4 May 2017
Memo
to: Mayor and
Councillors
Memo
from: Administration Advisers
Subject: Council – 4 MAY 2017 – LATE ITEM
23. Late
Item: Commercial Subcommittee - 27 April 2017 – Public Minutes 5
- 10
Document
M2531
Minutes of
the Commercial Subcommittee meeting on 27 April 2017 are attached to be
considered as a major late item at this meeting. These minutes were
listed as item 23 on the public agenda for the Council meeting on 4 May 2017 to
ensure elected members were aware that they would be presented to this meeting.
Section
46A(1)-(6) of the Local Government Official Information and Meetings Act 1987
and Standing Order 2.15.8 require that agendas are distributed with the
associated reports. As these minutes were not distributed with the agenda
for this meeting, they must be treated as a major late item to be considered at
this meeting.
In accordance
with section 46A(7) of the Local Government Official Information and Meetings
Act 1987 and Standing Order 3.7.5, a procedural resolution is required before a
major item that is not on the agenda for the meeting may be dealt with.
In accordance
with section 46A(7)(b)(i) the reason why the item was not on the agenda is
because it came to hand after the agenda had been distributed.
In accordance
with section 46A(7)(b)(ii) the reason why discussion of this item cannot be
delayed until a subsequent meeting is because a resolution on the matter is
required before the next scheduled meeting of the Council to enable a timely
decision to be made.
Recommendation
That the Council
Considers the public item
regarding Commercial Subcommittee Minutes – 27 April 2017 at this meeting
as a major item not on the agenda, pursuant to Section 46A(7)(a) of the Local
Government Official Information and Meetings Act 1987, to enable a timely
decision to be made.
23. Late
Item: Commercial Subcommittee - 27 April 2017 – Public Excluded Minutes
Document
M2532
Public
Excluded minutes of the Commercial Subcommittee meeting on 27 April 2017 are to
be considered as a major late item at this meeting. These minutes were
listed as item 15 on the public excluded agenda for the Council meeting on 4
May 2017 to ensure elected members were aware that they would be presented to
this meeting.
Section
46A(1)-(6) of the Local Government Official Information and Meetings Act 1987
and Standing Order 2.15.8 require that agendas are distributed with the
associated reports. As these minutes were not distributed with the agenda
for this meeting, they must be treated as a major late item to be considered at
this meeting.
In accordance
with section 46A(7) of the Local Government Official Information and Meetings
Act 1987 and Standing Order 3.7.5, a procedural resolution is required before a
major item that is not on the agenda for the meeting may be dealt with.
In accordance
with section 46A(7)(b)(i) the reason why the item was not on the agenda is
because it came to hand after the agenda had been distributed.
In accordance
with section 46A(7)(b)(ii) the reason why discussion of this item cannot be
delayed until a subsequent meeting is because a resolution on the matter is
required before the next scheduled meeting of the Council to enable a timely
decision to be made.
Recommendation
That the Council
Considers the public excluded item
regarding Commercial Subcommittee Minutes 27 April 2017 at this meeting as a
major item not on the agenda, pursuant to Section 46A(7)(a) of the Local Government
Official Information and Meetings Act 1987, to enable a timely decision to be
made.
Public Excluded Business
1. Exclusion
of the Public
Recommendation
That the Council
Excludes
the public from the following parts of the 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:
|
Item
|
General subject of each matter to be considered
|
Reason for passing this resolution in relation to each matter
|
Particular interests protected (where applicable)
|
|
1
|
Commercial
Subcommittee Meeting - Public Excluded Minutes - 27 April 2017
These
minutes contain recommendations to Council regarding
225 Akersten
Street - commercial tenancy
Strategic
Property Acquisition
|
Section
48(1)(a)
The public
conduct of this matter would be likely to result in disclosure of information
for which good reason exists under section 7.
|
The
withholding of the information is necessary:
· Section
7(2)(h)
To enable the local authority to carry
out, without prejudice or disadvantage, commercial activities.
· Section
7(2)(i)
To enable the local authority to carry
on, without prejudice or disadvantage, negotiations (including commercial and
industrial negotiations).
|
15. Commercial Subcommittee -
27 April 2017 5
- 10
Recommendation
That the Council
Receives the unconfirmed minutes of a meeting of
the Commercial Subcommittee, held on 27 April 2017.
15.1
Forestry Advisory Group
Recommendation to
Council
That the
Council
Establishes
the Forestry Advisory Group; and
Confirms
the members of the Forestry Advisory Group are the Chair of the Commercial
Subcommittee, Her Worship the Mayor, Councillor Luke Acland, an independent
external forestry expert (Mr Peter Gorman), and two Council officers of which
one will be the Group Manager Infrastructure.
Present: Mr
J Murray (Chairperson), Her Worship the Mayor R Reese, Councillors I Barker and
M Courtney
In Attendance: Councillors G Noonan and S
Walker, Chief Executive (C Hadley), Group Manager Corporate Services (N
Harrison), and Administration Adviser (S Burgess)
Apologies: Councillor
L Acland and Mr J Peters
2. Apologies
3. Confirmation
of Order of Business
The Chairperson advised of one late item for the
public excluded part of the meeting, and that the following resolution needed
to be passed for the item to be considered:
3.1 Strategic
Property Acquisition
|
Resolved
COM/2017/002
That the Subcommittee
Considers the public excluded
item regarding Strategic Property Acquisition at this meeting as a major item
not on the agenda, pursuant to Section 46A(7)(a) of the Local Government
Official Information and Meetings Act 1987, to enable a timely decision to be
made.
Murray/Courtney Carried
|
|
Attachments
1 M2527 - Late Item Memo -
Strategic Property Purchase
|
4. Interests
There were no updates to the
Interests Register, and no interests with items on the agenda were declared.
5. Public
Forum
There was no public forum.
6. Chairperson's
Report
There was no Chairperson’s Report.
7. Forestry
Advisory Group
Document number R7509, agenda pages
6 - 12 refer.
The Chief Executive, Clare
Hadley, presented the report.
Attendance: Her Worship the Mayor joined the meeting at
1.12pm.
Mrs Hadley responded to questions regarding the
proposed terms of reference for the Forestry Advisory Group (the Group),
officer involvement, delegations, reporting, decision-making processes,
strategic context, and the review period for the Group.
Some concern was raised with the level of
decision-making power proposed for the Group. Mrs Hadley clarified that the
matters the Group would be considering were within the level of officer
delegated authority.
It was suggested the terms of reference could be
amended to clarify and expand on matters raised by the Subcommittee. It was
agreed that the terms of reference and amendments to the Delegations Register
would be left to lie on the table.
On the suggestion to have two elected members in the
Group to increase governance oversight, it was agreed that Her Worship the
Mayor would be added to the proposed Group membership.
|
Resolved COM/2017/003
That
the Subcommittee
Receives
the report Forestry Advisory Group (R7509) and its attachments (A1741123 and
A1741119); and
Leaves
the Forestry Advisory Group Terms of Reference (A1739267) and amendments to
the Delegations Register (A1741119) to lie on the table.
Barker/Courtney Carried
|
|
Recommendation to Council COM/2017/004
That
the Council
Establishes
the Forestry Advisory Group; and
Confirms
the members of the Forestry Advisory Group are the Chair of the Commercial
Subcommittee, Her Worship the Mayor, Councillor Luke Acland, an independent
external forestry expert (Mr Peter Gorman), and two Council officers of which
one will be the Group Manager Infrastructure.
Barker/Courtney Carried
|
8. Exclusion
of the Public
Lee Babe, of Nelmac Ltd, was to
be in attendance for item six of the Public Excluded agenda to answer questions
and, accordingly, the following resolution was passed:
|
Resolved
COM/2017/005
That
the Subcommittee
Confirms,
in accordance with section 48(5) of the Local Government Official Information
and Meetings Act 1987, that Lee Babe of Nelmac Ltd remains after the public
has been excluded, for Item 6 of the Public Excluded agenda (Referred Report:
Nelmac Limited draft Statement of Intent 2017/18), as he has knowledge that
will assist the Subcommittee;
Notes,
in accordance with section 48(6) of the Local Government Official Information
and Meetings Act 1987, the knowledge that Lee Babe possesses relates to the
Nelmac Limited draft Statement of Intent 2017/18.
Murray/Courtney Carried
|
|
|
|
Resolved
COM/2017/006
That
the Subcommittee
Excludes
the public from the following parts of the 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:
Barker/Courtney Carried
|
|
Item
|
General subject of each matter to be considered
|
Reason for passing this resolution in relation to each matter
|
Particular interests protected (where applicable)
|
|
1
|
Public
Excluded Status Report - Commercial Subcommittee - 27 April 2017
|
Section 48(1)(a)
The public conduct of this
matter would be likely to result in disclosure of information for which good
reason exists under section 7
|
The
withholding of the information is necessary:
· Section 7(2)(h)
To enable the local
authority to carry out, without prejudice or disadvantage, commercial
activities
|
|
2
|
225
Akersten Street - commercial tenancy
|
Section 48(1)(a)
The public conduct of this
matter would be likely to result in disclosure of information for which good
reason exists under section 7
|
The
withholding of the information is necessary:
· Section 7(2)(h)
To enable the local
authority to carry out, without prejudice or disadvantage, commercial
activities
|
|
3
|
Haven
Precinct Next Steps
|
Section 48(1)(a)
The public conduct of this
matter would be likely to result in disclosure of information for which good
reason exists under section 7
|
The
withholding of the information is necessary:
· Section 7(2)(h)
To enable the local
authority to carry out, without prejudice or disadvantage, commercial
activities
|
|
4
|
Referred
Report: Nelmac Limited draft Statement of Intent 2017/18
|
Section 48(1)(a)
The public conduct of this
matter would be likely to result in disclosure of information for which good
reason exists under section 7
|
The
withholding of the information is necessary:
· Section 7(2)(i)
To enable the local
authority to carry on, without prejudice or disadvantage, negotiations
(including commercial and industrial negotiations)
|
|
Resolved
COM/2017/007
That
the Subcommittee
Excludes
the public from the following parts of the 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:
Barker/Her Worship the
Mayor Carried
|
|
Item
|
General subject of each matter to be considered
|
Reason for passing this resolution in relation to each matter
|
Particular interests protected (where applicable)
|
|
1
|
Strategic
Property Acquisition
|
Section 48(1)(a)
The public conduct of this
matter would be likely to result in disclosure of information for which good reason
exists under section 7
|
The
withholding of the information is necessary:
· Section 7(2)(i)
To enable the local
authority to carry on, without prejudice or disadvantage, negotiations
(including commercial and industrial negotiations)
|
The meeting went into public excluded session at 2.01pm
and resumed in public session at 5.20pm.
9. Re-admittance
of the Public
There being no further business the
meeting ended at 5.20pm.
Confirmed as a correct record of proceedings:
Chairperson
Date
