Council
Grant Smith (Mayor) |
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Debi Marshall-Lobb (Deputy Mayor) |
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Mark Arnott |
Leonie Hapeta |
Brent Barrett |
Lorna Johnson |
Rachel Bowen |
Billy Meehan |
Vaughan Dennison |
Orphée Mickalad |
Lew Findlay (QSM) |
Karen Naylor |
Roly Fitzgerald |
William Wood |
Patrick Handcock (ONZM) |
Kaydee Zabelin |
Council MEETING
30 November 2022
Order of Business
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. Confirmation of Minutes Page 7
“That the minutes of the ordinary meeting of 16 November 2022 Part I Public be confirmed as a true and correct record.”
5. Hearing of Submissions - Adderstone Reserve Page 19
Reports
6. Summary of Submissions - Adderstone Reserve - Proposed Partial Reserve Disposal for Housing Page 145
Memorandum, presented by Kathy Dever-Tod, Group Manager Parks and Logistics.
7. Appointment of Council Representatives to External Bodies Page 163
Memorandum, presented by Grant Smith, The Mayor.
8. 4-Month Performance and Financial Report - Period Ending 31 October 2022 Page 171
Memorandum, presented by Cameron McKay, Chief Financial Officer and Andrew Boyle, Head of Community Planning.
9. Review of the Palmerston North Sections of the 2018 Manawatū-Whanganui Regional Sport Facility Plan (LTP programme 1916) Page 231
Memorandum, presented by Julie Macdonald, Strategy & Policy Manager.
10. Proposal to grant a lease at 5 Andrew Avenue to The Scout Association of New Zealand Page 353
Report, presented by Bryce Hosking, Group Manager - Property.
11. Proposal to grant a lease at 53 Waldergrave Street to Te Hā o Hine-ahu-one Palmerston North Women's Health Collective Incorporated Page 373
Report, presented by Bryce Hosking, Group Manager - Property.
12. Proposal to grant a lease on 53A and 55A Totara Road, Palmerston North to Manawatu Archery Club Incorporated Page 393
Report, presented by Bryce Hosking, Group Manager - Property.
13. Council Work Schedule Page 411
14. Exclusion of Public
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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:
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. [Add Third Parties], because of their knowledge and ability to assist the meeting in speaking to their report/s [or other matters as specified] and answering questions, noting that such person/s will be present at the meeting only for the items that relate to their respective report/s [or matters as specified].
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Minutes of the Council Meeting Part I Public, held in the Council Chamber, First Floor, Civic Administration Building, 32 The Square, Palmerston North on 16 November 2022, commencing at 9.06am
Members Present: |
The Mayor (Grant Smith) (in the Chair) and Councillors Debi Marshall-Lobb, Mark Arnott, Brent Barrett, Rachel Bowen, Vaughan Dennison, Lew Findlay, Roly Fitzgerald, Patrick Handcock, Leonie Hapeta, Lorna Johnson, Billy Meehan, Orphée Mickalad, Karen Naylor, William Wood and Kaydee Zabelin. |
Councillor Leonie Hapeta left the meeting at 1.44pm during consideration of clause 158. She entered the meeting again at 2.13pm during consideration of clause 159. She was not present for clauses 158, 158b, 158c and the motion relating to reimbursement for alcoholic beverages that was lost.
151-22 |
Late Items |
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Moved Grant Smith, seconded Debi Marshall-Lobb. RESOLVED 1. That the late
item titled ‘Appointment of Council Representatives to Local Government
New Zealand (Zone 3)’ be received. |
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Clause 151-22 above was carried 16 votes to 0, the voting being as follows: For: The Mayor (Grant Smith) and Councillors Debi Marshall-Lobb, Mark Arnott, Brent Barrett, Rachel Bowen, Vaughan Dennison, Lew Findlay, Roly Fitzgerald, Patrick Handcock, Leonie Hapeta, Lorna Johnson, Billy Meehan, Orphée Mickalad, Karen Naylor, William Wood and Kaydee Zabelin. |
152-22 |
Confirmation of Minutes |
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Moved Grant Smith, seconded Debi Marshall-Lobb.
RESOLVED 1. That the minutes of the ordinary meeting of 9 November 2022 Part I Public be confirmed as a true and correct record, as amended. |
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Clause 152-22 above was carried 16 votes to 0, the voting being as follows: For: The Mayor (Grant Smith) and Councillors Debi Marshall-Lobb, Mark Arnott, Brent Barrett, Rachel Bowen, Vaughan Dennison, Lew Findlay, Roly Fitzgerald, Patrick Handcock, Leonie Hapeta, Lorna Johnson, Billy Meehan, Orphée Mickalad, Karen Naylor, William Wood and Kaydee Zabelin. |
Reports
153-22 |
Adoption of Code of Conduct 2022 Memorandum, presented by Hannah White, Democracy & Governance Manager and Sarah Claridge, Democracy & Governance Advisor. |
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Moved Grant Smith, seconded Debi Marshall-Lobb. RESOLVED 1. That Council adopt the Code of Conduct 2022 (Attachment 1). |
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Clause 153-22 above was carried 16 votes to 0, the voting being as follows: For: The Mayor (Grant Smith) and Councillors Debi Marshall-Lobb, Mark Arnott, Brent Barrett, Rachel Bowen, Vaughan Dennison, Lew Findlay, Roly Fitzgerald, Patrick Handcock, Leonie Hapeta, Lorna Johnson, Billy Meehan, Orphée Mickalad, Karen Naylor, William Wood and Kaydee Zabelin. |
154-22 |
Appointment of Committees and Committee Membership Memorandum, presented by Hannah White, Democracy & Governance Manager and Sarah Claridge, Democracy & Governance Advisor. With reference to clause 5.8 in the report, Councillor Fitzgerald suggested the word ‘although’ be more appropriately ‘unless.’ This would retain his mana as mana whenua Rangitāne elected to Council and nominated by Rangitāne. He agreed that he represents the views of the entire community, particularly the Māori living in our city from other iwi groups, but when he goes back out into the community he is also representing each and every one of the Elected Council Members. As a committee member of the Rangitāne o Manawatū committee, he will be speaking to the wider communities about the roles that he is playing inside Council. |
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Moved Grant Smith, seconded Debi Marshall-Lobb.
RESOLVED 1. That Council note the establishment of Committees made by the Mayor (Table 1). 2. That Council note the Chairperson appointments made by the Mayor to the Committees (Table 1). 3. That Council approve the Mayor’s recommendations for Deputy Chairpersons of the Committees (Appendix 1). 4. That Council approve the Mayor’s recommendations for membership of Committees (Appendix 1). 5. That Council appoint any Elected Member with a Making Good Decisions accreditation from the Ministry for the Environment as a Hearings Commissioner. 6. That Council approve the following changes to the Delegations Manual 2017: a. Remove Part 2: Terms of Reference section of the Delegations Manual 2017 (pages 41-47). b. Remove the following from the Delegations to Committee (pages 14-20): i. Clause 171 ‘Community Development Committee’ ii. Clauses 172-177 ‘Finance & Audit Committee’ iii. Clause 181 ‘Planning & Strategy Committee’ iv. Clause 183 ‘Manawatū District and Palmerston North City Joint Strategic Planning Committee’ c. Add Council and Committees: Structure, Terms of Reference and Delegations (Appendix 1) subject to the following: · To include libraries and community facilities in Section 2 of the Terms of Reference of the Community Committee · Add the words ‘subsequent annual budget/s’ following the phrase ‘Long Term Plan’ in the Terms of Reference for Council, Strategy & Finance Committee and Risk & Assurance Committee · Replace the words ‘investment strategy’ with ‘infrastructure strategy’ in the Council Terms of Reference · Add the word ‘Arena’ following ‘Central Energy Trust’ in the Culture & Sport Committee Terms of Reference · To adjust the quorum for Council to 8, for Culture & Sport to 6, for Strategy & Finance to 6, for Risk & Assurance to 6 d. Remove the Delegations to Subordinate Decision Making Bodies, clauses 186-188 (page 21). e. Add Delegations to Quasi-Judicial and Subordinate Decision Making Bodies (Appendix 2). f. Remove clauses 178, 179 ‘Hearings Committee.’ g. Agree changes to clauses 194-200 ‘Delegations to and Assignment of Commissioners’ (Appendix 3). 7. That Council approve two Independent Members to the Risk & Assurance Committee; that Mr Steve Armstrong be appointed Chair; and that a recruitment process be undertaken to fill the vacancy for one other Appointed Member. 8. That Council appoint Mr Wiremu Te Awe Awe (Chair in 2024), Mr Chris Whaiapu and Ms Danielle Harris as three Rangitāne representatives to sit on the Rangitāne o Manawatū Committee. 9. That all Appointed Members (as agreed in recommendations 7 and 8) to Committees are given full participation and voting rights. 10. That Council agree a selection panel of the Mayor, Deputy Mayor and the Chief Executive be set up to recommend an Independent Member appointment for the Risk & Assurance Committee to Council by early 2023. |
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Clause 154-22 above was carried 16 votes to 0, the voting being as follows: For: The Mayor (Grant Smith) and Councillors Debi Marshall-Lobb, Mark Arnott, Brent Barrett, Rachel Bowen, Vaughan Dennison, Lew Findlay, Roly Fitzgerald, Patrick Handcock, Leonie Hapeta, Lorna Johnson, Billy Meehan, Orphée Mickalad, Karen Naylor, William Wood and Kaydee Zabelin.
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Moved Rachel Bowen, seconded Karen Naylor. |
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Note: An amendment was made to recommendation 7: “That Council approve an Independent Member to the Risk & Assurance Committee; that Mr Steve Armstrong be appointed Chair” and that recommendation 10 be deleted. The motion was lost 6 votes to 10, the voting being as follows: For: Councillors Mark Arnott, Rachel Bowen, Lew Findlay, Roly Fitzgerald, Lorna Johnson and Karen Naylor. Against: The Mayor (Grant Smith) and Councillors Debi Marshall-Lobb, Brent Barrett, Vaughan Dennison, Patrick Handcock, Leonie Hapeta, Billy Meehan, Orphée Mickalad, William Wood and Kaydee Zabelin. |
155-22 |
Appointment of Council Representatives to Local Government New Zealand (Zone 3) Presented by the Mayor (Grant Smith). |
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Moved Grant Smith, seconded Debi Marshall-Lobb. RESOLVED 1. That Council approve the Mayor’s recommendation for the appointments of Council delegates to Local Government New Zealand (Zone 3): The Mayor, Councillors Bowen, Handcock, Mickalad, Naylor and Wood. |
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Clause 155-22 above was carried 16 votes to 0, the voting being as follows: For: The Mayor (Grant Smith) and Councillors Debi Marshall-Lobb, Mark Arnott, Brent Barrett, Rachel Bowen, Vaughan Dennison, Lew Findlay, Roly Fitzgerald, Patrick Handcock, Leonie Hapeta, Lorna Johnson, Billy Meehan, Orphée Mickalad, Karen Naylor, William Wood and Kaydee Zabelin. |
The meeting adjourned at 10.07am.
The meeting resumed at 10.33am.
156-22 |
Delegations to Individual Members Memorandum, presented by Hannah White, Democracy & Governance Manager and Sarah Claridge, Democracy & Governance Advisor. |
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Moved Grant Smith, seconded Debi Marshall-Lobb. RESOLVED 1. That Council approve clauses listed in ‘Specific Role Delegations to Individual Member Positions’ (Attachment 1) to replace listed clauses from the Delegations Manual 2017 sections ‘Delegations to Mayor, Councillors and Other Committee Members’ and ‘Document Signing and Affixing Common Seal’, with the following addition: · That the Mayor be included in the delegation to agree the Chief Executive’s expenses. |
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Clause 156-22 above was carried 16 votes to 0, the voting being as follows: For: The Mayor (Grant Smith) and Councillors Debi Marshall-Lobb, Mark Arnott, Brent Barrett, Rachel Bowen, Vaughan Dennison, Lew Findlay, Roly Fitzgerald, Patrick Handcock, Leonie Hapeta, Lorna Johnson, Billy Meehan, Orphée Mickalad, Karen Naylor, William Wood and Kaydee Zabelin. |
157-22 |
Adoption of Elected Members Remuneration 2022-23 Memorandum, presented by Hannah White, Democracy & Governance Manager and Sarah Claridge, Democracy & Governance Advisor. During discussion Elected Members requested changes to the remuneration structure to reflect an increased base rate to recognise the responsibilities of all Councillors, while noting that Chairs and Deputy Chairs have additional responsibilities. |
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Moved Grant Smith, seconded Patrick Handcock. RESOLVED 1. That Council agree the following amendments to Table 1 to the Remuneration Authority regarding Elected Member remuneration: a. The annual remuneration for a (base) Councillor with no additional responsibility is to be $54,734. b. The annual additional remuneration for a Chair position is to be $5,000. c. The annual additional remuneration for a Deputy Chair position is to be $2,000. d. The annual additional remuneration for the Deputy Mayor is to be $7,006. |
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Clause 157.1-22 above was carried 14 votes to 2, the voting being as follows: For: The Mayor (Grant Smith) and Councillors Debi Marshall-Lobb, Mark Arnott, Brent Barrett, Vaughan Dennison, Lew Findlay, Roly Fitzgerald, Patrick Handcock, Leonie Hapeta, Billy Meehan, Orphée Mickalad, Karen Naylor, William Wood and Kaydee Zabelin. Against: Councillors Rachel Bowen and Lorna Johnson.
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Moved Grant Smith, seconded Patrick Handcock. 2. That Council note the Determination by the Remuneration Authority which came into effect on 1 July 2022. 3. That Council note that such recommendations will take effect from the date the new Council came into office (15 October 2022) or the date after the positions were established (27 October and 17 November 2022 ). 4. That Council approve the information relating to the positions of additional responsibility (Table 2) be sent to the Remuneration Authority. 5. That Council agree a $250 payment per meeting to appointed members of the Rangitāne o Manawatū Committee. 6. That the Chief Executive be delegated authority to negotiate contract terms for appointed members of the Risk & Assurance Committee and enter into contracts for the Council term. 7. That Council approve: a. An unbudgeted expense in the 2022-23 Financial Year of up to $20,000 excluding tax and disbursements for appointments to the Risk & Assurance Committee. b. The finalised contract terms up to $20,000 excluding tax and disbursements for appointments to the Risk & Assurance Committee is included in future budgets from the 2023-24 Annual Budget. |
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Clauses 157.2-22 to 157.7-22 above were carried 16 votes to 0, the voting being as follows: For: The Mayor (Grant Smith) and Councillors Debi Marshall-Lobb, Mark Arnott, Brent Barrett, Rachel Bowen, Vaughan Dennison, Lew Findlay, Roly Fitzgerald, Patrick Handcock, Leonie Hapeta, Lorna Johnson, Billy Meehan, Orphée Mickalad, Karen Naylor, William Wood and Kaydee Zabelin.
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Moved Karen Naylor, seconded Billy Meehan. Note: An amendment was made to recommendation 1 above: “That Council agree the following amendments to Table 1 to the Remuneration Authority regarding Elected Member remuneration: a. The annual remuneration for a (base) Councillor with no additional responsibility is to be $54,734. b. The annual additional remuneration for a Chair position is to be $5,000. c. The annual additional remuneration for a Deputy Chair position is to be $2,000. d. The annual additional remuneration for the Deputy Mayor is to be $7,006.” The amendment was carried 10 votes to 6, the voting being as follows: For: Councillors Debi Marshall-Lobb, Mark Arnott, Brent Barrett, Lew Findlay, Roly Fitzgerald, Leonie Hapeta, Billy Meehan, Orphée Mickalad, Karen Naylor and William Wood. Against: The Mayor (Grant Smith) and Councillors Rachel Bowen, Vaughan Dennison, Patrick Handcock, Lorna Johnson and Kaydee Zabelin.
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Moved Lorna Johnson, seconded Rachel Bowen. |
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Note: An amendment was made to recommendation 1 above: “That Council agree the following amendments to Table 1 to the Remuneration Authority regarding Elected Member remuneration: a. The annual remuneration for a (base) Councillor with no additional responsibility is to be $54,867. b. The annual additional remuneration for a Chair position is to be $7,001. c. The
annual additional remuneration for the Deputy Mayor is to be $7,006.” The amendment was lost 4 votes to 12, the voting being as follows: For: Councillors Rachel Bowen, Lew Findlay, Lorna Johnson and Orphée Mickalad.
Against: The Mayor (Grant Smith) and Councillors Debi Marshall-Lobb, Mark Arnott, Brent Barrett, Vaughan Dennison, Roly Fitzgerald, Patrick Handcock, Leonie Hapeta, Billy Meehan, Karen Naylor, William Wood and Kaydee Zabelin. |
158-22 |
Adoption of Elected and Appointed Members Expenses and Allowances Policy 2022 Memorandum, presented by Hannah White, Democracy and Governance Manager, and Sarah Claridge, Democracy & Governance Advisor. During discussion Elected Members requested additional amendments to clause 10 as follows: · That cost for the use of taxis be included in clause 10, for completeness and consistency; this is an expense not currently included in regular reporting to Council. · That ‘official events’ be included in the definition of Council business; claiming for taxi fares already references official business, noting Officer delegation to accept appropriate claims. Councillor Leonie Hapeta left the meeting at 1.44pm. |
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Moved Grant Smith, seconded Patrick Handcock. RESOLVED 1. That Council approve the Elected and Appointed Members Expenses and Allowances Policy 2022 (Attachment 1) to replace the Elected and Appointed Members Expenses and Allowances Policy 2021, subject to agreed amendments. 2. That the Chief Executive be delegated authority to make minor edits to keep up to date the Elected and Appointed Members Expenses and Allowances Policy 2022. |
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Clause 158-22 above was carried 15 votes to 0, the voting being as follows: For: The Mayor (Grant Smith) and Councillors Debi Marshall-Lobb, Mark Arnott, Brent Barrett, Rachel Bowen, Vaughan Dennison, Lew Findlay, Roly Fitzgerald, Patrick Handcock, Lorna Johnson, Billy Meehan, Orphée Mickalad, Karen Naylor, William Wood and Kaydee Zabelin.
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Moved Brent Barrett, seconded Grant Smith. RESOLVED Amendment 1: a. Include reimbursement of costs of travel by Public Transport and Micro-mobility vehicles |
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Clause 158a-22 above was carried 15 votes to 1, the voting being as follows: For: The Mayor (Grant Smith) and Councillors Debi Marshall-Lobb, Mark Arnott, Brent Barrett, Rachel Bowen, Vaughan Dennison, Lew Findlay, Roly Fitzgerald, Patrick Handcock, Lorna Johnson, Billy Meehan, Orphée Mickalad, Karen Naylor, William Wood and Kaydee Zabelin. Against: Councillor Leonie Hapeta.
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Moved Karen Naylor, seconded Mark Arnott. Amendment 2: b. That cost of taxis is included in clause 10 |
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Clause 158b-22 above was carried 12 votes to 3, the voting being as follows: For: Councillors Debi Marshall-Lobb, Mark Arnott, Brent Barrett, Rachel Bowen, Vaughan Dennison, Roly Fitzgerald, Lorna Johnson, Billy Meehan, Orphée Mickalad, Karen Naylor, William Wood and Kaydee Zabelin. Against: The Mayor (Grant Smith) and Councillors Lew Findlay and Patrick Handcock.
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Moved Rachel Bowen, seconded Orphée Mickalad. Amendment 3: c. That ‘official events’ is included in the definition of Council business and deleted from the clause on ‘taxi’ expenditure |
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Clause 158c-22 above was carried 13 votes to 2, the voting being as follows: For: The Mayor (Grant Smith) and Councillors Debi Marshall-Lobb, Mark Arnott, Brent Barrett, Rachel Bowen, Vaughan Dennison, Roly Fitzgerald, Patrick Handcock, Lorna Johnson, Orphée Mickalad, Karen Naylor, William Wood and Kaydee Zabelin. Against: Councillors Lew Findlay and Billy Meehan.
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Moved Debi Marshall-Lobb, seconded Patrick Handcock. Note: On a motion to include “Childcare Allowance up to and not exceeding $12k per member per annum”, the motion was lost 3 votes to 13, the voting being as follows: For: The Mayor (Grant Smith) and Councillors Debi Marshall-Lobb and Patrick Handcock. Against: Councillors Mark Arnott, Brent Barrett, Rachel Bowen, Vaughan Dennison, Lew Findlay, Roly Fitzgerald, Leonie Hapeta, Lorna Johnson, Billy Meehan, Orphée Mickalad, Karen Naylor, William Wood and Kaydee Zabelin.
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Moved Karen Naylor, seconded William Wood. |
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Note: On a motion that “Council will not reimburse for alcoholic beverages”, the motion was lost 7 votes to 8, the voting being as follows: For: Councillors Mark Arnott, Brent Barrett, Rachel Bowen, Lorna Johnson, Karen Naylor, William Wood and Kaydee Zabelin. Against: The Mayor (Grant Smith) and Councillors Debi Marshall-Lobb, Vaughan Dennison, Lew Findlay, Roly Fitzgerald, Patrick Handcock, Billy Meehan and Orphée Mickalad. |
159-22 |
Palmerston North Airport Ltd - Statement of Expectations 2023/24-2025/26 Memorandum, presented by Steve Paterson, Strategy Manager - Finance. After discussion Elected Members requested that the statement of expectations include that dividend payments be reinstated within the next 2 years, to balance the needs of the community in the current environment against the need to increase equity in the airport. Councillor Leonie Hapeta entered the meeting at 2.13pm. |
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Moved Grant Smith, seconded Debi Marshall-Lobb. RESOLVED 1. That Council receive the memorandum titled ‘Palmerston North Airport Ltd – Statement of Expectations 2023/24–2025/26’ presented to Council on 16 November 2022. 2. That the Statement of Expectations for Palmerston North Airport Ltd 2023/24-2025/26 be adopted as amended. |
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Clause 159-22 above was carried 16 votes to 0, the voting being as follows: For: The Mayor (Grant Smith) and Councillors Debi Marshall-Lobb, Mark Arnott, Brent Barrett, Rachel Bowen, Vaughan Dennison, Lew Findlay, Roly Fitzgerald, Patrick Handcock, Leonie Hapeta, Lorna Johnson, Billy Meehan, Orphée Mickalad, Karen Naylor, William Wood and Kaydee Zabelin.
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Moved Karen Naylor, seconded William Wood. Note: “That the Statement of Expectations 2023/24-2025/26 be amended to reflect the expectation that dividend payments are reinstated within the next 2 years.” The amendment was carried 12 votes to 4, the voting being as follows: For: Councillors Mark Arnott, Brent Barrett, Rachel Bowen, Lew Findlay, Roly Fitzgerald, Patrick Handcock, Lorna Johnson, Billy Meehan, Orphée Mickalad, Karen Naylor, William Wood and Kaydee Zabelin. Against: The Mayor (Grant Smith) and Councillors Debi Marshall-Lobb, Vaughan Dennison and Leonie Hapeta.. |
160-22 |
Treasury Report - 3 Months Ending 30 September 2022 Memorandum, presented by Steve Paterson, Strategy Manager - Finance. |
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Moved Grant Smith, seconded Debi Marshall-Lobb. RESOLVED 1. That the Council note the performance of Council’s treasury activity for the 3 months ending 30 September 2022. |
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Clause 160-22 above was carried 15 votes to 0, with 1 abstention, the voting being as follows: For: The Mayor (Grant Smith) and Councillors Debi Marshall-Lobb, Mark Arnott, Brent Barrett, Rachel Bowen, Vaughan Dennison, Lew Findlay, Roly Fitzgerald, Patrick Handcock, Leonie Hapeta, Lorna Johnson, Billy Meehan, Orphée Mickalad, Karen Naylor and Kaydee Zabelin. Abstained: Councillor William Wood. |
161-22 |
Council Work Schedule |
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Moved Grant Smith, seconded Debi Marshall-Lobb. RESOLVED 1. That the Council receive its Work Schedule dated 16 November 2022. |
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Clause 161-22 above was carried 16 votes to 0, the voting being as follows: For: The Mayor (Grant Smith) and Councillors Debi Marshall-Lobb, Mark Arnott, Brent Barrett, Rachel Bowen, Vaughan Dennison, Lew Findlay, Roly Fitzgerald, Patrick Handcock, Leonie Hapeta, Lorna Johnson, Billy Meehan, Orphée Mickalad, Karen Naylor, William Wood and Kaydee Zabelin. |
Exclusion of Public
162-22 |
Recommendation to Exclude Public |
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Moved Grant Smith, seconded Debi Marshall-Lobb. RESOLVED “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:
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. |
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Clause 162-22 above was carried 16 votes to 0, the voting being as follows: For: The Mayor (Grant Smith) and Councillors Debi Marshall-Lobb, Mark Arnott, Brent Barrett, Rachel Bowen, Vaughan Dennison, Lew Findlay, Roly Fitzgerald, Patrick Handcock, Leonie Hapeta, Lorna Johnson, Billy Meehan, Orphée Mickalad, Karen Naylor, William Wood and Kaydee Zabelin. |
The public part of the meeting finished at 3.09pm
Confirmed 30 November 2022
Mayor
TO: Council
MEETING DATE: 30 November 2022
TITLE: Hearing of Submissions - Adderstone Reserve
1. That the Council hear submissions from presenters who indicated their wish to be heard in support of their submission.
2. That the Council note the Procedure for Hearing of Submissions, as described in the procedure sheet.
Submitters wishing to be heard in support of their submission
Submission Number |
Submitter Name |
Page Number |
37 |
Andrew Ward |
69 |
26 |
Green Corridors, Range to River |
51 |
31 |
Rebecca Zentveld |
62 |
35 |
Gillian and Jolyon Claridge |
66 |
36 |
James Gordon |
68 |
1. |
Submissions ⇩ |
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2. |
Procedure Sheet ⇩ |
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TO: Council
MEETING DATE: 30 November 2022
TITLE: Summary of Submissions - Adderstone Reserve - Proposed Partial Reserve Disposal for Housing
Presented By: Kathy Dever-Tod, Group Manager Parks and Logistics
APPROVED BY: Sarah Sinclair, Chief Infrastructure Officer
1. That Council receive the summary of written submissions on ‘Adderstone Reserve – Proposed Partial Reserve Disposal for Housing’, for information.
1. ISSUE
1.1 In June 2022 in conjunction with Plan Change G – Aokautere Urban Growth (the Plan Change) Council chose to consider disposal of two portions of Adderstone Reserve for housing.
1.2 Under the Reserves Act 1977, the proposal to change the use of part of the land to housing requires public consultation and consideration of any objections prior to deciding whether to uplift the reserve status.
1.3 Resolutions 31-22 included:
3. That the Chief Executive prepare a public consultation document on the partial re-purposing of Adderstone Reserve for housing under the Reserves Act 1977, and that this consultation be undertaken in parallel with the public notification of Palmerston North City District Plan: Proposed Plan Change G – Aokautere Urban Growth.
4. That a decision on the proposed partial re-purposing of Adderstone Reserve be made in advance of the hearing for Proposed Plan Change G – Aokautere Urban Growth.
1.4 This memorandum presents an overview of the consultation undertaken and a summary of written submissions received.
1.5 Consideration of the matters raised in the submissions will be presented to Council in early 2023, once any points raised in the hearings have been considered.
2. Consultation overview
2.1 Consultation took place from 8 August to 5 September 2022. The consultation consisted of:
- Phone calls or messages to the immediate residential neighbours with an offer to meet face to face. 3 of the 4 immediate residential neighbours took up the offer to meet face to face.
- An open day at the International Pacific University on 14 August 2022.
- Information included in the mail out for the Plan Change which was distributed to 2,180 properties.
- Four signs on Adderstone Reserve including two on Pacific Drive, one on Aokautere Drive and one on the walkway within Adderstone Reserve.
- Online information package (as per attachment 1) and online submission form.
- Social media posts on 8 August and 30 August 2022.
2.2 Hearings will take place on 30 November 2022.
3. SumMary of submissions
3.1 Forty-Six submissions were received during the specific Adderstone Reserve consultation. Figure One provides an overview of the nature of the submissions:
Figure 1: Adderstone Specific consultation submissions summary[1]
3.2 Fifteen submissions to Plan Change G included comment on the reserve proposal, which was not captured in the Adderstone Reserve consultation process. The views expressed in these 15 submissions are summarised in Figure 2.
Figure 2: Plan Change G submissions on Adderstone Reserve
3.3 Figure 3 combines the submissions received on the proposal to dispose of part of Adderstone Reserve through the Plan Change G and Adderstone Reserve consultation processes.
Figure 3: All views on partial disposal of Adderstone Reserve
3.4 Including the Plan Change G submissions as part of the overall consultation process for Adderstone Reserve ensures that all views expressed on the proposal to dispose of part of the reserve will be considered as part of Council’s decision-making process.
3.5 Table 1 summarises the matters raised in the written submissions.
Matter Raised |
Total |
Preserve green space/keep for recreation/planting |
31 |
Abby Road portion - 1 ha not large enough |
6 |
There is enough housing at other locations without using reserves |
6 |
Abby Road portion - Need all of it for dog recreation area |
6 |
Retain reserves for climate change mitigation |
5 |
Need more housing – support proposal |
5 |
Not enough infrastructure development to support extra housing |
5 |
Concerned about impacts of housing on gully planting |
4 |
Concern about congestion and access to Abby Road housing |
3 |
Set back from gully edges is needed |
3 |
Additional housing will block views |
2 |
Pacific Dr - if housing is approved it needs buffer to gully to avoid shading/effects |
2 |
Use the reserves for more planting |
2 |
Impacts of road on gully edge |
1 |
Lack of justification of proposal |
1 |
Limit to the density of housing on Pacific Dr portion |
1 |
Previous property review - community opposed reserve sales |
1 |
Should have space for sports |
1 |
Retain all of Abby Rd portion for a community Centre |
1 |
Keep space for off road paths |
1 |
Table 1: Summary of matters raised in written submissions
3.6 Social media posts:
- comments were focused on the Plan Change area and related matters.
- One comment on the 30 August 2022 post expressed frustration that land sold off for housing wouldn’t be affordable and rates would go up.
- One comment on the 30 August 2022 post implied that Council did not care about parks and reserves citing the Huia Street Reserve (corner Fitzherbert Avenue and Park Rd) decision.
3.7 Hearings:
Hearings for the proposal to change part of Adderstone Reserve to housing will be heard on 30 November 2022.
Submitters to Plan Change G, who expressed a view on Adderstone Reserve, and have also indicated that they wished to be heard, will be contacted by staff and invited to speak at the hearing on the 30 November 2022, if they want to speak specifically on the partial reserve disposal component of their submission.
4. NEXT STEPS
4.1 Review the oral submissions for new, changed or expanded points.
4.2 Confirm iwi views on the proposal.
4.3 Consider the matters raised, and any new matters presented in the hearings, and report back to Council with a recommendation for a final decision.
5. Compliance and administration
Does the Council have delegated authority to decide? |
Yes |
|
Are the decisions significant? |
No |
|
If they are significant do they affect land or a body of water? |
|
|
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 |
|
In considering the 2021 Housing Capacity Assessment, Council adopted the recommendations including “9.3 … investigate opportunities to re-purpose reserves for housing”. Council is required to consult and consider any objections to a proposal to uplift a reserve status as per the Reserves Act 1977 section 25. |
||
The recommendations contribute to Goal 2: A Creative and Exciting City Goal 1: An Innovative and Growing City |
||
The recommendations contribute to the achievement of action/actions in Active Communities and City Growth The actions are: The Active Communities Plan: Administer the Reserves Act 1977. The City Growth Plan contains an action to investigate the reuse of underutilised Council and government land for housing. |
||
Contribution to strategic direction and to social, economic, environmental and cultural well-being |
The summary of submissions on the proposal to dispose of part of Adderstone Reserve highlights that there are competing strategic drivers. |
|
1. |
Adderstone Reserve Consultation information package ⇩ |
|
TO: Council
MEETING DATE: 30 November 2022
TITLE: Appointment of Council Representatives to External Bodies
Presented By: Grant Smith, The Mayor
APPROVED BY: Donna Baker, Acting Chief Executive Unit Manager
1. That Council approve the Mayor’s recommendations for the appointment of Council representatives to external bodies (Attachment 1).
2. That Council approve the Mayor’s recommendation for the appointment of Cr Pat Handcock as the liaison councillor for Villages and Rural Communities.
1. ISSUE
1.1 At the beginning of each Council term, on the recommendation of the Mayor, Council appoints elected members to represent Council on different bodies.
1.2 These bodies can include:
· community groups,
· community trusts,
· project steering groups or
· other local authority groups (such as committees or advisory groups managed by Horizons Regional Council).
1.3 Attachment 1 contains the Mayor’s nominated councillor(s) for each body for the 2022-25 triennium.
2. BACKGROUND
2.1 In order for Council to maintain effective partnerships with a number of organisations, representatives of council, usually elected members, sit on various committees and forums of external bodies. Representation on external bodies enables the sharing of information and effective collaboration between the body and Council to occur.
2.2 The Council’s Appointment of Directors and Trustees Policy[2] outlines the term of appointment, remuneration and process of appointment to external bodies. Appointments are for the council term though members can resign from a role if necessary. Council representatives receive no additional remuneration for this work, though expenses might be available for attendance of events as detailed in the Expenses & Allowances Policy 2022.
2.3 The workload of Council representatives varies between bodies with some expecting monthly attendance at meetings or community events and others meeting less frequently.
2.4 All Elected Members expressed their interest to represent Council on the various groups to the Mayor, who subsequently collated these expressions of interest and nominated councillor(s) to fill each vacancy (Attachment 1).
2.5 The following council steering groups included in Attachment 1 have a Terms of Reference that allow for fewer members than proposed. These will need to be updated to match the structure of the new term and the current environment. It should be noted that the Arena Masterplan review process is underway,[3] the result of which may impact the scope of a steering group. Officers will take the opportunity to review the Terms of Reference to make sure they are fit for purpose and up to date and present a draft back to Council.
· Arena Masterplan Steering Group
· Palmerston North City Housing Steering Group
· Victoria Esplanade User Group
The Mayor has also recommended the creation of three new steering groups to manage the following council projects:
· Civic and Cultural Master Plan
· Streets for People and
· Nature Calls Adaptive Management[4]
A draft Terms of Reference for each of these three new groups will be presented in the new year alongside appointments to these bodies.
3. Appointment of Liaison Councillor to Village and Rural Communities
The Mayor has recommended a liaison councillor be appointed to ensure residents of Ashhurst, Bunnythorpe, Linton and Longburn have continued interaction with councillors. He has nominated Cr Pat Handcock to this position to attend relevant meetings.
4. NEXT STEPS
4.1 Officers will inform the various bodies of their newly appointed council representative(s).
4.2 Revised and new Terms of Reference for the above council steering groups (refer to 2.5) will be reported to Council in early 2023.
4.3 Officers will advertise the two community vacancies on the Performing Arts Trust and will report back to Council in early 2023.
5. Compliance and administration
Does the Council have delegated authority to decide? |
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 5: A Driven & Enabling Council |
||
The recommendations contribute to the achievement of action/actions in Governance and Active Citizenship The action is: Ongoing review of governance systems and structures to support Council’s effectiveness and reputation |
||
Contribution to strategic direction and to social, economic, environmental and cultural well-being |
Appointment to external bodies builds effective partnerships and encourages greater collaboration and communication between council and community groups.
|
|
1. |
Appointments to External Bodies ⇩ |
|
TO: Council
MEETING DATE: 30 November 2022
TITLE: 4-Month Performance and Financial Report - Period Ending 31 October 2022
Presented By: Cameron McKay, Chief Financial Officer and Andrew Boyle, Head of Community Planning
APPROVED BY: Cameron McKay, Chief Financial Officer
David Murphy, Chief Planning Officer
Sarah Sinclair, Chief Infrastructure Officer
1. That Council receive the memorandum titled ‘4-Month Performance and Financial Report – Period Ending 31 October 2022’ for information
2. That Council approve a new programme titled Three Water Services Reform Transition and a budget for 2022/23 is added, increasing both operating revenue and operating expenses by $825,000, as outlined in the Three Waters Services Reforms section of Appendix 9.
3. That Council approve the adjustments to operating activities re-allocating $2 million remuneration saving and re-allocating overheads associated with the re-organisation of the Infrastructure Unit that separated 3 waters from roading as outlined in Appendix 9, noting these do not change the total budget.
1. ISSUE
To provide an update on the performance and financial achievements of the Council for the period ending 31 October 2022.
To request some capital and operating budget adjustments.
2. BACKGROUND
Details of operating and financial performance are included in the attached report, with further information provided through the appendices to the report.
Information on the requests for budget changes are outlined in Appendix 9.
3. NEXT STEPS
The next performance and financial report will be provided after the end of the December 2022 quarter.
4. Compliance and administration
Does the Council have delegated authority to decide? |
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? |
No |
|
Are the recommendations inconsistent with any of Council’s policies or plans? |
No |
|
The recommendations contribute to Goal 5: A Driven & Enabling Council |
||
The recommendations contribute to the achievement of action/actions in (Not Applicable) The action is: to enable Council to exercise governance by reviewing financial performance and operating performance and provide accountability for these to the public. |
||
Contribution to strategic direction and to social, economic, environmental and cultural well-being |
As above
|
|
1. |
Performance and Financial Report to Council October 2022 ⇩ |
|
2. |
Appendix to Performance and Financial Report to Council
October 2022 ⇩ |
|
TO: Council
MEETING DATE: 30 November 2022
TITLE: Review of the Palmerston North Sections of the 2018 Manawatū-Whanganui Regional Sport Facility Plan (LTP programme 1916)
Presented By: Julie Macdonald, Strategy & Policy Manager
APPROVED BY: David Murphy, Chief Planning Officer
1. That Council note that the ‘Review of Palmerston North Sections of the 2018 Manawatū-Whanganui Regional Sport Facility Plan’ (Attachment 1) will be finalised and brought back to the Council as part of the review of the whole Regional Sport Facility Plan in 2023.
2. That Council note that the planning approaches and recommendations in Attachment 1 will inform advice on sports facilities’ decision-making.
1. ISSUE
The review of the Palmerston North sections of the 2018 Manawatū-Whanganui Regional Sport Facility Plan (RSFP) has now been completed by Recreation, Sport, and Leisure Consultancy (RSLC). It provides an up-to-date and independent basis to inform Council’s future decisions about sports facility provision (see Attachment 1).
The report will remain in draft form until the full RSFP review is concluded, to allow for:
· Consideration of Palmerston North-focused findings into the full RSFP review;
· The findings of this review to be socialised with sport and recreation sector stakeholders and to incorporate any further feedback from representatives;
· The incorporation of the results from various national facility strategy reviews currently underway.
The diagram below summarises the review process since the RSFP was endorsed in 2018.
2. BACKGROUND
2018 RSFP
The 2018 RSFP provides a high-level strategic framework for sport and recreation facility planning and development across the region. Importantly, it provides a mechanism for regional coordination of sport and recreation facility provision, overseen by Sport Manawatū. The RSFP process is needed because regional sports facilities are often costly projects involving a wide range of stakeholders.
Council endorsed the RSFP in August 2018, including adopting the investment decision-making process to help assess all potential facility projects. The steps are:
At each stage there is an opportunity for stakeholders to move an idea forward, reject it, or re-visit and enhance the concept. Financial decisions about facility development are made by Council through the LTP process.
Council has now used the investment decision-making process to guide research and investigation on facility needs and feasibility for several proposals: an artificial football turf (PR – 1906 & 1133), a covered artificial bowling green (PR – 1891) and a regional gymsports facility.
Review of the Palmerston North Sections of the 2018 Manawatū-Whanganui Regional Sport Facility Plan (Attachment 1)
Council consistently receives requests from the community to develop new or improved sports facilities. Approximately half of the submissions to the 2021-31 10-year plan were about sports facility provision.
These requests prompted Council to approve a programme in year one of the LTP to review the Palmerston North sections of the RSFP before a review of the whole Plan. The reason for carrying out the city-focused review was to provide the Council with updated information to lead into assessments on aquatic facilities (PR-1899) and indoor sports (PR-1912).
The review (Attachment 1) involved the consultant team using various engagement methods (including surveys, workshops and interviews) to update information in the 2018 RSFP. Engagement with the sector has provided a platform to understand first-hand the current and future facility needs faced by the City’s sporting community. Elected members participated in a workshop led by RLSC in May 2022.
3. KEy recommendations from the review of the Palmerston north specific sections of the RSFP
The review has comprehensively examined the City sections of the RSFP. A key outcome of this work (among other recommendations) has been to identify prioritised actions for future sports facility planning and development:
1. Identification of prioritised actions for facility developments
These priorities have been based on:
· an analysis of the key facility issues raised by stakeholders;
· the use of previously accepted benchmark data alongside population projections;
· membership and participation levels.
Sport facility type |
High priority sport facility development - recommended planning approaches |
Aquatics
|
• Proceed with the planned review of the aquatics network in Palmerston North. Considerations should include: o Outcomes of the National Aquatic Facilities Strategy review. o Covering the outdoor 50m pool at the Lido Aquatic Centre for winter use. o Investigating additional permanent pool space for Palmerston North, in particular: Ø Lane pool (min. 2m depth) Ø Warm water pool (hydrotherapy) Ø Additional leisure pool space
|
Multi-use indoor venues
|
• Investigate the re-application of court markings for Fly Palmy Arena, to increase the ability for community sporting codes to access this space on a regular basis. • Proceed with the planned indoor courts preliminary feasibility study/needs assessment and explore the following areas: o PNCC policy settings in relation to community use and access to CETA indoor courts. o Any guidance emerging from the updated Sport NZ Indoor Sport and Active Recreation Facilities Strategy. o Formation of a facility hirer advisory group.
|
Specialist indoor venues
|
• Support Manawatū Gymsports to progress planning for a regional gymnastics facility in Palmerston North. |
Sports fields
|
• Invest in an additional artificial turf. |
Water sport facilities
|
• Consider the provision of outdoor water sport facilities as part of the planned review of the aquatics network.
|
Traditional Māori activities
|
• Work with Rangitāne to integrate traditional Māori activities into spaces that are re-developed.
|
See Section 8 pages 45-46 of Attachment 1 for more detail.
2. Provision of additional City-specific criteria for the investment decision-making process
a. Address inequalities in access and opportunities to participate in sport in Palmerston North.
b. Share resources and facilities with other organisations and or the wider community.
c. Focus on increasing the engagement of Palmerston North residents in sport and recreation.
d. Support those activities with future growth potential. This would include existing activities and enable newer codes that have potential to receive support.
See Section 6.3 page 35-36 of Attachment 1 for more detail.
3. Recommended sports facility planning approaches
a. Optimisation and partnership - the Council should strive to foster partnerships with third party providers and optimise the use of all existing facilities before developing new assets.
b. Facility participation and data - decision-making on the future facility network requires robust, consistent data to determine actual and likely future demand.
See Section 8 pages 43-44 of Attachment 1 for more detail.
4. NEXT STEPS
The review will help guide future sports facility planning advice and decision-making including:
a) Informing the update of the Arena Master Plan (2017) and planned needs assessment for aquatic facilities and water-based recreation.
b) Implementing the recommendations in the Community Places research (reported to Council in September 2022).
c) Reviewing facility operational practices and partnership arrangements with providers of sports facilities.
d) Engaging further with representatives from the sport and recreation sector (e.g. organisations, Clubs), iwi, other Councils in the region and non-Council providers of sports facilities on the proposed planning approaches for priority facility development.
e) Reviewing the relevant planning approaches related to activities involving key partners, including Rangitāne o Manawatū and Sport Manawatū.
The preliminary findings of this review will now be socialised with the sport and recreation sector for feedback.
5. Compliance and administration
Does the Council have delegated authority to decide? |
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 recommendations contribute to the achievement of action/actions in Active Communities The action is: Review the Palmerston North city - specific aspects of the Regional Sports Facilities Plan |
||
Contribution to strategic direction and to social, economic, environmental and cultural well-being |
The RSFP endorsed by Council in 2018 has guided sports facility planning for the Council. The review of the City sections of the RSFP, carried out this year under LTP programme 1916, has provided clearer direction particularly for prioritising sport facility planning and development actions. The review provides an up-to-date and independent basis to inform Council’s future decisions about sports facility provision linking to its strategic direction and the four well-beings. |
|
1. |
Review of Palmerston North Sections of the 2018
Manawatū-Whanganui Regional Sport Facility Plan ⇩ |
|
TO: Council
MEETING DATE: 30 November 2022
TITLE: Proposal to grant a lease at 5 Andrew Avenue to The Scout Association of New Zealand
PRESENTED BY: Bryce Hosking, Group Manager - Property
APPROVED BY: Sarah Sinclair, Chief Infrastructure Officer
1. That Council notify the public of the intention to grant a lease on 5 Andrew Avenue, Palmerston North to The Scout Association of New Zealand, in accordance with Section 54 of the Reserves Act 1977.
2. That Council note the land area affected by the lease to the Scout Association of New Zealand is described as part of Lot 2 DP 52257.
Summary of options analysis for
Problem or Opportunity |
The Scout Association of New Zealand has been operating their Roslyn Scout Group from 5 Andrew Avenue, Palmerston North since 1957. The formal land lease with The Scout Association on the 747m2 site at 5 Andrew Avenue expired in June 2016 and they have been operating on a month-by-month lease since. Council officers have continued to contact the Scouts since this time and The Scout Association has now requested a new lease so they can continue to operate from the site long term. The Scout Association of New Zealand own their building, Council only leases the land to them. As the leased land is reserve land, any new lease is subject to the requirements of the Reserves Act 1977. This includes public notification of Council’s intention to grant a new lease on the reserve. This report requests approval to commence the public notification process in accordance with Section 54 of the Reserves Act 1977. |
OPTION 1: |
Notify the public of Council’s intention to approve the proposal to grant a lease to the existing tenant at 5 Andrew Avenue, Palmerston North in accordance with Section 54 of the Reserves Act 1977. |
Community Views |
· Community views will be sought during the public notification period. |
Benefits |
· The Scout Association of New Zealand has been operating from the Andrew Avenue site since 1957. Entering into a further lease agreement will provide a continuation of service to the community and members. · The community views will be understood to inform the decision and any objections considered as required under the Reserve Act 1977. |
Risks |
· No risks are identified. |
Financial |
· Cost of public notification will be minor. |
OPTION 2: |
Do not enter a lease with The Scout Association of New Zealand. |
Community Views |
· Community views will not be sought. |
Benefits |
· The land would be vacated for another community use. Council would then follow the process under 5.5.1(b) of the Support and Funding Policy 2022. |
Risks |
· The Scout Association will not be able to continue to provide the existing recreation and education activities to the community at this location. · The Scouts would be required to remove or sell their building as they would no longer have a lease. · Council may be perceived as not supporting the activities of The Scout Association. |
Financial |
· Council staff time would be required to assist with the process of requiring the building sale or removal as well as for the community engagement process for re-leasing the site to another for purpose organisation. |
Rationale for the recommendations
1. Overview of the problem or opportunity
1.1 The formal land lease with The Scout Association on the 747m² site at 5 Andrew Avenue expired in June 2016 and they have been operating on a month-by-month lease ever since. The Scout Association of New Zealand own their building, Council only leases the land to them.
1.2 Council officers have remained in communication with the Scouts since this time and The Scout Association has now requested a new lease so they can continue to operate from the site long term.
1.3 The lease request is subject to Council’s Support and Funding Policy 2022 and the requirements of the Reserves Act 1977.
1.4 This report requests approval to commence the public notification process in accordance with Section 54 of the Reserves Act 1977.
2. Background and previous council decisions
2.1 The original 21 year lease was granted to The Scout Association of New Zealand in 1957.
2.2 In 1980 the Scout Association requested a new lease of a further 21 year term so they could continue occupation of the land. This was approved by Council at the time.
2.3 In 2006 the Scout Association requested a new lease for ten (10) years. Subsequently a new ten-year lease was agreed. This lease expired on 30 June 2016.
2.4 Since 1 July 2016 the Scout Association have been occupying the site on a month-to-month basis. The Scout Association has now requested a new lease so they can continue to operate from the site long term.
3. STRAtEGIC FIT
Support and Funding Policy
3.1 The Support and Funding Policy provides a framework for how Council will deliver support and funding to groups, organisations and individuals to achieve the vision of the city.
3.2 One form of support within the policy is to allow for-purpose groups to occupy, and operate out of, Council-owned property for sporting, recreational, community/social services, and educational purposes, at community rental rates.
3.3 All for-purpose groups expressing an interest in occupying Council-owned property, either for a new occupancy or renewal of existing occupancy, must complete an application form. The application is then assessed by Council Officers to ensure they meet the criteria of a for-purpose organisation before proceeding any further.
3.4 The Scout Association of New Zealand have been assessed by Council officers and they meet the eligibility criteria of a for-purpose organisation under Council’s Support and Funding Policy. A copy of the Scout’s application form is attached as Attachment 1.
Policy for the Use of Public Space
3.5 Alongside the Support and Funding Policy, the Policy for the Use of Public Space contains several criteria for assessment of applications to use public space. A copy of the application assessment is attached as Attachment 2.
4. LAND STATUS
4.1 The legal description and status of the land is:
Title |
Reserve Status |
Comment |
Lot 2 DP 52257 |
Recreation Reserve |
The land occupied is separate to but shares a driveway access with Norton Park and the Roslyn Kindergarten. |
5. The proposal
5.1 The proposed lease area is approximately 747m2 and situated at 5 Andrew Avenue, Palmerston North edged in red as shown in Figure One.
5.2 The proposed annual rent is to be $50.00 excluding GST and outgoings. This is consistent with the rental framework in Council’s Support and Funding Policy 2022.
5.3 The proposed term is five (5) years, with a right of renewal for a further five (5) years.
5.4 If a new lease is entered, the use of the site will remain the same as the existing use.
Figure One: Proposed lease area
6. LEASING POWERS UNDER RESERVES ACT
6.1 Section 54(1)(b) of the Reserves Act 1977 allows for an administering body to:
‘lease to any voluntary organisation part of the reserve for the erection of stands, pavilions, gymnasiums, and, subject to sections 44 and 45, other buildings and structures associated with and necessary for the use of the reserve for outdoor sports, games, or other recreational activities, … which lease shall be subject to the further provisions set out in Schedule 1 relating to leases of recreation reserves issued pursuant to this paragraph:
provided that a lease granted by the administering body may, with the prior consent of the Minister given on the ground that he or she considers it to be in the public interest, permit the erection of buildings and structures for sports, games, or public recreation not directly associated with outdoor recreation.’
6.2 ‘Necessary’ is not interpreted as requiring that all or even most visitors or users of the reserve need/want to use the service or activity provided under the lease. Reserves often have activities on them that only some of the visitors to the reserve use.
6.3 The proposal would see the continued use of the reserve by the Manawatū Model Engineering Club. The lease does not alter the current user experience or change the existing capacity for other activities.
7. IMPACT ON THE LOCALITY AND PARK OPERATIONS
Aesthetics
7.1 The Scout Association exists on the site currently. There are no additional impacts from continuing occupation of the lease site.
Security
7.2 The Scout Association will be responsible for their building and track security.
Cleaning and offensive litter
7.3 The Scout Association is responsible for managing litter within their leased area.
Vegetation
7.4 No trees or shrubs would be required to be removed.
Car parking
7.5 Existing car parking is available. No new effects are created in approving a new lease.
Affected parties
7.6 Parties identified include:
· Members of the Roslyn Scouts
· Neighbouring residents and tenants
· Local community
· Rangitāne o Manawatū
· Park users
8. RESERVES ACT 1977 CONSIDERATIONS
8.1 Section 17(1) of the Reserves Act 1977 defines the purpose of recreation reserves as:
‘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.’
Officer comment: The Scout Association is providing a youth/scouting organisation to the local community. It is undertaken in people’s leisure time and contributes to the community. This activity is consistent with the purpose of recreation reserves.
8.2 Section 17(2) requires:
a) The public shall have freedom of entry and access to the reserve, except for the ability to lease areas under Section 54.
Officer comment: The area is proposed to be leased under Section 54 and therefore public access is not required.
b) Where scenic, historic, archaeological, biological, geological, or other scientific features or indigenous flora or fauna or wildlife are present on the reserve, those features or that flora or fauna or wildlife shall be managed and protected to the extent compatible with the principal or primary purpose of the reserve.
Officer comment: No trees or vegetation are required to be removed by the proposal.
c) Those qualities of the reserve which contribute to the pleasantness, harmony, and cohesion of the natural environment and the better use and enjoyment of the reserve shall be conserved.
Officer comment: The Scout Association, as an existing activity present since 1957, will not negatively impact the existing pleasantness and enjoyment of the reserve.
d) To the extent compatible with the principal or primary purpose of the reserve, its value as a soil, water, and forest conservation area shall be maintained.
Officer comment: The proposed lease will not impact on soil, water and forest conservation.
9. GIVING EFFECT TO THE PRINCIPLES OF THE TREATY OF WAITANGI
9.1 The Reserves Act 1977 is subject to Section 4 of the Conservation Act and requires that administering bodies under the Reserves Act 1977 give effect to the principles of the Treaty of Waitangi.
9.2 Rangitāne o Manawatū representatives have considered the proposal. Rangitāne are comfortable with the proposal and happy for it to proceed.
10. DESCRIPTION AND ANALYSIS OF OPTIONS
Option One: Notify the public of Council’s proposal to grant a lease to the existing tenant at 5 Andrew Avenue, Palmerston North in accordance with Section 54 of the Reserves Act 1977.
10.1 Council must give people the opportunity to object and be heard before deciding to grant a lease as per Sections 119 and 120 of the Reserves Act 1977.
10.2 After considering feedback Council can then decide to enter a formal lease with the Committee.
Option Two: Do not enter a lease with The Scout Association of New Zealand
10.3 The Scout Association of New Zealand will need to cease operation of the site and remove their building. The flow-on from this would be that they are not able to continue provide their existing miniature railway activities for the community.
10.4 There is a risk that Council will be perceived as not supporting the activities of the Roslyn Scouts.
10.5 Given this option sees the lease being discontinued, the public would not get the opportunity to provide any feedback on the matter.
11. Conclusion
11.1 The proposal is consistent with the purposes of recreation reserves as the Scout Association of New Zealand is a facility supporting public recreation and enjoyment of the reserve at 5 Andrew Avenue, Palmerston North.
11.2 Public notification on the proposal will provide opportunities for submissions and objections to be made before a decision is made, fulfilling the requirements of the Reserves Act.
11.3 It is recommended Council proceed to public notification.
12. Next actions
12.1 Public notification of the proposal to grant the lease, seeking submissions and objections.
12.2 Provide the opportunity for any submitters that wish to be heard to speak to Council.
12.3 Consider the objections and submissions and provide advice to Council on whether to accept, modify or decline the lease proposal.
13. Outline of community engagement process
13.1 The proposal does not change the existing use of the reserve land and is unlikely to engender strong public interest.
13.2 The proposed consultation meets the public notification requirements of the Support and Funding Policy 2022 and the Reserves Act – a minimum of one-month period advertised in the Manawatū Standard and include the proposal to lease on Councils website.
14. Compliance and administration
Does the Council have delegated authority to decide? |
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 recommendations contribute to the achievement of action/actions in Active Communities The action is: Council supports a variety of clubs and organisations through consistent and transparent lease arrangements at parks and reserves and community centres. |
||
Contribution to strategic direction and to social, economic, environmental and cultural well-being |
The recommendation is in line with Council's Support and Funding policy, which seeks to support community groups to deliver benefits responding to cultural, economic, environmental and social well-being of the city. |
|
1. |
Lease Application Form - Scout Association - Roslyn Scouts ⇩ |
|
2. |
Assessment of Lease Proposal - Scout Association - Roslyn
Scouts ⇩ |
|
TO: Council
MEETING DATE: 30 November 2022
TITLE: Proposal to grant a lease at 53 Waldergrave Street to Te Hā o Hine-ahu-one Palmerston North Women's Health Collective Incorporated
PRESENTED BY: Bryce Hosking, Group Manager - Property
APPROVED BY: Sarah Sinclair, Chief Infrastructure Officer
1. That Council notify the public of the intention to grant a lease at 53 Waldegrave Street, Palmerston North to Te Hā o Hine-ahu-one Palmerston North Women's Health Collective Incorporated.
2. That Council note the land area affected by the lease to Te Hā o Hine-ahu-one Palmerston North Women's Health Collective Incorporated is described as Lot 2 DP 84727.
Summary of options analysis for
Problem or Opportunity |
Te Hā o Hine-ahu-one Palmerston North Women's Health Collective Incorporated has been operating from 53 Waldegrave Street, Palmerston North since June 2009. The formal lease is for both the land and building expired in June 2022 and they have been operating on a month-by-month lease since. Council officers have continued to contact the Women’s Health Collective since this time, and they have now requested a new lease so they can continue to operate from the site long term. Council’s Support and Funding Policy directs that when leased land to for-purpose organisations comes available or a lease is expired, it is to be publicly advertised to seek interested parties. This report seeks Council’s approval to commence the public notification process for their preferred option. |
OPTION 1: |
Notify the public of the intention to grant a lease to the existing tenant at 53 Waldegrave Street, Palmerston North. |
Community Views |
· Community views will be sought during the public notification period. |
Benefits |
· The Women’s Health Collective has been operating from the Waldegrave Street site since 2009. Entering into a further lease agreement will allow for the tenant to continue to provide a safe space for all women and children in the Palmerston North Community. · The community views will be understood to inform the decision to grant a new lease. |
Risks |
· No risks are identified. |
Financial |
· Costs of public notification will be minor. · The Women’s Health Collective will continue to pay $350 per annum in rental. |
OPTION 2: |
Do not enter a lease with Te Hā o Hine-ahu-one Palmerston North Women's Health Collective Incorporated. |
Community Views |
· Community views will not be sought |
Benefits |
· Council could decide to use the building for another purpose if it so desired, although no alternative use has ever been identified. |
Risks |
· The Women’s Health Collective will not be able to continue to provide their support and services to the community. · The Women’s Health Collective would be required to vacate the premises and would have to try find alternative premises which may not be possible. · Council may be perceived as not supporting the activities and services being provided from the Women’s Health Collective. |
Financial |
· The annual rental of $350 + GST currently being received would no longer be received. |
Rationale for the recommendations
1. Overview of the problem or opportunity
1.1 Te Hā o Hine-ahu-one Palmerston North Women's Health Collective Incorporated has been operating from 53 Waldegrave Street, Palmerston North since June 2009.
1.2 The formal lease is for both the land and building expired in June 2022 and they have now requested a new lease so they can continue to operate from the site long term.
1.3 Council’s Support and Funding Policy directs that when leased land to for-purpose organisations comes available or a lease is expired, it is to be publicly advertised to seek interested parties.
1.4 This report seeks Council’s approval to commence the public notification process for their preferred option.
2. Background and previous council decisions
2.1 Te Hā o Hine-ahu-one Palmerston North Women’s Health Collective is governed by a group of women who want to make a difference in their community providing information and support on a wide range of women’s health and welfare issues.
2.2 Council owns the land and buildings which are occupied by the Women’s Health Collective with all maintenance and renewals of the building being undertaken by Council.
2.3 The original lease granted to PN Women’s Centre Incorporated (their legal entity at the time) in 2009 was for a three (3) year term.
2.4 PN Women’s Centre were then granted a new lease in 2012 for a five (5) term with one right of renewal, which was exercised on 1 July 2017, and expired on 30 June 2022.
3. Strategic fit
Support and Funding Policy
3.1 The Support and Funding Policy provides a framework for how Council will deliver support and funding to groups, organisations and individuals to achieve the vision of the city.
3.2 One form of support within the policy is to allow for-purpose groups to occupy, and operate out of, Council-owned property for sporting, recreational, community/social services, and educational purposes, at community rental rates.
3.3 All for-purpose groups expressing an interest in occupying Council-owned property, either for a new occupancy or renewal of existing occupancy, must complete an application form. The application is then assessed by Council officers to ensure they meet the criteria of a for-purpose organisation before proceeding any further.
3.4 Te Hā o Hine-ahu-one Palmerston North Women’s Health Collective have been assessed by Council officers and they meet the eligibility criteria of a for-purpose organisation under Council’s Support and Funding Policy. A copy of the application form from the Women’s Health Collective is attached as Attachment 1.
Policy for the Use of Public Space
3.5 Alongside the Support and Funding Policy, the Policy for the Use of Public Space contains several criteria for assessment of applications to use public space. A copy of the application assessment is attached as Attachment 2.
4. land status
4.1 The legal description and status of the land is:
Titles |
Status |
Lot 2 DP 84727 |
Residentially Zoned |
4.2 Please note: As the land is residentially zoned the Reserves Act does not apply to this matter, however, as the Women’s Health Collective is a for-purpose organisation, the process under Council’s Support and Funding Policy 2022 still applies.
5. The proposal
5.1 The proposed lease area is for the land and building situated at 53 Waldegrave Street, Palmerston North, edged in red as shown in Figure One.
5.2 The proposed annual rent is $350.00 plus GST and outgoings. This is consistent with the rental framework in Council’s Support and Funding Policy 2022.
5.3 The term of the proposed new lease is five (5) years with a right of renewal of another five (5) years.
5.4 If a new lease is entered, the use of the site will remain the same as the existing use.
Figure One: Proposed lease area
6. Analysis of options
Option One: Notify the public of the intention to grant a lease to the existing tenant at 53 Waldegrave Street, Palmerston North.
6.1 Council must give people the opportunity to provide a submission and be heard before deciding to grant a lease as per the process within the Support and Funding Policy 2022.
6.2 After considering feedback Council can then decide to enter a formal lease with the Women’s Health Collective.
Option Two: Do not enter a lease with Te Hā o Hine-ahu-one Palmerston North Women's Health Collective Incorporated.
6.3 Te Hā o Hine-ahu-one Palmerston North Women's Health Collective Incorporated will need to cease operation of the site. The flow-on from this would be that they are not able to continue provide their existing community services and would have to try find alternative premises, which may not be possible.
6.4 There is a risk that Council may be perceived as not supporting the activities and services being provided from the Women’s Health Collective if this option was taken.
6.5 Given this option sees the lease being discontinued, the public would not get the opportunity to provide any feedback on the matter.
7. Conclusion
7.1 Te Hā o Hine-ahu-one Palmerston North Women's Health Collective have been occupying the site since 2009, providing information and support on a wide range of women’s health and welfare issues.
7.2 Public notification on the proposal will provide opportunities for any submissions and objections to be made before a decision is made which is consistent with the process within the Support and Funding Policy 2022.
7.3 It is recommended Council proceed to public notification and consultation period.
8. Next actions
8.1 Public notification of the proposal to grant the lease, seeking submissions and objections.
8.2 Provide the opportunity for any submitters that wish to be heard to speak to Council.
8.3 Consider the objections and submissions and provide advice to Council on whether to accept, modify or decline the lease proposal.
9. Outline of community engagement process
9.1 The proposal does not change the existing use of the council land and building and is unlikely to engender strong public interest.
9.2 As such, the proposed consultation is to meet the public notification requirements of the Support and Funding Policy – a one-month period advertised in the Manawatu Standard, and Palmerston North City Council website.
10. Compliance and administration
Does the Council have delegated authority to decide? |
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 3: A Connected and Safe Community |
||
The recommendations contribute to the achievement of action/actions in Connected Communities The action is: Lease Council land and facilities to for-purpose organisations in line with the Community Funding policy |
||
Contribution to strategic direction and to social, economic, environmental and cultural well-being |
The recommendation is in line with Council’s Support and Funding Policy which supports community groups to deliver benefits responding to cultural, economic, environmental and the social well-being of the city.
|
|
1. |
Lease Application Form - Te Hā o Hine-ahu-one
Palmerston North Women's Health Collective Inc. - 53 Waldegrave Street ⇩ |
|
2. |
Assessment of Lease Proposal - Te Hā o Hine-ahu-one
Palmerston North Women's Health Collective Incorporated ⇩ |
|
TO: Council
MEETING DATE: 30 November 2022
TITLE: Proposal to grant a lease on 53A and 55A Totara Road, Palmerston North to Manawatu Archery Club Incorporated
PRESENTED BY: Bryce Hosking, Group Manager - Property
APPROVED BY: Sarah Sinclair, Chief Infrastructure Officer
1. That Council either:
a. Notify the public of the intention to grant a lease on both 53A and 55A Totara Road, Palmerston North to Manawatu Archery Club Incorporated;
b. Notify the public of the intention to grant a new lease on 55A Totara Road, Palmerston North to Manawatu Archery Club Incorporated, and publicly advertise the opportunity to lease the land under the building at 53A Totara Road, Palmerston North to seek applications from for-purpose organisations; or
c. Do not enter a land lease on either 53A or 55A Totara Road, and both areas are vacated.
Summary of options analysis for
Problem or Opportunity |
The Manawatu Archery Club have held a land lease on the land situated at 53A Totara Road, Palmerston North since March 2013. This lease is due for expiry in March 2023. The Scouts Association of New Zealand have held a land lease at 55A Totara Road since 2006 on which they have erected a building. This was a ten (10) year lease which expired in 2016. They have been on a month-by-month tenancy ever since. In 2016 when the Scout’s land lease expired, The Scouts ceased using their building at 55A Totara Road, and effectively sub-leased to the Archery Club who then started using the facility exclusively in a private arrangement between the two parties. This was not approved by Council at the time. The Archery Club now wishes to purchase the building from the Scout Association and formally lease the land lease area under this building from Council, in additional to their other lease area. The Archery Club then intends to invest into the building to make improvements. Council’s Support and Funding Policy directs that when leased land to for-purpose organisations comes available or a lease is expired, it is to be publicly advertised to seek interested parties. This report seeks Council’s approval to commence the public notification process for their preferred option. |
OPTION 1: |
Notify the public of the intention to grant a lease on both 53A and 55A Totara Road, Palmerston North to Manawatu Archery Club Incorporated. |
Community Views |
· Community views will be sought during the public notification period. · As the Manawatu Archery Club has been operating from the site since 2013, this matter is likely to be viewed positively as Council supporting an existing for-purpose organisation. |
Benefits |
· This option is the preferred option for the Manawatu Archery Club and the Scout Association of New Zealand. · This option creates the least disruption to the current operations on both 53A and 55A Totara Road, and should a lease be granted, will provide a continuation of the Archery Club’s services to the community and members in the same capacity as it is currently. · Should a lease be granted, the Archery Club can purchase the building and enable them to invest in the building for improvements. The Scouts have confirmed their preference is to sell to the Archery Club. · Any other for-purpose organisation would need to purchase the building from the Scout Association as the lease would only be for land only, this option would avoid this confusion as the Archery Club have already agreed to this. |
Risks |
· This would not be explicitly following the process in the Support and Funding Policy 2022. The policy directs that the land under the building should be publicly advertised to seek any interested parties as it is being surrendered by the Scout Association. Instead this option would be treating the Manawatu Archery Club as the incumbent of both locations given them first right on both sites. · There may be another for-purpose organisation who would like to lease the site and purchase the building. This option may be perceived as a decision already having been made despite the consultation. |
Financial |
· Cost of public notification will be minor. · The Archery Club will continue to pay $150 per annum in rental, however, the $150 per annum currently being received from the Scout Association would no longer be received. |
OPTION 2: |
Notify the public of the intention to grant a new lease on 55A Totara Road, Palmerston North to Manawatu Archery Club Incorporated, and publicly advertise the opportunity to lease the land under the building at 53A Totara Road, Palmerston North to openly seek applications from for-purpose organisations. |
Community Views |
· Community views will be sought during the public notification period. · As the Manawatu Archery Club has been operating from the site since 2013, this matter may be perceived as causing unnecessary disruption to their operations. |
Benefits |
· This option would directly align to the process outlined in the Support and Funding Policy 2022. · The land under the building could be made available for another community use and organisation which may not currently have an exclusive location in the city. |
Risks |
· The Scouts may not be willing to sell to any other party which would create a risk for any other for-purpose organisation wanting to occupy the land. · As the Manawatu Archery Club has been operating from the site since 2013, should Council wish to lease the land under the building to another party, this option may be perceived as not supporting the activities of the Archery Club and for causing unnecessary disruption to their operations. · Any other for-purpose organisation would need to purchase the building from the Scout Association as the lease would be for land only, this may cause confusion. · This option creates uncertainty for the Scout Association and the Archery Club as the outcome of the consultation will not be known until any applications to lease the land under the building are considered by Council. |
Financial |
· Cost of public notification will be minor; however, additional staff time would be required to assess, collate and present the applications of any interested parties in the land lease under the building. · The Archery Club will continue to pay $150 per annum in rental for their archery range, whether any additional peppercorn rental will be received will be determined by who secures the land lease under the building. |
OPTION 3: |
Do not enter a land lease on either 53A or 55A Totara Road, and both areas are vacated. |
Community Views |
· Community views will not be sought. |
Benefits |
· The land would be vacated for another community use. Council would then follow the process under 5.5.1(b) of the Support and Funding Policy 2022. |
Risks |
· The Archery Club will not be able to continue to provide the existing recreation and education activities to the community at this location. · The Scouts would be required to remove or sell their building as they would no longer have a lease. · Council may be perceived as not supporting the activities of the Archery Club who have been established on the site for some time and for causing unnecessary disruption to their operations. · This option would not be maximising the utilisation of leasable Council land. |
Financial |
· The combined $300 of annual rental currently being received from the Scout Association and Archery Club would no longer be received. · Council staff time would be required to assist with the process of requiring the building sale or removal as well as for the community engagement process for re-leasing the site to another for-purpose organisation. |
Rationale for the recommendations
1. Overview of the problem or opportunity
1.1 The Manawatu Archery Club’s land lease on the land situated at 53A Totara Road is due to expire in March 2023. This site is being used as the club’s archery range.
1.2 The Scouts Association of New Zealand have a land lease, which they erected a building on, at 55A Totara Road which expired in 2016 and has been a month-by-month tenancy ever since.
1.3 In 2016 when the Scout’s land lease expired, the Scouts ceased using their building and effectively sub-leased to the Archery Club who then started using the facility exclusively as their club rooms. This was a private arrangement between the two parties and was not approved by Council, nor were Council officers aware of the arrangement until recently.
1.4 Whilst Council encourages for-purpose groups to share their buildings where appropriate to maximise their use, their lease specifies that they are unable to sub-lease to any other party for exclusive use without Council consent. As this arrangement was not approved by Council, it could be considered a minor breach of lease.
1.5 That said, the Archery Club is also a recreationally based organisation so the activities being undertaken from the building were not far departed from those of the Scouts. In addition, both parties have confirmed that the arrangement was not for commercial gain, with the Archery Club paying the $150 rental amount to Scouts which was then on-paid to Council.
1.6 The Archery Club now wishes to purchase the building from the Scout Association and formally lease the land area under the building from Council, in addition to their current lease area. The Archery Club then intends to invest into the building to make improvements.
1.7 Council’s Support and Funding Policy directs that when leased land to for-purpose organisations comes available or a lease is expired, it is to be publicly advertised to seek interested parties.
1.8 This report seeks Council’s approval to commence the public notification process for their preferred option.
2. Background and previous council decisions
2.1 Council owns an industrially zoned block of land that runs between Totara and Tip Roads. This is leased out to several for-purpose organisations, two of which are the Manawatu Archery Club and The Scout Association of New Zealand. Council only owns the land, with the individual organisations owning their respective buildings and improvements.
2.2 The Manawatu Archery Club have held a land lease on the land situated at 53A Totara Road, Palmerston North since March 2013. They have a ten (10) year lease which expires in March 2023.
2.3 The Scouts Association of New Zealand have held a land lease at 55A Totara Road since 2006 on which they have erected a building. This was also a ten (10) year lease which expired in 2016. They have been on a month-by-month tenancy ever since.
3. strategic fit
Support and Funding Policy
3.1 The Support and Funding Policy provides a framework for how Council will deliver support and funding to groups, organisations and individuals to achieve the vision of the city.
3.2 One form of support within the policy is to allow for-purpose groups to occupy, and operate out of, Council-owned property for sporting, recreational, community/social services, and educational purposes, at community rental rates.
3.3 All for-purpose groups expressing an interest in occupying Council-owned property, either for a new occupancy or renewal of existing occupancy, must complete an application form. The application is then assessed by Council officers to ensure they meet the criteria of a for-purpose organisation before proceeding any further.
3.4 The Manawatu Archery Club have been assessed by Council officers and they meet the eligibility criteria of a for-purpose organisation under Council’s Support and Funding Policy. A copy of the Scout’s application form is attached as Appendix 1.
4. land status
4.1 The legal description and status of the land is:
Titles |
Status |
Lot 1 DP 40375 and Pt Lot 2 DP 2003 |
Industrially Zoned |
4.2 Please note: As the land is industrial zoned the Reserves Act does not apply to this matter, however, as the Archery Club is a for-purpose organisation, the process under Council’s Support and Funding Policy 2022 still applies.
5. the proposal
5.1 The proposal is to re-lease the area currently being used by the Archery Club as an archery range (53A Totara Road), along with formally including the land under the old scout hall building (55A Totara Road) which has been occupied by the Archery Club since 2016.
5.2 The lease area of 53A Totara is approx. 14,000m2, the lease area of 55A is approx. 300m2.
5.3 The proposed annual rent is to be $150.00 excluding GST and outgoings. This is consistent with the rental framework in Council’s Support and Funding Policy 2022.
5.4 The proposed term on each site would be five (5) years, with a right of renewal for a further five (5) years commencing in March 2023.
5.5 If a new lease is entered, the use of the site is likely to remain the same as the existing use.
Figure 1: Proposed lease areas – Archery range in red, building area in blue
6. description and Analysis of options
Option 1: Notify the public of the intention to grant a lease on both 53A and 55A Totara Road, Palmerston North to Manawatu Archery Club Incorporated.
6.1 This option provides the highest degree of certainty to the Archery Club and the Scout Association and is their preferred option. In addition, this option creates the least amount of disruption to the Archery Club.
6.2 This would not be explicitly following the process in the Support and Funding Policy 2022. The policy directs that the land under the building should be publicly advertised to seek any interested parties as it is being surrendered by the Scout Association. Instead, this option would be treating the Manawatu Archery Club as the incumbent lessee of both locations giving them first right on both sites.
Option 2: Notify the public of the intention to grant a new lease on 55A Totara Road, Palmerston North to Manawatu Archery Club Incorporated, and publicly advertise the opportunity to lease the land under the building at 53A Totara Road, Palmerston North to openly seek applications from for-purpose organisations.
6.3 This option would directly align with the process outlined in the Support and Funding Policy 2022.
6.4 The outcome of the consultation may still result in the Archery Club successfully obtaining a lease of the land under the building; however, it does create more uncertainty of this as Council could consider a different organisation to be more suitable.
6.5 That said, as the building is not owned by the Council, this adds extra complexity for any new for-purpose organisation wanting to lease the land under the building as they would need to acquire it.
6.6 Option 3: Do not enter a land lease on either 53A or 55A Totara Road, and both areas are vacated.
6.7 Whilst Option 3 is a valid option, it provides a poor overall outcome for the site as not only would the Archery Club be ceasing their operations, the option would not be maximising the utilisation of leasable Council land as it would sit vacant.
7. Conclusion
7.1 There is a demand of lease space from a range of for-purpose organisations in the city and the building formerly occupied by the Scout Association may be of interest to several of these organisations. This is one of the benefits of the Support and Funding Policy leasing process directing public consultation when leased spaces become available.
7.2 However, given the existing longstanding use of the Scout’s building and leased area by the Archery Club as a key part of their operation, this does add an extra layer of complexity for Council to consider.
7.3 Options 1 and 2 provide the opportunity for public notification of the proposal will provide opportunities for submissions and objections to be made before a decision is made which will assist with Council’s decision-making.
7.4 Whilst Option 3 is a valid option, it provides a poor overall outcome for the site. As such it is recommended Council proceed with either Option 1 or 2.
8. Next actions
8.1 Public notification of the proposal to grant the lease, seeking submissions and objections.
8.2 Provide the opportunity for any submitters that wish to be heard to speak to Council.
8.3 Consider the objections and submissions and provide advice to Council on whether to accept, modify or decline the lease proposal.
9. Outline of community engagement process
9.1 The proposal does not change the existing use of the reserve land and is unlikely to engender strong public interest.
9.2 The proposed consultation meets the public notification requirements of the Support and Funding Policy 2022 and the Reserves Act – a minimum of one-month period advertised in the Manawatū Standard and include the proposal to lease on Councils website.
Compliance and administration
Does the Council have delegated authority to decide? |
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 recommendations contribute to the achievement of action/actions in Active Communities The action is: Council supports a variety of clubs and organisations through consistent and transparent lease arrangements at parks and reserves and community centres. |
||
Contribution to strategic direction and to social, economic, environmental and cultural well-being |
The recommendation is in line with Council's Support and Funding policy, which seeks to support community groups to deliver benefits responding to cultural, economic, environmental and social well-being of the city.
|
|
1. |
Lease Application Form - Manawatu Archery Club - Totara Road
⇩ |
|
TO: Council
MEETING DATE: 30 November 2022
TITLE: Council Work Schedule
1. That the Council receive its Work Schedule dated 30 November 2022.
COUNCIL WORK SCHEDULE 30 NOVEMBER 2022 |
|||
Estimated Report Date |
Subject |
Officer Responsible |
Date of Instruction
& |
7 December 2022 |
Progress and outcomes of Programme 2041 – Accessibility Assessment. |
Chief Infrastructure Officer |
Community Development 8 June 2022 Clause 13-22 |
14 December 2022 |
Addressing Homelessness - (Night Shelter) Update Report |
Chief Customer Officer |
Community Development |
14 December 2022 |
Annual Presentation - Disability Reference Group |
Chief Customer Officer |
Community Development |
14 December 2022 |
Annual Report |
Chief Financial Officer |
Terms of Reference |
14 December 2022 |
Wastewater Treatment Plant Consent – report re tasks required and budgets needed to progress work after consent lodgement |
Chief Infrastructure Officer |
Finance & Audit 28 September 2022 |
14 December 2022 |
Investigate the level of community demand for recreation and community use with a view to retaining Panako Park and the Girl Guide Hall for community use. |
Chief Customer Officer |
Planning & Strategy 10 August 2022 |
June 2023 |
Remits received from other Territorial Authorities |
Assistant Chief Executive |
Council 24 June 2020 Clause 67-20 |
[1] Totals do not equal the number of submissions as some submissions had more than category of answer
[2] Part 2.1 – Page 11
[3] Paper presented to the Planning and Strategy Committee in April 2022 and actions agreed by Council on 4 May 2022 note that the Masterplan review include a workshop, held 23 November 2022 and reporting through to committee with final approval to sit with Council.
[4] To advise on the adaptive management strategy which forms part of the consent.