Notice is hereby given that a Meeting of
the Riverton/Aparima Community Board will be held on:
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Date:
Time:
Meeting Room:
Venue:
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Monday, 21
March 2016
5.30pm
Southland District Council Office
117 Palmerston Street, Riverton
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Riverton/Aparima Community Board Agenda
OPEN
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MEMBERSHIP
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Chairperson
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Blair Stewart
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Deputy Chairperson
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Jan Breayley
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Members
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Timothy Anderson
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Neil Linscott
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Bruce Shields
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Andrew Wilson
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Councillor
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Rodney Dobson
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IN ATTENDANCE
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Community Engineer
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Greg Erskine
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Area Officer
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Alyson Hamilton
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Terms of
Reference for Community Boards
This Community Board is
a statutory body with delegated responsibility from Southland District Council.
The board members are elected to represent their community and advocate on
behalf of their community.
It can make decisions
on:
·
Tenders for leases of land
and buildings within its area up to $10,000. For tenders above that value, the
board can make a recommendation to either the Group Manager Services and Assets
or Council’s Activities Performance Audit Committee.
·
Managing local halls and
cemeteries
·
Managing reserves,
plantings, drainage, footpaths, street lighting, camping grounds, wharves,
jetties, lakeshores and slipways, litter control
·
Stewart Island –
governance of the Stewart Island Electrical Supply Authority
·
Te Anau – management
of the Te Anau Airport Manapouri
It can make recommendations to Council on:
·
Estimates, traffic
management, roading, recreation, elderly persons’ housing, noxious plants
control, pest destruction control, temporary road closures, local civil
defence, local welfare, waste management, economic development, resource
consent applications which are referred to the board for feedback, toilets and
local assets.
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Riverton/Aparima Community Board
21 March 2016
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TABLE OF
CONTENTS
ITEM PAGE
Procedural
1 Apologies 5
2 Leave of
absence 5
3 Conflict of
Interest 5
4 Public Forum 5
5 Extraordinary/Urgent
Items 5
6 Confirmation
of Minutes 5
Reports
7.1 Action
Sheet 15
7.2 Works
and Finance Report to Riverton Community Board for the period ended 29 February
2016 19
7.3 Issue
of Licence - Riverton Endowment Land, 164 Richard Street, Riverton 29
UPDATES
8.1 Local
Liaison Persons Report
The following is
a list portfolios by each Member;
Community Housing Member
Breayley
Community Pool Member
Shields
Emergency Management Member
Linscott
Parks & Reserves Member
Breayley
Resource Consents Member
Shields
Riverton Harbour Subcommittee Member
Stewart
Riverton Heritage & Tourist Centre Trust Member
Linscott
Venture Southland Kathryn
Cowie
Works Member
Wilson
Water &
Waste Member
Anderson
8.2 Chairman's
Report
The Chairman, Member Stewart, to report on matters with which he has
been involved since the Board’s last meeting.
8.3 Councillor's
Report
Councillor
Dobson to report on matters from the Council table.
Public Excluded
Procedural motion
to exclude the public 37
C10.1 Riverton
Skate Park Shelter update 37
At the close of
the agenda no apologies had been received.
2 Leave
of absence
At the close of
the agenda no requests for leave of absence had been received.
3 Conflict
of Interest
Community Board
Members are reminded of the need to be vigilant to stand aside from
decision-making when a conflict arises between their role as a member and any
private or other external interest they might have.
4 Public Forum
Notification to
speak is required by 5pm at least two days before the meeting. Further
information is available on www.southlanddc.govt.nz
or phoning 0800 732 732.
5 Extraordinary/Urgent
Items
To consider, and if
thought fit, to pass a resolution to permit the committee
to consider any further items which do not appear on
the Agenda of this meeting and/or the meeting to be held with the public
excluded.
Such resolution is
required to be made pursuant to Section 46A(7) of the Local Government Official
Information and Meetings Act 1987, and the Chairperson must advise:
(i)
The reason why the item was not on the Agenda,
and
(ii) The reason why the
discussion of this item cannot be delayed until a subsequent meeting.
Section 46A(7A) of the Local Government Official Information and Meetings
Act 1987 (as amended) states:
“Where an item
is not on the agenda for a meeting,-
(a) That
item may be discussed at that meeting if-
(i) That item is a minor
matter relating to the general business of the local authority; and
(ii) the presiding member
explains at the beginning of the meeting, at a time when it is open to the
public, that the item will be discussed at the meeting; but
(b)
no resolution, decision or recommendation may be
made in respect of that item except to refer that item to a subsequent meeting
of the local authority for further discussion.”
6 Confirmation
of Minutes
6.1 Meeting minutes of
Riverton/Aparima Community Board, 09 February 2016
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Riverton/Aparima Community Board
OPEN MINUTES
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Minutes of
a meeting of Riverton/Aparima Community Board held in the SDC Office, Riverton
on Tuesday, 9 February 2016 at 5.30pm.
present
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Chairperson
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Blair Stewart
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Members
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Timothy Anderson
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Neil Linscott
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Bruce Shields
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Andrew Wilson
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Councillor
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Rodney Dobson
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IN ATTENDANCE
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Area Engineer
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Greg Erskine
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Committee
Advisor
Customer
Support Person
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Alyson Hamilton
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Community
Development Planner
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Kathryn Cowie
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1 Apologies
Apology
for non-attendance was lodged by Member Breayley.
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Moved Member Anderson,
seconded Member Linscott and resolved:
That the
apology for non-attendance lodged by Member Breayley be accepted.
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2 Leave
of absence
There were no
requests for leave of absence received.
3 Conflict
of Interest
There were no conflicts of interest declared.
4 Public
Forum
There were no
members of the public seeking speaking rights in the Public Forum section of
the meeting.
5 Extraordinary/Urgent
Items
There were no
Extraordinary/Urgent items.
6 Confirmation
of Minutes
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Resolution
Moved Member
Linscott, seconded Member Stewart and resolved:
That the
minutes of Riverton/Aparima Community Board meeting held on 14 December 2015
be confirmed as a true and correct record.
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7 Reports
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7.1
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Action Sheet
Record No: R/16/2/1638
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Action
Sheet from the Board’s previous meetings, was tabled.
Issues
reported to the Board included;
Riverton
Signage
The meeting was advised the signage is
due to be installed prior to the next meeting of the Board. Members requested
the Area Engineer liaise with the Chair on progress of this project.
Railway Esplanade
The meeting was advised staff has yet to
receive a response from Rose Quirke regarding her approach to Land
Information New Zealand (LINZ) to raise the Board’s concerns of the
renewal of the licence/lease agreement with D T Kings Transport Ltd of the
Railway Esplanade area.
The meeting requested staff follow-up
with Ms Quirke with a response to be presented to the next meeting of the
Board.
Riverton Skate Park Shelter
Mr Erskine reported to the meeting that
the Structural Engineers report relating to the skate park shelter has been
received and has been forwarded to Riverton Engineering and Aparima
Engineering to provide quotes to be presented to the Board in due course.
Mr Erskine advised a copy of the report
has been forwarded to Corey Ward Boat Builders to provide a quote to
fibreglass the structure and is to be presented to the Board in conjunction
with the above quotes.
Taramea Bay Barbeque (BBQ)
The Area Engineer advised the BBQ has
been ordered and confirmation of siting will be undertaken on its arrival.
Mrs Cowie confirmed applications have
been lodged with appropriate funding agencies toward this project.
Riverton Dump Station site
Member Anderson raised the issue of the
proposed siting of the dump station at the Railway Esplanade area, which is
currently on hold whilst awaiting clarification of licencing issues with LINZ
suggesting that the original site at the Taramea Bay soundshell area would be
more appropriate given that the soundshell is scheduled for demolition.
Mr Erskine pointed out resource consent
issues with adjoining neighbours had resulted in the Board opting for another
site.
Following discussion it was agreed that
the Area Engineer pursue the option of the Soundshell area being the
preferred site for the dump station and that application be made for the
necessary resource consent.
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Resolution
Moved Member Linscott, seconded
Member Anderson and resolved:
That the Riverton/Aparima
Community Board:
a) Receives
the report titled “Action Sheet” dated 3 February 2016.
b) Determines
that this matter or decision be recognised as not significant
in terms of Section 76 of the Local Government Act 2002.
c) Determines
that it has complied with the decision-making provisions of the Local
Government Act 2002 to the extent necessary in relation to this decision; and
in accordance with Section 79 of the Act determines that it does not require
further information, further assessment of options or further analysis of
costs and benefits or advantages and disadvantages prior to making a decision
on this matter.
d) Requests
the Area Engineer liaise with the Chair, Member Stewart, on progress of the
Riverton Signage to be placed in the traffic island situated at the corner of
Downing and High Streets.
e) Requests
staff follow-up with Ms Quirke to ascertain the response from LINZ regarding
the renewal of the licence/lease agreement to D.T Kings of the Railway
Esplanade area.
f) Requests
the Area Engineer pursue the option of the Soundshell area being
the preferred site for the dump station and that application be made
for the necessary resource consent.
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7.2
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Works and
Finance Report to Riverton Community Board for the period ended 31 December
2015
Record No: R/16/1/790
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Works
and Finance report for the period ended 31 December 2016, was tabled.
Issues
reported to the Board included;
1
The new flying fox at Taramea Bay is complete
with the exception of some minor ground works.
2
The major drainage work on Palmerston Street
and Bay Road will be started in February. There will be temporary
traffic disruptions due to the location of the pipelines.
3
The Walker Street upgrade is close to going
out to tender, some minor alterations are being looked into to keep within
budget.
4
An estimate of $18,000 plus GST has been
received from Euan Shearing Contractor for the demolition of the
Soundshell. Mr Erskine advised this work is to be undertaken within the
next 3-6 weeks.
5
Havelock Street kerb and channel work is on
hold whilst the Area Engineer investigates further funding options. Mr
Erskine informed the $130,000 set aside in the budget is not sufficient to
complete this project in its entirety. Mr Erskine advised he is in
discussion with New Zealand Transport Association (NZTA) for a subsidy.
6
Mr Erskine advised staffing of Council’s
Task Force has decreased causing delays in township works being
undertaken. It was agreed a meeting be held with the Chair, Member
Stewart, Strategic Manager Property, Kevin McNaught and the Area Engineer to
discuss the option of utilizing local contractors for lawn mowing and garden
maintenance.
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Resolution
Moved Member Linscott, seconded Member Anderson
and resolved:
That the Riverton/Aparima
Community Board:
a)
Receives the report titled “Works and Finance Report to
Riverton Community Board for the period ended 31 December 2015” dated 29
January 2016.
b) Determines
that this matter or decision be recognised as not significant
in terms of Section 76 of the Local Government Act 2002.
c) Determines
that it has complied with the decision-making provisions of the Local
Government Act 2002 to the extent necessary in relation to this decision; and
in accordance with Section 79 of the Act determines that it does not require
further information, further assessment of options or further analysis of
costs and benefits or advantages and disadvantages prior to making a decision
on this matter.
d) Requests
staff arrange a meeting to include the Chair, Member Stewart, Strategic Manager Property, Kevin McNaught and the Area Engineer
to discuss the option of utilizing local contractors for lawn mowing and
garden maintenance within the Riverton Township.
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7.3
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Riverton and District Baths Society
Record No: R/16/1/1118
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1 Report
by Alyson Hamilton, Committee Advisor/Community Support Person, regarding the
Annual Report and Annual Financial Report for the year ended 31 March 2015 of
the Riverton and District Baths Society, was tabled.
2 Mrs
Hamilton advised that in a covering letter accompanying the annual report the
Society has requested the Board’s continual support to the Riverton
Pool.
3 Mrs
Hamilton informed that when considering the 2016/2017 estimates meeting (held
on 16 November 2015) the Board recommended that the pool rate to collect be
set at $34,037 (GST incl) or $20.68 per unit which is the same amount as that
allocated for the previous year 2015/2016.
Mrs Hamilton explained that when considering the pool rate
for 2016/2017 the Board resolved that the status quo prevail and the rate
remain the same as in 2015/2016.
Members noted the covering letter from the Society also
outlines the main areas in the restructuring programme for the Pool these
being;
§
Operational Costs
§
Increasing Utilization
§
Capital Upgrading
Following
discussion the Board confirmed its support to the Riverton and District Baths
Society for 2016/2017 being set at $34,037.00 (GST incl).
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Resolution
Moved Member Stewart, seconded Councillor
Dobson and resolved:
That the Riverton/Aparima
Community Board:
a) Receives
the report titled “Riverton and District Baths Society” dated 26
January 2016.
b) Determines
that this matter or decision be recognised as not significant
in terms of Section 76 of the Local Government Act 2002.
c) Determines
that it has complied with the decision-making provisions of the Local
Government Act 2002 to the extent necessary in relation to this decision; and
in accordance with Section 79 of the Act determines that it does not require
further information, further assessment of options or further analysis of
costs and benefits or advantages and disadvantages prior to making a decision
on this matter.
d) Confirms
its support to the Riverton and District Baths Society by recommending the
Pool rate for 2016/2017 be set at $34,037.00 (GST incl).
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7.4
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Local Elections Timetable 2016
Record No: R/15/12/22741
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1 Report
by Virginia Dillon outlining the local elections timetable for the Board’s
information, was tabled.
2 Members
noted the timetable was prepared by the Council’s Electoral Officer, Mr
Dale Ofsoske of Election Services Limited.
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Resolution
Moved Member Stewart, seconded
Member Anderson and resolved:
That the Riverton/Aparima
Community Board:
a) Receives
the report titled “Local Elections Timetable 2016” dated 26
January 2016.
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8 Updates
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8.1
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Chairperson's Report
Record No: R/16/1/1126
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Chairperson,
Member Stewart, reported on activities with which he has been involved since
the Board’s last meeting. These included:
§
Guest Speaker at the recent Riverton Probus
Club meeting
§
Meeting with Cole Engineering to discuss plans
and options for the construction of the Riverton Grandstand to be situated at
the Riverton Recreation Reserve
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8.2
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Local Liaison Persons Reports
Record No: R/16/1/1133
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Community
Housing
Members noted there are vacancies at two
community housing units.
Community Pool
Member Shields advised a meeting of the
Riverton and Districts Pool Committee is scheduled early February 2016.
Emergency
Management
Member Linscott reported to the meeting
that the Emergency Management team is scheduled to meet toward the end of
April 2016.
Parks and Reserves
The Area Engineer reported to the meeting
that arrangements have been made for the memorial panels recently installed
at the Riverton Cemetery to be cleaned on a monthly basis by the Riverton
Township Amenities Cleaner.
Works
Member Wilson expressed concern at the
lack of beautification work being undertaking adjacent the Bupa Retirement
Village.
Member Wilson pointed out to the Board
that the area concerned is the entrance to the Riverton Township and is not a
good look for the town.
Following discussion on this issue it was
agreed that Member Wilson liaise with the Chair, Member Stewart, and the Area
Engineer to undertake a site visit with the view of sending a letter to the
Bupa Retirement Village expressing concern at the standard of the township
entrance in regards to the fencing and stormwater issues.
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8.3
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Councillor's Report
Record No: R/16/1/1135
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Councillor Dobson reported on matters
from the District Council table as follows;
§
Adoption of Draft Annual Plan 2016/2017. The
consultation document is now out for public consultation.
§
Formation of Governance Group for the Around
the Mountains Cycle Trail project.
§
Approval given of unbudgeted expenditure for
the demolition of the Taramea Bay Soundshell in the 2015/2016 financial year.
§
Update on date scheduled for the environment
court hearing on the Around the Mountain Cycle Trail.
Councillor Dobson advised of a successful
2015 Riverton Township Christmas Parade expressing appreciation to staff for
presenting the Book Bus in the parade and encouraging the Community Board and
local organisations to participate in the parade for 2017.
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The Meeting concluded at 6.35pm CONFIRMED AS A TRUE AND CORRECT RECORD AT A
MEETING OF THE Riverton/Aparima
Community Board HELD ON TUESDAY, 9 FEBRUARY 2016.
DATE:...................................................................
CHAIRPERSON:...................................................
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Riverton/Aparima
Community Board
21 March 2016
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Action Sheet
Record No: R/16/3/4033
Author: Alyson
Hamilton, Committee Advisor/Customer Support Partner
Approved by: Alyson
Hamilton, Committee Advisor/Customer Support Partner
☐
Decision ☐ Recommendation ☒ Information
1 The
Action sheet from the Board’s previous meeting is circulated for
Members’ information.
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Recommendation
That the Riverton/Aparima
Community Board:
a) Receives
the report titled “Action Sheet” dated 15 March 2016.
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Attachments
a Riverton/Aparima
Community Board InfoCouncil Action Sheet - 21 March 2016 View
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Riverton/Aparima
Community Board
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21 March 2016
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Riverton/Aparima Community Board Action
Sheet - Excluding Public Excluded
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Author
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Due Date
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Subject
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Notes
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Kevin
McNaught
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21/03/2016
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Railway
Esplanade
Requests
staff follow-up with Ms Quirke to ascertain the response from LINZ
regarding the renewal of the licence/lease agreement to D.T Kings of the
Railway Esplanade area.
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Response
received that decision still with LINZ in Wellington.
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Greg
Erskine
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21/03/2016
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Dump
Station Site
Requests
the Area Engineer pursue the option of the Soundshell area being the
preferred site for the dump station and that application be made for the
necessary resource consent.
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Community
Engineer working with Mr Roy in the planning team to outline the required
procedure.
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Greg
Erskine
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21/03/2016
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Riverton
Signage
Requests
the Community Engineer liaise with the Chair Member Stewart on progress of
the Riverton Signage to be placed in the traffic island situated at the
corner of Downing and High Streets.
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Greg
Erskine
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21/03/2016
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Township
maintenance
Requests
staff arrange a meeting to include the Chair, Member Stewart, Strategic
Manager Property, Kevin McNaught and the community Engineer to discuss the
option of utilizing local contractors for lawn mowing and garden
maintenance within the Riverton Township.
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A
meeting has not been held at time of the action sheet update but is planned
for the week prior to the meeting.
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Alyson
Hamilton
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21/03/2016
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Riverton
and District Baths Society
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The
Board confirms its support to the Riverton and District Baths Society by
recommending the Pool rate for 2016/2017 be set at $34,037.00 (GST incl).
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Alyson
Hamilton
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21/03/2016
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Township Entrance Beautification.
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Byron
Dodge, Highways South Network Engineer confirms the area of land that the
Board are referring to is Government owned.
Mr
Dodge advises he will now undertake an onsite meeting which will include
photos, evaluate the fencing and report back to the Board.
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Greg
Erskine
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21/03/2016
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Public
BBQ
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Board
resolves to contribute $11,436.00 excluding GST for the proposed
installation of a BBQ and shelter for community use at Taramea Bay such
expenditure to be funded from the Board's Taramea Bay Rocks Reserve.
Board
resolves to commit funds for the ongoing operation and maintenance of the
BBQ.
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Greg
Erskine
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21/03/2016
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Soundshell
Demolition
Timing
and funding for the demolition of the Taramea Bay Soundshell
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Report
to Council approved for demolition of Soundshell, BBQ and landscaping at a
cost of $47k
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Kathryn
Cowie
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21/03/2016
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Funding
Applications
Requests
funding application be made to appropriate funding agencies for the
purchase of an electric BBQ approximate costing being $11,436.00 exclusive
GST.
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Funding
applications have been lodged with funding agencies for the March Funding
round.
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Recently Closed Action Items
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Author
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Completion Date
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Subject
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Notes
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Riverton/Aparima
Community Board
21 March 2016
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Works and Finance Report to Riverton Community Board
for the period ended 29 February 2016
Record No: R/16/3/3193
Author: Greg
Erskine, Community Engineer
Approved by: Ian
Marshall, GM - Services and Assets
☐
Decision ☐ Recommendation ☒ Information
Community
Engineer’s Report
1 The
new flying fox at Taramea Bay has had a great response from the local and
visiting children.
2 The
major drainage work on Palmerston Street will be completed in early April and
Bay Road will follow on from that. There will be temporary traffic
disruptions due to the location of the pipelines.
3 The
Walker Street upgrade is awaiting confirmation of NZTA funding prior to going
out to tender.
4 The
Community Engineer has been on two weeks sick leave since the last meeting and
this has delayed the response to some projects.
5 Final
details for the Sound Shell demolition are being confirmed. This is
programmed to be completed prior to Easter.
6 Several
Requests for Service (RFS) have been received during the period for items
including trees, signage, drainage, toilets and minor road repairs.
Water and Waste Engineer’s Report
7 The
monthly operations reports from Downer are provided to the Board secretary as
they are published. They include data on Downer’s district-wide
operations activities which is presented on a town by town basis.
8 For
the year to date there has been no unplanned expenditure exceeding the $5,000
threshold.
Financial Considerations
Community Engineer’s
Comments
9 Expenditure
is on target for this time of the year with some minor over expenditure.
Footpath expenditure has included the carry-over from last year with the
total being in excess of $95K.
Development and Financial
Contributions
10 The
table below outlines the balances of Development and Financial contributions
for your Board to 30 June 2015 plus any amounts invoiced for this financial
year to date. Spending of these funds is considered by Council staff
when projects are in the planning stage.
Once identified as a potential funding source for a project, confirmation from
the Group Manager Services and Assets is sought before undertaking the project
to ensure that the relevant policy and legislative requirements are met.
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Reserves Contributions
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$106,136
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Sewerage Contributions
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$281,752
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Water Contributions
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$101,454
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Reserves
11 Please find
the reserves report attached.
Loan
12 The
table below outlines the community loans as at 30 June 2015. The interest
rate applicable on this loan for the 2015/2016 year is 6.25%.
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Business Unit
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Balance
June 2015
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Years Remaining
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Focal Point (1015)
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26307
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$153,269
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2
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Pool
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26391
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$35,742
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6
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Recommendation
That the Riverton/Aparima
Community Board:
a) Receives
the report titled “Works and Finance Report to Riverton Community Board
for the period ended 29 February 2016” dated 14 March 2016.
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Attachments
a Riverton
Projects List and Financial Reports, 29 February 2016 View
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Riverton/Aparima
Community Board
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21 March 2016
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Project List
The table below shows all of the projects that are currently
planned for Riverton in 2015/2016. Items in Bold and Italics
are carried over from previous financial years.
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Activity
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Project
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Type
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Year
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Budget
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Status
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Officer’s
Comments
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Parks and Reserves
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Widen track
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MAINT PLAN
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2015/2016
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$5,000
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Not started
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Parks and Reserves
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Replacement Grandstand Facility
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LOS
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2015/2016
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$100,000
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Investigation
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Parks and Reserves
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New Flying Fox
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LOS
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2015/2016
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$20,000
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Complete
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Roading and Transport
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Footpaths
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REN
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2015/2016
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$48,000
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Complete
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Bay Road, Verdun Street and Rocks Highway.
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Roading and Transport
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Streetlight Renewal
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LOS
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2015/2016
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$5,000
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Investigation
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Roading and Transport
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Kerb work on Havelock Street
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REN
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2015/2016
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$130,000
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Not started
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Roading and Transport
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Palmerston Street Beautification
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MAINT PLAN
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2015/2016
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$15,000
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Investigation
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Planter boxes in place.
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Sewerage
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Urgent stabilising work to pump station opposite
77 Towack Street
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LOS
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2015/2016
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$60,000
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Completed
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Project completed
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Sewerage
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Replace main - Bay Street
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REN
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2015/2016
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$90,000
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Construction
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Sewerage
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RPZ Project
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REN
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2015/2016
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$50,000
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Construction
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Work required ensuring
compliance of RPZ installation with code requirements.
|
|
Sewerage
|
Dropper Renewals
|
REN
|
2015/2016
|
$80,000
|
Construction
|
This work to proceed to
sewer manholes with faulty droppers - Multiyear project.
|
|
Stormwater
|
Palmerston and Jetty Streets early renewal
|
REN
|
2015/2016
|
$75,000
|
Tender let
|
To be commenced following
the Christmas period.
|
|
Roading and Transport
|
Road and kerbing
|
LOS
|
2013/2014
|
$105,884
|
Design
|
Delay with design and documentation.
|
|
Library Services
|
Furniture and Fittings
|
|
2014/2015
|
$2,000
|
Completed
|
Bean bags and chairs supplied.
|
|
Roading and Transport
|
Footpaths
|
REN
|
2014/2015
|
$46,778
|
Completed
|
Orepuki Riverton Highway, Havelock
Street.
|
|
Water Supply
|
Capacity
|
LOS
|
2014/2015
|
$92,319
|
Construction
|
Continuation of work in progress (at
BU 26362).
|
|
Water Supply
|
Scheme Improvements
|
LOS
|
2012/2013
|
$1,384,191
|
Construction
|
Continuation of work in progress
(at BU 26362).
|
|
Riverton/Aparima
Community Board
21 March 2016
|
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Issue of Licence - Riverton Endowment Land, 164
Richard Street, Riverton
Record No: R/16/3/3416
Author: Virginia
Dillon, Property Officer
Approved by: Ian
Marshall, GM - Services and Assets
☒
Decision ☐ Recommendation ☐ Information
Purpose
1 The
purpose of this report is to approve of the issue of a licence to graze
endowment land at 164 Richard Street to Mr Malcolm John Sellars.
Executive
Summary
2 Mr
Allan Goble has indicated verbally that he does not wish to enter into a new
licence to graze land at 164 Richard Street, Riverton.
Due to access issues to the
land, an adjoining landowner is the ideal person to graze stock on the site -
Mr Sellars leases the adjoining land owned by Mr Goble and has expressed an
interest in grazing stock on the Council land.
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Recommendation
That the Riverton/Aparima
Community Board:
a) Receives
the report titled “Issue of Licence - Riverton Endowment Land, 164
Richard Street, Riverton” dated 16 March 2016.
b) Determines
that this matter or decision be recognised as not significant
in terms of Section 76 of the Local Government Act 2002.
c) Determines
that it has complied with the decision-making provisions of the Local
Government Act 2002 to the extent necessary in relation to this decision; and
in accordance with Section 79 of the Act determines that it does not require
further information, further assessment of options or further analysis of
costs and benefits or advantages and disadvantages prior to making a decision
on this matter.
d) Determines
that a licence over the Council land at 164 Richard Street, Riverton
described as Sections 22-27, Part of Sections 25-27 and Section 39, Block II,
and Part of Section 81, Block I, Jacobs River Hundred to Matthew John Sellars
for a term of two years from 1 April 2016 at an annual rental of $2,500 plus
GST.
e) Approves
of the draft licence attached.
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Content
Background
3 Council
is the owner of freehold endowment land at 164 Richard Street, Riverton.
4 The
current licence issued to Mr Allan Goble expires on 31 March 2016 and Mr Goble
has indicated that he does not wish to enter into another licence.
5 The
land is described as Sections 22-27, Part of Sections 25-27 and Section 39,
Block II, and Part of Section 81, Block I, Jacobs River Hundred. The land
is comprised in part of Certificate of Title 52/76 and contains 78.55 hectares
approximately.
6 The
licence permits grazing of sheep only.
7 Mr
Malcolm Sellars of Riverton grazes stock on Mr Goble’s land which adjoins
the endowment land and has indicated that he wishes to enter into a licence to
graze stock on the Council land.
8 The
rental payable under the current licence is $2,500 plus GST per annum.
9 Access
to the site is either through Mr Goble’s property or through the Council
Pound site.
Issues
Factors to Consider
Legal and Statutory
Requirements
10 A
draft licence is attached for the Board’s consideration.
Clauses to note are:
Term Two
years
Annual rental Suggested
$2,500 plus GST
1 b) The Licensee shall be
limited to grazing 300 breeding ewes and lambs at foot only while he leases the
adjoining land owners land.
7. Licensee
to keep fences, gates, enclosures in good repair.
16. THE
public shall at all times have access on foot to the said land.
20. THE
LICENSOR shall retain the absolute right at any time or times during the term
of this Licence to take back part or parts of the land for flora protection.
Community Views
11 The
views of the Board are deemed to represent those of the community.
Costs
and Funding
12 There
are no direct costs to the Board in dealing with the issue of a licence.
13 If
the land is not grazed there would be potential costs to the Board for ongoing
maintenance issues like noxious weeds and plants.
14 There
is also the potential for long and untidy grass to become a fire hazard.
Policy
Implications
15 None
identified.
Analysis
Options Considered
16 Option
1 - issue a licence to graze stock on the land to Malcolm Sellars.
17 Option
2 - Don’t issue a licence to graze stock.
Analysis of Options
Option
1 - Issue a licence to graze stock
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Advantages
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Disadvantages
|
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· No
maintenance costs to the Board.
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· None
identified
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Option
2 - Don’t issue a licence to graze stock
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Advantages
|
Disadvantages
|
|
· None
identified.
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· Alternative
arrangements would have to be organised.
· Potential
costs to the Board in maintaining the land.
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Assessment
of Significance
18 Not
a significant activity.
Recommended
Option
19 The
Officer recommends Option 1.
Next
Steps
20 Mr
Sellars will be advised of the Board’s decision and if approved licence
agreements will be sent for signing.
Attachments
a DRAFT
Licence to Graze Richard Street Land between Southland District Council and
Malcolm John Sellars View
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Riverton/Aparima
Community Board
|
21 March 2016
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SOUTHLAND
DISTRICT COUNCIL
LICENCE TO GRAZE
RICHARD STREET LAND
AGREEMENT made
this
day
of
2016
BETWEEN the Southland District Council a body
corporate under the Local Government Act 2002 (hereafter called “the
Licensor”) of the one part.
AND Malcolm John Sellars of Riverton (hereafter
called “the Licensee”) of the other part.
WHEREBY the Licensor in exercise of its powers under the
Local Government Act 2002 agrees to licence and the Licensee agrees to take a
licence of the land described in the Schedule hereto for the purposes of
grazing sheep UPON AND SUBJECT to the following covenants conditions and
provisions as set out herein PROVIDED HOWEVER that if any provisions set out in
the said Schedule shall be in conflict with any of the following covenants
conditions powers and provisions the provisions of the Schedule shall prevail.
SCHEDULE
LOCATION: 164
Richard Street, Riverton.
LAND: Sections
22-24 and Part of Sections 25-27 and 39, Block II and Part of Section 81, Block
I, Jacobs River Hundred as shown marked with bold black lines on the plan
attached hereto.
AREA: 78.55
hectares more or less.
TITLE
REFERENCE: Part
Certificate of Title 52/76.
TERM: Two
years commencing on 1 April 2016.
RENTAL: $______________
plus GST, per annum payable half yearly on 1st day of April and the 1st
day of October in each year.
USE OF
LAND: The
Licensee shall be permitted to use the land, the subject of this licence, for
the grazing of sheep only.
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Riverton/Aparima
Community Board
|
21 March 2016
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AND SUBJECT ALSO to the
following conditions, viz:
1. (a) The
Licensee shall use the land solely for grazing of sheep.
(b) The
Licensee shall be limited to grazing 300 breeding ewes and lambs at foot.
2. (a) The
Licensee will use and manage the said land in accordance with recognised sound
farm management practice.
(b) The
Licensee will pay to the Licensor at Invercargill the rent hereby reserved at
the time and in the manner provided herein.
3. THE
LICENSEE will to the satisfaction of the Licensor control the said land from
gorse, broom, and all noxious plants, and keep clear rabbits and other vermin
to a state no worse than at the date of commencement of this licence.
4. THE
LICENSEE shall not at any time during the said time assign, sublet, mortgage or
otherwise dispose of his interest or any part thereof in the lease without the
consent of the Licensor.
5. THE
LICENSEE will not break up or crop any part of the said land, nor cut down any
trees or brush, without the prior consent of the Licensor.
6. THE
LICENSEE will not erect any buildings, structures or subdivisional fencing on
the said land without the prior consent of the Licensor.
7. THE
LICENSEE will at all times during the term keep all fences, gates, enclosures
now erected or made or which may hereinafter be erected or made on the land or
on the boundaries thereof in good repair order and condition and yield up the
same at the expiration or sooner determination of the said term and shall
assume all the obligations that may be imposed on the Licensor by operation of
law in regard to the land or along the boundaries thereof.
8. THAT
in the event of the Licensee wishing to surrender this Licence during the
currency of the term such surrender may be accepted by the Licensor on such
condition as the Licensor may deem appropriate.
9. THE
LICENSEE shall permit any person or persons appointed by the Licensor to
inspect the land and all buildings, erections and installations and the
Licensee will immediately comply with all directions from the Licensor in
regard to any matter whatsoever.
10. THE
LICENSEE shall not damage or destroy any natural scenic historic cultural
archaeological biological geological or other scientific feature or indigenous
flora and fauna on the said land.
11. NOTHING
contained or implied in this Licence shall be deemed to confer on the Licensee
the right to acquire the fee simple of the said land.
12. ALL
or any of the powers and functions exercisable by the Licensor under these
presents may from time to time be exercised by the Chief Executive of the
Licensor or by any person authorised in that behalf by the Chief Executive.
13. IN
the event of a breach of any of the conditions of this licence, this licence
may be determined at any time by the Licensor in respect of the whole or any
portion of the land upon the Licensor giving to the Licensee one calendar
month’s notice in writing of his intention so as to determine this lease.
14. UPON
the expiration or sooner determination of this Lease either as to the whole or
any part of the said land the Licensee shall not be entitled to compensation
for any improvements effected by him but he may within such time as the
Licensor shall determine remove all buildings, enclosures, fencing, or other
improvements effected or purchased by him and should this lease be determined
as to part of the said land then the Licensor shall make such adjustment to the
rent payable as he shall in his discretion deem fit and proper.
15. THE
LICENSEE will not do or permit or suffer anything to be done in or upon the
land and any buildings thereon or any part or parts thereof which may be or
become a nuisance or annoyance or cause damage or inconvenience to the Licensor
or to the owners or occupiers of any neighbouring land or premises.
16. THE
public shall at all times have access on foot to the said land.
17. THE
LICENSEE will allow the Licensor together with its officers, workmen and
Contractors the right to enter upon with vehicle and by foot to pass over the
said land at any time.
18. THE
LICENSEE shall ensure at all times that stock grazing on the said land are kept
off and prevented from entering onto the adjoining land.
19. FOR
the avoidance of any doubt the term of this licence shall be at all times at
the discretion of the Licensor.
20. THE
LICENSOR shall retain the absolute right at any time or times during the term
of this Licence to take back part or parts of the land for flora protection.
21. THE
LICENSOR on giving 30 days’ written notice to the Licensee of its
intention to take back a further specified part of the land shall on the date
30 days after the posting of that notice to the Licensee be entitled to retake
that part of the designated land and to commence its development work on the
same.
22. ON
or before the date 30 days after the notice mentioned in clause (21) hereof was
posted by the Licensor to the Licensee, the Licensee shall remove his stock
from the specified part of the land and shall immediately thereafter erect a
stock proof fence so as to exclude his stock from grazing on that specified
part of the land taken by the Council.
23. AFTER
any taking of part of the land by the Licensor, the rental payable under the
Licence shall be reduced pro rata having regard to the area taken for
development and the total original area under this Licence and the reduced
rental shall commence from the date of the land was taken for the protection of
flora.
24. THE
notice referred to in clauses (21) and (22) hereof shall be deemed to have been
given to the Licensee from the date the same was posted to the Licensee’s
last known place of residence.
25. THE
Licensee will allow the public access to the existing walking tracks on the
said land which are included in the Riverton section of the Te Araroa National
Walking Track.
26. The
licensee if grazing any stock near any water body as defined by the Resource
Management Act 1991 shall fully comply with the relevant provisions of that
Act, the District Plan and any regional plan.
IN WITNESS WHEREOF THESE PRESENTS HAVE BEEN EXECUTED BY THE
PARTIES HERETO THE DAY AND YEAR FIRST ABOVE WRITTEN.
THE COMMON SEAL OF THE }
SOUTHLAND DISTRICT COUNCIL }
as Licensor was hereunto }
affixed in the presence of }
MAYOR
CHIEF
EXECUTIVE
SIGNED by the abovenamed }
MALCOLM JOHN SELLARS }
as Licensee in the } Licensee
presence of: }
Witness
Occupation
Address
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Riverton/Aparima Community Board
21 March 2016
|
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Exclusion of the Public: Local Government Official Information and
Meetings Act 1987
|
Recommendation
That the
public be excluded from the following part(s) of the proceedings of this meeting.
The general
subject 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(1) of the Local Government Official
Information and Meetings Act 1987 for the passing of this resolution are as
follows:
|
C10.1 Riverton
Skate Park Shelter update
|
General subject of each matter to be considered
|
Reason for passing this resolution in relation to
each matter
|
Ground(s) under section 48(1) for the passing of this
resolution
|
|
Riverton Skate Park Shelter update
|
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.
|
That the public conduct of the whole or 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 exists.
|