Agenda of Bay of Islands-Whangaroa Community Board Meeting

Bay of Islands-Whangaroa Community Board Meeting Agenda

13 August 2018

The Local Government Act 2002 states the role of a Community Board is to:-

(a) Represent, and act as an advocate for, the interests of its community;

(b) Consider and report on all matters referred to it by the territorial authority, or any matter of interest or concern to the community board;

(d) Prepare an annual submission to the territorial authority for expenditure within the community;

(e) Communicate with community organisations and special interest groups within the community;

(f) Undertake any other responsibilities that are delegated to it by the territorial authority

Council Delegations to Community Boards - January 2013

The "civic amenities" referred to in these delegations include the following Council activities:

· Amenity lighting

· Cemeteries

· Drainage (does not include reticulated stormwater systems)

· Footpaths/cycle ways and walkways.

· Public toilets

· Reserves

· Halls

· Swimming pools

· Town litter

· Town beautification and maintenance

· Street furniture including public information signage.

· Street/public Art.

· Trees on Council land

· Off road public car parks.

· Lindvart Park – a Kaikohe-Hokianga Community Board civic amenity.

Exclusions: From time to time Council may consider some activities and assets as having district wide significance and these will remain the responsibility of Council. These currently include: The roading network, Hundertwasser toilets, District Library Network, Baysport, the Kerikeri, Kaikohe & Kaitaia Airports, Hokianga Vehicle Ferry, i-Site network, Far North Community Centre, Kerikeri Domain, Kawakawa Heated Swimming Pool, Kaikohe Cemetery, Kerikeri Sports Complex, The Centre at Kerikeri, the Bay of Islands/Hokianga Cycle Trail.

Set local priorities for minor capital works in accordance with existing strategies,

1. Recommend local service levels and asset development priorities for civic amenities as part of the Annual Plan and Long Term Plan processes.

2. Reallocate capital budgets within the Annual Plan of up to 5% for any specific civic amenity, provided that the overall activity budgetary targets are met.

3. Make grants from the allocated Community Funds in accordance with policy 3209, and the SPARC/Sport Northland Rural Travel fund in accordance with the criteria set by the respective body, and, for the Bay of Islands-Whangaroa Community Board, the power to allocate the Hundertwasser Donations Account.

4. Provide comment to council staff on resource consent applications having significance within the Community, including the provision of land for reserves or other public purposes.

5. To hold, or participate in hearings, as the Council considers appropriate, in relation to submissions pertinent to their community made to plans and strategies including the Long Term Plan and Annual Plan, and if appropriate recommend decisions to the Council.

6. To hold hearings of submissions received as a result of Special Consultative Procedures carried out in respect of any matter other than an Annual or Long Term Plan, and make recommendations to the Council.

7. Where recommended by staff to appoint management committees for local reserves, cemeteries, halls, and community centres.

8. To allocate names for previously unnamed local roads, reserves and other community facilities, and recommend to Council name changes of previously named roads, reserves, and community facilities subject to consultation with the community.

9. To consider the provisions of new and reviewed reserve management plans for recommendation to the Council in accordance with the Reserves Act 1977, and hear or participate in the hearing of submissions thereto, as considered appropriate by the Council.

10. To provide recommendations to the Council in respect of applications for the use and/or lease of reserves not contemplated by an existing reserve management plan.

11. Prohibit the use of skateboards in specified locations within their communities, in accordance with Council’s Skating Bylaw 1998.

12. Recommend new bylaws or amendments to existing bylaws.

13. Prepare and review management plans for local cemeteries within budget parameters and in a manner consistent with Council Policy.

14. Exercise the following powers in respect of the Council bylaws within their community:

a. Control of Use of Public Spaces – Dispensations on signs

b. Mobile Shops and Hawkers – Recommend places where mobile shops and/or hawkers should not be permitted.

c. Parking and Traffic Control – Recommend parking restrictions, and areas where complying camping vehicles may park, and consider and grant dispensations in accordance with clause 2007.2

d. Public Places Liquor Control – Recommend times and places where the possession or drinking of alcohol should be prohibited.

e. Speed Limits – Recommend places and speed limits which should be imposed.

15. To appoint Community Board members to speak on behalf of their community in respect of submissions or petitions.

16. Specific to the Bay of Islands-Whangaroa Community Board – consider any recommendations of the Paihia Heritage Working Group and make appropriate recommendations to Council on the development of a draft Plan Change and a Section 32 analysis on heritage provisions for Paihia.

17. To set schedule of meeting dates, times and venues, subject to the meetings not conflicting with meetings of the Council and satisfying the provisions of the Local Government Official information and Meetings Act 1987.

18. To review all proposed public art projects on a project-by project basis to ensure they comply with policy #5105 Art in Public Places, including approval of the aesthetic appearance, maintenance programme, insurance and appropriate location, and to agree to their installation.

19. In respect of applications from food establishments for permission to establish tables and chairs on a public place, i.e. Alfresco dining in accordance with Policy 3116, to consider and decide on any application which does not meet all criteria of the policy, and any application which staff recommend to be declined.

20. Subject to a report from the appropriate managers and the appropriate budgetary provision, to make decisions in respect of civic amenities including the levels of service, and the provision or removal of an amenity not provided for elsewhere in these delegations.

Terms of Reference

In fulfilling its role and giving effect to its delegations, Community Boards are expected to:

1. Comment on adverse performance to the Chief Executive in respect of service delivery.

2. Assist their communities in the development of structure plans, emergency management community response plans, and community development plans.

3. Assist their communities to set priorities for Pride of Place programmes.

4. Have special regard for the views of Maori.

5. Have special regard for the views of special interest groups, e.g. disabled, youth, aged, etc.

6. Actively participate in community consultation and advocacy and keep Council informed on local issues.

7. Seek and report to Council community feedback on current issues by:

a) Holding a Community forum prior to Board meetings

b) Varying the venues of Board meetings to enable access by members of the community

8. Monitor and make recommendations to Council to improve effectiveness of policy.

9. Appoint a member to receive Annual Plan\Long Term Council Community Plan submissions pertinent to the Board area, attend hearings within the Board area, and attend Council deliberations prior to the Plan adoption.

Protocols

In supporting Community Boards to fulfil their role, the Council will:

1. Provide appropriate management support for the Boards.

2. Organise and host regular workshops with the Community Boards l to assess the 'State of the Wards & District' to establish spending priorities.

3. Prior to decision-making, seek and include 'Community Board views' in Council reports in relation to:

a. the disposal and purchase of land

b. proposals to acquire or dispose of reserves

c. representation reviews

d. development of new maritime facilities

e. community development plans and structure plans

f. removal and protection of trees

g. local economic development initiatives

h. changes to the Resource Management Plan

4. Organise and host quarterly meetings between Boards, the CEO and senior management staff.

5. Prepare an induction/familiarisation process targeting new members in particular early in the term.

6. Support Board members to arrange meetings with local agencies and service clubs to place more emphasis on partnerships and raising profile of the Boards as community leaders.

7. Permit Board chairperson (or nominated member) speaking rights at Council meetings.

8. Help Boards to implement local community projects.

9. Arrange for Infrastructure and Asset Management Staff to meet with the Community Boards in September each year to agree the capital works for the forthcoming year for input into the Annual or Long Term Plan.

10. Provide information.

BAY OF ISLANDS-WHANGAROA COMMUNITY BOARD MEMBERS REGISTER OF INTERESTS

Name	Responsibility (i.e. Chairperson etc)	Declaration of Interests	Nature of Potential Interest	Member's Proposed Management Plan
Terry Greening	Greening Family Trust	Beneficiary		Highly unlikely to interface with FNDC
	Duffus Memorial Trust (Chairman)	Pensioner cottages with council easements over the land	Potential of seeking funds	Step aside from any requests or decisions regarding requests
	Bay of Islands Walking Weekend Trust		Potential of seeking funds	Step aside from any requests or decisions regarding requests
	Russell 2000 Trust (Chairman)			Trust is about to wind up.
	Russell Centennial Trust (ex-officio trustee)	Manages Russell Museum	Seeks funds from council	Step aside from any requests or decisions regarding requests
	Residence in Russell	Nil	Nil	N/A
Terry Greening (Wife)	Greening Family Trust	Beneficiary	N/A	N/A
Terry Greening (Wife)	Residence in Russell
Lane Ayr	Retired
	Home
	Residence in Kerikeri
Lane Ayr (Partner)	Riverview School
	Home
	Residence in Kerikeri
Martin Robinson	Self-employed
	Focus Paihia	Trustee
	Paihia Haven of History Trust	Trustee
	GE Tree Northland
	Own a Farm
Martin Robinson (Partner)	Home Maker
Martin Robinson (Partner)	Own Section, Lifestyle
Rachel Smith	Acura Accountants Director
	Self employed contractor- marketing and events
	Self employed
Rachel Smith (Partner)	Acura accountants Limited, Director
	Kerikeri Cruising Club	Treasurer
	Riverview School Board of Trustees	Treasury position.
Belinda Ward	Ward Jarvis Family Trust	Trustee
	Kenneth Jarvis Family Trust	Trustee
	Saltwater Trust	Trustee
Belinda Ward (Partner)	Ward Jarvis Family Trust	Trustee
	Kenneth Jarvis Family Trust	Trustee
	Saltwater Trust	Trustee
Bruce Mills	No form received
Manuwai Wells	No form received
Cr Kelly Stratford	Office manager at Kinghans.
	Denture assistant at Kawakawa Denture.	None	None
	Services self-employed as book keeper Kelly@ksbookkeeoing.net
Kelly Stratford (Husband)	Barista at 39 Gillies Delivery Fraser Mik

Bay of Islands-Whangaroa Community Board Meeting Agenda

13 August 2018

6 Confirmation of Previous Minutes

6.1 Confirmation of previous minutes

File Number: A2147823

Author: Kim Hammond, Meetings Administrator

Authoriser: Kate Barnes, Governance Support Team Leader

Purpose of the Report

The minutes are attached to allow the Bay of Islands-Whangaroa Community Board to confirm that the minutes are a true and correct record of the previous meeting.

Recommendation

That the Bay of Islands-Whangaroa Community Board agree that the minutes of the meeting of the Bay of Islands-Whangaroa Community Board held 02 July 2018 be confirmed as a true and correct record.

1) Background

Local Government Act 2002 Schedule 7 Section 28A states that a local authority must keep minutes of its proceedings. The minutes of these proceedings duly entered and authenticated as prescribed by a local authority are prima facie evidence of those meetings.

2) Discussion and Options

The minutes of the meeting are attached.

The Bay of Islands-Whangaroa Community Board Standing Orders Section 27.3 states that “no discussion may arise on the substance of the minutes at any succeeding meeting, except as to their correctness”.

Reason for the recommendation

The reason for the recommendation is to confirm the minutes as a true and correct record of the previous meeting.

3) Financial Implications and Budgetary Provision

There are no financial implications or the need for budgetary provision.

Attachments

1. Attachment 1: Bay of Islands-Whangaroa Community Board Minutes dated 02 July 2018 - Document number - A2107760 ⇩

Compliance schedule:

Full consideration has been given to the provisions of the Local Government Act 2002 S77 in relation to decision making, in particular:

1. A Local authority must, in the course of the decision-making process,

a) Seek to identify all reasonably practicable options for the achievement of the objective of a decision; and

b) Assess the options in terms of their advantages and disadvantages; and

c) If any of the options identified under paragraph (a) involves a significant decision in relation to land or a body of water, take into account the relationship of Māori and their culture and traditions with their ancestral land, water sites, waahi tapu, valued flora and fauna and other taonga.

2. This section is subject to Section 79 - Compliance with procedures in relation to decisions.

Compliance requirement	Staff assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	Not applicable.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	Not applicable.
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	This is a Community Board report.
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water.	None.
Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences.	Not applicable.
State the financial implications and where budgetary provisions have been made to support this decision.	There are no financial implications requiring input from the Chief Financial Officer.
Chief Financial Officer review.	The Chief Financial Officer has not reviewed this report.

Bay of Islands-Whangaroa Community Board Meeting Agenda

13 August 2018

MINUTES OF THE MEETING OF THE BAY OF ISLANDS-WHANGAROA COMMUNITY BOARD held AT ST John Hall, 85 Gillies Street, Kawakawa, On moNDAY 2 July 2018, COMMENCING AT 10:02 am.

PRESENT

Chairperson
Terry Greening
Members
Belinda Ward	Deputy Chairperson
Lane Ayr
Bruce Mills
Martin Robinson
Rachel Smith
Manuwai Wells
Kelly Stratford	Councillor
IN ATTENDANCE

STAFF PRESENT
Paul Carr	Manager – Infrastructure Project Delivery, Infrastructure Asset Management
Rob Koops	Property Services
Kim Hammond	Meetings Administrator

1.0 prayer

Councillor Stratford commenced the meeting with a prayer

2.0 Making and attesting of declaration

Agenda item 2.0, document number A2044857, pages 1 – 3 refers.

That the Bay of Islands-Whangaroa Community Board agrees that Manuwai Wells be appointed a member of the Bay of Islands-Whangaroa Community Board.

Carried

3.0 Apologies AND DECLARATIONS OF INTEREST

Agenda item 1.0 refers

There were no apologies

4.0 public forum

Agenda item 3.0 refers

Julie Clearwater, representing Maraenui Drive and Millwater Lane residents, spoke regarding the South Eastern Bypass – Kerikeri.

Erana Paraone spoke regarding

- Requested help for the dogs/stray dogs on Otiria Road, Moerewa.

- Need for a clear time for rubbish collection.

- Need a welcome to Moerewa signs at both ends of Moerewa.

- Funding for a community group

Paul Carr: Manager – Infrastructure Project Delivery, Infrastructure Asset Management introduced himself to the Board.

5.0 confirmation previous minutes

Agenda item 5.0, document number A2089123, pages 5 - 16 refers

Resolved Mills/Ayr

That the Bay of Islands-Whangaroa Community Board agree that the minutes of the meeting of the Bay of Islands-Whangaroa Community Board held 28 May 2018 be confirmed as a true and correct record, subject to the following amendment:

Item 5.1 – Airspace Lease – 30 School Road, Paihia was left to lie on the table due to lack of consultation undertaken.

Carried

Member Wells abstained from voting

The meeting adjourned at 10.27 am and reconvened at 10.43 am.

6.0 DEPUTATION

Agenda item 4.0 refers

Eric Rush spoke regarding Item 6.1 – Tauranga Bay Holiday Park Lease.

7.0 INFRASTRUCTURE AND ASSET MANAGEMENT GROUP

7.1 Tauranga Bay Holiday Park Lease

Agenda item 6.1; document number A2084794, pages 17 - 25 refers

Resolved Greening/Mills

That the Bay of Islands-Whangaroa Community Board recommends to Council:

a) Subject to S54 of the Reserves Act 1977, Far North District Council grants a lease on the Tauranga Bay Recreation Reserve being Lot 1 DP 69081 to the current lessee, Wupi Investments Ltd

Council grants a lease on the freehold titles being Lot 1 DP 54531 and Lot 1 DP90523 to the current lessee, Wupi Investments Ltd

The term of both leases shall be:

Initial Term: 21 years

Right of Renewal: One further term of 21 years

b) Council authorises the General Manager Infrastructure & Asset Management to negotiate further terms and conditions for both leases which shall be on industry practise commercial terms, at market rent and in accordance with Council policy #5020 - Council-Owned Campgrounds.

Carried

Member Wells abstained from voting

7.2 Lease of part Kororipo –Kerikeri Basin Recreation Reserve – The Pear Tree Restaurant

Agenda item 6.2, document number A2078674, pages 27 - 34 refers

Moved Greening/Stratford

The Bay of Islands-Whangaroa Community Board recommends that the Far North District Council, pursuant to its powers under sections 53(1)(h) and 54(1)(d) of the Reserves Act 1977, grants a new lease of part of the Kororipo-Kerikeri Basin recreation reserve comprising approximately 2054m2 of the land contained in CFR NA836/15, to the existing tenant Pear Tree Kerikeri Limited and that the terms of the lease shall be:

Term: 5 years

Rent: Commercial rate to be determined by valuation

Right of Renewal: Two further terms of 5 years if no alternative need identified.

Area: To be approximately 2054m2 of the land contained in CFR NA836/15 as shown on the attached aerial plan.

Lost

Amendment moved Greening/Ayr

The Bay of Islands-Whangaroa Community Board recommends that the Far North District Council maintains the current lease which expires on 30 April 2022 with no amendments.

Lost

Amendment moved Smith/Stratford

Term: 5 years

Rent: Commercial rate to be determined by valuation

Right of Renewal: no right of renewal

Area: To be approximately 2054m2 of the land contained in CFR NA836/15 as shown on the attached aerial plan.

Subject to all concept plans being approved by Kororipo Stone Store Basin Management Group

Carried

The amendment became the substantive motion

Resolved Smith/Stratford

Term: 5 years

Rent: Commercial rate to be determined by valuation

Area: To be approximately 2054m2 of the land contained in CFR NA836/15 as shown on the attached aerial plan.

Right of Renewal: no right of renewal

Subject to all concept plans being approved by Kororipo Stone Store Basin Management Group.

Carried

Note – that there was no evidence in the report of Ngati Rehia withdrawing their submission and the Board has taken the report at face value.

Attendance: Councillor Stratford left the meeting at 11.45 am and rejoined the meeting at 11.46 am.

Attendance: Member Wells left the meeting at 11.49 m and rejoined the meeting at 11.51 am.

8.0 CORPORATE SERVICES GROUP

8.1 Chairperson and Members Reports

Agenda item 7.1 document number A2089280, pages 35 - 47 refers

Resolved Ward/Smith

That the Bay of Islands-Whangaroa Community Board note the reports from the Chairperson and Members Ward, Smith, Ayr and Mills.

Carried

8.2 Funding Project Report

Agenda item 7.3, document number A2089291, pages 49 - 52 refers

Moved Robinson/Smith

That the Bay of Islands-Whangaroa Community Board note the project report received from Kaeo Rugby Sports Club Incorporated

Carried

8.3 Application for Funding – Bay of Islands Jazz & Blues Festival

Agenda item 7.3, document number A2090273, pages 53 - 62 refers

Moved Ward/Smith

That the Bay of Islands-Whangaroa Community Board approve the sum of $2,077.39 (plus GST if applicable) to be paid per annum for a period of three years total sum $6,232.17 from the Boards Community Fund account to Bay of Islands Jazz & Blues Festival for the cost to provide a shuttle bus for the following reasons:

i) Support and value all people; especially the young, the elderly, and people with disabilities.

ii) Promote the Far North so that it is recognised as an attractive place to work, do business, and visit.

Lost

Amendment moved Robinson/Ayr

That the Bay of Islands-Whangaroa Community Board approve the sum of $2,077.39 (plus GST if applicable) to be paid from the Board’s Community Fund account to Bay of Islands Jazz & Blues Festival for the cost to provide a shuttle bus for the following reasons:

i) Support and value all people; especially the young, the elderly, and people with disabilities.

ii) Promote the Far North so that it is recognised as an attractive place to work, do business, and visit.

The amendment became the substantive motion

Resolved Robinson/Ayr

i) Support and value all people; especially the young, the elderly, and people with disabilities.

ii) Promote the Far North so that it is recognised as an attractive place to work, do business, and visit.

Carried

8.4 Road Naming – Private Road off Access Road, Kerikeri

Agenda item 7.4 document number A2089272, pages 63 - 73

Moved Stratford/Smith

That the Bay of Islands-Whangaroa Community Board, pursuant to Council’s Road Naming and Property Addressing Policy #2125, name a private accessway currently addressed 41 - 43 Access Road, Kerikeri, “Ara Lane”, as per map (A2041744).

Amendment moved Smith/Wells

Carried

The amendment became the substantive motion

Resolved Smith/Wells

Carried

Councillor Stratford and Member Ward requested their vote against the motion be recorded

8.5 Road Naming – Public Road off Fernbird Grove, Kerikeri

Agenda item 7.5 document number A2088695, pages 75 - 80 refers

Resolved Robinson/Ayr

That the Bay of Islands-Whangaroa Community Board, pursuant to Council’s Road Naming and Property Addressing Policy #2125, name the public road, created by way of subdivision at 159 Fernbird Grove, “Spoonbill Drive”, as per maps (A2042115) and (A2042118).

Carried

9.0 INFORMATION REPORTS

Agenda item 8.0 document number A2090050, pages 81- 83 refers

Resolved Greening/Mills

That the Bay of Islands-Whangaroa Community Board receive the following report Community and Customer Services report dated 12 June 2018.

Carried

9.0 Additional papers

Resolved Greening/Smith

That the Bay of Islands-Whangaroa Community Board receive the following additional papers:

a) Letter from Julie Clearwater

b) Council-Owned Campgrounds Policy

c) Letter from Rt Hon Jacinda Ardern

Carried

10.0 Close of meETING

The meeting closed at 12:15 pm

Terry Greening

Chairperson

_______/_______/_______

Bay of Islands-Whangaroa Community Board Meeting Agenda

13 August 2018

7 Corporate Services Group

7.1 Chairperson and Members Report

File Number: A2134882

Author: Kim Hammond, Meetings Administrator

Authoriser: Kate Barnes, Governance Support Team Leader

Purpose of the Report

The reason for the recommendation is to note the reports from the Chairperson and Members. The reports provide feedback to the community on matters of interest or concern to the Community Board and how the Community Board has communicated with community organisations and special interest groups within the community.

Recommendation

That the Bay of Islands-Whangaroa Community Board note the reports from the Chairperson Greening and Members Ward, Wells, Smith and Mills

1) Background

The Local Government Act 2002 Part 4 Section 52 states that the role of a community board is to represent, and act as an advocate for the interests of its community.

2) Discussion and Options

Community Boards are required to consider and report on any matters of concern or interest to the Community Board, maintain an overview of services provided to the community and communicate with community organisations and special interest groups within the community.

The reports from the Chairperson and Members provide information to community on these requirements. They also provide Request for Service (RFS) information on issues of interest or concern to the Community Board, providing a reference for further enquiry on the progress of the matters raised.

The reports from the Chairperson and Members are attached.

Reason for the recommendation

The reason for the recommendation is to provide information to the Community on the work that has been undertaken by the Chairperson and Members on its behalf.

3) Financial Implications and Budgetary Provision

There are no financial implications or the need for budgetary provision as a result of this report.

Attachments

1. Attachment 1: Chairperson Greening Community Board Members report - Document number - A2137450 ⇩

2. Attachment 2: Member Ward Community Board Members report - Document number - A2134829 ⇩

3. Attachment 3: Member Wells Community Board Members report - Document number - A2143387 ⇩

4. Attachment 4: Member Smiths Community Board Members report - Document number - A2136966 ⇩

5. Attachment 5: Member Mills Community Board Members report - Document number - A2138677 ⇩

Compliance schedule:

Full consideration has been given to the provisions of the Local Government Act 2002 S77 in relation to decision making, in particular:

1. A Local authority must, in the course of the decision-making process,

a) Seek to identify all reasonably practicable options for the achievement of the objective of a decision; and

b) Assess the options in terms of their advantages and disadvantages; and

2. This section is subject to Section 79 - Compliance with procedures in relation to decisions.

Compliance requirement	Staff assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	Not applicable
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	Not applicable
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	This is a Community Board report.
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water.	Not applicable
Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences.	Yes
State the financial implications and where budgetary provisions have been made to support this decision.	There are no financial implications or the need for budgetary provision.
Chief Financial Officer review.	The Chief Financial Officer has not reviewed this report.

Bay of Islands-Whangaroa Community Board Meeting Agenda

13 August 2018

COMMUNITY BOARD MEMBER’S REPORT

Report to: Bay of Islands-Whangaroa Community Board

Member Name: Belinda Ward

Subdivision: Paihia

Date: July 2018

Meetings

25/06/18	Focus Paihia "Focus on Waste" Presentation - Paihia War Memorial Hall
25/06/18	Bay Of Islands-Whangaroa Community Board Strategic Plan Workshop - St John's Ambulance Kawakawa
02/07/18	Bay Of Islands-Whangaroa Community Board Meeting - St John's Ambulance Kawakawa
07/07/18	Bay Of Islands Community Centre opening - Paihia Mall
09/07/18	Paihia War Memorial Hall Committee Meeting - PWMH
18/07/18	Paihia District Resident & Ratepayers AGM - BOI Community Centre
20/07/18	NZ Tourism Roadshow - Copthorne Resort Waitangi

Projects/Issues

- Still working with District Facilities Manager to remedy the drainage & flooding issues in front of Paihia War Memorial Hall.

- Have received numerous emails for Craft Market Guidelines to be updated in "Paihia Village Green Management Plan". There is an urgency to resolve this prior to the summer season. Chair has requested a report.

- 14/06/18 Work commenced on revetment at Waitangi. No further work appears to have taken place since.

Resource Consents

Nil

Requests for Service/Information

	Foreshore Erosion Waitangi end of beach in front of Coastal Kayakers. UNRESOLVED - but safety action taken. Consultation taking place with Iwi FNDC & NRC. Issues with unconsented works around the site. IN PROGRESS.
RFS3795613	18/04/18 Follow up on flooding issues in front apron of Paihia War Memorial Hall. IN PROGRESS
RFS3886721	04/05/18 2 x huge potholes in 2nd carpark to the east of the playground on Marsden Road. UNRESOLVED
RFS3886723	04/05/18 Big pothole/sinkhole in the middle of the Marsden Road pedestrian crossing where the traffic lights are. RESOLVED but still sinking!!
	18/12/17 The Shop Keepers/ Hawkers have popped up as we head into summer. Of particular safety interest is the private site on Puketona Road between Caltex & Gateway Motel. The southern entry/exit is very dangerous as it is on SH11, cuts across the face of the busy Caltex Service Station & did not have approval. UNRESOLVED but is work in progress with Council issuing formal notification on the property owner. Now a retail building & car yard on the site.
Older Outstanding RFS:
RFS3717931	01/10/15 Formation of driveway & parking on road reserve Marsden Close Apts cnr Marsden & School Roads - Response & now work in progress. NO OUTCOME TO DATE
RFS3717930	01/10/15 Pedestrian safety issues & parking in front of Heritage Boutique Hotel (The Waterfront) Marsden Road Paihia - Pending NZTA response. Bollard destroyed again, noted 10/12/2016. Crudely repaired some weeks later & replaced. Pending NZTA & FNDC response re ownership of bollards. Bollard destroyed in April 2018 yet again & repaired.
	14/11/2017 Noted more damage to bollards & rope now completely missing. This allows pedestrians to walk directly between the bollards on to SH11 with their backs to oncoming traffic travelling north as there is no curb & channel. Pending AS ABOVE.
	28/01/18 More bollards have been removed or damaged. Pending
	Bollard destroyed in April 2018 yet again & repaired. ONGOING damage to bollards. RFS has been referred to NZTA still awaiting a response.

In progress

Nil

Bay of Islands-Whangaroa Community Board Meeting Agenda

13 August 2018

7.2 Statement of Community Fund Account as at 30 June 2018

File Number: A2144839

Author: Jolene Graham, Accounting Support Officer

Authoriser: Samantha Edmonds, General Manager - Corporate Services

Purpose of the Report

The Community Fund account provides information on financial matters relating to the Bay of Islands-Whangaroa Community Board’s Community Fund which is allocated in accordance with the Community Grant Fund Policy.

Recommendation

That the Bay of Islands-Whangaroa Community Board note the report entitled “Statement of the Bay of Islands-Whangaroa Community Board Community Fund account as at 30 June 2018”.

1) Background

The statement is attached for the Board’s information and to provide sufficient information to enable the Board to allocate funds in accordance with the funds available. In accordance with the Community Grant Policy, section 10, “applications in excess of $3,000 may require the applicant to attend a Board meeting, subject to the Chairperson’s discretion”.

Community Fund Account balance as at 01 July 2017	$161,239.00
· Less funds granted and uplifted to 30 June 2018	$140,385.19
· Less funds not uplifted from 25 September 2017 for Kerikeri Lions Club	$2,000.00
· Less funds not uplifted from 06 November 2017 for Kerikeri District Business Association	$2,177.00
· Less funds not uplifted from 28 May 2018 for Bay of Islands Walking Weekend Charitable Trust, Illumination Workshop Trust and Russell Birdman Charitable Trust	$16,676.81
Community Fund Account balance as at 30 June 2018	$0.00

2) Discussion and Options

Board members will consider the applications on the agenda and make a decision on what level of funding to allocate. The uncommitted balance in the Community Fund account as at 30 June 2018 is $0.

Recent amendments to the Community Grant Fund Policy allow the Community Board to allocate, by resolution, funding directly to key projects identified in their strategic plan to the maximum amount of $20,000 in any financial year.

Reason for the recommendation

3) Financial Implications and Budgetary Provision

The Far North District Council has delegated the allocation of funds from the Bay of Islands-Whangaroa Community Fund account to the Bay of Islands-Whangaroa Community Board. The statement of the Community Fund account as at 30 June 2018 is attached.

Attachments

1. Attachment 1: BWCB Statement of Community Fund Account as at 30 June 2018 - Document number - A2136933 ⇩

Compliance schedule:

Full consideration has been given to the provisions of the Local Government Act 2002 S77 in relation to decision making, in particular:

1. A Local authority must, in the course of the decision-making process,

a) Seek to identify all reasonably practicable options for the achievement of the objective of a decision; and

b) Assess the options in terms of their advantages and disadvantages; and

2. This section is subject to Section 79 - Compliance with procedures in relation to decisions.

Compliance requirement	Staff assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	N/A
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	Community Grant Fund Policy.
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	This is a Community Board report.
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water.	No
Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences.	N/A
State the financial implications and where budgetary provisions have been made to support this decision.	There are no financial implications or the need for budgetary provision.
Chief Financial Officer review.	The Chief Financial Officer has not reviewed this report.

Bay of Islands-Whangaroa Community Board Meeting Agenda

13 August 2018

7.3 Funding Project Reports

File Number: A2147368

Author: Kim Hammond, Meetings Administrator

Authoriser: Kate Barnes, Governance Support Team Leader

Purpose of the Report

Recipients of funds from the Community Board Council Community Fund must complete and submit a project report no later than two months after the completion of their project.

Recommendation

That the Bay of Islands-Whangaroa Community Board note the project reports received from Kaeo Festival Group and Be Free Incorporated.

1) Background

Clause 15 of the Community Grant Policy states that: “At the completion of a project that received community funding, recipients are required to complete a Project Report. These reports must be received no later than two months after the completion of the project, or, if the activity is ongoing, within two months of the funding being spent. Recipients who do not complete this form are ineligible for Council funding for a period of five years.”

2) Discussion and Options

Copies of the project reports are attached for the Board’s information. Should Board members have concerns or issues with these reports, these should be discussed at this part of the meeting.

Reason for the recommendation

To receive the project reports from funding applicants in accordance with the Community Grant Policy.

3) Financial Implications and Budgetary Provision

There are no financial implications or budgetary requirements.

Attachments

1. Attachment 1: Project Report - Kaeo Festival Group - Document number - A2109568 ⇩

2. Attachment 2: Project Report - Be Free - Document number - A2105087 ⇩

Compliance schedule:

Full consideration has been given to the provisions of the Local Government Act 2002 S77 in relation to decision making, in particular:

1. A Local authority must, in the course of the decision-making process,

a) Seek to identify all reasonably practicable options for the achievement of the objective of a decision; and

b) Assess the options in terms of their advantages and disadvantages; and

2. This section is subject to Section 79 - Compliance with procedures in relation to decisions.

Compliance requirement	Staff assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	Low
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	Community Grant Policy
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	This is a Community Board report
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water.	N/A
Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences.	N/A
State the financial implications and where budgetary provisions have been made to support this decision.	There are no financial implications or the need for budgetary provision.
Chief Financial Officer review.	The Chief Financial Officer has not reviewed this report.

7.4 Application for funding - Rotary Club of Kerikeri Incorporated

File Number: A2123581

Author: Kim Hammond, Meetings Administrator

Authoriser: Caroline Wilson, Manager - District Administration

Purpose of the Report

To present the Community Board with the information on an application received from the Rotary Club of Kerikeri Incorporated for the purchase and installation of a portable hoist and water chair to be installed at Little Dippers Swim School, Kerikeri, and to assist members in determining whether to approve or decline the application.

Recommendation

That the Bay of Islands-Whangaroa Community Board approve the sum of $7,093 (plus GST if applicable) to be paid from the Boards Community Fund account to Rotary Club of Kerikeri Incorporated for the cost to purchase and install a portable hoist and water chair for the following reasons:

i) Communities that are healthy, safe, connected and sustainable; and

ii) Proud vibrant communities.

1) Background

Rotary Club of Kerikeri funding application seeks a grant of $7,093 to purchase and install a water chair and portable hoist in the Little Dippers Swim School at 80 Kapiro Road, Kerikeri.

Rotary Club of Kerikeri has previously not received funding from the Board.

2) Discussion and Options

Preliminary assessment of the application:

This application has been checked by staff for completeness and complies the conditions of the Community Grant Policy, Community Outcomes as stated in the LTP, and all provisions listed on the application form.

Option 1 Authorise funding for the full amount requested

Funding of 48% of the project cost is requested and could be funded in full.

Option 2 Authorise partial funding

Option 3 Decline funding

Option 1 is recommended by staff as it complies with the Community Grant Policy and the Community Outcomes.

Reason for the recommendation

The application meets the criteria of the Community Grant Policy, Community Outcomes as listed in the LTP, and the conditions listed on the application form.

3) Financial Implications and Budgetary Provision

The Board allocates funding in accordance with the Community Grant Policy and considers applications received against available funds as reported in each meeting’s agenda.

Attachments

1. Attachment 1: Funding Application - Rotary Club of Kerikeri Incorporated - Document number - A2128557 ⇩

2. Attachment 2: Rotary Club of Keikeri Incorporated - Funding Schedule - Document number - A2125019 ⇩

Compliance schedule:

Full consideration has been given to the provisions of the Local Government Act 2002 S77 in relation to decision making, in particular:

1. A Local authority must, in the course of the decision-making process,

a) Seek to identify all reasonably practicable options for the achievement of the objective of a decision; and

b) Assess the options in terms of their advantages and disadvantages; and

2. This section is subject to Section 79 - Compliance with procedures in relation to decisions.

Compliance requirement	Staff assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	Low.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	Community Grant Policy.
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	This has district wide relevance as members of the public as a whole will benefit from a far north based facility.
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water.	Considered in the application.
Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences.	Considered in the application.
State the financial implications and where budgetary provisions have been made to support this decision.	Budgetary Provision has been made and the grant is allocated in accordance with the Community Grant Policy.
Chief Financial Officer review.	The Chief Financial Officer has not reviewed this report.

Bay of Islands-Whangaroa Community Board Meeting Agenda

13 August 2018

7.5 Bay of Islands-Whangaroa Community Board appointments to external organisations

File Number: A2125515

Author: Kim Hammond, Meetings Administrator

Authoriser: Kate Barnes, Governance Support Team Leader

Purpose of the Report

To address the appointment of Community Board members on to the Halls and Reserve Committees and the Disability Action Group (DAG).

Executive Summary

· Councillor Stratford was elected to the Far North District Council on 28 February 2018, leaving vacancies on some external bodies to which the board has appointment rights

· Day to day management of Council-owned halls is community led

· Hall and Reserve Management Committees are overseen by community boards

· Community boards are the link between Council and committees

· DAG advocates for a more accessible environment for Far North residents and visitors with disabilities

· DAG consists of members from Council, Community Boards as well as representatives from external representatives

Recommendation

That the Bay of Islands-Whangaroa Community Board appoint:

a) Member Wells to the Simson Park Committee, Kawakawa Domain Committee and Kawakawa Memorial Library Museum.

b) Member Ayr to the Disability Action Group.

1) Background

Councillor Stratford was previously a member of the Bay of Islands-Whangaroa Community Board and was elected to the Far North District Council and sworn in at the meeting on 28 February 2018. This election has created vacancies in roles previously held by Councillor Stratford in the Halls and Reserves Committees and DAG.

2) Discussion and Options

The roles and responsibilities of the appointees to external organisations may include maintaining a watching brief on issues and projects of interest to the community, provide a Community Board perspective and keep other Community Board members up to date on these matters.

Reason for the recommendation

To replace Councillor Stratford’s previous external appointments with members on the Bay of Islands-Whangaroa Community Board.

3) Financial Implications and Budgetary Provision

There are no financial implications or the need for budgetary provision as a result of this report.

Attachments

Nil

Compliance schedule:

Full consideration has been given to the provisions of the Local Government Act 2002 S77 in relation to decision making, in particular:

1. A Local authority must, in the course of the decision-making process,

a) Seek to identify all reasonably practicable options for the achievement of the objective of a decision; and

b) Assess the options in terms of their advantages and disadvantages; and

2. This section is subject to Section 79 - Compliance with procedures in relation to decisions.

Compliance requirement	Staff assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	Low
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	Community Facilities and Community Halls
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	Local relevance
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water.	Not applicable
Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences.	Not applicable
State the financial implications and where budgetary provisions have been made to support this decision.	There are no financial implications or the need for budgetary provision arising from this report.
Chief Financial Officer review.	The Chief Financial Officer has not reviewed this report.

7.6 Correction of Previous Information Provided to the Bay of Islands-Whangaroa Community Board 3 July 2017 - Road Naming - Private Road Created by way of Subdivision

File Number: A2142313

Author: Kim Hammond, Meetings Administrator

Authoriser: Kate Barnes, Governance Support Team Leader

Purpose of the Report

To provide the correct information to the Bay of Islands-Whangaroa Community Board for a previous report on 3 July 2018 – Road Naming – Private Road Created by Way of Subdivision.

Executive Summary

· Council received a Road Naming Application from Frederika Steahan to officially name a private road created by way of subdivision.

· The map that was attached to the original report for subdivision 6984D State Highway (Attachment 1) was incorrectly labelled.

Recommendation

That the Bay of Islands-Whangaroa Community Board:

a) Notes attachment 1 – Previous Map - Subdivision 6984D State Highway 1 - Document number A2142394 previously provided to the Community Board was incorrectly labelled.

b) Notes attachment 2 – Correct Map – Subdivision 6984D State Highway 1 Pakaraka Document number A2142389 is the correct labelled map.

c) Agrees that the resolution made at the meeting on 3 July 2018 stands – That the Bay of Islands-Whangaroa Community Board, pursuant to Council’s Road Naming and Property Addressing Policy #2125, name the private road created by way of subdivision at 6984D State Highway 1, Pakaraka, Waikopiro Lane.

1) Background

The Community Board was presented the Road Naming – Private Road Created By Way of Subdivision report at their meeting on 3 July 2018. The map that was attached (Attachment 1) was incorrectly labelled as it only highlighted half of the private road.

2) Discussion and Options

Attachment 2 provides the Community Board with the correct labelling of the road. Frederika Steahan has confirmed that the road sign has been installed at the start of the road off State Highway One.

The Community Board made the below resolution that will still stand and does not need to be revoked as name of the road will remain Waikopiro Lane.

Reason for the recommendation

Community Boards have delegated authority to name private roads. The information provided to the Community in this report is to ensure the necessary information is correct.

3) Financial Implications and Budgetary Provision

There are no financial implications to Council. The costs for road signage and installation have been met by the developer.

Attachments

1. Attachment 1: Previous Map - Subdivision 6984D State Highway 1 Pakaraka - Document number - A2142394 ⇩

2. Attachment 2: Correct Map - Subdivision 6984D State Highway 1 Pakaraka - Document number - A2142389 ⇩

Compliance schedule:

Full consideration has been given to the provisions of the Local Government Act 2002 S77 in relation to decision making, in particular:

1. A Local authority must, in the course of the decision-making process,

a) Seek to identify all reasonably practicable options for the achievement of the objective of a decision; and

b) Assess the options in terms of their advantages and disadvantages; and

2. This section is subject to Section 79 - Compliance with procedures in relation to decisions.

Compliance requirement	Staff assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	This is naming of a private road and is of low significance.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	Road Naming and Property Numbering Policy #2125
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	No district wide relevance and the Community Board have the delegated authority to approve road names.
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water.	The local hapu was consulted and their response was attached to the original report.
Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences.	Residents of Waikopiro Lane are not going to be affected by this decision.
State the financial implications and where budgetary provisions have been made to support this decision.	There are no financial implications to Council. All costs of signage and installation will be met by the developer.
Chief Financial Officer review.	The Chief Financial Officer has not reviewed this report.

Bay of Islands-Whangaroa Community Board Meeting Agenda

13 August 2018

7.7 Road Naming Private Road off Access Road, Kerikeri

File Number: A2147173

Author: Kim Hammond, Meetings Administrator

Authoriser: Andy Finch, General Manager - Infrastructure & Asset Management

Purpose of the Report

To seek approval from the Bay of Islands-Whangaroa Community to officially name a private accessway created by way of a subdivision (Attachment 1).

Executive Summary

· Council received a Road Naming application to name a private accessway currently addressed 41-43 Access Road, Kerikeri (Attachment 2).

· Community Boards have delegated authority to name private accessways.

· A report on this issue was first presented at the meeting on 28 May 2018, where the Community Board resolved to leave the item to lie on the table and be presented back with further consultation with current property owners affected.

· At the meeting on 2 July 2018, the Community Board resolved to name the private accessway “Te Ara Lane”.

· The Community Board have received a request to reconsider the decision and to name the private accessway “Ara Lane” (Attachment 3).

Recommendation

That the Bay of Islands-Whangaroa Community Board, pursuant to Council’s Road Naming and Property Addressing policy #2125, name a private accesway currently addressed 41-43 Access Road, Kerikeri, “Ara Lane”, as per map (A2041744)

1) Background

Thomas and In-Hee Klein and other property owners that share the same accessway have submitted a Road Naming application to name the private accessway, currently addressed at 41 – 43 Access Road, Kerikeri.

A report was first presented to the Community Board at their meeting on 28 May 2018. The Community Board left the item to lie on the table and requested that further consultation be undertaken with the current property owners and that this information was to be brought back to the next meeting.

This information was provided to the Community Board at their meeting on 02 July 2018. Three possible road names were presented to the Community Board for consideration.

1. Ara Lane

2. Te Ara Lane

3. Tahi Lane

Hapu representative of Ngati Rehia were consulted and asked to provide their input. Their preferred name is “Te Ara Lane”, as per the email response attached it was also noted in the report that Ngati Rehia have no objections to the name “Ara Lane” either.

The Community Board resolved to name the accessway “Te Ara Lane” at the meeting on 02 July 2018.

The Community Board has received a request from affected landowners requesting that the Community Board reconsider their decision and names the accessway “Ara Lane”.

2) Discussion and Options

Option One:

To leave the resolution that was made at the meeting on 02 July 2018 and that the accessway at 41-43 Access Road, Kerikeri, be name “Te Ara Lane”.

Option Two:

To revoke the decision that was made at the meeting on 02 July 2018 and that the accessway at 41-43 Access Road, Kerikeri, be named “Ara Lane”.

Reason for the recommendation

The road names recommended in this report are not duplicates of any other road names in the District, therefore meeting the criteria set down in Council’s Road Naming and Property Numbering mPolicy and the Australian/New Zealand Addressing Standard – AS/NZS 4819.2011.

3) Financial Implications and Budgetary Provision

There are no financial implications to Council. The costs for road signage and installation will be met by the developer.

Attachments

1. Attachment 1: Map - Private Road off Access Road, Kerikeri - Document number - A2147237 ⇩

2. Attachment 2: Road Naming application - Thomas and In-Hee Klein - Document number - A2147256 ⇩

3. Attachment 3: Email received from Helen Noble and Jonathan Foley - Document number - A2147253 ⇩

Compliance schedule:

Full consideration has been given to the provisions of the Local Government Act 2002 S77 in relation to decision making, in particular:

1. A Local authority must, in the course of the decision-making process,

a) Seek to identify all reasonably practicable options for the achievement of the objective of a decision; and

b) Assess the options in terms of their advantages and disadvantages; and

2. This section is subject to Section 79 - Compliance with procedures in relation to decisions.

Compliance requirement	Staff assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	This is the naming of a private road and is of low significance.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	Road Naming and Property Numbering Policy #2125 and Australia/New Zealand Urban and Rural Addressing Standards 4819.2011.
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	No district wide relevance and the Community Board have the delegated authority to approve road names.
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water.	Consultation was made with Ngati Rehia.
Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences.	Property owners that share that same access.
State the financial implications and where budgetary provisions have been made to support this decision.	Costs associated with the erection of road name signs will be met by the developer.
Chief Financial Officer review.	The Chief Financial Officer has not reviewed this report

Bay of Islands-Whangaroa Community Board Meeting Agenda

13 August 2018

8 Infrastructure and Asset Management Group

8.1 Item Left to Lie on the Table - Airspace Lease - 30 School Road, Paihia

File Number: A2127707

Author: Kaye Lethbridge, Property Legalisation Officer

Authoriser: Andy Finch, General Manager- Infrastructure & Asset Management

Purpose of the Report

This report asks that the Bay of Islands-Whangaroa Community Board recommends to the Infrastructure Network Committee that Council grant an airspace lease for a deck entrance and for car parking purposes above the sealed side access road at 30 School Road, Paihia. The legal description of the property is Lot 5 DP29434 NA 729/58 – Attachment 1 and Attachment 2.

Executive Summary

· The applicant seeks a lease of airspace above the legal road, to enable a cantilevered deck to protrude into that airspace.

· An application for resource consent has been lodged.

· Resource consent will be subject to the granting of the airspace lease.

· Written approval has been provided by neighbouring property owners.

· Council’s roading and planning departments have no issues with the proposal.

· This report was first presented at the meeting on 28 May 2018. The Board resolved to leave the item to lie on the table until feedback from the relevant neighbours be provided – Attachment 3.

Recommendation

That the Bay of Islands-Whangaroa Community Board recommends:

a) that the Infrastructure Network Committee approves that the Council pursuant to section 341 of the Local Government Act 1974, grants a lease to occupy airspace above the side access road at 30 School Road, Paihia to be used for an entrance deck (level 1) and car parking (level 2) subject to the following conditions:

· The extent (dimensions) of the leased area shall be such as to enable the protrusions into airspace above legal road depicted in the Boyd Design plans for project no. 176 dated 10-11-2017 and 28-02-2018;

· The lease shall commence on the date the building consent is granted for the proposed building, and the term of the lease shall be 30 years;

· The annual rental shall be determined by a registered valuer;

· The rental shall be reviewed 10 years after the commencement of the lease and reviewed again 20 years after the commencement of the lease;

· The lessee shall pay the Council’s costs incurred in preparing the lease, obtaining the rental valuation, and subsequently undertaking rent reviews.

1) Background

The applicant, Mr Robert Cross has applied for resource consent to build a third dwelling at 30 School Road. This dwelling proposal requires additional on-site car parking. The dwelling is on the front part of a cross-lease section, up a steep sealed one-way side access road, off the formed part of School Road. This side road provides access to properties at 32 and 34 School Road. The properties at 28 and 26 School Road use only the vehicle crossing entrance.

Road-side parking along School Road is very limited with yellow dotted lines most of the way.

The property is to be used for short term accommodation and the extra car parking is needed to meet district plan parking requirements. A lease of the airspace would legalise the entrance deck on level one and the upper parking deck on level two. The level one entrance deck could be considered as a ground-level entrance because the house is built into the hill side. There is also a lower level ground-floor garage for parking.

It is proposed that the term of the lease shall be for 30 years. The annual rental shall be determined by a registered valuer and reviewed after 10 years and reviewed again after 20 years from the date of commencement of the lease.

2) Discussion and Options

Legislation and policy

There is no Council policy covering leases of the airspace above, or the subsoil beneath, legal roads.

Section 341 Local Government Act 1974 (LGA74) authorises Council to grant a lease to any person of the airspace or any part of the airspace above the surface of any road. And provided also that, in exercising these powers the Council shall ensure that sufficient airspace remains above the surface of the road, for the free and unobstructed passage of vehicles and pedestrians lawfully using the road.

As well as the key conditions listed in the recommendation, the lease will include other standard conditions including a requirement that the lessee produce proof of adequate public liability insurance.

Council’s Significance and Engagement Policy has been considered. This road is not a “strategic asset” under the policy and the proposed recommendation to grant the lease of airspace is not considered to be “significant”. Consequently the policy’s compulsory consultation requirements are not triggered.

Council’s roading and development engineers have no concerns with the building proposal or the use of the airspace above the side road. Council’s planner has advised that the recommendation will be to approve the proposal as any adverse effects can be mitigated by the conditions of consent. One of these conditions will be that the works are not to commence until the airspace lease has been granted.

The applicant has advised that the current design plan evolved with input from the neighbours in order to gain their approval and he has provided copies of their written consent.

This proposal is reliant on Council’s consent to the airspace lease.

Option 1

The recommended option is that the Bay of Islands-Whangaroa Community Board recommends to the Infrastructure and Network Committee that the Council grant a lease of the airspace above the side road at 30 School Road, Paihia for an entrance deck and upper deck parking.

Option 2

Alternatively, if the Community Board considers that a formal community consultation process of some sort should take place, the Board could recommend that the Council undertake a consultation process seeking community views in respect of the proposed use of airspace. This option is not recommended, given that the applicant is required to obtain resource consent and as part of that process has already obtained neighbour consents.

Option 3

Which has not been recommended but is an available option, would be to recommend that the request be declined.

Reason for the recommendation

Council’s roading and planning staff have no concerns with the proposed use of the airspace above the road. The proposal will facilitate the provision of accommodation in the area. Lease rental will compensate for the use of airspace.

3) Financial Implications and Budgetary Provision

There will be no costs for Council as the applicant will cover all costs associated with the preparation of the airspace lease and pay an annual rental.

Attachments

1. Attachment 1: Airspace Lease Aerial - Document number - A2005226 ⇩

2. Attachment 2: Buidling/Airspace plans - Document number - A2005237 ⇩

3. Attachment 3: Airspace lease neighbouras approval - Document number - A2128795 ⇩

Compliance schedule:

Full consideration has been given to the provisions of the Local Government Act 2002 S77 in relation to decision making, in particular:

1. A Local authority must, in the course of the decision-making process,

a) Seek to identify all reasonably practicable options for the achievement of the objective of a decision; and

b) Assess the options in terms of their advantages and disadvantages; and

2. This section is subject to Section 79 - Compliance with procedures in relation to decisions.

Compliance requirement	Staff assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	The proposed lease of airspace above road is considered to be of low significance
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	The airspace lease complies with s341 LGA74
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	The proposal is not of District-wide relevance. This report seeks a recommendation from the Community Board.
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water.	No implications for Maori have been identified
Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences.	Written approval from neighbouring property owners has been provided.
State the financial implications and where budgetary provisions have been made to support this decision.	There will be no adverse financial implications for Council. The applicant will pay an annual rental determined by a registered valuer and pay all costs associated with the preparation of the airspace lease.
Chief Financial Officer review.

8.2 Disability Parking Changes

File Number: A2138017

Author: Keith Kent, Transport Planner

Authoriser: Andy Finch, General Manager- Infrastructure & Asset Management

Purpose of the Report

The Disability Action Group asks that the Community Board recommend to the Council that approval be given to undertake changes to the Disability Parking Spaces in Kawakawa, Kerikeri, Paihia and Russell.

Executive Summary

· The Disability Action Group regularly reviews the suitability and level of provision of disability parking spaces in communities and receives suggestions on improvements, relocations and provision of additional spaces. This report outlines some of the recurring district-wide problems in relation to disability parking and identifies proposed -specific changes to disability parking in the Bay of Islands-Whangaroa ward.

Recommendation

That the Bay Of Islands Whangaroa Community Board recommend to the Council that the following proposed changes to Disability Parking be approved:

1. Gillies Street, Kawakawa: Provide 1 new disability park outside the relocated Post Office

2. Gillies Street (SH1), Kawakawa: Reschedule existing disability park on the right hand side

3. Williams Road, Paihia: Provide 1 new disability park outside the relocated Post Office

4. Fairway Drive, Kerikeri: Provide 1 new disability park outside Community Fitness

5. York Street, Russell. Provide 1 new disability park outside the Chemist

6. Chapel Street, Russell: Schedule existing marked Disability Park outside RSA

1) Background

The Disability Action Group have sought proposed changes to disability parking arrangements around the district for some time but progress towards achieving the desired changes has been thwarted by the lack of progress on the review and update of the Parking and Traffic Control Bylaws. Parking and Traffic Control will be covered in the scope of the District Transport Strategy which is planned to be completed for inclusion in the 2019 Annual Plan.

Disability Parking signs and markings require legal definition in terms of length and location through the Parking and Traffic Control Bylaw schedules to enable enforcement. This has previously been considered a prerequisite to any changes being made on the ground, but the Disability Action Group consider that this matter can no longer be delayed and wish to emphasise the special nature and need for appropriate Disability Parking provision within the district. They ask that progress be made independently of the wider parking and bylaw review process. Risks associated with the independent progression of these changes are considered minimal and may be considered beneficial in providing accurate location data around which to rebuild the other schedules.

Provision of Disability Parking spaces can lead to the loss of standard parking spaces. This potential is discussed on a site specific basis and has been considered by the Disability Action Group. In the majority of cases, the current level of overall parking provision suggests that the loss of standard spaces can be accommodated without issue.

No general community consultation on the proposed changes has been undertaken.

2) Discussion and Options

Common Issues

Issues which frequently arise when considering the provision of disability parking spaces throughout the Far North District are:

• Locations are no longer appropriate. For example the majority of Post Office services have moved from dedicated facilities into counters in local stores

• Inconsistent markings. A mixture of old style yellow markings or old full blue markings, with very few agreed new small blue emblems

• Inconsistent signage

• Inaccurate Bylaw schedules. Incorrect location distances. Schedules don’t always have corresponding markings and signs

• Dropped kerbs in wrong place or missing

• Insufficient resources to monitor and enforce control

Data Analysis

In order for the Disability Action Group to make an informed judgement regarding adoption of any proposed changes to disability parking provision, they are presented with data and engineering comment on existing arrangements and the results of analysis of the potential effects of changes to the overall level of parking provision for the relevant township. Site specific data is summarised in 2018-08-13 BWCB 6.1a Disability Parking Changes BOIWCB - A2138044

Data presented to the Disability Action Group comprises:

1. Confirmation of current bylaw schedule entries. These are scheduled entries from the FNDC Parking and Traffic Control Bylaw 1 July 2010, last updated November 2017. This data is not currently accessible to the public.

2. The total number of public parking spaces. The source of this data is the parking survey carried out December 2013 to February 2014.

3. Variation between number of parking spaces and requirements of the District Plan levels of parking provision. Any significant shortfall is reported, especially where conversion of spaces from standard to disabled is proposed.

4. The occupancy rate of public parking spaces. Same data source as 2 above.

5. The existing ratio of disability parks to standard parks. Ratio of parks relative to the adopted standard target ratio of 2%.

6. The changed ratio resulting from the adoption of the proposed change

7. Maps displaying surveyed parking arrangements and proposals. Data derived from survey carried out February 2016.

Relevant legislation and policies

· The FNDC Parking and Traffic Control Bylaw 1July 2010, last updated November 2017. Clause 2008.4 states “Power to amend schedules - Council may from time to time by resolution substitute, or make additions, or alterations to any Schedule of this Bylaw.

· NZS4121:2001 – Design for access and mobility – buildings and associated facilities. Section 5 specifies appropriate provision as 1 per 50 or 2%

· Local Government Act 2002 section 156 allows Bylaw amendment by resolution of Council: “(2) Despite subsection (1), a local authority may, by resolution publicly notified,—

make minor changes to, or correct errors in, a bylaw, but only if the changes or corrections do not affect—

an existing right, interest, title, immunity, or duty of any person to whom the bylaw applies or

an existing status or capacity of any person to whom the bylaw applies.”

· Land Transport Act 1998 also contains provision for Territorial Authorities to set bylaws in relation to parking controls.

· Manual of Traffic Signs and Road Markings, Part 2: Markings 2.12.07 Disabled Parking Space. FNDC comply generally with the relevant rule regarding provision of the standard marked symbol but by request from the Disability Action Group in 2015, agreed to implement a local variation that features a slightly reduced scale white symbol on a blue square background containing sand to remove potential wet slip hazard.

Recommended Option

Referring to: 2018-08-13 BWCB 6.1a Disability Parking Changes BOIWCB - A2138044

1. Gillies Street, Kawakawa: Provide 1 new disability park outside the relocated Post Office

2. Gillies Street (SH1), Kawakawa: Reschedule existing disability park on the right hand side

3. Williams Road, Paihia: Provide 1 new disability park outside the relocated Post Office

4. Fairway Drive, Kerikeri: Provide 1 new disability park outside Community Fitness

5. York Street, Russell: Provide 1 new disability park outside the Chemist

6. Chapel Street, Russell: Schedule existing marked Disability Park outside RSA

Reason for the recommendation

The recommended option was chosen to address the priority issues identified by the Disability Action Group in the most effective manner.

3) Financial Implications and Budgetary Provision

The estimated cost of the recommended works is $7,900. This cost to be met through existing budget provision in the Long Term Plan under the category of District Facilities, New Works, Accessible carparks, District-wide:

· 2018/19 $31,089 ($10,363 per ward)

· 2019/20 $16,860 ($5,620 per ward)

Attachments

1. 2018-08-13 BWCB 6.1a Disability Parking Changes BOIWCB - A2138044 ⇩

Compliance schedule:

Full consideration has been given to the provisions of the Local Government Act 2002 S77 in relation to decision making, in particular:

1. A Local authority must, in the course of the decision-making process,

a) Seek to identify all reasonably practicable options for the achievement of the objective of a decision; and

b) Assess the options in terms of their advantages and disadvantages; and

2. This section is subject to Section 79 - Compliance with procedures in relation to decisions.

Compliance requirement	Staff assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	Low
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	As stated under Relevant Legislation above
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	Yes Each Community Board will be presented with a report relative to their Ward
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water.	Implications and benefits are appropriate to all communities and without differentiation of ethnicity
Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences.	Disability Action Group are nominated representative of all disabled persons within the district.
State the financial implications and where budgetary provisions have been made to support this decision.	Estimated cost of works $7,900 Uncommitted pending Council approval to proceed
Chief Financial Officer review.	Chief Financial Officer has reviewed this report.