Report Inspector Justin Rogers and spoke to his report and answered questions from Councillors. Inspector Ruth provided an overview on „Operation New Years Eve‟. Moved: Cr Martin Seconded: Cr Deeming “That the information be received.” CARRIED Whangarei District Council 25 February 2015 3 4. Recommendation for increase in contract value: Contract 12006 Moved: Cr Martin Seconded: Cr Deeming “That the contract for WDC Resurfacing (Contract 12006) be increased by the sum of $3,191,745.57 and the total contract value increased to $10,982,450.56 exclusive of GST.” CARRIED Item 5 was taken after Item 2. 5. British and Irish Lions Tour 2017 Proposal Moved: Cr Deeming Seconded: Cr Martin “1. That the information be received. 2. That Council submit a bid responding to the Request for Proposal (RF) from the New Zealand Rugby Union to host one or more of 13 All Blacks Tests across New Zealand in 2016 and 2017 (including three tests against the British and Irish Lions) and the seven tour matches as part of the British and Irish Lions Series in June and July 2017.” On the motion being put Cr Martin called for a division:’ For the motion: Crs Hermon, Morgan, Halse, Deeming, Martin, Cutforth, Williamson, Christie and Glen (9) Against the motion: Cr McLachlan Absent: Her Worship the Mayor, Crs Bell, Bretherton and Innes (4) CARRIED 6. Whangarei District Airport Expansion Moved: Cr Martin Seconded: Cr Glen 7. “1. That the information be received. 2. That Council adopt Option 4 as their preferred option. 3. That Council approve to fund the project through existing Whangarei District Airport reserves and support an application to the Ministry of Transport (MoT) as our Joint Venture partner, to share the cost of the deficit.” CARRIED Whangarei Airport Strategic Review Moved: Cr Martin Seconded: Cr Deeming “1. That the information be received; and 2. That Council proceed with Stage 2 of the project; and 3. That a Project Control Group be established and that Councillors G M Martin, P R Halse and C M Hermon be appointed to the Group. 4. That Council includes the „New Airport‟ project for consideration with the 2015 Long Term Plan.” CARRIED Whangarei District Council 25 February 2015 4 Urgent business Item C.4 Property Matter was not included on the agenda for the reason that the information has only recently been received, commercial considerations require this item to be considered at today‟s meeting rather than deferred to the next scheduled meeting of council which is in February. Moved: Cr Deeming Seconded: Cr Martin “1. That in accordance with NZS 3.7.5 council consider Item C.4 – Property Matter at this meeting. 2. That the reason this late item be considered at this meeting is to enable matters to be progressed without undue delay.” CARRIED Exclusion of the public Moved: Cr Williamson Seconded: Cr Glen “That the public be excluded from the following parts of proceedings of this meeting. 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) 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 passing this resolution C.1 Confidential Minutes Whangarei District Council 26 November 2014 Good reason to withhold information exists under Section 7 Local Government Official Information and Meetings Act 1987 Section 48(1)(a) C.2 Property Matter C.3 Development Opportunity C.4 Property Matter This resolution is made in reliance on Section 48(1)(a) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by Section 6 or Section 7 of that Act which would be prejudiced by the holding of the whole or the relevant part of the proceedings of the meeting in public, are as follows: Item Grounds Section C.1 For the reasons stated in the minutes C.2 To enable the council to carry on without prejudice or disadvantage negotiations Section 7(2)(i) C.3 To enable the council to carry on without prejudice or disadvantage negotiations Section 7(2)(i) C.4 To enable the council to carry on without prejudice or disadvantage negotiations Section 7(2)(i).” CARRIED Whangarei District Council 25 February 2015 5 The meeting closed at 11.35am th Confirmed this 25 day of February 2015 S L Mai (Chairperson) Whangarei District Council 25 February 2015 6 3. Minutes: Audit and Risk Committee Tuesday 16 December 2014 Minutes of a meeting of the Audit and Risk Committee held in the Council Chamber Forum North on Tuesday 16 June 2014 at 9.30am Present: Cr S L Morgan (Chairperson) Crs S J Deeming, J D T Williamson and Philip Jones (Independent Advisor) Apology: Her Worship the Mayor S L Mai Moved: Cr Morgan Seconded: Cr Deeming “That the apology be sustained.” CARRIED Also present: Crs S M Glen, P R Halse and C M Hermon Leon Pieterse and Sam Ho Audit New Zealand In Attendance: Group Manager Support Services (A Adcock), Human Resources Manager (J Antunovich), Governance Manager (D Kula), Health and Safety Manager (D Williams) and Senior Meeting Co-ordinator (C Brindle) 1. Health and Safety Moved Seconded Cr Deeming Cr Williamson “That the information be received.” CARRIED 2. Policies Update and Ownership Moved Seconded Cr Deeming Cr Williamson “That the information be received.” CARRIED 3. Council Insurances Moved Seconded Cr Morgan Cr Deeming “That the information be received.” CARRIED Whangarei District Council 25 February 2015 7 4. Tax Governance Framework Moved Seconded Cr Morgan Cr Deeming “That the Tax Governance Framework, amended as follows, be adopted: Council will not enter into any artificial arrangements which result in a reduction in tax payable. Council will not subscribe to any tax minimisation schemes without first obtaining approval from the Audit and Risk Committee, having been fully informed of the associated risks and overall tax effect of the arrangement.” CARRIED The meeting closed at 10.37am th Confirmed this 25 day of February 2015 S L Morgan (Chairperson) Whangarei District Council 25 February 2015 8 4. Police Report Reporting officer C Brindle (Senior Meeting Co ordinator) Date of meeting 25 February 2015 Vision, mission and values This item is in accord with Council’s vision, mission and values statement. Background The attached report has been received from Inspector Justin Rogers Area Commander for Whangarei/Kaipara. Recommendation That the information be received. Attachment Police Report Whangarei District Council 25 February 2015 9 Whangarei / Kaipara Area COUNCIL REPORT Submitted 13 February 2015 Operation Easter Northland Police conducted a joint operation with OFCANZ in relation to the distribution and manufacture of Methamphetamine. On the 16th of December, 15 Head-hunter members and associates were arrested in Whangarei. Police seized drugs, guns and cash in multiple raids on gang addresses. Police intelligence indicates that the main Whangarei lab had the capacity to produce $3 million worth of methamphetamine per week. During these operations search warrants were executed in 7 of the 12 Police districts which illustrate the scope of this organised criminal network. Christmas / New Years The Christmas/New Year holiday period saw the presence of Police in and around Northland’s public areas, beaches and hotels. Locals and visitors alike were in the main well behaved with their New Year celebrations. Police staff worked hard across the district during the Christmas/New Year holiday to keep any potential disorder incidents at bay through scheduled tasks and prevention work. Road Policing provided high visibility out on the roads to ensure drivers were driving safely and to the conditions. Unfortunately we did have 3 separate road fatality incidents. The crash on the Waipu straights where 4 family members were killed, a motorcyclist died after losing control on a bend at Tangowahine and a nine year old boy died when the go cart he was driving rolled at Ahipara. Operational Tidal A 60 year old man has been charged with murder on 9th February. He fatally assaulted a 25 year old male at an incident in Tikipunga on Monday 26th January. The two men were known to each other. This investigation saw some very good work done during the initial attendance by frontline police staff followed up by the enquiry team and other staff that were involved resulting in a quick resolution to this matter. Operation Waitangi A large amount of Whangarei / Kaipara Police staff were deployed to Waitangi to assist in the Policing of the Waitangi celebrations. This was a very successful event for Police with no major incidents recorded. This is a national event which placing the whole of Northland in the national spotlight. We exist to prevent crime and road trauma by working together to ensure our communities 'Are Safe' and 'Feel Safe’ 10 Search and Rescue Northland has had an "unprecedented" number of search and rescue callouts over the summer with about 80 per cent preventable. The Northland police and volunteer search and rescue teams were called to 70 jobs over 42 days from December 18, including 60 water-related jobs, six drownings, five land rescues and three reported plane crashes. The 809 Foundation Constable Anton KURAIA has started his fundraising trek to Wellington. Anton has formed the foundation to help cancer patients fight cancer naturally. He departed from the st Whangarei Station at 8.30am Sunday 1 February. He is due to arrive in Wellington within the next 6 weeks. If you want to support Anton and follow his progress then you can do so by going to: www.the809foundation.org.nz Awards Volunteer Charlie Moates – Certificate of Appreciation for his work as a volunteer for the last 12 years which includes monitoring the CCTV cameras, which is an initiative between Police and the Council. Inspector Justin Rogers Area Commander Whangarei / Kaipara We exist to prevent crime and road trauma by working together to ensure our communities 'Are Safe' and 'Feel Safe’ 11 5. Mill-Nixon-Kensington Intersection Improvements Stage 1 approval Reporting officer Jeff Devine (Roading Manager) Date of meeting 25 February 2015 Vision, mission and values This item is in accord with the Council’s Mission, Vision, and Values statement as it supports sustainable land use management and transportation, providing a quality environment and protecting those assets that contribute to community health and well being. Background The “Nixon Street” upgrade project has been identified through the Whangarei Transportation Network Strategy. The complete project includes the four laning of Nixon Street between Mill Road and Kamo Road and the upgrade of the signals at Nixon Street / Mill Road and Kensington Avenue / Nixon Street / Kamo Road intersections. The project has been split into two construction stages, Stage 1 being the upgrade of the Mill Road / Nixon Street intersection and Stage 2 being the four laning of Nixon Street and the upgrade of the Kensington Avenue/ Nixon Street / Kamo Road intersection. A previous phase of the project covers design works and land purchase requirements for the project. All land purchase requirements for stage 1 construction have been completed, including relocation of pensioner flat units at the Mill Rd complex. Approximately 25% of the land purchase agreements for Stage 2 are completed and negotiations with the remaining landowners are continuing. This agenda is specifically requesting the approval of the Stage 1 contract for construction works, but does reference the future costs of Stage 2 in considering and reporting on the over all costs for the whole project. Significance and Engagement Having considered the Significance and Engagement Policy this proposal or decision is not considered significant as the Nixon Street Upgrade project has been identified through the Council’s “Whangarei Transportation Network Strategy” and is a listed project within both the previous and current Long Term Plan (LTP). The public have been informed through previously held open days that have been undertaken to engage with the community on the proposal, and will be informed further as a result of the consultation of the current draft LTP process, and the publication of this agenda item. In addition to this, all directly affected landowners have been consulted with personally. Tender Evaluation Tenders were called during November 2014 for the construction of Stage 1 works being the upgrade of the Mill Rd / Nixon St intersection. The Tender evaluation was undertaken in accordance with the New Zealand Transport Agency’s Procurement Manual, using the Price Quality Method (PQM). Three tenders were received. The conforming tenders have been ranked in ascending order based on price. Whangarei District Council 1 25 February 2015 12 Amount of Tender ($) (excl GST) Supplier Quality Premium ($) (excl GST) Adjusted tender sum ($) (excl GST) United Civil Construction $4,800,326.65 $111,279.76 $4,689,046.89 Transfield Service Ltd $4,887,472.12 $0.00 $4,887,472.12 Fulton Hogan $5,373,252.98 $212,883.03 $5,160,369.95 Engineers Estimate $4,576,775.42 Name of Tenderer Financial Discussion The LTP / Annual Plan budget for this project is $3.475m in 2014/15 and $3.55m in 2015/16, resulting in a current total project budget of $7.025m. The revised estimate for the total project, land purchase and Stages 1 and 2 is now $10.7M. This is based on actual costs for Stage 1 and amended costs for Stage 2 based on the tender prices received for Stage 1. The lowest Tender price received from United Civil is significantly higher than Council had budgeted for in its Long Term Plan and Annual Plan. There are a number of reasons for this, including some additional scope changes from the original project estimates, totalling over $1.35 M. These scope changes include the rehabilitation of the existing road pavement where previously the road widening was only allowed to be tacked onto the existing road. We are taking the opportunity to complete these works together and gain cost efficiencies. We have also taken the opportunity to replace the existing Street Lights with new LED technology in line with Council’s proposed LED upgrade programme to obtain the potential power savings. The Council’s Waste and Water Departments are also taking the opportunity to upgrade their existing services in the road while the contract is being constructed. This achieves both overall tender savings from the larger project and they are not incurring the normal road reinstatement costs in their projects. The extent of the proposed works has also increased in footprint to suit revised approach and taper lane lengths following revised traffic modelling. Requirements for services tie-ins have also increased following detailed design of the project works. The original budgets are also now 5 years old as the project has been deferred a number of times in recent years, and significantly increased services costs provided by service providers have affected the overall total price. The cost to relocate non-Council services for the project has increased from an original estimate of $547,775.00 to $1,361,000.00. While it is expected some savings can be achieved on the services relocations estimates, we do need to make allowance for the total estimate provided especially in the NZTA project funding request. The Council water mains and sewer mains that are going to be re-laid on the sections of road within the project while the road works are being undertaken are to be funded separately by the Water and Waste Departments. These are programmed renewals works by Council and are not subsidised by NZTA as not required as part of the Roading project. An application has been made to NZTA to increase the scope and funding of this project which would see 61% subsidy available for the full project total. The additional Council share of the project costs can be achieved by utilising other roading budgets to undertake certain aspects of the works. The table below sets out how the proposed funding of the project costs and allowances has been determined. Council 25 February 2015 13 Project Funding Summary COSTS 2014-15 2015-16 Stage 1 cost break down Stage 2 cost break down Tender price Property MSQA Total Costs $4,800,000 $1,150,000 $200,000 $6,150,000 $4,350,000 $0 $200,000 $4,550,000 FUNDING 2014-15 2015-16 Annual Plan Budget $3,475,000 $3,550,000 Mill / Nixon St Upgrade Project Total Comment based on Stage 1 tender prices property purchase schedule supervision fees $10,700,000 $7,025,000 Current budgets Funding from other budgets Rehabilitation Waste water improvements (Waste) $485,000 $250,000 $400,000 $100,000 pavement renewals replacement of existing sewer mains by Waste Department Water improvements (Water) $70,000 $50,000 replacement of existing water mains by Water Department $130,000 $182,000 $200,000 $160,000 $100,000 $1,217,000 $250,000 $1,160,000 Street lighting K&C , f/p & Rdmarking Signals Subtotal change old St lights to LED's relocate and replace old footpaths traffic signal upgrades $2,377,000 Property Recovery Costs Resale of 51 Mill Rd Resale of 23 Nixon St Resale of 17 Nixon St Subtotal $150,000 $150,000 $340,000 $640,000 resale of property severance resale of property severance resale of property severance $0 $640,000 Value Engineering (potential savings) Services General Subtotal Total Funding $280,000 $50,000 $330,000 $280,000 $50,000 $330,000 to be negotiate with service providers identified by contractor $660,000 $5,662,000 $5,040,000 $10,702,000 The table above shows that the total project cost can be met from existing Council budgets and budgets proposed in the current Draft Long Term Plan. Recommendation That the Tender for the Mill / Nixon intersection upgrade Stage 1 (Contract 14024) be awarded to United Civil Construction Ltd for the sum of four million, eight hundred thousand, three hundred and twenty six dollars and sixty five cents excluding GST ($4,800,326.65). Council 25 February 2015 14 6. Grant to the Great Barn / Saalmor Project in Waipu Reporting officer Owen Thomas (Community Services Manager) Date of meeting 25 February 2015 Vision, mission and values This item is in accord with Council‟s vision, mission and values statement as it supports the provision of community facilities throughout the district. Introduction The purpose of this item is to raise a funding issue for Waipu Joint Venture, who are coordinating the construction of the Great Barn / Saalmor in Waipu. Background In March 2011, a public meeting was held in Waipu to discuss Hall capacity for large regional and national events, and future population growth. Following this meeting further work occurred to investigate the feasibility of increasing hall capacity, by either extending and upgrading the Hall, or rebuilding. At a subsequent community meeting it was resolved: 1. To refurbish the existing Hall to extend its useful life 2. To build an adjacent multi-purpose facility, „Saalmor‟, to house large events, and to provide for future growth. A Joint Venture between the Waipu Hall Committee, the Waipu Caledonian Society, and the general Waipu Community was formed to complete the project, and the Waipu Joint Venture Agreement was signed on 30.08.11. The Waipu JV submitted to Council‟s 2012-2022 Long Term Plan, indicating the cost of the build to be approximately $1.6 million. Through its deliberations Council resolved to contribute $600,000 in Year 2 of the Long Term Plan. Construction of the Great Barn / Saalmor began approximately halfway through 2014. To date the Waipu JV have drawn down $450k of the $600k and have made steady progress in the build. Building Act requirements have caused some variances with building costs. Through a submission on the 2014-2015 Draft Annual Plan, The Waipu Joint Venture requested an additional grant of $100k to help them cover cost escalations for the development of the Great Barn at Waipu. Through deliberations, Council agreed on the following: “to grant an additional $100k in the 2014-15 financial year, although until funds become available the item will be listed as „unfunded‟, meaning that the grant may not be available next year”. Earlier this year, the Waipu Joint Venture enquired through the Chief Executive Officer‟s office about accessing these funds. Whangarei District Council 25 February 2015 15 Significance and Engagement Having considered the Significance and Engagement Policy this proposal or decision is not considered significant and the public will be informed via agenda publication on the website and possibly Council News. Discussion and options The term „unfunded‟ is used in the 2014-2015 Annual Plan to describe projects whereby “we do not have the resources to complete them unless we increase revenue or debt”. The Annual Plan goes on to say that if funding does became available (for example through property sales), funding would be released by way of resolution at a Council meeting. As the Great Barn / Saalmor is not a WDC asset this item is not part of the unfunded capital projects listed on pages 59 & 60 of the 2014-15 Annual Plan. As this item cannot be capitalised by WDC it should be funded through its operational budget. It is understood that Council has not increased its income through the existing financial year and that currently the organisation is running a slight operational deficit. This situation may change by the end of the existing financial year. Recommendation 1. That the report is received 2. That if the end of year forecast is for an operational surplus at the end of the current financial year, in excess of $100,000, the Chief Executive Officer be authorised to release this grant to Waipu Joint Venture. 3. However, if the end of year forecast is unfavourable then provision be made within existing operational budgets. Whangarei District Council 25 February 2015 16 7. Update on Evaluation of Options for the Old Harbour Board Building and Referendum Reporting officer Paul Dell (Group Manager District Living) Date of meeting 25 February 2015 Introduction At its meeting of 12 November 2014 Council resolved the following motions for the evaluation of Options for the old Harbour Board building and Referendum “1. That council receives the report. 2. That in view of the high community interest in these projects, and the complexity of comparing their relative merits, it is recommended that the following options be considered further: a) b) c) Harbourside, and Hundertwasser Wairau Maori Art Centre and Demolish the Harbour Board building. 3. That to allow a fair comparison of the proposals staff be authorised to engage independent qualified professionals to assess the construction costs, operational costs and expected visitor numbers for the Harbourside project up to a maximum of $100,000 and that the assessment be completed by February 2015. 4. That council thanks all those people that had submitted proposals. 5. That council undertakes a binding referendum in March 2015 to determine which project to pursue. 6. That a communication strategy on the three options be developed for approval by council. On the motion being put Cr Glen called for a division: For the motion: Crs Morgan, Bell, Deeming, Williamson, Bretherton, McLachlan, Martin, Glen, Hermon, Halse, Cutforth and Innes (12) Against the motion: Her Worship the Mayor Abstained: Cr Christie.” Evaluation of Proposals On 19 December 2014 Council received an updated Harbourside proposal (attached). The updated proposal clearly identifies the activities that will be included in the proposal. The Whangarei Art Museum and CHART are no longer included in the updated proposal. The CEO has now engaged Deloitte to undertake a comparison of the proposals focusing on the construction cost, operational cost and expected visitor numbers. Recognising the sensitivity around this comparative evaluation the CEO has agreed to a peer review being undertaken of the Deloitte work by Nexus Planning and Research. The peer reviewer is employed by Council and will be involved from the start of the process to consider and challenge the techniques used in the evaluation and any assumptions made. This is seen as being a more efficient and robust approach. At this time Deloitte are planning to have a draft report available in early March 2015. They have been directed to deal directly with the representatives of the two major proposals and also confirm the costing for demolition and putting into grass: Deloitte will engage appropriate expertise to assist in reviewing the estimated construction costs, which is critical to determining depreciation and therefore full operating costs. Whangarei District Council 25 February 2015 17 Deloitte have noted that their indicative timeline will be dependent on cooperation from the proposers of the different options. If Deloitte are unable to gain the information they require from either of the two major proposals they will develop their view based on their own knowledge. For a referendum it is critical that the public have an independent assessment that they can rely on. At this time the costs including peer review are within the allocated budget. Referendum Due to the timing of the evaluation it will not be possible to have the binding referendum in March, however the process can commence in March. Staff have met with Council‟s Electoral Officer Dale Ofsoske of Election Services to clarify the detail around holding a Referendum. The Referendum is held under the Local Electoral Act 2001. It takes 89 Calendar days from commencement to completion; made up of three key elements: 28 days – roll inspection 40 days – preparation of material and mail out 21 days – voting period. Once the process has commenced it cannot be paused. Important aspects of the Referendum, confirmed by the Electoral Officer, include: 3 Options as proposed by Council are fine Postal Ballot is the default voting mechanism Those entitled to vote will be Residential Electors and Non-resident ratepayers (estimate 56,667) Unless otherwise determined, it will be first past the post It is assumed that the whole District will be involved in the vote Electoral Officer (Regulation 46) must be satisfied that the information included in the voting pack is correct and neutral If during the process incorrect information is made available Council will be expected to correct it Council should not express a view Individual councillors can have a view but must come to the table with an „open mind‟. In terms of timing, the Electoral Officer has indicated that the review of information can have some overlap with the Referendum Process. It is realistic that the Electoral Roll can be opened before the review is complete. However as indicated once started it cannot be “paused”. Based on the attached timeline it is recommended that Council resolve to commence the process on 10 March 2015 with Public notice. This will give until around Mid-April to finalise the information to be included in the voting pack. The timeline also aligns to the LTP process. In terms of a communication strategy Council should clearly indicate to the Community the process being followed and confirm that the information that will be made available will be based on the independent review. As a starting point staff would recommend that the information to be included in the voting pack and made available on the website and display boards should include: Some graphics of the proposed buildings An outline of the activities that will be offered Floor Plans Estimated Construction Costs and Capital request from Council Estimated Net Operational Cost Estimated visitor numbers Sensitivity analysis Review and document proposed ownership and governance model Comment on any consenting issues. Based on an estimated 50% return the cost of the Referendum will be $85,000 plus GST. In the public notice that starts off the process (at this stage 10 March) council must have decided on the issue and the question to be asked. This will need to be agreed as part of commencing the process. Dale Ofsoske has supplied a draft outline of a voting form (attached) and staff have used this to develop a proposed issue and question ballot paper. Whangarei District Council 25 February 2015 18 Description of issue and options WDC has resolved to undertake a binding poll to determine the option that the community supports for the Old Harbour Board building at the Town Basin. This is a binding poll. Tick the circle next to the option you want to vote for. Option A Option B Option C. Communication A draft communication Plan is attached. The focus of Council‟s communication is on informing the public about the referendum process, including where they can find information and encouraging voter participation. The information on the options will include a summary sheet in the voting pack (approved by the Electoral Officer), the summary material and any detailed reports from Deloitte and the peer reviewer on Council‟s website and the summary document displayed in Forum North. Staff will also need to seek guidance from our Electoral Officer on how to handle questions to Council by the Public in this process. Discussion Based on the consultant‟s timeline and allowing some additional time to confirm the final evaluation, staff consider the documentation should be completed for overview by the Electoral Officer by early April 2015. This will most likely require a meeting of Council to sign off. Having regard to the LTP process and the 89 days for the referendum, staff would suggest that Council agree Friday 5 June 2015 for the completion of voting. This would set 10 March 2015 as the date for Public notice with the roll open for inspection on 12 March 2015. One matter staff are working through with our Electoral Officer is how to best reflect a two year sunset period on the binding outcome where either the Harbourside or Hundertwasser Wairau Maori Art Centre, if chosen are unable to raise the necessary additional funding. This will be reported at the meeting. Significance and Engagement Having considered the Significance and Engagement Policy this proposal or decision is not considered significant and the public will be informed in line with the Communications Plan. Recommendation That Council: 1. Resolves that the referendum will: a. commence on 10 March 2015; b. be conducted using the First Post the Post electoral system; c. be conducted using postal voting; and d. affect all of Council‟s District. 2. Direct the Electoral Officer to conduct the referendum as resolved in 1 above. 3. Confirm the issue and question as outlined in this report. 4. Note that staff will update options to address a two year sunset period on the binding referendum. Attachments 1. 19 December 2014 updated Harbourside proposal Trim 14/118514 2. Proposed Harbour Board Building options Referendum Timetable 3. General Format example for voting paper 4. Proposed Communications Plan Trim 15/10332 Whangarei District Council 25 February 2015 19 20 21 22 23 24 25 26 27 28 29 30 31 Former Harbour Board / NRC Building Referendum Communications Plan February 2015 TRIM 15/10332 32 Table of contents Document reviews & approvals ........................................................................................................................................... 3 1 Background/Context ................................................................................................................................................. 3 2 Research/Current perceptions .................................................................................................................................. 4 3 Communications Objectives ..................................................................................................................................... 4 4 Target Audiences ..................................................................................................................................................... 4 5 Key messages .......................................................................................................................................................... 4 6 Tactical implementation plan .................................................................................................................................... 4 10 Communication issues/risks ..................................................................................................................................... 5 11 Review process......................................................................................................................................................... 5 TRIM 15/10332 Version 1.0 2 33 Document reviews & approvals Role Name Project Manager Paul Dell Governance Manager Dominic Kula 1 Signature Date Background/Context In July 2014, Council made a decision to seek proposals on the possible future options for the former Harbour Board building at the Town Basin. By the deadline for proposals on Friday 10 October 2014 Council had received 21 submissions. These were assessed by Council's 20/20 Inner City Development Committee at a workshop on 16 October. Four proposals met the criteria set in the call for proposals and were selected to be considered at Council workshops that were held on 22 and 29 October. The submitters of the top four proposals made presentations to Councillors at the workshops. They also provided summaries and illustrations of their proposals. Their full proposals were published on Council’s website on 24 October 2014. Summaries and illustrations of the proposals provided by the submitters were also published in the Council News pages of the Whangarei Leader on 4 November 2014. Council met on 12 November 2014 to discuss the four proposals and decide on the next steps. Two of the 21 proposals put forward by the public were to be given further consideration. Council resolved the following: That Council receives the report. In view of the high community interest in these projects, and the complexity of comparing their relative merits, it is recommended that the following options be considered further: 1. Harbourside, and 2. Hundertwasser Wairau Maori Art Centre and 3. Demolish the Harbour Board Building. That to allow a fair comparison of the proposals staff be authorised to engage independent qualified professionals to assess the construction costs, operational costs and expected visitor numbers for the Harbourside project up to a maximum of $100,000 and that the assessment be completed by February 2015. That Council thanks all those people that had submitted proposals. That Council undertakes a binding referendum in March 2015 to determine which project to pursue. That a communication strategy on the three options be developed for approval by Council. Since that time staff have engaged our Electoral Officer, Dale Ofsoske, to manage the Referendum on behalf of Council. The referendum should be undertaken under section 9 of the Local Electoral Act 2001 and undertaken according to this legislation. Section 9 sets out various decisions the Council will need to make eg that the referendum is/is not binding, a specific date selected etc. The Local Electoral Regulations require any information on the referendum to be neutral, so Council will need to be clear that when undertaking a referendum/poll, it must remain neutral. The period to conduct a referendum is 89 days, and involves the same timeframe/process as an election ie electoral roll open for public inspection for 28 days etc. The process is expected to commence on 12 March, with the referendum to be held on 5 June. All information produced will be reviewed by Dale Ofsoske to ensure that the content is neutral. TRIM 15/10332 Version 1.0 3 34 2 Research/Current perceptions 3 Communications Objectives 4 To inform the public that a referendum is being held on the future options for the building To inform the public of the date of the referendum and how they can participate To encourage participation in the referendum To provide neutral information on the three options – Harbourside, Hundertwasser Wairau Maori Art Centre and demolish the Harbour Board Building. Target Audiences 5 All rate payers and residents Key messages 6 The public are aware that Council has resolved to hold a referendum Information regarding the original proposals has been made available to the public The public are largely unaware of the process Council needs to follow to hold a referendum Council is holding a referendum on the future options for the Former Harbour Board / NRC Building. This is the community’s opportunity to decide Tactical implementation plan Output Council News story in the Whangarei Leader Description Double page spread outlining: The Referendum process and key dates Neutral information on the three options Further information Council News Adverts providing the date of the Referendum and how to find out more information and where we are at in the process. 17 March 24 March 31 March 7 April 14 April 21 April 28 April 5 May 12 May 19 May 26 May Media releases Media release to outline the referendum process. Advise on the process Council’s role in the process Where information can be obtained. Website All information produced for Council TRIM 15/10332 Version 1.0 10 March – ahead of the referendum process starting Information could be repeated 14 April and 12 May (monthly through process). Recommend advertising as the roll is opened, closed and ahead of the referendum date itself. Agenda production and distribution of Media Releases should be aligned to ensure that the media release is issued in conjunction with the agenda item(s) Website will be updated to coincide 4 35 news and media release will be placed on our website. with the article in the Leader. Home Page banner will direct people to the Former Harbour Board / NRC Building page on the website. http://www.wdc.govt.nz/Facilitiesand Recreation/TownBasin/Pages/Former-NRC-HarbourBoard-Building.aspx Information presented will outline the process of the Referendum. Including: How to ensure you are eligible How to ensure you are on the electoral roll. How to enrol if you are outside the District etc. Neutral information on the three options will be provided. Print material Social Media Twitter and Facebook used to: Advise Process and dates Link to content on the website Throughout process and as the roll is opened, closed and ahead of the referendum date itself. Radio Advertising Radio advertising would provide access to a wide cross section of the community. If Council chooses to use radio advertising it can be used to promote that a referendum is happening, and when and direct people to the website for further information. $1800 per week, per network. Recommend advertising as the roll is opened, closed and ahead of the referendum date itself. Flyer / brochure containing neutral information on the three options. Artwork panels in Forum North foyer that show highlights of each option. A flyer can be produced that will be included in the information pack that is sent out with the referendum voting papers. This can also be provided via our website and at Customer Services. 10 Communication issues/risks The Local Electoral Regulations require any information on the referendum to be neutral, so Council will need to be clear that when undertaking a referendum/poll, it must remain neutral. 11 Review process Role Name Senior Communication Adviser Rachel Pascoe Project Manager Paul Dell Governance Manager Dominic Kula TRIM 15/10332 Version 1.0 5 36 8. Progress Update to 15 December 2014: Strategic Collaboration and Shared Activities Project Reporting officer M P Simpson (Chief Executive Officer) Date of meeting 25 February 2015 Vision, mission and values This item is in accord with Council’s vision, mission and values statement as it supports the provision of community facilities throughout the district. Executive Summary The purpose of this report is to provide a progress update on the Northland Strategic Collaboration and Shared Activities Project; being progressed by the Chief Executives Forum (a subsidiary of the Northland Mayoral Forum). The report concludes with the recommendation that council endorses the progress report. Significance and Engagement While some of the aspects within the report are potentially significant, such as the quantum/source of funding required, at this time council is only being asked to endorse the information as a progress report. Hence it does not trigger the council’s significance policy. The public will be informed via agenda publication on the website. Recommendation That the report ‘Progress Update to 15 December 2014: Strategic Collaboration and Shared Activities Project’ by the Chief Executives Forum, and dated 3 February 2015, be endorsed by the Whangarei District Council as a progress report. Attachment: Update Shared Activities Project Whangarei District Council 25 February 2015 37 38 39 40 RESOLUTION TO EXCLUDE THE PUBLIC Move/Second That the public be excluded from the following parts of proceedings of this meeting. 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) 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 passing this resolution C.1 Confidential Minutes of the Whangarei District Council Meeting held 17 December 2014 Section 48(1)(a) C.2 Property Matter Good reason to withhold information exists under Section 7 Local Government Official Information and Meetings Act 1987 C.3 Property Matter C.4 Rating Matter This resolution is made in reliance on Section 48(1)(a) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by Section 6 or Section 7 of that Act which would be prejudiced by the holding of the whole or the relevant part of the proceedings of the meeting in public, are as follows: Item Grounds Section C.1 For the reasons as stated in the minutes. C.2 To enable the council to carry on without prejudice or disadvantage negotiations Section 7(2)(i) C.3 To enable the council to carry on without prejudice or disadvantage negotiations Section 7(2)(i) C.4 To protect the privacy of natural persons Section 7(2)(a) Resolution to allow members of the public to remain If the council/committee wishes members of the public to remain during discussion of confidential items the following additional recommendation will need to be passed: Move/Second “That be permitted to remain at this meeting, after the public has been excluded, because of his/her/their knowledge of Item . This knowledge, which will be of assistance in relation to the matter to be discussed, is relevant to that matter because . Note: Every resolution to exclude the public shall be put at a time when the meeting is open to the public.
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