POLICY AND DEVELOPMENT COMMITTEE MEETING on Tuesday …

POLICY AND DEVELOPMENT COMMITTEE MEETING

on

Tuesday 30 January 2018

Council Chamber Timaru District Council

King George Place Timaru

TIMARU DISTRICT COUNCIL

Notice is hereby given that a meeting of the Policy and Development Committee

will be held in the Council Chamber, District Council Building, 2 King George

Place, Timaru on Tuesday 30 January 2018, at the conclusion of the Community

Development Committee meeting.

Committee Members: Clrs Peter Burt (Chairperson), Andrea Leslie (Deputy Chairperson), Dave Jack, Richard Lyon, Paddy O’Reilly, Sally Parker, Kerry Stevens, Steve Wills, Nigel Bowen and the Mayor. LOCAL AUTHORITIES (MEMBERS’ INTERESTS) ACT 1968

Committee members 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.

Bede Carran CHIEF EXECUTIVE

Timaru District Council Policy and Development Committee # 1133644 30 January 2018

POLICY AND DEVELOPMENT COMMITTEE

30 JANUARY 2018

AGENDA

Item No

Page No

1 Apologies

2 Identification of Items of Urgent Business

3 Identification of Matters of a Minor Nature

4 Declaration of Conflicts of Interest

5 Chairperson’s Report

6 1 Confirmation of Minutes

7 7 Horton Street – Covenant on Properties at 5 Horton Street, Pleasant Point

8 Standing Committee Recommendations

9 Consideration of Urgent Business Items

10 Consideration of Minor Nature Matters

Timaru District Council Policy and Development Committee # 1133644 1 30 January 2018


FOR THE MEETING OF 30 JANUARY 2018

Report for Agenda Item No 6 Prepared by Tina Rogers Group Manager Corporate Services Confirmation of Minutes

________________________________

Minutes of the Policy and Development Committee meeting. Recommendation That the minutes of the Policy and Development Committee meeting held on 28 November 2017, excluding the public excluded items, be confirmed as a true and correct record.


TIMARU DISTRICT COUNCIL MINUTES OF A MEETING OF THE POLICY AND DEVELOPMENT COMMITTEE HELD IN THE COUNCIL CHAMBER, DISTRICT COUNCIL BUILDING, 2 KING GEORGE PLACE, TIMARU ON TUESDAY 28 NOVEMBER 2017 AT 9.50AM

PRESENT Clrs Peter Burt (Chairperson), Nigel Bowen, Dave

Jack, Andrea Leslie, Richard Lyon, Paddy O’Reilly, Sally Parker, Kerry Stevens and the Mayor

APOLOGIES Clr Steve Wills

Ali Talbot – Temuka Community Board

IN ATTENDANCE Aoraki Development Chief Executive (Nigel Davenport)

and Chairman (Mark Rogers) (for item 4 Aoraki Development, Quarterly Report)

Bernie Wilson – Pleasant Point Community Board Jennine Maguire– Geraldine Community Board

Chief Executive (Bede Carran), Group Manager Corporate Services (Tina Rogers) and Executive Assistant – Corporate Services (Jo Doyle)

1 DECLARATION OF CONFLICTS OF INTEREST No declarations of interest were made.

2 CHAIRPERSON’S REPORT The Chairperson reported on duties he had carried out and meetings he had attended since the last meeting including attending Public Hearings and workshops on the Long Term Plan. Has also attended District Heritage Trust Fund meetings.

3 CONFIRMATION OF MINUTES Proposed Clr Stevens Seconded Clr O’Reilly “That the minutes of the Policy and Development Committee meeting held on 17 October 2017, excluding the public excluded items, be confirmed as a true and correct record.”

MOTION CARRIED

4 AORAKI DEVELOPMENT QUARTERLY REPORT TO 30 SEPTEMBER 2017 Aoraki Development Chief Executive and Chairperson attended the meeting to speak to Aoraki Development’s quarterly report to 30 September 2017. Activities of particular note included the Business Connection Groups, the Youth Transition Scheme and the Cadbury Re-employment Expo. Aoraki Development is seeking clarification from central government around the Regional Economic Development Fund.

Proposed Clr Jack Seconded Clr Leslie


“That the Aoraki Development quarterly report be received and noted.”

MOTION CARRIED 5 AORAKI DEVLOPMENT APPOINTMENT OF PROXY FOR ANNUAL

GENERAL MEETING The Committee considered the appointment of a proxy for the Aoraki Development Annual General Meeting.

Proposed Clr Stevens Seconded Clr O’Reilly

“That Clr Jack be appointed as Council’s proxy and the Mayor as alternative proxy, for Aoraki Development’s Annual General Meeting on 15 December 2017.”

MOTION CARRIED 6 TIMARU DISTRICT HOLDINGS LIMITED – QUARTERLY REPORT TO

30 SEPTEMBER 2017 The Committee considered the Timaru District Holdings Quarterly report for the period to 30 September 2017.

Proposed Clr Bowen Seconded Clr Parker

“That the report be received and noted.”

MOTION CARRIED 7 COUNCIL INVESTMENTS AND BORROWING AS AT 30 SEPTEMBER 2017

The Committee considered the Investments and Borrowing report as at 30 September 2017.

Proposed Clr O’Reilly Seconded Clr Jack


MOTION CARRIED

8 RATES REMISSION AND POSTPONEMENT POLICY REVIEW The Committee considered the Rates Remission and Postponement Policy Review report.

Proposed Clr Stevens Seconded Clr Leslie

“That the Draft Rates Remission and Postponement Policy be approved for consultation.”

MOTION CARRIED


9 RATES POLICY REVIEW The Committee considered a report recommending minor changes to the Rates Policy.

Proposed Clr Jack Seconded Clr Parker

“That the Rates Policy be approved.”

MOTION CARRIED 10 RATES DISCOUNT POLICY REVIEW

The Committee considered the Rates Discount Policy review report.


“That no changes occur to the Rates Discount Policy at this time.”

MOTION CARRIED

11 RATES REVALUATION – QV PRESENTATION Representatives from QV attended the meeting to present the results of the 2017 Rates Revaluation of the Timaru District. The Committee also considered a report by the Group Manager Corporate Services on the revaluation. Copies of the presentation were distributed to councillors.


“That the report and presentation be received and noted.”

MOTION CARRIED

12 LONG TERM PLAN 2018-2028 : DRAFT ASSUMPTIONS The Committee considered a report on proposed assumptions to apply to the Long Term Plan 2018-2028.

Proposed Clr Parker Seconded Clr Stevens


MOTION CARRIED

13 INVESTMENT POLICY REVIEW The Committee considered a report recommending minor changes to the Investment Policy.

Proposed Clr Bowen Seconded Clr Parker

“That the Investment Policy be approved, effective from 1 July 2018.”

MOTION CARRIED


14 LIABILITY MANAGEMENT POLICY REVIEW

The Committee considered a report recommending minor changes to the Liability Management Policy.

Proposed the Mayor Seconded Clr O’Reilly

“That the Liability Management Policy be approved, effective from 1 July 2018.”

MOTION CARRIED

15 TEMUKA COMMUNITY BOARD RECOMMENDATION : SOUTH RANGITATA RESERVE – RENEWAL OF FISHING HUT LEASES The Committee considered a recommendation from the Temuka Community Board on the renewal of fishing hut leases at the South Rangitata Reserve. Clr O’Reilly advised that the hut holders association is a well organised group and is accepting of what Council is doing.

Proposed Clr O’Reilly Seconded Clr Jack

“That the Council renews the leases of 5 years from 1 July, with 2 further rights of renewal of 5 years and that the Chief Executive be authorised to negotiate the new leases.”

MOTION CARRIED 16 EXCLUSION OF THE PUBLIC

Proposed Clr Jack Seconded Clr Parker

“That the Subcommittee 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

Legal Claim Section 7(2)(j)

Timaru Central Business Development Advisory Group

Section 7(2)(j)

Audit and Risk Subcommittee

Section 7(2)(b)(ii)

Section 7(2)(j) The withholding of the information is necessary to enable the local authority holding the information to carry on, without prejudice or disadvantage, negotiations. Section 7(2)(b)(ii) The withholding of information is necessary to protect the information that would be likely unreasonably to prejudice the commercial position of the person who supplied the information.”

MOTION CARRIED


16 READMITTANCE OF THE PUBLIC

Proposed Clr Stevens Seconded Clr Jack

“That the public be readmitted to the meeting.” MOTION CARRIED

The meeting concluded at 10.34am. _______________________ Chairperson




Report for Agenda Item No 7

Prepared by Tina Rogers Group Manager Corporate Services Horton Street – Covenant on Properties at 5 Horton Street, Pleasant Point

_______________________________

Purpose of Report 1 To present the report on the current covenant on properties at 5 Horton Street,

Pleasant Point that was considered by the Pleasant Point Community Board on 23 January 2018. A copy of the report is attached.

2 The Pleasant Point Community Board resolved as follows:

a) That the covenant restricting occupancy of the units be removed. b) That the Chief Executive be given the authority to negotiate the removal of

the restrictive clauses, as identified in Appendix 1 of the report. Recommendation That the recommendation from the Pleasant Point Community Board be considered.


PLEASANT POINT COMMUNITY BOARD


Report for Agenda Item No 8 Prepared by Matt Ambler

Property Manager Horton Street – Covenant on Properties at 5 Horton Street

_______________________________ Purpose of Report 1. The purpose of the report is to seek the Board’s support for the removal of that

section of the existing land covenant in place, as it refers to exclusion of specific occupier groups from the property adjoining the Council’s social housing units in Horton Street.

Background 2. The subject property comprises 3 units at 5 Horton Street, as depicted edged red

on the attached photograph.

3. The land was sold by the Council in 1995 to the private sector. At the time of transfer from Council, a Land Covenant was placed on the property, limiting the number of units which could be built on the property to a maximum of three (there is no known intention at this stage to amend or change that covenant). The three units have subsequently been built, and are in various separate ownerships.

4. The Land Covenant also specified, amongst other conditions, that the units were only to be occupied by persons over 60 years old, or those persons receiving a disability benefit from central government.

5. A copy of the covenant document is attached, (Appendix 1) which depicts the restrictive clauses, shown boxed in orange, which are recommended for removal. The rest of the conditions, describing responsibilities for maintenance of the shared driveway, are to be retained, as these are standard for such shared uses.

6. The relevance of such a restrictive covenant was related to the Council housing policy of the time, which restricted its own eligibility to pensioners. Council amended its policy in 2003 to allow a wider range of beneficiaries to apply for social housing.

7. The issue to consider is the relevance and suitability of such a covenant against privately owned land in the present social climate, and whether Council should be initiating a process to remove the covenant. Council has six units at the adjoining property (7 Horton Street). Five of the units are currently tenanted by persons above 65 years of age. The sixth unit, a bedsit unit, is currently vacant. Social housing is open to persons on sickness, invalid, disability and widows’ benefits,

COPY


as well as those receiving superannuation. The focus and suitability for housing is based on the individual’s need.

8. There has been a query received recently from a local real estate agent, who is

seeking to sell one of the units which is subject to the covenant. Options 9. There are two identified reasonably practicable options to consider. One is do

nothing, and leave the existing situation in place. The other option is to support the removal of those parts of the covenant in respect to the limitations on ownership, subject to obtaining the same support from the other parties with registered interests. This will mean that the unit owners will need to agree to the removal of the clauses.

10. The partial removal of the covenant, to lift the age and disability requirements, is the preferred option.

Identification of Relevant Legislation, Council Policy and Plans 11. Discrimination on the grounds of age is prohibited under section 21 of the Human

Rights Act 1993. 12. Section 12.1(a) of the Residential Tenancies Act 1986 also states that it is an

unlawful act to discriminate in granting tenancies, as it is in contravention of the Human Rights Act.

13. The removal of the restrictive portion of the covenant will require conveyancing, but if successful, will free up the units for sale to the general market.

14. There are no changes required to existing Council policy. Assessment of Significance 15. This matter is not deemed significant under the Council’s Significance and

Engagement Policy. Consultation 16. There has not been any consultation at this time with those known parties with a

registered interest, to gauge their level of interest in the partial withdrawal of the covenant. It is considered that as it was a Council requirement to place the restriction, that Council support in principle should be a pre-requisite for such discussions. There has however been an approach from a real estate agent acting for one of the owners.

Other Considerations 17. It is possible that the process of removing the restrictive clauses will depend on

the response of the unit owners. A brief discussion with a solicitor suggested that there is not the ability to negotiate on a case by case basis, while leaving the existing wording in place. The desired approach is to remove the clauses to enable transparency of any future agreements.

Funding Implications 18. There are no budget implications to Council, as we do not own the property. Our

responsibility to contribute to the maintenance of the driveway is allowed for in the social housing maintenance budget.


Conclusion 19. The restrictive conditions are considered to be archaic and inappropriate in

today’s social climate, given that Council has broadened its own housing policy to consider applications from those in need of housing beyond superannuitants.

20. While the views of the current unit owners have not yet established, the proposed partial removal of the covenant would enable vendors to broaden their purchasing market.

Recommendation That the Board considers the proposal to remove the restrictive clauses of the existing covenant, and recommends to the Policy and Development Committee: a) That the covenant restricting occupancy of the units be removed. b) That the Chief Executive be given the authority to negotiate the removal of

the restrictive clauses, as identified in Appendix 1.






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