Notice is hereby given that an Ordinary Meeting of Southland District Council will be held on:

 

Date:

Time:

Meeting Room:

Venue:

 

Wednesday, 2 May 2018

9am

Council Chambers
15 Forth Street
Invercargill

 

Council Agenda

OPEN

 

MEMBERSHIP

 

Mayor

Mayor Gary Tong

 

Deputy Mayor

Paul Duffy

 

Councillors

Stuart Baird

 

 

Brian Dillon

 

 

John Douglas

 

 

Bruce Ford

 

 

Darren Frazer

 

 

George Harpur

 

 

Julie Keast

 

 

Ebel Kremer

 

 

Gavin Macpherson

 

 

Neil Paterson

 

 

Nick Perham

 

 

IN ATTENDANCE

 

Chief Executive

Steve Ruru

Committee Advisor

Fiona Dunlop

 

 

Contact Telephone: 0800 732 732

Postal Address: PO Box 903, Invercargill 9840

Email: emailsdc@southlanddc.govt.nz

Website: www.southlanddc.govt.nz

 

Full agendas are available on Council’s Website

www.southlanddc.govt.nz

 

 

 


 


Council

02 May 2018

 

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 Council Minutes                                                                                                             5

Reports - Policy and Strategy

7.1         Late submission on LTP 2018-2028                                                                                                          7

7.2         2018-2028 Long Term Plan (LTP) - Deliberations                                                                          13

7.3         Draft Revenue and Financing Policy 2018 - Deliberations                                                    103

7.4         Draft Development and Financial Contributions Policy - Deliberations                     227

7.5         Draft Roading Bylaw 2008 (Revision 2, 2018)                                                                                273

Reports - Operational Matters

8.1         May 2018 Tourism Infrastructure Fund application                                                                321

Reports - Governance

9.1         Health and Safety                                                                                                                                          333

9.2         Health and Safety Update                                                                                                                        383

9.3         Te Anau Wastewater Discharge Project Committee Terms of Reference                    387

9.4         Revised Timetable for Consideration following Oral Submissions on the Representation Review                                                                                                                                                                  395   

Public Excluded

Procedural motion to exclude the public                                                                                                       398

C10.1    Tuatapere Sewerage Scheme Refund


Council

02 May 2018

 

1             Apologies

 

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

 

Councillors are reminded of the need to be vigilant to stand aside from decision-making when a conflict arises between their role as a councillor 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 Council 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 Council Minutes

There are no minutes for confirmation.


Council

2 May 2018

 

Late submission on LTP 2018-2028

Record No:             R/18/4/9355

Author:                      Shannon Oliver, Planning and Reporting Analyst

Approved by:         Rex Capil, Group Manager Community and Futures

 

  Decision                                        Recommendation                                  Information

 

 

 

Purpose

1        The purpose of the report is to ask Council if it will accept a late submission received after the closing date in relation to feedback on the Long Term Plan (LTP) 2018-2028.

2        The consultation document titled “We’re just getting started, Southland” was made available for public consultation during the period Wednesday 7 March 2018 to 8.00pm Monday, 9 April 2018.  The consultation document was advertised by newspaper and radio and a summary of the document was distributed to all households in the District.  In addition, just over 100 copies of the consultation document were distributed by post or email to organisations and individuals who requested a copy. There have been some issues with the distribution of the consultation document to households.

 Executive Summary

3        On Friday 20th April 2018, a late submission was received that provided feedback on the LTP 2018-2028.  The submitter was aware that they had missed the closing date but has asked council to consider acceptance of their feedback.

 

 

Recommendation

That the Council:

a)            Receives the report titled “Late submission on LTP 2018-2028” dated 26 April 2018.

 

b)           Accepts the late submission in relation to the 2018-2028 LTP Consultation document.

 

 

Attachments

a             Late Submission - Southland Heritage Railway Regional Group     

 


Council

02 May 2018

 


 

 


 


Council

2 May 2018

 

2018-2028 Long Term Plan (LTP) - Deliberations

Record No:             R/18/4/9352

Author:                      Nicole Taylor, Project Co-ordinator Corporate Planning

Approved by:         Rex Capil, Group Manager Community and Futures

 

  Decision                                        Recommendation                                  Information

 

 

 

Purpose

1        This report provides an overview of the key issues raised in the feedback on the 2018-2028 Long Term Plan (LTP) and seeks direction from Council about any changes to be included in the final LTP and supporting information.

2        The report also outlines changes recommended by staff in order to ensure that the information and budgets in the plan reflect any changes since being released for consultation. These include changes as a result of forecasting, final project costings and corrections.

Executive Summary

3        The 2018-2028 LTP consultation document We’re just getting started, Southland” and supporting information was adopted by Council on 27 February 2018.

4        Public consultation occurred from 7 March 2018 to 9 April 2018. 161 submissions were received including submissions on the LTP, Draft Revenue and Financing Policy and Draft Development and Financial Contributions Policy. One additional late submission has been received and is the subject of a separate report.  In addition, informal feedback was received via social media. 

5        A hearing for those wishing to present their feedback in person to Council was held on 18/19 April 2018 and 25 submitters spoke to their submissions.

6        This report asks Council to consider the feedback received on the LTP, and to consider a series of issues and options papers prepared by staff to assist Councillors in their decision-making.

7        Staff would like direction from Council about what changes, if any, are required to the final LTP and supporting information after considering community feedback and changes proposed by staff.

8        Recommendations are discussed in each of the issue papers and these have been bought forward for confirmation in the recommendations section of this report.

9        Feedback and changes related to Draft Revenue and Financing Policy and Draft Development and Financial Contributions Policy are the subject of separate reports.

 

Recommendation

That the Council:

a)        Receives the report titled “2018-2028 Long Term Plan (LTP) - Deliberations” dated 26 April 2018.

 

b)        Determines that this matter or decision be recognised as 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 in relation to the Investing in Community Future Planning issue that it confirms option 1- To future proof and support the investment of $150,000 in the first year increasing to $250,000 a year by year four to undertake more futures planning work.

 

e)        Determines in relation to the Improving the Around the Mountains Cycle Trail experience issues that it confirms option 1 – Centre Hill Road Connection ($126,000).

 

f)         Determines in relation to the Funding of the Around the Mountains Cycle Trail cost issue that it confirms option 1 – 100% Loan Funding.

 

g)        Determines in relation to the Investing in Open Spaces issue that it:

i.       Confirms option 1 – To future proof and establish an ongoing annual provision of $150,000 for open space design and planning and $5.5 million capital expenditure from years 4-10 (inflation adjusted).

ii.     Requests staff consider the submitter’s specific suggestions for facility improvements as part of the planning stage of the open spaces programme.

iii.    Indicate support in principle for the development of a regional community facilities and recreation strategy (as suggested by Sport Southland) and ask staff to raise the possibility with the other Southland councils.

iv.    Endorse the development of a strategic framework for management of freedom camping.

h)        Determines in relation to the Curio Bay Recreation Reserve issue that it confirms option 1 and requests staff to:

i.     Work with the South Catlins Charitable Trust and Department of Conservation to investigate removal of any camping and vehicles on that portion of the Curio Bay Recreation Reserve east of the existing road up to the headland.

ii.    Work with the South Catlins Charitable Trust and Department of Conservation to investigate the erection of a vehicle barrier along the portion of the reserve from east of the existing road up to the headland.

iii.   Continue to work with all other agencies around further protection where possible for the Yellow eyed penguins at Curio Bay.

 

i)          Determines that in relation to the Te Anau Office and Library issues that it confirms option 1 - to proceed with plans to carry out a feasibility study into a Te Anau community hub, programmed for 2019/2020.

 

j)          Determines that in relation to District and Local Issues/Projects and Operational Matters that it confirms the staff actions detailed for submission points 5.4, 30.1, 48.1, 62.3, 67.5, 68.1, 91.1, 94.2, 94.4, 123.9, 126.7, 128.1, 128.8, 129.15, 133.7, 134.16, 134.18, 136.4, 137.3, 137.5, 141.14, 142.7, 143.9, 157.1, 157.2, 161.2 as shown in the table in Appendix 7.

 

k)        Determines that in relation to the Regional Development issue that it:

i.     Notes the points raised and refer these to the Southland Regional Development Agency for consideration post its establishment.

ii.    Confirm the LTP funding for regional development activity in 2018/2019 remain at $1.8 million with the specific services to be provided to be finalised.

 

l)          Determines that in relation to the Funding Requests issue that it:

i.     Provide funding to the Loss and Grief centre of $15,000 in 2018/19 funded from District Operations reserve.

ii.    Provide no funding to the Fiordland Trails Trust.

iii.   Requests the Southland Regional Heritage Group keeps the Council informed of any future development related to the regional train park/museum.

iv.   Removes the funding of $10,000 set aside for Biodiversity co-ordinator.

 

m)       Determines that in relation to the Other Rating Changes issues that it confirms option 1:

i.    Revise the current SUIP definition to include all property types and assess the Stewart Island Waste Management Rate as a service rate.

ii.  Accept the proposed boundary changes for Athol Hall, Browns Hall, Waianiwa Hall, Edendale-Wyndham Hall, Tokanui-Quarry Hills Hall and Te Anau Community Board Rating boundaries as proposed in the supporting information to the 2018-2028 LTP Consultation document, and remove the Edendale Pool rate.

 

n)        Determines that in relation to the Staff Amendments and Updates issue that it confirms option 1 and directs staff to prepare the Long Term Plan 2018-28 with all amendments requested.

 

o)        Instructs staff to prepare the final 2018 Long Term Plan and supporting documents in a way that reflects the decisions that Council has made in relation to the submissions received and staff recommendations.

 

p)        Notes that submissions that relate to operational matters such as maintenance or renewal works, requests for more information, for reviews and changes to programmes or projects, have been provided to relevant staff and will be considered alongside existing work programmes and actioned as appropriate. 

 

 

 

Background

10      Council is required to adopt a Long Term Plan (LTP) by 1 July 2018.  Council officers prepared a draft Long Term Plan along with other information to support the development of a consultation document “We’re just getting started, Southland” that was adopted by Council on 27 February 2018.

11      The consultation document identified a number of key issues that it wished to receive feedback on as well as seeking feedback on the draft Revenue & Financing Policy and Development and Financial Contributions Policy.  These issues were:

·      Investing in community future planning

·      Improving the Around the Mountains Cycle Trail experience and funding the costs

·      Investing in open space experiences.

12      The consultation document also highlighted to the community:

·      The increased environmental standards impacting on water and stormwater discharges

·      Drinking water quality projects as a result of the Havelock North inquiry

·      The approach being taking to road pavements, replacing bridges and Council facilities

·      The financial and infrastructure strategies and changes to key policies.

13      Members of the public provided their feedback either through the online submissions system, manually on the form enclosed with the consultation document, and by writing to or emailing Council.  161 submissions were received with 37% of these received via email, 30% using the Council’s online form, 20% over the counter and 13% via post.

14      The feedback received related to the questions posed over key issues identified by Council as well as other general issues. Feedback was also received via Council’s Facebook page.

15      A booklet containing all the submissions was included in the agenda for the hearings held on 18 April 2018.  A summary of the feedback and copy of what was said has also been included in the tables at the end of each issue and option paper in the appendices.

16      Council is now being asked to consider feedback received along with the issues and options papers prepared by staff and indicate what amendments are needed to be made ahead of the adoption of the final LTP on 20 June 2018.

 

Issues

17      Councillors have received a complete booklet of all the submissions. 

18      The submissions have been analysed and inform the preparation of the issues and options papers (including recommendations) that form appendices to this report as follows:

-     Appendix 1: Investing in Community Future planning

-     Appendix 2: Improving the Around the Mountains Cycle Trail experience

-     Appendix 3: Funding the Around the Mountains Cycle Trail costs

-     Appendix 4: Investing in Open Space experiences

-     Appendix 5: Curio Bay Recreation Reserve

-     Appendix 6: Te Anau Office and Library

-     Appendix 7: District and Local Issues/Projects and Operational Matters

-     Appendix 8: Regional Development

-     Appendix 9: Funding Requests

-     Appendix 10: Other Rating Changes

-     Appendix 11: Staff Amendments and Updates

19     Councillors may identify any other issues from the submissions that they wish to discuss or consider warrants a decision or action from Council. 

20     The issues that were raised in submissions fall into five broad categories:

i.     Feedback on proposals outlined in the consultation document, on which staff have made a recommendation.
These are discussed in the attachments. 

ii.    Funding requests and other prominent issues raised through submissions, on which staff are seeking guidance or have made recommendations.  These are also outlined in the attachments.

iii.   Matters for further consideration
These relate to submissions that have raised issues that require further investigation.  Where appropriate, these will be considered as part of preparing for the Annual Plan 2019/2020.  Some other requests may be considered as part of the forward work programme.

iv.   Minor wording changes to the Long Term Plan documents

21     Due to the financial constraints the Council is operating under, including the need to stay within the parameters of its Financial Strategy, staff are only recommending budget and other changes where a proposal is sufficiently robust, clearly aligns with Council’s priorities, and has significant and broad community backing.  In some cases, further investigation may be required.

Factors to Consider

Legal and Statutory Requirements

22      Local authorities are required to develop a consultation document for the purpose of consulting with the community, as well as making publicly available the information that provides the basis for the preparation of the LTP.

23      Under the Local Government Act 2002 a local authority must use the special consultative procedure (SCP) in adopting a Long Term Plan. The consultation document was prepared to meet all legislative requirements and to include sufficient information to inform the public about what is planned for the District and the key issues.

24      As part of the SCP Council must provide an opportunity for persons to present their views to the local authority in a manner that enables spoken (or New Zealand sign language) interaction between the person and the local authority, or any representatives to whom an appropriate delegation has been made.  A hearing meeting was held on the 18/19 April at which 25 submitters presented their feedback in person to Council.

25      Before making a decision Council may request or consider comment or advice from staff of the local authority or any other person in respect of the proposal or any views on the proposal.

Community Views

26      Community views on the issues affecting the Long Term Plan were gathered via submissions during the formal one month public consultation period.  Feedback was also called for via Facebook. 

27      In considering the staff recommendations set out in the appendices to this report, Council should take into account the feedback received via all of these processes.

28      When making a decision about the issues and options, Council should also consider whether it has sufficient information about the views and preferences of those likely to be affected by or have an interest in the matter.

Costs and Funding

29      The financial implications of each of the options for the proposals and impact on rates were set out in the consultation document.  Additional details have been included in the issues and options papers where relevant.

Policy Implications

30      Relevant policy implications are discussed in detail in the individual appendices.

31      Feedback regarding the Strategic Framework and Performance Framework has been considered as part of Appendix 7 - District and Local Issues/Projects. At this stage staff are recommending no change to the community outcomes or levels of service and key performance indicators. If Council does decide to change these, staff will need to amend relevant policies and documents accordingly (i.e. Revenue and Financing Policy, Activity Needs Analysis, Activity Management Plans).

Analysis

Options Considered

32      Refer to the attachments for a full list of the options for each issue.

Assessment of Significance

33      Council’s deliberations and decision-making on the issues that will inform the development of the Long Term Plan, and the setting of rates, is considered to have a high level of significance.  Individual issues have differing levels of significance. 

Recommended Option

34      The recommended options are outlines in the appendices to this report.

Next Steps

35      Following Council’s deliberations and decision-making, staff will develop the final LTP and supporting information. A draft of the final LTP and updated supporting information will be audited in late May. The full LTP will also be circulated to the Finance and Audit Committee on 14 June 2018 prior adoption by Council on 20 June 2018.

 

Attachments

a             1 - Issues and Options Paper - Investing in Community Future Planning

b             2 - Issues and Options - Improving the Around the Mountains Cycle Trail

c             3 - Issues and Options - Funding the Around the Mountains Cycle Trail Costs

d            4 - Issues and Options Paper - Investing in Open Spaces

e             5 - Issues and Options Paper - Curio Bay Recreation Reserve

f             6 - Issues and Options Paper - Te Anau Office and Library

g            7 - Issues and Options Paper - District and Local Issues/Projects and Operational Matters

h            8 - Issues and Options Paper - Regional Development

i              9 - Issues and Options Paper - Funding Requests

j              10 - Issues and Options Paper - Other rating changes

k             11 - Issues and Options Paper - Staff Amendments and Updates    

 


Council

02 May 2018

 

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2 May 2018

 

Draft Revenue and Financing Policy 2018 - Deliberations

Record No:             R/18/4/8978

Author:                      Robyn Rout, Policy Analyst

Approved by:         Anne Robson, Chief Financial Officer

 

  Decision                                        Recommendation                                  Information

 

 

 

Purpose

1       This report provides for decisions on key issues relating to the draft Revenue and Financing Policy. 

 

Executive Summary

1        On 13 December 2017, Council endorsed the draft Revenue and Financing Policy (see Attachment A) and an associated Statement of Proposal for public consultation.  The public consultation process for the draft Policy was run in parallel with the consultation on the Long Term Plan 2018-28 (the LTP), from 7 March to 9 April 2018, and 60 submissions were received on the draft Policy. People who wanted to present their submission to Council in person were heard at the Council meeting on 18 April 2018.

2       This report asks Council to consider the feedback received on the draft Policy, and to make decisions on any changes required as a result of the submissions received. An issues and options paper is attached (Attachment B) to assist with this process. Staff would like input from Council about what changes, if any, are required to the draft Policy and the Activity Funding Needs Analysis (See Attachment C) after considering community feedback. 

 

 

Recommendation

That the Council:

a)        Receives the report titled “Draft Revenue and Financing Policy 2018 - Deliberations” dated 26 April 2018.

 

b)        Determines that this matter or decision be recognised as 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)        Considers the community feedback received on the draft Revenue and Financing Policy, and considers the issues and options that are presented with this report.

 

e)        Resolves to include the following proposals in the draft Revenue and Financing Policy and supporting documentation as part of the 2018-2028 Long Term Plan process:

i)          Revise the current Separately Used or Inhabited Part (SUIP) definition to include all property types so that a SUIP is defined as:

A separately used or inhabited part of a rating unit includes any portion inhabited or used by the owner/a person other than the owner, and who has the right to use or inhabit that portion by virtue of a tenancy, lease, licence, or other agreement”.

 

ii)        Agree to assess the Stewart Island Waste Management Targeted Rate as a service rate

iii)       Accept proposed boundary changes for Athol Hall, Browns Hall, Waianiwa Hall, Edendale-Wyndham Hall, Tokanui-Quarry Hills Hall and Te Anau Community Board Rating boundaries as per Attachment D, remove Edendale Pool rate and further investigate funding approach for halls and pools for the 2021-2031 Long Term Plan.

 

iv)       Set and assess all Community Board/Community Development Area
Subcommittee rates as a Uniform Targeted Rate (UTR), with differentials as required by the individual Community Board/Community Development Area
Subcommittee.

 

v)        Fund 100% of all library services across the district from the Uniform Annual General Charge (UAGC).

 

vi)       Increase rates funding for Health Licensing activity to 10% of total costs.

 

vii)      Fund the loan repayments for the Around the Mountain Cycle Trail (AMCT) from the UAGC as proposed in the 2018-2028 LTP consultation document.

           

viii)    Endorse the proposed roading rate model (where the uniform targeted rate is fixed at $80.00 (GST exclusive) per rating unit, heavy use rate is $1.10 (GST exclusive) per tonne, minimum tonnage applied to each relevant sector is 230,000 tonnes and other use factors are 1.15 (dairy), 1.2 (forestry) and 1.15 (farming non-dairy)) as per section 5 of the attachment to this report.

 

ix)       Revise the categories and share of categories between General rate and UAGC as per the table below, including retain funding of work schemes 85% general rate and 15% UAGC:

 


Activities

General Rate

UAGC

Building Control

100%

 

Civil Defence & Emergency Management

100%

 

Community Housing

85%

15%

Council Facilities

85%

15%

Community Futures

25%

75%

District Support

85%

15%

Animal Control

 

100%

Environmental Health

 

100%

Grants & Donations

 

100%

Library Services

 

100%

Parks & Reserves

85%

15%

Public Toilets

 

100%

Representation & Advocacy

25%

75%

Resource Management

90%

10%

Strategy & Communications

90%

10%

Work Schemes

85%

15%

Roads & Footpaths (Around The Mountains Cycle Trail loan repayments only)

 

100%

 

x)                Makes no changes to the current approach for water supply rates for properties on restricted supply.

 

xi)              Makes no change to the current approach for rating stormwater/wastewater discharge.

 

xii)             Retain the status quo and not apply a differential to the general rate for Meridian Energy.

 

f)         Gives delegated authority to the Chief Executive to make any required minor amendments to the Revenue and Financing Policy and Activity Funding Needs Analysis.

 

 

Background

3       The Revenue and Financing Policy summarises Council’s intended funding sources and explains operating expenses and capital expenditure for each activity.  The draft policy covers all intended sources of funding including rates, lump sum contributions, fees and charges, financial contributions and grants and subsidies.

4       In preparation for the 2018-2028 LTP staff reviewed the funding impact statement for rates in full, and identified areas for improvement. These various matters were discussed at Council workshops held on 26 September and 19 October. A formal report and associated recommendations for inclusion in the proposed documents supporting the 2018-2028 LTP consultation document were approved at Council on 23 November 2017.

5       The draft Policy, and associated Statement of Proposal and the draft Activity Needs Funding Analysis were then presented to and endorsed by Council on 13 December. Council endorsed the Statement of Proposal as the basis for public consultation and agreed that a summary of the Proposal should be included in the LTP Consultation Document (as it was an appropriate way to ensure the proposal was released as widely as reasonably practicable in accordance with the provisions of section 83(1)(c) of the Local Government Act 2002 (the Act)).

6       The changes Council endorsed that resulted in changes to the draft Policy and/or method of rating are outlined below.

·        Revising the current Separately Used or Inhabited Part (SUIP) definition to include all property types.

·        To assess the Stewart Island Waste Management Rate as a service rate.

·        Accepting proposed boundary changes for Athol Hall, Browns Hall, Waianiwa Hall, Edendale-Wyndham Hall, Tokanui-Quarry Hills Hall and Te Anau Community Board Rating boundaries, and remove the Edendale Pool rate.

·        Setting and assessing all Community Board/Community Development Area Subcommittee rates as a Uniform Targeted Rate, with differentials as required. This will impact the way local rates are assessed for Riverton/Aparima, Otautau, Stewart Island/Rakiura, Tuatapere, Mossburn and Waikaia communities.

·        Funding 100% of all library services across the district from the Uniform Annual General Charge.

·        Increasing rates funding for the Health Licensing activity to 10% of total costs.

·        Including in the Uniform Annual General Charge, the repayment of the loan for the funding of the Around the Mountains Cycle Trail.

·        Endorsing a revised Roading Rate Model, where the uniform targeted rate is fixed at $80.00 (GST exclusive) per rating unit, heavy use rate is $1.10 (GST exclusive) per tonne, minimum tonnage applied to each relevant sector is 230,000 tonnes and other use factors are 1.15 (dairy), 1.2 (forestry) and 1.15 (farming non-dairy).

·        Confirming the activities to which the General rate and Uniform Annual General Charge area applied, as per the table below:


Activities

General Rate

UAGC

Building Control

100%

 

Civil Defence & Emergency Management

100%

 

Community Housing

85%

15%

Council Facilities

85%

15%

Community Futures

25%

75%

District Support

85%

15%

Animal Control

 

100%

Environmental Health

 

100%

Grants & Donations

 

100%

Library Services

 

100%

Parks & Reserves

85%

15%

Public Toilets

 

100%

Representation & Advocacy

25%

75%

Resource Management

90%

10%

Strategy & Communications

90%

10%

Work Schemes

85%

15%

Roads & Footpaths (Around The Mountains Cycle Trail loan repayments only)

 

100%

7       The draft Policy was written to align with the draft Development and Financial Contributions Policy.  It assumes that development contributions will remain in remission.

8       The consultation document on the LTP, which included information about the draft Policy, was made available for public consultation during the period 7 March 2018 to 9 April 2018. Sixty submissions were received that related to the draft Policy.

 

Issues

9       The key changes to the Revenue and Financing Policy were outlined in the consultation document and in the Statement of Proposal. Six questions in the feedback form related to the Policy, and people were asked to indicate whether they supported Council’s proposed approach.

10     The responses to the questions in the feedback form are summarised in the pie charts below. A mixture of views were received about the changes. Further detail on the feedback received on the draft Policy is outlined in Attachment B.

 

 

 

11     Submissions have been analysed and have been used to inform the identification of issues for the proposed changes to the draft Policy. The issues are discussed further in Attachment B.

 

Factors to Consider

Legal and Statutory Requirements

12      Council is required by legislation to adopt and include a Revenue and Financing Policy in its final adopted Long Term Plan. This is to provide predictability and certainty about sources and levels of funding of Council’s activities. The draft Policy must be adopted before the LTP.

13     The statutory provisions relating to the review of a Revenue and Financing Policy are detailed in Part 6 of the Act. Council’s draft Policy meets the requirements of Section 102(2)(a) of the Act. Sources of funding listed in the draft Policy are listed in Section 103(2) of the Act. Council’s analysis of section 101(3) is outlined in the draft Activity Funding Needs Analysis that was endorsed by Council on 13 December.

14      The Act requires local authorities to consider set factors and follow a particular process in developing a Revenue and Financing Policy, and this was outlined to Councillors at the Council meeting in November.

15      Due to the importance of the draft Policy, Council has undertaken a more thorough consultation process than it is legally required to undertake. Council has undertaken consultation in accordance with the Special Consultative Procedure outlined in the Act.

Community Views

16      The consultation document on the LTP, which included information about the draft Policy, was made available for public consultation during the period 7 March 2018 to 9 April 2018. The consultation document was advertised by newspaper and radio, and a summary of the document was distributed to all households in the District. In addition, just over 100 copies of the consultation document were distributed, by post or email, to other organisations and individuals who requested a copy.

17      Council received 60 submissions related to the draft Policy.

18      The consultation process undertaken has allowed Council to capture and consider community views on the content of the draft Policy. Council was presented with a copy of all the written submissions that were received, and heard all the people wanting to speak to their submission, on 18 April. A summary of the feedback that was received is also included in Attachment B. In considering the staff recommendations set out in Attachment B, Council should take into account the feedback received through the consultation processes.

Costs and Funding

19      As has been outlined to Council previously, the draft Policy would impact both the selection of funding mechanisms and the quantum to be funded from each tool, for each activity. The decision made on each issue outlined in Attachment B, will have a varying impact on how activities are funded and on the rates allocated to ratepayers.

20      Further information on the impacts of the selection of funding mechanisms and the quantum to be funded from each tool, is contained in Attachment B. The financial impact of each of the recommendations was also included in the Consultation Document and supporting information that were provided to Council when the draft Policy went out for consultation.

Policy Implications

21      Policy implications are discussed in the issues and options paper (Attachment B). Also, on 23 November, when Council endorsed proposals about how particular activities should be funded, the implications of those proposals (including the impact the decisions had on ratepayers in the community), were clearly outlined.

Analysis

Options Considered

22     The reasonably practicable options that have been considered for the proposed changes to the draft Policy are outlined in Attachment B to this report. This includes a discussion on the advantages and disadvantages, and staff have identified a recommended option.

23     Councillors may identify any other issues from the submissions that they wish to discuss or consider warrants a decision or action from Council. 

Assessment of Significance

24     The Revenue and Financing Policy is a fundamental policy of Council. It determines how Council will collect revenue and fund activities, services and assets. The policy affects all ratepayers and raises issues of equity and affordability.

25     In relation to Council’s Significance and Engagement Policy, the decisions Council is being asked to make in this report are likely to have an impact on all ratepayers in the district.  This decision has less impact on the other factors that Council must consider when assessing significance.

26     The significance of the decisions being made in relation to this report are lessoned somewhat as Council has already endorsed proposals on how it would like to collect revenue and fund its activities (on 23 November 2017), and at this stage Council is not adopting a new policy. Nevertheless, staff still see it as appropriate that Council consider this decision to be significant as they are deciding on how its activities should be funded in the future.

27     Council has undertaken a thorough review of its Revenue and Financing Policy. In relation to the proposed changes to the draft Policy, Council has identified all reasonably practicable options and assessed the options in terms of their advantages, disadvantages, and financial implications.

Recommended Option

28      The recommended options are outlined in Attachment B.

Next Steps

29     After identifying Council’s preferred options, staff will then make any required amendments to the draft Policy and the Activity Funding Needs Analysis. A copy of the final draft Policy will be circulated to the Finance and Audit Committee on 14 June 2018 prior to Council adopting the final Revenue and Financing Policy and Activity Funding Needs Analysis on 20 June 2018, prior to the adoption of the LTP.

 

Attachments

a             Draft Revenue and Financing Policy

b             Issues and Options Paper - Draft Revenue and Financing Policy

c             Draft Activity Funding Needs Analysis    

 


Council

02 May 2018

 

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02 May 2018

 

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02 May 2018

 

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Council

2 May 2018

 

Draft Development and Financial Contributions Policy - Deliberations

Record No:             R/18/4/9423

Author:                      Robyn Rout, Policy Analyst

Approved by:         Anne Robson, Chief Financial Officer

 

  Decision                                        Recommendation                                  Information

 

 

 

Purpose

1        This report is to provide for a decision on the draft Development and Financial Contributions Policy (the draft Policy).

Executive Summary

2        In 2017, Council endorsed the draft Policy and an associated Statement of Proposal for public consultation.  The public consultation process for the draft Policy was run in parallel with the consultation on the Long Term Plan 2018-28 (the LTP), from 7 March to 9 April 2018, and 48 submissions were received that related to the draft Policy. People who wanted to present their submission to Council in person were heard at the Council meeting on 18 April.

3        This report asks Council to consider the feedback received on the draft Policy, and to consider the issues and options that have been identified. The report also recommends that Council endorse the draft Policy including a minor change that has been proposed by staff.

 

Recommendation

That the Council:

a)        Receives the report titled “Draft Development and Financial Contributions Policy - Deliberations” dated 26 April 2018.

 

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)         Considers the community feedback received on the draft Development and Contributions Policy, and considers the issues and options that are presented in this report.

 

e)         Endorses the draft Development and Financial Contributions Policy with the minor change proposed by staff (including in Schedule 2 of the draft Policy, the event that will give rise to the requirement for a development contribution).

 

f)         Delegate authority to the chief executive to make any required minor amendments to the draft Development and Financial Contributions Policy.

 


 

Background

Previous and current approach

4        In the past, Council has had a number of different approaches to collecting development (DCs) and financial contributions (FCs). Prior to 2015, DCs were collected for water and sewerage in Te Anau and reserves across the District. 

5        From 2012-2015 FCs were collected for roading and esplanade reserves. Prior to 2012, FCs were collected for roading, esplanade reserves, water and sewerage for areas excluding Te Anau and development levies.

6        Council currently has a combined policy on development and financial contributions.  For the 2015-25 LTP, the DCs part of the Policy was put into remission, so no DCs are currently being collected.

7        DCs and FCs have not been a significant revenue stream for Council. Approximately, $389,000 of FCs and DCs have been collected between 2012 and 2017. While contributions do have the potential to be a useful funding source for some specific projects, the ability to realise that revenue is dependent on the economic cycle and trends in development and also what demand-related capital expenditure is carried out. 

Recent decisions regarding the draft Policy

8        In the LTP Workshop in September, Councillors discussed that DCs may discourage new development and consequently impede or act as a barrier to new economic development. This was viewed as contrary to Council’s aspirations for encouraging growth. Councillors recognised that when new developments occur, these often contribute significantly to ongoing community wellbeing and also contribute financially on an ongoing basis through rates.  On this basis, Councillors were keen to continue with the current approach of having the DC part of the Policy in remission.

9        At the September workshop, Councillors also recognised that there is a risk that if the DC part of the Policy is in remission, Council will not be able to assess DCs if there is a new substantial development or further development of properties in the Kepler Block in Te Anau.

10     Staff also asked Councillors how they would like to proceed with FCs, in light of the impending legislative change that would remove Council’s ability to collect FCs through the RMA in 2022. Councillors outlined that Council should continue collecting DC as it is currently, and that a review should be undertaken on how to deal with the RMA changes, in preparation for the 2021-31 LTP.

11     The draft Policy and an associated Statement of Proposal were presented to and endorsed by Council in 2017. Council endorsed the Statement of Proposal as the basis for public consultation and agreed that a summary of the Proposal should be included in the LTP Consultation Document (as it was an appropriate way to ensure the proposal was released as widely as reasonable practicable in accordance with the provisions of section 83(1)(c) of the Local Government Act 2002 (the Act)).

12     The changes that were included in the draft Policy are outlined below:

·    amending population projection data

·    clarify that the DC part of the Policy is being placed in remission on the basis that Council would like to encourage growth

·    amending financial data

·    making a minor change to ensure that the description of the contributions Council uses to collect contributions, is completely accurate.

·    Amending growth assumptions

·    Updating the schedule of projects being undertaken in the LTP that have a demand related component

·    Amending dates

·    Amending catchments.

 

13      The consultation document on the LTP, which included information about the draft Policy, was made available for public consultation during the period 7 March 2018 to 9 April 2018.  Forty eight submissions were received that related to the draft Policy.

 

Issues

Feedback received

14      In the feedback form that was made as part of the LTP consultation process, people were asked whether they supported Council making no change to its current policy approach (keeping the DCs part of the policy in remission).

15      Responses are summarised in the pie chart below. The majority of respondents (49%) supported Council’s current policy approach.

 

       

 

16      Very little feedback aside from responses to the multi-choice question, were received on the draft Policy through the submission process.

17      Federated Farmers stated that the strategic use of DCs and FCs, as well as the District Planning provisions, are the most effective way to promote development as an alternative to the spending of ratepayer funds on district promotion. Federated Farmers also felt that while other councils are increasing DCs the Southland region remains a more attractive prospect for investment while contributions are not required, and that as an interim approach, not applying DCs is reasonable.

Minor proposed changes

Staff are proposing a minor change to the draft Policy, which will ensure the draft Policy better aligns with legal requirements outlined in sections 202 of the Act.

Section 202 requires that the schedule of DCs must specify the event that will give rise to the requirement to pay a DC. In the draft Policy that went out for consultation, when a DC is required to be paid is included in the body of the Policy, but not in the Schedule. At the 2 May Council meeting, staff will table this proposed amendment to the Schedule, so that it outlines when the requirement arises. In the draft Policy that is attached to this report, this amendment has not yet been included.

Factors to Consider

Legal and Statutory Requirements

18      Section 102 of the Act requires that Council have a policy on DCs or FCs.

19      Section 106 of the Act sets out the requirements of the policy. Sections 197-211 and Schedule 13 cover the application and calculation methodology related to contributions.

20      When developing a financial and development contributions policy, Council must consider a number of principles that are outlined in the Act.  Section 197AB(a) outlines that DCs should only be required if developments will create or have created the need for Council to provided new or additional assets or assets of increased capacity.

21      Council must also consider the principle in Section 197AB(c) of the Act, which outlines that cost allocations used to establish DCs should be determined according to, and be proportional to, the persons who will benefit from the assets to be provided (including the community as a whole) as well as those who create the need for those asset.

22      Council may review its position on contributions at any time, but is required do so no more than three years from the date on which it adopts a LTP. The Policy therefore must be reviewed by 24 June 2018.

23      There is no legislative requirement for this Policy to be included in the LTP. The draft Policy was required to be released for public consultation in compliance with Section 82 of the Act, however Council decided to undertake consultation in parallel to the consultation process for LTP, so a more thorough process (the Special Consultative Procedure) was used.

24      It should also be noted that any DCs and FCs collected, which are not used for the specified purposes for which they were collected, must be returned within 10 years. For FCs, this only includes FC collected under the provisions of the current District Plan. Under the previous District Plan, not all FCs included a time limit for return. 

Community Views

25      The consultation document on the LTP, which outlined included information about the draft Policy, was made available for public consultation during the period 7 March 2018 to 9 April 2018.  The consultation document was advertised by newspaper and radio, and a summary of the document was distributed to all households in the District.  In addition, just over 100 copies of the consultation document were distributed, by post or email, to other organisations and individuals who requested a copy.  There were some issues with the distribution of the summary document to households, and as a result, submissions that came in after the deadline were accepted.

26      Council received 48 submissions related to the draft Policy.

27      The consultation process undertaken has allowed Council to capture and consider community views on the content of the draft Policy. Council was presented with a copy of all the written submissions that were received, and heard all the people wanting to speak to their submission, on 18 April. A summary of the feedback that was received was outlined above. When considering the officers’ recommendations, Council should take into account the feedback received through the consultation processes. 

 

Costs and Funding

28     As the draft Policy has the same approach to both DC and FC as the current Policy, the funding obtained through FCs is likely to be reasonably similar to what is currently collected. The revenue collected will be dependent on the economic cycle and trends in development.

Policy Implications

29      The draft Policy would continue to have DCs in remission.  This means that if the draft policy is adopted, DCs will not be assessed when development takes place.

30      Continuing to have the DC part of the Policy in remission would mean that the costs associated with demand are borne by ratepayers (and by those who have paid previous DCs).  However, Council has taken an approach that encourages development in the Southland District, recognising that this will benefit the community as a whole.

31      If operative, in its current state, the Financial and Development Contributions Policy would allow DCs to be taken for water supply, sewerage and community facilities.  The FCs in the Policy, which are collected through resource consents under the Southland District Plan, currently apply to development in the Southland District, and are taken for roading and reserves.

Analysis

Options Considered

32      Two reasonably practicable options have been identified regarding this draft Policy. Council could:

·    Option 1:  Endorse the draft Policy; or

·    Option 2: Amend the draft Policy (taking into account community feedback or other issues).

 

 

 

Analysis of Options

Option 1 – Endorse the draft Policy

Advantages

Disadvantages

·        The draft Policy complies with the Act and was prepared by an external consultant (prior to being adopted in 2015), who is a subject matter expert.

·        May encourage growth and development in the Southland District, which would have wide public benefit.

·        Consistent with the Southland Regional Development Strategy, which aims to promote ease of doing business in Southland and have 10,000 more people living in Southland by 2025.

·        By having the DC part of the Policy in remission, it may frustrate some developers who have already paid DCs.

·        Council may miss assessing DCs on a large scale development or further development.

·        Rate payers may not like bearing the cost of demand related expenditure.

 

Option 2 – Amend the draft Policy (taking into account community feedback or other issues)

Advantages

Disadvantages

·        Would give further clarity on Councillors’ views regarding the Policy.

·        May put pressure on the requirement to review the Policy by the 24th of June 2018.

·        No other know disadvantages.

 

Assessment of Significance

33      The decisions Council is being asked to make in this report have been assessed as not significant in relation to the Council’s Significance and Engagement Policy.

34      It has been recognised, however, that the Policy has broad effects because of its potential impacts on development activity, as well as economic and population growth.  It also raises issues of equity and affordability in funding assets and infrastructure.

Recommended Option

35      It is recommended that Council endorse the draft Policy (Option 1).

Next Steps

36      After identifying Council’s preferred option in relation to this report, staff will then make any required amendments to the draft Policy. A copy of the final draft Policy will circulated to the Finance and Audit Committee 14 June 2018 prior to Council adopting the final Policy at its meeting on 20 June 2018.

 

 

Attachments

a             Draft Development and Financial Contributions Policy    

 


Council

02 May 2018

 

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02 May 2018

 

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Council

2 May 2018

 

Draft Roading Bylaw 2008 (Revision 2, 2018)

Record No:             R/18/2/2671

Author:                      Robyn Rout, Policy Analyst

Approved by:         Matt Russell, Group Manager Services and Assets

 

  Decision                                        Recommendation                                  Information

 

 

 

Purpose

1        The purpose of this report is to seek Council’s endorsement of a draft Roading Bylaw and an associated Statement of Proposal, for release for public consultation.

Executive Summary

2        Staff are presenting the Roading Bylaw 2008 (Revision 2, 2018) (the draft Bylaw) to Council. If adopted, the draft Bylaw would revise the Roading Bylaw 2008 (2015 Revision) (the current Bylaw). The draft Bylaw is included with this report as part of Attachment A. Only a minor amendment is being presented. In Appendix 1 of the draft Bylaw, staff have updated the location of car parking restrictions near the wharf in Oban. If the draft Bylaw is adopted, it will now accurately reflect where the parking restrictions currently are, not where they used to be. If the draft Bylaw is adopted, the new car parking restrictions will also become enforceable.

3        This report recommends that Council endorse the draft Bylaw and Statement of Proposal for public consultation. Staff are recommending that the consultation process on the draft Bylaw will be run in accordance with the Special Consultative Procedure (SCP) outlined in section 83 and 86 of the Local Government Act 2002 (the Act).

 

Recommendation

That the Council:

a)            Receives the report titled “Draft Roading Bylaw 2008 (Revision 2, 2018)” dated 26 April 2018.

 

b)           Determines that this 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)           Endorses the draft Roading Bylaw 2008 (Revision 2, 2018).

 

e)            Endorses the Statement of Proposal attached to this report.

 

f)             Releases the draft Roading Bylaw 2008 (Revision 2, 2018) and the associated Statement of Proposal for public consultation, in accordance with the Special Consultative Procedure outlined in sections 83 and 86 of the Local Government Act 2002, from 8am on 10 May 2018 to 5pm on 15 June 2018.

 

g)           Considers that publicising the Statement of Proposal by:

·    Placing a newspaper advertisement in the Advocate and in the Stewart Island News;

·    Giving written notice to residents/ratepayers in Oban;

·    Giving written notice to the Commissioner of Police, Te Ao Marama and the New Zealand Transport Agency;

·    Having the Proposal accessible on Council’s website; and

·    Having copies of the Proposal available from all Council’s offices;

 

constitutes making the Statement of Proposal as widely available as is reasonably practicable in accordance with section 83 of the Local Government Act 2002.

 

 


 

Background

4        In 2015, after undertaking the appropriate consultation process and in accordance with the decision making provisions in the Act, Council confirmed and continued the Southland District Council Roading Bylaw 2008, and an associated 2008 Roading Policy. The confirmed and continued bylaw is the current Bylaw, and it is called the Roading Bylaw 2008 (Revision 1 2015).

5        The current Bylaw outlines that there is a car parking area in Oban, on the north side of the road, directly opposite the wharf on Elgin Terrance. Staff have included as Attachment B to this report, part of Appendix 1 of the current Bylaw, which outlines the current car parking restrictions in Oban. Attachment C also shows pictures of the car parking area that is depicted in the current Bylaw. The car parking restrictions opposite the wharf include areas marked as ‘no stopping at all times’ and areas marked as ‘P30 Loading Zone, 7am to 7pm, all days’.

6        In February 2014, members of the Stewart Island/Rakiura Community Board (the Community Board) voted in favour of moving the parking areas on Elgin Terrace from opposite the main wharf on the north side of Elgin Terrance, to the south side adjacent to the wharf. This followed consideration of local feedback from Police and other stakeholders about practices in this area.

7        There are two reasons why Community Board members decided to move the car parking area. These were:

·    For safety reasons - at times, the area by the wharf is very busy, so the Community Board believed it would be safer for the people walking between the wharf and the nearby vehicles, if they did not have to cross the road.

·    To make the location of parking area more practical for pedestrians – people embarking and disembarking vehicles would be closer to the wharf area (which would make carrying luggage etc easier) if the car parking area was on the south side of Elgin Terrace. It would be easier for people to get into the town centre with the car parking area being immediately adjacent to the footpath.

8        By June 2016, the new parking restrictions were in place on the south side of Elgin Terrace, adjacent to the wharf. The restrictions were fully marked up and parking signs were erected. The new restrictions are a ‘no stopping at all times’ area at the west end of Elgin Terrace, and there are also two other areas where there is ‘no stopping at all times’, to allow access to the wharf building. In all other areas adjacent to the wharf, parking is ‘P30 Loading Zone, 7am to 7pm, all days’. The specifics of the new restrictions are outlined in Appendix 1 of the draft Bylaw, and in the pictures and a map included in Attachment C.

Issues

9        Latterly, staff and Community Board members have become aware that the new parking restrictions that have been made on the south side of Elgin Terrace are not consistent with the current Bylaw, and consequently that the parking restrictions displayed cannot be enforced. For these reasons, staff, Community Board members and members of the Police are keen for the current Bylaw to be updated.

10      The draft Bylaw would update the current Bylaw by establishing legal parking restrictions at the new site on the south side of Elgin Terrace, and by changing the previous parking restrictions to the north, to a ‘no stopping’ area.

11      Although the change has already physically taken place, putting the draft Bylaw out for consultation will allow Council to consider community views on moving the car park.

12      After receiving feedback from the community and other interested parties, Council could decide to change the location/size/time restrictions in place at the new car park (that is currently operating), if it so desired. The cost of and funding for any change would have to be sourced.

13      Other than the change to the parking restrictions on Elgin Terrace, no other substantive changes have been included in the draft Bylaw. Although the Bylaw will still be called the Roading Bylaw 2008, it is proposed that a subtitle is added to the title, ‘Revision 2, 2018’, to make it is easy to identify the current/revised version of the Bylaw when it is adopted.

Factors to Consider

Legal and Statutory Requirements

14      Council is permitted to make a roading bylaw under section 22AB of the Land Transport Act 1998 (LTA). Section 22AB of the LTA allows Council to make any bylaw that it thinks fit, for one or more of the purposes outlined in that section. One of the purposes outlined in that section is restricting the stopping or parking of vehicles on any road, subject to the erection of the prescribed signs.

15      Council is required to consult on a draft roading bylaw in accordance with section 22AD of the LTA. This section requires Council to give notice in writing about the proposal to particular people and to allow those people a reasonable amount of time to make submissions.

16      In accordance with section 22AD of the LTA, staff will be placing an advert about the proposal in the Advocate and in the Stewart Island News. These adverts will refer people to Council’s website, where they will be able to view the whole Statement of Proposal and make a submission. Staff will also send letters out to the residents/ratepayers in Oban, informing them about the proposal. Staff will also give written notice to, and seek feedback, from the Commissioner of Police, Te Ao Marama and the New Zealand Transport Agency.

17      Section 22AD of the LTA also requires that Council complies with the consultation requirements to amend a bylaw outlined in the Act. Staff are proposing to use the SCP to consult on the draft Bylaw, which is a slightly more onerous consultation process than what is legally required under the Act. As Council is legally required under section 22AD of the LTA to undertake quite a thorough consultation process, and very little extra would need to be done to meet the requirements of the SCP, staff are proposing that the SCP be used. The requirements to consult in accordance with the SCP include that Council prepares and adopts a formal Statement of Proposal, has a consultation period of not less than one month, and that Council allows people to present their views in a manner that enables spoken interaction, such as by having a hearing.

18      To comply with the SCP, Council must also make its Statement of Proposal as widely available as is reasonably practical as a basis for consultation. Staff have included as a recommendation in this report that:

“Council considers that publicising the Statement of Proposal as is outlined in this report, constitutes making the Statement of Proposal as widely available as is reasonably practicable in accordance with section 83 of the Local Government Act 2002”.

 

19      Staff can take additional steps to make the Proposal more widely available, if Council believes it is required/appropriate.

20      When a revised roading bylaw is made, Council must, within 1 week after it being made, send a copy of the bylaw to the Minister of the Crown.

Community Views

21      As part of its decision making process, Council must give consideration to the views and preferences of those people affected, or likely to have an interest in, the matter.

22      The consultation process will allow Council to ascertain community views. When the consultation period is finished, staff will collate the feedback and report back to Council. Anyone who would like to, will then have the opportunity to present to Council at a hearing.

Costs and Funding

23      Amending the Bylaw will result in a relatively small cost to Council, including costs associated with staff time and advertising. 

24      If through the consultation process, Council decides it wants to alter/move the car parking area that is currently operating, the cost of and funding for the change would have to be sourced.

Policy Implications

25      The draft Bylaw would update the current Bylaw by establishing legal car parking restrictions at the new site on the south side of Elgin Terrace, and by making the previous parking restrictions to the north, a ‘no stopping at all times’ area.

26      The Southland District Council Roading Policy 2008 (Revision 1, 2015) and the Roading Policy Procedures Policy 2008 (Revision 1, 2015), will not be impacted by the proposed changes to the current Bylaw.

27      If adopted in its current form, the draft Bylaw would have little impact on the Oban community and visitors to Stewart Island/Rakiura, because the new parking restrictions are already in place. Adopting the draft Bylaw would impact people who don’t abide by the parking restrictions, as fines would be issued.

Analysis

Options Considered

28      Two reasonably practicable options have been considered in relation to the Elgin Terrace parking restrictions, near the main wharf in Oban. These are:

·    Endorse the draft Bylaw and associated Statement of Proposal for consultation, with any desired amendments; or

·    Continue with the current Bylaw and make the desired amendments to the Bylaw at a later date, when a larger-scale review is undertaken.

Analysis of Options

Option 1 – Endorse the draft Bylaw and associated Statement of Proposal for consultation, with any desired amendments

Advantages

Disadvantages

·        It will ensure the Roading Bylaw accurately reflects parking facilities in Oban as soon as possible.

·        Parking restrictions (that are currently operating) will be enforceable.

·        It will enable members of the public to have their say on the most appropriate area for the parking restrictions.

·        The new car parking areas are safer for members of the public, as people do not have to cross the road when they walk between the wharf and nearby vehicles.

·        The new car parking areas are more convenient for people making their way around the town as they can park and be immediately adjacent to the footpath.

·        Consulting on this one issue, rather than a raft of issues, will allow Council to thoroughly consider this issue.

·        Council staff are aware of other changes that need to be made to the current Bylaw, so if this proposal is put out for consultation, the Bylaw will be consulted on twice in reasonably quick succession.

·        As the parking area has already been moved, albeit following an earlier engagement process, it may appear Council is not having an open mind on this issue.

 

 

Option 2 – Continue with the current Bylaw and make the desired amendments to the Bylaw at a later date, when a larger-scale review is undertaken.

Advantages

Disadvantages

·        The changes proposed could be made in conjunction with other changes proposed to be made to the Roading Bylaw.

·        It will ensure the Roading Bylaw accurately reflects parking facilities on Stewart Island, but at a later date.

·        Parking restrictions (in the car park that is currently operating) will be enforceable, but at a later date.

 

·        The parking area in Stewart Island/Rakiura will remain out of date in the current Bylaw.

·        There will be no ability to enforce parking restrictions in the area until the current Bylaw is updated.

·        As the parking area has already been moved, it may appear Council is not having an open mind on this issue, in regard to considering community views.

 

 

Assessment of Significance

29      The decision to put the draft Bylaw out for consultation has a lower level of significance in relation to Council’s Significance and Engagement Policy and the Act.

Recommended Option

30      Staff recommend that Council proceed with Option 1, and endorse the draft Bylaw and associated Statement of Proposal for consultation, with any desired amendments.

Next Steps

31      If Council proceeds with Option 1, staff will undertake a consultation process on the Statement of Proposal in accordance with the SCP from 8am on 10 May 2018 to 5pm on 15 June 2018. At the Council meeting on the 11th of July, staff are proposing to present to Council any feedback received, and to hold a hearing if anyone wishes to be heard.  At this stage the intention is that Council will then deliberate on any submission on 8 August, and proceed to adopt the Bylaw in September.

 

Attachments

a             Statement of Proposal, including draft Roading Bylaw 2008 (Revision 2, 2018)

b             Appendix 1 of the Roading Bylaw 2008 (Revision 1, 2015) - the part of the Appendix that relates to parking restrictions in Oban

c             Location of the car park - pictures and map    

 


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02 May 2018

 

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02 May 2018

 

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2 May 2018

 

May 2018 Tourism Infrastructure Fund application

Record No:             R/18/4/9445

Author:                      Kevin McNaught, Strategic Manager Property

Approved by:         Matt Russell, Group Manager Services and Assets

 

  Decision                                        Recommendation                                  Information

 

 

 

Purpose

1        To provide Council with an update on the Tourism Infrastructure Fund (TIF) application and seek confirmation of the local funding contribution required.

Executive Summary

2        The Community and Policy committee on the 8th February 2018 previously agreed that the priority sites for this application round were an application for the Te Anau Wastewater project and a second application for the Southern Scenic Route sites of Waikawa Domain, Monkey Island, Clifden Bridge, and Te Anau. The level of visitor demand and subsequent infrastructure needs at each site have been assessed and costed by obtaining indicative quotes. Council needs to now consider the costs and confirm the local contribution funding on the basis that the TIF funding application is successful. However, if the TIF application is unsuccessful either in part or in full, it will be necessary to revisit the scope, timing and funding mechanisms for each of the priority sites with subsequent further reporting and recommendations through to Council

 

Recommendation

That the Council:

a)            Receives the report titled “May 2018 Tourism Infrastructure Fund application” dated 27 April 2018.

 

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)           Acknowledges that it has committed $14.7 million in the draft Long Term Plan for the Te Anau Wastewater project to be loan funded.

 

e)            Resolves to contribute $110,000 (50% funding) by way of a loan for the construction of a two unit toilet in Te Anau subject to the remaining $110,000 (50% funding) be included in an application to the Tourism Infrastructure Fund and that application being successful.

 

f)             Resolves to contribute  $116,066 (50%funding) by way of a loan for the provision of new toilets and grounds upgrade at the Clifden bridge site subject to the remaining $116,066 (50% funding) being included in an application to the Tourism Infrastructure Fund and that application being successful.

 

g)           Resolves to contribute $139,764 (50% funding) by way of a loan for the provision of new toilets and grounds upgrade at Monkey Island subject to the remaining $139,764 (50% funding) being included in an application to the Tourism Infrastructure Fund and that application being successful.

 

h)           Resolves to contribute $61,851 (50% funding) to the public toilet infrastructure upgrade at Waikawa subject to the remaining $61,851 (50% funding) being included in an application to the Tourism Infrastructure Fund and that application being successful.

 

i)             Resolves to authorise the additional $240,364 of unbudgeted expenditure for these projects if the application to the Tourism Infrastructure Fund is successful

 

 

Background

3        The Tourism Infrastructure Fund provides up to $25 million per year for four years for the development of tourism-related infrastructure such as carparks, freedom camping facilities, sewerage and water works and transport projects. After a period of exceptional growth in the tourism sector, infrastructure is a priority for the industry and central and local government.

4        The purpose of the Tourism Infrastructure Fund is to provide financial support for local tourism-related infrastructure where tourism growth (domestic and international) is placing pressure on, or potential growth is constrained by, existing infrastructure and the local community is unable to respond in a timely way without assistance.

5        The Tourism Infrastructure Fund is intended to protect and enhance New Zealand’s reputation both domestically and internationally by supporting robust infrastructure which in turn contributes to quality experiences for visitors and maintains the social licence for the sector to operate.

6        The first application is for the Southern Scenic Route bundle of projects which involves linking a new toilet at the top end of town in Te Anau with an upgrade to the toilets and surrounds at both Clifden Bridge and Monkey Island, and an upgrade to the toilet infrastructure at Waikawa as well as associated parking and amenity improvements for a better visitor ‘open space’ experience at these sites. This recognises that these sites are connected as part of a key visitor route in Southland, and the need to better manage increasing visitor demand at them.

7        The LTP and current cost estimates for these projects are:

·    LTP Te Anau (for a single unit) $100,000 – cost estimate (for a double unit) $220,000

·    LTP Clifden Bridge $200,000 – cost estimate $232,133

·    LTP Monkey Island $255,000 – cost estimate $279,528

·    LTP Waikawa $60,000 – cost estimate $123,703

·    LTP (Total) $615,000 – cost estimate (total) $855,364

 

8    As above, the current Council budget in the draft LTP totals $615,000. It is important to note that $227,500 of this total is proposed as funded from TIF application with the remaining shortfall of $387,500 to be funded by Council. As such, the most recent total cost estimate of $855,364 changes the cost split allocation between TIF funding and Council funding with an introduced unbudgeted expenditure shortfall of $240,364.  It is noted that 50% of the total estimated costs are now hoped to be funded through the TIF application. Ultimately this would result in a Council share of $427,682 (additional $40,182 of Council funded contribution). However, if the TIF application is unsuccessful either in part or in full, it will be necessary to revisit the scope, timing and funding mechanisms for each of the priority sites with subsequent further reporting and recommendations through to Council.

 

9        The second application is for the Te Anau Wastewater project. Its size is clearly influenced by visitor demand as it is designed to manage flows that are approximately seven times larger than those generated by the resident population. The current estimated cost of $14.7 million is included in the 2018/28 Long Term Plan (LTP) but options in the business case currently range from $14.7 – $22.7 million.

Issues

Funding confirmation process

10      The timing of the application round is awkward in that funding for these projects has been included in the Long Term Plan (LTP) and hearings have been held but deliberations are yet to take place. On the other hand the application requires the Council to confirm its commitment to its funding contribution therefore this report seeks that Council determine whether it supports the cost of the co-funding identified for the applications.

What if the TIF applications are unsuccessful?

11      If the applications are unsuccessful Council will need to consider what level of service for its open space infrastructure it is able to fund. The proposals for each site are based on what is considered necessary to provide an appropriate visitor experience, however, that design and the funding decisions may need to be revisited depending on the TIF outcome.

Te Anau Wastewater

12      The business case and associated concept decision for the wastewater project continues to be developed with respect to the sub-surface drip irrigation option. Currently there is $14.7 million identified in the LTP but as a final decision is yet to be made by Council on the disposal option this could potentially change. For the purposes of this paper however, it is sufficient to acknowledge that Council has indicated a commitment to this level of funding albeit by way of a loan which will need to be repaid over a 25 year period.

Ongoing costs

13      It is important to be aware that the TIF provides a one off contribution to capital costs and the ongoing maintenance costs lie with council. In this instance council has already acknowledged this by including the capital projects in the draft LTP and the consequential maintenance costs will be covered by the relevant operational budgets

Factors to Consider

Legal and Statutory Requirements

14      As identified above as an issue the LTP process is yet to be completed and there is the potential that the funding that has been identified for these projects could be amended

Community Views

15      The projects are identified in the LTP and that has recently been open for submissions from the public. There were no submissions received that opposed the funding for these projects and a number sought improvements to Southland’s visitor infrastructure to deal with the issues such as toilet waste at the areas where visitor numbers are high. In relation to the specific LTP consultation question on ‘investing in open spaces’ 64% of respondents believed Council should increase its level operating expenditure in this area.

16      The Tuatapere community board, Te Anau community board, Orepuki community development area sub-committee, and local people in Waikawa have commented for some time now about the need to improve visitor infrastructure to the increasing demand for services and feedback that has been provided from those communities as part of gathering information for the application has been positive.

17      That said, the adjoining landowners at the Clifden Bridge acknowledge that there needs to be improvements at that site but are very concerned about freedom camping.

18      Furthermore, at the time of writing this report the site for the public toilets in Te Anau has only just been determined and discussion with the adjoining properties has yet to be undertaken. The site itself is however, owned by the Council.

Costs and Funding

19      The Southern Scenic Route projects are all in the LTP for 2018/2019 as follows:

·    Waikawa - $60k funded by a loan

·    Monkey Island - $255,000 funded $127,500 by a loan and $127,500 by a Government Grant (TIF)

·    Clifden Bridge - $200,000 funded $100,000 by a loan and $100,000 from a Government Grant (TIF)

·    Te Anau public toilet - $100,000 funded by a loan – for a single unit

It is noted that the original draft LTP values identified above are not in line with the most recent cost estimates as set out below. TIF application totals have also been revised. Based on revised totals, additional unbudgeted expenditure of $240,364 requires approval from Council.

20      The LTP and current cost estimates for these projects are:

·    LTP Te Anau (for a single unit) $100,000 – cost estimate (for a double unit) $220,000

·    LTP Clifden Bridge $200,000 – cost estimate $232,133

·    LTP Monkey Island $255,000 – cost estimate $279,528

·    LTP Waikawa $60,000 – cost estimate $123,703

 

LTP (Total) $615,000 – cost estimate (total) $855,364

21      The Te Anau Wastewater project is included in the LTP to be constructed over the period from 2018/19 to 2019/20 at a cost of $14.7 million.

Policy Implications

22      Decisions should be consistent with existing policy and the most relevant to this decision is the Open Spaces Strategy 2014 (the Strategy).

 

The ‘Vision’ in the Strategy is:

 

A treasured network of open spaces that celebrates and enhances our natural environment and is appreciated and enjoyed by current and future generations.

 

The Objectives are:

·    Our natural environment and landscape is treasured and cared for by all; now and into the future

·    Our open spaces encourage and enable a wide range of people to play and enjoy a range of sports

·    Our open spaces are enjoyed and used for a wide range of active and passive recreational activities

·    Our open spaces are places where our communities meet, connect and celebrate

·    Our open spaces reflect and celebrate our history, our people and our local character

·    Our open spaces are safe, inspiring, well designed and welcoming to all

·    Our network of open spaces meet the needs of current and future generations.

Analysis

Options Considered

23      As these capital projects are already in the draft LTP the options that Council should consider for the purposes of this report are whether or not to fund the local contribution to the value signalled in the LTP or to the level that has been identified in the completed designs for each site. The Te Anau wastewater project is not specifically included in the options analysis below because it is subject to a separate decision making process.

Option 1 – Council commits to the local funding contribution needed for the Southern Scenic Route site designs proposed

Advantages

Disadvantages

·        It enables a higher level of service at each of the sites that better manages the demand from increasing visitor numbers

·        The outcome will better reflect the outcomes identified in the Council’s Open Space Strategy 2014.

·        There is an additional cost to what has previously been signalled in the LTP

 

Option 2 – Confirm Council’s local funding commitment is only for the amount in the LTP for the Southern Scenic Route sites

Advantages

Disadvantages

·        There is no additional cost to what has previously been signalled in the LTP

 

·        The level of service at each of the sites may not be sufficient to properly manage the demand from increasing visitor numbers

·        The outcome may not meet the outcomes identified in the Council’s Open Space Strategy 2014.

 

Assessment of Significance

24      This proposal is not considered to be significant as the projects it refers to have already been included in the LTP.

Recommended Option

25      Option 1 - that the Council commits to the level of local funding needed to construct the infrastructure as proposed in the site designs for the Southern Scenic Route projects. It is also recommended that Council acknowledge the $14.7 million in the draft LTP for the Te Anau wastewater scheme and that it is currently a loan to be funded by the community when it is in fact being used to manage significant visitor demand.

Next Steps

26      The applications will be completed and submitted before the TIF application round closes on the 14th May 2018.

27      It is expected that it will be 4-6 weeks before we hear whether any of the applications have been successful.

 

Attachments

a             Briefs for TIF projects May 2018 Southern Scenic Route    

 


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02 May 2018

 

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2 May 2018

 

Health and Safety

Record No:             R/18/4/8346

Author:                      Janet Ellis, People and Capability Manager

Approved by:         Steve Ruru, Chief Executive

 

  Decision                                        Recommendation                                  Information

 

 

 

Purpose

1        To provide an update on Health and Safety activity within the Southland District Council to enable Council to endorse the work that is being undertaken and the continuation of the focus on Health and Safety training and critical risk for the 2018/19 year.

Executive Summary

2        In February 2017, Council contracted Simpson Grierson to undertake a Health and Safety Gap Analysis.  The analysis identified a number of improvement opportunities.

3        As part of the improvement recommendations a Health and Safety Plan for 2017/18 and a Health and Safety Policy were finalised and approved by Council.

4        As part of the implementation of the plan a Health and Safety framework including procedures was approved and implemented.  The Health and Safety Framework, contains standard procedures that enables a risk based approach to managing Health and Safety.

5        The Health and Safety Plan also requires staff to be trained in the procedures, Council has developed a series of e-learning modules to do this.  The intention with this training is to guide staff through the process of understanding their responsibilities under the procedures but also to support the Council from moving to a more proactive Health and Safety culture.  It is proposed that training continues as a focus for the 2018/19 Health and Safety Plan.

6        Critical risks and the development of bowties and control plans continues as a focus of the work being progressed.  Once these controls are finalised and an action plan is developed there may well be additional costs which will need to be resourced in accordance with the Long Term Plan.  It is proposed that this will form part of the focus for the 2018/19 Health and Safety Plan.

 

 

Recommendation

That the Council:

a)            Receives the report titled “Health and Safety” dated 27 April 2018.

 

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)           Endorses the work that is being undertaken in Health and Safety within Council.

 

e)            Supports the implementation of a Health and Safety plan for 2018/19 that includes a continued focus on training and critical risks.

 

 

Background

7        In February 2017, Council contracted Simpson Grierson to undertake a Health and Safety Gap Analysis.  The analysis included a review of Southland District Council’s Health and Safety Management System, discussions with key operational leaders, visits to operational locations and discussions with workers and key contractors.  The result of the Gap Analysis was a written report detailing findings and recommendations for improvement.  The report was presented to the March 2017 Finance and Audit Committee meeting.

8        The Gap Analysis determined that Council had a “developing maturity” in Health and Safety, some processes had been developed and good work had been undertaken in the identification and management of key risks.  However, there were a number of recommendations made that indicated that our Health and Safety systems were more reactive and that we had significant opportunity to further develop our overall Health and Safety systems.

9        The recommendations made included:

·      That the Executive Leadership Team needed to develop a statement of intent for Health and Safety that expressed their ambition and direction in this area.

·      The Executive Leadership Team needed to look for opportunities to express their support and leadership of Health and Safety, including site visits and more interaction with key contractors.

·      The Executive Leadership Team should consider Health and Safety Leader training to support them and their direct reports in their roles.  The training should cover key aspects of Health and Safety culture development, safety observations and conversations and behavioural safety elements.

·      Development of a Health and Safety Plan that details specific improvement initiatives for the following year. It was also recommended that the plan be approved by the Executive Leadership Team and ratified by both Council and the Finance and Audit Committee.

·      Establishment of a Health and Safety Governance Framework.

·      Review current procedural gaps and draft new procedures to ensure a full management system over time.

·      Ensure employees are involved in the change process and development of new procedures.

·      Create clarity on critical risks and what these are.  In addition create control plans that indicate how we control risk and who is responsible, using a ‘bow tie’ methodology.

·      Review hazard and risk procedures to create one process for management of risks and the risk registers.

·      Develop a reporting process that conveys how Council will report its Health and Safety performance, set targets and who details, who receives this information and when they receive the information.

·      Ensure measures include lead and lag indicators and provide a view of actual performance, so that Council can measure its progress.

10      Following the March Finance and Audit committee meeting, a plan, including objectives and targets was developed and was signed off by Council in July 2017.

11      Attachment A to this report details progress made to the plan as of 31 March 2018. 

Training

12      Council’s responsibility is to ensure that all our staff and workers are informed of and understand their responsibilities with Health and Safety.

13      The Health and Safety framework sets a clear expectation and targets via procedures for ongoing conversations about Health and Safety and reporting incidents in a timely and accurate manner.

14      Eight of the procedures form the foundation of the framework and have been converted into a series of e-learning modules.  Each module covers the requirement of a single procedure with the intent to guide staff through the process of understanding their responsibilities under the law with regard to Health and Safety in the workplace. The intention with the training is to guide staff through the process of understanding their responsibilities under the procedures but also to support the Council from moving to a more proactive Health and Safety culture.

15      The e-learning approach will enable Council to communicate immediately, effectively and has measurable results.  This training is a new approach for Council and it is expected that team and operational leaders will fully support staff in pursuing knowledge contained in the e-learning modules and encourage the innovative ideas that are likely to be generated.

16      All e-learning modules end with a short survey that takes the pulse of the staff and enables them to communicate freely their views with regard to the training.  This data will be anonymously collated and be a great indicator of the shift of the culture from reactive to generative over the duration of the training period.

17      The implementation of the e-learning modules rolled out in March 2018 and will enable sufficient time for staff to individually or in teams complete each module and put into practice the learnings from it.  Attachment B to this report details the Communication and Engagement Plan that is envisaged to ensure that this training is a success.  It is expected that there will be a module released every month and that time to do the training could range from 1 hour to 3-4 hours per month dependant on levels of involvement needed.

18      It is not the intent that the Health and Safety training will impact on delivery of projects and provision of customer support as it is part of everyday business.  However, it does need to be noted that there is time involved for every staff member and more so for leaders of people and operational leaders responsible for projects/contractors.

19      The staged approach will enable Council to monitor the impact and effect of the training and to adapt it to better suit staff based on feedback and results.

20      It is proposed that the continuation of the training is a focus for the 2018/19 Health and Safety Plan.

Critical Risks

21      Work continues on managing our critical risks.  The new Critical Risk and Management procedure outlines clearly how Council will identify and manage its most critical risks, including the development of a control plan and assessment against the effectiveness of these controls.

22      Development of critical risk control plans (bow ties) is well underway with three workshops held in early August 2017 and one in October 2017. 

23      A workshop was held with the Executive Leadership Team and Terry Johnson from Simpson Grierson in February 2018 confirming the critical risk control plan for Motor Vehicle accidents.  Additional workshops will be held with the Executive Leadership Team and critical risk teams to continue to make progress in this.  Attachment C is a copy of the slides from the workshop.  A copy of the current critical risk bow tie for a Motor Vehicle Accident is included in the attachment.

24      Once the critical risk control plans are finalised action plans will be developed to prioritise the work that needs to be undertaken to ensure Council makes progress on minimising risk and ensuring all our staff and workers return safe home every night.

25      In the June 2017 report to the Finance and Audit Committee some of the additional costs were highlighted.  This included costs for additional equipment needed, education costs, Health and Safety system costs and recruitment of additional resources to ensure compliance with the Health and Safety framework and Health and Safety legislation.  Examples of additional costs include $15,000 per annum for Audit and Assurance requirements; $10,000 per annum for a Health and Safety system; $10,000 for education and training on Health and Safety, cost of GPS $20,000 per annum and security cameras in our area offices $10,000 per annum.

26      All the above costs are indicative only and the majority of these costs have been budgeted as part of the Long Term Plan process.

27      It is proposed that managing critical risks including developing plans and priorities continues as a focus for the 2018/19 Health and Safety Plan.

Factors to Consider

Legal and Statutory Requirements

28      Council has an obligation to manage the safety of workers under Health and Safety legislative requirements in New Zealand. 

29      The Health and Safety Framework, containing a single policy with clear standard procedures is enabling a risk based approach to managing Health and Safety based within its undertakings.

30      The Health and Safety at Work Act (2015) provides guidance that if cost is the reason for not implementing a safety system, the provision of safety equipment or the changing of a process, to enable work to be done safely, then that cost must be something deemed to be grossly disproportionate to the risk being managed.

31      There is no further guidance in the Act on what grossly disproportionate means however it does give us an indication that we need to be very clear if we limit taking action or providing equipment or implementing improvements based on costs that there is significant risk to breaching the Act.

Policy Implications

32      There are no policy implications.

Analysis

Options Considered

33      The options considered are for Council to approve a continued focus on Health and Safety and the implementation of the H&S plan for 2018/19 (Option 1), for Council to approve a focus subject to some minor amendments (Option 2) or Do Nothing (Option 3).


 

Analysis of Options

Option 1 – Council agrees that there is a continued focus on Health and Safety and the implementation of the H&S Plan and the development of the 2018/19 Health and Safety Plan

Advantages

Disadvantages

·        Robust framework

·        Improvement of Health and Safety Culture

·        Illustration that Council and ELT are committed to caring for the wellbeing and safety of our people

·        Staff have a very good understanding of procedures and understand their responsibilities

·        Decline in the number of injuries

·        Meet legislative requirements

·        Continue to communicate the importance of Health and Safety ensuring all staff get home safe

·        Financial implications

·        May have an impact on the delivery of projects or expectations with the additional time needed for training

 

Option 2 – Modifies the focus on Health and Safety

Advantages

Disadvantages

·        Save some initial costs in the short term

·        Inconsistency in procedures

·        No clear guidelines

·        Health, safety and wellbeing of our people in jeopardy

·        May not be consistent with legislative obligations

·        Our Health and Safety culture does not move to a more proactive state remains static

 


 

 

Option 3 – Do nothing

Advantages

Disadvantages

·        Avoids short term cost implications

·        Inconsistency in procedures

·        No clear guidelines

·        Health, safety and wellbeing of our people in jeopardy

·        May not be consistent with legislative obligations

·        Our Health and Safety culture does not move to a more proactive state remains static

 

Assessment of Significance

34      The matter being considered is of an administrative matter and hence is not considered to be significant.

Recommended Option

35      Council approves that there is a continued focus on Health and Safety and the implementation of the Health and Safety Plan including training and critical risks.

36      Council approves that both training and critical risks are incorporated into the 2018/19 Health and Safety Plan.

Next Steps

37      Development of the draft Health and Safety Plan for 2018/19 which would include the Health and Safety initiatives including the training and critical risk work.

 

Attachments

a             Update on Health and Safety Action Plan as of 31 March 2018

b             Health and Safety Framework Communication and Engagement Plan 2018

c             Southland District Council Leadership Workshop 20 February 2018    

 


Council

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Council

2 May 2018

 

Health and Safety Update

Record No:             R/18/4/8347

Author:                      Janet Ellis, People and Capability Manager

Approved by:         Steve Ruru, Chief Executive

 

  Decision                                        Recommendation                                  Information

 

 

 

Purpose

1        To provide an update on Health and Safety related incidents and general health and safety initiatives.

Content

Incidents/Near Misses – Southland District Council

2        As part of the Health and Safety Plan for 2017/2018 we will be ensuring that we have consistency of reporting on both lead and lag indicators. 

3        Lagging indicators are typically “output” oriented, easy to measure but hard to improve or influence while leading indicators are typically input oriented, hard to measure and easy to influence.

4        Lead indicators include Near Misses, Audits and Inspections and progress to the Health and Safety Plan.  Lag indicators include Medical Treatment Interventions (MTI), Incidents, Lost time due to injury, Worksafe notifications and Number of Incident Investigations completed.

5        Please find below a summary of these indicators for the year from 1 January 2017 to 31 December 2017.  Please note we currently do not record the number of Audits and inspections carried out.

 

Key Performance Indicator

1 Jan – 31 Dec 2017

Worksafe Notifications

0

Medical Treatment Injury (MTI) as reported to ACC


2

Incidents

31

Lost time due to injury

3

Near misses

18

Investigations completed

27

 


 

6        Please find below a summary of these indicators for the first quarter of the year from 1 January 2018 to 31 March 2018.  Please note we currently do not record the number of Audits and inspections carried out.

 

Key Performance Indicator

1 Jan – 31 Mar 2018

Worksafe Notifications

0

Medical Treatment Injury (MTI) as reported to ACC


3

Incidents

15

Lost time due to injury

1

Near misses

9

Investigations completed

9

 

7        The Medical Treatment Injury (MTI)/Lost time Injury is related to an incident that occurred within our Work Scheme team.  The employee is currently still recovering although has returned to work on light duties. An investigation is still underway with this incident.

Other Health and Safety Related initiatives

8        A Health initiative was run in October with the four councils.  Dr Tom Mulholland and Nadia Lim presented to over 500 staff over a two day period on healthy choices.

9        As part of this initiative Dr Tom Mulholland introduced the KYND application.  The KYND application is a Know Your Numbers Dashboard that enables you to benchmark yourself to see how “well” you are and if your wellness strategies are making a difference to your score. Southland District Council trialled the application with a selected group of staff and after a successful trial has made the application available to all staff in 2018. 

10      As part of our health initiatives in March 2018 Council ran Healthy Thinking workshops for our staff.  The workshops were designed to help the participants to learn the tools of healthy thinking and to learn simple tools and techniques to control unhealthy emotions such as stress, frustration and anxiety.

11      The Health and Safety Committee had their first meeting of 2018 on 28 February 2018. Representation on the committee is from across the organisation including leaders of people and operational staff.  The purpose of the Health and Safety Committee is to actively participate in the formation of our H&S plan and enable the health and safety representatives to formally review progress against plans and to collaboratively discuss and agree any opportunities for improvement.  The committee meets quarterly and more often when needed.

12      In early April 2018, Council offered staff the option of a flu injection.  35 staff took up this opportunity.

 

 

Recommendation

That the Council:

a)            Receives the report titled “Health and Safety Update” dated 20 April 2018.

 

Attachments

There are no attachments for this report.  

 


Council

2 May 2018

 

Te Anau Wastewater Discharge Project Committee Terms of Reference

Record No:             R/18/4/9213

Author:                      Steve Ruru, Chief Executive

Approved by:         Steve Ruru, Chief Executive

 

  Decision                                        Recommendation                                  Information

 

 

 

Purpose

1        To enable Council to approve revised terms of reference for the Te Anau Wastewater Discharge Project Committee (Project Committee). 

Executive Summary

2        At its 18 April 2018 meeting the Council asked staff to review and update the terms of reference for the Project Committee to ensure that they reflected the current status of the project and the way in which the Committee might best assist Council with its decision-making processes.

3        Staff are now seeking Council endorsement of the revised terms of reference.

 

Recommendation

That the Council:

a)            Receives the report titled “Te Anau Wastewater Discharge Project Committee Terms of Reference” dated 23 April 2018.

 

b)           Determines that this matter or decision be recognised 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)           Approves the Terms of Reference for the Te Anau Wastewater Discharge Project Committee dated 19 April 2018 (attachment A of the report).

 

 

Background

4        At its 13 December 2017 meeting Council approved, subject to a final decision being made as to the final discharge method, the business case for the development of a new discharge system for Te Anau wastewater at the Kepler block.  As part of its series of decisions Council also requested that work be progressed to further evaluate the merits of sub-surface drip irrigation as compared with the consented centre pivot irrigation method for the final discharge.

5        Staff have a range of work underway to develop the advice that has been requested. Given that the request for the further information came from the Council staff would normally take the relevant information back to Council in the first instance given that they are the body that issued the instruction to staff.

6        At its 18 April 2018 meeting the Council considered a report from staff seeking a decision on whether they wanted the further evaluation work to be reported back to Council in the first instance, with the ability for Council to then ask its committees for advice, or to go via the relevant committees before being presented to Council. As part of its deliberations on this issue the Council asked staff to review and update the terms of reference for the Project Committee to ensure that they reflected the current status of the project and the way in which the Committee might best assist Council with its decision-making processes. Revised terms of reference are attached (Attachment A).

Issues

7        There is a need for the Council to consider whether it should approve the revised terms of reference for the Project Committee.

 

Factors to Consider

Legal and Statutory Requirements

8        Under the Local Government Act 2002 a local authority is able to establish the committees, sub-committees and other sub-ordinate decision making bodies that it considers appropriate.

9        All such committees are subject to the ultimate control of and must comply with any general or specific directions given by the Council. They also represent Council and are able to make decisions that are binding on Council.

Community Views

10      In forming the Project Committee in 2015 the Council was conscious of the need to ensure that there was a conduit via which the views of the local communities could be identified and considered as part of Council’s decision making process. This position is not changed by the changes to the terms of reference outlined in this paper.

Costs and Funding

11      Costs of the Project Committees operations will be met from the governance budget.

Policy Implications

12      The Project Committee will need to operate within the Council governance policies including its code of conduct and standing orders.

Analysis

Options Considered

13      The options considered are to approve the revised terms of reference (Option 1) for the Te Anau Wastewater Discharge Project Committee (with modifications) or Do Nothing (Option 2) which would mean retention of the current terms of reference.

Analysis of Options

Option 1 – Approve revised Terms of Reference

Advantages

Disadvantages

·        Will ensure that the terms of reference for the Committee reflect the current status of the project following execution of the Deed of Agreement.

·        The Committee will be focussed on the issues that are of importance to successful delivery of the project.

·        Council can manage the aspects that it sees as important to successful delivery of the project.

·        Will mean changes to the current terms of reference.

 

Option 2 – Do Nothing

Advantages

Disadvantages

·        Committee would continue to operate under existing terms of reference.

·        Committee will not necessarily be focussed on the issues that are of most importance to completion of the project.

 

Assessment of Significance

14      The issue being considered relates to whether the Council should approve the revised terms of reference for the Te Anau Wastewater Discharge Project Committee.

15      While there will be a good level of interest in this decision from the Te Anau and Manapouri communities a decision about the terms of reference for the Project Committee is not considered to be significant.

Recommended Option

16      The recommended option is that Council approve the revised Terms of Reference.

Next Steps

17      The revised Terms of Reference will be reported to the next formal meeting of the Committee.

 

Attachments

a             Terms of Reference – Te Anau Wastewater Discharge Project Committee - updated 19 April 2018    

 


Council

02 May 2018

 

Te Anau Wastewater Discharge Project Committee

Terms of Reference – Updated April 2018

Authorising Body:

Southland District Council

Title:

Te Anau Wastewater Discharge Project Committee

Approval Date:

15 March 2017 (r/16/11/18260)

Updated 19 April 2018

Delegated tO:

 

Alternative Role:

 

legislation:

 

1.      PURPOSE

The Te Anau Wastewater Discharge Project Committee shall assist the Southland District Council to progress implementation of the Te Anau Wastewater Discharge Project in accordance with the project scope/business case approved by Council.

2.      ROLE OF THE PROJECT COMMITTEE

The Southland District Council made a decision at its 13 December 2017 meeting, to proceed with the development of a new wastewater disposal system at the Kepler Block albeit that it would subsequently make a decision as to the final method of discharge.

To enable Council to make a decision on the final method of discharge staff have been asked to prepare advice on the issues that it will need to consider.

The Committee is required to provide advice and assistance to the Council as it proceeds with making a decision on the method of discharge and implementation of a new wastewater disposal system.

The final decision as to the method of discharge to be used shall ultimately be made by Council. Once this decision is made and any resource consenting and other statutory requirements met the physical works tendering and delivery stages related specifically to the discharge method will be able to proceed. Further, it is noted that elements not related to the discharge method (e.g. the installation of the pipeline and preparation of the Kepler Block) are able to proceed to tendering and construction at any time.

The specific responsibilities of the Project Committee are to:

a)   Provide advice on the final method of discharge to be used at the Kepler Block having regard to the range of factors that the Council should reasonably consider in making such a decision.

b)   Provide advice on how Council might consult with and communicate with the community, affected parties and other stakeholders in an appropriate manner about the project and the disposal of wastewater.

c)   Provide comment on the updated business case to be put forward for Council consideration in relation to the different final discharge options.

d)   Once Council has made a decision as to the final discharge method the Committee shall monitor the progress that is made in delivering on the overall project, and any sub-projects, relative to the approved milestones, budgets and project scope and business cases.

e)   Provide advice to Council, on how any variations between actual and planned delivery might be best addressed.

f)    Provide advice to Council on the assessment of project risks and appropriate mitigation strategies given the overall scope of the project.

g)   Assist with providing information to the Te Anau Community Board and the Manapouri Community Development Area Subcommittee on the project.

h)   Ensure that Committee decisions and processes are well documented in accordance with Council policies and its statutory requirements.

3.      DELEGATIONS

The Te Anau Wastewater Discharge Project Committee has delegated authority to provide advice and monitor the progress being made with the project in accordance with the responsibilities outlined above.

The Project Committee does not have delegated authority in relation to the following matters:

a)   The expenditure or committal of Council funds

b)   Approval of project timetable(s) and budget(s) within which the different stages of the project need to be progressed

c)   Negotiation and approval of any Land Access, Acquisition or Disposal Agreements

d)   Approval of the updated business case and/or decisions in relation to the type of treatment and disposal systems to be developed

e)   Approval of the procurement strategy and/or methods to be used for services and other works which need to be progressed as part of the project

f)    The approval of any tenders or other expenditure associated with the project

g)   Negotiation, approval or limitation of any other contractual arrangements that Council might have and/or put in place including with its staff.

4.      MEMBERSHIP

The membership of the Te Anau Wastewater Discharge Project Committee shall be:

a)   His Worship the Mayor, who will be the Committee Chair.

b)   Don Mowat, as a representative from Te Ao Mārama Incorporated.

c)   Allan Youldon

d)   Shirley Mouat

e)   Rachel Cockburn

f)    Cr Ebel Kremer

g)   Alan Bickers.

5.      CHAIRPERSON

The Chairperson is responsible for:

a)   The efficient functioning of the Project Committee; and

b)   Setting the agenda for Project Committee meetings; and

c)   Ensuring that all members of the Project Committee receive sufficient timely information to enable them to be effective Project Committee members.

6.      QUORUM

The quorum at any meeting of the Project Committee shall be not less than five members of the Project Committee including the Mayor and/or Councillor.

7.      FREQUENCY OF MEETINGS

The Project Committee shall meet as often is necessary to make decisions in a timely manner so that the project stays on time.

8.      RELATIONSHIPS WITH OTHER PARTIES

The primary relationship of the Project Committee will be with the Project Management Team through the Project Manager.  The Project Committee will report via progress reports and meeting minutes to the Southland District Council.

9.      CONTACTS WITH MEDIA AND OUTSIDE AGENCIES

The Project Committee Chairperson is the authorised spokesperson for the Project Committee, in all matters where the Project Committee has authority or a particular interest.

The Communications Manager will manage the formal communications between the Committee and its constituents and for the Committee in the exercise of its business. 

Correspondence with central government, other local government agencies or other official agencies will only take place through Council staff and will be undertaken under the name of the Southland District Council.

10.   CONDUCT OF AFFAIRS

The Committee shall conduct its affairs in accordance with the Local Government Act 2002, the Local Government Official Information and Meetings Act 1987, the Local Authorities (Members’ Interests) Act 1968, Council’s Standing Orders and Code of Conduct.

11.   PUBLIC ACCESS AND REPORTING

Notification of meetings to the public and public access to meetings and information shall comply with Standing Orders, but it should be noted that:

·      Any meetings of the Project Committee are subject to Standing Orders.

·      Workshops meetings solely for information and discussions and at which there no resolutions or decisions are not subject to Standing Orders.

·      Extraordinary meetings of the Project Committee may be held in accordance with Standing Orders.

·      The public may be excluded from the whole or part of the proceedings of the meeting and information withheld on one or more of the grounds specified in the Local Government Official Information and Meetings Act 1987 Section 48.

The Project Committee shall record minutes of all its proceedings and after adoption at its next meeting will present the minutes to the next available Council meeting.

12.   REMUNERATION

Remuneration will be in accordance with Elected Members’ Remuneration Policy or as otherwise approved by Council.

13.   FUNDING AND BUDGETS

Funding for the Te Anau Wastewater Discharge Project Committee will align with Council’s Revenue and Financing Policy.

The Te Anau Wastewater Discharge Project Committee shall have no authority to expend or commit Council to the expenditure of funds.

Remuneration and expenses will be funded from the allocated budget within the Council’s governance budget.


Council

2 May 2018

 

Revised Timetable for Consideration following Oral Submissions on the Representation Review

Record No:             R/18/4/9389

Author:                      Clare Sullivan, Governance and Democracy Manager

Approved by:         Rex Capil, Group Manager Community and Futures

 

  Decision                                        Recommendation                                  Information

 

 

 

Purpose

1        The purpose of the report is to approve a revised a timetable for consideration following the hearings on the Representation Review.  Adopting the new timetable will mean that the meeting on the 28th will not be needed.

Executive Summary

2        On 20 April 2018 Council resolved to establish a Hearings Panel to hear submissions on the Initial Proposal on Monday 18 and Tuesday 19 June 2018 (if required) and deliberate on Thursday 28 June 2018.  Council also agreed to adopt the Final Proposal on Wednesday 11 July 2018.

3        As not all Councillors will be present on 28 June 2018, it is advised that the Hearings Panel consider the submissions on Tuesday 19 June 2018 instead.  Council can then adopt the Final Proposal on Wednesday 11 July 2018 in accordance with the statutory timeframe.

 

Recommendation

That the Council:

a)            Receives the report titled “Revised Timetable for Consideration following Oral Submissions on the Representation Review” dated 26 April 2018.

 

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)           Changes the timetable agreed at the Council meeting on 20 April 2018 to the Hearings Panel considering the submissions on Tuesday 19 June 2018 and make recommendations to Council.  Council will adopt the Final Proposal on 11 July 2018.

 

e)            Notes that the meeting on Thursday 28 June 2018 will not be needed.

 

 

Background

4        Council is conducting a representation review and is required to have process for hearing submissions, making any changes it considers necessary to the Initial Proposal and adopting its Final Proposal.  

Issues

5        As noted a new timetable is recommended to ensure as many councillors as possible are able to consider the submissions. 

Factors to Consider

Legal and Statutory Requirements

6        The timeframe for submissions including consideration of the submissions is set out in section 19N of the Local Electoral Act 2001

Community Views

7        Not applicable for this decision.

Costs and Funding

8        There are no costs associated with this decision.

Policy Implications

9        Not applicable.

Analysis

Options Considered

10      There are two options either amend the timetable as recommended in the report or not.

Analysis of Options

Option 1 – Adopt the amended timetable

Advantages

Disadvantages

·        Ensures as many councillors as possible are able to attend the consideration

·        An additional meeting is not required

·        There are no disadvantages

 

Option 2 – Not change the timetable  

Advantages

Disadvantages

·        There are no advantages

·        Not all councillors will be able to be present for consideration

 

Assessment of Significance

11      Not significant in terms of Council’s Significance and Engagement Policy.

Recommended Option

12      Option 1 – adopt the amended timetable.

Next Steps

13      Option 1 will be implemented and publicised.

 

Attachments

There are no attachments for this report. 

   

 


Council

02 May 2018

 

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.

C10.1 Tuatapere Sewerage Scheme Refund

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:

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

Tuatapere Sewerage Scheme Refund

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.

Content of this report could be used for advantage in relation to property transactions in Tuatapere..

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.