Agenda of Teviot Valley Community Board meeting

Teviot Valley Community Board Agenda

30 July 2021

MINUTES OF A mEETING OF THE Teviot Valley Community Board
HELD IN THE Roxburgh Service Centre, 120 Scotland Street, Roxburgh
ON Thursday, 17 June 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), M Gordon (Parks Officer) and W McEnteer (Governance Support Officer)

1 Apologies

There were no apologies.

2 Public Forum

There was no public forum.

3 Confirmation of Minutes

Committee Resolution

Moved: Feinerman

Seconded: Dalley

That the public minutes of the Teviot Valley Community Board Meeting held on 20 May 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. Mr Gunn declared that he was now a committee member of the Teviot Valley Water Care Group.

5 Reports for Decisions

21.5.2 Allocation of Teviot Valley Walkways Reserve Fund

To consider allocating the balance of the Teviot Valley Walkways Reserve fund to improve the local walkway network in the 2021/2022 financial year.

After discussion it was decided that the Teviot Valley Walkways Committee should receive the money they had requested in the 2021/22 financial year and that there was no need to close the Teviot Valley Walkways Reserve account as it could be used again in the future. It was recommended to Council that there be a review of the delegation regarding the Teviot Valley Walkways Committee the next time the delegations manual was updated to consider whether the delegation was still needed.

Committee Resolution

Moved: Aitchison

Seconded: Jeffery

That the Teviot Valley Community Board

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

Carried

Committee Resolution

Moved: Jeffery

Seconded: Aitchison

B. Approves the proposed work programme and expenditure to come from the Teviot Valley Walkways Reserve.

Carried

Committee Resolution

Moved: Gunn

Seconded: Feinerman

C. Agrees to retain the Teviot Valley Walkways Reserve account.

Carried

Committee Resolution

Moved: Jeffery

Seconded: Feinerman

D. Recommend to Council that the delegation from the Teviot Valley Community Board to the Teviot Valley Walkways Committee be reviewed as part of the next delegation manual update.

Carried

Note: the meeting was adjourned at 2.58 pm and resumed at 3.34 pm.

6 Reports for Information

21.5.3 Teviot Valley Financial Report for the Period Ending 31 March 2021

To consider the financial performance overview as at 31 March 2021.

Committee Resolution

Moved: Gunn

Seconded: Feinerman

That the report be received.

Carried

7 Mayor’s Report

21.5.4 Mayor's Report

His Worship The Mayor was not present at the meeting.

8 Chair's Report

21.5.5 Chair's Report

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

· Attended two meetings of the Roxburgh Medical Services Trust. Noted that there is a new doctor starting on a part time basis in August.

· Attended the Roxburgh Pool Committee AGM.

· Attended a meeting of the Teviot Valley Water Care Group. Noted that he is now a committee member of that group.

· Noted submission of two service requests.

· Noted a conversation with Energy Efficiency & Conservation Authority regarding a feasibility study on water source heat transfer systems.

Committee Resolution

Moved: Feinerman

Seconded: Jeffery

That the report be received.

Carried

9 Members' Reports

21.5.6 Members' Reports

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

Ms Feinerman reported on the following:

· Attended two pool committee meetings. Noted that there is an application for funding to Central Lakes Trust.

· Attended a Teviot Prospects meeting.

· Attended two meetings of the Teviot Valley Walkways Committee.

· Attended the Roxburgh Pool Committee AGM.

· Attended a Business Breakfast meeting.

Mr Dalley reported on the following:

· Noted that he had done a lot of work with the rest home recently.

· Mentioned that there were a number of functions booked for the entertainment centre, but noted that overall movie patronage was slow.

Councillor Jeffery reported on the following:

· Attended a Teviot Valley Community Development Scheme meeting

· Attended weekly Regional RSE Chairs Zoom meetings.

· Attended a Teviot Prospects meeting.

· Attended two Council meetings.

· Attended two Hearings Panel sessions.

· Attended the Business Breakfast.

· Attended the Roxburgh Medical Services Trust meeting.

· Noted with sadness the passing of Shirley Howden.

· Attended a meeting with local MP Joseph Mooney.

· Attended a meeting of the Central Otago Labour Market Governance Group.

· Attended an Audit and Risk meeting.

Ms Aitchison reported on the following:

· Attended a Lions meeting.

Committee Resolution

Moved: Feinerman

Seconded: Dalley

That the report be received.

Carried

10 Status Reports

21.5.7 June 2021 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: Feinerman

Seconded: Aitchison

That the report be received.

Carried

11 Date of The Next Meeting

The date of the next scheduled meeting is 27 July 2021.

The Meeting closed at 4.20 pm.

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

CHAIR / /

30 July 2021

5 Reports for Decisions

21.6.2 Roxburgh Pool Lease

Doc ID: 544319

1. Purpose of Report

To consider the termination of the Roxburgh Area School lease and the granting of a lease to Roxburgh Pool Punawai Ora “Safe Water” Incorporated over the land containing the Roxburgh Pool.

Recommendations

That the Teviot Valley Community Board

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

B. Agrees to the termination of the Roxburgh Area School Lease over the land containing the Roxburgh Pool on 31 July 2021.

C. Agrees to grant a ground lease of an area of approximately 991m² over the land containing the Roxburgh Pool, as outlined in the report, to Roxburgh Pool Punawai Ora “Safe Water” Incorporated.

The general terms and conditions are as follows:

Commencement Date:	1 August 2021.
Term:	Fifteen years.
Rights of Renewal:	One of fifteen years.
Final Expiry Date:	31 July 2051.
Annual Rent:	$0 per annum.
Rent Review:	Five yearly and is based upon the terms of the Council’s current Community Leasing and Licencing Policy.
Tenant’s Outgoings	100% of all charges for rates, utilities, electricity, telephone, rubbish collection, and insurance.
Permitted Use:	Community pool.
Insurance:	Full insurable value.
Special Conditions:	The landlord reserves the right to terminate the agreement with six months’ notice if it requires part or whole of the occupied area for other actives.

2. Background

The Roxburgh Area School (the School) hold a ground lease over Council freehold land containing the Roxburgh Pool. All of the improvements on the land are owned by the School.

The legal description is Lots 1 and 2 Deposited Plan 7069 contained in Computer Freehold Register OT390/59, as more particularly shown outlined in red on the arial plan below.

The land area needs to be updated to include a parcel of stopped road so that all the pool assets contained on Council land are contained within the ground lease. The land parcel is outlined in yellow and black below on the aerial below. Section 1 Survey Office Plan 545231.

The Roxburgh Community Pool Group, now formally known as Roxburgh Pool Punawai Ora “Safe Water” Incorporated (the Pool Committee) sought funding towards the cost of replacing the almost century-old Roxburgh Pool through the Long-term Plan 2021/31.

To achieve this, the Pool Committee requested that the Teviot Valley Community Board (the Board) support this project by way of a one-off financial contribution of up to $500,000 towards construction, plus an annual operating grant.

The outcome of the community consultation was that the project is supported, and the funding is approved.

The next step in the process, for the Pool Committee, is for the ground lease and pool assets to be transferred to the Pool Committee so that they can take over the management of the facility and can make funding applications.

3. Discussion

The School ground lease contains no rights of assignment or subletting. Therefore, to complete a transfer of lease to the Pool Committee the following needs to occur:

· The School agrees to transfer the pool assets to the Pool Committee.

· The School agrees that the lease with Council will be terminated.

· Council grants a new ground lease to the Pool Committee.

Community Leasing and Licencing Policy

The following table demonstrates that the Pool Committee meets all seven criteria of the Community Leasing and Licensing Policy 2021. Therefore, the policy standard terms and conditions should be applied to its new lease. These are evaluated below:

Criteria

Key Questions

Assessment

The group’s purpose and activities must be consistent with the Council’s strategic direction.

What is the group’s purpose? What additional benefits will the proposal bring to the community?

The Pool Committee’s constitution states:

“The purposes of the Society are to:

a. Develop a new swimming pool complex and then continue to maintain and run the pool.

b. Apply any funds raised primarily for that purpose, and additionally for the purposes expressed below.

c. Ensure the Roxburgh, and wider Teviot Valley, community retain access to the use of a safe and well-appointed pool facility with the Roxburgh township.

d. Ensure the new Roxburgh community pool caters for all recreational, educational, social and sporting users of the pool facility.

e. To explore and consider all possibilities for an integrated pool and building facility with any possible other complimentary uses.

f. To cooperate with any other organisations or individuals whose objects or goals are altogether or in part similar to this society in order to advance and promote the purpose of this Society.

g. Ensure that the Roxburgh Community pool facility has an annual contribution from the Teviot Valley Community Board.

h. Maintain an active participation, as a community organisation, in any future governance or management structure of:

1. Refurbishment and re-development process.

2. A refurbished and redeveloped pool that results from all of the above purposes.”

Ø criteria met

It is desirable for groups to be an incorporated society or trust.

How does the group spend the money it raises and what happens to any surplus? What additional benefits will the proposal bring to the community?

The Pool Committee is an incorporated society and registered on the Charities Register.

Any surplus funds will be put back into the society. Their rules state that no member shall obtain any personal pecuniary profit.

Ø criteria met

The group must be sustainable in terms of membership and/or users for the term of agreement

Is there evidence that the group’s membership numbers and trends justify the proposal? Is there an open membership policy?

At the time of amalgamation there were 15 members of the society.

Community support for this project was demonstrated by submissions received during the Long-term Plan 2021/31 process.

Ø criteria met

The group must be in a financial position to fulfil its obligations under the agreement

How does the group fund its activities? Is there evidence that the group can afford to meet the obligations of occupying the land/building?

The Pool Committee proposes to fund the redevelopment of the pool through grants.

Ongoing income to be provided by grants, memberships, and casual pool entry fees.

Year-end	Statement of Financial Performance Surplus/deficit
2018	$169
2019	$50,300
2020	-$46,880

Cash in the bank at year ending 31 December 2021 is $11,857.

Ø criteria met

The land and buildings must be utilised to the fullest extent possible

How often will the building be used and what activities are planned? What alternatives have been considered by the group and why have they been rejected? Is there potential for the group to share facilities with other existing occupants?

The new pool will be an outdoor summer only facility.

It will be a shared school/community facility with the school having access during term time school hours.

Ø criteria met

The activity must not have the potential to adversely affect open space values or cause environmental harm

Is the activity consistent with relevant legislation and any applicable reserve management plans? Is there a potential for adverse environmental effects to be caused by the activity? If yes, how will these be mitigated?

There are no known adverse environmental effects caused by the proposed development of the Roxburgh Pool.

Ø criteria met

There must be demonstrated support and need within the community for the activity

Is there demonstrated support from the wider community and those expected to benefit from the activity? Are similar activities to the one being proposed, delivered by other facilities that are accessible to the group and the wider community?

As indicated above there is a strong membership base and community support for the Pool Committee.

Ø criteria met

The proposed terms and conditions of the new lease agreement are outlined below:

Commencement Date:

1 August 2021

Term:

Fifteen years

Rights of Renewal:

One of fifteen years

Final Expiry Date:

31 July 2051

Annual Rent:

$0 per annum (workings below)

Financial Year	2020	2019	2018
Subscriptions	$0	$0	$0
Affiliation Fees	$0	$0	$0
Balance	$0	$0	$0
Average	$0
2.50%	$0

Rent Review:

Five yearly and is based upon the terms of the Council’s current Community Leasing and Licencing Policy.

The Community Leasing and Licencing Policy 2021 provides that:

“Rent reviews shall occur every 5 years and will apply the formula of 2.5% of subscription income less any affiliation fees. This will be calculated as an average based on the tenant’s most recent 5 years of financial statements.”

Note: subscription income includes casual memberships such as casual entry fees.

Tenant’s Outgoings

100% of all charges for rates, utilities, electricity, telephone, rubbish collection, and insurance.

Permitted Use:

The demised land shall be used solely for the purposes of a community pool.

Insurance:

Full insurable value.

Special Conditions:

The landlord reserves the right to terminate the agreement with six months’ notice if it requires part or whole of the occupied area for other actives.

Redevelopment Approval

Under the standard terms and conditions of Council leases the lessee is required to gain written permission form the landlord to demolish, erect, alter, any improvements on the land.

The Pool Committee proposes to demolish all existing buildings and structures on site and construct the following:

· Main pool area with accessible ramp.

· Learner pool area with accessible ramp.

· Toddler pool.

· A building that will house a plant room, female and male change rooms, family room, storage, office, shop, and entry area.

· Seating area.

· Retaining wall and open pool style fence along the northern, southern and western site boundary. The fence will have a maximum height of 1.35 m. The proposed retaining wall will have a variable height of 1.3 -1.5m.

· Two pool cover bench seats and one below ground.

See Appendix 1 for the proposed redevelopment plans.

The proposed redevelopment plans have been reviewed by the Parks and Recreation Manager. Building consent will be required for the facility.

4. Options

Option 1 – (Recommended)

Agree to the termination of the School’s lease and the granting of a lease to Pool Committee over the Roxburgh Pool land as per the terms and conditions contained within this report.

Advantages:

· Supported by the Long-term Plan 2021/31.

· Terms and conditions are in accordance with the Community Leasing and Licencing Policy 2021.

Disadvantages:

· None.

Option 2

To not terminate the School lease and grant a lease to the Pool Committee.

Advantages:

· None.

Disadvantages:

· This option is not supported by the Long-term Plan 2021/31.

· The future of the Roxburgh Pool will not be secured.

5. Compliance

Local Government Act 2002 Purpose Provisions	This decision promotes the social well-being of communities, in the present and for the future by enabling the Pool Committee to provide a safe and well-appoint pool facility within the Roxburgh township.
Financial implications – Is this decision consistent with proposed activities and budgets in long term plan/annual plan?	This is consistent with the Long-term Plan 2021/31.
Decision consistent with other Council plans and policies? Such as the District Plan, Economic Development Strategy etc.	The proposed lease is consistent with the Community Leasing and Licensing Policy 2021.
Considerations as to sustainability, the environment and climate change impacts	This decision does not impact on the sustainability, environmental, and climate change of the district.
Risks Analysis	The health and safety obligations will be the responsibility of the tenant.
Significance, Consultation and Engagement (internal and external)	The Roxburgh Pool development was a key consultation point through the implementation of the Long-terms Plan 2021/31.

6. Next Steps

· The Board’s decision is communicated to the School and the Pool Committee.

· The School confirms the transfer of the assets upon the land to the Pool Committee.

· The termination of the School’s lease and the new lease to the Pool Committee is executed.

7. Attachments

Appendix 1 - Pool Redevelopment Plans ⇩

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
12/07/2021		13/07/2021


AGENDA Teviot Valley Community Board Meeting Friday, 30 July 2021
Date:	Friday, 30 July 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)	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 (member) Teviot Valley Rest Home Ltd (Director)	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) Teviot Valley Water Care Group (Committee Member) NZ Battery Project Technical Reference Group (TRG) (member)	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
14/07/2021	19/07/2021