Agenda of Nightcaps Community Development Area Subcommittee

Nightcaps Community Development Area Subcommittee

17 November 2015

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TABLE OF CONTENTS

ITEM PAGE

Procedural

1 Apologies 5

2 Leave of absence 5

3 Conflict of Interest 5

4 Public Forum 5

5 Extraordinary/Urgent Items 5

6 Confirmation of Minutes 5

Reports

7.1 Works and Finance to Nightcaps Community Development Area Subcommittee for the period ended 30 September 2015 13

7.2 Unaudited Annual Accounts Report to Nightcaps Community Development Area Subcommittee for the year ended 30 June 2015 19

7.4 Alfresco Dining 29

7.5 Community Governance Report 47

7.3 Annual Plan 2016/2017 - Draft Estimates Report 61

Public Excluded

Procedural motion to exclude the public

C8.1 Public Excluded Minutes of the Nightcaps Community Development 72

Area Subcommittee Meeting dated 14 July 2015

UPDATES

Local Liaison Persons

• Township Works – Wayne Williams, Jamie Shepherd, Bev Evans

• Parks & Reserves – Bill Brown, Erin Healey, Mark Marnane

• Community Housing – Bev Evans, Erin Healey

• Hall – Jamie Shepherd, Bev Evans, Wayne Williams

• Ohai/Nightcaps/Wairio Water Supply – Bill Brown, Mark Marnane

• Ohai/Nightcaps & Districts Doctors House & Surgery Committee – Bev Evans

• Library – Bev Evans

• Mines – Mark Marnane, Wayne Williams, Bev Evans

8.1 Chairperson’s Report

The Chairperson, Member Evans to report on matters with which she has been involved since the subcommittee’s last meeting.

8.3 Councillor’s Report

Councillor Baird to report on activities from the District Council table.

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Nightcaps Community Development Area Subcommittee

OPEN MINUTES

Minutes of a meeting of Nightcaps Community Development Area Subcommittee held in the Nightcaps Hall, Johnston Road, Nightcaps on Tuesday, 14 July 2015 at 6pm.

present

Chairperson	Bev Evans
Deputy Chairperson	Wayne Williams
	Bill Brown

Councillor	Stuart Baird

IN ATTENDANCE

Area Engineer	Leighton Hare
Project Engineer	Mark Simpson
Area Officer	Kelly Tagg

1 Apologies

There were no apologies.

2 Leave of absence

There were no requests for leave of absence.

3 Conflict of Interest

No conflicts of interest were noted and declared

4 Public Forum

There were no persons seeking speaking rights in Public Forum.

5 Extraordinary/Urgent Items

There were no Extraordinary/Urgent items.

6 Confirmation of Minutes

Resolution

Moved Cr Baird, seconded Member Brown

Confirms the minutes of Nightcaps Community Development Area Subcommittee meeting, held on 12 May 2015.

Reports

7.1

Action Sheet

Record No: R/15/7/11783

The Action Sheet from the Subcommittee’s previous meeting was tabled.

The Subcommittee noted that a report requesting Council confirm the appointment of Mrs Annette Blackler to the Nightcaps CDA will be considered at the Council meeting scheduled for 5 August 2015.

Resolution

Moved Cr Baird, seconded Member Brown

That the Nightcaps Community Development Area Subcommittee:

a) Receives the report titled “Action Sheet” dated 7 July 2015.

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.

7.2

Works and Finance Report to Nightcaps Community Development Area Subcommittee for the period ended 31 May 2015

Record No: R/15/6/11015

The Works and Finance report for the period ended 31 May 2015, was tabled.

The Area Engineer, Mr Leighton Hare, advised the Subcommittee as follows;

· A suspected arson fire burned down the uninhabited house at 37 Johnston Road which has resulted in a slip causing the footpath to collapse; the area has since been made safe. Mr Hare has been in contact with the Council’s Solicitor to determine if the property owner is liable or part liable for repairs, due to the potential high legal costs it was decided not to pursue this avenue. Mr Hare advised he has commissioned a surveyor to determine the legal boundary as well as requested quotes from two companies for remedial action in regards to the to the slip.

The meeting was also informed that NZTA have agreed to meet half the costs to remedy the damage caused by the slip and that the property owner will allow Council to backfill the site which will also see cost savings.

The Subcommittee expressed their appreciation to Mr Hare for the time and effort he has put into progressing this project.

· With the change in season the mowing has virtually ceased. A quote has been requested from the mowing contractor for including the area on the corner of Digger and Dryfe Streets.

· The prolonged periods of rain during June had a negative effect on the routine grading operations resulting in a general/overall deterioration of gravel roads.

· A detailed breakdown of budget variances was provided to the Subcommittee.

Resolution

Moved Member Williams, seconded Member Evans

That the Nightcaps Community Development Area Subcommittee:

a) Receives the report titled “Works and Finance Report to Nightcaps Community Development Area Subcommittee for the period ended 31 May 2015” dated 14 July 2015.

b) Determines that this matter or decision be recognised as not significant in terms of Section 76 of the Local Government Act 2002.

Updates

Local Liaison Persons Reports

Member Williams identified some minor engineering issues for follow up with Mr Hare.
Member Brown provided a brief update concerning the possible installation of posts at McGregor Park to prevent vehicles damaging the grass.
Member Evans advised that Council’s Strategic Property Manager has agreed that the internal maintenance planned for the Hall can be brought forward; Member Evans to liaise with the Community Development Planner concerning an Ohai Railway Fund application for a grant to assist with the interior maintenance works.
Member Evans advised the Nightcaps library visits may cease due to lack of patronage.

Chairperson’s Report

The Chairperson, Member Evans, advised she would like the Subcommittee to make themselves available to assist with confirming the plot details and names at the Wairio Cemetery for the planned Information Board. This project is likely to take place when the weather improves. The Ohai Nightcaps Lions Club will also assist with this project and Member Evans will seek help from the wider community also.

The Chairperson informed the Subcommittee that the Butcher Shop corner project is also on hold at present pending a change in weather; Member Evans will work with Venture Southland to lodge an application for funding with the Southland Regional Heritage Fund.

The Chairperson also encouraged Members to attend the upcoming Nightcaps Medical Trust meeting in order to show their support for the Nightcaps Medical Centre; Member Evans advised Nightcaps was in danger of losing medical services if the Medical Centre closes.

The Subcommittee was informed that the Chairperson has liaised with Mayor Tong concerning the possible purchase of the Nightcaps Museum. The Subcommittee was advised that there would be a significant cost in doing so and agreed it was not going to pursue this project any further at present.

The meeting was advised there are some community assets currently stored in the Museum that the Subcommittee will be able to take ownership of once the Museum is sold.

The Chairperson also enquired if the Subcommittee was supportive of the installation of a community events noticeboard in Nightcaps and also the framing of some old movie posters from the Nightcaps Movie Theatre to be placed in the Nightcaps Hall Foyer. The Subcommittee agreed it was supportive of progressing both these projects. The Chairperson to liaise with Venture Southland and the Strategic Property Manager in order progress these projects.

Councillor’s Report

Councillor Baird reported on matters from the District Council table, these included:

Council has adopted the 2015-25 Long Term Plan; the overall rate increase is 2.9%
Changes to the Speed Limit Bylaw have been adopted
Angus McKay has been appointed as the new manager of Emergency Management Southland
Council has amended its Standing Orders to allow meetings to take place via video link

At this point the Chairperson enquired what the Subcommittee was entitled to with regards to Ward reserves and what, if any, funds the CDA has received. Councillor Baird responded that the Waiau Aparima Ward Councillors wanted to ensure that the rural community benefitted from the expenditure as they had contributed to the development of Ward reserves over the years. Member Evans expressed concern at the difficulty the CDA had in accessing the Reserves. Mr Hare advised the Councillors had to seek approval from their fellow Ward Councillors to spend Ward Reserves in excess of $5,000. However, individual Councillors could approve expenditure up to the $5,000 threshold.

The Chairperson advised Councillor Baird that the Subcommittee would like a grant from the Ward reserves to assist with the interior maintenance of the Nightcaps Hall; Councillor Baird suggested the CDA apply to the Ohai Railway Fund. The Chairperson responded that an application would be made to the Ohai Railway Fund and also requested how to apply for Ward funds. Councillor Baird advised he would seek clarification on this matter and report back to the Subcommittee.

Public Excluded

Exclusion of the Public: Local Government Official Information and Meetings Act 1987

Resolution

Moved Member Brown, seconded Member Williams

That the public be excluded from the following part(s) of the proceedings of this meeting.

The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

C8.1 Public Excluded Action Sheet

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

Public Excluded Action Sheet

s7(2)(h) - The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

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.

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.

C8.2 Dryfe Street Stormwater Renewal

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

Dryfe Street Stormwater Renewal

s7(2)(h) - The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

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.

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.

C8.3 Public Excluded Minutes of the Nightcaps Community Development Area Subcommittee Meeting dated 12 May 2015

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

Public Excluded Minutes of the Nightcaps Community Development Area Subcommittee Meeting dated 12 May 2015

s48(1)(d) - Check to make report confidential.

That the exclusion of the public from the part of the meeting is necessary to enable the local authority to deliberate in private on its decision or recommendation.

That the Area Engineer, Area Officer and Project Engineer be permitted to remain at this meeting, after the public has been excluded, because of their knowledge of the items C8.1, C8.2 and C8.3. This knowledge, which will be of assistance in relation to the matters to be discussed, is relevant to those matters because of their knowledge on the issues discussed and meeting procedure.

Resolutions in relation to the confidential items are recorded in the confidential section of these minutes and are not publicly available unless released here.

7.42pm CONFIRMED AS A TRUE AND CORRECT RECORD AT A MEETING OF THE Nightcaps Community Development Area Subcommittee HELD ON 14 JULY 2015

DATE:...................................................................

CHAIRPERSON:...................................................

Nightcaps Community Development Area Subcommittee

17 November 2015

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Works and Finance to Nightcaps Community Development Area Subcommittee for the period ended 30 September 2015

Record No: R/15/10/19452

Author: Leighton Hare, Area Engineer

Approved by: Ian Marshall, GM - Services and Assets

☐ Decision ☐ Recommendation ☒ Information

Area Engineer’s Report

1 Area Engineer will discuss projects and variances at the meeting.

Water and Waste Engineer’s Report

2 The monthly operations reports from Downer are provided to the Subcommittee Secretary as they are published. They include data on Downer’s district-wide operations activities which is presented on a town by town basis.

3 For the year to date, there has been no unplanned expenditure exceeding the $5,000 threshold.

Financial Considerations

Development and Financial Contributions

4 The table below outlines the balances of Development and Financial contributions for your community to date. Spending of these funds is considered by Council staff when projects are in the planning stage. Once identified as a potential funding source for a project, confirmation from the Group Manager Services and Assets is sought before undertaking the project to ensure that the relevant policy and legislative requirements are met.

Sewerage

$7,475

Reserves

5 Please find the reserves report attached.

Project List

The table below shows all of the projects that are currently planned for Nightcaps in 2015/2016 including carry forwards from previous years with an update on their progress. Carry forwards are identified in the following table as bold and italic.

Activity	Project Name	Type	Year	Budget	Status	Officer’s Comment
Stormwater	Dryfe Street Repairs	REN	15/16	$130,055		Unplanned repairs required
Community Centres	Interior Painting & New Cupboard Doors	O&M	14/15	$14,666		Project Brought forward in LTP

Recommendation

That the Nightcaps Community Development Area Subcommittee:

a) Receives the report titled “Works and Finance to Nightcaps Community Development Area Subcommittee for the period ended 30 September 2015” dated 9 November 2015.

Attachments

a Nightcaps Financial Reports, 30 September 2015 View

Nightcaps Community Development Area Subcommittee

17 November 2015

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Unaudited Annual Accounts Report to Nightcaps Community Development Area Subcommittee for the year ended 30 June 2015

Record No: R/15/8/15130

Author: Leighton Hare, Area Engineer

Approved by: Ian Marshall, GM - Services and Assets

☐ Decision ☐ Recommendation ☒ Information

Summary of Reserve Movement

1 As illustrated on the attached business unit and reserve reports:

Business Units	Actual Transfer to/(from) Reserve	Budgeted Transfer to/(from) Reserve
25300 - Administration	$2,513	$4,632
25302 - Operating	$1,018	-
25307 - Street Works	($5,135)	-
25313 - Stormwater	($25,076)	($13,959)
25319 - SW Dryfe Street	($3,425)
25328 - Beautification	$971	-
25332 - McGregor Park	$17,486	$12,801
25333 - Dr Woods Memorial Park	($341)	-
Local Net Transfer to/(from) Reserves	($11,989)	$3,474
25350 - Hall	$2,903	$50

2 As at 30 June 2015 the total funds held in reserves is $136,436.

Significant Budget Variances

3 Key reasons for the most significant budget variances are detailed below:

Street Works

4 Footpath work was completed at the corner of Johnston and High Streets.

Stormwater

5 No costs were charged by Environment Southland for monitoring this year.

6 Payments were made for previous years retention costs for stormwater replacement project at Dryfe Street, as well as reinstatement costs for paddock area, property of Mansons.

Project List

Activity	Project Name	Financial Year	AP Budget	Actual cost 14/15	Status	Officer’s Comment
Sewerage	Reticulation Renewal	2014/2015	$12,854	$8,140	Complete
Sewerage	Electrical Upgrade	2014/2015	$20,076	$17,729	Complete
Sewerage	Resource Consent Project	2014/2015	$22,172	$27,952	In Progress	Resource Consent has been prepared by MWH
Sewerage	Flow Meter & SCADA telemetry	2013/2014	$50,000	$8,862	Complete
Stormwater	Condition Assessment	2014/2015	$13,959	-	Complete	CCTV work completed by Hydrotech earlier than scheduled.
Stormwater	Reticulation Renewal	2019/2020	$111,897	$26,064	Complete	Work completed under urgent need - Originally 2019/2020 extended scope and budget approved.

Financial Considerations

7 Please note these financial results are subject to review by Audit NZ in September, and therefore may change.

Reserves

8 Interest has been allocated to the reserve accounts, calculated on the average balance of the reserves for the year, at an interest rate of 4.09%. This interest is now included within the business units and found in the financial report.

Development and Financial Contributions

9 The total balance of Development and Financial contributions for your community to
30 June 2015 is $7,475 for sewerage. Spending of these funds is considered by Council staff when projects are in the planning stage. Once identified as a potential funding source for a project, confirmation from the Group Manager - Services and Assets is sought before undertaking the project to ensure that the relevant policy and legislative requirements are met.

Description: sdc_print

Nightcaps

Schedule of Reserve Balance

Recommendation

That the Nightcaps Community Development Area Subcommittee:

a) Receives the report titled “Unaudited Annual Accounts Report to Nightcaps Community Development Area Subcommittee for the year ended 30 June 2015” dated 13 September 2015.

b) Determines that this matter or decision be recognised as not significant in terms of Section 76 of the Local Government Act 2002.

Attachments

a Nightcaps Annual Report Figures 30 June 2015 View

Nightcaps Community Development Area Subcommittee

17 November 2015

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Alfresco Dining

Record No: R/15/7/12613

Author: Leighton Hare, Area Engineer

Approved by: Ian Marshall, GM - Services and Assets

☒ Decision ☐ Recommendation ☐ Information

Purpose

1 This report provides the Nightcaps CDA with information regarding the
Alfresco Dining Policy. It also requests a decision from the CDA regarding the application or remission of alfresco dining annual fees.

Executive Summary

2 On 3 June 2015, Council adopted the Alfresco Dining Policy (attached). The Policy applies to the whole of the Southland District and provides Community Boards and Community Development Area Subcommittees with the option to apply annual fees or remit these fees in their area.

Recommendation

That the Nightcaps Community Development Area Subcommittee:

a) Receives the report titled “Alfresco Dining” dated 21 July 2015.

b) Determines that this matter or decision be recognised as not significant in terms of Section 76 of the Local Government Act 2002.

d) Decides whether annual fees relating to alfresco dining should apply in the
Nightcaps area.

Content

Background

3 The Alfresco Dining Policy was adopted by Council on 3 June 2015. The Alfresco Dining Policy allows Council to regulate alfresco dining and charge fees in relation to this activity. These fees are outlined in the attached policy and in Council’s Schedule of Fees and Charges.

4 Council decided to adopt a policy which applies at a district level however, it also decided to allow Community Boards and Community Development Area Subcommittees to choose whether to apply or remit annual fees in their areas. Licencing fees and other conditions of the policy will apply across the district and decisions relating to the remission of annual fees apply to local areas rather than individual businesses. This will ensure a more fair and consistent approach.

Issues

5 In considering whether to apply annual fees relating to alfresco dining, Community Boards and Community Development Area Subcommittees should consider the impacts on economic growth and business sustainability as well as the vibrancy of townships in the District. Affordability for businesses should also be considered.

Factors to Consider

Legal and Statutory Requirements

6 Alfresco dining is affected by a range of legislation and bylaws including:

· Building Act (1991) and amendments;

· Food Hygiene Regulations (1974) and amendments;

· Health and Safety in Employment Act (1992) and amendments;

· Litter Act (1979) and amendments;

· Local Government Act (2002) and amendments;

· Public Works Act (1981) and amendments;

· Resource Management Act (1991) and amendments;

· Sale and Supply of Alcohol Act (2012) and amendments;

· Southland District Council Roading Bylaw (2015);

· Southland District Council Trading in Public Places Bylaw (2012).

7 The Policy uses an approach which encourages compliance through a “three strike” mechanism, where written warnings are sent out to non-compliant licence holders. At this stage no bylaw provisions enabling enforcement have been developed. Should compliance become an issue, this can be revisited at a later stage.

Community Views

8 During the development of this policy, targeted consultation with the Te Anau Community Board took place. The Policy has also been considered by the
Policy Review Committee on two occasions and the Council.

9 The fee structure was also included in the Schedule of Fees and Charges which was the subject of special consultation as part of the Long Term Plan 2015-25 process. During this consultation, no submissions were received regarding alfresco dining.

10 Community Boards and Community Development Area Subcommittees in conjunction with Area Engineers need to identify those who will be affected by the policy so that they can be informed.

Costs and Funding

11 Fees are inclusive of GST and will consist of an administration fee and annual fees (or part thereof), as set out in the Schedule of Fees and Charges.

12 Annual fees (per m²) for the first year of a licence are pro rata.

13 Premises which already hold an alfresco dining licence may be subject to additional inspections to ensure that they continue to comply with their original licence conditions.

14 The costs of the alfresco dining licences have been increased slightly to reflect more accurately the costs incurred by Council to administer and monitor the licencing of alfresco type dining. This is minor, and is expected to bring in revenue of ~$1,440 per annum (based on 12 restaurants currently known as undertaking alfresco type dining - 10 in Te Anau and two in Winton).

15 The initial administration fees cover the Area Engineer’s time to check the premise, as well at the financial costs of invoicing the restaurant. This fee will be directed to the Area Engineers business unit within Council. The annual fees will provide local revenue for footpath maintenance etc.

16 The fees in the Schedule of Fees and Charges (2015-2025) have been set at:

· Administration/Application fee: $120.00 (one off);

· Occupation fee calculated on the area used: $20.00 per m²/ per year.

By comparison some fees from other cities in New Zealand are:

· Auckland: $69.00 per m²/ per year;

· Wellington (CBD): $85.00 per m²/ per year;

· Taupo: $43.35 per m²/ per year;

· Queenstown: $185.00 per m²/ per year (highest fee per m²in
New Zealand);

· Gisborne: $0.00 - no fees at all.

Policy Implications

17 Fees relating to alfresco dining have already been included in Southland District Council’s Schedule of Fees and Charges 2015/16.

Analysis

Options Considered

18 The Nightcaps CDA could:

· Option 1: Choose to remit the annual fee component;

· Option 2: Choose to apply the annual fee component.

19 Regardless of the option chosen by the CDA, the initial licensing/inspection fees and other provisions of the Alfresco Dining Policy will be applied consistently throughout the district.

Analysis of Options

Option 1 - Remit the Annual Fee component

Advantages

Disadvantages

· Supports local businesses by limiting their expenses.

· Encourages vibrant streetscapes in local townships.

· May limit costs which could be passed on to local consumers.

· Does not reflect any costs of regulating alfresco dining.

Option 2 - Apply the Annual Fee component

Advantages	Disadvantages
· Reflect costs of regulating alfresco dining.	· Increases costs to local businesses which may have a flow on effect for customers or reduce the viability of such businesses.

Assessment of Significance

20 This issue has not been assessed as significant within the framework of Southland District Council’s Significance and Engagement Policy. It affects a limited number of stakeholders throughout the district and the financial amounts involved are small.

Recommended Option

21 It is recommended that Community Boards and Community Development Area Subcommittees choose the most appropriate fee option for their local area in consideration of the demand created by alfresco dining activities and the affordability of fees for local businesses.

Next Steps

22 Once a decision has been made regarding whether or not annual fees will be remitted, affected parties need to be notified. This can be done via a letter advising businesses of the new policy, how it will be implemented and what costs they will become liable for.

23 Any businesses which will need to be inspected and licenced shall be approached by the appropriate Area Engineer. Licences will be issued by Area Engineers and registered against the premises.

Attachments

a Alfresco Dining Policy View

b Alfresco Dining Process View

c Application for Alfresco Dining Licence View

d Alfresco Dining Licence View

Nightcaps Community Development Area Subcommittee

17 November 2015

ALFRESCO DINING POLICY

1. PURPOSE

Alfresco dining in public spaces brings vibrancy to towns within the District, suggesting street life and energetic towns. Outdoor seating areas for food service provide a space for social interaction and the opportunity to rest and observe street activity. They also increase the sense of safety and security in the streets, due to increased occupancy.

These areas also provide restaurant and café owners with the opportunity of extending business and promoting patronage with a more visible presence, promoting economic development in our townships.

The Alfresco Dining Policy (the Policy) has been developed to regulate the use of street dining furniture so as to keep our streets clean, safe and not hindering pedestrian flow while encouraging our towns to be dynamic.

For regulations regarding sandwich boards, please see the District Plan.

2. DEFINITIONS AND ABBREVIATIONS

Term	Meaning
Alfresco Dining	The serving and eating of food in a public space, namely footpaths, in open air or under a tent, marquee or other temporary shelter.

3. POLICY DETAILS

3.1 Background

Principles by which decisions regarding the Policy are made are:

· Licensing activities on footpaths should be reflective of Council’s vision and mission.

· Pedestrian priority should be enhanced to facilitate efficient and safe walking routes in our townships and encourage people to walk as their primary mode of transport through townships.

· Streetscapes of our townships should be vibrant, safe and attractive, and when setting any rebate, Council will consider how a proposed activity might positively contribute to achieving this principle.

· Our townships should provide opportunities for pedestrians to participate in the public environment through leisure, retail, recreation and entertainment activities.

· Businesses and groups that use footpaths should do so in a fair and balanced way, that does not impair safe and efficient pedestrian movement. Footpaths shall be managed in accordance with:

o Relevant Council guidelines and the District Plan.

o NZ standard 4121:2001 Design of Access and Mobility - Buildings and Associated Facilities (NZS4121) for accessible journeys and design elements.

o Relevant legislation and standards for health and safety and advertising.

3.2 Regulations

To be able to have street furniture for use in alfresco dining, restaurateurs must hold a current licence for alfresco dining, obtained from Council.

A minimum of 1.5 metres of footpath will be available for pedestrian use at all times.

Umbrellas shall be confined to the area and not encroach onto the pedestrian way, and shall be at a height that is safe for pedestrians.

Alfresco dining and associated street furniture must be confined to the area of footpath directly outside the premises. Any other locations will be determined through the relevant Area Engineer on advice from the Community Board or Community Development Area Subcommittee.

This policy will apply to each town across the District unless a Community Board or Community Development Area Subcommittee has advised Council that they do not wish to charge fees in their area. In this case, the policy will still apply; however, the fees will be remitted.

3.3 Licensing and Applications

An initial application to have alfresco dining is to be made in writing and approval will be granted following an inspection of the premise by an Area Engineer.

All applications must contain:

· A map of the location of any street plantings/trees and Council-owned street furniture.

· A sketch showing the location of any proposed chairs, umbrellas, outdoor heating devices and any other furniture that will be used in this activity.

· Proposed hours of operation.

· Letters of support from the adjoining (on either side of the location and the same side of the street) business owners or lessees will be obtained. Council staff can request other nearby business/lessees’ opinions if the alfresco dining furniture is likely to have an effect on them.

· Proof of building consent (if applicable).

· Proof of valid Alcohol Premise Licence (if applicable).

· Proof of public liability (refer to Section 3.4).

Any building as defined in Section Three of the Building Act (1991) that is required for this activity shall require a building consent unless it is exempted by the Third Schedule of the Building Act (1991).

If the restaurateur holds an Alcohol Premise Licence, they must show that they intend to either obtain a new Alcohol Premise Licence for this area, or how they will not serve alcohol in that area.

Once granted, licences will be placed on property files as an advice for all Council staff dealing with the property.

Individual licences shall be issued by the local Area Engineer in consultation with the Property Department and relevant elected body, and shall be valid for a maximum period of three years, before renewal is necessary.

3.4 Operational Details

Licensees will hold public liability for a minimum of $1,000,000 and shall take full responsibility for indemnifying Council against any claims, demands, or actions made upon Council arising out of licensees’ operations.

Licensees will be responsible for keeping their licence areas clean and tidy. All stained or damaged pavement surfacing must be cleaned or replaced promptly by licensees at no cost to Council.

Licensees must control all litter arising from their activities and shall not use Council provided street litter bins for this purpose.

Licensees are not able to assign or sublet the licensed area without the approval of Council.

Licensees will comply with all statutory requirements, Acts, Regulations, Bylaws, Ordinances, Rules and lawful directions of Council, including but not limited to, the following:

· Building Act (1991) and amendments;

· Food Hygiene Regulations (1974) and amendments;

· Health and Safety in Employment Act (1992) and amendments;

· Litter Act (1979) and amendments;

· Local Government Act (2002) and Amendments;

· Public Works Act (1981) and amendments;

· Resource Management Act (1991) and amendments;

· Sale and Supply of Alcohol Act (2012) and amendments;

· Southland District Council Roading Bylaw;

· Southland District Council Trading in Public Places Bylaw (2012).

Where the applicant for a licence to occupy a public place is the holder of an On Licence, then the occupation of the public place may not commence until such time as the applicant has sought and obtained an Alcohol Premise Licence before the sale and consumption of liquor can occur in the alfresco dining specified area.

3.5 Fees

Fees are to be set by Council (inclusive of GST) and will consist of an administration fee and annual fees (or part thereof), as set out in the Schedule of Fees and Charges. Annual fees for the first year of a licence are pro rata.

The Community Board or Community Development Area Subcommittee for each area will decide whether or not annual fees in relation to this activity shall be remitted. In the case of remission, other regulatory aspects of this policy still apply.

3.6 Enforcement

If a licence holder does not comply with the conditions of this policy, the Council will, on the first occasion:

· Provide information to ensure all parties know what is required.

· Verbally notify the business, individual or group of the issue and provide a warning to the business, individual or group of the issue and provide a warning of the consequences of future violation of the policy.

For a second violation of the policy, the Council will provide a written second warning to the business, group or individual identifying the issue(s), required remedy and timeframe, and consequences of future violation of the policy.

For a third violation of the policy, the Council will take appropriate action, selecting from such options as revocation of the licence.

3.7 Revocation of Licence

The Area Engineer may revoke an Alfresco Dining Licence if significant breaches of the policy are unable to be resolved by other means (such as verbal or written warnings).

3.8 Transitional Procedures

This policy will take effect from 1 July 2015. Current licence holders will not be required to re-apply for licences, but will be required to pay their annual fees from this date. Any restaurants currently operating alfresco dining without a licence will be required to apply for a licence and pay the licence application fee.

4. ROLES AND RESPONSIBILITIES

Party/Parties	Roles and Responsibilities
Area Engineer	Receive, process and finalise licence applications (in consideration of any advice from the relevant Community Board/Community Development Area Subcommittee) including the inspection of the location during application. Enforce the policy, including revoking the licence if necessary.
Environmental Health	To report any offences of the policy to the Area Engineer, if seen during regular restaurant inspections.
Property Department	Invoice for fees and require that fees be paid to Council.
Community Board/Community Development Area Subcommittee	Give advice to the Area Engineer as required. Decide whether the policy is to apply in their local area.

5. REVISION RECORD

Date	Version	Revision Description
24/7/03	r/09/9/13466	This policy supersedes the Alfresco Type Dining on Public Land Policy (2003)

Nightcaps Community Development Area Subcommittee

17 November 2015

sdc_print

TRIM Reference:

Container:

Contact Area Engineers for enquiries:

0800 732 732

www.southlanddc.govt.nz

This application allows a decision to be made regarding the allocation of an Alfresco Dining Licence. As part of the application, an Area Engineer will be required to assess the site and plans.

An Alfresco Dining Licence is valid for three years, when a renewal of the licence is necessary.

APPLICANT DETAILS

Name of business

Applicant(s)

First Names:

Surname:

Full Address:

Physical:

Postal (if different)

Phone:

Home:

Mobile:

RESTAURANT OPERATION

Q1:

Do you have an Alcohol Premises Licence?

YES
(please provide evidence)

Q2:

What are your hours of operation?

Mon

Tues

Wed

Thurs

Fri

Sat

Sun

Q3:

What is the area (m²) of the Alfresco Dining space you wish to use?

PAYMENT DETAILS

The restaurant using the area described in this application is required to be registered as using Alfresco Dining with the Southland District Council

The application fees must be paid within SEVEN DAYS after this date:

/ /

TOTAL FEE PAYABLE:

NOTE: Please check Council’s Schedule of Fees and Charges for the set Alfresco Dining Fees.

Applicant
I understand the purpose and requirement of this application and believe that the contents are true and correct to the best of my knowledge.
SIGNED:		Date
	Applicant

TO INCLUDE IN THE APPLICATION

Each application should incorporate:

· Map of location of street plantings/trees and Council-owned furniture, property boundary showing entrance, and which indicates the location of proposed chairs, umbrellas, outdoor heating devices and any other furniture to be used in this activity (see next page).

· Letters of support from the adjoining (on either side of the location and the same side of the street) business owners or lessees.

· Proof of building consent [unless exempted by Schedule 3 of the Building Act (1991)].

· Proof of public liability for a minimum of $1,000,000 (please see below for details).

· Any applicable Alcohol Premises Licence held and its licensed area definition plan (please see note below).

ALCOHOL LICENCES

When alcohol licences are issued there is a licensed premises definition plan that is date stamped and referred to in the licence. This shows the area that is covered by the alcohol licence.

If you hold an alcohol licence (ie On Licence) you will also need to update the area to which the alcohol licence relates. Once the alfresco licence has been granted, you can then submit a variation application, including a new licensed premises definition plan, to the Southland District Licensing Committee. For more information about this process please contact Council’s Environmental Health Officers.

Consumption of alcohol must not commence outdoors unless the area is covered by the alcohol licence and the alfresco dining licence is granted.

STANDARD CRITERIA

Licensees must hold public liability for a minimum of $1,000,000 and shall take full responsibility for indemnifying Council against any claims, demands, or actions made upon Council arising out of licensees’ operations

Licensees will be responsible for keeping their licenses areas clean and tidy. All stained or damaged pavement surfacing must be cleaned or replaced promptly by licensees at no cost to Council.

Licensees must control all litter arising from their activities within a 15 metre radius of their licensed area and shall not use Council provided street litter bins for this purpose.

Licensees are not able to be assigned or sublet the licensed area without the approval of Council.

Licensees will comply with all statutory requirements, Acts, Regulations, Bylaws, Ordinances, Rules and lawful directions of Council, including but not limited to, the following:

· Building Act (1991) and Amendments.

· Food Hygiene Regulations (1974) and Amendments.

· Health and Safety in Employment Act (1992) and Amendments.

· Litter Act (1979) and Amendments.

· Local Government Act (2002) and Amendments.

· Public Works Act (1981) and Amendments.

· Resource Management Act (1991) and Amendments.

· Sale and Supply of Alcohol Act (2012) and Amendments.

PROPOSED LOCATION (MAP/SKETCH)

Map should include location of street plantings/trees and Council-owned furniture, property boundary showing entrance, and indicates the location of proposed chairs, umbrellas, outdoor heating devices and any other furniture used in this activity.

Nightcaps Community Development Area Subcommittee

17 November 2015

ALFRESCO DINING LICENCE

Licence is hereby granted to [insert restaurant name here] to occupy [insert area in metres here] of street frontage or road reserve adjacent to the business premises known as [insert restaurant name here] at [insert address here] for the purposes of providing an alfresco dining facility in accordance with the site plan attached to this licence. This licence is subject to the standard and specific operating listed conditions.

This licence shall remain in force to 30 June _____ [insert year 3 years from application].

An annual licence fee is required to be paid to Southland District Council, pursuant to Council’s Alfresco Dining Policy, unless the licence is otherwise revoked.

Dated at _____________ [place], _____________ Date.

[name]

AREA ENGINEER

Standard Conditions

Licensees will be responsible for keeping their licence areas clean and tidy. All stained or damaged pavement surfacing must be cleaned or replaced promptly by licensees at no cost to Council.

Licensees must control all litter arising from their activities and shall not use Council provided street litter bins for this purpose.

Licensees are not able to assign or sublet the licensed area without the approval of Council.

Licensees will comply with all statutory requirements, Acts, Regulations, Bylaws, Ordinances, Rules and lawful directions of Council, including but not limited to, the following:

· Building Act (1991) and amendments;

· Food Hygiene Regulations (1974) and amendments;

· Health and Safety in Employment Act (1992) and amendments;

· Litter Act (1979) and amendments;

· Local Government Act (2002) and Amendments;

· Public Works Act (1981) and amendments;

· Resource Management Act (1991) and amendments;

· Sale and Supply of Alcohol Act (2012) and amendments;

· Southland District Council Trading in Public Places Bylaw (2012).

Specific Conditions

[Insert specific licence conditions here].

Nightcaps Community Development Area Subcommittee

17 November 2015

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Community Governance Report

Record No: R/15/10/18861

Author: Rex Capil, Group Manager, Policy and Community

Approved by: Steve Ruru, Chief Executive

☐ Decision ☐ Recommendation ☒ Information

Introduction

1 Council has committed to undertake a Community Governance Review Project to assist in preparation for the Representation Review scheduled for 2017.

2 Steps in the process completed to date include:

· Discussion with Council introducing the project concept - January 2015,

· Discussion at the Executive Leadership Team Workshop - April 2015,

· Discussion at the Staff Forum - June 2015,

· Update of preparation progress to Council Workshop - June 2015.

3 The next stage of the project is to develop the concept design further, prepare a consultation document and deliver on an agreed implementation and engagement approach.

Engagement Approach and Implementation Timeline

4 An important process in developing this project is to ensure there is significant engagement during the project design and development stages.

5 This will involve ensuring there is the opportunity for public participation throughout the project development.

6 This will involve various degrees of engagement across the public participation spectrum - including but not limited to:

· Inform - provide the public with balanced information to assist in understanding the topic, issues and options and opportunities.

· Consult - obtain public feedback an analysis, alternatives and/or decisions.

· Involve - work directly with key stakeholders throughout the process to ensure that public concerns and aspirations are consistently understood and considered.

· Collaborate - partner with stakeholders to discuss as required the development of the alternatives and the identification of a preferred solution.

7 A Staff Project Working Group and an Elected Representative Working Group - including Councillors, Community Board and CDA representatives are to be established and will operate for the duration of this project.

8 Stakeholder engagement is to be undertaken with individual Community Board and CDA Subcommittees and various other regional and national agencies - with the intent that this engagement will be completed by July 2016.

9 Community engagement is to be undertaken with local community organisations and residents by way of public forums with the intent this engagement will be completed by
July 2016.

10 A Community Governance Proposal - Final Draft is to be prepared for approval for consideration as part of informing the Representation Review process by February 2017.

11 It is intended a Representation Review is to be undertaken and completed by June 2017.

12 Attached to this report is the presentation made to the Community Board and CDA Chairs meeting in July 2015.

Recommendation

That the Nightcaps Community Development Area Subcommittee:

a) Receives the report titled “Community Governance Report” dated 22 October 2015.

Attachments

a Community Governance Slides for Community Board and CDA Meetings View

Nightcaps Community Development Area Subcommittee

17 November 2015

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Annual Plan 2016/2017 - Draft Estimates Report

Record No: R/15/10/18464

Author: Leighton Hare, Area Engineer

Approved by: Ian Marshall, GM - Services and Assets

☐ Decision ☒ Recommendation ☐ Information

Purpose

1 This report provides an overview of the forecasted services for the Nightcaps Community Development Area Subcommittee in 2016/2017. It includes any variations from what was forecasted in year two of the Long Term Plan (LTP) 2015-2025.

2 Council has streamlined its 2016/2017 Annual Plan process and as a result the subcommittee is only required to review your estimates for significant changes.
In addition, consideration should be given to funding any significant changes from reserves where appropriate.

Executive Summary

3 The draft estimates will be incorporated into the Council’s Draft Annual Plan which will be released for consultation in February 2016. Once the plan is finalised (and subject to any changes resulting from submissions), the estimates shown for 2016/2017 will be used to set rates for the year beginning 1 July 2016.

Recommendation

That the Nightcaps Community Development Area Subcommittee:

a) Receives the report titled “Annual Plan 2016/2017 - Draft Estimates Report” dated 10 November 2015.

b) Determines that this matter or decision be recognised as not significant in terms of Section 76 of the Local Government Act 2002.

d) Approves variations in the Nightcaps Community Development Area Subcommittee estimates from year two of the Long Term Plan.

e) Estimates for the year commencing 1 July 2016 be adopted for inclusion in the Council’s Draft Annual Plan (subject to any amendments made at the meeting).

f) Requests the levy of the following rates and charges (including GST) for the year commencing 1 July 2016 based on the approved estimates in (e) above.

Rate Description Rate (GST Incl)

Nightcaps CDA Rate $36,721

Nightcaps Hall Rate $14,564

g) Requests the setting of the hall fees and charges (including GST) for the year commencing 1 July 2016, as attached in Appendix 4, for inclusion in the 2016/2017 Annual Plan.

h) Identifies the key highlights for the local area (to be agreed at the meeting).

Content

Background

4 The draft estimates for the Nightcaps Community Development Area Subcommittee for 2016/2017 have been based on forecasted information from year two of the LTP 2015-2025.

5 The objective of these estimates is to highlight variations from year two of the LTP and set rates for 2016/2017.

6 This report has the following appendices:

Appendix 1: This section is broken into rate types and includes a list of business units that make up the rate type and financial summary statement which shows the expenditure and income and rates calculation.

Appendix 2: A list of loans that are current and to be uplifted in the 2016/2017 year.

Appendix 3: A list of reserves with the opening balance and projected closing balance.

Appendix 4: A list of hall fees and charges for the 2016/2017 year.

Issues

7 The following table details the key variances from what was originally included in year two of the LTP and what is planned now:

Project Variances

Project Description	Annual Plan 2016/2017	LTP 2016/2017	Variance	Funding	Comments
Paint ceiling	-	$7,373	($7,373)	Loan	Project has been brought forward into current year.

Other Variances

Business Unit	Account	Annual Plan 2016/2017	LTP 2016/2017	Variance	Comments
Stormwater	loan interest	$5,116	-	$5,116	Loan for Dryfe street work originally unbudgeted happening in 2015/2016.
Stormwater	Repayments on loan	$1,678	-	$1,678
Stormwater	Reserves	$2,000	-	$2,000	Started to rate $2,000 to go to reserves every year as every 5 year it will cost $10,000 to do ditch cleaning and this will be funded by reserves.

Revaluations

8 Section 9(1) of the Rating Valuations Act 1998 requires Council to revise its District Valuation Roll at least every three years. Quotable Value Limited, Council’s valuer, are currently
re-valuing all rateable properties in Southland. Ratepayers will be notified in December of their proposed valuation and have until late January 2016 to lodge an objection. The final valuations will be provided to Council in February/March 2016, and these values will be the basis for the 2016/2017 rates strike.

9 Please note, any ‘rate in the dollar’ calculations included in this report are based on the current District Valuation Roll (ie September 2012 valuations) and will be subject to change as a result of the 2015 valuation. We anticipate that the draft 2016/2017 Annual Plan will also be prepared based on the September 2012 valuations.

Hall Fees and Charges

10 As part of the 2016/2017 Annual Plan process, Council are required to set all Council related fees and charges.

11 Council has a legislative requirement to publish all fees and charges imposed by Council or Council committees. This is achieved by way of Council’s annual Fees and Charges booklet. The Fees and Charges booklet is a single document where ratepayers and Council staff can locate all charges in one place for the relevant financial year. The Fees and Charges booklet Council is currently preparing is for the 2016/2017 year, and will take effect from 1 July 2016.

12 To assist with this process, we require you to advise of all your hall’s fees and charges for the year from 1 July 2016, and as such, we have included a recommendation to this effect in this report.

Stormwater Consenting Update

13 The Subcommittee will be aware from previous meetings that Council has discharge applications lodged with Environment Southland for a number of townships across the district. It is a requirement from Environment Southland that such discharges are consented in line with other authorities within the region.

14 Council staff have been in discussions with Environment Southland staff for some time to ensure that any conditions included within the consent are appropriate given the relatively small scale nature of the discharges and the impact these will therefore have on overall water quality.

15 Council staff have now received and are reviewing draft sets of conditions to understand the impact on individual townships. Initial impressions of the conditions are that they are largely favourable and reflect the discussions held around the nature and scale of the discharges. Some monitoring will be required but it is unlikely to be as onerous as previously indicated.

16 Once conditions have finally been agreed it will then be necessary to meet with submitters to determine if the conditions address their concerns. If all submitters are happy that their concerns are being addressed and agree to withdraw their submissions it is hoped that the consents can be issued without the need to go through a formal hearing process.

Factors to Consider

Legal and Statutory Requirements

17 The Annual Plan 2016/2017 is a requirement of the Local Government Act 2002 and is also closely aligned with the Local Government (2002) Rating Act.

Community Views

18 Significant or materially different variances from the LTP will be included in a consultation document and released for consultation from 30 January 2016 to 29 February 2016.
As a result of the submission process, amendments may be made prior to Council formally adopting the Annual Plan in June 2016.

Costs and Funding

19 All assumptions that were made when preparing the LTP have been applied in these estimates except the interest rate on borrowings. The interest rate on borrowings has been reduced from 6.25% per annum as per the 2015-2025 LTP, to 5.72% per annum to reflect the decline in market rates over the past year. This interest rate is based on the average BNZ three year fixed interest rate at the time of setting the LTP assumptions (August 2014) and now (October 2015). Please note, this interest rate is subject to confirmation by Council in December 2015, so could be subject to change. Interest on reserves has been calculated at 4.19% on the average of these balances at year end and is consistent with the
2015-2025 LTP. Inflation rates have also been kept consistent with BERL rates adopted in the 2015-2025 LTP.

Policy Implications

20 The LTP sets out the directions or outcomes the community desires and the activities of Council that will contribute to achieving these outcomes over 10 years. These estimates have been prepared using year two forecasted data in the LTP. Any differences between the LTP and Annual Plan budget have been identified and explained in the Issues Section of this report.

Analysis

Options Considered

21 The Engineer has reviewed the original LTP numbers and revised as necessary, the options are to accept the report or amend it.

Analysis of Options

Option 1 - Accept the estimates as proposed in this report

Advantages	Disadvantages
· Enables an Annual Plan to be compiled in advance within the set time frame.	· None.

Option 2 - Amend the estimates proposed in this report

Advantages

Disadvantages

· Further changes can be made to the LTP budgets.

· Rates requirement may need to be recalculated.

· May impact the delivery of the
Annual Plan within the set timeframe.

Assessment of Significance

22 The contents of this report is not deemed significant under the Significance and Engagement Policy.

Recommended Option

23 Option 1 to accept the estimates as proposed in this report is recommended.

Next Steps

24 The estimates will be summarised in Council’s Draft Annual Plan. Significant or materially different variances from the LTP will be included in a consultation document and released for consultation in February 2016. The final Annual Plan including changes made as a result of consultation will be adopted by Council in June 2016.

Attachments

There are no attachments for this report.

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.

C8.1 Public Excluded Minutes of the Lumsden Community Development Area Subcommittee Meeting dated 15 August 2016

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

Public Excluded Minutes of the Lumsden Community Development Area Subcommittee Meeting dated 15 August 2016

s48(1)(d) - Check to make report confidential.

That the exclusion of the public from the part of the meeting is necessary to enable the local authority to deliberate in private on its decision or recommendation.