Finance & Corporate Support Committee Agenda

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1 Finance & Corporate Support Committee Agenda Time: 1.00pm Date: Tuesday, 18 August 2015 Venue: Council Chambers, Waipa District Council, 101 Bank Street, Te Awamutu INDEX PAGE NO. Agenda 18 August Minutes of Previous Meeting 22 July 2015 Introduction of Four Monthly Reporting Cycle Authority to Sign Extension of Expiry Date on ANZ Lending Facility Documentation Mighty River Domain Temporary Liquor Bans for 2015 / 2016 Summer Season Waipuke Property Development Update 2 (8 13) 3 4 (14 16) 4 5 (no papers) 5 6 (17 23) 6 7 (24 37) Workshop item Annual Report (the Draft Annual Report will be provided to Committee Members by Friday 14 August)

2 Finance & Corporate Support Committee Agenda 2 AGENDA ITEMS 1 MEMBERS Chairperson AW Brown Members His Worship the Mayor JB Mylchreest, JM Bannon, EH Barnes, AJ Bishop, M Gower, L Hoverd, SDC Milner, EM Stolwyk, CSC St Pierre, BS Thomas, GRP Webber, VT Wilson 2 APOLOGIES Apologies have been received from Crs Stolwyk and Gower for non-attendance. 3 DISCLOSURE OF MEMBERS INTERESTS 4 VISITORS 5 MINUTES OF PREVIOUS MEETING Pages: 8 13 Recommendation That the minutes of the Finance & Corporate Committee meeting held on 22 July 2015 be confirmed as a true and correct record. 6 LATE ITEMS Page 2 of

3 Finance & Corporate Support Committee Agenda 7 CONFIRMATION OF ORDER OF MEETING File: Recommendation That the order of the meeting be confirmed. 3 8 INTRODUCTION OF FOUR-MONTHLY REPORTING CYCLE File: / Pages: In recent years Council staff have provided elected members with regular financial and service performance reporting on the basis of a comprehensive quarterly report at the end of each quarter and shorter-form, higher level, monthly financial reporting in the intervening months. The purpose of the staff report is to propose a change to the frequency of producing the more comprehensive quarterly reports. Officers are recommending we shift from quarterly reporting to four-monthly reporting. These reports would be prepared for the reporting periods ending 31 October and 28 (or 29) February. Officers believe this change will not detract from elected members responsibility to monitor the financial and non-financial performance of Council while creating a more efficient and effective reporting system by reducing the number of these detailed reports from three to two a year. The predominant focus of the quarterly report from a financial perspective is the financial reforecast and a large amount of staff time across the business goes into these reforecasts. Currently the quarterly timing does not work well for this with the first reforecast required less than three months into the year and with the results of the last reforecast reported with less than three months of the year left. With the shift to four-monthly reporting and realigning the reforecasts to match there will be a focus on more robust reforecasting and better use of this information. The monthly reporting processes that supplement the four monthly report would remain unchanged and we will keep to current reporting timeframes which see the reports complete and circulated with the Committee agenda in the second week after the close of the reporting period. Recommendation That a) The report of Kumaren Perumal, Manager Finance be received; Page 3 of

4 Finance & Corporate Support Committee Agenda b) The Committee approve a change from quarterly financial and non-financial performance reporting, to four-monthly reporting with these reports prepared for the periods ending 31 October and 28 (or 29) February each year. 4 9 AUTHORITY TO SIGN EXTENSION OF EXPIRY DATE ON ANZ LENDING FACILITY DOCUMENTATION File: / No Papers Council has a $7.5 million, 2 year flexible rate term loan facility agreement with the ANZ Bank New Zealand Limited (ANZ). The facility provides an alternative means of funding alongside the borrowing arrangements that Council has with the New Zealand Local Government Funding Agency (the LGFA). The facility agreement has evergreen provisions allowing for an annual review and one year extension of the general 2 year expiry. The most recent annual review has just been carried out by the bank. The outcome of the review is an offer by the ANZ to reduce the pricing in line with market movements and extend the facility expiry by one year to 15 July In all other respects the agreement remains the same. Officers recommend acceptance of the offer. The pricing of the facility and in particular the line pricing at 25 basis points ($18,750 per year) is low, making this a cost-effective and important facility for unforeseen, urgent cash demands. When this facility was originally entered in 2011 the line pricing was 40 basis points which at $7.5 million equated to $30,000 per year. The new margin pricing is 80 basis points, it was originally 100 basis points. Council is still likely to utilise the LGFA for most of its external borrowing requirements but this facility remains important for more urgent and lesser funding demands, and officers believe that from a liquidity risk perspective Council should have at least two available means of ready liquidity. Council drew on this facility for a few days in July to meet a short-term gap in cash flow requirement, but the facility would have even greater importance in the case of a natural disaster and/or civil defence emergency. The facility offers same day drawdown provided notice is given no later than 4pm on the day. The facility can be cancelled by Council in full or any part (provided such part is an integral multiple of $50,000), on five business days written notice to the Bank. A resolution is sought that the Chief Executive and Group Manager Business Support be delegated authority to accept the extension of expiry date on the ANZ Bank New Zealand Limited facility arrangements, together with the revised (and lower) pricing, and to sign the associated documentation to effect such extension. Page 4 of

5 Finance & Corporate Support Committee Agenda 5 Recommendation That the Chief Executive and Group Manager Business Support be delegated authority to accept the offer of extension of the expiry date of Council's existing SEVEN MILLION, FIVE HUNDRED THOUSAND DOLLAR ($7.5 million) flexible rate term loan facility agreement with the ANZ Bank of New Zealand Limited; - reducing the line fee to 25 basis points per annum; - reducing the margin to 80 basis points per annum; - extending the expiry date to 15 July 2017; and to sign the documentation for the extended facility on Council s behalf. 10 MIGHTY RIVER DOMAIN TEMPORARY LIQUOR BAN FOR 2015/2016 SUMMER SEASON File: P / Pages: Temporary liquor bans have been utilised on the Mighty River Domain, Lake Karāpiro ( the Domain ) over the last four summer seasons to control alcohol consumption and related issues during organised events and Christmas / New Year busy periods. It is the opinion of site management, Council staff and local representatives of the NZ Police that the implementation of temporary liquor bans on the Domain during summer events has been a positive move. It is recommended that temporary liquor bans be implemented on the Domain again during the 2015/2016 summer season, in a very similar manner to that of the previous season. Appendix 1 of the staff report contains a list of recommended dates/events/times. As with the previous seasons, it is suggested that the proposed bans exclude the 5-9pm period, to enable Domain visitors to socialise informally at the end of each day s activities, with the exception of the hydroplane event commencing 6 February 2016 (for which a 24 hour per day ban is sought). The use of trained security staff overnight along with wide notification of the bans (via newspaper advertisements, signage on site, website and e-newsletter reminders and public address system announcements during events) help to encourage Domain visitors to adhere to the temporary liquor bans whilst they are in effect. Recommendation That: a) The information contained in the report of Jane Blackmore, Property Advisor be received. Page 5 of

6 Finance & Corporate Support Committee Agenda b) The Finance and Corporate Committee recommends that Council resolve to specify the Mighty River Domain, Lake Karāpiro (excluding any leased facilities and the Don Rowlands Centre and any other area/s on the Mighty River Domain specifically licensed for the sale or service of alcohol) as subject to temporary liquor bans for certain events, dates and time periods, as listed in Appendix 1 of the Staff report (document number ), pursuant to the Waipa District Public Places Liquor Control Bylaw 2008 and the Local Government Act WAIPUKE PROPERTY DEVELOPMENT UPDATE File: P / Pages: Since the last formal report to elected members in December 2014, a number of actions have occurred in relation to Waipuke - the hectare Council-owned property located at 953 Maungatautari Road. The purpose of the staff report is to provide an update on progress of development of the property and to seek the Committee s support for further actions proposed to prepare the property for being opened to the public from December The proposed development of Waipuke Park was widely consulted on both prior to and as part of the Year Plan process. The public were overwhelmingly positive about the proposal and certain common themes were identified in feedback provided to Council. A sum of $417,000 was allocated to stage one development of Waipuke in year one of the 10-Year Plan. The Waipuke Working Group has met twice in 2015 to determine how the public s expectations for the property can best be met. During the early months of 2015 a road engineering firm was commissioned to carry out detailed design of the works required to provide safe vehicular access to the lower terrace of the property from Maungatautari Road, utilising the existing farm race and linking to the section of sealed track running down the bank to the lower terrace. In May 2015 Council was issued resource consent based on this design, and later that month a contract was awarded (via tender) for the work. Construction commenced in June 2015 and will be complete by mid-august, weather permitting. The major construction components of the project include: Earthworks to widen the accessway Pavement construction (unsealed, other than the entranceway) Upgrade of existing culverts and formation of grass swales Fence removal, relocation and new fences Traffic signs and pavement marking In April 2015 an archaeologist s report was commissioned upon the recommendation of Heritage NZ. Maori modified soils were identified in a large number of soil Page 6 of

7 Finance & Corporate Support Committee Agenda samples taken from the site, with some 10+ borrow pits identified on each of the upper and lower terraces. The location of these borrow pits did not limit work on the accessway, but do provide opportunities for interpretive signage and the like on the lower terrace of the property. A landscape architect has recently been engaged to create a detailed concept plan for the 2ha portion of the lower terrace of the property that is to be opened to the public later this year. The brief for this body of work was based on recommendations from the Waipuke Working Group, as guided by feedback from the public. Appendix 1 of the staff report contains a Property Development Plan summarising the key issues that have been considered by the Waipuke Working Group for the stage 1 development of Waipuke Park. Recommendation That: a) The report of Jane Blackmore, Property Advisor be received; and b) The Finance and Corporate Committee confirm their support for the Waipuke Working Group s Property Development Plan as set out in Appendix 1 of the staff report (document number ). 7 Page 7 of

8 8 Finance & Corporate Committee Minutes Time: 1.00pm Date: Wednesday 22 July 2015 Venue: 1 PRESENT Chairperson Cr A Brown Council Chambers, 101 Bank Street, Te Awamutu Members His Worship the Mayor JB Mylchreest, J Bannon, EH Barnes, AJ Bishop, M Gower, L Hoverd, S Milner, EM Stolwyk, CSC St Pierre, BS Thomas, GRP Webber, VT Wilson In attendance Group Manager Business Support K Morris; Manager Finance K Perumal; Manager Property Services D Harpur; Property Advisor L Spalding; Property Advisor J Blackmore; Property Advisor T Ambury, Property Advisor S Rufer; Communications Advisor N Palmer; Manager Human Resources S Shores; Health and Safety Coordinator B Taylor; Consultant Communications Advisor J Tyrell; Governance Support Senior C Shaw Public and Press 2 2 APOLOGIES There were no apologies. 3 DISCLOSURE OF MEMBERS INTERESTS There were no new disclosures. 4 VISITORS Nicki de Reuss and David Day from the Cambridge Community Agencies Network Trust were in attendance for item 8.

9 9 Finance & Corporate Committee Minutes 5 MINUTES OF PREVIOUS MEETING RESOLVED 3/15/44 That the minutes of the Finance & Corporate Committee meeting held on 16 June 2015 be confirmed as a true and correct record. Cr St Pierre/Cr Gower 6 LATE ITEMS There were no late items. 7 CONFIRMATION OF ORDER OF MEETING File: RESOLVED 3/15/45 That the order of the meeting be confirmed. Cr St Pierre/Cr Thomas 8 CAMBRIDGE COMMUNITY HOUSE File: p Property Advisor J Blackmore presented her report and introduced Nicki de Ruess and David Day from the Cambridge Community Agencies Network Trust to the Committee. In response to a question from Cr Bannon relating to the future need for pensioner housing for the aging population, and the requirement to ensure that land and capital was protected for this purpose, Ms Blackmore indicated that there was free area within the existing site for growth even without the area to be leased to the Trust. Mayor Mylchreest said that Council needed to be sure that the pensioner housing portfolio is not compromised if this land is re-designated and no longer available for a pensioner housing purpose. Group Manager Business Support said that the concerns were valid and staff would explore the options for compensating the Pensioner Housing funds and report back to a future meeting. A further recommendation was added to this effect

10 10 Finance & Corporate Committee Minutes In response to questions relating to the length of the lease, the Committee were advised that there is a legislative restriction in relation to the length of this type of community lease and there were very few exceptions to our standard community lease policy tenures. Group Manager Business Support suggested a reword to part b) of the recommendation to reflect that this is a matter that can be decided by the Committee without reference to full Council. RESOLVED 3/15/46 That a) The report of Jane Blackmore, Property Advisor be received; b) The Finance and Corporate Committee resolve that: i) Council exercise its powers under s52(4) to (8) of the Public Works Act 1981 to change the purpose of an area of around 830m² as indicated on the plan included as Appendix 1 of this report (document number ), being Part Lot 1 DP and comprising an area of around 750m² to be used by the Cambridge Community Agencies Network Trust and an area of around 80m² occupied by the Shakespeare Street public toilets, from Aged Persons Housing to community buildings ; ii) Pursuant to s12(2)(a) of the Local Government Act 2002, Council sell to the Cambridge Community Agencies Network Trust for ONE DOLLAR ($1.00) the Cambridge Community House building located on Part Lot 1 DP 30148, the date of sale to be 1 October 2015; and iii) Council accept a surrender of the lease from the Cambridge Community Agencies Network Trust between Council and the Trust dated 1 November 1989 for the land comprising approximately 530m² being Part Lot 1 DP and, pursuant to s45 of the Public Works Act 1981, lease 750m² of the area referred to in paragraph b(i) above to the Cambridge Community Agencies Network Trust for a term of five (5) years plus two (2) rights of renewal of five (5) years each and subject to Council s standard community lease terms and conditions. c) That staff explore the manner in which the pensioner housing fund can be protected in regard to this loss of land and report back to a future meeting of this committee. Cr Bishop/Mayor Mylchreest

11 11 Finance & Corporate Committee Minutes 9 FUTURE USE OF PROPERTY AT 205 SAINSBURY ROAD, PIRONGIA Property Advisor Sharon Rufer presented her report and advised the Committee that the figure stated in the report for the demolition of the dwelling and outbuildings was incorrect. She said the quote did not include the removal of all the solid waste and with that provision included the cost would be $55,000. Cr St Pierre asked whether the funds generated from the property were able to be used District wide. She said that prior to the local body amalgamation the reserves were tagged for the benefit of the Township of Pirongia and while there may have been an assumption that since amalgamation the benefits could be applied District wide, she would question that. In response Group Manager Business Support said staff will investigate if there is any restriction on how or where the funds can be utilised. Cr Wilson queried why a consultant was employed to report on the state of the building when it just confirmed what was already known. In response, Manager Property Services Dawn Harpur said the consultant gave us a structural point of view and the structural damage was far in advance of what staff had envisaged. Cr St Pierre said it was prudent to have the professional report as if Council are ever questioned regarding the need for demolition we have clear support. RESOLVED 3/15/47 That a) The report of Leonie Spalding and Sharon Rufer, Property Advisors be received; b) The Committee approve that the dwelling and outbuildings on the site at 205 Sainsbury Road, Pirongia are demolished and all materials are removed to leave a clear site, at a cost of $55,000, which will come from savings in other Property budgets; c) Council staff initiate a review process to make appropriate amendment to the Urban Reserves Management Plan (Volume 2, Pirongia, Kihikihi & Ohaupo), 2006, to allow afforestation, in accordance with the requirements of the Reserves Act Mayor Mylchreest/Cr Gower

12 12 Finance & Corporate Committee Minutes 10 FINANCIAL REPORT FOR THE PERIOD ENDED 30 JUNE 2015 File: Manager Finance Kumaren Perumal presented the Financial Report for the period ended 30 June 2015 and answered questions of clarification and interest from the Committee. Staff were complimented on the outstanding rates collection achievement. There was considerable discussion regarding impact, particularly on our dairy farming ratepayers, once the rates notices are received in the next week or so. Group Manager Business Support said that the Revenue Team and front line staff are prepared for questions and will be supportive of any ratepayers with significant concerns. There was an undertaking that Councillors would be kept informed of any significant feedback. RESOVLED 3/15/48 That the information contained in the report of Sherryn Paterson, Management Accountant, be received. Cr Bishop/Cr Bannon 11 FRAUD POLICY File: Manager Finance Kumaren Perumal presented his report introducing the Fraud Policy and answered questions of clarification and interest. RESOLVED 3/15/49 That a) The report of Kumaren Perumal, Manager Finance be received; b) The Committee consider, and subject to any amendments, adopt the Waipa District Council Fraud Policy 2015 (document number ) to be effective from 23 July Cr Bishop/Cr Gower

13 13 Finance & Corporate Committee Minutes 12 HEALTH AND SAFETY QUARTERLY REPORT File: /3 Manager Human Resources Steph Shores and Health and Safety Advisor Bev Taylor presented the Health and Safety Quarterly Report and answered questions of clarification and interest. In response to questions relating to the collation of information regarding accidents, the Committee were advised the relevant information is collected by the Health and Safety Advisor through a manual report process and presented to the Executive. Ms Shores said work is underway to move to an electronic system which will enable the information to be extracted and reported on more fully. A high level assessment may be available for inclusion in the next quarterly report. RESOLVED 3/15/50 That the information contained in the report of Stephanie Shores, Manager HR, be received. Cr Webber/Cr Bannon There being no further business the meeting closed at 2.41pm CONFIRMED AS A TRUE AND ACCURATE RECORD OF PROCEEDINGS CHAIRPERSON: DATE:

14 14 Finance and Corporate Committee Report To: From: Subject: The Chairperson and Members of the Finance and Corporate Committee Manager Finance Meeting Date: 18 August 2015 File Reference: Introduction of four-monthly reporting cycle 1 EXECUTIVE SUMMARY In recent years Council staff have provided elected members with regular financial and service performance reporting on the basis of a comprehensive quarterly report at the end of each quarter and shorter-form, higher level, monthly financial reporting in the intervening months. The purpose of this report is to propose a change to the frequency of producing the more comprehensive quarterly reports. Officers are recommending we shift from quarterly reporting to four-monthly reporting. These reports would be prepared for the reporting periods ending 31 October and 28 (or 29) February. Officers believe this change will not detract from elected members responsibility to monitor the financial and non-financial performance of Council while creating a more efficient and effective reporting system by reducing the number of these detailed reports from three to two a year. The predominant focus of the quarterly report from a financial perspective is the financial reforecast and a large amount of staff time across the business goes into these reforecasts. Currently the quarterly timing does not work well for this with the first reforecast required less than three months into the year and with the results of the last reforecast reported with less than three months of the year left. With the shift to four-monthly reporting and realigning the reforecasts to match there will be a focus on more robust reforecasting and better use of this information. The monthly reporting processes that supplement the four monthly report would remain unchanged and we will keep to current reporting timeframes which see the reports complete and circulated with the Committee agenda in the second week after the close of the reporting period

15 15 2 RECOMMENDATION That a) The report of Kumaren Perumal, Manager Finance be received; b) The Committee approve a change from quarterly financial and non-financial performance reporting, to four-monthly reporting with these reports prepared for the periods ending 31 October and 28 (or 29) February each year. 3 STAFF COMMENT While the quarterly reporting process enforces good discipline for regular reporting on organisational performance it does place huge demand on the many staff across the organisation that are involved in the reporting process. This resulted in officers reviewing the quarterly reporting process. During officer discussions on this matter the benefit derived from preparing three comprehensive reports a year was questioned after taking into account the substantial demand on staff time required to produce these reports. It was also identified that the current quarterly timing does not work well for the associated and underlying reforecasting with the first reforecast required less than three months into the year and with the results of the last reforecast reported with less than three months of the year left. It is suggested that the current quarterly reporting is shifted to four-monthly reporting with two four-monthly reports prepared each year. This would significantly reduce the burden placed on the Finance and Strategy teams and on the many managers across the wider business involved in reforecasting and allow these staff more time to place greater focus on all reporting elements and better use of this information. The monthly financial reporting processes will remain as they are currently and supplement the four-monthly reports. The current reporting timeframes which see the reports complete and circulated with the Committee agenda in the second week after the close of the reporting period will also remain unchanged. Financial status This decision has no financial impact. Strategy, Policy or Plan context There are no policy or planning implications arising from a change to the quarterly reporting process. Introduction of four-monthly reporting cycle Page 2 of

16 16 Assessment of Significance and Engagement The proposed change to quarterly reporting process is not considered to be of sufficient significance to require public engagement or consultation. Kumaren Perumal MANAGER FINANCE Reviewed by Jennie McFarlane MANAGER LEGAL AND CORPORATE Approved by Ken Morris GROUP MANAGER BUSINESS SUPPORT Introduction of four-monthly reporting cycle Page 3 of

17 17 Finance and Corporate Committee Report To: The Chairperson and Members of the Finance and Corporate Committee From: Property Advisor Subject: Mighty River Domain Temporary Liquor Bans for 2015 / 2016 Summer Season Meeting Date: 18 August 2015 File Reference: P EXECUTIVE SUMMARY Temporary liquor bans have been utilised on the Mighty River Domain, Lake Karāpiro ( the Domain ) over the last four summer seasons to control alcohol consumption and related issues during organised events and Christmas / New Year busy periods. It is the opinion of site management, Council staff and local representatives of the NZ Police that the implementation of temporary liquor bans on the Domain during summer events has been a positive move. It is recommended that temporary liquor bans be implemented on the Domain again during the 2015/2016 summer season, in a very similar manner to that of the previous season. Appendix 1 contains a list of recommended dates/events/times. As with the previous seasons, it is suggested that the proposed bans exclude the 5-9pm period, to enable Domain visitors to socialise informally at the end of each day s activities, with the exception of the hydroplane event commencing 6 February 2016 (for which a 24 hour per day ban is sought). The use of trained security staff overnight along with wide notification of the bans (via newspaper advertisements, signage on site, website and e-newsletter reminders and public address system announcements during events) help to encourage Domain visitors to adhere to the temporary liquor bans whilst they are in effect. 2 RECOMMENDATION That: a) The information contained in the report of Jane Blackmore, Property Advisor be received. b) The Finance and Corporate Committee recommends that Council resolve to specify the Mighty River Domain, Lake Karāpiro (excluding any leased facilities

18 18 and the Don Rowlands Centre and any other area/s on the Mighty River Domain specifically licensed for the sale or service of alcohol) as subject to temporary liquor bans for certain events, dates and time periods, as listed in Appendix 1 (document number ), pursuant to the Waipa District Public Places Liquor Control Bylaw 2008 and the Local Government Act OPTIONS AND STAFF COMMENT Prior to the adoption of temporary liquor bans on the Domain in 2011 alternative options were considered by staff and advice was sought from the NZ Police in relation to the matter. Issues surrounding use of the temporary bans were vigorously debated by elected Council at the time that the first season s ban dates / times were presented for approval. The implementation of temporary liquor bans on the Domain has been successful in reducing problems associated with consumption of alcohol on the site, so both staff and local representatives of the NZ Police believe that the repeated use of bans each summer season is both justifiable and necessary. Significant alcohol-related issues occurred during the hydroplane event (Acceleration on Water) held on the Domain in late January / early February The seriousness of those incidents led staff to consider how best to manage behaviour at future hydroplane events. A full (i.e. 24 hour per day) liquor ban was utilised to good effect at both the March 2014 and late January / early February 2015 hydroplane events, where alcohol related issues were prevented from occurring. A full liquor ban is therefore recommended for the next hydroplane scheduled for early February Professional security staff will be contracted to support site staff in implementing the proposed bans and local police will also have an intermittent presence. Financial status The proposed implementation of Temporary Liquor Bans requires that the public be notified of the bans, both through prior advertising and by the use of signage on site. The relevant signage is already owned by Council and the cost of the necessary advertising has been allowed for in the site s operating budget. Assessment of Significance The adoption of temporary liquor bans on the Domain for the first time (in 2011) was motivated by the consideration of feedback from the community and consultation with local representatives from the NZ Police. The matter was assessed as having a medium level of significance at that time and engagement with affected parties (i.e. Domain/Lake users, event organisers and local residents) was therefore thought to be important. The proposal was met with widespread support. Given that Temporary Liquor Bans have been utilised to good effect on the Domain for several seasons now, the implementation of these bans during the 2015 / 2016 Mighty River Domain Temporary Liquor Ban for 2014 / 2015 Summer Season Page 2 of

19 19 summer season is considered to be an operational matter and therefore to have a low degree of significance for the community. For this reason it is proposed that Council carry out the notification required of it by the Waipa District Public Places Liquor Control Bylaw 2008 and otherwise engage with affected parties and/or the general public as and when required. Jane Blackmore PROPERTY ADVISOR Approved by Dawn Harpur MANAGER PROPERTY SERVICES Reviewed by Jennie McFarlane MANAGER LEGAL & CORPORATE SUPPORT Mighty River Domain Temporary Liquor Ban for 2014 / 2015 Summer Season Page 3 of

20 20 SUPPORTING INFORMATION: ASSESSMENT OF PROPOSAL 1 Statutory and policy requirements Drinking in public places in New Zealand is legal for over 18 year olds, unless there is an alcohol ban in place. Alcohol bans are becoming increasing popular as a means to reduce alcohol related crime, violence and public disorder in public places. An alcohol ban prohibits the possession or consumption of liquor for specific days, hours and public locations. Statutory Requirements Under Section 147 of the Local Government Act 2002, Local Authorities, in conjunction with the NZ Police ( Police ), are able to create alcohol free areas. Bans must be enacted as a Local Authority bylaw following a special consultative procedure. The Waipa District Public Places Liquor Control Bylaw 2008 ( the Bylaw ) sets aside areas within the town centres of Cambridge, Leamington, Kihikihi and Te Awamutu as permanent liquor ban areas; however section 6.2 of the Bylaw allows Council to approve temporary liquor bans for additional public places on the proviso that notification and advisory signage is used to inform the public of the temporary ban. Given that temporary bans do not constitute an amendment to the Bylaw, rather the exercising of a power under the Bylaw, the special consultative procedure specified in the Local Government Act 2002 does not need to be followed. The Liquor Ban Bylaw is currently under review so if there are any changes to that which affect this proposal (which covers in to next year), then the matter will need to be considered against the new Bylaw. Members of the NZ Police are empowered under sections 169 and 170 of the Local Government Act 2002 to enforce the Bylaw. A liquor ban gives members of the NZ Police power to search a person for alcohol and then seize, destroy or confiscate it. Anyone knowingly disobeying a ban can be fined or arrested. Police must first warn people who are in breach of a ban and give them the opportunity to either leave the area or cease drinking and/or carrying alcohol. In areas not subject to a liquor ban, the Police s actions in respect of alcohol-affected persons are limited to those specified in section 36 of the Policing Act 2008 Care and protection of intoxicated people. Consistency with Operative Council Policy, Strategy and Plans Neither Council s Procedural Policy Manual 2010 nor any other of its general guiding documents deal with the topic of how liquor consumption should be controlled on Waipa parks and reserves. Council has a Liquor Licensing Policy 2003 but this was drafted prior to the changes brought in by the Local Government Act 2002 and doesn t cover temporary bans. Mighty River Domain Temporary Liquor Ban for 2014 / 2015 Summer Season Page 4 of

21 21 The operative (2011) Karāpiro Lake Domain (Mighty River Domain) Reserve Management Plan contains the following section regarding liquor: 5.16 LIQUOR LICENSES Objective The sale and consumption of liquor is undertaken in a responsible and controlled manner Policies To allow, within the Don Rowlands Centre or any authorised cafe within the Karāpiro (Mighty River) Domain, the sale of liquor associated with events, functions or organised activities, subject to appropriate liquor licensing controls. To restrict the sale and / or supply of alcohol for organised events, functions or activities unless authorised through the Karāpiro (Mighty River) Domain Site Manager. To restrict the possession and / or consumption of alcohol during (or in conjunction with) organised events, functions or activities to within specified areas as determined by the Karāpiro (Mighty River) Domain Site Manager, and detailed in Conditions of Hire. 2 Background to proposal In October 2011, at the recommendation of the Mighty River Domain and Karāpiro Reserves Committee and Cambridge Community Board, Council resolved to specify the Mighty River Domain, Lake Karāpiro ( the Domain ) (excluding certain facilities) as subject to temporary liquor bans for certain events/dates in the 2011/2012 summer season, pursuant to the Waipa District Public Places Liquor Control Bylaw This was promoted by staff and supported by the NZ Police as an appropriate method of addressing an increase in problems associated with the consumption of alcohol by visitors to the Domain, particularly during organised events. The proposal was discussed with Domain/Lake users, event organisers and local residents prior to implementation, and was found to have widespread support. The bans were seen as being complementary to other control mechanisms already in use on the Domain (such as event management plans, hire contracts and Council policies) with the added advantage of enabling enforcement by the NZ Police. At the time that temporary bans were agreed on for the 2011/2012 summer season, it was decided that a review take place at the end of the season to determine whether the bans had been helpful. As the temporary bans proved to be a successful Mighty River Domain Temporary Liquor Ban for 2014 / 2015 Summer Season Page 5 of

22 22 method of controlling alcohol consumption and related issues on the Domain, it was then decided that this would become an annual process, with the provision of dates of temporary bans required for the coming summer season, and that these would subsequently be publically notified. The 2011/2012 season was not without its challenges, with site staff experiencing alcohol related issues during two major events on site. Implementation of the temporary liquor bans went more smoothly during the 2012/2013 season and the early part of the 2013/2014 season, with the bans enabling alcohol related issues to be prevented and controlled more effectively than in prior years. Feedback from Domain/Lake users, local residents and most event organisers has been very positive. Significant alcohol-related problems associated with a hydroplane event held at the Domain in late January / early February 2014 caused staff to promote the use of a complete (i.e. 24 hour per day) liquor ban for the March 2014 hydroplane event. Council approved this recommendation in its 25 February 2014 meeting and the subsequent implementation of the full liquor ban proved a success. 3 Organisation strategic goals Connected with our community - Consultation and communication The move to implement temporary liquor bans on the Domain four years ago was a response to feedback from Domain neighbours and local representatives from the NZ Police in relation to the negative effects of alcohol consumption related behaviour during certain events held on the Domain. Socially Responsible - Community impacts Staff view the proposed temporary liquor bans as a socially responsible move, to ensure that events held on the Domain are enjoyed by event participants and members of the public without them having a significant negative impact upon other Domain users, neighbours and staff. Mighty River Domain Temporary Liquor Ban for 2014 / 2015 Summer Season Page 6 of

23 23 Appendix 1 Temporary Liquor Ban Calendar Dates Times Event 2015 Aug am - 5pm / 9pm pm daily Masters Rowing Regatta Sep am - 5pm / 9pm pm daily KRI and BOP Masters Rowing Regatta Oct am - 5pm / 9pm pm daily Te Awamutu Rowing Regatta Nov am - 5pm / 9pm pm daily WBOP Schools Sprint Triathlon Nov 7/ am - 5pm / 9pm pm daily Armistice in Cambridge Nov am - 5pm / 9pm pm daily Spring Rowing Regatta Nov am - 5pm / 9pm pm daily Vintage Tractor Club Swap Meet Nov am 5pm / 9pm 11.59pm daily TriMaori Festival Nov am 5pm / 9pm 11.59pm daily Stragglers Classic Car Show Nov am - 5pm / 9pm pm daily KRI Club Rowing Regatta Dec am - 5pm / 9pm pm daily Regional Waka Ama Champ s Dec am - 5pm / 9pm pm daily Christmas Rowing Regatta Dec 24/ am - 5pm / 9pm pm daily no event - Christmas campers Dec 31/ Jan am - 5pm / 9pm pm daily no event New Year campers 2016 Jan am - 5pm / 9pm pm daily Volleyball NZ Karapiro Open Jan am - 5pm / 9pm pm daily Waka Ama Sprint Nationals Jan am - 5pm / 9pm pm daily Cambridge Town Cup Rowing Regatta Feb 6/ am pm daily NZ Hydroplanes Acceleration on Water Feb am - 5pm / 9pm pm daily NZ Club Rowing Champ s Feb am - 5pm / 9pm pm daily Canoe Racing National Champ s Feb 29-Mar am - 5pm / 9pm pm daily Elite & Under 23 National Rowing Trials Mar 5/ am - 5pm / 9pm pm daily Mighty River Power Junior Rowing Regatta Mar am - 5pm / 9pm pm daily North Island Sec School Rowing Champ s Mighty River Domain Temporary Liquor Ban for 2014 / 2015 Summer Season Page 7 of

24 24 Finance and Corporate Committee Report To: From: Subject: The Chairperson and Members of the Finance and Corporate Committee Property Advisor Meeting Date: 18 August 2015 File Reference: Waipuke Property Development Update P EXECUTIVE SUMMARY Since the last formal report to elected members in December 2014, a number of actions have occurred in relation to Waipuke - the hectare Council-owned property located at 953 Maungatautari Road. The purpose of this report is to provide an update on progress of development of the property and to seek the Committee s support for further actions proposed to prepare the property for being opened to the public from December The proposed development of Waipuke Park was widely consulted on both prior to and as part of the Year Plan process. The public were overwhelmingly positive about the proposal and certain common themes were identified in feedback provided to Council. A sum of $417,000 was allocated to stage one development of Waipuke in year one of the 10-Year Plan. The Waipuke Working Group has met twice in 2015 to determine how the public s expectations for the property can best be met. During the early months of 2015 a road engineering firm was commissioned to carry out detailed design of the works required to provide safe vehicular access to the lower terrace of the property from Maungatautari Road, utilising the existing farm race and linking to the section of sealed track running down the bank to the lower terrace. In May 2015 Council was issued resource consent based on this design, and later that month a contract was awarded (via tender) for the work. Construction commenced in June 2015 and will be complete by mid-august, weather permitting. The major construction components of the project include: Earthworks to widen the accessway Pavement construction (unsealed, other than the entranceway) Upgrade of existing culverts and formation of grass swales Fence removal, relocation and new fences Traffic signs and pavement marking

25 25 In April 2015 an archaeologist s report was commissioned upon the recommendation of Heritage NZ. Maori modified soils were identified in a large number of soil samples taken from the site, with some 10+ borrow pits identified on each of the upper and lower terraces. The location of these borrow pits did not limit work on the accessway, but do provide opportunities for interpretive signage and the like on the lower terrace of the property. A landscape architect has recently been engaged to create a detailed concept plan for the 2ha portion of the lower terrace of the property that is to be opened to the public later this year. The brief for this body of work was based on recommendations from the Waipuke Working Group, as guided by feedback from the public. Appendix 1 contains a Property Development Plan summarising the key issues that have been considered by the Waipuke Working Group for the stage 1 development of Waipuke Park. 2 RECOMMENDATION That: a) The report of Jane Blackmore, Property Advisor be received; and b) The Finance and Corporate Committee confirm their support for the Waipuke Working Group s Property Development Plan as set out in Appendix 1 of this staff report (document number ). 3 OPTIONS AND STAFF COMMENT A working group of elected members and staff was set up in May 2014, primarily to devise a strategy for the future development and use of Waipuke. The working group has visited the property several times and held a series of formal meetings over the intervening months to progress this body of work. Recent meetings of the Working Group have been focused on feedback received from the public during formal consultation opportunities. Physical works to date relate to enabling the public to safely gain access to the property. Additional works, as outlined in the Property Development Plan (Appendix 1) will enhance the aesthetics and functionality of the first 2ha of Waipuke to be opened up for public use in December Strategy, Policy or Plan context The Proposed Waipa District Plan - Decisions Version ( PDP ) was notified by Council on 30 May A small number of sections of the PDP are subject to an Environment Court appeal, but all others are now operative. The Waipa District Plan is a key document for the District, as it contains policy guidance and rules on development and subdivision, and also seeks to protect important buildings, landscapes and natural areas. Waipuke Property Development Update Page 2 of

26 26 The PDP anticipates development of the lower terrace of Waipuke for public use, by including it in the Reserves Zone. This new zone acknowledges that there is a significant amount of land in the district that has been classified as reserve under the Reserves Act, but that various areas of fee simple and endowment land administered by Council is also used for reserve purposes. The Reserves Zone strives to align District Plan provisions with Reserve Management Plans developed under the Reserves Act 1977 and Reserve Concept Plans developed under the Local Government Act Given that Waipuke is located on the shores of Lake Karāpiro, it is appropriate for Council to consider the future use and development of the property in light of both the Karāpiro Lake Domain (Mighty River Domain) Reserve Management Plan (September 2011) and the draft Lakes Arapuni and Karāpiro Reserves Management Plan. The former of these documents notes existence of the property in s3.3 (referring to it as the Geck Farm ) and anticipates that the lakeside portion of the property will be developed for recreational purposes. It notes: Although there is no physical linkage between Karāpiro (Mighty River) Domain and the Geck Farm, there is potential for the Geck property to accommodate activities or facilities that are no longer suited to the Domain. In this respect, the Geck property is potentially complimentary to Karāpiro (Mighty River) Domain, albeit that the form and scale of development is undecided at this stage. The latter of these documents, whilst still in draft format, contains useful information about other lakeside reserves in the Waipa district. It provides a commentary on various issues faced by Council in providing recreational opportunities for the community at these rural, far flung locations and both notes current arrangements and suggests policies that will assist with Council s future management of these areas. Waipa s Community Leisure Plan was adopted in May It is the guiding strategic document for the provision and development of the District s recreational facilities. The Community Leisure Plan articulates the following Vision: Waipa is a District with vibrant and diverse leisure opportunities based on its natural environment, quality infrastructure, strong traditions and partnerships, and timely innovation. The Community Leisure Plan states that Council will provide healthy and balanced lifestyle opportunities in the following ways: supporting the community s physical well-being by making physical activity opportunities accessible, attractive, and affordable, supporting the community s mental, social and cultural well-being by providing and promoting programmes, services and facilities that foster Waipuke Property Development Update Page 3 of

27 27 creativity, achievement, excitement and involvement, giving residents a strong sense of belonging and pride in their local community and District, working closely with partner agencies to achieve the common goals of an active and positive community, promoting and supporting an affordable and balanced infrastructure that meets current and future leisure needs, and providing leadership in identifying the future leisure needs of District residents and visitors and being visionary in supporting developments to meet these needs. Council s proposed development of Waipuke clearly meets a number of these objectives. Section of the Procedural Policy Manual 2010 (updated 27 June 2012) confirms the appropriateness of Council leasing the balance of Waipuke for farming purposes, by stating that: All Council owned, administered or controlled land, including Endowment, whether classified reserve or not, may be leased or rented to ensure best use and provide a market return for the property. Assessment of Significance and Engagement The Waipuke property is a significant Council asset and has been ear-marked to provide a core service (as a recreational facility) to the public in the future. Staff believed that this fact coupled with the scale of funding required to provide necessary infrastructure upon Waipuke warranted wide public engagement to inform the preparation of a property development plan. Public views on the proposed development and opening of Waipuke were canvassed through the Let s Get Engaged consultation campaign in late Activity related to the development of the property was then identified as a Key Project in the Year Plan, and in early 2015 Council engaged with the public through a Special Consultative Process in relation to formulating the Plan. Waipuke attracted a high level of public interest through the above consultation processes and the opinions expressed were overwhelmingly positive. Common themes were able to be identified from the range of public feedback collected and these themes have guided the Waipuke Working Group in its planning. Liaison and consultation with key stakeholder groups is ongoing in relation to development of the Waipuke property. Local iwi (Ngati Koroki Kahukura in particular), the Waikato Regional Council, Heritage NZ, Mighty River Power and Transpower are a selection of those groups that either have or will be approached for input. It is considered appropriate for Council to keep the public informed of the progress of the development of Waipuke via a series of press releases leading up to its opening in Waipuke Property Development Update Page 4 of

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