Agenda of Sports and Recreation Committee

N-logotype-black-wide Sports and Recreation Committee

5 October 2017

Page No.

1. Apologies

1.1 An apology has been received from Her Worship the Mayor

2. Confirmation of Order of Business

3. Interests

3.1 Updates to the Interests Register

3.2 Identify any conflicts of interest in the agenda

4. Public Forum

4.1 Tamika Simpson

Tamika Simpson will speak about ideas for promoting the Brook Motor Camp.

5. Confirmation of Minutes

5.1 22 August 2017 8 - 13

Document number M2832

Recommendation

That the Committee

Confirms the minutes of the meeting of the Sports and Recreation Committee, held on 22 August 2017, as a true and correct record.

6. Status Report - Sports and Recreation Committee - 5 October 2017 14 - 15

Document number R8473

Recommendation

That the Committee

Receives the Status Report Sports and Recreation Committee 5 October 2017 (R8473) and its attachment (A1664423).

7. Chairperson's Report

Recreation and Leisure

8. Draft Parks and Reserves Asset Management Plan 2018-28 16 - 48

Document number R8243

Recommendation

That the Committee

Receives the report Draft Parks and Reserves Asset Management Plan 2018-28 (R8243) and its attachments (A1819970 and A1751541).

Recommendation to Council

That the Council

Approves the Draft Parks and Reserves Asset Management Plan 2018-28 (A1751541) as the version to inform the Long Term Plan 2018-28, acknowledging that the following sub activities have not been finalised:

· 3642 Natureland;

· 4069 Saxton Field Capital Works;

· 3590 Sportsparks.

9. Modellers Pond Update and Way Forward 49 - 57

Document number R8259

Recommendation

That the Committee

Receives the report Modellers Pond Update and Way Forward (R8259); and

Approves that the upgrade of the Modellers Pond (modify pond option) project be placed on hold for this current financial year (2017/18) pending the preparation of a detailed business case; and

Approves that officers prepare a detailed business case (including more work on the Return to Estuarine option) and report this back to the relevant committee (either the Works and Infrastructure committee or Sports and Recreation committee) or to Council; and

Approves that manual cleaning of the pond continue this current 2017/18 financial year to a standard that ensures that the pond looks presentable for the January 2018 Modellers International Model Engineering Convention; and

Approves any unspent funding as carry-over to 2018/19.

10. Memorandum of Understanding between Nelson Mountain Bike Club and Nelson City Council 58 - 64

Document number R8442

Recommendation

That the Committee

Receives the report Memorandum of Understanding between Nelson Mountain Bike Club and Nelson City Council (R8442) and its attachment (A1836101); and

Adopts the Memorandum of Understanding between the Nelson Mountain Bike Club and Nelson City Council (A1836101 of report R8442) and that this be signed by the Chair of the Sports and Recreation Committee on behalf of Council.

Public Excluded Business

11. Exclusion of the Public

Recommendation

That the Committee

Excludes the public from the following parts of the proceedings of this meeting.

The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

Item	General subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Particular interests protected (where applicable)
1	Sports and Recreation Committee Meeting - Public Excluded Minutes - 22 August 2017	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7.	The withholding of the information is necessary: · Section 7(2)(h) To enable the local authority to carry out, without prejudice or disadvantage, commercial activities. · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).
2	Status Report - Sports and Recreation Committee- Public Excluded - 5 October 2017	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7	The withholding of the information is necessary: · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)
3	Community Leases - Marsden Recreation Ground: Nelson Indoor Bowls Association, Stoke Toy Library Society Incorporated and Stoke Nayland Cricket Club	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7	The withholding of the information is necessary: · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)
4	Trafalgar Centre Basketball Equipment	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7	The withholding of the information is necessary: · Section 7(2)(b)(ii) 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

Item

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Particular interests protected (where applicable)

Sports and Recreation Committee Meeting - Public Excluded Minutes - 22 August 2017

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7.

The withholding of the information is necessary:

· Section 7(2)(h)

To enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

· Section 7(2)(i)

To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

Status Report - Sports and Recreation Committee- Public Excluded - 5 October 2017

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7

The withholding of the information is necessary:

· Section 7(2)(i)

To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

Community Leases - Marsden Recreation Ground: Nelson Indoor Bowls Association, Stoke Toy Library Society Incorporated and Stoke Nayland Cricket Club

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7

The withholding of the information is necessary:

· Section 7(2)(i)

To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

Trafalgar Centre Basketball Equipment

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7

The withholding of the information is necessary:

· Section 7(2)(b)(ii)

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

12. Re-admittance of the public

Recommendation

That the Committee

Re-admits the public to the meeting.

Note:

· Youth Councillors Cassie Hagan and Alex Hunter will be in attendance at this meeting. (delete as appropriate)

Minutes of a meeting of the Sports and Recreation Committee

Held in the Council Chamber, Civic House , 110 Trafalgar Street, Nelson

On Tuesday 22 August 2017, commencing at 9.04am

Present: Councillor T Skinner (Chairperson), Her Worship the Mayor R Reese, Councillors I Barker, M Courtney, K Fulton, B McGurk, M Rutledge (Deputy Chairperson) and S Walker

In Attendance: Group Manager Community Services (C Ward), Manager Parks and Facilities (R Bartlett), Property Parks and Facilities Asset Manager (A Petheram), Team Leader Property (P Hunter), Community Partnerships Adviser (S Stiles), Team Leader Governance (R Byrne), Governance Adviser (J McDougall) and Youth Councillors Emily Rais and Emma Edwards

Apologies: Nil

1. Apologies

There were no apologies.

2. Confirmation of Order of Business

There were no changes to the Order of Business.

3. Interests

There were no updates to the Interests Register.

Councillor Barker advised he had an interest in agenda item 9 – Saxton Creek Easements – Network Tasman Limited and 187 Champion Road and 205 Champion Road.

No other interests with items on the agenda were declared.

4. Public Forum

There was no public forum.

5. Confirmation of Minutes

5.1 4 July 2017

Document number M2733, agenda pages 7 - 15 refer.

Resolved SPO/2017/077

That the Committee

Confirms the minutes of the meeting of the Sports and Recreation Committee, held on 4 July 2017, as a true and correct record.

McGurk/Walker Carried

6. Status Report - Sports and Recreation Committee - 22 August 2017

Document number R8230, agenda pages 16 - 17 refer.

Group Manager Community Services, Chris Ward, answered questions on the Status Report.

Resolved SPO/2017/078

That the Committee

Receives the Status Report Sports and Recreation Committee 22 August 2017 (R8230) and its attachment (A1664423).

McGurk/Barker Carried

Attendance: Her Worship the Mayor, R Reese joined the meeting at 9.10am.

7. Chairperson's Report

The Chair gave a verbal report.

Resolved SPO/2017/079

That the Committee

Receives the Chairperson's Report.

Courtney/Walker Carried

Recreation and Leisure

8. Brook Valley Holiday Park - Advice from Commercial Subcommittee

Document number R8005, agenda pages 18 - 27 refer.

Group Manager Community Services, Chris Ward spoke to the report and answered questions.

Resolved SPO/2017/080

That the Committee

Receives the report Brook Valley Holiday Park - Advice from the Commercial Subcommittee (R8005) and its attachment (A1814947); and

Notes the feedback provided by the Commercial Subcommittee; and

Confirms that Council will continue to operate the Brook Valley Holiday Park pending a final decision on the structure for Council delivery of its campground activities.

Walker/Fulton Carried

9. Saxton Creek Easements - Network Tasman Limited and 187 Champion Road & 205 Champion Road

Document number R8050, agenda pages 28 - 35 refer.

Attendance: Councillor Barker declared an interest and left the table at 9.23am.

Team Leader Property Peter Hunter spoke to the report, tabled an A3 map of the proposed easements (A1816364) and answered questions.

Resolved SPO/2017/081

That the Committee

Receives the report Saxton Creek Easements – Network Tasman Limited and 187 Champion Road & 205 Champion Road (R8050), and its attachments (A1798973, A1798985 and A1798991).

Rutledge/McGurk Carried

Attachments

1 A1816364 - GIS map of Proposed Easements - Saxton Creek Upgrade

Recommendation to Council SPO/2017/082

That the Council

Grants the easement in gross, meaning granting the easement to Network Tasman Limited rather than to property, in favour of Network Tasman Limited over the area shown on the plan marked “B”, “C”, “D” and “F” (Attachment One, A1798973) of Saxton Creek with all legal and survey costs associated with the easement over Saxton Creek to be met by Nelson City Council as required for Saxton Creek upgrade; and

Grants the easement in gross, meaning granting the easement to Network Tasman Limited rather than to property, in favour of Network Tasman Limited over the area shown on the plan marked in red (Attachment Two, A1798985) of Esplanade Reserve within Saxton Creek with all legal and survey costs associated with the easement over Saxton Creek to be met by Nelson City Council as required for Saxton Creek upgrade; and

Grants the easement to 187 Champion Road and 205 Champion Road over the area shown on the plan marked “A” (Attachment Three, A1798991) of land to be acquired by Nelson City Council as Saxton Creek with all legal and survey costs associated with the easement over Saxton Creek to be met by Nelson City Council as required for Saxton Creek upgrade; and

Confirms the easement be agreed to under section 48(1)(d) of the Reserves Act 1977, acting pursuant to a delegation from the Minister of Conservation.

Rutledge/McGurk Carried

10. Exclusion of the Public

Resolved SPO/2017/083

That the Committee

Excludes the public from the following parts of the proceedings of this meeting.

Walker/Fulton Carried

Item	General subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Particular interests protected (where applicable)
1	Status Report - Sports and Recreation Committee - Public Excluded - 22 August 2017	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7	The withholding of the information is necessary: · Section 7(2)(h) To enable the local authority to carry out, without prejudice or disadvantage, commercial activities · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)
2	Campgrounds - Advice from Commercial Subcommittee	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7	The withholding of the information is necessary: · Section 7(2)(h) To enable the local authority to carry out, without prejudice or disadvantage, commercial activities · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

Item

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Particular interests protected (where applicable)

Status Report - Sports and Recreation Committee - Public Excluded - 22 August 2017

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7

The withholding of the information is necessary:

· Section 7(2)(h)

To enable the local authority to carry out, without prejudice or disadvantage, commercial activities

· Section 7(2)(i)

To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

Campgrounds - Advice from Commercial Subcommittee

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7

The withholding of the information is necessary:

· Section 7(2)(h)

To enable the local authority to carry out, without prejudice or disadvantage, commercial activities

· Section 7(2)(i)

To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

The meeting went into public excluded session at 9.29am and resumed in public session at 10.02am.

11. Re-admittance of the Public

Resolved SPO/2017/084

That the Committee

Re-admits the public to the meeting.

McGurk/Walker Carried

There being no further business the meeting ended at 10.03am.

Confirmed as a correct record of proceedings:

Chairperson Date

Sports and Recreation Committee

5 October 2017

REPORT R8243

Draft Parks and Reserves Asset Management Plan 2018-28

1. Purpose of Report

1.1 To recommend that Council adopts the Draft Parks and Reserves Asset Management Plan 2018-28, as the version to inform the Long Term Plan 2018-28.

2. Recommendation

That the Committee

Receives the report Draft Parks and Reserves Asset Management Plan 2018-28 (R8243) and its attachments (A1819970 and A1751541).

Recommendation to Council

That the Council

Approves the Draft Parks and Reserves Asset Management Plan 2018-28 (A1751541) as the version to inform the Long Term Plan 2018-28, acknowledging that the following sub activities have not been finalised:

· 3642 Natureland;

· 4069 Saxton Field Capital Works;

· 3590 Sportsparks.

3. Background

3.1 Draft Asset Management Plans are prepared and approved by Council to inform development of the Long Term Plan 2018-28 (LTP). Following consultation on the LTP and subsequent decisions, Asset and Activity Management Plans will be updated to align with the adopted LTP. The final updated Plans will be brought back to Council early in 2018/19 for adoption.

3.2 Budgets for Sportsgrounds, Saxton Field and Natureland will be updated as required prior to final adoption of the Asset Management Plan. Engagement with sporting bodies is ongoing and work is underway assessing requests for funding to be included in the Asset Management Plan, against agreed criteria. Work is also underway to complete a needs analysis for financial support for Natureland.

4. Discussion

4.1 The Parks and Reserves Asset Management Plan 2018-28 sets out the background to Council’s reserves network and associated issues and opportunities. The Plan includes:

· Levels of Service,

· Focus areas for the activities during 2018-28,

· The activity budgets for operations and maintenance, renewals and capital expenditure.

4.2 Three workshops have been held with the Sports and Recreation Committee (4 April 2017, 4 July 2017 and 11 July 2017) to review levels of service, discuss issues, confirm priorities for 2018-28 and seek direction from the Committee.

4.3 The following items were the key outcomes from the 11 July 2017 workshop:

· Remove or revise level of service around availability for sports grounds.

· Retain level of service for Grade 2 trails.

· General support for increased maintenance at Marsden Cemetery (to be confirmed through the Property and Facilities Asset Management Plan).

· Support for Rutherford Playground on reduced scale. Include funding for concept options in first year and spread funding over more than one year. Detailed options to be scoped through business case.

· Requests from sports codes (including mountain biking, artificial surface and Surf Life Saving Club shared facility) require further discussion. The artificial surface needs external advice.

· The Tahunanui boardwalk is included in later years - need to note synergies with Great Taste Trail and bring forward if necessary.

· Discussion around Trafalgar Centre car parking (split view, no consensus). Concerns raised around awareness of alternate parking and consideration of drop-off zone. No funding to be included at this point with a view to including through Annual Plan if needed. Need for additional communications around alternate parking areas and consideration of drop off zone.

· General support for retaining doggy doo bags.

· Support expressed for projects discussed including upgrading Octopus Gardens and Paddy’s Knob.

4.4 An executive summary for the Asset Management Plan is attached to this report as Attachment 1.

4.5 The Draft Asset Management Plan for Parks and Reserves is attached to this report as Attachment 2 (these are circulated separately and hard copies will be made available on request).

Requests for funding and investment from sporting bodies and reserve users

4.6 Council provides and maintains facilities to enable a range of sporting activities.

4.7 To support development of the Parks and Reserves Asset Management Plan officers have been working with sports codes for more than a year now to better understand the goals, challenges and trends and to see what partnership opportunities exist. This process has allowed an early discussion of what projects codes are contemplating and what support they wish to request from Council over the life of the Long Term Plan.

4.8 At its workshop on 18 October the Committee will be discussing prioritisation of projects proposed by codes. This discussion will be informed by input from Sport New Zealand, Sport Tasman and the Saxton Field Committee, guided by a set of criteria developed in collaboration with codes.

4.9 In parallel with this process a piece of work to analyse sports ground demand and provision is underway. This work will assess the need for artificial turf to meet future demand.

4.10 As these two streams of work are yet to be completed the Asset Management Plan has not pre-empted the outcomes but has left placeholders to be filled once the analysis is complete and the Committee has provided guidance.

4.11 Work is underway to understand Natureland’s ten year business plan. This will be reported separately to the Committee and budgets will be updated prior to final adoption of the Asset Management Plan.

Saxton Field

4.12 Provision of funding for developments at Saxton Field is shared between Tasman District Council and Nelson City Council, with each Council contributing 50%.

4.13 Officers from the two Councils have been meeting to discuss priorities and funding constraints in relation to future projects. An agreed draft capital works programme was presented to the Saxton Field Committee on 30 August 2017 which was adopted, subject to some changes, for incorporation into the two Councils’ draft budgets as part of their Long Term Plan 2018-2028 processes.

4.14 These budgets have been included in this Asset Management Plan, and are considered indicative. Further advice is expected to be provided by Officers to the next Saxton Field Committee meeting on some aspects, and the final capital works programme is also likely to be subject to the engagement with sporting codes described above.

5. Options

5.1 The preferred option is for Council to adopt the Draft Parks and Reserves Asset Management Plan 2018, as the versions to inform the LTP 2018-28.

Option 1: Adopt Draft Parks and Reserves Management Plan 2018-28
Advantages	· Meet requirements of Local Government Act 2002
Risks and Disadvantages	· Nil
Option 2: Don not adopt Draft Parks and Reserves Management Plan 2018-28
Advantages	· Nil
Risks and Disadvantages	· Fail to meet requirements of Local Government Act 2002

6. Conclusion

6.1 The Draft Parks and Reserves Asset Management Plan 2018-28 has been prepared as a document that can inform the Long Term Plan 2018-28 and will support Council in meeting its obligations under section 93 and Schedule 10 of the Local Government Act 2002.

6.2 Priorities for funding in relation to requests from sports codes and reserve users (including Natureland) will be updated prior to final adoption of the Asset Management Plan

Paul Harrington

Property, Parks and Facilities Asset Planner

Attachments

Attachment 1: A1819970 Executive Summary Draft Parks and Reserves AMP ⇩

Attachment 2: A1751541 Draft 2018 - 28 Parks and Reserves AMP (Circulated separately) ⇨

Important considerations for decision making

1. Fit with Purpose of Local Government

Asset Management Plans set out the background to Council’s reserves network and associated activities and assets, and will support Council in meeting its obligations under section 93 and Schedule 10 of the Local Government Act 2002

2. Consistency with Community Outcomes and Council Policy

Will support Council in developing the LTP.

3. Risk

Not adopting the draft asset management plans will leave Council without a document to support the goal of developing and adopting the LTP.

4. Financial impact

There are no direct funding implications from the recommendation. Indirect funding requirements will be set out in the proposed LTP and are subject to a consultation process with the community.

5. Degree of significance and level of engagement

This matter is of high significance because the adoption of a Long Term Plan is a statutory requirement under the Local Government Act 2002. Therefore consultation with the community will occur in the form of publicly advertising the Draft LTP and calling for submissions.

6. Inclusion of Māori in the decision making process

It is anticipated that Māori will be approached directly for comment prior to calling for public submissions.

7. Delegations

The Sports and Recreation Committee has the power to make a recommendation to Council on this matter.

Sports and Recreation Committee

5 October 2017

REPORT R8259

Modellers Pond Update and Way Forward

1. Purpose of Report

1.1 To update the Committee on the current situation with respect to the Modellers Pond and to recommend a way forward.

2. Summary

2.1 The issue of the Modellers Pond (pond) has been on the Council agenda for some time now and has a long history.

2.2 Ongoing maintenance is no longer cost effective, practical or viable and a long-term solution is required.

2.3 The Modellers Pond Project Group (Group) comprising Councillors Walker and Skinner, a representative each from the Society of Modellers (Modellers) and the Tahunanui Business Association, as well as officers, has been formed and has met several times.

2.4 Drawings have been signed off by the Group and detailed design and costing for Council’s preferred solution (modify solution) have been completed and resource consent secured.

2.5 The final estimated physical works cost ($1.63M) and total project deliverable cost of $1.73M exceeds the estimate provided to Council in February 2017 ($1.2M) by a substantial sum of $530,000.

2.6 Further savings and refinement of the design cannot be made by the Group without significantly compromising its effectiveness. As a result the work cannot be put out to tender as the revised estimate exceeds the total budget (from both a Council and Modellers Society perspective).

2.7 The Modeller’s have exhausted their potential to raise external funding through Trust’s and “in-kind”.

2.8 All attempts by officers to secure additional external funding have come to nothing.

2.9 Not doing something is not an option, and it is now time to again test Council’s appetite as to what solution is the best for the pond and at what cost before progressing further.

2.10 Whilst the original Council fall-back position of “Return to Estuarine” is still an option it is not supported by the Group.

2.11 The Group propose that this project be placed on hold for the current financial year, that officers continue with their annual cleaning regime, re-assess the entire project through the Long Term Plan (LTP) and to refer the matter to the Works and Infrastructure Committee.

2.12 Officers recommend that a detailed Business Case be undertaken and that the Return to Estuary option be refined and costed before reporting back to Council.

3. Recommendation

That the Committee

Receives the report Modellers Pond Update and Way Forward (R8259); and

Approves any unspent funding as carry-over to 2018/19.

4. Background

4.1 The water quality in the pond has been a problem for several decades. Since the chemical treatment stopped, the weed and algae have proliferated and the pond, by necessity, has been cleaned out manually. Considerable time and resources have been spent in an effort to find an alternative long-term solution that will deal with the weed and algae.

4.2 Long-term manual cleaning of the pond whilst possible is both not a long-term solution nor is it economical. The likely cost to keep on top of the cleaning, with no guarantee, is estimated to be in excess of $100,000/year.

4.3 Council previously approved the ‘modify’ pond option, as a method to control algal growth, which included installing a concrete liner in the bottom of the pond, installing circulation and creating more frequent flushing of sea water through the pond.

4.4 This decision was contingent on the Modellers raising substantial funding for this solution and if not secured that the pond would be returned to an estuarine environment.

4.5 That decision to revert back to an estuarine environment was rescinded by Council in March 2017 in favour of Council approving the modify option at an estimated cost of $1.2 Million and that a Project Group be established to oversee the delivery. The applicable resolutions are as follows:

Council revoked the following resolution passed on 8 September 2016:

“AND THAT The Nelson Society of Modellers be afforded the opportunity to finalise and confirm additional funding for the balance over and above the $600,000 committed by Council no later than the end of September 2016 February 2017;

AND THAT Council confirms that should the additional funding not be raised by the Nelson Society of Modellers by the end of September 2016 February 2017, that it be agreed that the option to convert the pond back to estuarine environment at an estimated cost of $690,000 be its second option and included in the 2017/18 Annual Plan”.

Council resolved as follows:

“Confirms the modified pond option at a cost of $1.2 million as Council’s preferred option, noting the contributions pledged to date to the Nelson Society of Modellers, as set out in report R7038, and the progression of the application to Lotteries and other funders by the Society; and

Establishes a Project Group consisting of Councillors Skinner and Walker, one member of the Tahunanui Business Association, and one member of the Nelson Society of Modellers; and

Directs that a resource consent application for the Modify Pond option be lodged; and

Approves the Modellers Pond Project Group Terms of Reference (A1721691)”.

4.6 The Terms of Reference note the Group’s areas of responsibilities are to maintain a high level oversight of the project working collaboratively to:

· Provide oversight to ensure overall health of the project;

· Provide support to the Society in their funding drive to maximise third party funding contribution;

· Assess progress updates from officers;

· Receive and consider information relevant to the project;

· Act as the liaison with the Tahunanui community.

4.7 The revised physical cost estimate to construct Council’s preferred solution, based on a Quantity Surveyors estimate, is now $1.63 Million.

4.8 This revised estimate is unfortunate and disappointing as it yet again deviates from the estimate provided by the consultants in February 2017 ($1.2M). The consultants however confirm that the Quantity Surveyors estimate is the more reliable estimate.

4.9 The only way the actual cost of construction could be accurately determined is by going to tender. Officers however have not been able to do this nor recommend this as an option going forward, as tendering for works (where adequate funding is not available) should not be the mechanism to determine the project budget.

4.10 Officers remain of the view that the “modify pond” option is still the best permanent solution.

4.11 As a result of the new estimate, the pond will not be ready for the International Model Engineering Convention planned for early January 2018. The Modellers have indicated that their funding raised (approximately $15,000 to date) will now be used for the event which will still be held in Nelson.

4.12 Council has committed to keeping the pond clean for the January 2018 event and to make sure that the surrounding area is maintained to a standard that will reflect positively on Nelson. Officers will work within current budgets as best they can.

5. Discussion

Funding

5.1 The Modellers have secured $100,000 from the Rata Foundation but this funding is contingent on works being underway by December 2017. Clearly this won’t be achieved and the funding, whilst still feasible, cannot and has not been relied on.

5.2 The funding application by the Modellers to the Lotteries Trust was unsuccessful and whilst Council undertook to lead another application to the Trust, any chance of success was deemed to be extremely low and no application was made.

5.3 The Modellers have also stopped work on “in-kind” donations and pledges to the physical works. This aside, the amount required to meet the revised construction figure is far larger than any contribution that may be forthcoming from “in-kind” donations.

5.4 The funds raised by the Modellers will be used on the International event planned for January 2018.

5.5 Officers (along with the Chief Executive) have also been working with a professional fund raising company to assist in securing funding for the project. This too has proved unsuccessful as the view is that this sort of project will not attract external funding sufficiently to make it a success. This project is a very different proposition to the very successful upgrades of both the Suter and Nelson School of Music.

5.6 The revised financial summary is detailed below:

Revised estimated physical works	$1,630,000
Design & administration fees to effect solution	$ 100,000
Sub-Total	$1,730,000
Less Council funding 17/18 (Rata funding excluded)	$1,045,000
Less spent to date this year	$ 16,000
SHORTFALL	$ 669,000

Current maintenance cleaning budget of $45,000/year included in the current financial year is excluded from this table.

Alternatives – Return to Estuarine

5.7 The “Return to Estuarine” option was the fall-back position by Council before they revoked this option (refer item 4.4).

5.8 As reported to the committee in February 2017, the “Return to Estuarine” option had a preliminary estimated physical works cost of $690,000 with annual maintenance of $10,600.

5.9 This estimate has an accuracy of +/- 30% as detailed design for this option has not been completed nor has any combination of estuary/green space been finalised. Work on this option stopped when Council rescinded this part of the resolution and noted its preferred option (modify the pond).

5.10 This option however does remain a viable option for the area, but will not retain the pond in any form that could be used by modellers. With consent, design and administration fees this option is estimated to be between $1.1 million and $1.3 million - still in excess of the current budget.

5.11 Any additional public amenity will add additional cost to this option.

5.12 There are no other viable alternatives for a permanent solution.

View of the Working Group

5.13 The Group met on 6 September 2017 and noted its disappointment that the project could not be implemented, but confirmed;

· That there were no further savings to be made on the detailed design; and

· That the revised physical works estimate, whilst disappointing, was the most accurate; and

· That no further external funding was possible.

5.14 Officers confirmed to the Group that whilst staging of the “modify” physical works was possible, over for example two financial years, that there were no aspects that could be undertaken as stand-alone portions of work. For an effective solution the entire works needed to be undertaken as one continuous piece of work.

5.15 The Group did not support returning the pond to estuarine.

5.16 The Group was of the view that the best option going forward was to place the project on hold in the current financial year, carryover all funding forward to 2017/18, consider the “modify” option in the LTP, continue with the current cleaning regime and to treat this project as a detention stormwater facility falling under the Works and Infrastructure Committee.

5.17 The Modellers Pond is specifically delegated to the Sports and Recreation Committee and that committee could refer the matter on to the Works and Infrastructure Committee or to Council.

6. Options

6.1 In order to move this project forward, several options are open to Council as detailed hereafter.

6.2 The ‘Do Nothing’ option is not considered further as experience has shown that keeping the pond clean is not a viable long-term solution. User complaints are still frequently received. A long-term permanent solution is required.

Option 1: Modify option – Council to provide additional funding now and to proceed to tender in the current financial year.
Advantages	· Permanent solution · Modellers/public retain functional pond · In-kind still possible but extent unknown
Risks and Disadvantages	· More cost to ratepayer · Value for money questionable · Ratepayer backlash · In-kind still possible but extent unknown
Option 2: Modify option – Council to provide funding but consider project in LTP
Advantages	· Permanent solution · Modellers/public retain functional pond
Risks and Disadvantages	· More cost to ratepayer · Value for money questionable · Ratepayer backlash
Option 3: Prepare Business Case for Return to Estuarine Environment
Advantages	· Business Case will provide accurate cost of option and other benefits
Disadvantages	· Potential Loss of Modellers Pond and public amenity

7. Conclusion

7.1 Council has previously resolved to proceed with the ‘modify’ pond upgrade option.

7.2 A Project Group has been set up, the design finalised and costed and the resource consent secured.

7.3 The revised physical works estimate now pushes the project beyond the available budget (including that from Council, the Modellers Society, “in-kind” assistance pledges and external grants).

7.4 The operational cost of maintaining the pond without a long-term solution is not sustainable.

7.5 Council needs to provide guidance to officers on the next steps.

7.6 The Project Group has expressed a strong view that they do not support the “Return to Estuarine” option but see merit in placing works on hold this current financial year, considering this project in the LTP and this becoming a Works and Infrastructure matter.

7.7 Officers support that a detailed business case be undertaken, that detailed costs be refined for the Return to Estuarine option and that this be reported back to Council.

Alec Louverdis

Group Manager Infrastructure

Attachments

Nil

Important considerations for decision making

1. Fit with Purpose of Local Government

The decision required by this report involves Council balancing affordability with the need for good quality local infrastructure as required by section 10 (1) (b) of the Local Government Act 2002. This clause of the Act requires Council to meet the current and future needs of communities in a way that is most cost effective for households and businesses.

2. Consistency with Community Outcomes and Council Policy

Our Community Outcomes state - “Our communities should have access to a range of social, educational and recreational facilities and activities”. The facility is included in the current Property and Facilities Asset Management Plan, the 2014/15 Annual Plan and the 2015-25 LTP

3. Risk

There is every expectation that the designed scheme will resolve the ongoing problems of water quality in the pond. Maintenance will still be required but at a reduced cost.

4. Financial impact

The financial impact is that additional funding will be required to implement a solution to address the issues at the pond. Existing maintenance costs to the pond will be reduced significantly.

5. Degree of significance and level of engagement

This is a low significance in terms of Council’s Significance and Engagement Policy. Consultation has been ongoing with the Society in terms of the detailed design. The Society and members of the Tahunanui Community presented their views to Council at its meeting 11 June 2015 and expressed strong preference to retain and modify the pond.

6. Inclusion of Māori in the decision making process

Consultation was undertaken with all Iwi as part of the Council commissioned Assessment of Cultural Effects and there are no objections.

7. Delegations

The Sports and Recreation Committee currently has delegation on the Modellers Pond, specifically Powers to decide - Approval of specified business cases or projects referred by Council to the committee, and also included in the Annual Plan.

Sports and Recreation Committee

5 October 2017

REPORT R8442

Memorandum of Understanding between Nelson Mountain Bike Club and Nelson City Council

1. Purpose of Report

1.1 To present and adopt the Memorandum of Understanding (MoU) between the Nelson Mountain Bike Club (Club) and Nelson City Council (NCC).

2. Recommendation

That the Committee

Receives the report Memorandum of Understanding between Nelson Mountain Bike Club and Nelson City Council (R8442) and its attachment (A1836101); and

3. Background

3.1 The Club is a volunteer-driven non-profit organisation that works to improve mountain biking in Nelson with over 2,000 members. Their Mission Statement is to facilitate, advocate, promote and encourage mountain biking in Nelson and foster local mountain bike trails and events, creating distinctive and valued community assets for the enjoyment of mountain bike riders of all abilities.

3.2 NCC and the Club have a close working relationship on shared development and maintenance agreements for tracks on both Council and privately owned land.

3.3 One of the Clubs key objectives is to foster and strengthen positive relationships with land-owners, local authorities and other stakeholders and they approached NCC proposing a MoU which provides an agreement to enable clear lines of communication between the two parties with the aim of working together as strategic partners in relation to mountain biking in the Nelson region.

3.4 Councils “Out and About – On Tracks” strategy supports the relationship with back country land owners including the Club and has consideration for strategic alignment with the Club.

3.5 The MoU (refer to Attachment 1) is a culmination of discussions between the Club and NCC.

4. Options

4.1 The committee has 2 options, either approve or not approve the MoU. Officers recommend the signing of the MoU.

Option 1: Adopt the MoU
Advantages	· Clear lines of communication between both parties. · Collaboration of messaging. · Strengthened relationships.
Risks and Disadvantages	· None.
Option 2: Not adopt the MoU
Advantages	· None.
Risks and Disadvantages	· Mis-communication and both parties working in isolation. · Reputational risk.

Rosie Bartlett

Manager Parks and Facilities

Attachments

Attachment 1: A1836101 - NMBC - NCC Memorandum of Understanding ⇩

Important considerations for decision making

1. Fit with Purpose of Local Government

Communication is a vital factor in understanding for parties working together which will ensure the most cost effective approach.

2. Consistency with Community Outcomes and Council Policy

This MoU helps achieve the following community outcomes:

“Communities have access to a range of social, educational and recreational facilities and activities” and “Our Council provides leadership and fosters partnerships, a regional perspective, and community engagement.”

The Out and About”– on tracks strategy supports a strategic alignment with the Mountain Bike Club and supports this relationship.

3. Risk

There is every expectation that the MoU will set a clear framework for communication between the two parties which will minimise risk from miscommunication.

4. Financial impact

There is no direct financial impact. Staff will need to allocate time to ensure processes are followed which may result in less reactionary time being spent through miscommunication.

5. Degree of significance and level of engagement

This is considered low significance in terms of Council’s Significance and Engagement Policy. Consultation has been ongoing with the Nelson Mountain Bike Club with regard to the drafting of the agreement.

6. Inclusion of Māori in the decision making process

No consultation has been undertaken with Maori on this MoU.

7. Delegations

The Sports and Recreation Committee has delegation to consider this MoU.