MINUTES OF A Council Meeting OF THE Central Otago District Council
HELD AT Ngā Hau e
Whā, William Fraser Building, 1 Dunorling Street, Alexandra ON
Wednesday, 22
September 2021 COMMENCING AT 10.30 am
PRESENT: His Worship the Mayor T Cadogan (Chairperson), Cr N Gillespie (via Microsoft Teams), Cr T Alley, Cr S Calvert (via Microsoft Teams), Cr L Claridge, Cr I Cooney, Cr S Duncan, Cr S Jeffery, Cr C Laws, Cr N McKinlay, Cr M McPherson, Cr T Paterson
IN ATTENDANCE: S Jacobs (Chief Executive Officer), L Macdonald (Executive Manager - Corporate Services), J Muir (Executive Manager - Infrastructure Services), L van der Voort (Executive Manager - Planning and Environment), S Righarts (Chief Advisor), N Aaron (Community Development Advisor), P Penno (Community and Engagement Manager), I Evans (Water Services Manager), C Green (Infrastructure Finance Officer), Q Penniall (Environmental Engineering Manager), J McCallum (Roading Manager), F Somerville (Roading Administration Assistant), L Stronach (Statutory Property Officer), D Campbell (Planning Manager), A Rogers (Principal Policy Planner), L Webster (Regulatory Services Manager), K McCulloch (Corporate Accountant), G Robinson (Property Manager), P Keenan (Capital Projects Programme Manager), M De Cort (Communications Coordinator) (via Microsoft Teams), R Williams (Governance Manager) and W McEnteer (Governance Support Officer)
1 Apologies
2 Public Forum
Leigh Overton – Central Otago Health Inc
Leigh Overton spoke on behalf of Central Otago Health Inc about the organisation’s application for funding before responding to questions.
Rebekah de Jong and Jan Bean – Central Otago Districts Arts Trust
Rebekah de Jong and Jan Bean spoke on behalf of Central Otago District Arts Trust about the organisation’s application for funding before responding to questions.
Owen Booth and John Brimble – Sport Otago
Owen Booth and John Brimble spoke on behalf of Sport Otago about the organisation’s application for funding.
Jo Knight – Sport Central
Jo Knight spoke on behalf of Sport Central about the organisation’s application for funding.
Sam Marshall
Sam Marshall spoke about the current waste services review, waste services in the Maniototo and the hours of the Ranfurly transfer station before responding to questions.
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Moved: Alley Seconded: Paterson That the public minutes of the Ordinary Council Meeting held on 11 August 2021 be confirmed as a true and correct record. |
Members were reminded of their obligations in respect of declaring any interests. His Worship the Mayor declared an interest in item 21.7.10. Cr Jeffery declared an interest in items 21.7.11, 21.7.16 and 21.7.18. Cr Paterson declared an interest in item 21.7.2. Cr Calvert declared an interest in item 21.7.2. Cr Cooney declared an interest in item 21.7.18. Each withdrew from discussions and did not vote on those items.
Note: Cr Jeffery assumed the Chair as the Economic Development and Community Facilities portfolio lead.
Note: Crs Calvert and Paterson declared an interest in item 21.7.2. They withdrew from discussions and did not vote on the item.
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21.7.2 Council Community Grant Applications 2021-24 Financial Year |
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To consider round one of applications to the 2021-22, 2022-23 and 2023-24 Council general grants fund and to determine the grant allocation of each applicant. After discussion it was agreed to approve the grant for Central Otago Health Inc to ensure continuity in their operations of which Council has been a constant supporter. It was noted that Dunstan Hospital was an important asset for the community. |
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Moved: Duncan Seconded: Alley That the Council A. Receives the report and accepts the level of significance. B. Considers the following applications: i. Central Otago Health Inc to cover administration costs 2021/22 Requested: $7,556 Approve: $7,556 2022/23 Requested: $7,556 Decline: $0 2023/24 Requested: $7,556 Decline: $0
ii. Central Otago Heritage Trust to cover operational costs 2021/22 Requested: $40,000 Approve: $40,000 2022/23 Requested: $45,000 Decline: $0 2023/24 Requested: $50,000 Decline: $0
iii. Central Otago District Arts Trust to cover operational costs 2021/22 Requested: $47,488.10 Approve: $31,250 2022/23 Requested: $67,926.47 Decline: $0 2023/24 Requested: $63,458.16 Decline: $0
iv. Life Education Trust Heartland to cover operational costs in Central Otago 2021/22 Requested: $5,000 Approve: $3,000 2022/23 Requested: $5,000 Decline: $0 2023/24 Requested: $5,000 Decline: $0
v. Sport Otago for Sport Central operational costs in Central Otago 2021/22 Requested: $48,000 Approve: $41,549 2022/23 Requested: $48,960 Decline: $0 2023/24 Requested: $49,960 Decline: $0
vi. Sport Central for annual sports awards 2021/22 Requested: $1,000 Decline: $0 2022/23 Requested: $1,000 Decline: $0 2023/24 Requested: $1,000 Decline: $0 |
Note: Cr Cooney left the meeting at 11.26 am and returned at 11.28 am.
Note: Cr Duncan left the meeting at 11.26 am and returned at 11.27 am.
Note: Cr McKinlay left the meeting at 11.28 am and returned at 11.31 am
Note: The Mayor left the meeting at 11.28 am and returned at 11.30 am
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To consider options on the sector-led delivery of the district museum function following deliberations and direction from councillors on the Long-term Plan 2021-31. |
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Moved: McKinlay Seconded: Alley That the Council A. Receives the report and accepts the level of significance. B. Notes eight sector-led models were considered and analysed to provide the delivery of the district museum function. C. Notes a sector-led trust model is likely to be the most effective mechanism to deliver the district museum function. D. Endorses the establishment of a new sector museum trust to deliver the district museum function. E. Approves a portion of the $50,000 allocated to this function is retained for staff to facilitate the establishment of the trust by paying legal fees to review the trust deed and establishing the new trust. F. Authorises the Chief Executive Officer to enter into a performance agreement with the new entity upon which overall delivery will be measured against. G. Approves on the evidence of the establishment of the trust and the signing of the performance agreement the remaining balance of the $50,000 is transferred to this new entity. H. Approves that council will have active involvement in the trust with the appointment by the Chief Executive Officer of one staff member as a council representative on the trust. I. Approves that the district museum function will be delivered by the new trust for a trial period of two years with regular reporting to council on progress and delivery. J. Notes that any decision regarding funding beyond the two-year period will be considered under the museum investment framework soon to begin. |
Note: The Mayor assumed the Chair.
Note: Cr McPherson left the meeting at 12.03 pm and returned at 12.05 pm.
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To update Council on the Government’s 30 June 2021 and 15 July 2021 Three Waters Reform announcements, which change the reform process previously outlined in 2020, the specific data modelling Council has received to date, the implications of the revised Three Waters Reform proposal for Council alternative service delivery options and next steps (including uncertainties). |
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Moved: Cadogan Seconded: Alley That the Council A. Receives the report and accepts the level of significance. B. Notes the Government’s 30 June and 15 July 2021 Three Waters Reform announcements C. Notes officer’s advice on the accuracy of the information provided to Council in June and July 2021 as a result of the RFI and WICS modelling processes. D. Notes officer’s analysis of the impacts of the Government’s proposed three water service deliver model on the Central Otago community and its wellbeing, including the impacts on the delivery of water services and water related outcomes, capability and capacity, Central Otago District Council’s sustainability (including rate impact, debt impact, and efficiency). E. Notes the analysis of three waters service delivery options available to Council at this time provided in this report. F. Notes that a decision to support the Government’s preferred three waters service delivery option is not lawful (would be ultra vires) at present due to section 130 of the Local Government Act 2002 (LGA), which prohibits Council from divesting its ownership or interest in a water service except to another local government organisation, and what we currently know (and don’t know) about the Government’s preferred option. G. Notes that Council cannot make a formal decision on a regional option for three waters service delivery without doing a Long-term plan amendment and ensuring it meets section 130 of the LGA. H. Notes that the Government intends to make further decisions about the three waters service delivery model after 30 September 2021. I. Notes that it would be desirable to gain an understanding of the community’s views once Council has further information from the Government on the next steps in the reform process. J. Requests the CEO to give feedback to the Government on the following changes to the Government’s proposal: · Entrenching protections against privatisation in legislation in such a manner that these cannot be overturned by a simple majority of parliament. · Requirements for entities to develop strong relationships with councils in respect to planning for growth · Legislative requirements to use growth projections and spatial plans as a basis for planning for future growth, with 30 year plans which demonstrate that capacity requirements for growth have been incorporated into forward work planning. · That the entities be required to implement a funding mechanism similar to development contributions to enable cumulative effects of growth to be funded in an equitable manner across the entity area. · Establishment of a water ombudsman, as well as further legislative mechanisms that ensure consumer rights. · Legislative requirement for standardised pricing for baseline services that is a level of service that meets minimum compliance requirements irrespective of location. · That service levels higher than baseline could be paid for by the specific community who receives that benefit · Government review the rating legislation around the 30% uniform annual charges cap. This will need to be reviewed with consideration given to increasing the cap to possibly 40%. Alternatively, Central Government may need to consider funding rating reviews for all councils that will breach the 30% cap under the current regime. · That certainty be provided to local providers and contractors to ensure there is no negative financial or economic impact on local economies. · Competency-based non-iwi appointments to the representative group should reflect the community in which they deliver services to (such as rural and urban representatives). Individuals who have local government experience (such as former mayors and local government staff) should be eligible for appointment. K. Notes that the Chief Executive will report back once they have received further information and guidance from Government, LGNZ and Taituarā on what the next steps look like and how these should be managed. L. In noting the above, agrees it has given consideration to sections 76, 77, 78, and 79 of the Local Government Act 2002 and in its judgment considers it has complied with the decision- making process that those sections require (including, but not limited to, having sufficient information and analysis that is proportionate to the decisions being made). |
Note: Cr Alley left the meeting at 12.30 pm and returned at 12.31 pm.
Note: Cr McKinlay assumed the Chair as the Three Waters portfolio lead.
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To gain approval to undertake the necessary works on the Ripponvale Water Supply Scheme in order to improve its long-term resilience and ensure it complies with any requirements of the New Zealand Drinking Water Standards. |
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Moved: Jeffery Seconded: McPherson That the Council A. Receives the report and accepts the level of significance. B. Notes the revised programme of work on the Ripponvale Water Supply Scheme. C. Agrees that Fulton Hogan are engaged to undertake the work as a variation to the maintenance contract. D. Notes that $300,000 of the upgrade is funded through Stimulus Funding. E. Notes that stimulus funded work must be complete by 30 March 2022. |
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To receive an update on the procurement of three waters projects and consider a change in procurement approach for the remainder of the work under the Three Waters Stimulus programme. |
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Moved: Alley Seconded: Duncan That the Council A. Receives the report and accepts the level of significance. B. Notes the update on the Three Water Stimulus programme of work. C. Rescinds the decision to run an open tender for the stimulus funded falling main project and Manuherekia pipe crossing (Part of Resolution 21.2.15B). D. Agree that remaining work to be funded with water stimulus funding be undertaken as a variation to the Water Services Maintenance Contract. |
Note: The meeting adjourned at 12.56 pm and resumed at 1.31 pm.
Note: The Mayor assumed the Chair as the Sustainable Practices portfolio lead.
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To consider and provide information on cost increases for processing of kerbside recycling at the Frankton Materials Recovery Facility. |
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Moved: Jeffery Seconded: Alley That the Council A. Receives the report and accepts the level of significance. B. Approves a budget increase of $30,000 from general reserves for processing of recycling at the Frankton materials recovery facility. |
Note: Cr Duncan assumed the Chair as the Roading portfolio lead.
Note: The Mayor declared an interest in item 21.7.10. He withdrew from discussions and did not vote on the item. The Deputy Mayor assumed the Chair.
Note: The Mayor assumed the Chair.
Note: Cr Jeffery declared an interest in item 21.7.11. He withdrew from discussions and did not vote on the item.
Note: With the agreement of the meeting, item 21.7.13 was moved earlier.
Note: Cr Gillespie assumed the Chair as the Planning and Regulatory portfolio lead.
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To consider the dog control policy and practices undertaken in the 2020/2021 financial year, in accordance with Section 10A of the Dog Control Act 1996. |
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Moved: Duncan Seconded: Alley That the report be received. |
Note: Cr McPherson left the meeting at 1.58 pm and returned at 2.00pm.
Note: Cr Duncan left the meeting at 2.11 pm.
Note: Cr Duncan returned to the meeting at 2.15 pm.
Note: The Mayor assumed the Chair.
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To consider the project structure and proposed high-level timeline for the planning and design phase of the Cromwell Town Centre upgrade development. |
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Moved: Duncan Seconded: Laws That the Council A. Receives the report and accepts the level of significance. B. Approves the project structure and programme. C. Approves appointment of recommended Cromwell Community Board member to the Advisory Group. D. Appoints Nigel McKinlay to the Advisory Group. |
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21.7.15 Request for Minister of Conservation's consent to granting of easement over Local Purpose Reserve [PRO 61-2067-E1] |
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To consider granting the consent of the Minister of Conservation (under delegated authority) to the granting of an easement (in gross) over Section 1 Survey Office Plan 496959 and Section 1 Block XXXVIII Town of Alexandra (Local Purpose (Cemetery) Reserve) to Aurora Energy Limited. |
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Moved: McPherson Seconded: Cooney That the Council A. Receives the report and accepts the level of significance. B. Agrees to grant the consent of the Minister of Conservation (under delegated authority) to the granting of an easement (in gross) over Section 1 Survey Office Plan 496959 and Section 1 Block XXXVIII Town of Alexandra (Local Purpose (Cemetery) Reserve) to Aurora Energy Limited. |
Note: Cr Jeffery declared an interest in item 21.7.16. He withdrew from discussions and did not vote on the item.
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21.7.16 Request for Minister of Conservation's consent to the granting of a grazing lease over recreation reserve [PRO: 65-7040-L10] |
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To consider granting the consent of the Minister of Conservation (under delegated authority) to the granting of a grazing lease over part of the Roxburgh Recreation Reserve. |
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Moved: Duncan Seconded: Claridge That the Council A. Receives the report and accepts the level of significance. B. Agrees to grant the consent of the Minister of Conservation (under delegated authority), to Council granting a grazing lease over 4500 square metres of Part Section 181 Block II Teviot Survey District being part of the Roxburgh Recreation Reserve.
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Note: Crs Jeffery and Cooney declared an interest in item 21.7.18. They withdrew from discussions and did not vote on the item.
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To appoint Cr Cooney as the alternative member to the Hearings Panel and Cr Jeffery the alternative Chair of the Panel. |
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Moved: Cadogan Seconded: Alley That the Council A. Receives the report and accepts the level of significance. B. Appoints Cr Ian Cooney to join Cr Neil Gillespie, Cr Stephen Jeffery and Cr Martin McPherson as the Central Otago District Council’s Hearings Panel. Cr Cooney is appointed as the alternate member of the Panel who may be called upon in situations of absence or conflicts of interest. C. Appoints Cr Stephen Jeffery as the alternative Chair of the Hearings Panel, subject to Cr Jeffery receiving Chair accreditation. |
Nil
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His Worship the Mayor presented his report. |
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Moved: Cadogan Seconded: Duncan That the Council receives the report. |
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To report on items of general interest, receive minutes and updates from key organisations, consider Council’s forward work programme and the legacy and current status report updates.
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Moved: Cadogan Seconded: Claridge That the Council receives the report. |
The date of the next scheduled meeting is 3 November 2021.
11 Resolution to Exclude the Public
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Moved: Cadogan Seconded: Alley That the public be excluded from the following parts of the proceedings of this meeting. The general subject matter 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 of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:
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The public were excluded at 2.44 pm and the meeting closed at 3.15 pm.