Agenda of Cromwell Community Board meeting

Cromwell Community Board Agenda

2 August 2022

MINUTES OF A mEETING OF THE Cromwell Community Board
HELD IN THE Cromwell Service Centre, 42 The Mall, Cromwell and live streamed on microsoft teams
ON Tuesday, 21 June 2022 COMMENCING AT 2.00 pm

PRESENT: Ms A Harrison (Chair), Mr T Buchanan, Cr N Gillespie, Cr C Laws, Cr N McKinlay, Mr B Scott

IN ATTENDANCE: T Cadogan (Mayor), S Jacobs (Chief Executive Officer), L Macdonald (Executive Manager - Corporate Services), L van der Voort (Executive Manager - Planning and Environment), G Bailey (Parks and Recreation Manager), R Williams ( Community Development Officer), A Mason (Media and Marketing Manager), D Rushbrook (General Manager, Tourism Central Otago), S Righarts (Chief Advisor), J Harris (Governance Support Officer)

Apology

Committee Resolution

Moved: Buchanan

Seconded: Gillespie

That the apology received from Mr Murray be accepted.

Carried

1 Public Forum

Rhys Boswell - Christchurch International Airport Limited

Mr Boswell updated the Board of the proposed airport at Tarras before responding to questions.

Marion Low - Cromwell and Districts Promotions Group

Ms Low spoke in support of the promotions grant for the Cromwell and Districts Promotions Group before responding to questions.

Marilyn Duxson – Sustainable Tarras

Dr Duxson spoke against the proposed airport at Tarras and referred to a recent survey conducted regarding opinions about the proposed airport. She then responded to questions.

Pierre Leyser - Cromwell Bike Park Update and Funding Request

Mr Leyser spoke in support of the funding request for the Cromwell Bike Park before responding to questions.

Paddy Henderson - Maintenance of Cameras in Cromwell Mall

Senior Constable Henderson spoke in regards to the upkeep of cameras in the Cromwell Mall before responding to questions

Jess Sutherland and Kate Barnett - Structural Changes to shed adjacent to McNulty House

Ms Sutherland and Ms Barnett discussed the project to renovate the McNulty shed next to the McNulty House to be a wine tourism venue as a tasting room for Central Otago wines.

Russ Fowler – MENZ Shed

Mr Fowler spoke regarding the lease for the Cromwell Menz Shed, to be situated at the Cromwell Transfer Station. He then responded to questions.

2 Confirmation of Minutes

Committee Resolution

Moved: McKinlay

Seconded: Laws

That the public minutes of the Cromwell Community Board Meeting held on 9 May 2022 be confirmed as a true and correct record.

Carried

3 Declaration of Interest

Members were reminded of their obligations in respect of declaring any interests. Cr Laws declared an interest in the item 22.4.2.

4 Reports

22.4.2 Road Naming Approval - Wooing Tree Development

To consider a request to name ten roads in the second stage of the Wooing Tree Development.

After discussion it was agreed that the Board needed additional time to consider the names proposed for this development.

Committee Resolution

Moved: Harrison

Seconded: Scott

That the item lies of the table until the next meeting to enable more information to come to hand and for the Board to have more time to consider these name options.

Carried

22.4.3 Closing of the Cromwell Memorial Hall

To reconsider the report presented to the Cromwell Community Board on 29 March 2022 regarding closure of the Cromwell Memorial Hall.

Committee Resolution

Moved: McKinlay

Seconded: Scott

That the Cromwell Community Board

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

B. Approves the immediate closure of the Cromwell Memorial Hall.

C. Approves Cromwell Community Board and Project Advisory Group engagement and approval process during the project (Tables 2 and 3).

Carried

22.4.4 Proposal to dispose of Part of Record of Title 13B/860 to Waka Kotahi New Zealand Transport Agency as agents of the Crown (PRO: 62-3047-00).

To consider disposing of approximately 1,740 square metres of Record of Title OT13B/860, to Waka Kotahi as agents of the Crown, for the purpose of constructing a roundabout at the intersection of State Highway 8B and Barry Avenue, and to consider allowing Waka Kotahi to erect a secure compound around part of Section 126 Block III Cromwell Survey District for the duration of the construction of new footpaths and underpass.

Committee Resolution

Moved: McKinlay

Seconded: Laws

That the Cromwell Community Board

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

B. Notes the previous agreement with Waka Kotahi for the compulsory acquisition of this land.

C. Agrees to:

1. Dispose of approximately 1,740 square metres of Record of Title OT13B/860, being the parcels marked “A” and “B” as identified in figure 2, to:

- Waka Kotahi New Zealand Transport Agency as agents of the Crown.

- In accordance with the provisions of the Public Works Act 1981.

- For $118,000 (One Hundred and Eighteen Thousand Dollars) plus GST (if any).

Subject to:

- The income being paid to the Cromwell Property General Account and held for the purpose of for the purpose of purchasing, enhancing, and//or maintaining, land within the Cromwell ward.

2. To agree to allow Waka Kotahi New Zealand Transport Agency to erect a secure compound around the area marked “E” as shown in figure 3 (Footpath Construction Zone), for the duration of the construction of the footpaths and underpass (as required), at no charge.

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

Carried with Mr Buchanan recording his vote against

22.4.5 Clarification of the terms of the Cromwell Menz Shed lease

To consider clarifying the terms of the lease granted to the Cromwell Menz Shed Charitable Trust over part of Lot 3 Deposited Plan 526140 being part of the Cromwell Transfer Station site.

After discussion this resolution was amended to provide a 12 month period for the incumbent tenant to vacate.

Committee Resolution

Moved: McKinlay

Seconded: Scott

That the Cromwell Community Board

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

B. Agrees to clarify the provisions of the lease granted to the Cromwell Menz Shed Charitable Trust by updating the terms and conditions of the lease as follow:

Commencement: 01 July 2023

Area: 1023 square metres more or less as shown in figure 5, being the ‘Revised Lease Area’

Term: Five (5) Years

Rights of renewal: Two (2) of Five (5) Years each

Expiry: 30 June 2038

Rent: To be assessed in accordance with Council’s Community Leasing and Licensing Policy (as adopted post review).

Rent Review: On renewal

Rent Review Methodology: In accordance with the Community Leasing and Licensing Policy

Permitted Use: The operations of a Menz Shed

Outgoings: Lessee pays 100% of the outgoings

Termination: In accordance with Council’s Community Leasing and Licensing Policy or as provided for in the Deed of Lease

Other terms/conditions: In accordance with Council’s Community Leasing and Licensing Policy or as provided for in the Deed of Lease

Subject to the Cromwell Menz Shed Charitable Trust:

- Meeting all costs associated with their occupation of the land and the construction of the group’s new facility.

- Funding and erecting security (deer) fencing along the boundaries marked ‘B2’, ‘B3’, and ‘B4’, as shown above in figure 5.

- Funding and installing a pair of security (deer) gates in the existing fence identified as B1 below in figure 5.

- The fencing and gates being erected to the satisfaction of Council’s Infrastructure Manager.

- Meeting all costs associated with connecting to the utility networks.

- Providing a tap for the sole purpose of supplying an unrestricted quantity of water to the existing structure as shown in figure 2, (if required).

- That the tap referred to above be located inside the existing structure to the satisfaction of Council’s Planning and Regulatory Services Manager.

- Vacating their current site on the Cromwell Equestrian Centre within 12 months of the commencement of the lease.

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

Carried

22.4.6 Proposal to stop Flora Street

To consider stopping the remaining section of Flora Street in accordance with the provisions of the Local Government Act 1974, then vesting the land in Council as a Local Purpose (Public Amenity) Reserve, in accordance with the provisions of the Reserves Act 1977.

Committee Resolution

Moved: Gillespie

Seconded: McKinlay

That the Cromwell Community Board

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

B. Notes the previous agreement with Waka Kotahi for the compulsory acquisition of this land.

C. Recommends to Council to approve the proposal to stop approximately 0.6447 hectares of unformed legal road (shown as in Section 3 SO 517704 in figure 3) being Flora Street, subject to:

- The provisions of the Local Government Act 1974.

- The public notification process as outlined in the same Act.

- No objections being received within the public notification period.

- The consent of the Minister of Lands.

- The stopped road being classified as Local Purpose (Amenity) Reserve, then vested in Council in accordance with the provisions of the Reserves Act 1977.

- An easement (in gross) in favour of (and as approved by) the Central Otago District Council being registered over all of Section 3 SO 517704.

- Easements (in gross) in favour of (and as approved by) Aurora Energy Limited, and Chorus New Zealand Limited, being created, and registered on the resulting title.

- District Plan designation (‘D97’) being updated to Local Purpose (Amenity) Reserve.

- The costs being paid from the final stage of the Gair Avenue Development project.

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

Carried

22.4.7 Cromwell Bike Park Funding Request

To consider a funding request from the Cromwell Bike Park.

Committee Resolution

Moved: Buchanan

Seconded: Scott

That the Cromwell Community Board

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

B. Agrees that the Cromwell Bike Park request for financial assistance is an exceptional circumstance under the Grants Policy.

C. Agrees to allocate $49,330 to the Cromwell Bike Park Inc for stage three of the upgrade to the Cromwell bike park to be funded from the Cromwell Reserve Contribution Account (3146).

Carried

22.4.8 Cromwell and Districts Promotions Group Promotions Grant Application

To consider the Cromwell Districts Promotions Group’s application to the Cromwell Community Board for promotion grant funding 2022-2023.

Committee Resolution

Moved: Gillespie

Seconded: Laws

That the Cromwell Community Board

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

B. Allocates the promotion grant of $90,000 to the Cromwell and Districts Promotions group for delivery of projects as outlined in the funding application for the 2022/2023 financial year.

C. Notes that staff will discuss the outcomes expected for funding for the 2023/2024 funding year onwards.

Carried

22.4.9 Cromwell Financial Report for the Period Ending 31 March 2022

To consider the financial performance overview as at 31 March 2022.

Committee Resolution

Moved: Gillespie

Seconded: McKinlay

That the report be received.

Carried

Note: Cr McKinlay left the meeting at 4.55 pm and returned at 5.01 pm.

5 Mayor’s Report

22.4.10 Mayor's Report

His Worship the Mayor gave an update on his recent activities and issues of interest in the ward.

Committee Resolution

Moved: Laws

Seconded: McKinlay

That the Cromwell Community Board receives the report.

Carried

6 Chair's Report

22.4.11 Chair's Report

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

· Noted recent absences of staff.

· Attended a Project Advisory Group workshop for the Cromwell Memorial Hall and Cromwell Mall redevelopment.

· Attended art events activities.

Committee Resolution

Moved: Gillespie

Seconded: McKinlay

That the report be received.

Carried

7 Members' Reports

22.4.12 Members' Reports

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

Cr McKinlay reported on the following:

· Attended meeting of Council.

· Attended meeting on the Mall developments.

Cr Laws reported on the following:

· Attended Cromwell Community House meeting with Russell Fowler.

· Attended the AGM of the Old Cromwell Association.

Cr Gillespie reported on the following:

· Attended the Goldminer memorial service.

· Attended a meeting of the Hearings Panel.

Mr Buchanan reported on the following:

· Attended a meeting at Tarras on tree felling.

Mr Scott reported on the following:

· Attended a Committee meeting at the Cromwell and Districts Promotions Group.

· Attended a Cromwell Connect meeting.

· Attended a meeting at the Cromwell community hub.

· Attended the Cromwell Community board workshop on Town centre upgrade.

· Attended a Cromwell Business Network meeting.

· Attended a Piano concert at Coronation Hall in Bannockburn organised by Arts Central.

· Attended the AGM of Old Cromwell Association.

Committee Resolution

Moved: Gillespie

Seconded: Scott

That the report be received.

Carried

8 Status Reports

22.4.13 June 2022 Governance Report

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

Committee Resolution

Moved: McKinlay

Seconded: Buchanan

That the report be received.

Carried

9 Date of The Next Meeting

The date of the next scheduled meeting is 2 August 2022.

10 Resolution to Exclude the Public

Committee Resolution

Moved: Gillespie

Seconded: McKinlay

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:

General subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Ground(s) under section 48 for the passing of this resolution
Confidential Minutes of Ordinary Board Meeting	s7(2)(i) - the withholding of the information is necessary to enable Council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)	s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7
22.4.14 - Gair Avenue Report	s7(2)(i) - the withholding of the information is necessary to enable Council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)	s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7
22.4.15 - June 2022 Confidential Governance Report	s7(2)(i) - the withholding of the information is necessary to enable Council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)	s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7

Carried

The public were excluded at 5.50 pm and the meeting closed at 6.30pm.

2 August 2022

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5 Reports

22.5.2 McNulty Shed proposal

Doc ID: 584737

1. Purpose of Report

To consider permitting Old Cromwell Incorporated to change the use of the garage on 42 Inniscort Street, to sublet the garage, and to build a new workshop.

Recommendations

That the Cromwell Community Board

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

B. Approve as Lessor, the adaptive reuse of the existing McNulty Shed and a new build on the south end of the carpark to be a maintenance shed for Old Cromwell Incorporated.

C. Authorises Old Cromwell Incorporated to sub-lease to Pinot Junction Ltd the existing McNulty Shed under terms and conditions that are satisfactory to the Chief Executive Officer.

2. Background

42 Inniscort Street

Council is the registered owner of the property at 42 Inniscort Street. The property is described as Section 28 Block IV Town of Cromwell (Section 28). Section 28 has an area of approximately 1009 square metres and is held by Council in fee simple Record of Title OT11/1424.

Improvements on the property currently include a large garage/workshop with a small compound attached, and car parks. A plan of Section 28, which is leased to Old Cromwell Incorporated, (Old Cromwell), is shown below.

Access to 44B Inniscort Street McNulty House, the carparking and the upper historic precinct can be gained via Section 28.

Figure 1 – Plan of Section 28 Block IV Town of Cromwell (42 Inniscort Street)

44B Inniscort Street

Council is the registered owner of the property at 44B Inniscort Street. The property is described as Lot 2 DP 25574 (Lot 2). Lot 2 has an area of approximately 503 square metres. It is held by Council in fee simple Record of Title OT17C/779.

Improvements on Lot 2 currently include two buildings and some carparking. Lot 2 is also leased the Old Cromwell. In turn, Old Cromwell sublet these two buildings to the Cromwell Arts and Crafts Society. Lot 2 is identified in figure 1 as 44B Inniscort Street.

40 Inniscort Street

40 Inniscort Street contains McNulty House and gardens. Council is the registered owner of the property which is described as Sections 29 – 31 Block IV Town of Cromwell (Sections 29 – 31). Sections 29 – 31 and has an area of approximately 2405 square metres. The property is held in fee simple Record of Title OT11A/1425.

Resource consent was granted to Old Cromwell to utilise McNulty House for public display/museum and visitor centre and to hold functions and activities from time to time.

Condition 1 of the resource consent requires that 8 car parks be provided on Section 28 Block IV Town of Cromwell. The car parks for McNulty house are shown below in figure 2.

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Figure 2– Plan of carparking used by McNulty House

Proposal to grant Sublease over 42 Inniscort Street being Part of Section 28

Earlier this year, Pinot Junction Limited (the applicants) contacted Old Cromwell to ask if they would consider sub leasing the garage/workshop on Section 28.

The applicants advised Old Cromwell that they had plans to establish a wine bar that they had identified the garage/workshop as an ideal location for the venture as it has street frontage.

At the request of Old Cromwell, the applicants then engaged an architect and a structural engineer to determine if the garage/workshop was suitable for conversion to a wine bar.

Draft resource consent and licence applications were also prepared and presented to Old Cromwell along with the advice from an architect and structural engineer. The applicant advised that they would proceed with the venture including applying for the necessary resource consent if a sublease were granted.

Garaging/Workshop

The garage/workshop on Section 28, is currently used by Old Cromwell as a workshop for maintenance/repairs and storage of tools. Excess building materials, tools, and rubbish bins are stored in the attached compound.

If a sublease is granted over the garage/workshop on Section 28, Old Cromwell will need to store their excess building materials, tools, and rubbish bins elsewhere.

New Garage/Workshop

Old Cromwell propose to construct a new garage on the southern end of Section 28. The new garage will be owned and used by Old Cromwell for purposes associated with maintaining and operating the historic precinct.

A plan of the existing and proposed garage/workshops is shown below in figure 3.

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Figure 3 – Plan existing and proposed garage/workshops

3. Discussion

Old Cromwell Lease

Old Cromwell hold a lease over Sections 28 – 31 Block IV Town of Cromwell, Lot 2 DP 25574, and Section 1 Survey Office Plan (SO) 23762, being Records of Title OT11A/1424, OT11A/1425, OT17A/327 and OT17C/779.

In total, the whole lease area, which is outlined in red below in figure 4, has an approximate area of 6,986 square metres.

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Figure 4 – Plan of the Old Cromwell Lease Area

The lease held by Old Cromwell was granted on the following terms and conditions:

· Date of Commencement 01 March 2013

· Term Five (5) years

· Further Terms Three (3) terms of five (5) years each

· Renewal Dates 01 March 2018, 2023, 2028

· Final Expiry Date 28 February 2033

· Annual Rent One Dollar ($1.00) plus GST if demanded.

Clauses in the lease which relate to the renovation of existing buildings, the construction of new buildings, and subletting, are outlined below.

Clause 2: The Lessee shall not erect any buildings upon the premises without the prior consent in writing of the Council.

Clause 3: The Lessee will not make any structural alterations to any buildings or other improvements without the prior consent in writing of the Council.

Clause 6: The Lessee will not assign this lease and will not without the prior consent of the Council sublet or part with the possession of the premises or any part thereof or mortgage or otherwise encumber this lease. In particular any sublease must be for the purposes of furthering “Old Cromwell’ and activities related thereto and in accordance with clause 11 of this lease.

Clause 11: The lessee will use the land comprised in the premises solely for the purpose of the operation of a historic precinct in conjunction with and part of “Old Cromwell” and related activities including attraction of visitors to a living history museum and the onsite production of arts and crafts and if at any time the Council is of the opinion that the land leased is not being used or is not being used sufficiently for the purposes specified herein the Council, after making such enquiries as the Council thinks fit and giving the Lessee an opportunity of explaining the usage of the land leased and if satisfied that the la land leased is not being used or is not being sufficiently used for the purposes specified in the lease, may terminate the lease on such terms as the Council approves.

Variation to Lease

Old Cromwell have now applied to vary their existing lease. The purpose of the

variation is to enable:

- the existing garage/workshop to be renovated, then sublet as a wine bar,

- the construction of a new garage on the southern end of Section 28.

Subleasing Implications

The sublease for the purpose of a wine bar is considered consistent with the activities in the heritage precent and will provide an opportunity to showcase Central Otago wine. The income from the sublease will enable old Cromwell to further develop the land at the Heritage Precinct.

4. Financial Considerations

There are no financial implications for Council associated with the proposal as Old Cromwell and the Applicants will be required to meet all costs associated with the proposal.

5. Options

Option 1 – (Recommended)

To agree to vary the lease held by Old Cromwell to:

1. Permit the change of use to the existing garage/workshop to a wine bar.

2. Allow the renovation and subletting of the garage/workshop on Section 28.

3. Agree to the proposal to build a new garage on the southern end of Section 28, subject to Old Cromwell and/or the Applicants

- obtaining all permits, consents, approvals, and licenses associated with the proposal.

- paying all costs associated with the proposal.

Advantages:

· Applicants can proceed with further work towards the resource and building consent.

· An opportunity to showcase Central Otago wines.

· A sublease will provide Old Cromwell with a further income to partially offset costs.

· Income from the sublease will provide Old Cromwell with income further develop the Heritage Precinct.

Disadvantages:

· Pressure on parking options.

Option 2

To not agree to vary the lease held by Old Cromwell.

Advantages:

· No extra pressure on parking.

· An alternative storage option would not be required by Old Cromwell.

· Old Cromwell would not need to fund new build storage.

Disadvantages:

· Applicants cannot proceed with further work towards a resource consent and building consent.

· Lost opportunity to develop the Heritage Precinct offering through showcasing the region’s wines.

6. Compliance

Local Government Act 2002 Purpose Provisions	This decision promotes the economic wellbeing of communities, in the present and for the future by enabling the precinct to promote Central Otago Wines and tourism as Cromwell seeks to become a visitor destination, and not just a town to pass through en route to Queenstown or Wanaka.
Decision consistent with other Council plans and policies? Such as the District Plan, Economic Development Strategy etc.	The activity is consistent with the current operation of the Heritage Precinct. Resource consent is required for the activity
Considerations as to sustainability, the environment and climate change impacts	The upgrade of the existing garage/workshop and build of a new workshop on the existing location will not impact the sustainability of the environment.
Risks Analysis	There are no risks associated with the decision.
Significance, Consultation and Engagement (internal and external)	The decision is not considered significant. No further analysis of impacts or community views is deemed necessary.

7. Next Steps

Notify Pinot Junction Ltd of the board decision.

8. Attachments

Appendix 1 - 20220528_MCNULTY SHED_PLANS FOR APPROVAL.pdf ⇩

Appendix 2 - 20220530_MCNULTY MAINTENANCE SHED_ FOR CODC.pdf ⇩

Appendix 3 - 22210 - 220509 - McNullty Shed Structural Markup TS.pdf ⇩

Appendix 4 - APPLICATION FOR RESOURCE CONSENT_MCNULTY SHED_draft.pdf ⇩

Appendix 5 - Matt Kate Barnett Response 10 June 2022 (002).pdf ⇩

Appendix 6 - Pinot Central_ INFO.pdf ⇩

Report author:	Reviewed and authorised by:

Debbie Shaw	Louise van der Voort
Property and Facilities Officer (Cromwell)	Executive Manager - Planning and Environment
30/06/2022	19/07/2022

2 August 2022

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22.5.4 Proposed Road Stopping - Part Melmore Terrace

Doc ID: 586942

1. Purpose of Report

To consider stopping part of Melmore Terrace, Cromwell in accordance with the provisions of the Public Works Act 1981, to maximise the design options and overall development of the new Cromwell Memorial Hall/Events Centre.

Recommendations

That the Cromwell Community Board

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

B. Recommends to Council to approve the proposal to stop an unformed portion of Melmore Terrace, being approximately 1640 square metres as shown in figure 1, subject to:

- All costs being paid from the Cromwell Memorial Hall/Events Centre Project budgets.

- The land being amalgamated with Record of Title OT11A/234 at nil consideration.

- An easement (in gross) in favour of (and as approved by) Aurora Energy Limited being registered on the new Record of Title.

- The final survey plan being approved by the Chief Executive Officer.

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

2. Background

At their meeting of 29 March 2022, the Cromwell Community Board considered a proposal to stop approximately 1640 square metres of Melmore Terrace (the Road).

The purpose of the proposed stopping was to maximise the design options and overall development of the new Cromwell Memorial Hall/Events Centre.

Prior to presentation of the report the land was valued (in accordance with the provisions of the Public Works Act) at $550,000.

A copy of the report to the Board dated 29 March 2022 is attached as Appendix 1.

While the Board agreed to the stopping in principle, they also raised a number of concerns regarding the value of the land, and the impact the purchase would have on the Memorial Hall/Events Centre budget.

On consideration, the Board resolved (RES 22.2.4) to leave the report to lie on the table.

Post presentation of the report, the Chair of the Board contacted Council’s Chief Executive to discuss the matter and its being left to lie on the table. Specific points raised by the Chair of the Board included:

- The existing [Hall] site being quite limited and challenging,

- The benefits of purchasing the road reserve in front of the hall to increase the size of building platform,

- Why the Board is required to pay for land when they cannot own it, and;

- That the Board would effectively be buying Council land as the Council from the Council.

The Chair of the Board then asked if it were possible for Council to consider transferring the stopped road to the Board for $1.00 and if the matter could be expedited so as not to cause additional delays to the Cromwell Memorial Hall/Events Centre project.

A report, which is attached as Appendix 2, was then put to the Council’s meeting of 06 July 2022 to seek clarity on the matter.

On consideration, the Council resolved (RES 22.5.3) as follows:

B. Agrees that when a road stopping is initiated internally, for the specific benefit of Council, that the matters relating to the costs be considered on a case by case basis, by Council, with the overall purpose of the stopping determining whether payment for the land is required.

3. Discussion

Original Proposal

As noted in the report to the Board dated 29 March 2022, the proposed stopping was supported by all relevant stakeholders on the conditions outlined in the report.

All stakeholders continue to support the proposed stopping which is shown below in figure 1.

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Figure 4 – Overview of Proposed Stopping

Public Benefit

As noted in Resolution 22.5.3, when a road stopping is initiated by Council for a public purpose, they will assess each application based on that level of public benefit.

In this instance, stopping the road and amalgamating it with Record of Title OT11A/234 will maximise the design options and overall development of the new Cromwell Memorial Hall/Events Centre. Maximising that design potential will public benefit.

In consideration of Resolution 22.5.3, and given the proposed stopping has a public benefit, the stopping is now being promoted subject to the road being stopped, and the land amalgamated with Record of Title OT11A/234, at nil consideration.

4. Financial Considerations

Council’s Roading Policy determines that the applicant is responsible for all costs associated with the road stopping.

A revised summary of the estimated total costs associated with this proposal are outlined below in table 1.

Description	Cost (inc. GST)
Valuation	$ 500.00
Survey & LINZ Fees	$ 4,500.00
Gazettal	$ 4,200.00
Legal Fees	$ 1,800.00
Total	$ 11,000.00

Table 1 – Estimate of costs associated with the proposed stopping

The costs outlined in table 1 will be paid from the existing Cromwell Memorial Hall/Events Centre Project budgets.

5. Options

Option 1 – (Recommended)

To recommend to Council to approve the proposal to stop an unformed portion of Melmore Terrace, being approximately 1640 square metres as shown in figure 1, subject to:

- All costs being paid from the Cromwell Memorial Hall/Events Centre Project budgets.

- The land being amalgamated with Record of Title OT11A/234 at nil consideration.

- An easement (in gross) in favour of (and as approved by) Aurora Energy Limited being registered on the new Record of Title.

- The final survey plan being approved by the Chief Executive Officer.

Advantages:

· The additional area of land will maximise the design options and overall development of the new Cromwell Memorial Hall/Events Centre.

· The stopping will have no impact on the existing formed carriageway or footpaths.

· Aurora’s infrastructure will be protected by registration of an easement in their favour.

· Is consistent with Council Resolution 22.5.3.

· The proposal is consistent with the Public Works Act 1981.

Disadvantages:

· Will result in a minor increase in the costs associated with the Cromwell Memorial Hall/Events Centre Project.

Option 2

To not recommend to Council to approve the proposal to stop an unformed portion of Melmore Terrace and to amalgamate the land with Record of Title OT11A/234 at nil consideration.

Advantages:

• Costs associated with the Cromwell Memorial Hall/Events Centre will not increase.

Disadvantages:

· Additional land will not be available for use in conjunction with the new Cromwell Memorial Hall/Events Centre.

· Is not consistent with Council Resolution 22.5.3.

· Does not recognise that the proposal is consistent with the Public Works Act 1981.

Option 3

To recommend to Council to approve the proposal to stop an unformed portion of Melmore Terrace and to amalgamate the land with Record of Title OT11A/234 on other terms and conditions.

Advantages:

• The Board may wish to make their own recommendations regarding the terms and conditions of the proposed stopping.

Disadvantages:

· Other terms and conditions may not:

- Align with the relevant legislation or policy.

- Be consistent with Council Resolution 22.5.3.

- Facilitate the construction of the new Cromwell Memorial Hall/Events Centre.

6. Compliance

Local Government Act 2002 Purpose Provisions	This decision promotes the economic wellbeing of the community by generating income from the disposal of land that is held (but not required) for roading purposes which has limited other use.
Decision consistent with other Council plans and policies? Such as the District Plan, Economic Development Strategy etc.	All costs associated with the stopping will be paid from the existing Cromwell Memorial Hall/Events Centre Project budget.
Considerations as to sustainability, the environment and climate change impacts	No sustainability, environmental or climate change impacts are related to the decision to stop the portion of unformed road. Increasing the footprint of the land available for the purpose of constructing the new Cromwell Memorial Hall/Events Centre (and possible museum) will assist with the future sustainability of the site.
Risks Analysis	No risks to Council are 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. Notice of the completed road stopping will be published in the New Zealand Gazette.

7. Next Steps

1. Community Board approval 02 August 2022

2. Council approval 24 August 2022

3. Surveyor and LINZ Accredited Supplier engaged September 2022

4. Survey Plan approved Late 2022

5. Gazette notice published (stopping complete) Early to mid-2023

8. Attachments

Appendix 1 - Copy of Report to the Board dated 29 March 2022. ⇩

Appendix 2 - Copy of Report to the Council dated 06 July 2022. ⇩

Report author:	Reviewed and authorised by:

Linda Stronach	Quinton Penniall
Team Leader – Statutory Property	Infrastructure Manager
7/07/2022	15/07/2022


AGENDA Cromwell Community Board Meeting Tuesday, 2 August 2022
Date:	Tuesday, 2 August 2022
Time:	2.00 pm
Location:	Cromwell Service Centre, 42 The Mall, Cromwell (Unless there is a move from the current Red Alert level, in which case it may be held in In both cases, due to COVID-19 restrictions and limitations of the physical space, public access will be available through a live stream of the meeting. The link to the live stream will be available on the Central Otago District Council's website.)
Sanchia Jacobs Chief Executive Officer

Report author:	Reviewed and authorised by:

Faye Somerville	Quinton Penniall
Roading Administration Assistant	Infrastructure Manager
8/07/2022	20/07/2022

Report author:	Reviewed and authorised by:

Julie Harris	Sanchia Jacobs
Governance Support Officer	Chief Executive Officer
21/07/2022	25/07/2022