BANKS PENINSULA DISTRICT COUNCIL

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					   THESE MINUTES ARE DRAFT ONLY AND DO NOT REPRESENT A FINAL AND
                   TRUE RECORD UNTIL CONFIRMED




BANKS PENINSULA DISTRICT COUNCIL
  MINUTES OF THE MEETING OF THE BANKS PENINSULA DISTRICT COUNCIL HELD AT
       THE LYTTELTON CLUB, LYTTELTON, ON WEDNESDAY, 17 MARCH 2004
                          COMMENCING AT 9:30 AM

PRESENT:                       Mayor Bob Parker
                               Cr Dick Brown
                               Cr Doug Couch
                               Cr Ann Jolliffe
                               Cr Steve Lowndes
                               Cr Stewart Miller
                               Cr Bryon Porteous
                               Cr Jo Rolley

IN ATTENDANCE:                 Sue Davidson, Acting General Manager/CEO
                               Chris Hopman, Works and Services Manager (from 9:50 am)
                               Tim Harris, Environmental Services Manager
                               Mick O’Donnell, Community & Consultation Manager
                               Neville Smith, Property Manager
                               Barry Gardiner, Reserves Manager/Licensing Inspector
                               Liz Malcolm, Minutes Secretary

APOLOGIES:                     There were no apologies.


Mayor Parker advised that Item 8.12 – Diamond Harbour Community Hall Fire Alarm System, has been
withdrawn from the agenda. This item has been included on the Lyttelton/Mt Herbert Community Board
agenda which is scheduled to be held on Wednesday, 24 March 2004.

Cr Jolliffe/Cr Brown
(04/22)

It was resolved, pursuant to Section 46(7) of the Local Government Official Information and Meetings Act
1987, that the following item be dealt with:

       Item 8.15       Urban Development Strategy

The reason that this item was not included on the agenda papers was because the document was not
received in time. The reason that this item cannot be delayed is because Council approval for adoption of
the UDS Brief is required so that the Working Party can commence its brief.

                                                                                                 Carried
                 Ordinary Meeting of the Banks Peninsula District Council – 17 March 2004




1.0 PUBLIC FORUM

      Nil.



2.0 LEAVE OF ABSENCE

      No leave of absence was sought.




3.0 CONFIRMATION OF MINUTES

3.1   CONFIRMATION OF BANKS PENINSULA DISTRICT COUNCIL MINUTES, 4 FEBRUARY
      2004

      Cr Rolley /Cr Jolliffe
      (04/23)

      Resolved that the minutes of the Council meeting held on 4 February 2004 be confirmed subject to
      the following amendments.

      Page 5 – Mayor’s Report – 6th paragraph
      Reads: the cumulative total was actually 28.9%, not 30% as stated in the report.
      Should read: the cumulative total was actually 28.9%, not over 30% as stated in the report.

      Page 7 – Joint Meeting with CCC (for information only)
      Reads: Cr Miller said that he found the reply to the request quite unethical.
      Should read: Cr Miller said that he found the reply to the request quite unacceptable.

      Page 15 – Commercial Sections Diamond Harbour – 2nd paragraph
      Reads: Cr Brown felt that protection for the Stoddart Point area could come at a later date as could
      the Management Plan for the area.
      Should read: Cr Brown felt that protection for the Stoddart Point area existed and a Management
      Plan could come at a later date.

      Page 15 – Resolution iii)
      Reads: That on completion of the review of the above sites, the Real Estate office building and the
      Diamond Harbour Country Store and Café be offered to the current lessees in accordance with
      Resolution 02/25.
      Should read: That on completion of the review of the above sites, the Real Estate office building and
      the Diamond Harbour Country Store and Café be offered to the current lessees in accordance with
      Resolution 02/259.

                                                                                                    Carried




                                                                                                     PAGE 2
                 Ordinary Meeting of the Banks Peninsula District Council – 17 March 2004




4.0 MATTERS ARISING

4.1   Matters Arising Register

      A number of items were deleted from the register.

4.2   Matters Arising from the Minutes

      Nil.




5.0 MAYOR’S REPORT

      No Go Zone

      Mayor Parker spoke of the concerns he and others had following the recently published “No Go
      Zones” that had been identified within the Banks Peninsula Distriat by WINZ. He said that this
      publicity has created a negative impression of the district and residents are feeling slighted by it. He
      added that he was discomforted by the policy and by the lack of consultation prior to its release.

      Mayor Parker advised that he had received a letter in February from John Henderson, WINZ
      Commissioner for Canterbury, and has since met with him when he went to some lengths to explain
      the policy behind this. Mr Henderson had advised that the purpose of this policy was to help
      unemployment benefit recipients find employment. He added that WINZ then identified areas where
      there are limited employment opportunities for these people. These areas were identified taking into
      account factors such as; the current number of unemployed people seeking work in the area, the
      number of job placements made in the last 12 months, local labour market opportunities and the
      availability of public transport. Areas identified in Banks Peninsula included Okains Bay, Little
      Akaloa, and Le Bons Bay.

      Mayor Parker said that the Commissioner has agreed to meet with the Akaroa/Wairewa Community
      Board at its meeting on Friday, 26 March 2004 at Little River. He questioned whether Councillors
      felt strongly enough to put a case for them to reconsider these no go zones.

      Cr Jolliffe asked if there has been any feedback from local MP’s. Mayor Parker asked what action
      Council wished to take, while acknowledging that this was a policy of Work and Income and has
      nothing to do with BPDC.

      Some discussion was held on the criteria used to chose these “no go zones”. Mayor Parker said that
      WINZ believed that there was not a lot of opportunity for full time employment in these areas. He
      said that this may be true, but it was the same for a large number of places in the South Island.

      Cr Rolley questioned whether WINZ looked at School Rolls while working on this policy. She said
      that social issues should have been addressed as well as economic issues. Mayor Parker said that
      WINZ focus was on the full time opportunities that existed.

      Councillors agreed that an invitation should be extended to Mr Henderson to speak at a future Council
      meeting.




                                                                                                        PAGE 3
                 Ordinary Meeting of the Banks Peninsula District Council – 17 March 2004




      Memorandum of Understanding between BPDC and Police

      Mayor Parker advised that he had only just received a draft Memorandum of Understanding and asked
      that this item be deferred until the next meeting, by which time a final document should be available.




6.0 ELECTED MEMBER’S REPORTS

6.1   PORTFOLIO HOLDER’S REPORTS                                                                    CR A JOLLIFFE


      Cr Jolliffe reported that she has attended Age Concern and Elder Care Canterbury Project Meetings
      and advised that she would provide further information on strategies in the March Information Pack.
      She spoke to her report.

6.2   PORTFOLIO HOLDER’S REPORTS                                                                     CR S MILLER


      Cr Miller updated Council on the roading work being undertaken on the Gebbies Pass. He said that
      no money would exchange hands until the job has been signed off to meet the satisfaction of all
      concerned.



7.0 COMMUNITY BOARDS’ REPORTS

7.1   LYTTELTON/MT HERBERT COMMUNITY                                                 COMMUNITY BOARD CHAIRMAN
      BOARD REPORT                                                                                  A JOLLIFFE

      Rapaki Sea Wall

      Cr Jolliffe advised that Te Hapu o Ngati Wheke Inc has requested further funding towards their sea
      wall project. She said that while the Board fully supported the work being undertaken on the sea wall,
      it wished to discuss further the contribution being made by the Runanga towards the project.
      Ms Davidson said that she has received a response to a letter she sent in which the Runanga advise
      that they are not seeking funding contributions from Council but would appreciate help with the
      resource consent application letter to Environment Canterbury.

      Diamond Harbour Memorial Garden

      The Community Board addressed a report on the Diamond Harbour Memorial Garden to determine
      the height of headstones on grave plots, size of ashes plaques and the eligibility of persons to be
      buried at Diamond Harbour. Cr Jolliffe said that the Board agreed that this is an open cemetery, but
      there is to be a charge for an “out of district” burial.

      Canterbury Street Cemetery

      Cr Jolliffe advised that the Community Board recommended that barriers be erected to stop the
      congregation of youths on the Upper Ramp, Canterbury Street Cemetery. She said that full
      consultation has taken place with all affected residents and other users of the Canterbury Street
      Cemetery. Cr Jolliffe said that the Police have been very involved in this initiative.




                                                                                                          PAGE 4
                    Ordinary Meeting of the Banks Peninsula District Council – 17 March 2004




        Following on from this Mayor Parker questioned what had happened to the proposed youth centre.
        Discussion was held on this. Ms Davidson said that access was an issue at the Recreation Centre. She
        said that they really do need somewhere they could call their own rather than a community centre.
        She said that Youth Workers are working very hard setting up activities.

        Cr Rolley/Cr Miller
        (04/24)

        It was resolved that the Lyttelton/Mt Herbert Community Board be requested to progress this
        matter.

                                                                                                          Carried

        Annual Plan and Budget Submissions

        Cr Jolliffe advised that submissions were discussed and the Community Board’s recommendations
        have been forwarded to the Annual Plan and Budget process.


7.2     AKAROA/WAIREWA COMMUNITY BOARD                                                  COMMUNITY BOARD CHAIRMAN
        REPORT                                                                                          B MORGAN

7.2.1   Wairewa Transfer Station (Birdlings Flat)

        Mr Morgan, Chairman of the Akaroa/Wairewa Community Board, advised in a report that the
        Akaroa/Wairewa Community Board had resolved to recommend to the Works & Services Department
        that the following suggestions be considered as part of the Zero Waste Strategy:

                -         the introduction of an entitlement card system, to be issued per rubbish rated
                          property; and
                -         that transfer station management allow up to six approved official refuse bags to be
                          deposited per visit per week.

        This was in response to a ratepayer’s concerns regarding the Wairewa Transfer Station.

7.2.2   Conservation Management Plan Britomart Cannon

        Councillors were advised that an application to the Lyttelton Port Company for a grant to have a
        Conservation Management Plan on the Britomart Cannon prepared, had been unsuccessful.
        Mr Morgan spoke of the Board’s concerns that the Cannon should not be exposed to the weather
        through another winter as parts of it, particularly the woodwork, are deteriorating badly.

        He said that the Board resolved to protect the Britomart Cannon on its current site before winter, to
        seek District Council funding being provided through the Akaroa-Wairewa Reserve Account for the
        preparation of a Conservation Management Plan, and that staff action these requests with urgency.

        Cr Rolley/Cr Miller
        (04/25)

        It is recommended that funding be provided through the Akaroa-Wairewa Reserve Account for the
        preparation of a Conservation Management Plan.

                                                                                                          Carried




                                                                                                           PAGE 5
                 Ordinary Meeting of the Banks Peninsula District Council – 17 March 2004




8.0 OFFICERS’ REPORTS

8.1   ACTING GENERAL MANAGER’S SIX                                                          ACTING GENERAL MANAGER
      WEEKLY REPORT                                                                                    SUE DAVIDSON

      Ms Davidson, spoke to her report.

      Long Term Council Community Plan

      Ms Davidson advised that several meetings have been held to discuss the Plan with the adoption of the
      Draft Plan (to be known as the Banks Peninsula Community Plan) to occur on 26 March 2004. She
      said that the Plan would be open for public submissions during April 2004. She gave thanks to those
      who have assisted in the Plan’s preparation, saying it was an enormous task and a huge amount of
      effort has been required.

      A vote of thanks was extended to all of those involved in the preparation of this document from
      Councillors.

      Submission to Local Government Commission

      Council has had one meeting to start development of a submission. Ms Davidson reported that a
      meeting has been arranged with the Selwyn District Council on 18 March 2004 to discuss any issues
      they may have or that BPDC wishes to investigate.

      Contribution to Floods in the North Island

      Ms Davidson reported that an offer of assistance in the form of the use of one of Council’s roading
      staff for up to one month to two had been made to those Councils affected by recent flooding in the
      North Island. She said that this offer has not been taken up and in lieu of this she suggested a small
      contribution could be made to the Rangitikei fund. This amounted to a sum of $7,800 based on $1 per
      population.

      Cr Couch advised that the issue of Emergency Management Insurance had been raised at the Civil
      Defence meeting held on 16 March 2004. Cr Brown said that there is insurance available for these
      events. He said that he did not feel comfortable using ratepayer’s money to assist another authority as
      some of these ratepayers would already have contributed through various ways. He added that he did
      appreciate the hardship that has been felt in that part of the country, but that he would prefer to keep
      the offer of staff option open.

      Councillors agreed that this was a generous offer and thanked Ms Davidson for taking the initiative
      and to keep the offer of staff help open as it would have benefits for both Councils if taken.



8.2   ELECTED MEMBERS MILEAGE                                                               ACTING GENERAL MANAGER
                                                                                                         S DAVIDSON

      This item reported on the special allowances made for budgetary purposes owing to the fact that the
      Mayor resides in Akaroa. Ms Davidson advised that is has been two years since this was introduced
      and she saw no reason for any change as expenditure has been kept within that budgeted. It was
      agreed that no change be made.




                                                                                                             PAGE 6
                  Ordinary Meeting of the Banks Peninsula District Council – 17 March 2004




8.3   SELWYN DISTRICT COUNCIL’S REPORT ON                                                    ACTING GENERAL MANAGER
      AMALGAMATION                                                                                        S DAVIDSON

      Attached to the agenda was a copy of Selwyn District Council’s report on Amalgamation Issues
      Surrounding Banks Peninsula District Council to allow discussion on the report prior to the meeting
      with the Council to be held on Thursday, 18 March 2004.

      Ms Davidson advised that she had analysed the report in terms of the four areas highlighted, ie:

              -         Communities of Interest
              -         Service Delivery
              -         Financial Considerations
              -         Representation/participation in decision making.

      She asked if there were any areas of concern that Councillors wished to raise at the forthcoming
      meeting.

      Discussion was held on the differences between Councils in the four areas and the assumption made
      by Selwyn District Council with regard to the Orion shares which was incorrect.

      Other issues identified to be raised at the meeting included:

      -       the establishment of Advisory Committees and how these would work as opposed to
              Community Boards
      -       boundary issues, existing catchment areas

      Cr Rolley said that she was impressed with the open way Selwyn District Council have been
      discussing this issue. She said that she was sorry that Christchurch City Council has not been able to
      do the same as previously a working party of staff and councillors had been set up to work through the
      issues. She added that at this stage no work has been done between BPDC and Christchurch City and
      there is only one month to go until submissions close.


8.4   CONSULTATION POLICY 2004                                                         COMMUNITY & CONSULTATION
                                                                                                       MANAGER
                                                                                                 MICK O’DONNELL

      Attached to the agenda was a Consultation Policy for adoption by Council. Mr O’Donnell advised
      that the Consultation Policy was written in response to the increasing emphasis on consultation in the
      Council’s decision-making process, as required by the Local Government Act 2002. He said that it
      replaces the previous policy which lacked the detail that is now required, given the increased
      importance placed upon consultation by the Act and that it interfaces with the existing Governance
      Statement, the Decision-making & Reporting Document, and the Significance Policy, all written in
      compliance with the same Act.

      He said that consultation is engaging in a two way process so that people know what is going on. It is
      not just going out and listening to what people have to say, or speaking to groups. He added that the
      Policy’s first test would be the consultation phase required for the Banks Peninsula Community Plan.

      Councillors worked through the Policy page by page.

      Pg 38: Wording - Community/Communities
      Pg 38: What will Consultation Achieve? The words “those most affected” to be checked with what is
      in the Act. It was felt that a precedent has been set already but Ms Davidson agreed that some words
      could be added to soften this sentence so that expectations were not raised.



                                                                                                              PAGE 7
                  Ordinary Meeting of the Banks Peninsula District Council – 17 March 2004




       Pg 39: Mr O’Donnell said that the way in which consultation is done needs to be appropriate with the
       people being consulted and he gave examples of this one being that not everyone in the community
       has access to the website.

       Discussion was held on consultation with “Maori” – should this read consultation with “Iwi”. It was
       felt that Iwi assumes that the people are living in a succinct community which is not always the case.
       Runaka to be recognised as well.

       Pg 40: Replace the word “unprejudiced” with “impartial”.

       Independent fora – plural of forum.

       Pg 41: Consultation methods: Quote left in from source documents. Council’s responsibility to
       justify what it does, eg: community view might be impractical for financial reasons.

       Discussion was held on the keeping of notes taken by Council and concern expressed at the amount of
       paperwork being archived. Cr Lowndes suggested that a log of the consultation process be kept so
       that when the next round takes place there is one piece of paper that lists the consultation that has
       taken place. An accumulating log/synopsis – not too detailed.

       Pg 42: Flow of wording to be improved from heading to bullet point eg:
       1.      Set objectives to determine:
       2.      Identify affected parties to ascertain:
       3.      etc.
       Final bullet point 6 – What “could” or “should” be done better next time.
       What is the most appropriate time to consult.

       Pg 43/44: These are extracts from the Act.

       Pg 45: Consistency with Plan – LTCCP – Banks Peninsula Community Plan

       Cr Miller congratulated staff on the all of the work put into the Community Plan, he said that he
       appreciated the effort that Ms Davidson and her team have put in.

       Cr Rolley/ Cr Miller
       (04/26)

               It is recommended that Council adopt the Consultation Policy as amended.

                                                                                                              Carried

A morning tea break was taken at 10:45 am and the meeting resumed at 11:00 am.


8.5    BANKS PENINSULA DISTRICT COUNCIL                                                      ENVIRONMENTAL SERVICES
       POLICY ON GAMBLING WITHIN THE                                                                        MANAGER
       DISTRICT AND ESTABLISHMENT OF A                                                                       T HARRIS
       CONSENT FEE                                                                                AUTHOR: B GARDINER
                                                                                                 LICENSING INSPECTOR


       As required under the Gambling Act 2003 (the Act) all territorial authorities are required to prepare a
       policy on gambling in their district/city within 6 months of the enactment of the Act i.e. by
       18 March 2004. The purpose of this report was to put the final report on gambling to Council for
       adoption.



                                                                                                               PAGE 8
           Ordinary Meeting of the Banks Peninsula District Council – 17 March 2004




Attached to the agenda was a copy of a Statement of Proposal together with Minutes of a public
hearing on submissions received on the draft Class 4 Gambling Policy, held on Tuesday, 17 February
2004.

Mr Gardiner spoke to the report and addressed questions raised by Councillors. He advised that the
Council was required to adopt the policy by 18 March 2004.

The following amendments were made to the Statement of Proposal.

Section A – bullet points deleted as this is not part of the policy.
Section B – the word “permanent” included in the final sentence, ie: The district target is to have a
maximum of one venue to every 1000 permanent residents.

Changes to minutes included:

List of those present to be amended to read Community Board representatives
In attendance to be amended to read “other than submitters, no other members of the public were in
attendance.

Second resolution in minutes to read:

Further recommended that the 12 submitters to the draft policy on Class 4 Gamling venues be
written to and thanked for their submissions; a copy of the final Council adopted policy on Class 4
gambling venue be sent to each submitter.

Cr Miller questions what procedure was in place to stop a new venue being set up in a rural zone.
Mr Harris reported that any new application would have to be put through the Resource Consent
process which would address the effects from such gaming machines. These aspects could be
addressed through the District Plan.

Cr Rolley suggested that a further point be added under Specific issues, ie: vii) and the application
assessed as to its effects/assessed against these effects.

Cr Porteous questioned whether venues being located on Regional Council land come into the BPDC
area. Mr Gardiner advised that this policy applies to Council’s district and added that proximity
issues are addressed within the RMA as well.

Mr Gardiner said that all applications are considered on a case by case basis. He emphasised that this
policy has to be reviewed with three years under Section 102 (5)..

Cr Brown commented that he felt Mr Gardiner has done an excellent job in the very short time frame
available.

Cr Rolley/Cr Brown
(04/27)

It was resolved that the Banks Peninsula District Council as required by the Gambling Act 2003,
adopt the policy on Class 4 Gambling venues and fee proposal as included in the Statement of
Proposal, in accordance with the special consultative procedures in terms of the Local Government
Act 2002.

It is further recommended that the Class 4 gambling venue consent fee for applications made under
the Gambling Act 2003 for venue consents, be set at $150 (inclusive of GST).

Further resolved that the adopted policy on Class 4 gambling venues be revised in terms of S.102
(5), three years from its adoption date.
                                                                                         Carried

                                                                                                PAGE 9
                 Ordinary Meeting of the Banks Peninsula District Council – 17 March 2004




8.6   PROFESSIONAL SERVICES                                                            WORKS & SERVICES MANAGER
      DESIGN SERVICES CONSULTANT                                                                       C HOPMAN
      CONTRACT AGREEMENT

      The purpose of the report was to confirm that the Works & Services Manager has the authority to
      renegotiate the current Professional Services Contract with the current consultant,
      Montgomery Watson Harza (MWH).

      Mr Hopman spoke to his report. He proposed to Council that the current professional services
      contract with MWH be rolled over for another three years, with yearly rights of renewal, and that any
      minor variations to the existing contract be delegated to him to negotiate.

      He outlined the options available to Council.

      Cr Porteous questioned the renewal rights. Mr Hopman said that these provided some certainty both
      for MWH and Council; they have the confidence to tool up the appropriate people into the
      organisation knowing that they have a continuous workload.

      Cr Miller recommended that the term of the contract be altered to include “or to the disestablishment
      of the Council or a merge into another local authority if this occurs within this time frame.

      Cr Miller/Cr Porteous
      (04/28)

      Council resolved that the Works & Services Manager be delegated the authority to renegotiate the
      current Professional Services Contract for Design Services with the consultant Montgomery
      Watson Harza and report to Council if negotiations differ substantially from the terms and
      conditions of the current contract.

                                                                                                        Carried


8.7   NEW ROAD MAINTENANCE CONTRACT                                                TECHNICAL SERVICES MANAGER
      2004/2007 – CONTRACT NUMBER 2004.01                                                               G BIRSS


      The purpose of this report is to report to Council on the acceptance of the new Road Maintenance
      Contract (2004/2007). Council resolved (04/07) at the February 2004 meeting that Council delegate
      authority to the Roading Committee to accept the tender for the new roading contract. The Roading
      Committee accepted the Fulton Hogan tender on 5 February 2004 as follows:

              The tender of Fulton Hogan Canterbury was accepted and Contract Number
              2004.01 – Road Maintenance 2004/2007 was awarded to Fulton Hogan for the
              three-year contract period commencing 1 April 2004. There is a right of renewal
              by Council for two further years at the sole discretion of Council. The per
              annum lump sum contract price is $1,099,45.00 exclusive of GST per annum.


      Cr Rolley/Cr Couch
      (04/29)

      Council resolved that this report be received.
                                                                                                        Carried




                                                                                                         PAGE 10
                 Ordinary Meeting of the Banks Peninsula District Council – 17 March 2004




8.8   EXTENSION OF WASTE MANAGEMENT AND                                            TECHNICAL SERVICES MANAGER
      REFUSE COLLECTION (AKAROA/WAIREWA)                                                                G BIRSS
      CONTRACT NO. 9906

      The purpose of this report was to confirm a further extension of the contract period for the Waste
      Management and Refuse Collection contract covering the Akaroa/Wairewa area.

      Councillors were advised that Council was approached by the contractor Wasteline Services (Akaroa)
      requesting an extension to the contract period for the Waste Management and Refuse Collection
      Contract No. 9906. This contract was due to expire on 30 June 2004. Staff consider that the current
      contracts works very well, the level of complaints regarding the refuse and recycling collections
      carried out in Akaroa and Little River and with the monthly Wairewa recycling collection are
      minimal.

      Mr Hopman said that the contractor has made considerable effort to tidy the transfer station site at
      Barrys Bay and the refuse/recycling depot at SH75 near Birdlings Flat.

      He said that the current contractor has a strong commitment to the Council recycling programme and
      is locally based in the district.

      Cr Rolley agreed saying that they were very responsive to the communities wish to have changes, they
      are adaptable. She said that there would be environmental impacts if this service was operated from
      Christchurch.

      Options were discussed.

      Cr Miller suggested that at some stage in the future a weighing machine may have to be installed
      when prices rise and this should be looked at should a suitable machine become available.

      Cr Rolley/Cr Lowndes
      (04/30)

      It was resolved that Council extend for a further 24 months the Waste Management and Refuse
      Collection (Akaroa/Wairewa) Contract 9906 to 30 June 2006 with a current annual contract price
      of $282,365.94.

                                                                                                          Carried


8.9   DIAMOND HARBOUR DISCHARGE                                                        MANAGER NAME: WORKS AND
      CONSENT                                                                                  SERVICES MANAGER
                                                                                                        C HOPMAN
      PROPOSED CONDITIONS AND TERMS OF                                                 AUTHOR: UTILITIES MANAGER
      REFERENCE                                                                                          J PORTER

      The purpose of this report was to update council on progress on the consent application to discharge
      treated effluent from the Diamond Harbour wastewater treatment plant. Mr Porter sought Council’s
      approval to proceed on the basis of the Consent Conditions and Terms of Reference for establishing a
      Joint Working Party which were attached to the agenda and to consider the future options for
      discharges from council treatment facilities to Lyttelton Harbour.

      Mr Porter advised that subject to full Council approval, The Mayor, Deputy Mayor and Utilities
      Manager have agreed in principle to the suggestion of a Joint Working Party being established to
      consider the future of all three council discharges into Lyttelton Harbour – from the treatment plants
      at Diamond Harbour, Governors Bay and Lyttelton. He said that this was seen as a logical



                                                                                                           PAGE 11
            Ordinary Meeting of the Banks Peninsula District Council – 17 March 2004




progression from an existing Council obligation to conduct a review of the Governors Bay discharge
in 2007. He added that all parties have also tentatively agreed to a 10-year consent duration.

Mayor Parker stated that this has been a very interesting process to be involved in. Cr Miller said that
he had some issues with the membership of the Working Party and member’s voting rights. He felt
decision-making should be by consensus but if this is not possible, the voting rights should be as per
Section 3 of the Draft Terms of Reference. Cr Jolliffe supported this. She said that it was the people
living in the Harbour Basin who have the right to vote.

Cr Miller also questioned why these meetings had to be held at a neutral venue and what was meant
by that.

Cr Couch expressed his disappointment with the attitude of some of the Maori people and with
TRONT. He felt that all they were focussing on is the actual sewage spillage. He requested Council
to consider appointing him as a member of this Working Party. Mayor Parker said that as Cr Couch
was a resident of the area, he had no problem with his inclusion on the Working Party.

Cr Brown said that some excellent work has been done on this very contentious issue. He expressed
his concerns about the size of this Working Party, saying that it could get too big.

Cr Rolley questioned if funding had been provided for in the long-term financials for this in-depth
analytical/research work to be done. Mr Porter advised that funding has been allowed for in the Long
Term Plan. Mr Hopman said that a small amount has been allowed for consultation, but allowance
has not been made for research as such.

Mayor Parker explained that the whole purpose of this Joint Working Party is to bring together a
group of people to address a range of options for effluent disposal for the area. The Working Party
needed therefore to be as inclusive as possible. Any recommendations would need to come before
Council as a safeguard for the community. He said that Council needed to focus on what it was trying
to achieve – a community consensus. He added that he would argue to keep the voting rights in.
Mayor Parker agreed that the group is large, but felt that it would not be too big to manage. He
reiterated that the group needed to be as inclusive, work together – Council had nothing to lose by
this.

Mr Porter said that he was sure that the Department of Conservation and Public Health would accept
being sidelined from critical votes as would Christchurch City Council.

Cr Miller stated that the option of status quo is still available.

Costs were discussed – Cr Rolley said that Council needed to get a feel for the costs involved. It was
agreed that this needed to be further discussed at a staff level to determine impacts on the Banks
Peninsula Community Plan.

Cr Rolley/Cr Brown
(04/31)

That the Banks Peninsula District Council supports in principle the Draft Conditions of Consent
and the Draft Terms of Reference relevant to the Proposed Joint Working Party for the Diamond
Harbour Discharge Consent subject to minor modifications to be agreed at a further 0pre-hearing
meeting and subject to the withdrawal of the wish to be heard at a formal hearing by the submitters
to the application.

That the Mayor, Deputy Mayor and Cr Doug Couch be given delegated authority to act on behalf
of Council on matters related to the Diamond Harbour Discharge Consent renewal.




                                                                                                 PAGE 12
                  Ordinary Meeting of the Banks Peninsula District Council – 17 March 2004




       That staff proceed immediately with the upgrade of the UV disinfection equipment at the Diamond
       Harbour sewerage treatment plant in view of the present inconsistent performance of the existing
       unit, to be funded from existing budgets for upgrading this facility.

                                                                                                         Carried


8.10   LITTLE RIVER TOILETS                                                             WORKS & SERVICES MANAGER
                                                                                                    CHRIS HOPMAN


       The purpose of this report was to request approval to accept the lowest tender for the Little River
       Toilets, and to seek a transfer of funds in order to pay for the additional expenditure for the toilet
       which is over budget.

       Mr Hopman spoke to this report. He recommended that:

               Council should accept the lowest competitive tender for the Little River toilets.

               Council should increase the budget from $100,000 to $137,000. It should be noted that the
               Toilet Asset Management Plan had an estimate for $120,000.

               There is still an unspent budget provision of $62,006 for the upgrading of disposal facilities of
               the Little River Toilets. $7,994 was spent on a holding tank as the first stage of an onsite
               treatment and disposal system for the toilets. When land availability for effluent disposal
               failed to be negotiated after suitable land changed hands, the treatment and disposal option
               was put on hold. Other options have been looked at, including combining with commercial
               properties and the possibility of a full sewage scheme for this part of Little River.

               A transfer of $37,000 from the treatment and disposal account to the new toilet account is
               recommended.

       Mr Hopman advised that they had received 47 responses to the survey and this was a 45% return. Of
       that percentage, 81% were in favour of the toilets in the existing position and 19% were against.

       He added that the return on the Speed limits was 100% in favour of 70kmh being reduced. He said
       that Transit would be advised of this figure. Mayor Parker advised that he has asked for an
       appointment to meet with Transrail as well as local MP’s.

       Cr Miller advised that there are two toilets available over the road. Mr Hopman is to investigate to see
       if these are an option.

       Cr Miller thanked Mr Hopman for the undertaking the survey – he said that the results were
       significant and he was sure the outcome would be appreciated by the community.

       Cr Porteous/Cr Miller
       (04/32)

       It is recommended that Council accept the lowest tender from Bryndwr Builders for
       $122,936 + GST for the Little River Toilet Contract.

       It is further recommended that a transfer of $37,000 be made from the Little River Toilet Treatment
       and Disposal Account to the Little River Toilet Upgrade Account to make up the shortfall of the
       total toilet upgrade cost from the original budget of $100,000.

                                                                                                         Carried

                                                                                                          PAGE 13
                  Ordinary Meeting of the Banks Peninsula District Council – 17 March 2004




8.11   SALE OF PROPERTY                                                                      PROPERTY MANAGER
       64 CANTERBURY STREET, LYTTELTON                                                           NEVILLE SMITH


       The purpose of this report was to recommend the sale of the property at 64 Canterbury Street,
       Lyttelton. Mr Smith advised that no submissions had been received for or against the sale of this
       property.

       Discussion was held as to whether investigations had been done to retain part of the section for
       expansion of the cemetery. Mr Smith said that this option had been investigated and was not
       worthwhile. There would have been access difficulties and no economic advantage.

       Cr Porteous/Cr Rolley
       (04/33)

       It was resolved that the property at 64 Canterbury Street, Lyttelton, be sold in accordance with
       Council’s property disposal policy.

                                                                                                         Carried


8.12   DIAMOND HARBOUR COMMUNITY HALL                                                        PROPERTY MANAGER
       FIRE ALARM SYSTEM                                                                               N SMITH
                                                                                              AUTHOR: K JARDEN
                                                                                              PROPERTY OFFICER

       This item was referred to the Lyttelton/Mt Herbert Community Board meeting which is to be held on
       Wednesday, 24 March 2004.


8.13   RESERVE DISPOSAL SCHEDULE                                                             PROPERTY MANAGER
                                                                                                         N SMITH
                                                                                             AUTHOR: B GARDINER
                                                                                              RESERVES MANAGER

       The purpose of this report was to seek Council’s approval of the Property Committee’s
       recommendation to remove nine of the approximately fifty reserves on the reserve disposal schedule
       from the Reserve Disposal Schedule.

       Included in this report was a detailed background report on each reserve together with a map or plan.

       Mr Smith spoke to the report. He said that Council is required to make decisions on each of the
       reserves on its reserve disposal schedule.

       a)    Bay View Crescent (Duvauchelle) Recreation Reserve

             Recommended by the Property Committee that Banks Peninsula District Council delete
             Reserve Lot 4, DP 55117, from its reserve disposal schedule.

       b)    Right of Way, Waipapa Avenue

             Recommended by the Property Committee to Banks Peninsula District Council that Right of
             Way, Lot 77, be deleted from its reserve disposal schedule.




                                                                                                          PAGE 14
          Ordinary Meeting of the Banks Peninsula District Council – 17 March 2004




c)   Waeckerle Green Reserve

     Recommended by the Property Committee to Banks Peninsula District Council that Reserve
     Lot 14 DP 41124 be deleted from its reserve disposal schedule.

d)   6 Simeon Quay Reserve

     Recommended by the Property Committee that Banks Peninsula District Council delete 6
     Simeon Quay from its reserve disposal schedule.

e)   Devils Knob, Shingle Reserve

     Recommended by the Property Committee that Banks Peninsula District Council delete
     reserves 2436, 41246 and 41247 from its reserve disposal schedule.

f)   Substation Site – Lyttelton

     There is an existing obligation with Orion Ltd in respect to the purchase of this property.
     Cr Porteous asked for consideration to be given to road safety issues on this corner – he
     suggested that discussions be held with Orion and Transit on this issue – there would be
     community benefit in doing so.

g)   Kaituna Bach Sites – SH 75

     Recommended by the Property Committee to Banks Peninsula District Council that Reserve
     1105, be deleted from its reserve disposal schedule.

h)   Cass Bay Place – Cass Bay – Recreation Reserve

     Recommended by the Property Committee that Banks Peninsula District Council delete
     Reserve Lot 16, DP 4117, from council’s reserve disposal schedule.

i)   Vacant Accessway – Off Dyers Pass Road, Governors Bay

     Recommended by the Property Committee to Banks Peninsula District Council that it delete
     the Governors Bay Reserve 40141 from its disposal list.

     Residents to be advised of the need to apply for a Licence to Occupy a space for a garage on
     this area.

Cr Porteous/Cr Rolley
(04/34)

It was resolved that Banks Peninsula District Council approve each of the recommendations of its
Property Committee and delete each of the eight properties from its reserve disposal schedule.

                                                                                         Carried




                                                                                          PAGE 15
                   Ordinary Meeting of the Banks Peninsula District Council – 17 March 2004




8.14   AKAROA WARDEN                                                       ENVIRONMENTAL SERVICES MANAGER
       DELEGATED AUTHORITY                                                                      TIM HARRIS
                                                                                   ADMINISTRATION MANAGER
                                                                                               E C J CARTER


       The purpose of this report was to seek the appropriate delegated authority for the newly appointed
       Akaroa Warden, Raimund Freitag. Councillors were reminded that Mr Freitag had recently been
       appointed as a permanent part time employee to the position of Akaroa Warden. His duties include
       parking enforcement, noise control, marine facility administration and assistance with dog control.

       Mr Harris said that it was essential that Mr Freitag is delegated the necessary authority to carry out his
       duties in the areas outlined.

       He advised that there are three pieces of legislation and two Council bylaws relevant to the delegated
       authority needed:

       Parking Enforcement            - Transport Act 1962
                                      - Banks Peninsula District Council Traffic & Parking Bylaw 1998

       Noise Control                  - Resource Management Act 1991

       Marine Facility Admin          - Banks Peninsula District Council Marine Facilities Control Bylaw 2002

       Dog Control                    - Dog Control Act 1996

       He said that failure to legally authorise Mr Freitag to carry out his appointed duties in these four areas
       would negate any enforcement action that he takes.


       Cr Miller/Cr Jolliffe
       (04/35)

       Council resolved as follows:

       1.      That Mr Raimund Freitag be appointed by the Banks Peninsula District Council as a
               Parking Warden pursuant to Sections 7 and 68BA of the Transport Act and Section 33 of
               the Banks Peninsula District Council Traffic and Parking Bylaw 1998.

       2.      That Mr Raimund Freitag be appointed by the Banks Peninsula District Council as an
               enforcement officer pursuant to Section 38 (1) (a) of the Resource Management Act 1991
               for the purpose of issuing excessive noise directions under Section 327 and ensuring
               compliance with excessive noise directions under Section 328 of that Act.

       3.      That Mr Raimund Freitag be appointed by the Banks Peninsula District Council as a Dog
               Control Ranger pursuant to Section 12 of the Dog Control Act 1996.

       4.      That Mr Raimund Freitag be appointed by the Banks Peninsula District Council as an
               authorised officer pursuant to Section 1.5.1 of the Banks Peninsula District Council
               Marine Facilities Control Bylaw 1999.

                                                                                                        Carried




                                                                                                          PAGE 16
                  Ordinary Meeting of the Banks Peninsula District Council – 17 March 2004




8.15   LATE ITEM:                                                         ENVIRONMENTAL SERVICES MANAGER
       URBAN DEVELOPMENT                                                                       TIM HARRIS
       STRATEGY

       The purpose of the report was to provide an update to the Council on the overall intentions of the
       Urban Development Strategy, a copy of the brief was attached to the agenda item.

       Mr Harris said that he sought approval from Council for the adoption of this brief following
       recommendations by the Urban Development Strategy Elected Members Working Party which met on
       11 March 2004. He provided Councillors with background information.

       He advised that Mayor Parker, and Crs Miller and Lowndes have been involved in the forum to date.
       Mayor Parker suggested that Cr Lowndes be appointed as the alternate member to the UDS Elected
       Members team to attend meetings in their absence. Cr Porteous suggested that it would make sense to
       have someone on the group from the Harbour Basin area, as that was the area primarily affected.

       Cr Jolliffe/Cr Brown
       (04/36)

       Council resolved to:

       1.   Adopt the “Urban Development Strategy (UDS) Brief and Terms of Reference (dated
            12 March 2004” as recommended by the UDS Working Party of elected members from
            Christchurch City, Waimakariri, Selwyn, Banks Peninsula Councils and Environment
            Canterbury.

       2.   Confirm its appointed members as the Mayor Bob Parker, Cr Stewart Miller, and with
            Cr Bryon Porteous, or Cr Steve Lowndes as alternate member to the UDS Elected Members
            Team.

                                                                                                  Carried




9.0 COMMON SEAL


       Cr Rolley /Cr Couch
       (04/37)

       Resolved that the affixing of the Council’s common seal to documents sealed after the Council
       meeting of 4 February 2004 be confirmed.

                                                                                                  Carried




                                                                                                   PAGE 17
                  Ordinary Meeting of the Banks Peninsula District Council – 17 March 2004




10.0 INFORMATION PACK – FEBRUARY 2004

       This report was included to itemise reports sent separately for councillor’s information. Councillors
       thanked staff for providing them with a copy of the Lincoln University Report on Tourism, Water and
       Waste in Akaroa as they found this a very interesting read.

               Remuneration Authority Determination
               Correspondence regarding Abolition and Inclusion Process
               Forsyth Barr Quarterly International Economic Review and Financial Markets Outlook
               Memorandum of Understanding on Rural Fire Control Liaison
               Environmental Services Activity for January 2004
               Drinking Water Supply Sampling Results
               Council Website – Public Access Statistics for the Month of January 2004
               Tourism, Water and Waste in Akaroa – Lincoln University Report

       Cr Lowndes/Cr Jolliffe
       (04/38)

       That Council resolve to receive the February 2004 Information Pack.
                                                                                                    Carried

       CrRolley /Cr Brown
       (04/39)

       Resolved that the Officers Reports be received.
                                                                                                    Carried

Lunch break was taken at 12:30 pm and the meeting resumed at 1:00 pm.




                                                                                                     PAGE 18
                    Ordinary Meeting of the Banks Peninsula District Council – 17 March 2004




11.0 PUBLIC EXCLUDED

* Items Removed *



There being no further business the Mayor closed the meeting at 2:30 pm


       Chairman:          _________________________________
                          The Mayor, B Parker

                                                                               Date:      _____/___________/2004




                                                                                                                   PAGE 19

				
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