Agenda of Teviot Valley Community Board meeting

Teviot Valley Community Board Agenda

22 April 2021

MINUTES OF A mEETING OF THE
Teviot Valley Community Board
HELD IN THE Roxburgh Service Centre, 120 Scotland Street, Roxburgh
ON Thursday, 11 March 2021 COMMENCING AT 2.00 pm

PRESENT: Mr R Gunn (Chair), Ms S Feinerman (Deputy Chair), Ms C Aitchison, Mr N Dalley, Cr S Jeffery

IN ATTENDANCE: L Macdonald (Executive Manager - Corporate Services), S Righarts (Chief Advisor), K McCulloch (Corporate Accountant) and W McEnteer (Governance Support Officer)

1 Apologies

There were no apologies.

2 Public Forum

Constable Rhys Harper and Sergeant Derek Ealson – Police Report

Constable Harper and Sergeant Ealson gave an update on policing in the Teviot Valley. They mentioned that CCTV was being investigated for the Teviot Valley as a tool for crime investigation and prevention. They noted the partnership between the Police and the community, in particular the community patrol group. They also said that the community could report anything to Police via the 105 phone number. They mentioned that they were advocating for slower speeds and increased signage outside the school in Roxburgh. Constable Harper and Sergeant Ealson then responded to questions from the Board.

3 Confirmation of Minutes

Committee Resolution

Moved: Jeffery

Seconded: Feinerman

That the minutes of the Teviot Valley Community Board meeting held on 21 January 2021 be confirmed as a true and correct record.

Carried

4 Declaration of Interest

Members were reminded of their obligations in respect of declaring any interests. There were no further declarations of interest.

5 Reports for Decisions

21.2.2 Teviot Valley Fees and Charges 2021/22 Schedule

To approve the draft fees and charges schedule for the Teviot Valley Community Board and recommend that Council include these fees and charges in the 2021-31 Long-term Plan.

Committee Resolution

Moved: Feinerman

Seconded: Aitchison

That the Teviot Valley Community Board

A. Receives the report and accepts the level of significance.

B. Recommends to Council to accept the changes for the Teviot Valley Ward to the Fees and Charges Schedule for 2021-22 as detailed and highlighted in Appendix 1.

C. Recommends Council adopt the fees and charges related to the Teviot Valley Ward as part of the Council’s annual fees and charges for the 2021-22 financial year.

Carried

6 Reports for Information

21.2.3 Teviot Valley Financial Report - Period Ending 31 December 2020

To consider the financial performance overview as at 31 December 2020.

Committee Resolution

Moved: Jeffery

Seconded: Feinerman

That the report be received.

Carried

7 Mayor’s Report

His Worship the Mayor was not present at this meeting.

8 Chair's Report

21.2.4 Chair's Report

The Chair gave an update on activities and issues since the last meeting:

· Attended a meeting of the Teviot Valley Rest Home.

· Attended a meeting of the Pool Committee.

· Attended two Roxburgh Medical Services Trust meetings and mentioned the recent resignations of doctors at the health centre.

· Attended a meeting regarding the main street upgrade.

· Received a letter from Cliff Parker regarding the Ettrick Cemetery and money set aside for its development. It was noted that staff would investigate.

· Received a letter from Russell Reed regarding green initiatives of the council. The Chair mentioned that he had spoken to Mayor Cadogan who would respond to Mr Reed shortly.

· Mentioned recent investigations regarding heat pumps taking heat out of the river and the need to replace the coal boiler used by the Rest home and the Medical Centre. The Roxburgh Area School is also looking at options for their coal boiler, so this could be a combined project.

· Mentioned signage on the cycleway in particular the difference between the Coal Creek and Clutha Gold Trail tracks. It was noted that further signage is coming.

Committee Resolution

Moved: Gunn

Seconded: Feinerman

That the report be received.

Carried

9 Members' Reports

21.2.5 Members' Reports

Members gave an update on activities and issues since the last meeting:

Mr Dalley reported on the following:

· Attended several meetings of the Teviot Valley Rest Home.

· Attended the annual general meeting of Teviot Prospects. Noted that he is currently on a leave of absence as the Chair due to other commitments.

· Attended the annual general meeting of the Roxburgh Entertainment Centre.

· Attended a meeting of the McPhail Trust. Mentioned that they are currently reviewing their portfolio.

· Attended a meeting to discuss the future of the plantation land in Roxburgh East with the Dunedin RSA.

Ms Feinerman reported on the following:

· Attended a meeting for Teviot Prospects.

· Attended two meetings of the Pool Committee.

· Attended the Teviot Valley business breakfast.

· Attended a meeting for the Tuapeka Bursary. Noted that three students from the Teviot Valley were successful in gaining scholarships.

· Attended a meeting regarding the beautification of the main street.

· Mentioned the signage for the Grovers Hill track and that it would be the first track with signage on it.

Ms Aitchison reported on the following:

· Attended the A&P show and was part of the pet tent. Mentioned that it was a great turnout on the day.

· Submitted a service request on behalf of Lions regarding the water quality at Pinders Pond. It was found that Otago Regional Council is responsible for testing and that they would become concerned if there was suspicious algae present.

· Attended a meeting of the McPhail Trust. Noted that that the trust were reviewing their investment portfolio.

· Reported she was scheduled to view some broken curbing and submit a service request if it was required.

Councillor Jeffery reported on the following:

· Attended a meeting via Microsoft Teams regarding freedom camping.

· Attended a Long-term plan workshop for Council.

· Attended several meetings of the Roxburgh Medical Services Trust.

· Attended a Teviot Prospects meeting.

· Attended a Teviot Valley Community Development meeting. Mentioned that interpretation stories for Pinders Pond were being written.

· Attended a Council meeting

· Attended a meeting to discuss museum strategy.

· Attended several meetings of the Hearings Panel.

· Attended the Audit and Risk meeting.

· Attended an Executive Committee meeting.

· Attended a meeting regarding the main street upgrade.

· Attended a Central Otago Labour Market meeting.

· Attended the Economic Development and Community Facilities pre-agenda meeting.

· Mentioned a phone conversation with Doug Parker regarding the approaches to the Millers Flat bridge and their appearance.

· Noted the potholes at the southern end of Craig Flat Road.

Committee Resolution

Moved: Jeffery

Seconded: Dalley

That the report be received.

Carried

10 Status Reports

21.2.6 Governance Report

To report on items of general interest, receive minutes and updates from key organisations and consider the legacy and current status report updates.

Committee Resolution

Moved: Gunn

Seconded: Feinerman

That the report be received.

Carried

11 Date of The Next Meeting

The date of the next scheduled meeting is 22 April 2021.

The Meeting closed at 4.24 pm.

...................................................

CHAIRPERSON

22 April 2021

5 Reports for Decisions

21.3.2 Roxburgh Entertainment Centre - Stage Upgrade Project

Doc ID: 528349

1. Purpose of Report

To consider approving additional budget for the Roxburgh Entertainment Centre Stage Upgrade Project.

Recommendations

That the Teviot Valley Community Board

A. Receives the report and accepts the level of significance.

B. Approves the Roxburgh Entertainment Centre Stage Upgrade Project to proceed. Additional funding of $15,500 to be funded from the Roxburgh Entertainment Centre’s depreciated reserves account.

2. Background

The Roxburgh Entertainment Centre Stage Upgrade Project came about after Theatre Systems and Design Limited reviewed the theatre’s stage equipment. The company’s report highlighted concerns around the structural integrity of the auditorium lighting bar, cinema projection screen, main house curtain, and the on-stage suspension systems and their connections to the building structure.

This report was discussed with the Roxburgh Entertainment Centre Improvement and Promotions Group (RECIP) and the following immediate action was taken:

· Two chains were installed to secure the auditorium lighting bar to the roof truss.

· No adjustment to the lights on the auditorium bar was permitted.

· The auditorium lighting bar was restricted to a maximum rating of 115kg.

· The two side lighting bars were restricted to a maximum rating of 30kg.

· All hanging stage equipment and curtains behind the cinema screens were removed.

· All stage equipment must now be floor-based.

· Users were instructed that the cinema screen was not to be raised. If the rear stage was required, then it must be manually removed by the RECIP.

On 30 August 2018, the Teviot Valley Community Board (the Board) approved funding of $13,000 towards an engineer’s report to progress the upgrade of the Roxburgh Entertainment Centre’s stage equipment. The resolution reference is 18.6.5.

On 13 May 2020, the Board considered the engineer's designs and the options to progress the project. The Board resolved to proceed with the front stage area only. The resolution reference is 20.2.7.

The project cost estimate of $85,000 was to be funded by a combination of:

· $20,000 from Annual Plan 2019/20 budget.

· $20,000 from Roxburgh Entertainment Centre Improvement and Promotions group (RECIP).

· $45,000 from Roxburgh Entertainment Centre’s depreciated reserves account.

3. Discussion

The $20,000 funded by RECIP was related to the installation of a new retractable cinema screen. An update on RECIP’s progress will be provided by a group representative at the meeting.

The $65,000 funded by the Board was related to the new house curtain track, installation of the new auditorium lighting bar and the purchase of a mobile scaffold. Quotes have now been received for these items. An additional budget of $15,500 is required for this part of the project to proceed.

This has been itemised below:

Item	Budget	Quote	Notes
Main house curtain: clean, adjust, and new track	$4,760	$3,040	The quote is for the removal of the curtains and installation of the track only. RECIP to vacuum and put the curtain back up.
New auditorium lighting bar installation and electrical costs	$33,425	$53,900	Two quotes received which were approximately 10% apart. The original budget was based upon a budget estimate by an electrician and a quantity surveyor’s estimate on building costs.
New lighting	$7,700	$11,458	Total of 10 basic lights (6 in place now but 2 need to go, purchase 6 new), plus Wieland adapters. Quote received of $10,658 if installation is completed while the company is onsite for the screen install or $11,458 if completed separately.
Mobile scaffolding	$3,000	$2,644	Purchased. Cost shared with the Alexandra Theatre cost centre.
Construction monitoring by the engineer	$2,500	$2,500	The structural engineer’s quote used within the budget estimate is still valid.
Asbestos report	$2,000	$3,112	Quote received for both an asbestos management plan and a refurbishment assessment.
Contingency	$10,677	$3,833	Contingency reduced from 20% to 5%
Total	$64,062	$80,487

As well as an improvement to the level of service it is estimated that more than 50% of the work will be renewal. It is therefore appropriate to utilise the Roxburgh Entertainment Centre’s reserves for the balance of funding where depreciation rated for has accumulated.

These reserves were $207,240 as of 30 June 2020 and are estimated to be $186,919 as of 30 July 2021.

Looking forward, in year two of the draft Long Term Plan 2021-31 there are the following major capital projects for this building:

· $362,000 Earthquake Strengthening Project

· $132,000 Fire System Upgrade Project

In summary, for the Roxburgh Entertainment Centre’s reserves:

Balance as of 30 June 2020	$207,240
Earthquake strengthening	($362,000)
Fire system upgrade	($132,000)
Stage upgrade	($80,500)
Overall effect on reserves	($367,260)

4. Options

Option 1 – (Recommended)

Approves the Roxburgh Entertainment Centre Stage Upgrade Project to proceed. Additional funding of $15,500 to be funded from the Roxburgh Entertainment Centre’s depreciated reserves account.

Advantages:

· Provides safe and functional stage equipment for the front of the stage which is the area most frequently used.

Disadvantages:

· Depletes the Roxburgh Entertainment Centre’s depreciated reserves account which will also be required to help fund the fire safety and earthquake strengthening capital projects within the Long Term Plan 2021/31.

Option 2

Do not approve additional funding.

Advantages:

· The Roxburgh Entertainment Centre’s depreciated reserves are not reduced.

Disadvantages:

· The project will not be able to proceed. Current operational restrictions as outlined in the background section will remain.

5. Compliance

Local Government Act 2002 Purpose Provisions	This decision promotes the social and cultural wellbeing of communities, in the present and for the future by enabling the Council to provide the same and potentially increased level of service to the community by the Roxburgh Entertainment Centre.
Financial implications – Is this decision consistent with proposed activities and budgets in long term plan/annual plan?	See the financial implications within the decision section above. A FIN 105 Over Expenditure Justification Form relating to the expected $15,500 expenditure over budget has been approved by the Finance Manager and the Corporate Services Executive Manager.
Decision consistent with other Council plans and policies? Such as the District Plan, Economic Development Strategy etc.	This project is consistent with other council policies and plans.
Considerations as to sustainability, the environment and climate change impacts	This decision does not impact the sustainability, environmental, and climate change of the district.
Risks Analysis	The health and safety requirements of construction will be managed by the contractor.
Significance, Consultation and Engagement (internal and external)	None of the thresholds/criteria of the Council’s Significance Policy has been exceeded/met.

6. Next Steps

· RECIP updated

· Contractors engaged

· Construction completed

7. Attachments

Nil

Report author:	Reviewed and authorised by:

Christina Martin	Louise van der Voort
Property and Facilities Officer (Vincent and Teviot Valley)	Executive Manager - Planning and Environment
31/03/2021	9/04/2021

22 April 2021

21.3.3 Application to Lease Part of the Roxburgh Recreation Reserve

Doc ID: 527197

1. Purpose of Report

To consider an application to lease part of Part Section 181 Block II Teviot Survey District, being part of the Roxburgh Recreation Reserve, for grazing purposes.

Recommendations

That the Teviot Valley Community Board

A. Receives the report and accepts the level of significance.

B. Agrees to grant a lease over 4500 square metres of Part Section 181 Block II Teviot Survey District (recreation reserve) to the Applicant on the following terms and conditions:

· Term Five (5) Years

· Right of Renewal One (1) of Five (5) Years

· Rent $1 (plus GST) per annum, if demanded

Subject to:

· The Applicant paying all costs associated with the public advertising in the Central Otago News

· The Applicant fencing the perimeter of the lease area and using the land in conjunction with his own.

· The lease complying with the provisions of Schedule 1 of the Reserves Act 1977.

· The Minister of Conservation’s consent.

C. Authorises the Chief Executive to do all that is necessary to give effect to the resolution.

2. Background

Lease request

An application to lease part of the Roxburgh Recreation Reserve has been received from Kyle Ellison (the Applicant). The Applicant is an adjoining property owner. He would like to lease an area of approximately 4500 square metres of the reserve to use in conjunction with his own property.

The area of that the Applicant proposes to lease is rocky and hilly. It is overgrown broom and other noxious weeds. The Applicant plans to eradicate the broom and other weeds then fence the perimeter of the lease area. This will enable the Applicant to manage the vegetation and regrowth by running goats.

An overview of the Applicant’s property and the proposed lease area are shown below in figure 1.

Figure 1 – Overview of the Applicant’s Property and the Proposed Lease Area

Land Status

The Roxburgh Recreation Reserve has an area of approximately 87.7654 hectares. It is made up of 5 parcels of land being Lot 13 Deposited Plan (DP) 6674 and Sections 179, 190, 191, and Part Section 181, Block II Teviot Survey District. The parcels are held together in Record of Title OT15C/974.

The majority of the land is contained in Part Section 181 Block II Teviot Survey District (Part Section 181). The northern end of Part Section 181 is shown below in figure 2, thatched in blue.

Figure 2 – Northern end of Part Section 181 shown thatched in blue

The land is a Crown derived reserve. The reserve was originally granted to the Superintendent of Otago by the Crown in accordance with the provisions of the Public Reserves Act 1854. It was then vested in Council, in trust, in accordance with the Roxburgh Reserves Management Ordinance in 1875.

3. Discussion

Reserves Act

The purpose of the Reserves Act 1977 is to provide for and to protect reserves for the benefit of the community.

Section 73 of the Reserves Act 1977 (the Act) provides for the leasing of recreation reserves for farming or grazing purposes. In particular, section 73(1) states:

Where any recreation reserve or any part of such a reserve is not for the time being required for the purpose for which it was classified, or where the Minister considers it in the public interest, or where the administering body of any recreation reserve has decided under section 53(1)(a)(ii) that it is necessary or desirable to farm or graze the reserve or any part thereof, leases of the reserve or of any part thereof may be granted by the administering body with the prior consent of the Minister in cases where the reserve is vested in such a body, or by the Minister in any other case.

The granting of a lease for grazing purposes over the area identified in figure 1 is consistent with section 53(1)(a)(ii) of the Act. Section 53(1)(a)(ii) of the Act provides for leasing of recreation reserve by the administering body for the following purposes:

to farm or graze or afforest as a part of a development, improvement, or management programme.

As the lessee, the Applicant will be required to manage and maintain an unoccupied area of the reserve that is not currently required for recreation purposes. This will also improve the general state of the unused area of the reserve.

Section 73(3A)(a) of the Act states that every lease granted under section 73(1) shall be subject to the provisions of Schedule 1 of the Act. The provisions of Schedule 1 as the relate to section 73(1) include:

· The term: May not exceed 33 years.

· Rent: As approved by the Minister of Conservation.

· Termination: The land must be used for the purpose of grazing. If at any time the lessor is of the opinion that the land leased is not being used or is not being sufficiently used for the purpose specified in the lease, or if the lessor considers the land is required for the purpose of public recreation, the lease may be terminated.

· Compensation for improvements On termination, surrender, or expiry, the land and all improvements shall revert to the lessor without compensation being payable to the lessor.

· Erection of buildings The lease shall prohibit the erection of any building without the written consent of the Minister of Conservation.

· Protection of natural features The lease shall be required to prevent the destruction of or damage to any natural, scenic, historic, cultural, archaeological, biological, geological, or other scientific features, or indigenous flora and fauna.

· Other terms and conditions As approved by the Minister of Conservation.

Before granting any lease under subsection 73(1) the administering body must advertise their intention to grant the lease in accordance with section 119 of the Act. The public then has the right to object to or make a submission on the proposal.

All objections or submissions relating to the proposal that are compliant with section 120 of the Act must then be considered prior to the granting of any lease.

In this instance the proposal to grant the lease will be advertised in the Central Otago News. By delegated authority, Council’s Hearings Panel will consider any objections or submissions received. The Hearings Panel will then make a recommendation to the Minister of Conservation.

Effect on the Reserve

Leasing the unused area of the reserve to the Applicant will provide for its ongoing care and maintenance. The land in its current state could pose a fire hazard or result in noxious weed liabilities for council.

While granting the lease and fencing the area will exclude the public, the lease area equates to about 0.5 percent of the overall reserve. On that basis, the benefits of the proposal far outweigh any perceived loss to the public.

4. Options

Option 1 – (Recommended)

To grant a lease over 4500 square metres of Part Section 181 Block II Teviot Survey District (recreation reserve) to the Applicant on the following terms and conditions:

· Term Five (5) Years

· Right of Renewal One (1) of Five (5) Years

· Rent $1 (plus GST) per annum, if demanded

Subject to:

· The Applicant paying all costs associated with the public advertising in the Central Otago News

· The Applicant fencing the perimeter of the lease area and using the land in conjunction with his own.

· The lease complying with the provisions of Schedule 1 of the Reserves Act 1977.

· The Minister of Conservation’s consent.

Advantages:

· An overgrown area of the reserve will be managed and maintained by the Applicant.

· Having a third party manage the unused area will reduce costs to Council.

· The peppercorn rental recognises the lessee’s investment in the land.

· The lease may be cancelled should the land be required for recreational purposes.

· The proposal is consistent with the provisions of the Reserves Act 1977.

Disadvantages:

· There are no apparent disadvantages.

Option 2

To not grant the Applicant a lease over part of Part Section 181 Block II Teviot Survey District (recreation reserve).

Advantages:

· The land would remain accessible to the public.

Disadvantages:

· The unused area would remain over overgrown and unmaintained.

· The costs associated with managing the fire risk and noxious weeds would fall to Council.

· Does not recognise the provisions of the Reserves Act 1977.

Option 3

To approve the granting of a lease on other terms and/or conditions determined by the Board.

Advantages:

· The Board may determine that alternative terms and or conditions are appropriate.

Disadvantages:

· Alternate terms may not be as anticipated or acceptable to the applicant.

5. Compliance

Local Government Act 2002 Purpose Provisions	While the decision does not relate to a Council service or activity, Council does have a responsibility to manage and maintain the reserve in accordance with the Reserves Act 1977. The proposed lease relates to an unused overgrown area of reserve land. The lessee will become responsible for reducing the fire hazard and managing the noxious weeds on the land.
Financial implications – Is this decision consistent with proposed activities and budgets in long term plan/annual plan?	No negative financial implications are related to this decision. The Applicant is required to pay all costs associated with the public advertising. As responsibility for reducing the fire hazard and managing the noxious weeds will fall to the lessee there are potential savings for Council associated with the recommended decision.
Decision consistent with other Council plans and policies? Such as the District Plan, Economic Development Strategy etc.	The proposal to grant the lease is consistent with the provisions of the Reserves Act 1977. The proposal to publicly advertise Council’s intention to grant the lease is consistent with both the Reserves Act 1977 and with the Teviot Valley Ward Reserves Management Plan 2014.
Considerations as to sustainability, the environment and climate change impacts	No sustainability, environmental or climate change impacts are related to the decision as the associated works will have no material effect on the land. As the Applicant plans to eradicate the broom and other weeds and manage the vegetation and regrowth, there could also be environmental benefit.
Risks Analysis	There are no risks to Council associated with the recommended option. However, the land in its current state could pose a fire hazard or result in noxious weed liabilities.
Significance, Consultation and Engagement (internal and external)	The Significance and Engagement Policy has been considered, with none of the criteria being met or exceeded. The granting of the lease will be subject to public consultation in accordance with the sections 119 and 120 of the Reserves Act 1977.

6. Next Steps

The following steps will be taken to implement the road stopping:

1. Community Board approval 22 April 2021

2. Public Notification Period May 2021

3. Consideration of Submissions by Hearings Panel 08 June 2021

4. Application for consent of Minister of Conservation 30 June 2021

5. Lease drafted and executed July 2021

7. Attachments

Nil

Report author:	Reviewed and authorised by:

Linda Stronach	Louise van der Voort
Property Officer - Statutory	Executive Manager - Planning and Environment
10/03/2021	9/04/2021

22 April 2021

21.3.4 Application for Easement Over Section 153 Block I Teviot Survey District

Doc ID: 529343

1. Purpose of Report

To consider an application for an easement over Section 153 Block I Teviot Survey District, being part Local Purpose (Public Utility) Reserve.

Recommendations

That the Teviot Valley Community Board

A. Receives the report and accepts the level of significance.

B. Agrees to grant an easement over Section 153 Block I Teviot Survey District (local purpose (public utility) reserve) for $1, in favour of Lot 2 Deposited Plan 8721, for the purpose of conveying water, subject to:

· the Minister of Conservation’s consent.

· the applicant obtaining and managing all associated permits and consents associated with the extraction and distribution of groundwater.

· the applicant paying all costs associated with surveying the easement boundaries and with the preparation and registration of the easement agreement.

C. Authorises the Chief Executive to do all that is necessary to give effect to the resolution.

2. Background

Christine Bennebroek (the applicant) owns three properties on Roxburgh East Road approximately one kilometre east of Roxburgh.

The properties are legally identified as:

· Lot 2 Deposited Plan (DP) 8721 as contained in Record of Title OTA2/51.

· Lot 3 DP 8721 and Lot 1 DP 10016 as contained in Record of Title OT3C/617.

· Lot 1, 2, and 3 DP 10016 as contained in Record of Title OTA2/232.

The properties contain a residential dwelling and the applicant’s business, Clutha Gold Cottages and Holiday Park. The properties are circled, in red, below in figure 1.

Figure 1 – The applicant’s properties on Roxburgh East Road

Domestic water is supplied to the applicant’s properties via a bore on Section 153 Block I Teviot Survey District. The bore is located in a shallow well in spring. A small shed houses a pump system which is used to convey the water up to the applicant’s property. Water is then distributed to the dwelling, cottages, and other park facilities.

A plan of the existing bore and pump shed is shown below in figure 2.

Lot 2 DP 8721
(applicant’s property)

Figure 2 – Plan of the existing bore and pump shed on Section 153

The bore on Section 153 has operated under permit from the Otago Regional Council for approximately 60 years. An overview of the applicant’s property, the location of the infrastructure, and Section 153 are shown below in figure 3.

Figure 3– Overview of the applicant’s property, the location of the infrastructure, and Section 153

Section 153 Block I Teviot Survey District (Section 153) is local purpose (public utility) reserve. Section 153 originally vested in Council (in trust) along with Part Section 142 Block I Teviot Survey District (Part Section 142), as plantation reserve.

In 2011 the plantation reserve was reclassified local purpose (public utility) reserve. This provided for the expansion of the Roxburgh sewerage ponds disposal field. The reserve has a total area of 34.4212 hectares.

The permit which allows the applicant to extract groundwater is nearing expiry. As part of the renewal process, the Otago Regional Council have asked the applicant to provide evidence of their right to occupy Section 153. As no formal agreement to occupy the land exists the applicant has applied to formalise the historical ‘handshake agreement’ by way of an easement.

The proposed easement would legalise the existing bore, pump shed, and water pipes on Section 153. It would also provide the applicant with right of access to repair and maintain the infrastructure as necessary. No additional works or infrastructure are proposed or required.

3. Discussion

Reserves Act

Section 48 of the Reserves Act 1977 (the Act) states that in the case of reserves vested in an administering body, the administering body may, with the consent of the Minister of Conservation and on such conditions as the Minister thinks fit, grant rights of way and other easements over any part of a reserve.

The granting of an easement to convey water is consistent with section 48(1) of the Act. However, any easement or other right granted under section 48(1) is granted subject to section 48(2) of the Act which states:

Before granting a right of way or an easement under subsection (1) over any part of a reserve vested in it, the administering body shall give public notice in accordance with section 119 specifying the right of way or other easement intended to be granted, and shall give full consideration, in accordance with section 120, to all objections and submissions received in respect of the proposal under that section.

Section 48(2) of the Act further requires the proposal to grant the easement to be publicly notified unless:

(a) The reserve is vested in the administering body and is not likely to be materially altered or permanently damaged; and

(b) The rights of the public in respect of the reserve are not likely to be permanently affected.

The purpose of the Reserves Act 1977 is to provide for and to protect reserves for the benefit of the community. Therefore, the issuing of rights over a reserve is generally accepted as being a last resort in the absence of other practical alternatives, particularly where there is likely to be a material effect on the reserve.

As noted previously, the proposed easement will legalise an occupation that has been in place on the reserve for approximately 60 years. The well (which contains the bore), and pump shed, are located discretely on the northern boundary of the reserve. This has minimised their impact on the reserve.

As no new works or infrastructure are required, the legalisation will not materially alter the land, nor compromise any existing use. On that basis, public consultation is not proposed in this instance.

The well (cap) and pump shed are shown below in figures 4 and 5.

Figure 4 – Well Cap Figure 5 – Pump Shed

Costs and Consents

All costs associated with surveying the easement boundaries, preparation of the easement agreement, and its registration, lie with the applicant.

The applicant is responsible for obtaining all necessary consents and permits that are required for the purpose of extracting groundwater.

The applicant is also responsible for all costs associated with the testing and treatment (as required) of the groundwater extracted.

The applicant has not attributed a monetary value to the legalisation of the occupation or offered to pay a fee for the easement. Easements of this nature have historically been granted for a fee of $1. As the proposed easement will legalise an historic occupation, the fee of $1 is proposed this instance. However, it is also clear that the ongoing provision of water is of value.

4. Options

Option 1 – (Recommended)

To grant an easement over Section 153 Block I Teviot Survey District (local purpose (public utility) reserve) for $1, in favour of Lot 2 Deposited Plan 8721, for the purpose of conveying water, subject to:

· the Minister of Conservation’s consent.

· the applicant obtaining and managing all associated permits and consents associated with the extraction and distribution of groundwater.

· the applicant paying all costs associated with surveying the easement boundaries and with the preparation and registration of the easement agreement.

Advantages:

· The occupation of the applicant’s water infrastructure on the reserve will be legalised.

· The legalisation will provide the applicant with legal access to the infrastructure.

· The applicant will be able to renew their water permit.

· Recognises the provisions of section 48 of the Reserves Act 1977.

Disadvantages:

· None, as the granting of the easement to legalise the historic occupation will not materially alter the land or compromise its use.

Option 2

To grant an easement over Section 153 Block I Teviot Survey District (local purpose (public utility) reserve), in favour of Lot 2 Deposited Plan 8721, for the purpose of conveying water, subject to the conditions outlined in Option 1, at a charge greater than $1:

Advantages:

· The Board may determine that a fee is appropriate.

· Recognises the value associated with the rights being granted.

Disadvantages:

· The value of the rights may be difficult to determine.

Option 3

To not grant an easement over Section 153 Block I Teviot Survey District.

Advantages:

· None

Disadvantages:

· The applicant will be not be able to renew their water permit.

· Without a permit the applicant would not be able to extract water which would impact on their ability to operate their business.

5. Compliance

Local Government Act 2002 Purpose Provisions	While the decision does not relate to a Council service or activity, the granting of the easement will enable the applicant to continue to operate the business which enhances the local economy.
Financial implications – Is this decision consistent with proposed activities and budgets in long term plan/annual plan?	There are no negative financial implications related to the recommendation. The applicant is required to pay all costs associated with the preparing and registering easement, maintaining the infrastructure, obtaining consents, and with the testing and/or treatment of the water.
Decision consistent with other Council plans and policies? Such as the District Plan, Economic Development Strategy etc.	The proposed easement is consistent with the provisions of section 48(1) of the Reserves Act 1977.
Considerations as to sustainability, the environment and climate change impacts	There are no sustainability, environmental or climate change impacts associated with the recommended option.
Risks Analysis	There are no risks to Council associated with the recommended option.
Significance, Consultation and Engagement (internal and external)	The Significance and Engagement Policy has been considered, with none of the criteria being met or exceeded.

6. Next Steps

1. Community Board approval 22 April 2021

2. Council approval 05 May 2021

3. Applicant advised/works commence May 2021

7. Attachments

Nil

Report author:	Reviewed and authorised by:

Linda Stronach	Louise van der Voort
Property Officer - Statutory	Executive Manager - Planning and Environment
26/03/2021	9/01/2021

22 April 2021

21.3.5 Ettrick Cemetery Funding Request

Doc ID: 529692

1. Purpose of Report

To consider an application to allocate funding to the construction of a headstone beam at the Ettrick Cemetery.

Recommendations

That the Teviot Valley Community Board

A. Receives the report and accepts the level of significance.

B. Suggests the Ettrick Cemetery Trustees to apply for funding through the Council contestable grants process.

2. Background

Council has received a letter from Mr Cliff Parker, Chairman of the Ettrick Cemetery Trust (the Trust) seeking a grant of $1000.00 to enable the Trust to install a new cemetery beam within the Ettrick cemetery. Appendix 1.

Ettrick Cemetery is owned and operated by the Ettrick Cemetery Trust. It is totally separate from any Council owned and operated Cemetery. An annual grant of $250.00 is provided to the Trust by Council to assist with cemetery maintenance.

3. Discussion

Although the application letter refers to a specific reserve fund for Ettrick, several years ago, Council amalgamated that fund into the General Revenues and Development Roxburgh fund. As at 30 June 2020, this fund had a balance of $689,170.

If the Board wish to contribute to the Trust from a fund, the Teviot Valley Reserves Contribution Fund could be a more suitable fund for this request. It is a more appropriate fund as it can be used for growth related activities within the ward, being derived from subdivisions that have been approved within the ward area. Increased usage of the cemetery can be attributed to population growth. As at 30 June 2020, this fund had a balance of $77,962.

However, it would be unusual to use these types of fund for such modest monetary requests as this.

Instead, the Board could suggest that the applicant apply for a grant through the Roxburgh contestable grants funding. The next funding round opens in July, and the Trust’s application would fit within the Community Grants application category. The result of any grant application would not be known until October.

4. Options

Option 1 – (Recommended)

That the Board suggests the Ettrick Cemetery Trust apply for a grant through the Council contestable grants process.

Advantages:

· Small monetary requests such as this are more usually considered via the contestable grants process, rather than from a reserve fund.

Disadvantages:

· The applicant may need to wait until October to know the outcome of the grant application.

· The grant application may be declined.

Option 2

The Board supports the application by authorising funding through the Teviot Valley Reserves Contribution Fund.

Advantages:

· The Ettrick Cemetery Trust would receive the money at an earlier time.

Disadvantages:

· Reserve funding would be used for a small monetary request better suited to the grants process.

Option 3

The Board does not support funding the application.

Advantages:

· Council retains its funds as it does not own or manage this cemetery and is not required to provide it with funding.

Disadvantages:

· This cemetery is available to members of the community for interment so may result in negative community feedback.

5. Compliance

Local Government Act 2002 Purpose Provisions	This decision enables democratic local decision making and action by, and on behalf of communities. As the Board can decide how to allocate funding on behalf of its community.
Financial implications – Is this decision consistent with proposed activities and budgets in long term plan/annual plan?	An amount of $1000 has been requested. This money is unbudgeted and requires a Board decision on how it could be funded.
Decision consistent with other Council plans and policies? Such as the District Plan, Economic Development Strategy etc.	The decision is consistent with Council plans and policies.
Considerations as to sustainability, the environment and climate change impacts	There are no anticipated environmental, sustainability, or climate change impacts from the decision.
Risks Analysis	As Council does not own the cemetery there are no perceived risks with this decision.
Significance, Consultation and Engagement (internal and external)	This is not a decision that triggers Council’s Significance and Engagement Policy.

6. Next Steps

The applicant will be advised of the Board’s decision.

7. Attachments

Appendix 1 - Ettrick Cemetery Trust ⇩

Report author:	Reviewed and authorised by:

Gordon Bailey	Louise van der Voort
Parks and Recreation Manager	Executive Manager - Planning and Environment
30/03/2021	9/04/2021

22 April 2021

6 Reports for Information

21.3.6 Roxburgh Streetscape Improvements

Doc ID: 530019

1. Purpose

To provide information regarding the proposed Roxburgh Streetscape improvements project.

Recommendations

That the report be received.

2. Discussion

Background:

The Teviot community have previously undertaken concept design work to improve the Roxburgh town centre streetscape. This information was passed to Council roading staff from the Teviot Community Board.

A $90,000 project was approved by Waka Kotahi New Zealand Transport Agency (Waka Kotahi) for Council to progress street beautification work in Roxburgh under Council’s roading programme. The scope of this project needs to meet Waka Kotahi funding requirements for improved pedestrian and cycling facilities, and safety.

The design concept is also required to be approved by Waka Kotahi as the project is on state highway road reserve.

The concept prepared by Council roading staff considers the following factors:

· Historical concepts prepared by the Roxburgh community.

· Constraints of working within Waka Kotahi state highway road reserve.

· Funding – the limited budget is a constraint when considering some of the community concepts previously prepared.

· Feedback from stakeholders received during engagement.

· Improved pedestrian and cyclist friendly spaces.

· Encouraging sustainable transport choices.

· Waka Kotahi requirement to retain existing carpark numbers.

The allocated Waka Kotahi funding must be used by 30 June 2021.

Proposed Works:

The key areas identified for improvement work are along the state highway between Kelso and Hawick Streets as shown below.

The proposed design aims to utilise unused space within the road corridor. This will create additional community space and aide in traffic calming.

Roading staff have engaged with the following stakeholders:

· Aspiring Highways/Waka Kotahi.

· Roxburgh Business Breakfast Group.

· Teviot Prospects Group.

· Affected businesses adjacent to the proposed works.

The project was also highlighted in an Otago Daily Times article in February 2021.

The proposed designs were generally well received, and some items raised during engagement were incorporated into the final plan that has been presented to Waka Kotahi.

There was a lot of discussion amongst stakeholders regarding the two existing bus stops. There was mixed feedback about need and the location of these. A compromise has been reached where the bus stops remain, but the path is widened to create more pedestrian and community space as shown below. The space created provides the opportunity to install seating, picnic tables, bicycle racks, and bicycle repair station.

Example of bus stop build out area (outside café)

Further upgrades are proposed adjacent to the public toilets. There is currently space that can accommodate a further, kerb build out area without impacting on car parks.

Example of build out area adjacent to public toilets

There are some additional improvement areas that were identified but are not able to be progressed within the current Waka Kotahi parking constraints. These additional areas could be considered in future.

Community engagement identified concern regarding overgrown and untidy plantings along sections of the state highway within the main business area. This creates visibility issues on corners for smaller vehicles and pedestrians at crossing points.

These plants will be removed and replanted with more suitable species. This will also freshen the appearance through this area. This work will be undertaken by Councils parks contractor while traffic management is in place for the roading work.

Next Steps:

i. Waka Kotahi to review and approve plan by late April 2021.

ii. Councils contractor to start physical works early May 2021.

iii. Physical works complete by 30 June 2021.

3. Attachments

Appendix 1 - Proposal for Waka Kotahi NZTA - Roxburgh Streetscape Improvements - Rev 2.pdf ⇩

Report author:	Reviewed and authorised by:

James McCallum	Julie Muir
Roading Manager	Executive Manager - Infrastructure Services
9/04/2021	9/04/2021

Teviot Valley Community Board meeting

22 April 2021

Teviot Valley Community Board Legacy Status Report on Resolutions

Planning and Environment

20.2.7 – May 2020

Roxburgh Entertainment Centre – Stage Upgrade Project (Doc ID 440754)

That the Board:

A. Receives the report and accepts the level of significance.

B. Approves proceeding with the Roxburgh Entertainment Centre Stage Upgrade Project for the upgrade of the front stage area only. The project cost estimate of $85,000 to be funded from a combination of:

· $20,000 Annual Plan 2019/20 budget

· $20,000 Roxburgh Entertainment Centre Improvement and Promotions group

· $45,000 Roxburgh Entertainment Centre’s depreciated reserves account

STATUS CLOSED

April 2021 – A further report on the Stage Upgrade Project is being presented to the Teviot Valley Community Board at its April meeting.

February 2021 – This project has now been split into two components: “Screen replacement” and “Auditorium bar replacement”:

Screen replacement – quotes have been accepted. Installation date May 2021.

Auditorium bar replacement – awaiting second quote. Follow-up has been made and quote due by end of February.

December 2020 – Quote received. It is higher than anticipated so a second quote is being sought.

November 2020 – Procurement of this project will be via a direct source rather than tender. The contractor who has already provided a quote as part of the provincial growth fund application has been asked to requote without the fire upgrade included.

September 2020 – Preperation of tender documents is underway.

July 2020 – Awaiting outcome of the Provincial Grant Funding application.

June 2020 – This project, along with the building’s fire upgrade (which was postponed due to COVID-19) is being combined and put forward for consideration for the Provincial Grant Funding for community halls.

May 2020 – Preperation of tender documents is underway.

May 2020 – Action memo sent to the Property and Facilities Officer – Vincent and Teviot Valley.

Resolution 19.9.6 – November 2019

Otago Fish and Game Council Proposal to Construct a Jetty and Walking Track at Pinders Pond, Roxburgh. (COM 07-65-006)

That the Board:

A. Receives the report and accepts the level of significance.

B. Agrees in principle to the proposal to construct a floating pontoon and associated walking track on Pinders Pond Reserve, and to initiate community engagement on the proposal.

C. Notes that a further report will be presented that conveys the findings from the community engagement process and informs a fipnal decision.

STATUS

February – April 2021 – Contact was made with Contact Energy Ltd. prior to Christmas requesting a status update. Awaiting detail design material.

December 2020 – Awaiting detail design material.

November 2020 – Awaiting detail design material. The planned consultation process is likely to be rescheduled into 2021.

September 2020 – Design detail work is progressing.

July 2020 – Design detail has not yet been received.

June 2020 – Initial scoping of the site and advice on the track detail has been completed by Contact Energy Ltd. Awaiting design detail from Otago Fish and Game Council and Contact Energy so that pubic consultation can be carried out.

April 2020 – Plans have not yet been made available to plan the community engagement process.

January 2020 – Otago Fish and Game Council and Contact Energy are to provide Council with design drawings for the community engagement process.

December 2019 – Action memo sent to the Parks Officer Projects


AGENDA Teviot Valley Community Board Meeting Thursday, 22 April 2021
Date:	Thursday, 22 April 2021
Time:	2.00 pm
Location:	Roxburgh Service Centre, 120 Scotland Street, Roxburgh
(Unless Central Government changes COVID-19 meeting restrictions before then, in which case it will be held electronically using Microsoft Teams and livestreamed) Sanchia Jacobs Chief Executive Officer

Name	Member’s Declared Interests	Spouse/Partner’s Declared Interests	Council Appointments
Cushla Aitchison	Roxburgh and District Lions Club (member)	Roxburgh and District Lions Club (member)	I and H McPhail Charitable Trust Roxburgh Entertainment Centre Improvement and Promotions Inc. Teviot District Museum Committee
Norman Dalley	Martel International Limited (Sole Director/Shareholder) Gilmour Development Limited (Sole Director/Shareholder) North Hill Limited (Sole Director/Shareholder) Teviot Valley Rest Home Incorporated (Chair) Roxburgh Entertainment Centre Improvement and Promotions Incorporated (Treasurer/Committee member) Dalley Family Trust (trustee) Teviot Prospects (Chair)	217 Scotland Street, Roxburgh (Property Owner) Gilchrist Town Orchard Limited (Shareholder/Director) Roxburgh and Districts Medical Services Trust (trustee) Roxburgh Entertainment Centre Improvement and Promotions Incorporated (committee member)	I and H McPhail Charitable Trust Roxburgh Cemetery Trustee Committee
Sally Feinerman	Feinerman’s Ltd, 109 Scotland Street (Owner / Director) New Zealand Motor Caravan Association (NZMCA) Member Roxburgh Pool Committee (Chair)	Breen Construction (employee / builder) NZMCA (member)	Teviot Valley Walkways Committee Ida MacDonald Charitable Trust Tuapeka County Bursary Fund Committee Teviot Prospects
Raymond Gunn	Stonehaven Limited (Director) Stonehaven Trust (Trustee) Roxburgh Gun Club (Secretary) Central Otago Wilding Conifer Control Group (member) Roxburgh Trotting Club (member) Roxburgh A&P Society (member) Coal Creek Cycleway Trust (Trustee) Teviot Valley Resthome Inc (Medical Services Trust delegate)	Stonehaven Trust (Trustee)	Ida MacDonald Charitable Trust Roxburgh and District Medical Services Trust Roxburgh Swimming Pool Redevelopment Committee
Stephen Jeffery	G & S Smith family Trust (Trustee) K & EM Bennett’s family Trust (Trustee) Roxburgh Gorge Trail Charitable Trust (Chair) Roxburgh and District Medical Services Trust (Trustee) Central Otago Clutha Trails Ltd (Director) Teviot Prospects (Trustee) Teviot Valley Community Development Scheme Governance Group Central Otago Queenstown Network Trust

Report author:	Reviewed and authorised by:

Wayne McEnteer	Sanchia Jacobs
Governance Support Officer	Chief Executive Officer
13/04/2021	14/04/2021