COUNCIL MEETING Commencing at 3pm on Tuesday 16 September 2014 Council Chamber District Council Building King George Place Timaru
TIMARU DISTRICT COUNCIL Notice is hereby given that a meeting of the will be held in the Council Chamber, District Council Building, King George Place, Timaru on Tuesday 16 September 2014, at 3pm. The meeting will be preceded by a citizenship ceremony at 2pm. LOCAL AUTHORITIES (MEMBERS INTERESTS) ACT 1968 Councillors are reminded that if you have a pecuniary interest in any item on the agenda, then you must declare this interest and refrain from discussing or voting on this item, and are advised to withdraw from the meeting table. Peter Nixon CHIEF EXECUTIVE
TIMARU DISTRICT COUNCIL MEETING 16 SEPTEMBER 2014 AGENDA Item No Page No 1 Opening Prayer - Rev Rory Grant, Timaru Presbyterian Parish 2 Apology 3 Public Forum 4 Identification of Urgent Business 5 Identification of Matters of a Minor Nature 6 1 Confirmation of Minutes Council Meeting 12 August 2014 7 8 Schedule of Functions Attended by the Mayor and Deputy Mayor and Councillors 8 11 Schedule of Functions Attended by the Chief Executive 9 12 Affixing of the Common Seal 10 13 Contracts Let by the Chief Executive Under Delegated Authority 11 14 Safer Communities Committee Appointment of Aoraki Migrant Centre Representative 12 15 Recommendation from Standing Committee 13 23 Receipt of Community Board and Committee Minutes 14 Consideration of Urgent Business Items 15 Consideration of Minor Nature Matters 16 Public Forum Items Requiring Consideration 17 24 Exclusion of the Public 1 25 Confirmation of Minutes Council meeting 12 August 2014 2 27 Aoraki Development and Promotions Limited (ADBT) Directors 3 52 Readmittance of the Public Council Meeting #898585 16 September 2014
TIMARU DISTRICT COUNCIL FOR THE MEETING OF 16 SEPTEMBER 2014 Report for Agenda Item No 6 Prepared by Peter Nixon Chief Executive Confirmation of Minutes Council Meeting 12 August 2014 Minutes of the 12 August Council meeting. Recommendation That the minutes of the Council meeting held on 12 August 2014, excluding the public excluded section, be confirmed as a true and correct record. #896479 2 2 September 2014
TIMARU DISTRICT COUNCIL MINUTES OF A MEETING OF THE TIMARU DISTRICT COUNCIL HELD IN THE COUNCIL CHAMBER, DISTRICT COUNCIL BUILDING, KING GEORGE PLACE, TIMARU ON TUESDAY 12 AUGUST 2014 AT 3PM PRESENT APOLOGIES IN ATTENDANCE Mayor Damon Odey (Chairperson), Clrs Anthony Brien, Peter Burt, Richard Lyon, Pat Mulvey, Kerry Stevens, Tracy Tierney and Steve Wills Clrs Dave Jack and Steve Earnshaw Chris Fisher Geraldine Community Board (for in-attendance) Noeline Clarke Temuka Community Board for the public part of the meeting Chief Executive (Peter Nixon), Group Manager District Services (Ashley Harper), Group Manager Corporate Services (Tina Rogers), Group Manager Community Services (Sharon Matson), Group Manager Regulatory Services (Chris English), Council Secretary (Joanne Brownie) OPENING PRAYER Bob Sidal of Woodlands Street Methodist Church offered a prayer for the work of the Council. 1 CONFIRMATION OF MINUTES COUNCIL MEETING 24 JUNE 2014 Proposed Clr Stevens Seconded Clr Wills That the minutes of the Council meeting held on 24 June 2014, excluding the public excluded section, be confirmed as a true and correct record. MOTION CARRIED 2 SCHEDULE OF FUNCTIONS ATTENDED BY THE MAYOR, DEPUTY MAYOR AND COUNCILLORS Proposed Clr Burt Seconded Clr Brien That the schedule of functions attended by the Mayor, Deputy Mayor and Councillors be received. MOTION CARRIED #896479 3 2 September 2014
3 SCHEDULE OF FUNCTIONS ATTENDED BY THE CHIEF EXECUTIVE Proposed Clr Wills Seconded Clr Burt That the schedule of functions attended by the Chief Executive be received and noted. 4 AFFIXING OF THE COMMON SEAL Proposed Clr Stevens Seconded Clr Tierney MOTION CARRIED That the affixing of the Common Seal to the following documents be noted: Date Document 24 July 2014 Warrant of Appointment Leonard Smythe, Development and Renewal Engineer Enforcement Officer, Bylaw Officer 24 July 2014 Warrant of Appointment David Laws, Building Advisor Authorised Officer for the purposes of the Building Act 2004. MOTION CARRIED 5 CONTRACT LET BY THE CHIEF EXECUTIVE UNDER DELEGATED AUTHORITY Proposed Clr Tierney Seconded Clr Mulvey That the following information on a contract let by the Chief Executive under delegated authority, be received. Contract Number / Description Number of Tenders Price Range $ Successful Tenderer and Price Contract 2133 Domain Avenue Timaru Kerb and Channel Stage 3 All prices exclude GST 6 $134,225.93 to $197,386.71 Tenders were evaluated by the Lowest Price Conforming Method. $134,225.93 Downer NZ Ltd MOTION CARRIED #896479 4 2 September 2014
6 COUNCIL REPRESENTATION FOR THE TIMARU DISTRICT PLAN REVIEW The Council considered a report by the District Planning Manager, on the options for the pending District Plan Review and the representation model for the review. 1. That the report be received. Proposed Clr Brien Seconded Clr Mulvey 2. That all Councillors are involved in the District Plan Review prior to notification of the proposed plan. 3. That prior to notification of the proposed plan, all Council decisions on the District Plan Review should be made by the Resource Planning and Regulatory Committee. 4. That post notification of the proposed plan, the Council is broken into agreed sub-committees to deal with separate parts of the proposed plan. The composition of these sub-committees should be determined post notification when an understanding of what the major issues are can be obtained. 5. That at the stage of hearing submissions on the proposed plan, an Independent Commissioner(s) will be considered to chair the hearings committee and write decisions. The decision on whether to use a Commissioner(s) or not will be based on the complexity of the issues involved and the availability of Councillors with the appropriate hearing accreditation. 6. That Council s statutory obligations regarding iwi contribution to decision making processing in relation to the District Plan Review are implemented by: a. Retaining a place for an Iwi representative on the Resource Planning and Regulatory Committee and any relevant sub-committee that addresses a matter of concern to Maori. b. Inviting the Iwi representative to all Council workshops on the District Plan Review. c. Council engaging a consultant acceptable to iwi who specialises in Maori resource management to liaise with local Iwi on behalf of Council. d. Council making best endeavours to provide all relevant information to iwi about the District Plan Review. 7. To ensure Council has an appropriate knowledge of the RMA, Councillors are recommended to complete the Ministry for the Environment s Making Good Decisions course if they have not already done so. MOTION CARRIED #896479 5 2 September 2014
7 LOAN RAISING PROGRAMME 2014/15 (File L5/2) The Council considered a report by the Group Manager Corporate Services on the loan raising programme for 2014/15. Proposed Clr Tierney Seconded Clr Wills 1 That this report be received and noted. 2 That the Council adopts the attached resolution in regard to the following loan: Development Loan No. 1 2014 $17,288,200 Development Loan No. 2 2014 (DWS) $4,000,000. 8 RECEIPT OF COMMUNITY BOARD AND COMMITTEE MINUTES Proposed the Mayor Seconded Clr Lyon That the minutes of the following meetings be received: Temuka Community Board 7 July 2014 Geraldine Community Board 9 July 2014 Community Development Committee 29 July 2014 29 July 2014 District Services Committee 29 July 2014 Policy and Development Committee 29 July 2014. 9 EXCLUSION OF THE PUBLIC Proposed the Mayor Seconded Clr Tierney MOTION CARRIED MOTION CARRIED That the Council resolves to exclude the public on the grounds contained in Section 48(1) of the Local Government Official Information and Meetings Act: Confirmation of Minutes Council meeting Section 7(2)(a) Section 7(2)(b)(ii) Section 7(2)(h) The withholding of the information is necessary to protect the privacy of natural persons. The withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information. The withholding of the information is necessary to enable the Council to carry out, without prejudice or disadvantage, commercial activities. MOTION CARRIED #896479 6 2 September 2014
10 READMITTANCE OF THE PUBLIC Proposed the Mayor Seconded Clr Wills That the public be readmitted to the meeting. MOTION CARRIED The meeting concluded at 3.15pm. Chairperson #896479 7 2 September 2014
TIMARU DISTRICT COUNCIL FOR THE MEETING OF 16 SEPTEMBER 2014 Prepared by Peter Nixon Chief Executive Report for Agenda Item No 7 Schedule of Functions Attended by the Mayor, Deputy Mayor and Councillors Functions Attended by the Mayor 4 August Met with MP Jo Goodhew Opened 1914 War exhibition at the SC museum 5 August Met with PrimePort Timaru Ltd Chief Executive Visited Bluestone School penguin box project 6 August Hosted Justices of the Peace 200 th anniversary morning tea Met with ADBT Board District Licensing Committee meeting Met with RSA Chief Executive 7 August Met with Trust Aoraki representative Chaired TDHL Board meeting 8 August Attended SC Labour Market Workforce Strategy and Implementation Group meeting Spoke at Geraldine Museum extension opening 11 August Met with Aoraki Polytechnic representatives Met with Aoraki Polytechnic Chief Executive and Canterbury Development Corporation 12 August Attended Long Term Plan workshop Conducted citizenship ceremony Chaired Council meeting 13 August Met with ADBT Chief Executive Welcomed Japanese students from Tokyo Met with ADBT Chairperson 14 August Chaired Director and Trustee Appointment Subcommittee meeting Met with ADBT Board member Met with Aoraki Polytechnic Chief Executive #896479 8 2 September 2014
16 August Unveiled World War I commemorative plaque 18 August Attended Temuka Community Board meeting 19 August Talked to St Josephs School pupils Attended Pleasant Point Community Board meeting 20 August Radio interview Met with ADBT Chief Executive Conducted ADBT directorship interviews Attended Geraldine Community Board meeting 21 August Continued ADBT directorship interviews Met with Christmas parade organiser Attended opening of new Craighead boarding house 22 August Took part in Cancer Society golf tournament 25 August Conducted ADBT directorship interviews 26 August Attended Aoraki Polytechnic Big Machine Workshop opening 27 August District Plan Review meeting with ECan Met with Orari community 28 August Met with stakeholders to discuss PrimePort property Met with Civic Assurance representative 29 August Attended Civil Defence meeting and Mayoral forum in Christchurch Attended SC Business Awards 30 August Took part in Alzheimers walk 2 September Attended Standing Committee meetings 3 September Opened new Gleniti School learning block Attended Tier 3 management meeting 4 September Chaired TDHL meeting Met with ADBT Chief Executive 5 September Attended Te Ana Whakairo strategic planning session Opened Mays Bakery at Washyke In addition to the above duties I met with 7 members of the public on various matters. Functions Attended and Duties Undertaken by Deputy Mayor in Addition to Councillor Duties 4 August Presented Community Youth Spirit Award Attended Orari-Opihi-Pareora Water Management Committee meeting #896479 9 2 September 2014
14 August Attended Director and Trustee Appointment Subcommittee meeting 20 August Attended ADBT directorship interviews 21 August Attended ADBT directorship interviews 25 August Attended ADBT directorship interviews Functions Attended and Duties Undertaken by Councillors on Behalf of the Mayor 7 August Clr Wills attended the Heartland launch Recommendation That the report be received and noted. #896479 10 2 September 2014
TIMARU DISTRICT COUNCIL FOR THE MEETING OF 16 SEPTEMBER 2014 Prepared by Peter Nixon Chief Executive Schedule of Functions Attended by the Chief Executive Report for Agenda Item No 8 Functions Attended by the Chief Executive 1 August Attended book launch at museum 11 August Attended Chief Executives Forum Attended Co ordinating Executive Group meeting 12 August Attended Long Term Plan workshop Attended citizenship ceremony Attended Council meeting 14 August Attended Director and Trustee Appointment Subcommittee meeting 19 August Te Ana Whakairo Ltd conference call 20 August Met with ADBT Chief Executive Attended ADBT directorship interviews 21 August Attended ADBT directorship interview Attended presentation by ANZ economist 25 August Attended ADBT directorship interview 26 August Met with Department of Internal Affairs local government directorate 27 August District Plan Review meeting with ECan 28 August Met with Civic Assurance representative 29 August Attended Civil Defence meeting and Mayoral forum in Christchurch 2 September Attended Standing Committee meetings 4 September Attended TDHL Board meeting 5 September Attended Te Ana Whakairo strategic planning session Recommendation That the report be received and noted. #896479 11 2 September 2014
TIMARU DISTRICT COUNCIL FOR THE MEETING OF 16 SEPTEMBER 2014 Prepared by - Peter Nixon Chief Executive Report for Agenda Item No 9 Affixing of the Common Seal Recommendation That the affixing of the Common Seal to the following documents be noted: Date Document 7 August 2014 Warrant of Appointment Bylaws Monitoring Officer Karlee Cook 18 August 2014 Debenture Trust Deed Computershare Investor Services Ltd #896479 12 2 September 2014
TIMARU DISTRICT COUNCIL FOR THE MEETING OF 16 SEPTEMBER 2014 Report for Agenda Item No 10 Prepared by Peter Nixon Chief Executive Contract Let by the Chief Executive Under Delegated Authority Recommendation That the following information on a contract let by the Chief Executive under delegated authority, be received. Contract Number / Description Contract 2135 Pleasant Point Parks Grounds Maintenance Number of Tenders Price Range $ 4 $99,882.80 to $221,505.88 Tenders were evaluated by the Weighted Attributes Method Successful Tenderer and Price Sicon Ferguson Ltd $99,882.80 Contract 2117 Waitohi- Temuka Road Kerb and Channel Extension and Pavement Rehabilitation 5 $327,148.78 to $389,356.15 Tenders were evaluated by the Lowest Price Conforming Method Whitestone Contracting Ltd $327,148.78 All prices exclude GST #896479 13 2 September 2014
TIMARU DISTRICT COUNCIL FOR THE MEETING OF 16 SEPTEMBER 2014 Report for Agenda Item No 11 Prepared by Peter Nixon Chief Executive Safer Communities Committee Appointment of Aoraki Migrant Centre Representative At the Safer Communities Committee meeting on 14 July 2014 it was recommended that a representative of the Aoraki Migrant Centre Rosie Knoppel be appointed to the Safer Communities Committee. Rosie Knoppel is the Migrant Support Coordinator and New Comers Network Coordinator for the centre. Recommendation That a representative from the Aoraki Migrant Centre be appointed to the Safer Communities Committee. #896479 14 2 September 2014
TIMARU DISTRICT COUNCIL FOR THE MEETING OF 16 SEPTEMBER 2014 Report for Agenda Item No 12 Prepared by Chris English Group Manager Regulatory Services Recommendation from 2 September 2014 Psychoactive Substances Act 2013 Draft Local Approved Products Policy At the meeting of 2 September 2014, a report on developing a policy on Pyschoactive Substances was considered. The Committee resolved to recommend to Council that the Draft Local Approved Products Policy be adopted, subject to clarification of existing use rights. Since the meeting, it has been clarified that there are no existing use rights, all applications will be based on the new criteria. The policy is attached for reference. Recommendation That the Local Approved Products Policy be adopted. #896479 15 2 September 2014
Local Approved Products Policy 2014 1.0 Introduction The Psychoactive Substances Act 2013 (the Act) came into force on 18 July 2013. It seeks to regulate the importation, manufacture, sale, supply and possession of psychoactive substances. These are the active ingredients in party pills, energy pills and herbal highs. The purpose of the Act is to regulate the availability of psychoactive substances in New Zealand to protect the health of, and minimise harm to, individuals who use psychoactive substances. To achieve this, the Act provides for licences to be issued by the Psychoactive Substances Regulatory Authority (PSRA) for the right to retail psychoactive substances. Sections 66 s.69 of the Act allows territorial authorities to develop a policy for their area which outlines where retail outlets of approved psychoactive substances can be located. The Act refers to these policies as Local Approved Products Policy. The Act defines what a Council Local Approved Products Policy (LAPP) can address: Location of premises from which approved products may be sold by reference to broad areas within the district. Location from which approved products may be sold by reference to proximity to other premises from which approved products is sold within the district. Location of premises from which approved products may be sold by reference to proximity to premises or facilities of a particular kind or kinds within the district (for example, kindergartens, early childhood centres, schools, places of worship, or other community facilities. 2.0 Objectives This LAPP will provide guidance to PSRA as to which locations it is appropriate to grant retail licences for approved products to be sold within the Timaru District. The objectives of this policy are: Minimise the harm to the community caused by psychoactive substances by defining the permitted location of retail premises. Minimise the exposure and potential for harm to vulnerable members of the community, from the sale of the psychoactive substances. Minimise the potential for adverse effects from the sale of psychoactive products to sensitive sites and residential areas. Ensure that the Council and the community have influence over the location of retail premises in the District. 3. 0 Scope This policy applies to any application for a licence as defined in the Act to sell approved products from a retail premise from the date that this policy comes into force. #896479 16 2 September 2014
This policy does not apply to retail premises where internet sales only, are made or to premises where the sale of approved products is by wholesale only. This policy does not limit the number of retail premises or restrict the issue of new licences. Provided the applicant meets the policy criteria and the provisions of the Act. The requirements of the Resource Management Act 19991 and the Hazardous Substances and New Organisms Act 1996 must be met in respect of any premises holding a licence. 4. 0 Definitions When interpreting this policy the definitions set out in s. 8 of the Act apply unless the context requires otherwise. If you see a reference to a repealed Act, regulation, District Plan, bylaw or policy, read that as a reference to its replacement. The Act Means the Psychoactive Substances Act 2013 Approved location Means an area where premises from which approved products may be sold are permitted to be located Approved Product Means a psychoactive product approved by the Authority under Section 37 of the Act. Authority Means the Psychoactive Substances Regulatory Authority (PSRA) established by Section 10 of the Act. Central Business District Means the area of Timaru defined by the operational Timaru District Plan Commercial 1A zone. Childcare facilities Means premises (public and private) where children are cared for or given basic tuition and includes a crèche, day or after-school care, pre-school, kindergarten, kohanga reo or play centre. This term excludes a school. Educational Institution Means institution as defined by the Education Act 1989 and amendments describing Schools, kindergartens, early childhood centres and tertiary education institutions. Licence Means a licence, as defined by the Act. Psychoactive Product or product Means a finished product packaged and ready for retail sale that is a psychoactive substance or that contains one or more psychoactive substance. Psychoactive substance Means a substance, mixture, preparation, article, device, or thing that is capable of inducing a psychoactive effect (by any means) in an individual who uses the psychoactive substance and defined further in s.9 of the Act. #896479 17 2 September 2014
Regulations Retailer Retail Premises Specialist Treatment and Support Services Sensitive Site Means regulations made under the Act. Means a person engaged in any business that includes the sale of products by retail. Means premises for which a licence to sell approved products by retail has been granted by the Authority Means externally funded mental health, problem gambling, alcohol and other drug specialist treatment and support service, including pharmacies. Means sites which are used by people who are, or may be, more vulnerable to the influence of the sale of psychoactive substances. Includes: Any library, museum, community hall, recreational facility, public toilets; District Court; Any place of worship, school, childcare facilities, or other educational institution; Any premises occupied by a social welfare agency such as Work and Income or Housing New Zealand; Specialist Treatment and Support Service facility; Any property located in the residential zone in the operative Timaru Council District Plan; Medical centres; King George Place, Strathallan Corner, Piazza, Caroline Bay and Landing Services. #896479 18 2 September 2014
Local Approved Products Policy 5. 0 Broad Areas The retail premises selling psychoactive substances shall be restricted to the Commercial 1A Zone as defined by the operative District Plan and illustrated in Appendix 1. 6. 0 Proximity to Other Premises New licences for the sale of approved psychoactive products are not permitted within a distance of 100 metres of the closest legal boundary of an existing premise holding a licence (interim or full) to sell approved products. (Appendix 1, currently with 150 and 50 meter comparison) 7. 0 Proximity to Sensitive Sites Premises within the Timaru District from which approved products may be sold are not permitted to be located within a distance of 100 metres of the closest legal boundary of any of a sensitive site existing at the time the licence application is made. (Appendix 1, currently with 150 and 50 metre comparison) 8.0 Review This Policy will be reviewed: every five years as required by the Act; or at the request of Council; or in response to District Plan Zoning changes; or in response to legislative changes; or in response to any issues that may arise. #896479 19 2 September 2014
Appendix 1 Indication of Proposed Broad Areas and Proximity distances to other premises and sensitive sites. NB: Recommendation is for 100 metres but have included 50 meters and 150 meters for comparison to allow Committee discussion. Council Meeting #898585 20 16 September 2014
Council Meeting #898585 21 16 September 2014
Council Meeting #898585 22 16 September 2014
TIMARU DISTRICT COUNCIL FOR THE MEETING OF 16 SEPTEMBER 2014 Report for Agenda Item No 13 Prepared by Peter Nixon Chief Executive Receipt of Community Board and Committee Minutes Minutes of Community Board and Committee Meetings Recommendation That the minutes of the following meetings be received: Temuka Community Board 18 August 2014 Pleasant Point Community Board 19 August 2014 Geraldine Community Board 20 August 2014 Community Development Committee 2 September 2014 2 September 2014 District Services Committee 2 September 2014 Policy and Development Committee 2 September 2014 Council Meeting #898585 23 16 September 2014
TIMARU DISTRICT COUNCIL FOR THE MEETING OF 16 SEPTEMBER 2014 Report for Agenda Item No 17 Prepared by Peter Nixon Chief Executive Exclusion of the Public Recommendation That the Council resolves to exclude the public on the grounds contained in Section 48(1) of the Local Government Official Information and Meetings Act: Confirmation of Minutes Council meeting Section 7(2)(a) Section 7(2)(b)(ii) Section 7(2)(h) ADBT Appointments Section 7(2)(a) The withholding of the information is necessary to protect the privacy of natural persons. The withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information. The withholding of the information is necessary to enable the Council to carry out, without prejudice or disadvantage, commercial activities. The withholding of the information is necessary to protect the privacy of natural persons. Council Meeting #898585 24 16 September 2014