Mayor Stuart Crosby says legal issues surrounding the Sydenham Park affair will be examined as part of the annual plan process.
The council has signalled through the annual plan process that it intends to drop the $30,000 budgeted for the upkeep of Sydenham Park, a three hectare property gifted to the city on condition the council maintain it as a botanical park.
The council's decision prompted a public meeting on Wednesday to organise annual plan submissions where the questions of the legality of the council's move were raised.
'There is always a legal component to it,” says Stuart.
'If there is an issue, my comment is we will investigate it, for sure.”
There will be a report to council on its obligations as part of the annual plan process, says Stuart.
'It's a proposal for consultation, so when we get the submissions in and get the council report on the submissions, then we will put some focus on our legal obligations.”
He expects that to happen later this month, or early May.
18 comments
The reasoned approach
Posted on 02-04-2011 09:40 | By Writerman
Beware of smiling politicians who tell you 'it will be looked into' or some similar inactive response. Submissions on the Annual Plan close in less than three weeks and you can download the forms at TCCs truly awful website http://www.tauranga.govt.nz and follow the endless links until you finally arrive at the submissions forms.
Basil Brush is onto it
Posted on 02-04-2011 11:08 | By Hebegeebies
Writerman You got it right about smarmy politicians & yes the TCC website is a bloody incoherent unhelpful and disorganized mess.It is not user friendly and TCC ratepayers paid someone a fortune to set this website up!!!!
University a solution
Posted on 02-04-2011 11:31 | By The author of this comment has been removed.
From reading the save the park blog and learning about Mr Sydenham the perfect solution would be a university base. He was the first botanist graduate from this area and had a love of learning. The area surrounded by the existing houses could be sold for affordable housing, thereby looking after our city's most disadvantages citizens. The money from this would fund the establishment of a university building adjacent but not too close to the kauris and other special specimens. This would give us the best of both worlds by retaining a small park here, with the fantastic Carmichael reserve Park just 500 metres away.
COUNCIL ATTEMPT TO 'SAVE' MONEY
Posted on 03-04-2011 10:19 | By The Master
Yeah right, they say they are spending $10,000 on moving lawns, $20,000 on 'something else' but no one knows what, who, where or when? The consultants will be onto it like a rash. The lawyers will be feverishly now onto it for 'legal opinions' all over the place and at the end of the day nothing will change except that now the cost for the park for this year will be $100,000+. The rate savings are to be made elsewhere folks.
Lets sue nature for being such a burden
Posted on 03-04-2011 19:38 | By GrassRoots
@ Gillickers. Franks will restricts the land to being used for a public park. If the council changes its mind about keeping the park then the trustee has to go to the high court for a new purpose. Unfortunately court costs are approx $100,000 which would be funded by selling the property. The high court would then disperse remaining sale proceeds to charities it deems appropriate and the land would be in the hands of property developers. Tauranga already has a huge bankrupt sub-division. What we don't have is a central city educational horticulture/natives/botanical park. With community input this can be achieved using volunteers and funraising with minimal cost to ratepayers. Move along council, no savings to be had here. savethispark.blogspot.com
EASY SOLUTIONS
Posted on 03-04-2011 21:28 | By ROCKY
The Park has come at no cost to Council or TCC ratepayers. Main issue seems to be the 30k pa for upkeep which has never slowed Council down on all its other hairbrain operations.Could TCC be angling to sell land and get its hands on the loot (?).Enough said for the moment as it seems like some locals are really keen to get involved so let them volunteer to generally maintain Park with minimal TCC funding for all out of pocket expenses.See how it goes, will certainly do it better and cheaper than TCC. A University on 4ha with low cost housing I think not.
PERM AND BLOW WAVE
Posted on 03-04-2011 21:53 | By TERMITE
The Mayor seems to have changed hair colour, darkened up some, wonder why.
Nature not a burden
Posted on 04-04-2011 08:39 | By The author of this comment has been removed.
@GrassRoots. Maintaining a park shouldn't be a burden, but how long before demands come for a permanent caretaker, some sort of building or structure and the list goes on? I thought my possible solution was worth a look because although you rightly mention that a big subdivision has gone bankrupt, what about the provision of affordable sections in this town? They don't exist. So I thought a mix of affordable housing (maybe for the students themselves) a university centre and a botanic park would be perfect. When you say that Frank's will restricts the use for a public park, can you put the actual wording up here so we can all read it? Thanks.
POINTLESS PROCESS
Posted on 04-04-2011 08:50 | By THE PELICAN BRIEF
What is the point of getting submissions and reports on submissions and consultants on submissions ... Would it not be a better idea to sort out the moral and legal obligations first before trying to create a Annual Plan diversion, waste everyone's time and efforts, should these effort not be placed into something useful.
University...
Posted on 04-04-2011 09:43 | By silent no more
If you consider the location of the land yes there is access to public transport for students to get to this possible University site. Though I do not see a University Campus being established on this site as it is does not allow for expansion beyond the original parcel of land. The University of Canterbury has a small campus in Tauranga and only provides Early Childhood Education training there. Whilst the University of Waikato after many years of discussion have partnered up with the Bay of Plenty Polytechnic at their Windermere Campus to expand the Universities presence and papers avavilable within Tauranga and the Bay of Plenty.
Education was Mr Sydenham's intention
Posted on 04-04-2011 10:05 | By The author of this comment has been removed.
Jenny Argante has kindly provided readers with some quotes from the meeting held about the park, this one being very relevant. "The original intention of the trust deed was that the land would be used for education." This is quite different from the park idea which looks like it sort of came along later. as a matter of integrity, the original intention should be honoured.
Mr Mayor what a crock ...!!
Posted on 04-04-2011 17:02 | By Lostzone
I have some serious questions to ask ! 1) do you think the citizens are thick? 2)are you thick? 3)where do you get the figure of $30k from? 4) why is "'There is always a legal component to it,” says Stuart." ? 5) are you "honestly" sincere about listening to and working with the citizens of Tauranga? (Other then during the lead up to elections). Mayor here is a genuine offer to TCC.I will work with other genuinely concerned citizens (as seen by their actions and labour of love)towards setting up the appropriate systems/process's to carry out the maintenance of the park. Here is a very quick estimate of what the mowing & edges may come to. Lets say mowing 3 times a month for 8mths. Each mow takes 5hrs @ $80/hr = $9600+GST= $11040. Now I accept that I am not a professor of maths & I could be a little out. But $20k?? Come on tell us what else there is Stu ..! "Citizens Monitoring Council" N Barker
TCC the moneywasters
Posted on 05-04-2011 11:33 | By Hebegeebies
Lostzone so mow it every fortnight that is $10400 + GST a long way short of $30k.I am sure some of the residents would do it for nothing if the ride on mower & petrol provided . Taken to its logical conclusion TCC are paying or spending nearly 3 times the going commercial rate.With that sort of mentality it is little wonder Tauranga is in the financial poo poo.Every project TCC touch is in much the same position
BILL HAS IT
Posted on 05-04-2011 15:17 | By TERMITE
Bill said that everything TCC tounhes costs 2-3x as much so the lawn mowing actual cost at $10,400 compared to $30,000 through TCC is about normal. Just imagine pay 1/3rd rates now wouldn't that be wonderful.
No Drama
Posted on 05-04-2011 23:32 | By GrassRoots
It has now been acknowledged by council staff that actual yearly mowing costs are under $10,000. Some years have included a bit extra for fence repairs, etc. The $30,000 allocated budget is not what it costs to run. I think councillors are more afraid of development costs to do a full blown botanical park and the subsequent rise in maintenance costs from this also. Council just needs to set up a group to fundraise and organise volunteers. Whats the drama?
Existing plans are for educational park
Posted on 05-04-2011 23:43 | By GrassRoots
@ Gillickers, "Tauranga City Council must maintain the property as a botanical park with an emphasis on sub-tropical plants". If they choose not to it is then given back to Sydenham estate and sold. There is no legal scope or funding available to build a university campus on this site. Once sold it will inevitably become housing. Councillors need to hear a united voice asking them to keep it. Submissions and emails to councillors are how this will be done. Submissions close 20 April 2011 and can be given in 3 ways: over the phone 577 7000 or with forms available from council or online, see: savethispark.blogspot.com
Basil is at it again
Posted on 07-04-2011 00:54 | By YOGI BEAR
What consultation, there are no consultations intended at all, this is all just a diversion from the mess in the 10 year plan so as all the 'TURKEYS of TAURANGA' are kept busy and all that.
WHATS THE POINT OF ALL THIS THEN ?
Posted on 08-04-2011 17:34 | By Vomit
If the only cost is mowing at less that $10,000, then no one is going to believe that there is $30,000 to be saved by some miracle somehow here. One needs to look deeper like other suggest, I think that this is a 'planning tool' to divert attention from the real mess of debt, costs and rates rises that are hoped will just slide on in and past the post of Jo Public yet again.
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