Agenda of Lumsden Community Development Area Subcommittee

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Lumsden Community Development Area Subcommittee

OPEN MINUTES

Minutes of a meeting of Lumsden Community Development Area Subcommittee held in the SDC Office, Lumsden on Monday, 14 December 2015 at 6pm.

present

Chairperson	Robin Scott
Deputy Chairperson	Karen Blakemore
Members	Evan Hankey Gary Maclean
	Chris Palmer
	Colin Walker

Councillor	John Douglas

IN ATTENDANCE

Group Manager Policy and Community

Financial Accountant

Area Officer

Rex Capil

Shelley Dela Llana

Rose Knowles

Area Engineer

Community Development Planner, Venture Southland

Bruce Miller

Julie Russell

1 Apologies

There were no apologies received.

2 Leave of absence

There were no requests for leave of absence.

3 Conflict of Interest

There were no conflicts of interest 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 Member Hanks, seconded Member Walker

That the minutes of Lumsden Community Development Area Subcommittee meeting held on 19 October 2015, be confirmed.

Reports

7.1

Action Sheet Lumsden Community Development Area Subcommittee 14 December 2015

Record No: R/15/12/21938

The Action sheet was circulated for Members information.

Issues arising included the following;

The screen and projector are still to be sourced for the Memorial Hall.
The Lumsden Cemetery project quotes have been received and to be discussed under the Estimates report.
The Development and Financial Contribution Reserves are unable to be used for the Cemetery project.
The Lumsden Playground under 5 equipment to be discussed under the Estimates report.

7.2

Works and Finance Report to Lumsden Community Development Area Subcommittee for the period ended 31 October 2015

Record No: R/15/11/21360

The Works and Finance Report prepared by the Area Engineer, Mr Bruce Miller for the period ending 31 October 2015, was tabled.

Issues reported to the subcommittee included;

The clean-up day costs were $3,365.80; the subsidy has yet to be received.
The Anzac flags will be removed by Powernet.
Upgrade of the railway precinct.

Chairman Scott advised that the CDA members will have an informal meeting to discuss the advancement of the Railway project before the next meeting.

The subcommittee enquired if Council buildings have Public Liability Insurance.

Mrs S Dela Llana advised that Council have cover on indemnity for all amounts where Council becomes legally liable to pay.

Resolution

Moved Member Palmer, seconded Member Maclean

That the Lumsden Community Development Area Subcommittee:

a) Receives the report titled “Works and Finance Report to Lumsden Community Development Area Subcommittee for the period ended 31 October 2015” dated 9 December 2015.

7.3

Community Governance Report

Record No: R/15/11/19493

Report by Mr R Capil, (Group Manager), advising Council has committed to undertake a Community Governance Review Project to assist in preparation for the Representation Review scheduled for 2017, was tabled.

Mr Capil outlined the steps in the process completed to date and advised 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.

Mr Capil commented that an important process in developing this project is to ensure

that there is significant engagement during the project design and development stages

which will involve ensuring there is the opportunity for public participation throughout

the project development.

The subcommittee was advised a Staff Project Working Group and an Elected

Representative Working Group - including Councillors, Community Board and CDA representatives will be established and will operate for the duration of this project.

Furthermore 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 be completed by July 2016.

It was noted Community engagement is to be undertaken with local community

organisations and residents by way of public forums with the intent that this

engagement will be completed by July 2016.

Mr Capil advised 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 and it is intended a Representation Review is to be undertaken and

completed by June 2017.

In his report Mr Capil included a Paper entitled “Community Governance and Planning”,

which covered the following;

• Context

• Community Governance

• Civic Leadership

• Alignment to Community Planning

• Our Partners-Linking communities with partnering agencies

• Community Planning

• Framework – A wider perspective

• Purpose and Goal

• Next steps for consideration

• Process to Success – A path to the future

In summarising the paper, Mr Capil informed that the objective is to outline the

engagement process to develop the best approach going forward in relation to future representation in particular the lead up to the 2017 Representation Review so as to

ensure Council understands the needs of the community.

Resolution

Moved M Palmer, seconded Member Hankey

That the Lumsden Community Development Area Subcommittee:

a) Receives the report titled “Community Governance Report” dated 2 November 2015.

7.4

Annual Plan 2016/2017 - Draft Estimates Report

Record No: R/15/10/19462

Tabled before the subcommittee was a report which provided an overview of the forecasted services for the Lumsden Community Development Area Subcommittee in 2016/2017.

Staff advised that;

1.0 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.

3 2.0 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.

The subcommittee noted the local rate for 2016/17 is proposed for a 8.30% increase.

The subcommittee discussed the proposed drainage project for the Lumsden Cemetery and recommended the Area Engineer accept the quote from Southroads for $5,960 to install coil and sump at the Cemetery before winter. Expenditure of the project to be from the Stormwater Reserve.

The subcommittee agreed for the kerb and channelling of the entrance to the Cemetery project to be increased to $46,000, with expenditure from reserves.

The subcommittee agreed for the Lumsden Playground under five play equipment to be discussed at a later date.

Issues of note that were drawn to the attention of the subcommittee included projects which outlined key variances from what was originally included in Year Two of the Long Term Plan and what is planned now. These key variances are;

1 Project Variances

Project

Description

Annual Plan 2016/2017

LTP

2016/201

Variance

Funding

Comments

Improve cemetery driveway

$20,000

Reserves

New project requested by Subcommittee.

2 Other Variances

Business Unit	Account	Annual Plan 2016/2017	LTP 2016/2017	Variance	Comments
Operating Costs	General Projects	$2,000	$1,230	$770	Increased but funded by reserves to keep rates down.
Refuse Collection	Street litter bins	$16,500	$14,350	$2,150	Increase in contract price and additional collections required over the festive season.
Cemetery	Mowing	$6,000	$5,354	$646	Increase in contract price.
Recreation Reserve	Insurance	$1,574	$330	$1,244	Change in level of insurance coverage, from indemnity to full replacement.
Information Centre	Insurance	$1,262	$515	$747	Change in level of insurance coverage, from indemnity to full replacement.

Resolution

Moved Member Maclean, seconded Member Palmer

That the Lumsden Community Development Area Subcommittee:

a) Receives the report titled “Annual Plan 2016/2017 - Draft Estimates Report” dated 7 December 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.

d) Approves variations in the CDA estimates from Year Two of the Long Term Plan as outlined in the report tabled.

e) Adopts the Estimates for the year commencing 1 July 2016 for inclusion in the Council’s Draft Annual Plan, subject to the increase of the Cemetery driveway project to $46,000, with the expenditure from reserves.

f) Requests the levying 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)

Lumsden CDA Rate $107,050

Lumsden Hall Rate $11,801

g) Approves the hall fees and charges (including GST) for the year commencing 1 July 2016 as outlined in the report, for inclusion in the 2016/2017 Annual Plan, subject to the amendment of all day hire to $69.00 and all day and night hire to $115.00.

h) Identifies the key highlights for 2016/2017 as follows;

· Railway Heritage upgrade

· kerb and Channelling the Cemetery entranceway

Chairman Scott left the meeting 7.25pm.

Deputy Chairperson Karen Blakemore chaired the meeting from this point.

8.0 Updates

8.1 Chairperson’s Report

The Chairman, Rob Scott, left the meeting due to other commitments, hence no report.

8.2 Other Reports

Member Palmer advised that the plumbing issues at the former railway station have been dealt with and that there is a community flat vacant.

8.2 Councillor’s Report

Councillor Douglas reported on matters from the District Council table. These included;

· Serpentine Quarry Resource Consent meeting

· Te Anau Wastewater Peer review meeting

· Roading Issues Workshop

· Cycle trail update

· Down River Dash Bike Race

The meeting concluded at 7.40pm CONFIRMED AS A TRUE AND CORRECT RECORD AT A MEETING OF THE Lumsden Community Development Area Subcommittee HELD ON 14 DECEMBER 2015

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

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

Activity	Project	Type	Year	Budget	Status	Officer’s Comments
Community Centres	Exterior repaint	MAINT PLAN	1516	$19,000.00	Design	Meeting being arranged at site to identify the scope.
Roading and Transport	Footpath replacement	LOS	1516	$68,000.00	Design	MWH are designing plans for Meadow Street.
Sewerage	Install guide rails to pump station	LOS	1516	$40,000.00	Construction	Project being fabricated off-site.
Sewerage	New manhole at pump station	LOS	1516	$24,000.00	Investigation	Awaiting test run on alternative mythology to establish if this system will work. Possibility that this work will not be required.
Sewerage	Pumps	REN	1516	$8,763.00	Completed	Work completed.
Stormwater	Investigation studies in relation to reticulation renewal	LOS	1516	$20,000.00	Investigation	Area of concern being established in conjunction with Area Engineer.

Lumsden Community Development Area Subcommittee

15 February 2016

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Lumsden Cemetery Grazing

Record No: R/15/12/22909

Author: Virginia Dillon, Property Officer

Approved by: Ian Marshall, GM - Services and Assets

☒ Decision ☐ Recommendation ☐ Information

Purpose

1 The purpose of the report is to deal with the issue of grazing of part of the Lumsden cemetery.

Executive Summary

2 The licence to occupy part of the Lumsden cemetery for grazing expired on 31 December 2015.

3 It is proposed that a new licence be issued to the licensee named in the recently expired licence, Mr Russell Woolhouse at a slightly increased rental.

Recommendation

That the Lumsden Community Development Area Subcommittee:

a) Receives the report titled “Lumsden Cemetery Grazing” dated 5 February 2016.

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

d) Determines that a licence to occupy part of the Lumsden cemetery described as part of Section 241B, Block V, Hokonui Survey District be issued to Russell Edward Woolhouse for a term of five years from 1 January 2016 at an annual rental of $250 plus GST.

Content

Background

4 Mr Russell Woolhouse first entered into an agreement with Council in January 1990 to graze sheep and deer on part of the Lumsden Cemetery. The current tenancy expired on 31 December 2015.

5 The area of land grazed comprises 1.08 hectares of the total 2.0234 hectares cemetery land. The land is legally described as part of Section 241B, Block V, Hokonui Survey District and the land is classified as a Local Purpose (Cemetery).

6 Mr Woolhouse is still an adjoining land owner to the cemetery and is grazing stock on the land - the family of Mr Woolhouse has indicated that he would like to continue this arrangement.

7 Mr Woolhouse pays an annual rental of $200 plus GST (an amount he has paid since 2011).

Mr Woolhouse’s daughter has advised verbally that it would be appreciated if the annual rental remained at $200 plus GST however will understand if it is increased to the amount suggested ($250 plus GST per annum).

Issues

8 No issues are identified.

Factors to Consider

Legal and Statutory Requirements

9 The draft licence is attached.

10 Clauses to note are:

1. Grazing of sheep and deer only.

4. Licensee to use and manage land in good manner.

5. Licensee to keep land free of gorse, broom, noxious plants, rabbits and other vermin.

9. Licensee to erect and maintain boundary fences.

Community Views

11 The views of the Lumsden CDA Subcommittee are deemed to represent those of the community.

Costs and Funding

12 There is no direct cost to the Subcommittee in entering into a licence to occupy.

13 Continued grazing of the land not required for burials reduces the maintenance costs to the Subcommittee.

Policy Implications

14 No policy implications.

Analysis

Options Considered

15 The options to consider are whether to leave the rental as is or whether to increase it.

Analysis of Options

Option - Offer new licence to Mr Woolhouse and leave rent as is

Advantages	Disadvantages
· Having stock grazed on the land is an advantage to the Subcommittee as the costs to maintain the land are reduced.	· None identified.

Option 2 – Issue a new licence to Mr Woolhouse at increase rental

Advantages	Disadvantages
· Similar rental charged for grazing of other cemeteries.	· If Mr Woolhouse changes his mind about entering into a further licence the Subcommittee would have to look at other options (or licensees) for maintenance of the land.

Assessment of Significance

16 None identified.

Recommended Option

17 The Officer recommends the adoption of Option 2.

Next Steps

18 Licence documentation to be signed.

Attachments

a Licence to Occupy part Lumsden Cemetery for Grazing - Russell Edward Woolhouse View

Lumsden Community Development Area Subcommittee

15 February 2016

LICENCE TO OCCUPY - PART LUMSDEN CEMETERY

Whereas the SOUTHLAND DISTRICT COUNCIL, a body corporate under the Local Government Act 2002 (hereinafter together with its successors and assigns called "the Licensor") authorised a licence to be issued to RUSSELL EDWARD WOOLHOUSE of Lumsden (hereinafter referred to as the "Licensee") over all that area containing 1.08 hectares more or less and being part of Section 241B, Block V, Hokonui Survey District, as the same is more particularly delineated on the plan attached hereto and thereon outlined in bold black lines and marked "Licence Area".

NOW THEREFORE the Licensor doth hereby licence and authorise the Licensee to occupy the land described herein for a term of five years commencing on the 1st day of January 2016.

SUBJECT to the annual rent of $250 (two hundred and fifty) dollars plus GST payable in advance on the 1st day of January in each and every year.

AND SUBJECT ALSO to the following conditions, viz:

1. The Licensee shall use the land solely for the grazing of sheep and deer.

2. The Licensee shall not at any time during the said term assign, sublet, mortgage or otherwise dispose of his interest or any part thereof in the licence without the written consent of the Licensor.

3. The Licensee is liable to pay rates and any other charges which may be lawfully imposed on him as occupier of the said land.

4. The Licensee will use and manage the said land in a good and husbandlike manner and not impoverish or waste the soil thereof.

5. The Licensee will to the satisfaction of the Licensor keep the said land clear from gorse, broom, and all noxious plants, rabbits and other vermin.

6. The Licensee will not break up or crop any part of the said land, nor cut down any trees or brush, without the prior written consent of the Licensor.

7. The Licensee will not do or permit or suffer anything to be done in or upon the land and any buildings thereon or any part or parts thereof which may be or become a nuisance or annoyance or cause damage or inconvenience to the Licensor or to the owners or occupiers of any neighbouring land or premises.

8. The Licensee will throughout the term of this licence to the satisfaction of the administering body cut and trim all live fences and hedges upon the land and keep clean and clear from weeds and keep open all creeks drains ditches and watercourses which may be constructed after the commencement of the term of this licence.

Provided that if there is any breach of this covenant the administering body may do any work necessary to remedy the breach and charge the Licensee the reasonable cost of the work.

9. The Licensee shall erect and maintain all boundary fences and shall assume all the obligations that may be imposed on the administering body by operation of law in regard to fencing on the land or along the boundaries.

10. The Licensee shall remove all subdivisional fencing at the expiration or sooner determination of the term hereof.

11. The Licensee will not erect any buildings on the said land without the prior written consent of the Licensor.

12. The Licensee will at all times during the term keep all buildings, fences, gates, enclosures and other structures and improvements now erected or made or which may hereinafter be erected or made on the land or on the boundaries thereof in good repair order and condition and subject to the provisions of Clause 10 yield up the same at the expiration or sooner determination of the said term.

13. That in the event of the Licensee wishing to surrender this Licence during the currency of the term such surrender may be accepted by the Licensor on such condition as the Licensor may deem appropriate, including a condition that the Licensee shall be required to bear and pay any local body rates payable under the Licence from the date of acceptance of the surrender until the date at which the Licence would have expired had surrender not been accepted or the end of the rating period, whichever is the sooner.

14. Nothing contained or implied in these Conditions of Licence shall be deemed to confer on the Licensee the right to acquire the fee simple of the said land.

15. The Licensee shall permit any person or persons appointed by the administering body to inspect the land and all buildings erections and installations and the Licensee will immediately comply with all directions from the administering body in regard to any matter whatsoever.

16. All or any of the powers and functions exercisable by the Licensor under these presents may from time to time be exercised by the Chief Executive of the Licensor or by any person authorised in that behalf by the Chief Executive.

17. In the event of a breach of any of the conditions of this Licence, this Licence may be determined at any time by the Licensor in respect of the whole or any portion of the land upon the Licensor giving to the Licensee one calendar month notice in writing of his intention so to determine this licence.

18. Upon the expiration or sooner determination of this Licence either as to the whole or any part of the said land the Licensee shall not be entitled to compensation for any improvements effected by him but he may within such time as the Licensor shall determine remove all buildings, enclosures, fencing, or other improvements effected or purchased by him and should this Licence be determined as to part of the said land then the Licensor shall make such adjustment to the rent payable as he shall in his discretion deem fit and proper.

19. The licensee if grazing any stock near any water body as defined by the Resource Management Act 1991 shall fully comply with the relevant provisions of that Act, the District Plan and any regional plan.

IN WITNESS WHEREOF THESE PRESENTS HAVE BEEN EXECUTED BY THE PARTIES HERETO THE DAY AND YEAR FIRST ABOVE-WRITTEN.

THE COMMON SEAL of the SOUTHLAND DISTRICT COUNCIL as Licensor was hereunto affixed in the presence of:




MAYOR


CHIEF EXECUTIVE





SIGNED by the abovenamed RUSSELL EDWARD WOOLHOUSE as Licensee in the presence of:




Witness:


Occupation


Address

Sewerage	$29,193
Water	$42,301