Agenda of Council meeting - Wednesday, 28 August 2024

Council Meeting Agenda

28 August 2024

MINUTES OF A Council Meeting OF THE Central Otago District Council
HELD AT Ngā Hau e Whā, William Fraser Building, 1 Dunorling Street, Alexandra
AND LIVE STREAMED VIA MICROSOFT TEAMS ON Wednesday, 31 July 2024 COMMENCING AT 10.30 am

PRESENT: His Worship the Mayor T Cadogan (Chairperson), Cr T Alley, Cr S Browne, Cr L Claridge, Cr I Cooney, Cr S Duncan, Cr S Feinerman, Cr C Laws, Cr N McKinlay, Cr M McPherson, Cr T Paterson

IN ATTENDANCE: P Kelly (Chief Executive Officer), L Fleck (General Manager - People and Culture), J Muir (Three Waters Director), S Righarts (Group Manager - Business Support), D Rushbrook (Group Manager - Community Vision) (via Microsoft Teams), D Scoones (Group Manager - Community Experience), L van der Voort (Group Manager - Planning and Infrastructure), J Thomas (Water Services Monitoring / Compliance Officer), N Lanham (Economic Development Manager), L Webster (Planning and Regulatory Services Manager), D McKewen (Systems and Corporate Accountant), C Martin (Project Manager – Organisational), D Charleville (Cromwell Pool Team Leader), W McEnteer (Governance Manager)

1 Karakia

His Worship the Mayor gave a karakia to begin the meeting.

2 Apologies

Apology

Resolution

Moved: Alley

Seconded: Feinerman

That the apologies received from Crs Duncan and Gillespie be accepted.

Carried

3 Public Forum

There was no public forum.

4 Confirmation of Minutes

Resolution

Moved: Alley

Seconded: Paterson

That the public minutes of the Ordinary Council Meeting held on 26 June 2024 be confirmed as a true and correct record.

Carried

5 Declarations of Interest

Members were reminded of their obligations in respect of declaring any interests. Cr Paterson declared an interest in item 24.9.8. She did not participate or vote on the item.

6 Community Board Chair Update

24.9.2 Community Board Chair Update

Norman Dalley, Chair of the Teviot Valley Community Board joined the meeting to discuss matters of interest to the Board.

Mr Dalley spoke to the possible developments that could be implemented in the Teviot Valley. He noted the final portion of the Roxburgh Gorge Trail that still needs to be completed. Mr Dalley spoke about possible projects within Roxburgh including portions of curb and channel in various locations included at the front of King George Park. He noted within the districtisation discussion, that many Teviot Valley ratepayers would struggle with paying higher rates and that another possible solution might include public/private partnerships for some assets. He then responded to questions.

Anna Harrison, Chair of the Cromwell Community Board joined the meeting to discuss matters of interest to the Board.

Ms Harrison spoke to the districtisation consultation and the submission from the Cromwell Community Board. Among her concerns was the dilution of local voice from the community board and an assurance that their concerns would still be recognised in decision making.

7 Reports

Note: With the permission of the meeting, item 24.9.22 was moved earlier.

24.9.22 Completing Districtisation: Consultation with the Community

To consider the consultation document on the proposal to further districtise activities, including community facilities, pools, parks, cemeteries and museum funding.

Staff identified several typos that had or were in the process of being amended. In addition there were further edits suggested for the consultation document:

· On p.27 - removal of the Clyde entry in the table

· On p.31 – add “within that ward” to the sentence that starts: This could include endowment land…

Resolution

Moved: Cadogan

Seconded: Alley

That the Council

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

B. Notes the feedback received by community boards on the proposal to further districtise activities.

C. Adopts the consultation document as amended.

D. Agrees that formal consultation occur with the community during August 2024, with hearings and deliberations in September 2024.

Carried

Note: Cr McKinlay assumed the Chair as the Three Waters and Waste portfolio lead.

24.9.3 July Wastewater Compliance Status Update

To consider progress on achieving Otago Regional Council Consent (ORC) compliance for Central Otago District Council (CODC) wastewater activities.

Resolution

Moved: Cooney

Seconded: Laws

That the report be received.

Carried

24.9.4 Status Reports for Cromwell Rising Main and Cromwell Drinking Water Upgrade

To report updates in relation to Cromwell’s drinking water upgrades.

Resolution

Moved: McKinlay

Seconded: McPherson

That the report be received.

Carried

Note: Cr Alley assumed the Chair as the Community Vision and Experience portfolio lead.

24.9.5 Economic Development Strategy

To provide an overview of the development of a district Economic Development Strategy 2024-2034.

After discussion it was agreed that Crs Alley and Paterson would act as liaisons for the steering group for this project.

Resolution

Moved: Claridge

Seconded: Feinerman

That the Council

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

B. Notes the update on the development of a new Economic Development Strategy.

C. Appoints Crs Alley and Paterson to act as liaisons to the steering group.

D. Extends duration of existing 2019-2024 Economic Development strategy until the new strategy is adopted.

Carried

Note: Cr Cooney assumed the Chair as the Planning and Regulatory portfolio deputy lead.

24.9.6 Smokefree and Vapefree Policy

To consider renewing the Smokefree and Vapefree Policy for an additional three years.

Resolution

Moved: Alley

Seconded: Paterson

That the Council

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

B. Adopts the Smokefree and Vapefree Policy.

Carried

24.9.7 Land Information Memorandum Fees

To consider the Land Information Memorandum (LIM) fees.

Resolution

Moved: McPherson

Seconded: Alley

That the Council

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

B. Agrees to the reduction of the LIM fees to reflect the 2023/24 fees and charges.

Carried

Note: Cr Paterson declared an interest in item 24.9.8. She did not participate or vote on the item.

24.9.8 Membership of the Hearings Panel

To consider adding Cr Paterson to the available members for the Hearings Panel.

Resolution

Moved: Cadogan

Seconded: Feinerman

That the Council

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

B. Agrees that Cr Paterson be added as a member of the pool of Hearings Panel members.

Carried

Note: His Worship the Mayor resumed the Chair.

Note: With the permission of the meeting, item 24.9.23 was moved earlier.

24.9.23 Submission to the Otago Regional Council Representation Review

To consider a submission to the Otago Regional Council’s Representation Review.

Resolution

Moved: Paterson

Seconded: Cooney

A. That the report be received.

B. Agrees to make a submission to the Otago Regional Council representation review.

C. Agrees to the wording of that submission.

D. Notes His Worship the Mayor (or alternate) will speak to the submission if needed.

Carried

24.9.9 Amendment to Standing Orders - Members Joining Remotely Counting as Quorum

To consider amending the Standing Orders to continue to have members joining remotely to be counted as part of quorum.

Resolution

Moved: Alley

Seconded: Paterson

That the Council

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

B. Agrees to amend the Standing Orders as indicated in Appendix One of the report to allow remote participants to be counted as quorum.

C. Adopts the updated Standing Orders for Council.

D. Notes the updated Standing Orders for Council will come into force on 1 August 2024.

Carried

24.9.10 Remuneration Authority Determination 2024/25

To receive the updated determination from the Remuneration Authority for the 2024/25 year.

Resolution

Moved: Cadogan

Seconded: Alley

That the report be received.

Carried

24.9.11 Elected Members' Allowance and Reimbursement Policy

To consider updates to the Elected Members’ Allowance and Reimbursement Policy.

Resolution

Moved: Cadogan

Seconded: Alley

That the Council

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

B. Agrees the changes identified in appendix one of the report.

C. Adopts the updated Elected Members’ Allowance and Reimbursement Policy, to come into force on 1 August 2024.

Carried

24.9.12 LGNZ Quarterly Report

To consider a quarterly report from Local Government New Zealand.

Resolution

Moved: Cadogan

Seconded: Alley

That the report be received.

Carried

Note: With the permission of the meeting, item 24.9.14 was moved earlier.

8 Mayor’s Report

24.9.14 Mayor's Report

His Worship the Mayor spoke to his report and in addition noted Cr Feinerman’s nomination for the LGNZ Awards and mentioned a letter received last week from Federated Farmers in relation to the ORC Regional Land and Water Plan.

Resolution

Moved: Cadogan

Seconded: Alley

That the Council receives the report.

Carried

24.9.13 Financial Report for the Period Ending 31 May 2024

To consider the financial performance for the period ending 31 May 2024.

Resolution

Moved: Browne

Seconded: Paterson

That the report be received.

Carried

9 Status Reports

24.9.15 July 2024 Governance Report

To report on items of general interest, receive minutes and updates from key organisations, consider Council’s forward work programme, business plan and status report updates.

Resolution

Moved: Alley

Seconded: Claridge

That the report be received.

Carried

10 Community Board Minutes

24.9.16 Minutes of the Cromwell Community Board Meeting held on 18 June 2024

Resolution

Moved: Feinerman

Seconded: Browne

That the unconfirmed Minutes of the Cromwell Community Board Meeting held on 18 June 2024 be noted.

Carried

24.9.17 Minutes of the Maniototo Community Board Meeting held on 20 June 2024

Resolution

Moved: Feinerman

Seconded: Browne

That the unconfirmed Minutes of the Maniototo Community Board Meeting held on 20 June 2024 be noted.

Carried

11 Committee Minutes

24.9.18 Minutes of the Audit and Risk Committee Meeting held on 7 June 2024

Resolution

Moved: Feinerman

Seconded: Browne

That the unconfirmed Minutes of the Audit and Risk Committee Meeting held on 7 June 2024 be noted.

Carried

12 Date of Next Meeting

The date of the next scheduled meeting is 28 August 2024.

13 Resolution to Exclude the Public

Resolution

Moved: Cadogan

Seconded: Laws

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	Plain English Reason
Confidential Minutes of Ordinary Council Meeting	s7(2)(g) - the withholding of the information is necessary to maintain legal professional privilege s7(2)(h) - the withholding of the information is necessary to enable Council to carry out, without prejudice or disadvantage, commercial activities 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) s7(2)(j) - the withholding of the information is necessary to prevent the disclosure or use of official information for improper gain or improper advantage	Legal professional privilege To enable commercial activities To enable commercial or industrial negotiations To prevent use of the information for improper gain or advantage
24.9.19 - July 2024 Confidential Governance Report	s7(2)(g) - the withholding of the information is necessary to maintain legal professional privilege s7(2)(h) - the withholding of the information is necessary to enable Council to carry out, without prejudice or disadvantage, commercial activities 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) s7(2)(j) - the withholding of the information is necessary to prevent the disclosure or use of official information for improper gain or improper advantage	Legal professional privilege To enable commercial activities To enable commercial or industrial negotiations To prevent use of the information for improper gain or advantage
24.9.20 - Confidential Minutes of the Cromwell Community Board Meeting held on 18 June 2024	s7(2)(b)(ii) - the withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information	Commercial sensitivity
24.9.21 - Confidential Minutes of the Audit and Risk Committee Meeting held on 7 June 2024	s7(2)(a) - the withholding of the information is necessary to protect the privacy of natural persons, including that of deceased natural persons s7(2)(g) - the withholding of the information is necessary to maintain legal professional privilege s7(2)(j) - the withholding of the information is necessary to prevent the disclosure or use of official information for improper gain or improper advantage	To protect a person's privacy Legal professional privilege To prevent use of the information for improper gain or advantage

Carried

The public were excluded at 12.12 the meeting closed at 12.16 pm.

28 August 2024

7 Reports

24.10.3 2024/25 District Wide Grant Applications - 1st Round

Doc ID: 1494684

Report Author:	Rebecca Williams, Community Development Advisor
Reviewed and authorised by:	Dylan Rushbrook, Group Manager - Community Vision

1. Purpose of Report

To consider the first round of the district wide grant applications for the 2024/25 financial year.

Recommendations

That the Council

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

B. Decides the grants to be allocated to the applicants of the community grants.

2. Background

The Central Otago District Council contributes to the social, economic, environmental and cultural well-being of the local community through the contestable grants process.

The objectives of the grants process are:

· Enhance well-being in the district (social, economic, environmental and cultural)

· Empower local communities

· Facilitate the delivery of community outcomes

· Promote our regional identity: Central Otago A World of Difference.

There are two types of grants that can be applied for, community grants and promotions grants. Each community board has grant pools available for both community grants and promotions grants and each are funded using different targeted rates, which means that one pool cannot subsidise the other. Each application must be considered on its own merit and its fit with the relevant grant criteria and available budget. District wide community grants are funded by the district general rate.

Each community board is delegated the authority to consider applications for activities and projects within its boundaries. Council considers applications for district wide community grant applications.

At this stage, there is no district wide promotions grants pool, however work is currently underway on an Events Strategy for the district which may explore this in more detail.

Council considers grant applications in two rounds annually. Applications for the first round closed on 7 July 2024 for a decision at this meeting. Any funds remaining, will be made available for a second round, with applications closing in March for a decision in May 2025.

Annually, there is $151,000 to distribute in the district wide community grants scheme.

3. Discussion

Community Grants

Eight community grant applications have been received in the current round requesting a total of $166,872. There is $151,000 to distribute over the two funding rounds in the 2024/2025 financial year. The details of the applications are provided in the table below:

No	Name of Organisation	Name of project / service	Purpose of funding	Total costs	Amount requested
1	NZ Council of Victim Support Groups Inc.	Supporting victims of crime, suicide, and traumatic events	Staff Expenses, Volunteer Expenses and Travel	$222,867.26	$10,000.00
2	Sport Otago	Sport Central	Operational costs of Sport Central	$340,600.00	$48,312.00
3	Central Otago Heritage Trust	Central Otago Heritage Trust	Funding Heritage Coordinator	$52,315.00	$44,000.00
4	Life Education Trust Heartland Otago Southland	Costs towards delivery of the Life Education programme	Subsidising school fees	$234,952.00	$4,000.00
5	Central Otago District Arts Trust	Operational costs	Operational Costs	$44,785.14	$44,000.00
6	Plunket Society	Central Otago community services	Staff wages for the coordinators in Cromwell and Maniatoto	$47,037.00	$4,000.00
7	Kaitūao o te Taitonga \| Volunteer South	huddl	huddl ongoing operations, workshops and seminars, further website and resource development	$126,015.00	$5,000.00
8	Central Otago Health Inc	Administration costs of Incorporated Society	Administration expenses	$15,421.00	$7,560.00

Copies of the applications, supporting documentation and staff assessments are provided to Council under separate cover.

4. Financial Considerations

As detailed above, there is $151,000 to distribute for the 2024/25 Community Grants round.

Should the Council support the applications as requested in full, then there would be no funds available for a second round of district wide community grants, as more money has been requested than there is available to distribute over the entire year.

If Council does not allocate its total budget in the first round, any funds remaining, will be made available for a second funding round, with applications closing in March 2025 for a decision in May 2025.

5. Options

Council is asked to consider each application and determine the appropriate level of funding. There are no other options as Council has the delegation to allocate grants from the contestable funds.

6. Compliance

Local Government Act 2002 Purpose Provisions	This decision promotes the social, cultural, economic and environmental wellbeing of communities, in the present and for the future by providing a contestable funding pool that enables projects to be delivered in the community that enhance wellbeing.
Decision consistent with other Council plans and policies? Such as the District Plan, Economic Development Strategy etc.	Yes, this decision is consistent with the Grants Policy, and other plans and policies that may be impacted by any of the individual grant applications.
Considerations as to sustainability, the environment and climate change impacts	There is no direct impact, some applications may have a positive environmental impact from time to time.
Risks Analysis	There is an opportunity-cost associated with the potential use of reserves for funding a district wide promotions grant from the general reserves fund.
Significance, Consultation and Engagement (internal and external)	The funding rounds were advertised in the local newspaper, Council’s website and Facebook page, and through combined agency community funding clinics. Discussions with departments of Council have taken place where there impacts arising from the application.

7. Next Steps

Once the Council has made a decision on the level of funding for each organisation, this will be communicated to each applicant and payments made.

8. Attachments

Appendix 1 - 2024/25 District Wide Community Grants Decision Table (under separate cover) ⇨

Appendix 2 - Victim Support Grant Staff Assessment (under separate cover) ⇨

Appendix 3 - Victim Support Grant Application (under separate cover) ⇨

Appendix 4 - Victim Support Grant Supporting Documents (under separate cover) ⇨

Appendix 5 - Sport Otago Grant Staff Assessment (under separate cover) ⇨

Appendix 6 - Sport Otago Grant Application (under separate cover) ⇨

Appendix 7 - Sport Otago Grant Supporting Documents (under separate cover) ⇨

Appendix 8 - Central Otago Heritage Trust Grant Staff Assessment (under separate cover) ⇨

Appendix 9 - Central Otago Heritage Trust Grant Application (under separate cover) ⇨

Appendix 10 - Central Otago Heritage Trust Grant Supporting Documents (under separate cover) ⇨

Appendix 11 - Life Education Trust Grant Staff Assessment (under separate cover) ⇨

Appendix 12 - Life Education Trust Grant Application (under separate cover) ⇨

Appendix 13 - Life Education Trust Grant Supporting Documents (under separate cover) ⇨

Appendix 14 - Central Otago District Arts Trust Grant Staff Assessment (under separate cover) ⇨

Appendix 15 - Central Otago District Arts Trust Grant Application (under separate cover) ⇨

Appendix 16 - Central Otago District Arts Trust Grant Supporting Documents (under separate cover) ⇨

Appendix 17 - Plunket Society Grant Staff Assessment (under separate cover) ⇨

Appendix 18 - Plunket Society Grant Application (under separate cover) ⇨

Appendix 19 - Plunket Society Grant Supporting Documents (under separate cover) ⇨

Appendix 20 - Volunteer Support Grant Staff Assessment (under separate cover) ⇨

Appendix 21 - Volunteer Support Grant Application (under separate cover) ⇨

Appendix 22 - Volunteer Support Grant Supporting Documents (under separate cover) ⇨

Appendix 23 - Central Otago Health Inc Grant Staff Assessment (under separate cover) ⇨

Appendix 24 - Central Otago Health Inc Grant Application (under separate cover) ⇨

Appendix 25 - Central Otago Health Inc Grant Supporting Documents (under separate cover) ⇨

28 August 2024

24.10.4 Review of Fees and Charges for Hazardous Waste Disposal

Doc ID: 1871614

Report Author:	Lauren Hunter, Solid Waste Team Leader
Reviewed and authorised by:	Louise van der Voort, Group Manager - Planning and Infrastructure

1. Purpose of Report

To consider the proposed changes to the fees and charges schedule for hazardous waste disposal.

Recommendations

That the Council

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

B. Approves the proposed changes to the fees and charges scheduled for hazardous waste disposal, including the introduction of a minimum charge for items less than 1 kg.

2. Background

Alexandra and Cromwell transfer stations have accepted various classes of hazardous waste since the 2020/21 financial year. Providing these services to the community is important to ensure the safe storage and disposal of these items which can have detrimental effects on humans and the environment if not stored or disposed of correctly.

As the acceptance of hazardous waste was new and evolving for Council in the 2020/21 financial year, Council opted to charge $10 per kg, regardless of the class of hazardous waste. With more understanding around the requirements and different processes needed to deal with the various types of hazardous waste, the fees and charges schedule was updated in the 2023/24 financial year to provide a separate charge for each class of hazardous waste accepted.

While it has been beneficial to separate the fees for each class of hazardous waste and charge more appropriately, it is evident that most customers and transfer station staff are not aware of which products fall under each hazardous waste class. It is therefore necessary for the hazardous waste fees and charges to be updated to reflect hazardous waste products rather than their respective classes.

3. Discussion

Using the 2024/25 financial year fees and charges which have already been approved by Council, the proposed changes to the descriptions of the hazardous waste fees and charges schedule are displayed in Table 1 below.

The only addition to Table 1 that has not previously been approved by Council is a minimum charge for hazardous waste items, particularly the firelighters and mothballs, which can be extremely light and therefore not weigh more than 1 kg. It is necessary to add in a minimum charge of $2 for these items to ensure that there is still a payment for the disposal of the hazardous waste, without charging the customer the full 1 kg cost.

Please note that gas bottles and waste oils have been included in the table below for completeness of hazardous waste items, and their associated charges remain unchanged from the costs already approved. The only change is that gas bottles have been specified in more detail to provide more clarity for customers and transfer station staff. These items will therefore be removed from the other sections within the existing fees and charges schedule on approval.

Table 1: Proposed disposal costs for hazardous waste items at the Alexandra and Cromwell transfer stations.

Item	Disposal Cost (per kg unless otherwise specified)*
Class 2
LPG gas bottles (4kg or larger)	11 (per item)
Helium and diving cylinders (any size)	11 (per item)
Fire extinguishers	11 (per item)
Camping gas cannisters	5
Aerosol cans	5
Class 3
Oil-based paints	5
Enamel paints	5
Decking oil/stain	5
Petroleum and diesel	5
Brake fluid
Turpentine and methylated spirits	5
Parrafin, kerosene and lamp oils	5
Nail polish remover (acetone)	5
Class 4
Firelighters	8
Mothballs	8
Class 5
Pool chlorine	9
Nitrate fertiliser	9
Hydrogen peroxide	9
Resin/fibreglass hardeners	9
Class 6
Herbicides and pesticides	10
Paint strippers	10
Antifreeze	10
Class 8
Cleaning products (drain cleaner, oven cleaner, bleach)	4
Miscellaneous
Miscellaneous hazardous waste items	3
Waste oils	3
Water-based paints	5
Minimum charge (items less than 1 kg)	2

4. Financial Considerations

Other than adding in a minimum charge for disposal of hazardous waste items that do not reach 1 kg in weight, all other costs have already been approved by Council at the 26 June 2024 meeting.

5. Options

Option 1 – (Recommended)

Update Council’s fees and charges schedule for hazardous waste, as outlined in Table 1 above.

Advantages:

· Provides a more user-friendly pricing structure for customers and transfer station staff, which will further encourage customers to dispose of their hazardous waste correctly if they understand what hazardous waste is.

· Having a better understanding of the pricing structure will allow customers to be charged more accurately by transfer station staff, which will better cover the costs for hazardous waste collection and processing.

Disadvantages:

· None.

Option 2

Status quo – to not update Council’s fees and charges schedule for hazardous waste.

Advantages:

· None.

Disadvantages:

· Has the potential to continue creating confusion for customers and transfer station staff around what hazardous waste is and what each of the classes are, which may see hazardous waste disposed of incorrectly.

· Customers will likely continue to not be charged correctly for hazardous waste due to persisting confusion around the pricing structure.

6. Compliance

Local Government Act 2002 Purpose Provisions	This decision promotes the social and environmental wellbeing of communities, in the present and for the future by creating a more user-friendly pricing structure which will educate customers and transfer station staff about hazardous waste, which will result in hazardous waste being disposed of correctly.
Decision consistent with other Council plans and policies? Such as the District Plan, Economic Development Strategy etc.	Yes, this is consistent with the Waste Management and Minimisation Plan (WMMP) 2024-2030. Table 4 Action 5.5 of the WMMP states that Council will provide facilities for disposal of domestic quantities of hazardous waste. Updating the fees and charges schedule to make it more user-friendly will encourage better use of these facilities if the community understands what hazardous waste is. This can be further supported by Council’s Waste Minimisation Officer providing education to the community.
Considerations as to sustainability, the environment and climate change impacts	Disposing of hazardous waste incorrectly can have detrimental effects on the environment. Providing the community with a fees and charges schedule which is easily understood will see the community be better educated about hazardous waste and will likely see an increase in the use of these services by the community. This will provide beneficial outcomes for the environment.
Risks Analysis	There is always risk for the transfer station staff when they are dealing with waste disposed of at their sites. This risk will be managed by staff training and by following standard operating procedures so is deemed low risk.
Significance, Consultation and Engagement (internal and external)	The change does not meet the threshold for consultation and engagement.

7. Next Steps

Council’s Waste team will organise new signage for Alexandra and Cromwell transfer stations and will have the fees and charges schedule updated on Council’s website.

The team will also work with their contractor Enviro NZ to update their transaction database to reflect the changes and will provide more education to the community on different types of hazardous waste and how it can be appropriately disposed of.

8. Attachments

Nil

28 August 2024

24.10.6 Additional Mobility Parking - Tarbert Street - Alexandra

Doc ID: 1886741

Report Author:	Paul Fleet, Roading Manager
Reviewed and authorised by:	Louise van der Voort, Group Manager - Planning and Infrastructure

1. Purpose of Report

To consider the installation of a new mobility park outside the WINZ building 57 Tarbert Street, Alexandra.

Recommendations

That the Council

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

B. Approves the installation of a restricted parking area for a new mobility park outside 57 Tarbert St, Alexandra.

2. Background

Council have received a recent public request to install an additional mobility park outside the WINZ Office at 57 Tarbert St, Alexandra.

Figure 1: Location of proposed mobility park on Tarber Street.

In consideration of the request a review of mobility parking spaces in the area identified that there are currently no mobility parks on the eastern side of Tarbert Street.

Figure 2: Existing mobility parking Alexandra CBD area.

As a result of further consultation and discussion with WINZ staff, they identified they see a number of their mobility impaired clients struggling to cross Tarbert St from the existing mobility park locations.

Additionally, during the inspection staff also identified that the current footpath and pedestrian access across the Tarbert St intersection is causing safety issues for mobility scooters and impaired users. The gradient at the interface between the road and footpath, outside 57 Tarbert Street (WINZ), exceeds the required crossing gradients, making it difficult for impaired persons using mobility scooters, wheelchairs, or walkers to navigate.

3. Discussion

It is proposed to install a new mobility park including markings, installation of a drop kerb and regrading of the existing crossing and footpath interface to improve safety for mobility impaired members of the public.

This report seeks resolution only by council to install the new mobility park in accordance with Section 120 (d) of The Roading Bylaw 2023. A copy of the full bylaw is attached in Appendix 1.

Schedule 1 of the Roading Bylaw 2023, which includes maps identifying all restricted parking areas throughout the network, is due for an update. The current restricted parking areas in the schedule do not fully align with what is signposted across the network. Roading staff are currently conducting an audit of restricted parking and will present a report to Council once completed. The audit and subsequent update will ensure Schedule 1 is accurate to support enforcement of restricted parking areas in the future if required.

During the installation of the mobility park, our contractor will address the safety issue and ensure the gradient meets the required standards, providing safer and easier access for all users. This improvement will enhance the area’s accessibility, making it navigable for those with mobility challenges.

4. Financial Considerations

Expenditure will come from existing approved 2024/25 annual roading operational budgets.

5. Options

Option 1 – (Recommended)

Approve the installation of a restricted park new mobility park outside 57 Tarbert Street, Alexandra

Advantages:

· Improved safety and accessibility for mobility impaired members of the public.

Disadvantages:

· Loss of one timed restricted park on the eastern side of Tarbert St

Option 2

Decline the proposal to install a new mobility park outside 57 Tarbert St, Alexandra

Advantages:

· One time restricted parking space will be maintained

Disadvantages:

· An identified access and safety issue for mobility impaired members of the public will remain.

6. Compliance

Local Government Act 2002 Purpose Provisions	This decision promotes the social wellbeing of communities, in the present and for the future by improving safety for mobility impaired members of the public in this area of the district.
Decision consistent with other Council plans and policies? Such as the District Plan, Economic Development Strategy etc.	Yes, this decision is consistent with Council’s roading bylaw.
Considerations as to sustainability, the environment and climate change impacts	Removes one timed park which may result in vehicles travelling further to find a park.
Risks Analysis	An identified safety risk will still be present if the mobility park is not installed.
Significance, Consultation and Engagement (internal and external)	This decision does not meet the threshold for consultation and engagement.

7. Next Steps

· If approved programme and complete works during the 2024/25 year.

· Complete a full audit of restricted parking areas across the network to enable a future review of Schedule 1 of the Roading Bylaw 2023.

8. Attachments

Appendix 1 - Roading Bylaw ⇩

28 August 2024

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24.10.7 Road Stopping and Legalisation adjacent 1190 Teviot Road

Doc ID: 1884269

Report Author:	Linda Stronach, Team Leader - Statutory Property
Reviewed and authorised by:	Louise van der Voort, Group Manager - Planning and Infrastructure

1. Purpose of Report

To consider a proposal to legalise the formed road, and to stop part of the unformed legal road, adjacent to 1190 Teviot Road.

Recommendations

That the Council

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

B. Agrees to legalise the road as formed between rapids 1190 and 1205 Teviot Road, and to stop two parcels of unformed legal road, as shown in figure 5 (the Legalisation Plan), in accordance with the provisions of the Public Works Act 1981, subject to:

- The parcel marked ‘A’ being stopped and amalgamated with Record of Title OT12A/127.

- The parcels marked ‘B’, ‘C’, and ‘D’ being taken, then vested in Council as legal road.

- The parcel marked ‘E’ being stopped and amalgamated with Record of Title 170533.

- The owner of 1190 Teviot Road paying $15,000 plus GST (if any) as the net value of the stopping and legalisation of the western side of Teviot Road.

- The owner of 1205 Teviot Road paying $1,985 plus GST (if any) as the net value of the stopping and legalisation of the eastern side of Teviot Road.

- The owner of 1190 Teviot Road pays all costs associated with the registration of all easements.

- The stopping and legalisation being approved by the Minister of Lands.

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

- The valuer’s fees being waived.

- Each party paying their own legal fees.

- Council paying a one third share of all remaining costs.

- The owners of 1190 and 1205 Teviot Road paying the other two thirds share of all remaining costs (in a 70/30 split as agreed between themselves).

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

2. Background

The Road

Teviot Road (the Road) starts at Roxburgh East Road adjacent to the Jedburgh bridge. The Road winds southward, down the true left of the Clutha River Mata Au, through the township of Millers Flat, to its end at the Millers Flat bridge. The Road is sealed, well used, and has many secondary roads coming off it. An overview of the Road is shown below in figure 1.

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Figure 1 – Overview of Teviot Road

The Road is about 17 kilometres long. For the greater part, it is about 20 metres wide but does range up to around 40 metres in some areas.

While the formed road generally winds southward, the legal road ‘zigzags’ quite sharply between rapid numbers 1190 and 1205 Teviot Road as shown below in figure 2.

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Figure 2 – Zigzagging of the legal road between rapids 1190 and 1205 Teviot Road

Encroachment to the Legal Road

The property at 1190 Teviot Road is a lifestyle block that consists of two parcels of land. The land is described as Section 123 Block VIII Benger Survey District (Section 123) and Lot 2 Deposited Plan (DP) 17927 (Lot 2). Section 123 is vacant land. There is a dwelling and an assortment of outbuildings on Lot 2.

In 2023, the owner of 1190 Teviot Road engaged a building company to construct a new shed on Section 123 just to the north of the dwelling on Lot 2. When the builder was preparing the associated consents, he noticed that the proposed site for the new shed appeared to encroach the legal road.

A surveyor has since been to the property to identify the true legal boundaries. This has confirmed that the proposed shed site, and some existing outbuildings, gardens, hedging, and a fence, all encroach onto the legal road. A plan of the encroachment, which is to the left of the hedge, and the true legal boundaries, are shown below in figure 3.

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Figure 3 – Overview of Encroachment/True Legal Boundaries

After the encroachment was identified, the owner of 1190 Teviot Road contacted Council to discuss stopping the parcel of legal road between the hedge and his legal boundary.

Encroachment of the Formed Road

The formed road follows a straight line through the zigzagging of the legal road. As a result, the northern span of the formed road has been constructed more to the east of the legal road, and in part over 1205 Teviot Road. In comparison, the southern span of the formed road has been constructed more to the west and in part, over 1190 Teviot Road. This means the formed road encroaches onto three parcels of private property.

An overview of the three encroachments, which vary in degree, are shown circled in red below in figure 4.

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Figure 4 – Overview of the Encroachment of the Formed Road as recorded in GIS

Stopping, Taking, and Legalisation

After discovering his encroachment to the legal road, the owner of 1190 Teviot Road applied to stop and purchase the parcel of unformed legal road between the hedge and the mutual boundary. It was while that application was being reviewed that the zigzagging of the legal road, and the three encroachments of the formed road, were identified. During the review, it was also noted that the owner of Lot 1 DP 341449 (Lot 1), is occupying a large parcel of unformed legal road at the southern end of the zigzag.

To enable the unformed legal road between the hedge and the mutual boundary to be stopped, the road as formed over Lot 1 must first be legalised. This is because almost the full width of the formed road is constructed over Lot 1. For the sake of practicality, the road as formed over Part Section 122, and Lot 2, should also be legalised in the same action. Legalising the formed road means Council will ‘take’ (buy) the land under the formed road, then have it vested as legal road.

The owner of Lot 1 was then contacted and has since agreed to the taking of the land under the road as formed over both Lot 1, and Part Section 122. They have also agreed to purchase the parcel of unformed legal road that they are occupying at the southern end of the zigzag. This will legalise the road as formed adjacent to 1205 Teviot Road and will make them a full party to the legalisation.

The owner of 1190 Teviot Road has also agreed to Council taking the land under the road as formed over Lot 2. This means the whole of the formed road through the zigzag can be legalised. It will also permit the two parcels of unformed legal road to be stopped and sold, making it a three party legalisation.

3. Discussion

Roading Network

The formed road does not follow the zigzagging of the legal road and reforming the road inside the existing legal boundaries would carry unnecessary expense. It would also create a slight cornering in the road that could impact safety and visibility through the area. This means legalising the current formation of the road is the best option for the roading network.

A full plan of the legalisation, which has been agreed to in principle by the Roading Manager, is shown on the following page, as figure 5.

Utility Networks & Provider Requirements

Aurora has an overhead pole network running up the western side of the formed road.

If the proposed stopping and legalisation is approved, Aurora may require an easement to protect any part of their network that is no longer contained within the legal road, but have advised that they doubt this will be necessary.

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Figure 5 – Legalisation Plan.

Legislation, Policy, & Statutory Procedure

Council’s Roading Policy determines the appropriate statutory procedure for stopping a legal road or any part thereof. The policy for selecting the correct statutory process is outlined in section 8.5 of Council’s Roading Policy, which says:

The Local Government Act 1974 road stopping procedure shall be adopted if one or more of the following circumstances shall apply:

a) Where the full width of road is proposed to be stopped and public access will be removed as a result of the road being stopped; or

b) The road stopping could injuriously affect or have a negative or adverse impact on any other property; or

c) The road stopping has, in the judgment of the Council, the potential to be controversial; or

d) If there is any doubt or uncertainty as to which procedure should be used to stop the road.

The Local Government Act process requires public notification of the proposal. This involves erecting signs at each end of the road to be stopped, sending letters to adjoining owners/occupiers and at least two public notices a week apart in the local newspaper. Members of the public have 40 days in which to object.

The Public Works Act 1981 road stopping procedure may be adopted when the following circumstances apply:

e) Where the proposal is that a part of the road width be stopped and a width of road which provides public access will remain.

f) Where no other person, including the public generally, are considered by the Council in its judgment to be adversely affected by the proposed road stopping;

g) Where other reasonable access will be provided to replace the access previously provided by the stopped road (i.e. by the construction of a new road).

It is proposed that the Public Works Act 1981 procedures be adopted for this application for the following reasons:

- The proposal is to stop part of the road width only.

- Public access will not be adversely affected.

Additionally, the Public Works Act 1981 further provides for:

- Legal road to be stopped, sold, and amalgamated with an adjacent title.

- Private land to be taken, (bought by Council), then vested as legal road.

Community Board Recommendation

The Teviot Valley Community Board (the Board) considered a report on this matter at their meeting of 01 August 2024.

On consideration, the Board resolved (RES: 24.5.2) to recommend to Council that they agree to the stopping and legalisation of the Road as outlined below in option 1.

4. Financial Considerations

Council’s Roading Policy determines that the applicant is responsible for all costs and expenses associated with their road stopping. This includes purchase of the land at valuation, which is determined on a before and after basis, as prescribed in the Public Works Act 1981.

The land is usually valued after the stopping has been approved, however. In this instance, the land has been valued in advance to enable the applicants to understand the net values, before committing to the legalisation. The agreed approximate areas and the net land values are outlined as follow:

1. Legalisation adjacent to 1190 Teviot Road:

Road to be stopped, then sold: 900m2 Land to be taken for road (from Lot 2): 135m2

Net area of road to be stopped/land to be taken for road: 765m2

Net land value: $15,000 plus GST (if any)

2. Legalisation adjacent to 1205 Teviot Road:

Road to be stopped, then sold: 1,140m2 Land to be taken for road (from Part Section 122) 95m2

Land to be taken for road (from Lot 1 DP 341449) 450m2

Net area of road to be stopped/land to be taken for road: 595m2

Net land value: $ 1,985 plus GST (if any)

Council’s Roading Policy also states that:

Council may, in its discretion, determine that there is an element of public benefit to the proposed road stopping, and may agree that the costs associated with the road stopping should be shared between the applicant and the Council in such proportions as the Council shall determine. This will normally only be considered in the situation where a section of formed road is located on private property, and a road stopping process is being undertaken in tandem with legalising the existing road alignment.

In consideration of the public benefit associated with the legalisation of the formed road, it is recommended that:

- The valuer’s fees, which have already been paid by Council, be waived.

- Each party pays their own legal fees.

- Council pays a one third share of all remaining costs.

- The two applicants pay the other two thirds share of all remaining costs (in a 70/30 split as agreed between themselves).

Should Aurora require an easement to protect any part of their network, it is proposed that the owner of 1190 Teviot Road, as the original applicant, pays all cost associated with its registration.https://cdocs.codc.govt.nz/docs/~D382153?Login=True?

5. Options

Option 1 – (Recommended)

To agree to legalise the road as formed between rapids 1190 and 1205 Teviot Road, and to stop two parcels of unformed legal road, as shown in figure 5 (the Legalisation Plan), in accordance with the provisions of the Public Works Act 1981, subject to: