Scouts Parents Committee 131023  

Brooklyn Scouts Joint Parent Leaders Committee
Brooklyn Scout Hall, Harrison St, Wellington
Wednesday 23 October 2013

Minutes

Meeting started at 7:05

Apologies
Jenny, Chris

Present
Gillian, Gavin, Sue, David, Terry, Rex, Andrew, Oliver, Bob, Erina, Denise

General Business
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Res: 13/44	: THAT a vote of thanks be given to Chris for all the hours of work put in as Chair of the committee.
		Moved Oliver, Sec Sue. CARRIED U

Jamboree fundraising and grants
Two further BBQs booked
•	23 Nov – Nicky’s mum organising
•	15 Dec – Gussie organising

A note to remember to involve parents who are not on emails. Matthew and his mum keen to help for example.

Infinity grant application is in. Awaiting response.

AP 13/56 	: Develop a handout about the BBQs coming up and how to help
 Gillian

AP 13/57 	: Put ‘Possum’ on venture email group.  David/Oliver

Other grants
Erina has requested an extension to spending the kitchen and basement money. 
The Masons are keen to fund something, but want ideas on something very visible. We need to provide them with options.

AP 13/ 58	: Go back to Masons with the following suggestions: Deck out front (with signage community groups will see); Kitchen appliances; Kitchen cabinetry.
 Erina

WCC Land Lease

Rex provided an update paper summarising the actions on the ground lease (see appendix). Michael Veneer had provided comments. Rex noted many of the standard clauses do not necessarily apply in our situation as we own the building and only lease the land.

Gavin has shared the paper with John Saunders, Zone Leader, who has also been liaising with the Council because other leases are also affected. The Committee noted we are keen to see momentum maintained and Gavin will liaise with John, including Rex in discussions, so that this happens.

Both Gavin and Rex have made it clear in discussions with Council that work currently being conducted on the hall is deferred maintenance.

Res: 13/45	: THAT Rex’s recommendations to add hall hire reporting to the AGM as a standard item to satisfy lease requirements to report to Council on hall usage, and to post a ‘chart’ of hall use rules be accepted.
Moved Oliver, Sec David.  CARRIED U

Res: 13/46 	: THAT the committee pass on a vote of thanks to Rex and Michael for their work on the lease to date.
			Moved Oliver, Sec David.  CARRIED U

AP: 13/59	: Continue to use Google calendar records to record hall hire. Also establish a simple system for Playcentre to record its occasional use (eg fill out a chart on the wall), which Sue will discuss with the new Playcentre president once elected.  Sue

AP: 13/60	: Create and post in the hall a simple list of hall use rules. Gillian/Oliver

Basement
Rex presented a draft plan to get basement work underway. It’s essential we build some momentum on this so that we can use the money granted to us within the (hopefully) extended timeframe. Rex confirmed Chris is happy to help with basement building work. His plan also included a draft communique for our Scout community about what is planned.

Andrew asked for visibility of costs so that we can monitor potential cost over-run or timing risks. Rex will build this into the plan.

The Committee agreed we should run an all-day working bee on 2 November to get the plan underway. This will clear out the basement, demolish the QM store, remove stairs and replace the hole in the kitchen that will be created once this is done. Gavin will bring a trailer and do trip(s) to the dump. 

AP: 13/61    : Add costs and dates to the draft basement plan and re-circulate to committee. Rex 

AP: 13/62		: Publish communique about basement work on website and send email to all about the working bee. Ask people to bring tools. David

AP: 13/63 	  : Talk to Rovers about helping with steel beams (this will be after 2 Nov – date to come on plan). Terry

AP: 13/64  	: Purchase strong storage boxes. These will be needed by 2 Nov. Andrew/Gavin

Jamboree policy

When the first draft of the policy was created, the committee felt 100% reimbursement was too ambitious. However we now have $11,490 in fundraising funds with good potential to reach our target level. According the committee felt more comfortable that we will be able to pay up to 100% for those scouts that reach the required 40 hours of fundraising activity. Scouts who have completed less hours would get a smaller percentage of their funds paid. 

AP: 13/65 	: Run the jamboree fund raising allocations numbers based on funds and hours to date with the contribution cap re-calibrated to 100%. The numbers need to include a generous contingency in case scouts make up hours at the last minute. The details of the revised formula should be circulated to the committee. Once confirmed, scouts will be individually updated on how they’ve done so far.  Gavin/Denise 

Res: 13/47	: THAT Gavin and Denise develop an appropriate formula for agreement by Committee (via email) to part allocate the funds already raised to part cover costs to date for all participants.

			Moved Denise, Sec Erina.  CARRIED U 
Note, the committee noted that a number of members are conflicted as they, or their children are involved in jamboree.
Previous Minutes
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RES 13/48  : THAT the minutes of the meeting on 25 September 2013, be accepted as a true and accurate record
- Moved: Oliver, Sec David    CARRIED U

Matters Arising
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Email traffic has improved. Thanks to David for updating lists.  All to keep an eye on how we reply to emails (try not to reply all unless needed).

Correspondence
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No correspondence in. We need to write a letter of thanks to Helen Young for her generous donation of camping and tramping equipment.

AP: 13/66     : Write letter of thanks to Helen Young for her equipment donation. Gillian 

Treasurer's Report
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Not available.

Quartermaster’s Report
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No new items.

AP: 13/67     : Liaise with Richard to find and return Richard’s gas cooker to him. Andrew/Sue

Temperature check
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Scouts
Three newcomers.
About to award Chief and Gold Scout Awards.
The Committee agreed the Chief Scout Award presentation would happen on 3 December. The Mayor will attend to present the Award. We need to have a spring clean before, organise parents, leaders, media etc. 
Gold Awards will be presented on 5 November along with Terry’s leader presentation.

AP: 13/68     : Set up a small working group to ensure all elements of the 3 Dec presentation are professional and reflect well on Brooklyn Scouts. Denise

Venturers
Quieter term with exams on. Still getting some new members.

Cubs
Large numbers (25 – 32 cubs) and scout support to help at meetings is appreciated – and essential. 

AP: 13/69     : Oliver to attend 11 November cub meeting as a leader as both Sue and David are away. Oliver
Keas
2 new keas have started. 8 – 10 in total.

AGM
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Given the All Whites game is on 20 Nov, and this impacts on leader and potentially parent attendance, the Committee agreed to move the AGM to 27 Nov. This will be a BYO wine and nibbles event, 7 pm for a 7.30 pm start. Coffee and cake to be served at 8pm. Potentially door prizes – to be discussed at next meeting

AP: 13/70     : Advertise AGM in Lower North Island scouting news. Gavin

Next meeting
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Thursday 21 November: 7pm. Note Thursday not Weds and this will be an extraordinary meeting to prepare for the AGM, not a full committee meeting. Bob noted his apologies for this meeting.   

Meeting closed 9:14 pm

Appendix
Action on Draft Ground lease for Brooklyn Scouts* with WCC
This ground lease is drafted as if it were the lease of a building. It is essentially a standard lease for such purposes and has been in effect substantially as in the new draft since at least the term of the last lease. (Maybe longer?)
While this has not been seen as problematic, probably due to lack of familiarity with the lease terms, there are some clauses we should pay attention to and some we should seek amendments to. 
However the committee should note that we can be charged for all expenses incurred by Council in preparation of the lease and variations to it. As they use Simpson Grieson this could be substantial.
Michael Veneer has kindly passed his lawyer’s eyes over the lease and his comments are attached. 
My assessment of what we should do is as follows: 
Most of Michael’s points are for our information so that we can see the variations from the previous lease, but they do not require action as it is unlikely that these standard terms will be changed. However there are some clauses that we should at the very least discuss variations to with Council.
Points to take back to Council:
I recommend that we discuss the following variations with Council:
a)	The $5m public liability is excessive, change back to $1m which is our present cover (to confirm this is the case)
b)	Seek change to clause 8.1to only require prior approval for work that requires a building consent (normal maintenance and upkeep should not require prior consent). We could propose that we give notice of any intended painting/restoration etc. rather than seek consent.
c)	Seek change to hiring clause (13.2, 13.3, 13.4 and associated clause 22.1 as drafted by Michael below. (see changes in red)

*Lessee is technically NZ Scouting Association
In addition: Note
1.	The reporting arrangements on page 3:
2.	I recommend that these reporting requirements be added to the AGM as a standard item and that appropriate records are set up to enable an annual report on activities to be tabled at AGM that can then be sent on to Council to satisfy this requirement.
3.	Note the requirement for published rules for use of the building:
4.	I recommend that a simple “chart” of hall use rules be written up and posted in the hall for users and attachment to any hire agreement.

Rex Collett
22 October 2013

Attached: Michael Veneer’s summary of clauses and suggested amendments

BROOKLYN SCOUT HALL
COMMENTS ON DRAFT LEASE FROM WELLINGTON CC

REFERENCE SCHEDULE
Term:  - 5 years.  Request longer term?  WCC has power under Public Bodies Leases Act 1969 section 7(1)(c) to grant a term up to 99 years, though may be against policy to do so.
Rent review: - 3 years does not fit conveniently into a 5 year term.
Public Liability Insurance cover: - Note the increase to $5m.  Is this negotiable?  Does Scouts Association have a master policy?  If so, what is the level of cover?
Reporting Requirements: - This provision has been expanded.  More information is now required.  For details, see clause 4.
Committee will need to ensure that this information is given annually.  Is there a template, which the Council uses for this purpose?
There is a connection here with the renewal of the lease.  Clause 2.2 3 (”Renewal Term”) sets a pre-condition that the Council must be satisfied that there has been “sufficient” (no definition) use as a Scout Hall, in order to approve the grant of a new lease.
Note also the provisions in clauses 3.3.1 to 3.3.3, that time is of the essence for any response to a rent review proposal by the Council.  This means that, if Committee does not dispute the proposal in time, the rent proposed will become the new rent.
The requirements are relevant also in the context of the Council’s ability to cancel the lease, in accordance with clause 15.
1.  INTERPRETATION
“Policy” and “Strategy”: may be somewhat problematic.  I don’t know how this is approached currently, but it is difficult to observe them, if it is not known what they are.  
This is another matter, for which the Committee must make provision.  It is important for the issues around hiring out the Hall.  See clause 6 – CONDUCT ON THE LAND, in particular, 6.4 and the hiring conditions, 13.4 – ASSIGNMENT SUBLETTING AND HIRING OUT.
The Council should provide copies, or ensure that the policy and strategy are posted on the Council website and kept up to date.  You won’t get a formal undertaking for this in the Lease, but it is a point of information, if not negotiation.

“Working day” means [Property Law Act 2007 section 4]:
a day of the week other than—
(a) Saturday, Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s Birthday, and Labour Day; and
(b) a day in the period commencing with 25 December and ending with 2 January in the following year; and
(c) the day observed as the anniversary of any province in which an act is to be done.

3.  RENT AND OUTGOINGS
3.3 - 3.4  Rent Review: Fairly standard provisions.  No significant change.
3.7 - Interest on Rent and other Moneys owing: - Make sure the rates, etc. are paid on time to avoid a 14% interest charge.

6.  CONDUCT ON THE LAND
No significant change.
Note that the provisions of this clause restrict how you do things.  It specifically envisages the hiring out of the Hall, in 6.4.  However, 6.3 may indicate that the Council will not want to give consent to hiring, if there are no ‘Hall Rules’ (which the Council must approve) in place.

7.  LIQUOR LICENCES
A new provision, but I don’t imagine this is an issue?

8.  BUILDING AND PAINTING
The emphasis of this clause has been altered.
Note the change from the Council not “arbitrarily or unreasonably” withholding consent in the expired lease (clause 7.2) to the approval of plans and specifications [“(if appropriate)” not defined – so you need to enquire anyway] before you can do anything.
However, this is ameliorated by clause 22.2, which brings back the “unreasonably withheld” provision to anything requiring consent, except where individual clauses are to the contrary.

10.  GROUNDS MAINTENANCE
10.3 – Fencing: Note this new provision.

12.  INSURANCE AND INDEMNITY
12.3 – Re-instatement: - This is also a new provision.  See also clause 15.7.
12.7 – Section 271 Property Law Act 2007: - Also, a new provision.  That section says:
“Lessee may acknowledge lessor has not insured, or fully insured, premises
(1) A lessee may expressly acknowledge in an instrument that the lessor has not insured, or has not fully insured, the premises or the land on which the premises are situated against destruction or damage arising from 1 or more of the events referred to in section 268(1) [fire, flood, explosion, lightning, storm, earthquake, or volcanic activity and any other peril against the risk of which the lessor is insured or has covenanted with the lessee to be insured] that are specified in the instrument.
(2) The lessor and the lessee may expressly agree in that instrument that the lessee will meet the cost of making good the destruction or damage, or will indemnify the lessor against the cost of making good the destruction or damage, to the extent, but only to the extent, that—
(a) the destruction or damage arises from an event specified in accordance with subsection (1); and
(b) at the time when the destruction or damage occurs, the lessor is not, in fact, entitled to be indemnified under a policy of insurance for the whole or any part of the destruction or damage; and
(c) the absence of insurance cover for the whole or any part of the destruction or damage has been acknowledged by the lessee in accordance with subsection (1).
(3) This section overrides section 269” [lessor to indemnify lessee].

There is a typo in 12.7.2 – there is no section “271(2)(a)-(i)”.  The “-(i)” should be omitted.  Or, is it intended to refer to “268(2)(a)-(b)”??

13.  ASSIGNMENT, SUBLETTING AND HIRING OUT
Again, these provisions have been tightened up.  The prohibition of assignment or subletting [not that you would want to] is now absolute.
Hiring out is the only exception, so may depart from the “Required Use” (Reference Schedule and clause 4.1).
Scouts are seeking an easing of the conditions, particularly the requirement to obtain consent “on each occasion” (clauses 13.2 and 22.1).
My expectation is that the Council will not relax the requirement.  However, we could make a plea, based on the suggestions that:
an easing of the administrative burden for both parties could be obtained; and
a less restrictive approach could mean a more frequent use of the Hall as a community facility.
To achieve that, I suggest rewording 13.2, 13.3, 13.4 and 22.1, as follows [existing wording struck through: new wording in red]:
13.2  Hiring Out:  Notwithstanding clauses 4.1 and 13.1, but subject to clause 13.4, the lessee may [moved to 13.4] let out or hire the Land or any part of the Land or the Lessee’s Building or any part of the Lessee’s Building, on a periodic or recurring basis, to any responsible and respectable person or persons or organisation for an activity or activities with a community, cultural or recreational interest.
13.3  Approval of Fees:  The Lessee must obtain the Council’s prior written approval for any fees to be charged to the public any such person or organisation for the use of the Land or the Lessee’s Building and for any proposed alteration to those fees.
13.4  Conditions:  Notwithstanding clause 22.1, the Lessee shall obtain the prior written consent of the Council, obtained on each occasion in respect of each manner of activity and of the person or organisation intending to carry on each such activity referred to in clause 13.2, but without limiting the grounds on which the council may withhold consent under clause 13.2, the Council may, as a condition of any consent, require that:
13.4.1 etc.
22.1  Consent required on each occasion: - Subject to clauses 13.2, 13.3 and 13.4, the Council’s consent under this Lease is required for each occasion even if the Council has given a consent for the same or a similar purpose on an earlier occasion.

15.  COUNCIL’S RIGHT TO CANCEL
15.1 – Council’s Right to cancel: - Another new provision, which shows the importance of fulfilling the “Reporting Requirements”.
15.2 – Land required for other Use: - Also a new provision, which could well be a reason for refusing to lengthen the term beyond 5 years.
15.3 to 15.6: - are the former are the former termination clauses 14 and 15.
15.7 – Lessee’s Right to cancel: - is also new and refers back to the Insurance and Indemnity provisions in clause 13.

20.  NOTICES
20.1 1 Section 245 or 246 PLA:  These are for failure to pay rent, or for breach of any other requirement of the Lease, respectively.
Notice must be served on the Scout Association, as if it were a company.
20.1.2 Other Cases: - All those sections of the Property Law Act deal with service of notice, some in special cases, which do not need to be explained here.

Michael Veneer
9 October 2013