Maniototo Community Leases

Agenda Paper

Maniototo Community Board

Thursday, 6 August 2020

Commencing at 2.00pm

Meeting Room, Ranfurly Service Centre, 15 Pery Street, Ranfurly

www.codc.govt.nz

A WORLD OF DIFFERENCE CENTRAL OTAGO DISTRICT COUNCIL

MANIOTOTO COMMUNITY BOARD

NOTICE is hereby given that a meeting of the Maniototo Community Board will be held in the Meeting Room, Ranfurly Service Centre, 15 Pery Street, Ranfurly on Thursday, 6 August 2020, commencing at 2.00pm.

MEMBERS: R Hazlett (Chair), M Harris (Deputy), S Duncan, D Helm and S Umbers

APOLOGIES:

IN ATTENDANCE: S Jacobs (Chief Executive Officer), L Macdonald (Executive Manager – Corporate Services), J Muir (Executive Manager - Infrastructure Services), L van der Voort (Executive Manager – Planning and Environment), S Righarts (Chief Advisor), M Adamson (Policy Advisor), J Remnant (Property and Facilities Officer – Maniototo), R Williams (Governance Manager) and W McEnteer (Governance Support Officer)

AGENDA

20.4.1 Condolences 7

20.4.2 Confirmation of Minutes 8-15

RECOMMENDED that the minutes of the meeting of the Maniototo Community Board held on 25 June 2020 be received and confirmed as a true and correct record.

20.4.3 Declaration of Interest 16

Members are reminded of the need to be vigilant to stand aside from decision making when a conflict arises between their role as a member and any private or other external interest they might have.

20.4.4 Community Leasing and Licencing Policy (Doc ID 450822) 17-28

Attached is a report from the Policy Advisor to seek feedback from the Board on the draft Community Leasing and Licencing Policy.

RECOMMENDED that the report is received and its resolutions adopted. 20.4.5 Chair’s Report 29

RECOMMENDED that the Chair’s report be received.

20.4.6 Members’ Reports 30

RECOMMENDED that the Members’ reports be received.

20.4.7 Governance Report (Doc ID 450599) 31-33

Attached is a report from the Governance Support Officer for the Board to receive updates on ongoing projects not captured in status reports.

RECOMMENDED that the report be received.

20.4.8 Status Report on Resolutions 34-41

Attached is a report from Governance Support Officer to provide an update on resolutions.

RECOMMENDED that the report be received.

20.4.9 Date of the Next Meeting 42

The date of the next scheduled meeting is Thursday, 17 September 2020. THE BOARD IN CLOSED MEETING

In accordance with section 48(1) 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 (or sections 6, 7 or 9 of the Official Information Act 1982, as the case may be), it is

RECOMMENDED:

A. That the public is excluded from:

• The following parts of the proceedings of this meeting, namely: item 20.4.10

The general subject of the matters to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds for excluding the public, as specified by s 48(1) of the Local Government Official Information and Meetings Act 1987, are set out below:

Meeting Item Reason for excluding the Grounds for excluding the public No. and public subject 20.4.10 The premature disclosure of To carry on, without prejudice or Status Report the financial information disadvantage, negotiations (including would detrimentally affect the commercial and industrial negotiations) Council’s position in the (s 7(2)(i)). negotiations. THE BOARD IN OPEN MEETING

RECOMMENDED that the public be readmitted. 20.4.1 Condolences

7 CENTRAL OTAGO DISTRICT COUNCIL

MANIOTOTO COMMUNITY BOARD

MINUTES of a meeting of the Maniototo Community Board held in the Meeting Room, Ranfurly Service Centre, 15 Pery Street, Ranfurly on Thursday, 25 June 2020, commencing at 2:03 pm.

PRESENT: R Hazlett (Chair), M Harris (Deputy), S Duncan, D Helm and S Umbers

IN ATTENDANCE: His Worship the Mayor T Cadogan, S Jacobs (Chief Executive Officer), J Muir (Executive Manager - Infrastructure Services), L van der Voort (Executive Manager – Planning and Environment), N Aaron (Community Development Officer), J Remnant (Property and Facilities Officer - Ranfurly), M Alford (Acting Roading Manager), L Stronach (Property Officer – Statutory), R Williams (Governance Manager) and W McEnteer (Governance Support Officer)

20.3.1 Condolences

The Chair referred to the death of Steve McLaren. Members stood and observed a minute’s silence as a mark of respect.

20.3.2 Confirmation of Minutes

It was moved (Duncan/Harris):

That the Board receives and confirms the minutes of the meeting of the Maniototo Community Board held on 14 May 2020 as a true and correct record.

Motion carried

20.3.3 Declaration of Interest

Members were reminded of their obligations in respect of declaring any interests. There were no additional declarations of interest.

20.3.4 Maniototo Community Grant Applications 2019-20 Financial Year Unconfirmed(Doc ID 447662) A report from the Community Development Officer to receive and evaluate applications received to the 2019-20 financial year Maniototo Community

8 General Grants Fund and to determine the grant allocation to each applicant had been circulated.

It was moved (Duncan/Umbers):

That the Board:

Receives the report and accepts the level of significance.

Approves a grant request of $2,500 for the Otago Goldfields Heritage Trust Heritage Sites Review.

Requested: $2,500 Approved $2,500

Motion carried

20.3.5 Request to Lease Patearoa Gravel Reserve Land (PRO 64-5113-00)

A report from the Property Officer - Statutory to consider a request to lease the gravel reserve on Aitken Road, Patearoa had been circulated.

It was moved (Duncan/Harris):

That the Board:

Receives the report and accepts the level of significance.

Approves the granting of a lease over the Patearoa Gravel Reserve on the following terms and conditions:

 Rental: $500 plus GST per annum  Term: Five Years  Right of renewal: One

Subject to the applicants:

 Keeping the land tidy and stock-proofing the boundary fences,  Not constructing any improvements on the reserve,  Providing Council with unimpeded access as required

Authorises the Chief Executive to do all that is necessary to give effect to the resolution

Motion carried

20.3.6 Lease of Kyeburn Reserve (Doc ID: 446033)

UnconfirmedA report from the Property and Facilities Officer – Ranfurly to determine ownership of the Kyeburn Hall and consider leasing the Kyeburn Reserve to the Kyeburn Hall Committee had been circulated.

9 It was moved (Helm/Umbers):

That the Board:

Receives the report and accepts the level of significance.

Agrees to formally acknowledge that the Kyeburn Hall is owned by the Kyeburn Hall Committee.

Agrees to recommend that Council grants the Committee a lease pursuant to Section 61 (2A) of the Reserves Act 1977, on the following terms:

1. Permitted use: Community Hall 2. Term: 33 years 3. Rights of Renewal: None 4. Land Description: Sec 20 Blk VII Maniototo SD 5. Area: 0.4837 hectares 6. Rent: $1.00 per annum if requested

Subject to the Kyeburn Hall Committee:

1. Becoming an Incorporated Society 2. Being responsible for all outgoings, including utilities, electricity telephone, rubbish collection, rates and ground maintenance.

Motion carried

20.3.7 Maniototo Carparking Restrictions (Doc ID 447603)

A report from the Acting Roading Manager to review parking restrictions in the Maniototo Ward had been circulated.

The Board discussed whether there was a need for parking restrictions in Ranfurly, or not. It was felt that demand did not warrant restrictions at this stage.

It was moved (Duncan/Umbers):

That the Board:

Receives the report and accepts the level of significance.

Recommends to Council that there is no change to existing restrictions.

Motion carried

20.3.8 Status Report on Resolutions Unconfirmed A report from the Governance Support Officer to provide the Board with an update on resolutions had been circulated.

10 It was moved (Umbers/Harris):

That the Board receives the report.

Motion Carried

20.3.9 Mayor’s Report

His Worship the Mayor spoke to his report, which had been circulated with the agenda.

It was moved (Duncan/Harris):

That the Board receives the Mayor’s report.

Motion carried

20.3.10 Chair’s Report

Mr Hazlett reported on the following:

 Mr Carey had been in touch and wanted an acknowledgement that the Board had accepted his concerns. It was agreed that a letter would be sent in response.  Mr Hazlett had met with a number of the organisers of the deliveries and welfare checks that took place during lockdown to acknowledge their efforts. He raised the issue of the trees on the reserve by the Wedderburn Hall. It was mentioned that the Council had work scheduled and that the Parks department would follow up.  He had an email conversation with the Parks Officer – Projects in regards to the gardens in Charlemont Street by the carpark and asked that the Board be kept in the loop on this issue.

It was moved (Hazlett/Duncan):

That the Board receives the Chair’s report.

Motion carried

20.3.11 Members’ Reports

Ms Umbers reported on the following:

 Ms Umbers reported that all the poplar saplings in the domain had been taken out. Unconfirmed The large sheds on Launceston Place were raised and it was noted that staff had begun to look at the issue and work through an appropriate response.  Ms Umbers asked if there was an update on the Planetary System on the Rail Trail.

11 Mr Harris had nothing to report

Mr Helm reported on the following:

 Mr Helm reported on the snow conditions on the road to Palmerston and a number of instances of local farmers needing to rescue motorists stranded on that road. He queried whether there was a contact at the New Zealand Transport Authority that could be called to discuss when to close the road.  Commented that rugby had returned last Saturday and mentioned that a good crowd had attended to show support. He also made comment that the ground looked good and acknowledged the work there with the irrigation system.

Councillor Duncan reported on the following:

 Mentioned that it was good to be back at meetings in person.  Commented that it was time to start thinking about the ten year plan and what should be the focus for the future.  Acknowledged those people from the Maniototo recently named in the Queens Birthday honours.  Councillor Duncan made mention of the economic slowdown taking place and hoped that Central Otago would not be hit too hard. There was comment around shovel ready projects that have been submitted to central government. He wished to acknowledge staff for their work in this space.  He was heartened to see more tourism returning to the Maniototo and mentioned that future bookings for the Rail Trail were looking strong.

It was moved (Duncan/Helm):

That the Board receives the Members’ reports.

Motion carried

20.3.12 Date of the Next Meeting

The date of the next scheduled meeting is Thursday, 6 August 2020.

Unconfirmed

12 THE BOARD IN CLOSED MEETING

In accordance with section 48(1) of the Local Government Official Information and Meetings Act 1987 and the particular interests protected by section 7 of that Act,

It was moved (Umbers/Duncan):

That the public be excluded from the following part of the proceedings of the meeting, namely item 20.3.13

Meeting Item Reason for excluding the Grounds for excluding the public No. and public subject

20.3.13 The premature disclosure of To carry on, without prejudice or Status Report the financial information disadvantage, negotiations (including would detrimentally affect the commercial and industrial negotiations) Council’s position in the (s 7(2)(i)). negotiations.

Motion carried.

The public were excluded at 3:29pm.

Unconfirmed

13 THE BOARD IN OPEN MEETING

It was moved (Umbers/Harris)

That the public be readmitted.

Motion carried

The public was readmitted at 3:34 pm.

The meeting closed at 3:34pm

…………………………………………………………………….. CHAIR / /

Unconfirmed

15 Name Member’s Declared Interests Spouse/Partner’s Declared Interests Council Appointments Stuart Duncan Wedderburn Cottages (Owner) Wedderburn Cottages (Owner) Otago Regional Transport Committee Dairy Farm (Owner) Patearoa Recreation Reserve Committee McLaren's Machinery (Owner) Design and Location of the Sun for the Interplanetary Cycle Fire and Emergency New Zealand (member) Trail Working Group JD Pat Ltd (Shareholder and Director) Mark Harris Maniototo Lions (member) Patearoa Water Scheme Liaison Committee Ranfurly Curling Club (member) Robert Hazlett D S Hazlett & Sons (Director) Taieri Lake Recreation Reserve Committee

Duncan Helm Maniototo Rugby Club (Life member) Nurse Manager at Maniototo Hospital Sassenachs Rugby Club (member) Garibaldi Curling Club (member) St John Ambulance (Officer and Committee member) Sheep and beef farm (owner) Gimmerburn Cemetery (Committee member) Sue Umbers Maniototo Health Services Maniototo Community Arts Council

Maniototo Community Board 6 August 2020

Report for Decision

Community Leasing and Licencing Policy (Doc ID 450822)

1. Purpose of Report

To seek feedback from the Board on the draft Community Leasing and Licencing Policy.

------

Recommendations

That the Community Board:

A. Receives the report and accepts the level of significance.

B. Recommends to Council that the draft Community Leasing and Licencing Policy be approved for public consultation.

------

2. Background

The Central Otago District Council provides leases and licences to over 40 community groups in the district. Rental fees charged on these agreements are usually set well below market rate and act as a subsidy to groups, empowering them to contribute to their local communities. These agreements have historically been for long periods of time and have provided community groups with stability and security.

This review into community leases and licences has come from a desire to increase consistency in the way Council offers land or buildings to community groups. There is currently no set structure to the way in which leases and licences are issued and consequently, there are many different rental methodologies and tenure arrangements in use.

The scope of review on the draft policy has been limited to agreements with community groups. It excludes commercial agreements and residential tenancies, as well as easements. The short-term hire of council facilities has also been excluded as these are covered by the annual fees and charges as part of the Annual Plan. Limiting the scope of this policy recognises the unique priorities in place when entering into agreements with community groups.

Report author: Policy Advisor 17

3. Discussion

The draft policy has been developed through desk top research of other council policies, an audit of existing leases to community groups, and discussions with staff. Central to the draft policy is a desire to provide an equitable framework for occupancy of council property which serves to empower community groups.

A key factor has been balancing the desire for added fairness with the need to not create barriers to participation or threaten the financial viability of community groups. It also recognises that a more efficient system of administering community lease and licence agreements is needed while acknowledging that accountability and transparency is required when groups are having rent subsidised through ratepayer funds.

Features of the draft policy

Eligibility The eligibility criteria set out a definition of a community group for the purpose of the policy. Groups must be non-profit and any funds they do generate are reinvested into their own activities or the wider community. Groups must be open to all those who may want to participate and must not set participation fees at a level that would exclude most people.

The eligibility criteria has been worded in this way to encourage maximum participation in community activities, as well as maximise use of council facilities.

Assessment criteria Assessment criteria have been introduced to aid the assessment of competing applications and determine a group’s suitability. The criteria examine both the structure of the group and the nature of its activities, as well as the level of community support for the group and its initiatives.

Supporting the assessment criteria are a series of guiding questions designed to aid in its interpretation. The criteria and questions have been structured in a way to ensure that the groups and activities supported through community lease and licence agreements reflect council priorities and support community wellbeing.

Expressions of interest This section creates a general rule that where council land becomes available for tenure, an expression of interest process will be held. It is hoped that doing this will increase transparency and raise awareness of the opportunities available for community groups. Applications made outside of an expression of interest process would be publicly notified if it was considered in the public interest to do so.

The draft policy allows for expressions of interest to be targeted towards particular community groups in certain circumstances. Typically, this would be limited to circumstances where there is an identified community need for a particular type of activity or service, or where a site is set up in a way that strongly enables a particular type of activity.

Report author: Policy Advisor 18 Fee determination It is proposed to continue the practice of setting rents at concessional rates but to implement a consistent methodology for all new agreements. The proposed method of setting rent uses 2.5% of a group’s subscription income (after deducting affiliation fees) to determine the annual amount. This method is recommended as it captures a share of fees paid by members while excluding money a group gathers to belong to a regional or national body. This is a common methodology used by other councils and does not seek to charge groups based on other forms of income, such as fundraising.

This method is the best way to achieve equity among groups without threatening their financial viability. This method is recommended in preference to evaluating groups’ total annual income, recognising that many groups at one time may be fundraising for improvements; and it is considered undesirable for Council to negative impact a group’s fundraising efforts.

Peppercorn rentals were also considered as a rental method. While these have historically been popular, they often do not reflect a group’s ability to pay, nor do they reflect the different levels of benefit received under different agreements. There has been a trend away from peppercorn rentals by councils in recent years.

It is proposed that the annual rental figure is reviewed every 5 years according to the method described above. This would be calculated as an average over the group’s financial statements for the previous 5 years and would be approved by the Chief Executive. This is designed to increase efficiency and recognises that rent reviews would happen according to the methodology in the policy which would have been agreed to by Council.

Tenure framework Rents to community groups have often been for long periods of time, sometimes for more than 30 years. The review recognises that security of tenure is important to groups and provides them a platform to be able fundraise, invest and grow their activities. To support this, a standard term of 15 years with a further right 15 year right of renewal is proposed.

An exception to this length of tenure would be where the land has been identified as having a potential alternative use through a Council strategic document (e.g. Cromwell Masterplan). In these situations, the starting point would be 5 years with a further 5 year right of renewal. This is in order to allow Council to respond to changing land use requirements and accommodate future growth.

The draft policy contains some examples of where it may be necessary to increase or decrease the rental term in a particular case.

4. Options

Option 1 – (recommended)

Refer the draft Community Leasing and Licencing Policy to Council for approval.

Report author: Policy Advisor 19

Advantages: • Allows a process for public consultation on the subject. • Creates a consistent framework for future agreements. • Provides greater fairness among community groups. • Some groups would see a decrease in their annual rent under the proposed model.

Disadvantages: • May create initial uncertainty if a new system is introduced • Will require additional staff time to implement. • Some groups would see an increase in their annual rent under the proposed model.

Option 2

Decline to refer the draft Community Leasing and Licencing Policy to Council for approval.

Advantages: • Avoids any unintended consequences of changing how community leases and licences are administered.

Disadvantages: • The benefit to some groups of reduced rent under the proposed model would not be realised. • Ad hoc agreements would likely continue. • Removes an opportunity to create a more equitable regime.

5. Compliance

Local Government Act 2002 This decision enables democratic local Purpose Provisions decision making and action by and on behalf of the community. It preserves the current community board delegations for decisions on leases. It also promotes the social, cultural, economic, and environmental wellbeing of the community – in the present and for the future – by offering land and buildings in an equitable way and at less than market rate to a range of community groups. Financial implications: Is this This decision is consistent with current decision consistent with proposed budgets. Any changes to rental fees will activities and budgets in long term only affect new agreements and are plan/annual plan? minor in nature. Decision consistent with other The draft policy is consistent with Council plans and policies, such existing Council plans and policies. as the District Plan, Economic Reserve management plans will be Development Strategy, etc? applied in conjunction with the draft

Report author: Policy Advisor 20

policy where appropriate. Considerations as to sustainability, Applicants for community leasing and the environment and climate licencing agreements must be able to change impacts show that their proposed activities do not have the potential to cause environmental harm. Risk Analysis There are no significant risks associated with this decision. Significance, Consultation and This will require consultation as per the Engagement (internal and external) Significance and Engagement Policy. It directly impacts on Council’s relationship with community leaseholders and concerns the use of ratepayer funds to subsidise rent for community groups.

6. Next Steps

1. 4 August – 13 August – Present draft policy to Community Boards for feedback. 2. 26 August – Present draft policy to Council for feedback and to approve draft for consultation. 3. 27 August - 18 September – Public submission period. 4. 7 October – Hearings (if required) and written submissions presented. 5. 18 November – Final policy adopted.

Attachments Appendix 1: Draft Community Leasing and Licencing Policy Appendix 2: Maniototo Community Leases

Report author:

Matt Adamson Louise van der Voort Policy Advisor Executive Manager - Planning and Environment 15/07/2020 23/07/2020

Report author: Policy Advisor 21

Community Leasing and Licencing Policy Team and Department: Property and Facilities Document ID#: 443691

Approved by: Council Resolution Effective Date: xxx 2020 Next Review: xxx 2023

Purpose: To provide a consistent and equitable framework for community leases and licences of council-owned property and facilities. Objectives: This policy has been established to achieve the following aims: • To ensure that the granting of occupancy is fair, accessible and responsive to community needs • To establish consistent guidelines by which community groups may occupy council land and buildings for sporting, recreational, community services and educational purposes • To strengthen communities through offering land and buildings at concessional rentals (e.g. less than market rate). Scope: This policy applies to all community leases and licences over council owned land and buildings. The provisions of this policy will be applied to existing agreements where they allow or where aspects of the existing agreement are silent or ambiguous. This policy does not apply to the following: • Residential tenancies • Commercial leases and licences • Easements • Short term hiring of council facilities (Note: These are covered by the Council’s Fees and Charges). Definitions: Affiliation fees Any money paid by a group to belong to a regional or national association. Lease An agreement where the Council grants the tenant the right to exclusive use of a defined area (‘leased area’) as set out in the lease, which may include the whole or part of a council-owned building and/or land.

Licence An agreement where the Council grants the tenant the non-exclusive right to use a defined area (‘licensed area’) as set out in the licence, which may include the whole or part of a council-owned building and/or land. Open membership Membership is open to all persons able to use a group’s services and willing to accept the responsibilities . of membership without gender, social, racial, political or religious discrimination Subscription income Money paid by members of a group on a periodic basis to belong to the group. Tenant

A person or group to which an agreement is made. Policy: Eligibility Community lease and licence agreements may be granted to community groups undertaking community activities. The following criteria apply: • Groups must be non-profit organisations or associations of people who have the primary aim of working to provide services, benefits and recreation to the community; • Any funds a group generates must be used to maintain and develop the organisation to support its community services and activities; • Groups must have open membership criteria; and • Restrictions are not imposed by groups such as setting membership or participation fees at a level that exclude most people who might want to participate. A group can apply for ground or premises agreement. Ground agreements are applicable where the Council owns the land and the group owns the building. Premises agreements are applicable where the Council owns the land and buildings. Assessment Criteria The following assessment criteria will be applied when assessing applications and renewals in order to determine suitability for granting community leases and licences • The group’s purpose and activities must be consistent with the Council’s strategic direction

o Key questions: What is the group’s purpose? What additional benefits will the proposal bring to the community? • The group must be an incorporated society or trust

o Key questions: How does the group spend the money it raises and what happens to any surplus? What additional benefits will the proposal bring to the community? • The group must be sustainable in terms of membership and/or users for the term of agreement

o Key questions: Is there evidence that the group’s membership numbers and trends justify the proposal? Is there an open membership policy?

• The group must be in a financial position to fulfil its obligations under the agreement

o Key questions: How does the group fund its activities? Is there evidence that the group is able to afford to meet the obligations of occupying the land/building? • The land and buildings must be utilised to the fullest extent possible

o Key questions: How often will the building be used and what activities are planned? What alternatives have been considered by the group and why have they been rejected? Is there potential for the group to share facilities with other existing occupants? • The activity must not have the potential to adversely affect open space values or cause environmental harm

o Key questions: Is the activity consistent with relevant legislation and any applicable reserve management plans? Is there a potential for adverse environmental effects to be caused by the activity? If yes, how will these be mitigated? • There must be demonstrated support and need within the community for the activity

o Key questions: Is there demonstrated support from the wider community and those expected to benefit from the activity? Are similar activities to the one being proposed, delivered by other facilities that are accessible to the group and the wider community? Each application will be considered on its merits by council staff who will make recommendations to the relevant Community Board or the Council for approval. In the case of lease renewals, a brief evaluation of the assessment criteria will be used to check that the: • Lease will continue to be consistent with the Council’s objectives; and • Terms and conditions of the previous lease were met. Unless there is evidence that the above are not met to a significant extent, a renewed lease will be offered to the lessee. If the activity that the lease was originally granted for has changed significantly, the Council may require an application for a new lease. Expressions of Interest Generally for council owned or controlled land available for tenure, an Expression of Interest (EOI) process is conducted to determine the most suitable occupant or user of the land. In some instances the Council may target EOIs to particular community organisations that meet specific community needs.

The Council will assess all applications against this policy and any additional eligibility and assessment criteria specified in the EOI documentation to select a suitable occupant or user. If a suitable occupant or user is not identified the Council may determine not to grant tenure to any applicant.

Where applications are made outside of an EOI process, the Council will publicly notify the availability of the land in question if it is considered to be in the public interest to do so. Public Notification The Reserves Act 1977 contains exceptions to the public notification requirements set out in sections 119 and 120 of the Act. The exception applies if the proposed agreement conforms with the approved management plan for the reserve, or if the proposed agreement is subject to a resource consent that was notified under section 93(2) of the Resource Management Act 1991.

The availability of a site not classified as a reserve may be publicly notified where it is considered that the occupation of the site is of broader public interest. Fee Determination Community leases will be offered at concessional rates which are, by their very nature, set significantly below the potential market rent. The difference between these rates is effectively a subsidy provided by the Council to groups which assists the Council in achieving its desired community outcomes. Annual rentals will be calculated at 2.5% of the tenants subscription income less any affiliation fees. This will be calculated over the most recent 5 years the group has filed a financial statement. Where a group does not have 5 years of financial statements, the rental fee will be calculated as an average over the financial statements that are available. This rental fee shall apply for the first 5 years of an agreement or until a rent review is completed. Rent reviews shall occur every 5 years and will apply the formula of 2.5% of subscription income less any affiliation fees. This will be calculated as an average based on the tenants most recent 5 years of financial statements. Rent reviews shall be authorised by the Chief Executive Officer. The tenant is required to submit a copy of their financial statements to the Council to assist with this. The Council will consider proposals for community leases and licences of endowment land. The Council is required to rent endowment land at market rates. To mitigate this, the tenant may apply for a grant from the relevant Community Board to subsidise the cost of their agreement to the level of 2.5% of the groups subscription income less affiliation fees. Tenure Framework The standard length of lease and licence agreements shall be 15 years with a further 15 year right of renewal. The exception to this is where the land or buildings in question have been identified in Council strategic documents or plans as having a potential alternative use. In these cases, the standard length of agreement will be 5 years with a further 5 year right of renewal. The Council reserves the right to terminate an agreement with six months’ notice, if it requires part or whole of the occupied area for other activities. In all cases, a shorter tenure may be granted in circumstances not limited to the following: • The life expectancy of the building is less than the standard tenure applicable • A shorter tenure is required by a management plan • The group requests a shorter tenure. A longer tenure may be granted if groups amalgamate, share facilities or where a significant investment has been or is going to be made which results in land and/or buildings being utilised to their fullest extent possible. Standard Terms and Conditions: Allocation of Responsibilities The following table outlines standard tenant responsibilities in relation to: • Utilities • Rates

• Building insurance • Structural maintenance • Non-structural maintenance

Energy and Rates Building Structural Non-structural water Insurance maintenance maintenance

Council-owned Tenant Tenant Council Council Tenant land/buildings

Community- Tenant Tenant Tenant Tenant Tenant group owned buildings

Rooms within Council Council Council Council Council council building*

* Where a tenant occupies a room in a council building, a service charge will be incurred. The service charge will represent a fair portion of utility costs incurred by the tenant’s activities. Subleasing Tenants may not transfer, sublet, or dispose of their interest in a lease without prior written approval from the Council. Subleasing will only be considered where the sublessee and its activities comply with the policy, applicable legislative requirements and management plans. If the land is classified as a reserve, the sublessee’s activities must enhance the primary purpose of the land. If a lessee is given approval to enter into a sublease, the lessee will be responsible for: • Preparing the sublease and associated costs • Obtaining approval of the sublease agreement • Recovery of all fees and charges associated with the sublease • Providing the Council with an executed copy of the sublease agreement. Additions and Alterations Where a tenant wishes to erect any new building or improvement or alter any existing building or improvement, landowner approval must be obtained from council staff whether the building or improvement is council-owned or not. Landowner approval must be obtained prior to seeking any approval from the Council in its regulatory capacity.

Where an agreement is nearing expiry, has expired or is terminated by either party, and it has been decided that a new lease will not be granted to the existing lessee, any buildings or structures owned by the lessee: • May be removed by the lessee; or • May revert to Council ownership, if the Council wishes to accept ownership; or • May be transferred to another community or recreation group.

Maintenance All buildings and structures must be maintained to a standard that meets the requirements of legislation relating to buildings (such as the Building Act 2004). In addition, all buildings, structures and vegetation should be kept in a tidy condition and must not detract from the environment. Vegetation must not become a hazard to personal safety. Fees and Charges Groups are liable for all legal costs and expenses relating to the preparation of a renewal or any variation of lease and any other associated costs including, but not limited to, advertising, surveying and obtaining resource consent. The Council will not charge for the reasonable use of council staff time. Use of fields, grounds and facilities for sporting competitions, tournaments or other events are provided for separately and are subject to Council’s annual fees and charges and booking processes. Relevant Legislation: Property Law Act 2007 Reserves Act 1977 Resource Management Act 1991 Related Documents: Grants Policy 2019 Reserve Management Plans

27 Maniototo Community Leases Lessee Current Rent 2.5 % Subs (Less affiliation) Maniototo Ice Rink $50.00 $32.75 Manitototo Curling $200.00 $65.43 Naseby Golf Club $286.00 $145.68 Patearoa Campground $1.00 $1.00 Ranfurly Rugby Club $1.00 $1.00 Waipiata Bowling Club $1.00 $55.03

28 20.4.5 Chair’s Report

29 20.4.6 Members’ Reports

Maniototo Community Board 6 August 2020

Report for Information

Governance Report (Doc ID 450559)

Purpose of Report To provide updates on ongoing projects not captured in status reports. ------

That the Board receives the report. ------

Report Back from Combined Central Otago Lions Duathlon Committee The organising committee of the Combined Central Otago Lions Duathlon reported their thanks for the recent financial support of the Maniototo Community Board.

Letter for Donald Carey A letter from the Chair was sent to Donald Carey regarding his concerns about the possible cycle track to Patearoa.

Attachments 1. Letter of thanks received 6 July 2020 2. Letter to Donald Carey

Report author:

Wayne McEnteer Governance Support Officer 5/08/2020

Report author: Governance Support Officer

31 32

20 July 2020

Donald Carey 998 Kyeburn-Hyde Road Kokonga Ranfurly, 9397

Dear Donald,

Thank you for your email and for bringing your concerns to the public forum at a recent meeting of the Maniototo Community Board. This letter is to update you on your concerns regarding the potential cycleway to Patearoa.

As mentioned in my previous email to you, there has been no formal proposal received by Council or this Board about a proposed bike trail to Patearoa. If one is received in the future, the proposal will be judged on its merits, including assessing the details of the proposal and its feasibility. As part of this, the Council will carry out a consultation process, which will include input from all potential affected parties, including you.

I note your concerns about the geographic area included within the Patearoa and Upper Taieri Community-led Plan. Community plans are not like a town or district plan with defined and prescriptive boundaries. The intent of community plans is to gather ideas that build community well-being. As previously discussed, community plans are not community board documents.

I hope that this helps to explain our processes and goes some way to allaying your concerns.

Kind regards

Wayne McEnteer on behalf of Rob Hazlett

33 Maniototo Community Board 6 August 2020

Report for Information

Status Report on Resolutions

Purpose of Report To update the Board on resolutions.

------Recommendation

That the report be received. ------

Chief Executive Officer

Resolution 20.3.4 – June 2020 Maniototo Community Grant Applications 2019-20 Financial Year (Doc ID 447662)

That the Board:

A. Receives the report and accepts the level of significance.

B. Approves a grant request of $2,500 for the Otago Goldfields Heritage Trust Heritage Sites Review.

• Requested: $2,500 Approved $2,500

STATUS

July 2020 – The applicant has been contacted with the decision of their application and sent a purchase order number to uplift their grant.

June 2020 – Action memo sent to Community Development Officer

Resolution 19.8.14 – December 2019 Maniototo Promotions Grant Applications 2019-2020 Financial Year (Doc ID 433238)

That the Board:

A. Receives the report and accepts the level of significance.

B. Approves a grant of $4,000 from the 2019-20 financial year Maniototo Promotions cost centre 5033 2460 to Combined Lions Duathlon Committee for Traffic Management for the Otago Central Rail Trail Duathlon Feb 2020.

Report author: Governance Support Officer

34 Requested: $4,000 Approved $4,000

C. Approves a grant of $4,000 from the 2019-20 financial year Maniototo Promotions cost centre 5033 2460 to Patearoa Cavalcade Committee for costs associated with marketing and promotion (advertising and signage) for Cavalcade Host Town Patearoa Feb 2020.

Requested: $4,000 Approved $4,000

D. Notes that Promotions grants are approved subject to meeting the requirements of the Central Otago District Council grants policy dated August 2019 and recipients should ensure that:

All necessary legal requirements associated with the event or project are the responsibility of and must be met by the grant recipient.

The event or project adheres to other relevant Council policies e.g. sustainability, smoke-free policy.

Information on the event is provided in a timely manner to Central Otago Visitor Centres and Tourism Central Otago for promotional and information purposes.

Grant recipients should acknowledge Council and the relevant Community Board as a funding provider in promotional material as and when appropriate.

STATUS

August 2020 – Duathlon Grant released – copy of correspondence / invoice attached to complete report back. Appendix 1.

August 2020 – second reminder sent to committee confirming report back is now overdue.

June 2020 – Duathlon committee reminded of process for uplifting grant – awaiting invoice. Report back due following grant release.

June 2020 – Cavalcade committee grant authorised for payment and reminder given that report back is now due.

April 2020 – Staff are corresponding with groups to ensure grants can be released. Report backs will be due once this has been finalised.

February 2020 – Applicants advised of Board’s decision, together with information on how to uplift the approved grant/s.

December 2019 – Action memo sent to Media and Marketing Manager.

Infrastructure

Resolution 20.3.7 Maniototo Carparking Restrictions (Doc ID 447603)

That the Board:

A. Receives the report and accepts the level of significance.

Report author: Governance Support Officer

35 B. Recommends to Council that there is no change to existing restrictions.

STATUS

July – Roading Bylaw Review report is being presented to the 26 August 2020 Council meeting including these recommendations.

June 2020 – Action memo sent to Acting Roading Manager

Planning and Environment

Resolution 20.3.5 – June 2020 Request to Lease Patearoa Gravel Reserve Land (PRO 64-5113-00)

That the Board:

C. Receives the report and accepts the level of significance.

D. Approves the granting of a lease over the Patearoa Gravel Reserve on the following terms and conditions:

• Rental: $500 plus GST per annum • Term: Five Years • Right of renewal: One

Subject to the applicants:

• Keeping the land tidy and stock-proofing the boundary fences, • Not constructing any improvements on the reserve, • Providing Council with unimpeded access as required

E. Authorises the Chief Executive to do all that is necessary to give effect to the resolution

STATUS

July 2020 – Lease agreement drafted and sent to lessee. Lessee has signed and will return documents to the Ranfurly Service Centre.

June 2020 – Action memo sent to Property Officer - Statutory

Resolution 20.3.6 Lease of Kyeburn Reserve (Doc ID 446033)

That the Board:

A. Receives the report and accepts the level of significance.

B. Agrees to formally acknowledge that the Kyeburn Hall is owned by the Kyeburn Hall Committee.

Report author: Governance Support Officer

36 C. Agrees to recommend that Council grants the Committee a lease pursuant to Section 61 (2A) of the Reserves Act 1977, on the following terms:

1. Permitted use: Community Hall 2. Term: 33 years 3. Rights of Renewal: None 4. Land Description: Sec 20 Blk VII Maniototo SD 5. Area: 0.4837 hectares 6. Rent: $1.00 per annum if requested

Subject to the Kyeburn Hall Committee:

1. Becoming an Incorporated Society 2. Being responsible for all outgoings, including utilities, electricity telephone, rubbish collection, rates and ground maintenance.

STATUS

24 July 2020 – Council ratified the lease. Waiting for confirmation from the Hall Committee of their Incorporated status to issue the lease.

25 June 2020 – Kyeburn Hall Committee advised of Board’s resolution. Report for ratification of Lease going to Council on 15 July 2020.

June 2020 – Action memo sent to Property and Facilities Officer - Ranfurly

Resolution 20.2.8 – May 2020 Central Otago District Council Draft Tree Policy 2020 – (COM-07-10-001)

That the Board:

A. Receives the report and accepts the level of significance.

B. Agrees that the draft Central Otago District Council District Tree Policy 2020 be referred to Council for approval for public consultation.

C. Notes that a 5-year cyclical tree maintenance regime will be developed with the financial implications for each ward to be considered as part of the 2021 - 2031 long term plan process.

STATUS

July 2020 – Council to consider final draft at its August meeting.

June 2020 – Out for public comment.

May 2020 – Now with Council for consideration.

May 2020 – Action memo sent to Parks and Recreation Manager.

Report author: Governance Support Officer

37 Resolution 19.5.9 – September 2019 Ex Patearoa School Building – Consent to Sublease (PRO 64-5111-L1)

A. RESOLVED that the report be received and the level of significance accepted.

B. RESOLVED that the Board consent to the Patearoa Community Trust Incorporated subleasing the school building to Dairy Farm Partnership for a term expiring 31 December 2021, subject to the Chief Executive Officer being satisfied with the sublease agreement.

C. RESOLVED that the Board consent to a variation of the lease between the Patearoa Community Trust Incorporated and Council by amending clause 3.2 to refer specifically to any future income from “a camping ground”, when the Trust income from the reserve is greater than operating costs.

STATUS ON HOLD

July 2020 – No further progress to date.

May 2020 – No further progress to date

March 2020 – As per the below. Resolution to be placed on hold until the agreement has been received.

January 2020 - Patearoa Community Trust have advised that they are on hold with the proposed sub-lease with Dairy Farm Partnership.

November 2019 – Council’s Property and Facilities Officer – Maniototo has followed up with the Patearoa Community Trust and is waiting to view the agreement between the Trust and Dairy Farm Partnership.

October 2019 – Action memo sent to the Property and Facilities Officer – Maniototo.

Relevant section reviewed by: Relevant section reviewed by:

Louise van der Voort Julie Muir Executive Manager - Planning and Executive Manager - Infrastructure Environment Services 24 July 2020 24 July 2020

Report author: Governance Support Officer

38 Report authorised by:

Sanchia Jacobs Chief Executive Officer 24 July 2020

Report author: Governance Support Officer

39 40

;j;/ / #v«:irj■■-77r

W»ff "^'^®T»W' ...-^;f»T*rri'q :7 ^7 • V1.3?X 77 ^3-7 H p

'^"^' ■ c3fc7 ■■■ "-f9 c^’Iff,f»l^"‘ 3::=:*-^; ‘-t-, i _-/| V fTf-i j;-

75€3Fr7^37’ 3,;2‘ ■... 3 f 3../ y .-3?/f’y ■ ,,1;Vf,^>,1 ‘ ,-/:v>'fI3;<_y!vi (y gzwz" 7*W|tl 's:^*^^''j^:r''‘‘S‘y97'7yy7...^^^7ypyy;.y7iT7.

.V"- ...... '"^'0 X.. ; y ,;•,/..< r,y.-:-.yy~r7 57'&#;.T 7y3•' ->•? : .7^' 1 y/ S 7- '^3 7o7::.rr^ ..:P’^7.37^‘‘'7 :>/;,:./.. / ,• y .■-'^'y^7^'^^'3ypi#c77y7r?^..j/ yy

'BO^y ■■■ ym?£?7/^'^:35S^,'..ZW^Wj: 3£--y: £/-’7;'^^ ^ 7 ./y■

7iyi^/3y^‘yf7g5^r^^iy3:7/37p7?y^ -3777 Gffo^" q^Z^WfJ^r^..

33:^-

" Tf Siir^ /y ..3: *** 77 Sy?»3> I ^‘-4;5"‘^‘‘fW337'3'77^ ^74:SW>71s¥:#WJ 7 ■ a‘7:3.... ¥¥ ^ TAX INVOICE / SmTiMiNf Date, /:5 ^ f^To (c-?v>.t' ■> c4 J t .1 C / >.* / C r ■ M: /2^

From {1^0Sr /A/r/vx: I*I:.-M’/^a

C /^CfX /- 5>r |_^ -4 G.S.T. Reg. No. i\pj *^1 6-^>S ■ O

Qty Description $ c S

c?f-~ •'f/rft^

£-/iCV«l-> //0fu 'dS/4/d.- ~h t S(Mi?

Ofil}0l Si266“'

9t£tPt%S iAh"7c flik's}^ ■-•*...... ^

B C ^crsTiTBo ' ■ B 4 £S( 5“ i O O 4fe'ii"C ! I ^ f;Ci '

^ ' TOTAL EXCLUSIVE GST $

^Collins Ad/50 DLH total inclusive gst $ oo J

41 20.4.9 Date of the Next Meeting

The date of the next scheduled meeting is Thursday, 17 September 2020.

42 THE BOARD IN CLOSED MEETING

RECOMMENDED:

A. That the public is excluded from:

 The following parts of the proceedings of this meeting, namely: item 20.4.10

Meeting Item Reason for excluding the Grounds for excluding the public No. and public subject

20.4.10 The premature disclosure of To carry on, without prejudice or Status Report the financial information disadvantage, negotiations (including would detrimentally affect the commercial and industrial negotiations) Council’s position in the (s 7(2)(i)). negotiations.

43 THE BOARD IN OPEN MEETING

RECOMMENDED that the public be readmitted.