Agenda of Sport and Recreation Committee

PALMERSTON NORTH CITY COUNCIL

Extraordinary Sport and Recreation Committee MEETING

16 September 2019

MEETING NOTICE

Pursuant to Clause 21 of Schedule 7 of the Local Government Act 2002, I hereby requisition an extraordinary meeting of the Council to be held at 9.00am on Monday, 16 September 2019 in the Council Chamber, first floor, Civic Administration Building, 32 The Square, Palmerston North, to consider the business stated below.

CHAIRPERSON

Order of Business

NOTE: The Extraordinary Sport and Recreation Committee meeting coincides with the ordinary meeting of the Finance and Performance Committee meeting. The Committees will conduct business in the following order:

- Finance and Performance Committee

- Sport and Recreation Committee

1. Apologies

2. Notification of Additional Items

Pursuant to Sections 46A(7) and 46A(7A) of the Local Government Official Information and Meetings Act 1987, to receive the Chairperson’s explanation that specified item(s), which do not appear on the Agenda of this meeting and/or the meeting to be held with the public excluded, will be discussed.

Any additions in accordance with Section 46A(7) must be approved by resolution with an explanation as to why they cannot be delayed until a future meeting.

Any additions in accordance with Section 46A(7A) may be received or referred to a subsequent meeting for further discussion. No resolution, decision or recommendation can be made in respect of a minor item.

3. Declarations of Interest (if any)

Members are reminded of their duty to give a general notice of any interest of items to be considered on this agenda and the need to declare these interests.

4. Public Comment

To receive comments from members of the public on matters specified on this Agenda or, if time permits, on other Committee matters.

(NOTE: If the Committee wishes to consider or discuss any issue raised that is not specified on the Agenda, other than to receive the comment made or refer it to the Chief Executive, then a resolution will need to be made in accordance with clause 2 above.)

5. Presentation - Palmerston North Boys High School Page 7

6. Deputation - Ashhurst Scout Group Page 9

7. Confirmation of Minutes Page 57

“That the minutes of the extraordinary Sport and Recreation Committee meeting of 26 August 2019 Part I Public be confirmed as a true and correct record.”

8. Sport Manawatū twelve month report (1 July 2018 to 30 June 2019) to Palmerston North City Council Page 61

Memorandum, presented by Julie Macdonald - Policy & Strategy Manager.

9. Hokowhitu Lagoon Water Quality - Investigation and Monitoring Plan - Project Progress Report Page 145

Memorandum, presented by Robert van Bentum, Manager - Transport and Infrastructure.

10. Additional Information - Protential Lease of 51 Amberley Avenue Page 155

Memorandum, presented by Bryce Hosking - Manager - Property.

11. Ashhurst Domain - Function Centre lease proposal Page 167

Report, presented by Aaron Phillips, Senior Parks Planner.

12. Committee Work Schedule Page 189

13. Exclusion of Public

To be moved:

“That the public be excluded from the following parts of the proceedings of this meeting listed in the table below.

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 passing this resolution
14.	Artificial football turf - Financial Assessment	Third Party Commercial	s7(2)(b)(ii)

This resolution is made in reliance on Section 48(1)(a) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by Section 6 or Section 7 of that Act which would be prejudiced by the holding of the whole or the relevant part of the proceedings of the meeting in public as stated in the above table.

Also that the persons listed below be permitted to remain after the public has been excluded for the reasons stated.

Chief Executive (Heather Shotter), Chief Financial Officer (Grant Elliott), Chief Infrastructure Officer (Tom Williams), General Manager – Strategy and Planning (Sheryl Bryant), General Manager - Community (Debbie Duncan), Chief Customer and Operating Officer (Chris Dyhrberg), General Manager - Marketing and Communications (Sacha Haskell), Sandra King (Executive Officer) because of their knowledge and ability to provide the meeting with advice on matters both from an organisation-wide context (being members of the Council’s Executive Leadership Team) and also from their specific role within the Council.

Legal Counsel (John Annabell), because of his knowledge and ability to provide the meeting with legal and procedural advice.

Democracy Administrators (Carly Chang, Courtney Kibby, Natalya Kushnirenko, and Penny Odell), because of their knowledge and ability to provide the meeting with procedural advice and record the proceedings of the meeting.

Policy and Strategy Manager (Julie Macdonald), Policy Analyst (Ann-Marie Mori), Senior Parks Planner (Aaron Phillips) because of their knowledge and ability to assist the meeting in speaking to their report and answering questions, noting that such officer will be present at the meeting only for the item that relate to their respective report.

Consultant (Richard Lindsay) because of their knowledge and ability to assist the meeting in speaking to their report/s and answering questions, noting that such person/s will be present at the meeting only for the items that relate to their respective report.

PALMERSTON NORTH CITY COUNCIL

Memorandum

TO: Sport and Recreation Committee

MEETING DATE: 16 September 2019

TITLE: Sport Manawatū twelve month report (1 July 2018 to 30 June 2019) to Palmerston North City Council

PRESENTED BY: Julie Macdonald - Policy & Strategy Manager

APPROVED BY: Sheryl Bryant, General Manager - Strategy & Planning

RECOMMENDATION(S) TO Council

1. That the Committee receive the memorandum entitled ‘Sport Manawatū twelve month report (1 July 2018 to 30 June 2019) to Palmerston North City Council’.

1. ISSUE

1.1 Attachment 1 is the twelve-month report outlining progress on contract outcomes under Sport Manawatū’s fee for service contract with the Council. The report covers the period from 1 July 2018 to 30 June 2019. Six and twelve-month reports are required under the contract. Attachment 2 provides officer comments on the reported outcomes. Audited accounts are attached as Attachment 3.

1.2 Sport Manawatū is an independent charitable trust and receives multiple and diverse sources of funding, including from Sport New Zealand, the Palmerston North City Council (approximately 20% of its total revenue) and other councils in the region, the MidCentral District Health Board, and community trusts. As a result, it must work towards meeting several different outcomes across its activities. The Sport Manawatū report, therefore, describes activities that aren’t necessarily solely funded through Council’s service contract.

1.3 This is the final report under the three-year fee for service contract. A new funding agreement and strategic partnership plan with new outcomes has recently been entered between Sport Manawatū and the Council.

2. Background

2.1 Council has funded Sport Manawatū since the early 1990s. Over time the grant has increased as services were added, including strategic plan implementation, event support, and active transport promotion. Changes in the level of grant funding have reflected organisational changes by Council (such as fluctuations in in-house versus outsourced delivery models) as well as Council policy changes (e.g. changes to community outcomes and the community funding policy).

2.2 More recently, Sport Manawatū was contracted following the 2015 ‘fee for service’ round and has just concluded the final year of a three-year (2016-19) contract with Council. Funding to Sport Manawatū to deliver sport and recreation services was removed from the contestable ‘fee for service’ process (now known as strategic priorities grants) as part of the adoption of the new Community Funding Policy (2018).

2.3 The fee for service contract required reporting against the following outcomes:

1. People are more active, more often.

2. The Councils (PNCC and MDC) are able to work collaboratively with Sport Manawatū to help achieve the Council’s strategic aspirations.

3. The sport sector is able to build its capacity and capability whilst becoming more self-sustaining.

4. The sport sector has access to up-to-date, specialist, relevant, information and advice.

5. Arena Manawatū is the City hub for indoor community sport.

6. Manawatū is the best place in New Zealand to ride a bike.

7. Palmerston North has an excellent reputation for hosting national sports events.

8. There is a joined-up programme of community and high-performance cycling events in the Manawatū.

2.4 These outcomes form the basis of reporting for the last twelve-month report under the fee for service contract.

3. TWELVE MONTH REPORT HIGHLIGHTS

3.1 Sport Manawatū’s highlights are detailed in its report (attachment 1) and include:

· Palmerston North-based sports clubs and partners received a total of $159,622 of KiwiSport funding.

· A total of $8,952 has been allocated from the Active Communities Fund for a range of activities, such as supporting opportunities for women organised through the Manawatū Multicultural Council and a boxing initiative for youth.

· Sport Manawatū has collaborated with Council on a variety of projects such as the implementation of the Palmerston North Roads and Streets Framework (RASF), and the development of the Council’s Urban Cycle Network Masterplan; Sport Manawatū is currently playing a key role in progressing discussions about rationalisation of some of the City’s bowling clubs.

· Seven hundred students participated in the NZTA grade one cycle skills (basic cycling), and 490 students received tuition in grade two cycle skills (on-road instruction) through Sport Manawatū.

· Palmerston North hosted a total of 16 national level sporting events, 11 of which were national secondary school aged fixtures.

· Eleven major national and community sporting events were held at Central Energy Trust Arena during the last 12 months.

· The distribution of Sports Event Partnership Funding to support the delivery of sporting events contributed an estimated $11,007,989 to the City’s economy.

3.2 An additional service that was added to the contract in the 2018/19 year was the administration of the Active Community Fund of $10,000 (refer 10-year plan programme #1424). As described above, Sport Manawatū has begun to distribute these funds to reduce barriers to participation for people on low incomes.

3.3 Sport Manawatū was also allocated an additional $42,000 of ‘Tranche 2 ACC funding’ investment that Council received to deliver the national cycle skills education programme called ‘Bike Ready’. Future Bike Ready funding is dependent on Sport Manawatū meeting the targets for participant numbers, and other funder requirements, outlined in the new agreement.

3.4 Officer comments on the Sport Manawatū outcomes, example outputs, and measures of success are included in attachment 2.

4. NEW FUNDING AGREEMENT and strateGIC partnersHip plan

4.1 A new funding agreement was entered between Sport Manawatū and the Council in July 2019. A strategic partnership plan forms part of this agreement and includes a new set of outcomes aligned to Council’s strategic direction, particularly as expressed in the Active Community, Active and Public Transport, Events and Festivals and Economic Development Plans.

4.2 The new agreed outcomes (from June 2019) are:

1. Palmerston North has the most active community in NZ.

2. People have the skills to safely and confidently cycle, and walk, on our active transport network and system (roads, footpaths, shared paths, cycleways).

3. Everyone is encouraged to be active by playing and being active in sport and recreation facilities (places and spaces) across our City.

4. Sports and community sport events create social and participation opportunities as well as economic benefits.

The new outcomes will guide future activities and reporting by Sport Manawatū. It should be noted that many of the outcomes in the previous contract are still relevant, and will guide work plans, but have been incorporated within the broader context of the above outcomes.

4.3 Key changes that were agreed through the new funding agreement and strategic partnership plan include:

· Identification of respective organisational strategic context and priorities.

· Clarification of organisational responsibilities for reporting strategic measures of success.

· A relationship map that identifies key staff contacts for the different activities covered under the agreement.

· Clear expectations for Bike Ready delivery and expected outcomes (e.g. delivery numbers receiving cycle skills education).

· Indicative grant allocation (in terms of percentage of grant funds) to be applied across the four outcomes.

· Identification of how the two funds that Sport Manawatū allocates on Council’s behalf (Sports Event Partnership and Active Community funds) relate to the outcomes.

· Identification of the conditions required for any additional grant funding from Council for the Bike Ready programme and for the co-ordination of the implementation of the Manawatū-Whanganui Region Sport Facility Plan.

4.4 From this year, allocation of the Sports Event Partnership Fund (SEPF) will be jointly made through an assessment panel comprising Council, Sport Manawatū and CEDA staff. This change has been made to achieve better decision-making about that allocation of funding towards sports events through the SEPF and the major events fund.

5. CONCLUSION

5.1 The relationship between the Council and Sport Manawatū is long-established. Sport Manawatū provides a wide range of sport and recreation services to Palmerston North, and the wider regional community, under its organisational aspiration that ‘everyone is active everyday’. Its twelve-month report to 30 June 2019 provides a thorough review of activities that support the wide range of outcomes Council seeks for the community.

5.2 This is the last report made under the fee of service contract arrangement. Future reports will cover activities under the new outcomes set in the funding agreement and strategic partnership plan.

6. Compliance and administration

Does the Committee have delegated authority to decide? If Yes quote relevant clause(s) from Delegations Manual clause 166	Yes
Are the decisions significant?	No
If they are significant do they affect land or a body of water?	No
Can this decision only be made through a 10 Year Plan?	No
Does this decision require consultation through the Special Consultative procedure?	No
Is there funding in the current Annual Plan for these actions?	Yes
Are the recommendations inconsistent with any of Council’s policies or plans?	No

The recommendations contribute to Goal 2: A creative and exciting city
The recommended option contributes to the outcomes of the Creative and Liveable Strategy
The recommended option contributes to the achievement of action/actions in the Active Community Plan The action is: Contract Sport Manawatū to deliver sport and recreation services to meet a number of community outcomes sought by Council
Contribution to strategic contribution	A strong working relationship with Sport Manawatū is essential in meeting a range of strategic outcomes sought by the Council. The delivery of actions, priorities and outcomes in the Active Community Plan requires close collaboration with Sport Manawatū who are well-positioned in the community to deliver relevant services. The new funding agreement and strategic partnership plan will assist future services and activities to be delivered to the community including contributing to a range of actions in the Active Community, Active and Public Transport, Events and Festivals and the Economic Development Plans.

Attachments

1.	Sport Manawatū 2018-19 12 month report ⇩
2.	Officer comments on contracted outcomes for 2018/19 year ⇩
3.	Financial Statements ⇩

PALMERSTON NORTH CITY COUNCIL

Memorandum

TO: Sport and Recreation Committee

MEETING DATE: 16 September 2019

TITLE: Hokowhitu Lagoon Water Quality - Investigation and Monitoring Plan - Project Progress Report

Presented By: Robert van Bentum, Manager - Transport and Infrastructure

APPROVED BY: Tom Williams, Chief Infrastructure Officer

RECOMMENDATION(S) TO Council

1. That Council receive the report titled “Hokowhitu Lagoon Water Quality – Investigation and Monitoring Plan – Progress Report”, noting the progress made and the further work scheduled to be undertaken in the 2019-20 Financial Year.

1. ISSUE

1.1 In June 2018, following several reported incidents of recreational users of Hokowhitu Lagoon becoming sick, follow-up monitoring of the lagoon waters confirmed elevated levels of a range of bacterial species. Council Officers subsequently committed to a series of actions to respond to the contamination risks. In addition to upgrading signage at the lagoon to advise users of the health risks of contact recreation, and development of a Health Risk Management Plan, Officers agreed to advance a coordinated investigation and monitoring programme. The aim of the work was to identify significant sources of contamination and identify any cost- effective options for reducing or mitigating the negative effects on lagoon water quality.

1.2 The Sport and Recreation Committee at its September 2018 meeting endorsed the proposed approach and actions and requested a report back to the Committee in 2019. This report is the first in a series of planned annual reports on progress made with the investigation and monitoring work being undertaken.

2. BACKGROUND

2.1 As previously reported in September 2018, the Hokowhitu Lagoon is one of several remnant water bodies within the city boundaries which were previous alignments of the Manawatu River. Like many of these bodies they have been significantly modified over the period of development of the city. Private properties have been constructed right up to the water’s edge with landscaped gardens developed along much of the western fringe. The eastern fringe of the Lagoon is public park with significant numbers of water fowl including ducks, geese and swans. Public users of the park include large numbers of dog walkers.

2.2 The Hokowhitu Lagoon is estimated to be the receiving environment for approximately 275 ha of urban land (refer figure 1 below). Council asset management system records 14 separate stormwater discharges ranging from individual road sumps, and property level connections to extensive stormwater networks extending into the Hokowhitu residential area. Figure 2 indicates the approximate location of the various point discharges.

Figure 1 – Plan of the Approximate Catchment Draining to Hokowhitu Lagoon

Figure 2 - Existing Stormwater Discharge Locations to Hokowhitu Lagoon.

2.3 Through stormwater discharges from the network, the lagoon is receiving significant quantities of urban pollutants including oils, sediments and metal contaminants on the roads as well as litter and organic material via roofs, property hard stand areas as well as berms and footpaths. Significant quantities of animal faeces, plant organic matter and soil is also being entrained in the stormwater. There is also likely to be some wastewater entering the stormwater network from leaking and faulty wastewater networks.

3. Assessment and Monitoring Plan / Programme

3.1 Council Officers working with consultants GHD formulated an assessment and monitoring plan which includes the following key components:

· Network investigations including CCTV inspections of a priority sections of the stormwater network discharging to the lagoon

· Intensive monitoring and testing of the stormwater discharges to the lagoon

4. network investigation Work

4.1 As part of the on-going annual CCTV inspection programme undertaken by Council of its buried stormwater and sewer network several stormwater pipes discharging to the Hokowhitu Lagoon catchment were included in the 2018 programme of work (refer figure 3 below). CCTV inspection of the stormwater network will be continued over the next 2-3 years with priority for inspection given to those networks which run close to sewer pipelines and wherever there is evidence of structural or performance defects. The objective of this work is to identify any significant defect and any potential cross-connections between the sewer and stormwater networks.

Figure 3 - CCTV Inspection Completed in 2018

5. water quality monitoring

5.1 The monitoring undertaken by Horizon Regional Council as part of its “Safe Swim Spots” regional monitoring programme although helpful was insufficient to identify the source of contamination and therefore possible interventions or mitigation options, given the monitoring was carried out at only two locations at weekly intervals from November to April during the “bathing season”.

5.2 In June 2018, Officers engaged consultants GHD to help develop a more comprehensive and robust monitoring approach sufficient to identify the likely source and severity of contamination. The monitoring plan provides for sampling of stormwater at 20 locations within the lagoon both prior to, during and following major rain events. Baseline monthly monitoring will be undertaken for a minimum period of 6 months and storm event monitoring for a period long enough to provide a meaningful and statistically significant data set.

5.3 The proposed sampling locations and frequency required to provide adequate data to robustly determine microbial levels are depicted in Figure 4 and Table 1. The number of sampling locations will be gradually reduced over time as the data enables the sources of significant contamination to be refined.

Figure 4 - Proposed Locations for Long Term Monitoring Plan

Table 1. Proposed Long-Term Monitoring Plan

5.4 The frequency of sampling for each monitoring category is further explained below:

· Baseline monitoring: To occur on a monthly basis and to be taken when there is no residual effect of the previous storm, 3 to 5 dry days

· Storm event monitoring: To occur during rainfall events greater than 2.5mm/day, possibly to reflect different depths to reflect the local annual rainfall distribution the first flush (first 30 minutes to 1 hour of the storm event) mid-stream (to be completed approximately > 1 hour after the first flush sampling)

· Post storm monitoring: 24 hours after the occurrence of the storm event

5.5 Council is discussing with staff from the Public Health Unit at the District Health Board and Horizons Regional Council the option of extending recreational monitoring to cover the full year given the lagoon is utilised by the canoe club all year. Year round monitoring will provide useful additional data to that being collected by Council.

6. Findings / progress to date

6.1 The first baseline sampling was undertaken on 25^th July at the 6 identified locations depicted in Figure 4. This sampling will be repeated monthly. Low levels of E-coli bacteria were identified in this initial sampling but at levels below the 550 MPN/100ml trigger level.

6.2 The storm event and post storm event sampling have yet to be started as Officers are working through options to engage the required resourcing to undertake sampling of stormwater at 20 locations within one hour of a storm event. It is likely that a combination of Council and contracted staff will be required to complete the sampling.

6.3 Weekly bathing water quality sampling undertaken by Horizons Regional Council between November 2018 and April 2019 indicate approximately 25% of the samples had levels of E coli bacteria which exceeded the trigger level. No specific conclusions can be drawn from the sampling. The highest measured level of E coli bacteria of 4100MPN/100mL was measured in February 2019:

Table 2. Summary of E. Coli Exceedances of 550 MPN/100ml

Season	Test site	% of tests above 550 MPN/100ml
2015/16	Chalet	38%
2016/17	Chalet	56%
2016/17	Walk bridge	27%
2017/18	Walk bridge	24%
2018	Walk bridge	25%
2019	Walk bridge	18%

7. wider initiatives contributing to Improving Hokowhitu lagoon water quality and health

7.1 Since the September 2018 report, progress has been made by Council in combination with several developers to advance planning and design of projects and initiatives with the objective of improving the quality of stormwater discharges to the lagoon. The specific initiatives and the potential effect on water quality are briefly described below.

7.1.1 Bore Water Replenishment System. Implementation of a bore water replenishment system to enable the Hokowhitu lagoon ground and surface water inflows to be supplemented with pumped shallow groundwater particularly during the summer period. This is likely to encourage flushing of nutrient and other contaminants during lagoon low water inflow periods contributing to improvements in water quality.

7.1.2 Stage1 – Centennial Development. Stage 1 of the residential sub-division development of the Hokowhitu campus has been approved with construction scheduled to begin soon. The development includes provision for in-street rain gardens which will treat the majority of the first flush of stormwater from the roads and private properties prior to discharge to the lagoon.

7.1.3 Lake Edge Refurbishment: Council has initiated work on upgrading the eastern lake edge to replace the failing timber retaining wall with more natural landscaped edges that provide a degree of treatment. This has the potential to intercept and capture some of the overland flow which entrains animal faecal material and sediment.

7.1.4 Stirling Crescent and Albert Street Capital Upgrade: Council has initiated work on an upgrade to stormwater drainage in the eastern part of the Hokowhitu Lagoon catchment that will include servicing new residential development off Ashford Ave and address flooding issues in upper Albert Street. The new residential development includes in-street stormwater rain gardens to treat stormwater and it is proposed to incorporate a treatment wetland at the end of the new pipeline prior to discharge to the lagoon. The project is in the early design and consultation phase with active involvement of Rangitane and Horizons given it will require a discharge consent. The treatment provisions will remove a significant proportion of the contaminants and model a new vision for managing stormwater in the city.

8. Programme Focus for 2019/20

8.1 Once the necessary resources have been confirmed, Officers from the Activity and Investigations team will assist external contractors with sampling of specific stormwater events. It is also proposed to extend the baseline monitoring to include all 20 sampling locations. This will enable identification of any contamination occurring outside rain events during dry weather periods.

8.2 CCTV inspection of additional parts of the stormwater network will be programmed with a specific focus on areas where the stormwater network is near to either the Council or private sewer network, to identify any potential cross-connect between the networks.

8.3 It is also proposed to identify selected upstream stormwater manholes in the larger sub-catchments most likely at selected intersections in Albert Street and Centennial Drive for sampling. Sampling at upstream manholes will assist with identifying and isolating smaller sub-catchments with significant levels of contamination.

9. SUMMARY

9.1 Identifying and eliminating the source of significant contamination of stormwater discharging to the lagoon is problematic given the size of the catchment, the variety and number of potential contaminant sources and the complexity of the network. Achieving any measurable improvement will require significant effort over an extended period of time.

9.2 Council has developed a two-pronged approach to investigating and identifying potential sources of contamination to the Hokowhitu Lagoon comprising CCTV inspections of the priority catchments and a robust stormwater monitoring plan, which includes extensive sampling and testing of baseline, storm event and post-event stormwater.

9.3 The inspection and monitoring work has only just been started so as yet there are no specific findings or conclusions around the specific source of the contamination and whether there is any practical mitigation. The CCTV inspection work has identified some minor network faults but nothing which might be directly leading to the contamination occurring in the lagoon.

9.4 Council is undertaking capital improvement work to the lagoon banks and has implemented a groundwater recharge facility designed to maintain lagoon water levels during the summer. Both of these initiatives coupled with investment in stormwater treatment in subdivision development which is discharging stormwater to the lagoon, are expected to contribute to measurable improvements in water quality over time.

9.5 The aim over time is to better understand the stormwater network and potential sources of contamination with a view to determining a range of cost effective and targeted interventions to significantly reduce contaminant levels and risks for lagoon users.

10. Compliance and administration

Does the Committee have delegated authority to decide? If Yes quote relevant clause(s) from Delegations Manual <Enter clause>		No
Are the decisions significant?		No
If they are significant do they affect land or a body of water?		No
Can this decision only be made through a 10 Year Plan?		No
Does this decision require consultation through the Special Consultative procedure?		No
Is there funding in the current Annual Plan for these actions?		Yes
Are the recommendations inconsistent with any of Council’s policies or plans?		No
The recommendations contribute to Goal 2: A Creative and Exciting City
The recommendations contribute to the outcomes of the Creative and Liveable Strategy
The recommendations contribute to the achievement of action/actions in the Active Community Plan The action is: Provide and maintain city reserves, neighbourhood reserves, playgrounds, sports field, Central Energy Trust Arena Manawatu, aquatic facilities, walkways, shared paths, sport and recreation facilities.
Contribution to strategic direction	If the investigation and monitoring programme are successful in identifying notable sources of contamination, then it may be possible to identify and implement cost effective mitigation measures to reduce the health risks of water recreation activities undertaken within the Hokowhitu Lagoon.

Attachments

Nil

PALMERSTON NORTH CITY COUNCIL

Memorandum

TO: Sport and Recreation Committee

MEETING DATE: 16 September 2019

TITLE: Additional Information - Protential Lease of 51 Amberley Avenue

Presented By: Bryce Hosking - Manager - Property

APPROVED BY: Tom Williams, Chief Infrastructure Officer

RECOMMENDATION(S) TO Council

1. That the Memorandum dated 17 May 2019 and titled “Potential Lease of 51 Amberley Avenue” be uplifted from the table.

2. That Council receives the report titled “Additional Information – Potential Lease of 51 Amberley Avenue” dated 29 July 2019 for information to be considered in conjunction with the report titled “Potential Lease of 51 Amberley Avenue” that was presented to, and left on the table by, the Sport and Recreation Committee on 10 June 2019.

3. That Council as the administering body under the Reserves Act 1977, on behalf of the Minister of Conservation, approves the lease of land at 51 Amberley Avenue, Palmerston North, to Palmerston North Judo Club Incorporated for a recreation activity.

4. That Council agree to execute a new three (3) year lease (with a right of renewal) between Palmerston North City Council and Palmerston North Judo Club Incorporated for 51 Amberley Avenue, Palmerston North.

1. ISSUE

1.1 The report titled ‘Potential Lease of 51 Amberley Avenue’ dated 17 May 2019 was presented to the Sport and Recreation Committee on 10 June 2019.

1.2 The report highlighted that Council has the following options to consider:

1. Approve a land lease to the Palmerston North Judo Club Incorporated.

2. Approve a land lease to Highbury Mixed Martial Arts Trust.

3. Attempt to purchase the building and lease it out to several organisations as a community and recreation facility.

4. Do not proceed with any of the above.

1.3 The Sport and Recreation Committee requested the report be “left on the table” until the Sport and Recreation Committee Meeting in September 2019 so it could be considered with additional information.

1.4 In particular Council wanted to consider:

· Clarification of the process for accessing what activities can be undertaken on a Recreation Reserve;

· As a specific example, how the Tongan Church’s activity on the site was assessed against the above;

· Confirmation as to whether any staff members had conflicts of interest and if so, how this was being managed; and

· A brief chronological summary of events regarding Council’s interactions with Scouts New Zealand and the Judo Club.

1.5 This report addresses these items.

2. Further Information

Assessing Activities on a Recreation Reserve

2.1 Section 17 of the Reserves Act 1977 provides the following explicit direction in respect to what can be undertaken on a Recreation Reserve:

17 – Recreation Reserves

(1) It is hereby declared that the appropriate provisions of this Act shall have effect, in relation to reserves classified as recreation reserves, for the purpose of providing areas for the recreation and sporting activities and the physical welfare and enjoyment of the public, and for the protection of the natural environment and beauty of the countryside, with emphasis on the retention of open spaces and on outdoor recreational activities, including recreational tracks in the countryside.

2.2 Council currently take a passive leasing stance on recreational leases; addressing enquires on a case-by-case basis when organisations approach Council, often with a desired venue in mind. This is as opposed to actively making certain sites available and proactively approaching the market.

2.3 When considering a new lease on a recreation reserve, Council Officers consider 2 questions in hierarchical order:

· Is the primary activity consistent with the provisions of the Act; if yes, then

· Does the primary activity fit with Council policies, goals and strategic direction?

2.4 If the answer is yes to both the above, then the Reserves Act 1977 provides direction to undertake a public notification process, followed by obtaining a Council resolution to enter a lease on the reserve. This process is consistently followed by Council Officers whenever a new lease is required.

2.5 Section 117 (1)(b) of the Reserves Act 1977 states the following in respect to notifications of an intention to grant a new lease:

117 – Notifications

(1) Where this Act requires anything to be publicly notified or refers to public notification, the subject matter shall, unless this Act specifically provides otherwise, be published as follows:

(b) where the notification relates to any other reserve or proposed reserve, it shall be published—

(i) once in a newspaper circulating in the area in which the reserve or proposed reserve is situated; and

(ii) in such other newspapers (if any) as the administering body decides:

provided that any notification under section 16(4) relating to a nature reserve or scientific reserve or a proposed nature reserve or scientific reserve shall be published in the manner specified in paragraph (a).

2.6 The important point to highlight from the direction from the Reserves Act 1977 is that it is the primary purpose or activity to be undertaken that is considered, not the organisation itself.

To provide a tangible example: a law firm could operate their social football clubrooms from a recreation reserve, however, it would not be acceptable under the Act for them to operate their soliciting services from the reserve, even if on the weekends it also doubled up as their clubrooms.

Assessment of the Tongan Church’s Activity on the Site

2.7 Clause 2.5 above is especially relevant to provide context to the assessment of the Tongan Church’s operations on the Amberley Avenue Reserve, and the decision by Council Officers to request them to vacate the site.

2.8 The Tongan Church was informally subleasing the Scout Hall from Scouts New Zealand. Council Officers became aware of this in February 2019.

2.9 Council’s Community Division then engaged in fact finding conversations with the church. Officers were advised by the church that the site was primarily used for prayer and religious activity.

As such they did not met the requirements of the Reserves Act 1977 and were asked to vacate.

Staff Conflicts of Interest

2.10 There is only one identified minor conflict of interest from all Council Officers who have had any involvement in any of this process or with any of the parties involved in any of Council’s options in Clause 1.2 of this report.

2.11 The minor conflict is that a Council Officer in the Parks and Reserves Division has children who are members of the Judo Club.

2.12 This minor conflict of interest was mitigated by the Council Officer not having a direct involvement in and leasing matters with the Judo Club, Scouts New Zealand or Highbury Mixed Martial Arts. These discussions have been undertaken by Council’s Property Division.

2.13 For clarity, the Officer did provide expertise and advice regarding the Tongan Church’s occupancy of the site and its conflict with the permitted activities on the site under the Reserves Act 1977. At this stage Scouts New Zealand were still the leaseholder and Council was not aware of their intention to vacate in the future.

Chronological Summary of Events

2.14 Below is a summary of events:

Date	Action
13 Feb .19	Officers contacted Scout Association NZ asking if they wanted to renew lease. They forwarded the matter to their local representative.
15 Feb .19	Judo NZ contacted Council about any buildings for sale they could purchase or if Council had any sites for lease. Officers advised nothing available at that time.
20 Feb .19	Officers met with local scouts’ representative who advised they would not renew. Council Officers advised implications of this and options. Scouts asked if there were any other organisations who might like to purchase building. Officers passed Judo NZ’s details to Scouts to pursue if they wished as responsibility to sell or remove the building was theirs, not Council’s.
21 Feb .19	Scouts advised Officers that Judo and Scouts were negotiating terms to purchase the building.
22 Mar .19	Officers advised terms had been reach and the building was under contract.
6 Apr .19	Notice put in public notices for intention to lease.
18 Apr .19	Manager – Property received a call from Highbury MMA who was concerned about the process. Process explained, advised to put a submission in by 6 May if they wished it to be considered, but it would a land lease only.
6 May .19	Submission received from Highbury MMA.
13 May .19	Submission from Highbury MMA heard at Sport and Recreation Committee Meeting. Supplementary information provided to Councillors on the matter.
10 Jun .19	Report titled ‘Potential Lease of 51 Amberley Avenue’ presented to Sport and Recreation Committee Meeting.

3. NEXT STEPS

3.1 The additional information in this report is considered in conjunction with the report titled ‘Potential Lease of 51 Amberley Avenue’ that was presented to, and “left on the table” by, the Sport and Recreational Committee on 10 June 2019.

3.2 Providing the recommendations of that report are adopted, the next step is to enter a land lease with Palmerston North Judo Club.

3.3 Council Officers will also work with Highbury Mixed Martial Arts to try find an alternative venue.

4. Compliance and administration

Does the Committee have delegated authority to decide? If Yes quote relevant clause(s) from Delegations Manual <Enter clause>		No
Are the decisions significant?		No
If they are significant do they affect land or a body of water?		No
Can this decision only be made through a 10 Year Plan?		No
Does this decision require consultation through the Special Consultative procedure?		No
Is there funding in the current Annual Plan for these actions?		Yes
Are the recommendations inconsistent with any of Council’s policies or plans?		No

The recommendations contribute to Goal 2: A Creative and Exciting City
The recommendations contribute to the outcomes of the Creative and Liveable Strategy
The recommendations contribute to the achievement of action/actions in the Active Community Plan The action is: Carry out recreation and reserves planning functions under the Reserves Act 1977 and LGA including the preparation of Reserve Management and Development Plans and Master Plans.
Contribution to strategic direction	By leasing the land to the Judo Club, this allows for a sporting activity option to be held on a regular basis for the community.

Attachments

Potential Lease of 51 Amberley Avenue ⇩

PALMERSTON NORTH CITY COUNCIL

Report

TO: Sport and Recreation Committee

MEETING DATE: 16 September 2019

TITLE: Ashhurst Domain - Function Centre lease proposal

PRESENTED BY: Aaron Phillips, Senior Parks Planner

APPROVED BY: Tom Williams, Chief Infrastructure Officer

RECOMMENDATION(S) TO Council

1. That the proposal for a function centre lease in the Ashhurst Domain be declined.

2. That the desirability of hospitality services in the Ashhurst Domain be referred to the process underway to review of the Ashhurst Domain Reserve Management and Development Plan.

Summary of options analysis for

Problem or Opportunity	Council has received a proposal to develop a function venue on the portion of the Ashhurst Domain formerly occupied by cafes. The proposal is not contemplated in the Ashhurst Domain Management Plan 1997 and has more extensive buildings than previous café leases on the site. Council has consulted with the community on the proposal. This report considers the submissions made during consultation and makes a recommendation on the proposed lease.
OPTION 1:	Approve the function centre lease for the Ashhurst Domain under the terms and conditions of the draft lease presented to Council 20 May 2019 Sport and Recreation Committee meeting.
Community Views	18 submitters opposed the proposal, 12 supported it and 2 neutral submissions were received.
Benefits	New activity and facilities provided at the Ashhurst Domain.
Risks	Effects on the campground may significantly reduce patronage and satisfaction of campers. Effects on users may reduce their satisfaction and enjoyment of Ashhurst Domain.
Financial	A market rental land lease income. Camp ground income may level off or decline.
OPTION 2:	Decline the function centre lease
Community Views	12 supported the proposed lease, 18 were opposed and 2 neutral submissions were received.
Benefits	No negative effects on the campground and other parks activities and users.
Risks	Perception that Council is unsupportive of hospitality facilities and business development.
Financial	No change to current net operating costs of the Ashhurst Domain. Opportunity cost of a market-based land lease.
OPTION 3:	Enter into further negotiations with the lease applicant to modify the proposal to reduce the negative effects and/or increase the benefits.
Community Views	18 submitters opposed the proposal, 12 supported it and 2 neutral submissions were received.
Benefits	New activity and facilities provided at the Ashhurst Domain.
Risks	The applicant has already indicated there is no room for further negotiation of lease terms and conditions, and it is therefore unlikely negotiation will result in any material changes to the proposed lease.
Financial	Officer time involved in further negotiations.
OPTION 4:	Defer the decision on the function centre lease to the new Council. Local government elections are imminent, with the announcement of the new Council due on 17 October 2019.
Community Views	18 submitters opposed the proposal, 12 supported it and 2 neutral submissions were received.
Benefits	The proposal represents a major change in the Ashhurst Domain. With the election imminent, the ongoing Council may consider that the decision is better left to the new Council.
Risks	The additional time may cause concern with the applicant.
Financial	Officer time reporting to the new Council.
Implications	There would be a need to hold a new hearing to ensure fairness to the submitters due to the change in membership of the Council and its Committee structure.
The recommendations contribute to Goal 2: A creative and exciting city
The recommended Option is 2: Decline the function centre lease
The recommended option contributes to the outcomes of the Creative and Liveable Strategy
The recommended option contributes to the achievement of action/actions in the Active Community Plan The action is: Provide and maintain city reserves, neighbourhood reserves, playgrounds, sportsfields, Arena Manawatū, aquatic facilities, walkways, shared paths, sport and recreation facilities. Carry out recreation and reserves planning functions under the Reserves Act 1977 and LGA including the preparation of Reserve Management and Development Plans and Master Plans.
Contribution to strategic contribution	This report, in combination with the 10 June 2019 report to the Sport and Recreation Committee, assesses the proposal against the Ashhurst Domain Reserve Development and Management Plan 1997 and Reserves Act 1977.

Rationale for the recommendations

1. Overview of the problem or opportunity

1.1 Council received a proposal to develop a function venue on the portion of the Ashhurst Domain formerly occupied by cafes.

1.2 The proposal is not contemplated in the Ashhurst Domain Development and Management Plan 1997.

1.3 Since it is not contemplated in the Management Plan the proposal was assessed against the objectives and policies of the Management Plan and Reserves Act 1977, in a report to the 10 June 2019 Sport and Recreation Committee.

1.4 Council decided it wished to hear community views and public consultation was undertaken from 29 June 2019 to 9 August 2019.

1.5 This report considers the community views raised in submissions during the consultation. It sets those views alongside the assessment made in the 10 June report.

2. Background and previous council decisions

2.1 Council received a deputation to the Sport and Recreation Committee on the 11 March 2019. The Committee recommended, and Council resolved:

1-19

Ashhurst Domain - Function Venue Proposal

The COMMITTEE RECOMMENDS

1. That Council agree to progress to the assessment stage under the Reserves and Resource Management Acts for Ashhurst Domain function venue proposal.

2.2 Council received a report on the proposal at the 10 June 2019 Sport and Recreation Committee meeting which considered the proposal against the policies and objectives of the Ashurst Domain Development and Management Plan 1997 and the requirements of the Reserves Act 1977. The Committee recommended, and Council resolved:

2-19

Ashhurst Domain - Proposal to lease area for a function venue

The COMMITTEE RECOMMENDS

1. That Council approve community consultation on the proposal for a lease for a function venue at the Ashhurst Domain, meeting the requirements of Section 54 of the Reserves Act 1977.

2. That Council note the recreation reserve on which the lease is proposed is part of Lot 1 DP 55676, the lease area and the draft lease are contained in Attachment Six of the report titled “Ashhurst Domain – Proposal to lease area for a function venue” dated 20 May 2019.

2.3 Council heard submissions from the 3 submitters who indicated they wished to be heard and received a report summarising the submissions at the 26 August 2019 Sport and Recreation Extraordinary Committee meeting.

3. Community Views

3.1 The Reserves Act 1977 Section 120(1)(d) requires that Council give full consideration to objections and submissions before deciding to proceed with a proposal.

3.2 Thirty-two submissions were received, eighteen opposed to the proposal, twelve in support and two were neutral, as shown in Figure One.

Figure One: Proportion of submitters supporting and opposing the proposal

3.3 The residential location of the submitters were fairly evenly split between Ashhurst residents and submitters with other places of residence. Numbers and proportions od submitters by location are shown in Figure Two.

3.4 Figure Three shows the approximate location of submitters from the Ashhurst and the surrounding rural area.

Figure Two: Residence of submitters

Figure Three: Submitters from Ashhurst and the surrounding rural area

3.5 Ashhurst residents and campground users were more opposed to the proposal than submitters from Palmerston North or out of town. Figure Four provides information on submitters support by place of residence.

Figure Four: Proportions by residence

3.6 Table one below provides a summary of the main points raised by submitters, the number of submitters that raised the point and officer comment.

Submission point	# submissions raised in	Officer comment
Opposed: Noise effects park generally	11	There would be an effect on park users, particularly in the evening daylight hours when picnicing and walking could be happening. The level of effect will depend to some extent on the individual users, the type of music, and their proximity and the duration of exposure to it. The various submitters valued the park for its tranquil and quiet nature. Review of the customer service requests/complaints system shows eight noise related complaints in the Ashhurst Domain since 2005. Four related to the model aircraft, three to bands/festivals in the Domain and one about a campground user’s activities affecting another campground user.
Opposed: Noise effects on campground	10	The noise effect on the campground were described as significant, in Resource Management Act terms, by the applicants Acoustic Consultant. The campground is showing a high rate of growth in camper numbers and as discussed in Section 8.7 of the 10 June report to the Sport and Recreation Committee. Palmerston North City Council has a dominant role in provision of camping in the City with two structured camping operations on Council land. There is a camping ground located in Totara Reserve Regional Park in the Pohangina valley operated by Horizons. Manawatu District has a private campground operating in Feilding and two lease run operations on Manawatu District Council land at Himitangi and Tangimoana.
Opposed: Does not fit park environment	8	The type of building and the container approach to storage and facilities is different to past café facilities and not a traditional facility style for a park venue. As discussed in the 10 June 2019 report the location is well screened from the cemetery, playground and camping areas. Landscaping and screening would be required as part of the lease mitigating the visual effects from the walkway and sportsfield areas. Past cafes were screened in similar manners with the remnants of those fences and screens still on the site.
Opposed: Tree removal	8	The applicant is proposing some replanting, six mature gums would be removed. Clarification with the applicant and Councils transport planners notes that the six gum trees required to be removed for the safety of the proposed building would be removed and any bus turning modifications, shown in some of the applicant’s concept drawings, could be accommodated elsewhere in the Domain to avoiding all but these essential six tree removals.
Opposed: Impact on fauna	7	There would be some gum tree loss affecting some of the bird food source. Depending on replacement planting proposed this might be offset – although this would be until the trees matured. A number of submitters mentioned moreporks and hearing them. Ducks Unlimited were contacted for comments following the submission hearings meeting. At the time of reporting a response had not been received. A desk top assessment of typical fauna species that might be in the vicinity and potential effects has been commissioned following the hearings meeting. An update will be given at the Committee meeting. If the proposal proceeds to a resource consenting, then that process will determine whether more in-depth impact assessment for fauna is required, or not.
Opposed: Vandalism/ nuisance/security	7	The operator’s ability to manage patron activity would be critical to the success. There is some risk in this area.
Opposed: Alcohol/behaviour	5	The operator’s ability to manage patron activity would be critical. There is some risk in this area.
Opposed: Does not serve the park users/public benefit	3	Some benefits to the reserve would accrue from some of the activities in the function centre e.g. the ability to hold activities and events from the facilities, or family services associated with interment at the cemetery. Evening functions however, provide little benefit to the reserve itself and its core recreation functions. Café activities were well supported in submissions. A number of submitters in opposition to the function centre proposal did support a café. A function centre does not offer the same benefit to the general reserve user as other hospitality activities, such as a cafe operation, would.
Opposed: Clash with Pony Club/Canine centre	3	Manawatu Canine Centre, the Pony Club, Central Football and Manawatu Cricket were briefed on the proposal. None had concerns and in some cases some advantage was seen in having the facility available.
Opposed: Carparking effects/conflicts	3	Section 8.5 of the 10 June 2019 report considered car parking. Further review of the site notes that a further 12 cars can be accommodated over and above the 50 carparks identified in the 10 June 2019 report by managing a one-way access system and using the parking space to the left of the accessway to the site. Council aerial photos show those parks in use as per the circled cars in the following image. Football, Cricket, Pony and Canine Clubs indicated comfort with working collaboratively where large events occurred at the same time as functions and were comfortable that conflicts would be rare and manageable. There have been two carparking related complaints since 2005, both in 2011, relating to sportsfield parking overflow. Discussion with staff and sporting codes found that the large events at the Domain are typically midweek (interschool cross country) or in the mornings/early afternoons (sports tournaments) so would not normally conflict with afternoon/evening functions.
Opposed: Risk of business failure too high/cost to reinstate	3	Council could bond or require a personal guarantee from the applicant for the estimated cost of demolition and reinstatement, as was required with the high ropes course on the Railway Land
Opposed: Should be on private land	3	Council can permit private business on Council property where the activity fits the requirements of the Reserves Act and provides some benefits to recreation/the reserve. In some cases, private provision allows recreation activities and/or functions that support them to occur at lower cost and risk than Council could undertake on its own. For example, the Café in the Victoria Esplanade. The draft Policy for use of Public Space includes a possible consideration of the "Potential impact on existing city businesses". The applicant suggests there is a shortage of suitable spaces for holding wedding functions, and references constraints with some venues such as Caccia Birch hours of operation. No quantitative assessment of potential impact on existing businesses has been undertaken.
Opposed: Walking path effects	2	The former café operations on the site included a long fence with brushwood screening. The new proposal would have similar effects on the walkway as have been accepted by Council for this site in the past.
Opposed: Effect on access to views	2	The applicant notes that the public would be free to access the outdoor part of the site when functions are not on. The landscaping however will have the effect of making the site appear private. There are some alternative views from a dedicated viewing platform 30 m from the site. There will be some loss of choice of viewing site.
Opposed: Hours of operation being outside standard park hours	2	This issue in considered in responses to camping and effects on other activities in the park under other points.
Opposed: Light pollution	2	There would be some light pollution effect on the reserve. Officers assume the number of people frequenting the Domain at night are small and there are other opportunities for experiencing the night sky unimpacted by light and the effect would be of most note to fauna, discussed in other sections. A desktop report on effects on wildlife has been commissioned with the findings to be presented at the committee meeting
Opposed: Litter	2	The draft lease includes a clause to address litter in the areas surrounding the venue. The area excluded was the bank to the wetland. Council contractors currently scale the banks to carry out plant pest control. The collection of litter at the same time as plant pest control would be the most efficient/lowest risk option.
Opposed: Effect on playground	2	The playground is 200 to 300 metres from the proposed function centre site. It is anecdotally well used. A playground is by nature a noisy boisterous environment. There may be some noise effect on the playground from the function venue, it is presumed it would have a relatively low effect on people’s satisfaction and enjoyment of the playground. In some instance officers have seen people playing music at activities at Council playgrounds, for example.
Opposed: Conflict with off-leash dog walking	1	The site of the proposed function centre is currently a dog on leash space under the Dog Control Policy 2018. This has not changed since the former café occupied the site. The space to the south, where the lookout is positioned between the cafe and the cemetery, is an off-leash area. Dog owners are required to have their dogs under control, at all times.
Opposed: Effect on cemetery	1	The cemetery is 75 to 160 m from the proposed function centre venue. In recent years there have been low numbers of burials at the cemetery, 2 to 3 per year. Cemetery administration staff advise that burials are mainly in the afternoons between 1pm and 3:30 pm, sometimes late mornings. There is a slight tendency towards Wednesday through Friday burials. Saturday morning burials can occur but attract a higher charge and tend to be lower in number. The exception to the day of the week trends are Muslim burials due to customary burial timeframes. Ash burials often occur on a Saturday morning and the service is less formal and smaller. No assessment of the timing and frequency of people visiting graves and ash plots has been carried out. There would be a negative effect on the peacefulness and experience for cemetery visitors if events that generate loud music or noise are on at the function centre.
Opposed: Safety vs terrace	1	The applicant is proposing a new fence, which would meet building code requirements, along the top of the terrace. Given the current fence is a chain link the new fence could be safer than the current fence.
Opposed: Already community facilities in Ashhurst	1	The assessment is not about the village, or facilities in the wider area, it only considers the Domain and its operation under the Reserves Act.
Opposed: No benefit to Ashhurst economy	1	The assessment of the lease proposal is not about economic development of Ashhurst or in wider Palmerston North. It is about is about the Domain and its operation under the Reserves Act.
Opposed: Effect on sportsfield users	1	Manawatu Canine Centre, the Pony Club, Central Football and Manawatu Cricket were briefed on the proposal. None had concerns, and in some cases some advantages were noted in having the facility available.
Opposed: Sewage system capacity	1	Building and resource consent processes will test the suitability of the sewage systems and require performance that meets relevant standards.
Supported: benefits outweigh effects	1	Consideration is being given in this process.
Supported: general support	3	Support noted.
Supported: events	1	There may be some event (as opposed to function use) but the level cannot be determined at this point.
Supported: under used area	1	Mixed feedback on use of the area has been received with some commentary suggesting there is regular walking and vehicle parking at the site and others of the opinion it gets low levels of use. No survey of use has been undertaken.
Supported: business opportunity	1	The assessment is not about economic development, it is an assessment on the costs and benefits to the Domain and its users under the Reserves Act.
Supported: need café/hospitality	4	A consistent theme, through both submitters objecting and those in support, was for renewed hospitality facilities at the Domain. Many made the point that a café in a similar style to that which burnt down in 2011, would be appropriate and appreciated.
Supported: more visitors to Ashhurst	1	Point noted. The assessment is not about economic development, it is an assessment on the costs and benefits to the Domain and its users under the Reserves Act.
Supported: asset to domain	2	Point noted.
Supported: asset to community	2	This process is considering the Domain and its use.
Supported: keep wedding business local	1	The assessment is limited to costs and benefits to the Domain and its users under the Reserves Act.
Neutral: retain amenity of campground	1	The NZMCA submission notes that many of the motorhome users are an older generation and suggests that even a 10 pm noise restriction will impact their sleep and therefore enjoyment and experience of the Domain. The acoustic report describes the effects as significant, in Resource Management Act terms.
Neutral: operating hours need to be longer from business perspective	1	There has been extensive discussion with the applicant about the hours of operation with efforts to minimise the hours to limit the negative effects at the Domain. Longer/more regular hours would increase the negative impacts.
Neutral: mitigate noise effects on the campground	1	Officers questioned the applicant as to whether noise mitigation such as barriers, bunds and management of sound direction had been thoroughly canvased. The applicant was adamant their noise consultant had considered mitigation. The advice received was that due to the nature of the function centre building being a lightweight glass structure, the environment it is in being open and flat relative to the campground, the proximity, and nature of the campground accommodation being tents, caravan and motorhomes, no practical mitigation solutions were viable.
Neutral: suggestions to enhance area	2	Enhancement suggests noted. An upcoming reserve management and development plan process will provide an opportunity to consider those further.

4. Reserve ManagemeNt and development planning

4.1 Council has included the review of the Ashhurst Domain Development and Reserve Management Plan 1997 on its work schedule.

4.2 With the recent decisions around the replacement Manawatu Gorge highway (Te Ahu a Turange: Manawatu Tararua Highway) and the associated cycling paths and ecological offset work, the review of the Ashhurst Domain Reserve Development and Management Plan has been elevated in priority and preliminary planning work is now underway.

4.3 The work is expected to take 12 to 18 months and will involve community engagement.

5. Description of options

5.1 Option One: Approve the function centre lease proposal for the Ashhurst Domain under the terms and conditions of the draft lease presented to the 20 May 2019 Sport and Recreation Committee meeting.

5.2 Option Two: Decline the function centre lease

5.3 Option Three: Enter into further negotiations with the lease applicant to modify the proposal in order to reduce the negative effects/increase the positive effects.

5.4 Option Four: Defer the decision on the function centre lease to the new Council.

6. Analysis of options

6.1 Option One: Approve the function centre lease proposal for the Ashhurst Domain under the terms and conditions of the draft lease presented to Council 20 May 2019 Sport and Recreation Committee meeting.

6.1.1 Council could approve the lease. In doing so it would be accepting a significant reduction in the level of service for the campground and a more modest one for activities people currently undertake in the Domain that include quiet enjoyment as a core value.

6.1.2 Effects such as car parking, the loss of some viewing sites at times, and site use are modest, particularly when those effects have been present to some extent when former café operations were on the site.

6.1.3 Interestingly one social media comment noted that they had been married in one of the former iterations of the cafes.

6.2 Option Two: Decline the function centre lease.

6.2.1 Council could decline the function centre lease proposal. On balance there is a weak benefit cost ratio. While there is consistently high support for hospitality activities in the Domain, the nature of those activities would best serve a core of day time Domain use, rather than predominately targeting special evening-based events.

6.2.2 The work to review the Ashhurst Domain Development and Management Plan 1997 is underway. This provides a timely opportunity to consider the aspect of hospitality in the Domain. That process can consider the form, location, and fit of any proposed hospitality facilities with the other Doman activities and values.

6.3 Option Three: Enter into further negotiations with the lease applicant to modify the proposal to reduce the negative effects/increase the positive effects.

6.3.1 The applicant has been working on the proposal for a substantial time. The negotiations with Council officers have variously attempted to address the operating hours, noise, and the building form and landscaping.

6.3.2 The applicant has noted they cannot alter the operating hours or use different building forms and still have a viable business proposition. The applicant also advised that their acoustic consultant could not identify any reasonably practical noise mitigation options.

6.3.3 Option Three therefore is unlikely to yield any concessions or opportunities that will make the proposal more tenable.

6.4 Option Four: Defer the decision on the function centre lease to the new Council

6.4.1 Then proposal represents a potential major change to the Ashhurst Domain, with particular impacts on the campground as described in in Section 8.7 of the 10 June report to the Sport and Recreation Committee.

6.4.2 Local government elections are imminent, with the announcement of the new Council due on 17 October 2019.

6.4.3 Council could decide that he decision is best left to the incoming Council.

7. Exercising Minister’s delegated authority TO supervise reserves act process

7.1 In 2013 the Minister of Conservation delegated administering bodies of the Reserves Act the ability to exercise the Minster’s function in ensuring that the functions, purposes and statutory processes required by the Reserves Act 1977 have been complied with. Five primary considerations are required on order to exercise that delegated authority:

7.1.1 Checking the status of the land and power to make decisions.

Land status was covered in the 10 June 2019 report to the Sport and Recreation Committee and confirmed that the land is held as Recreation Reserve.

7.1.2 Ensuring statutory processes have been followed.

The statutory processes have been met including requirements of public notification (Section 119), and rights of objection and making submission (Section 120).

7.1.3 Functions and purposes of the Reserves Act are taken into account.

The 10 June 2019 report considered the purpose of recreation reserves and concluded that the function centre would have activities that are recreation activities and are consistent with the purpose of recreation reserves.

The 10 June 2019 report, and some cases added to in this report considered the requirements of Section 17(2):

· the freedom of public access - Section 17(2)(a).

· the protection and management of flora and fauna to the extent compatible with the recreation purpose - Section 17(2)(b).

· The qualities that contribute to pleasantness and cohesion of the natural environment and enjoyment of the reserve - Section 17(2)(c)

· Soil, water and forest conservation (Section17(2)(d).

7.1.4 Objections or submissions from affected parties are considered

The consultation undertaken was described in the 26 August 2019 report, summarising the submissions and the consultation process. The requirements of the Section 119 of the Reserves Act 1977 on public notification were exceeded.

32 submission were received on the proposal: 18 opposed, 12 in support and 2 neutral submissions.

The three submitters who wished to be heard (Section 120(1)(c) of the Reserves Act 1977) were heard at the 26 August Sport and Recreation Committee extraordinary meeting.

Section 5 of this report considered the points raised in the submissions.

7.2 Tangata Whenua views sought and considered pursuant to section 4 of the Conservation Act 1987. The 10 June 2019 report noted Rangitāne o Manawatū representatives have considered the proposal and a representative has visited the site with Council officers. Rangitāne have no particular concerns. They see some opportunity to use the design of the proposal and its landscaping to reference important adjacent and visible sites.

7.2.1 The decisions is considered reasonable on the basis of evidence.

This report in combination with the 10 June 2019 report sets out an assessment of the proposal against the Ashhurst Domain Developmental and management plan 1997 and the Reserves Act 1977.

Council has sufficient evidence to make a decision.

8. Conclusion

8.1 On the face of it, the proposal appears a worthy and exciting proposition for the function centre, and the Palmerston North wedding venue market.

8.2 The series of reports and investigations on the proposal have been extensive.

8.3 Considering both the assessment of the proposal in the report to the 10 June 2019 Sport and Recreation Committee and the subsequent submissions from the community, it is apparent that a function centre of this type and location is not sufficiently beneficial to the reserve and the activities that take place on it, to outweigh the negative effects and impacts on the values the community places on the reserve.

8.4 As the Ashhurst Domain is connected to Te Apiti and Palmerston North through walking and cycling paths, coupled with the continued growth of Ashhurst and Palmerston North, support or demand for hospitality facilities in the Domain are likely to increase.

8.5 The timing of the review of the Ashhurst Domain Development and Management Plan 1997 presents an excellent opportunity to consider hospitality facilities in an overall review of the Domain and set appropriate expectations on possible form, location and effects of such hospitality activities.

8.6 It is recommended that Option Two be approved and the function centre lease be declined. Further it is recommended that considerations of hospitality facilities be referred to the Ashhurst Domain Development and Management Plan review process.

9. Next actions

9.1 Advise the applicant of Council’s decision.

9.2 Advise the submitters of Council’s decision.

10. Outline of community engagement process

10.1 The community engagement process was outlined in the report to the 26 August Sport and Recreation Committee.

Compliance and administration

Does the Committee have delegated authority to decide?	No
Are the decisions significant?	No
If they are significant do they affect land or a body of water?	No
Can this decision only be made through a 10 Year Plan?	No
Does this decision require consultation through the Special Consultative procedure?	No
Is there funding in the current Annual Plan for these actions?	Yes
Are the recommendations inconsistent with any of Council’s policies or plans?	No
<Enter text>

Attachments

Nil

Leonie Hapeta (Chairperson)
Duncan McCann (Deputy Chairperson)
Grant Smith (The Mayor)
Brent Barrett	Jim Jefferies
Adrian Broad	Lorna Johnson
Vaughan Dennison	Bruno Petrenas
Lew Findlay QSM	Aleisha Rutherford