NAPIER CITY COUNCIL

Civic Building

231 Hastings Street, Napier

Phone:  (06) 835 7579

www.napier.govt.nz

 

 

 

Ordinary Meeting of Council

 

Open

Agenda

 

Meeting Date:	Wednesday 21 September 2016
Time:	3.00pm
Venue:	Main Committee Room 3rd floor Civic Building 231 Hastings Street Napier

 

Council Members	The Mayor (In the Chair), Councillors Boag, Brosnan, Hamilton, Herbert, Jeffery, McGrath, Price, Pyke, Taylor, White and Wise
Officer Responsible	Chief Executive, Wayne  Jack
Administrator	Committee Adminstrator, Judy Buttery

 

Next Council Meeting

 

ORDER OF BUSINESS

Apologies

Nil

CONFLICTS OF INTEREST

Announcements by the Mayor

Announcements by the Management

Confirmation of Minutes

That the Draft Minutes of the Ordinary Meeting of Council held on Wednesday, 10 August 2016 be confirmed as a true and accurate record of the meeting.

LOCAL GOVERNMENT ACT 2002

The Council resolves, in terms of Section 82 (3) of the Local Government Act 2002, that the principles set out in that section have been observed in such manner that the Napier City Council consider, in its discretion, is appropriate to make decisions on the recommendations set out in this agenda (including the Public Excluded section).

New Reports

1       Remuneration Policy 2016 - 2019......................................................... 4

2       Annual Report Year Ended 30 June 2016............................................... 9

3       Licence to Occupy Agreement -Residential Development ...................... 10

4       Skate Park Funding Applications......................................................... 25

5       HB Crematorium Committee .............................................................. 27

6       Civil Defence Emergency Management Joint Committee......................... 34  

Reports / Recommendations from the Standing Committees

Reports from Maori Consultative Committee held 14 September 2016............. 41

Reports from Finance Committee held 7 September 2016

1       Loan Raising 2016/17....................................................................... 42

2       Napier City Council Financial Delegation - Borrowing............................ 45

3       Napier City Council - Delegations........................................................ 46

4       Centennial Gardens Pond Restoration.................................................. 47

5       NRB Survey....................................................................................... 48

Reports from Regulatory Committee held 7 September 2016

1       Marine Parade Realignment................................................................ 49

2       Class 4 Gambling Policy..................................................................... 50

3       William Colenso and John Close Bequest Funds.................................... 51

4       Freedom Camping Bylaw Review......................................................... 52

5       Christmas Arts Market....................................................................... 54

 

Reports Under Delegated Authority

1       Requests for Official Information........................................................ 55

2       Liquor Licences................................................................................. 57

3       Resource Consents............................................................................ 59

4       Tenders Let...................................................................................... 61

5       Schedule of Documents Executed Under Seal....................................... 63

Public Excluded .................................................................................... 65

1.     Remuneration Policy 2016 - 2019

Type of Report:	Legal and Operational
Legal Reference:	Local Government Act 2002
Document ID:	313799
Reporting Officer/s & Unit:	Wayne  Jack, Chief Executive

 

1.1   Purpose of Report

To provide overarching principles to guide the remuneration of Napier City Council employees.

 

Officer’s Recommendation That the Remuneration Policy 2016-2019 be adopted.

 

MAYOR’S RECOMMENDATION That the officer’s recommendation be adopted.

1.2   Background Summary

This policy does not seek to alter the role of the employer to negotiate the actual remuneration of individual staff members or to determine staffing levels.  These matters remain the responsibility of the Chief Executive to manage in the exercise of their statutory responsibility to ensure the effective and efficient management of the activities of the Council.  However, in fulfilling this statutory responsibility and the responsibility to employ and negotiate the terms of employment of all other staff of the Council, the Chief Executive must do so in accordance with this policy.

 

This policy has been developed under the provisions of section 36A, Schedule 7 of the Local Government Act 2002.  

 

The Napier City Council (the Council) recognises that remuneration is an important factor in attracting, motivating and retaining talented and skilled people that the Council needs to ensure its services will continue to meet the needs of the City now and into the future.

 

The Council has a focus on, and expectation of, consistent and competent performance from individuals, teams and the organisation as a whole.  Performance is not just about the what is delivered strategically, operationally and technically in terms of outcomes, outputs and expectations, it will also be about extending the skills, knowledge and behaviour and how position holders perform in their roles.

 

The Remuneration Policy and its framework is anchored and aligned to the Council’s Leadership and Competency Frameworks.  The reason for this is that although there will be clear expectations for leaders and team members, it is how we want our people to perform that will make the difference in our future focused and sustainable excellence organisation.

 

The Council values its staff and is committed to developing a strong performance and development oriented organisational culture, where each person is provided with a range of opportunities to grow, learn and perform.

 

The Council’s Remuneration Framework will reflect an innovative approach, where growing individual competencies and their delivering performance expectations based on the development of strong Key Performance Indicators (KPI’s), will underpin how they will be remunerated. All performance expectations will be SMART (specific, measurable, achievable, relevant, and time-bound KPIs with a focus on continuous improvement and aligned to the prevailing financial year ending 30 June.

 

Individual growth and performance will enable the organisation to deliver more consistent, higher quality and solutions oriented services.

 

Remuneration will be based on a combination of job competency and performance delivery, with a strong emphasis on demonstrated competencies.

 

A local authority must review a policy adopted under this clause at intervals of no more than 3 years (LGA 36A (2)).

 

GUIDING PRINCIPLES

 

The remuneration framework is based on the following guiding principles:

 

a.     Remuneration is a key ongoing strategic driver for organisational development.

 

b.     Remuneration will be based on what is affordable within the agreed annual budget.

 

c.     The Remuneration Framework will be used consistently to manage how all staff are remunerated.

 

d.     This Remuneration Framework will be transparent, practical and aligned to the Leadership and Competency Frameworks and integrated with the Performance Development Planning process.

 

e.     All positions will be benchmarked with the national public sector or will be sector specific, dependent upon the focus and nature of the business unit (including whether the business unit is a revenue-driven business centre) and will take into account internal relativities. 

1.3   Significance and Consultation

Consultation with Staff Unions has occurred.

1.4   Implications

Financial

Remuneration will be based on what is affordable within the agreed annual budget. 

Social & Policy

The Remuneration Policy would be reviewed every three years.

Risk

There is some risk when moving to a market median model where there are significant shifts in salary in a year, where the underlying Local Government Cost Index applied to rates increases are different.  In these situations Council will look at affordability impacts before applying these changes.

1.5   Options

The options available to Council are as follows:

1.   Not have a Remuneration Policy

2.   Adopt the proposed Remuneration Policy

1.6   Development of Preferred Option

The preferred option is to adopt the Remuneration Policy as attached.  This will provide both staff and management a method of attracting, motivating and retaining talented and skilled people to ensure the delivery of Council services both now and in the future.

 

1.7   Attachments

a     Remuneration Policy 2016 - 2019 ⇩   

 

2.     Annual Report Year Ended 30 June 2016

Type of Report:	Legal
Legal Reference:	Local Government Act 2002
Document ID:	313796
Reporting Officer/s & Unit:	Adele  Henderson, Director Corporate Services

 

2.1   Purpose of Report

To adopt the Annual Report of Napier City Council 2015/16 year.

 

Officer’s Recommendation That the Annual Report for Napier City Council for 2015/16 be adopted subject to any grammatical and minor changes and any changes due to the requirements of the audit process.

 

MAYOR’S RECOMMENDATION That the officer’s recommendation be adopted.

2.2   Background Summary

Under the Local Government Act 2002, each annual report must be completed and adopted, by resolution, within 4 months after the end of the financial year to which it relates.

 

***     The Annual Report for Napier City Council for the year ended 30 June 2016 is contained in Attachment A.  The statements are presented in a format to meet the requirements of the appropriate legislation.

 

The audit of the Council’s annual finances will be completed by the date of this meeting and the audit opinion will be tabled at the meeting.

 

The Audit and Risk Committee recommendation will be advised at the meeting.

2.3   Significance and Consultation

Not applicable

2.4   Implications

Financial

Not applicable

Social & Policy

Not applicable

Risk

Not applicable

 

2.5   Attachments

a     Annual Report 2015/2016 (Under Separate Cover) ⇨   

3.     Licence to Occupy Agreement -Residential Development

Type of Report:	Operational
Legal Reference:	N/A
Document ID:	313062
Reporting Officer/s & Unit:	Jason Pratt, Projects & Development Engineer

 

3.1   Purpose of Report

To request from Council approval of a licence to occupy agreement between Silver Lake Trust and Napier City Council.

 

Officer’s Recommendation That a licence to occupy agreement between Silver Lake Trust and Council be approved for: a.   Private water and storm water services within Puketapu Road; and b.   Provisional approval for private water and storm water services within the development road being vested to Council.

 

MAYOR’S RECOMMENDATION That the officer’s recommendation be adopted.

3.2   Background Summary

Water Supply

 

A private water reticulation system is proposed for providing water to the residential development at 140 Puketapu Road.  The source of water is from a connection to the Napier City Council public water supply system in Puketapu Road.

 

It will consist of a small pump station and associated underground pipeline along the south side of Puketapu Road, and along the new road to vest within the development.  The applicant’s plans showing the location of the proposed private water services are Attachments A, B, E and F.

 

The main reasons for having the proposed private reticulation system within Puketapu Road and the vested road are:

 

·    There currently is no adequate city water supply to the property for servicing the proposed residential development.

 

·    There is no availability of bore water.

 

·    Alternative pathway over private land is not feasible, due to the topography and possible issues with multiple owners involved.

 

·    The applicant does not want to use tank water for the proposed “high-end” lifestyle lots and preference is to use city water supply.

·    A public water supply was investigated and a draft MOU prepared with the developer, however the public scheme did not proceed due to:

o  The developer felt that contributing to a public scheme was not value for money for his development.

 

o  Council funds were not programmed meaning other planned works would need to be halted to provide for this scheme extension.

 

Storm Water

 

The majority of the development’s storm water runoff is to be conveyed through the proposed storm water main in the vested road, to a detention pond on private land adjacent to Puketapu Road.  The pond is then connected to the public system via an outlet structure.  The applicant’s plans showing the location of the proposed private storm water services are in Attachments C and D.

 

The reasons for having the storm water main within the vested road and for it to remain private are:

 

·    The road berm provides the most practical location for connecting private property and vested road drainage.

 

·    The storm water system connects into a private detention pond.

3.3   Issues

All road controlling authorities endeavour to keep private services in the road to a minimum to help preserve road corridor space.  However with this development the only practical option is to install private water and storm water services within the public road.

 

The most important aspect of any private underground service is that its details must be held in the record system of an established utility operator so that any person intending to undertake physical works in this area will be advised of its existence and location.  The logical place for this is with Council’s own utility records.  The licence to occupy agreement will include a condition requiring the applicant to provide as-built information to Council.

3.4   Significance and Consultation

Not applicable.

3.5   Implications

Financial

The licensee with pay all survey, legal, installation and maintenance costs with a nominal annual rental.  Cost to Council is officer’s time and general administration.

Social & Policy

Not applicable.

Risk

Not applicable.

3.6   Options

The options available to Council are as follows:

1.   Do nothing

2.   Grant approval for the licence to occupy

3.7   Development of Preferred Option

That a licence to occupy agreement between Silver Hill Trust and Napier City Council is approved for

a.  Private water and storm water services within Puketapu Road.

 

b.  Provisional approval for private water and storm water services within the development road being vested to Council. 

 

3.8   Attachments

a     Puketapu Rd private water services plan 1 ⇩

b      Puketapu Rd private water services plan 2 ⇩

c     Private Storm Water plan 1 ⇩

d     Private storm water plan 2 ⇩

e      Vested Rd Private Water System Plan 1 ⇩

f      Vested Rd Private Water System Plan 2 ⇩   

4.     Skate Park Funding Applications

Type of Report:	Operational
Legal Reference:	N/A
Document ID:	313789
Reporting Officer/s & Unit:	Belinda  McLeod, Admin Team Leader (Community Development)

 

4.1   Purpose of Report

To seek approval to apply for external funding to support the ‘fit out’ for the reception area of the Napier Skate Park.

 

Officer’s Recommendation That Council resolves to apply for funding to support this project by applying to the following organisations: Organisation Funding up to: Lion Foundation $10,000 Infinity Foundation $15,000 New Zealand Community Trust $5,000 North and South Trust $10,000 Unison $15,000 Total Amount of Funding: $55,000.00

 

MAYOR’S RECOMMENDATION That the officer’s recommendation be adopted.

4.2   Background Summary

The Napier Skate Park construction costs have been funded by Council and external funders, except for the internal ‘fit-out’ of the reception area, under the grandstand.

4.3   Significance and Consultation

Not applicable.

4.4   Implications

Financial

We estimate the internal fit-out costs to be approximately $30-40k, and require funding to complete this work.

Social & Policy

Not applicable.

Risk

Should external funding applications be unsuccessful, the fit-out costs need to be funded from existing Council budgets, and/or the cost reduced.

4.5   Options

The following table outlines the funding applications for this project.

Organisation	Funding up to:
Lion Foundation	$10,000
Infinity Foundation	$15,000
New Zealand Community Trust	$5,000
North and South Trust	$10,000
Unison	$15,000
Total Amount of Funding:	$55,000.00

 

4.6   Attachments

Nil

5.     HB Crematorium Committee

Type of Report:	Information
Legal Reference:	N/A
Document ID:	309921
Reporting Officer/s & Unit:	Judy Buttery, Committee Advisor

 

5.1   Purpose of Report

To present to Council the minutes of an extraordinary meeting of the HB Crematorium Committee held 26 August 2016.

 

Officer’s Recommendation That the minutes of the HB Crematorium Committee meeting be received.

 

MAYOR’S RECOMMENDATION That the officer’s recommendation be adopted.

5.2   Background Summary

The minutes of the HB Crematorium Committee meeting held on 26 August 2016 are Attachment A.

5.3   Significance and Consultation

Not applicable.

5.4   Implications

Financial

Not applicable

Social & Policy

Not applicable

Risk

Not applicable

 

5.5   Attachments

a     Minutes of the HB Crematorium Committee meeting held 26 August 2016. ⇩   

 

 

 

 

 

6.     Civil Defence Emergency Management Joint Committee

Type of Report:	Information
Legal Reference:	N/A
Document ID:	313822
Reporting Officer/s & Unit:	Wayne  Jack, Chief Executive

 

6.1   Purpose of Report

To present to Council the minutes of the Civil Defence Emergency Management (CDEM) Joint Committee meeting held 22 August 2016.

 

Officer’s Recommendation That the minutes be received.

 

MAYOR’S RECOMMENDATION That the officer’s recommendation be adopted.

6.2   Background Summary

The minutes of the Civil Defence Emergency Management (CDEM) Joint Committee meeting held 22 August 2016 are Attachment A.

6.3   Significance and Consultation

Not applicable.

6.4   Implications

Financial

Not applicable.

Social & Policy

Not applicable.

Risk

Not applicable.

 

6.5   Attachments

a     Minutes of the 22 August 2016 ⇩   

 

 

 

 

 

 

REPORT / RECOMMENDATIONS FROM THE STANDING COMMITTEES

 

 

MAORI CONSULTATIVE COMMITTEE RECOMMENDATION That the Maori Consultative Committee recommendations be adopted.

 

Note:   The Maori Consultative Committee Recommendations in relation to the Standing Committees items are recorded with each specific item.

 

1.     Loan Raising 2016/17

Type of Report:	Procedural
Legal Reference:	Local Government Act 2002
Document ID:	307133
Reporting Officer/s & Unit:	Ian  Condon, Finance Manager

 

1.1   Purpose of Report

To approve new loan authorities and loan raising for 2016/17.

 

Maori Consultative Committee's Recommendation L Ratima / G Reti That the Council resolve that the Committee’s recommendation be adopted. CARRIED

Committee's Recommendation Councillors Taylor / Hamilton That the Council resolve as follows: a.  That Council borrow such amounts and enter into such incidental arrangements on such terms and conditions as any of the Authorised Persons named in Resolution d. below may determine from time to time.   b.  That every borrowing or incidental arrangement incurred or entered into by the Council on the terms and conditions determined by any of the Authorised Persons shall:   i.  Be for the purposes specified below, or for general working capital purposes of the Council, subject, in each case, to the financial limitations contained in the Liability Management Policy.   NAME PURPOSE AMOUNT Roading Loan 2016 Embankment Road Bridge 450,000 Napier Skate Park Loan 2016 Napier Skate Park Development 1,285,000 Halls Upgrade Loan 2016 Taradale Community Rooms Refurbishment 279,000 War Memorial Loan 2016 War Memorial Conference Centre Upgrade 1,746,000 Napier i-Site Loan 2016 Par2 Minigolf Upgrade 196,000 Property Loan 2016 Seismic Strengthening Council Buildings 1,500,000 Civic Building Upgrade Loan 2016 Civic Buildings Upgrade 540,000 City General Loan 2016 General Borrowing 400,000 CBD Stormwater Loan 2016 CBD Stormwater Upgrade 839,000 Taradale Stormwater Loan 2016 Taradale Stormwater Upgrade 200,000 Waipatiki Property Grant Loan 2016 Waipatiki Beach Holiday Park Purchase                                    300,000                             $7,735,000   ii. Be secured by and have the benefit of a Debenture Trust Deed, creating a charge over rates.   c.  That the Council considers that the financial limitations contained in the Ten Year Plan and Liability Management Policy address the risks and benefits of the proposed loan and security to be given by the Council.   d.  That the persons holding the following offices with the Council be designated as “Authorised Persons”: i.      The Director Corporate Services ii.     The Finance Manager   e.  That any of the Authorised Persons are hereby authorised, empowered and appointed, on behalf of the Council, (but subject to Resolutions a. and b. above) to: i.  Negotiate and approve the specific terms and conditions of the borrowing in accordance with the financial limitations contained in the Liability Management Policy; ii. Negotiate, execute and deliver such documents and take all actions as any of the Authorised Persons may consider necessary for the purpose of giving effect to the borrowing and the security which may be given in respect thereof; and iii. Sign, dispatch, any letter, acknowledgement, notice, certificate, authority, approval, payment, or other document on behalf of the Council as any of the Authorised Persons may consider necessary or desirable in connection with, or incidental to, the matters referred to or authorised in paragraphs i or ii above.   f.   That all further actions, documents, agreements, authorities, letters, payments, approvals or notices required in connection with the matters approved and authorised by these Resolutions be from time to time undertaken, executed, entered into, or given on behalf of the Council by any Authorised Persons, such further matters to be in the form and/or on the terms and conditions approved by an Authorised Person and the execution of any document/s relating to such matters by an Authorised Person shall be conclusive evidence of the agreement to and authorisation, approval and confirmation of that matter by the Council and the Authorised Persons.   g.  That the authorisations set out in Resolutions d. to f. inclusive above shall remain in full force and effect until written notice of their revocation by resolution of the Council has been received by the Authorised Persons, provided that any person dealing with the Authorised Persons shall be entitled to assume that the Authorisations have not been revoked and remain in full force and effect and, in so assuming, shall be protected unless and until he or she has actual notice of such revocation   h.  That the Council provides for the repayment of loans through the establishment of Redemption Funds or by such other mechanisms that are in accordance with the Liability Management Policy.   i.   That copies of this resolution and all other resolutions, orders and documents relating to the said loans, certified by the Mayor and Chief Executive as correct extracts from the minutes of all proceedings of the Council may from time to time be sealed with the Common Seal of the Council as evidence of the same and issued as required. CARRIED

2.     Napier City Council Financial Delegation - Borrowing

Type of Report:	Legal
Legal Reference:	Local Government Act 2002
Document ID:	309448
Reporting Officer/s & Unit:	Heather Mabin, Strategic Financial Advisor/Analyst

 

2.1   Purpose of Report

To request Council to authorise the delegation of Napier City Council authority from the elected members to specified Napier City Council Officers in relation to loan and interest payments of external loans.

 

Maori Consultative Committee's Recommendation L Ratima / G Reti That the Council resolve that the Committee’s recommendation be adopted. CARRIED

Committee's Recommendation Councillors Herbert / Pyke a.     That the Council authorise the delegation of authority to make loan and interest payments, on behalf of Napier City Council for approved loans to the value included in the Annual Plan, to the role of Director Corporate Services. b.     That the Council authorise the delegation of authority to make loan and interest payments, on behalf of Napier City Council for approved loans to the value included in the Annual Plan, to the role of Chief Financial Officer. c.     That the Council authorise the delegation of authority to make loan and interest payments, on behalf of Napier City Council for approved loans to the value included in the Annual Plan, to the role of Revenue and Treasury Manager. CARRIED

3.     Napier City Council - Delegations

Type of Report:	Legal
Legal Reference:	Local Government Act 2002
Document ID:	309450
Reporting Officer/s & Unit:	Heather Mabin, Strategic Financial Advisor/Analyst

 

3.1   Purpose of Report

To request the Council to authorise the sub-delegation of existing delegated powers and authorities specified in Council approved policies and Bylaws from the old role titles to new role titles under the new organisation chart.

 

 

Maori Consultative Committee's Recommendation L Ratima / G Reti That the Council resolve that the Committee’s recommendation be adopted. CARRIED

Committee's Recommendation Councillors Price / Brosnan a.     That the Council approve the sub-delegation of all powers and authorities specified in Council approved policies and Bylaws held by the Planning Manager to the new role title of Director City Strategy. b.     That the Council approve the sub-delegation of all powers and authorities specified in Council approved policies and Bylaws held by the Services Manager to the new role title of Director City Services. c.     That the Council approve the sub-delegation of all powers and authorities specified in Council approved policies and Bylaws held by the Community Services Manager to the new role title of Director Community Services. d.     That the Council approve the sub-delegation of all powers and authorities specified in Council approved policies and Bylaws held by the Finance Manager to the new role title of Revenue and Treasury Manager. e.     That the Council approve the sub-delegation of all powers and authorities specified in Council approved policies and Bylaws held by the Rates Supervisor to the new role title of Rates Coordinator f.     That the Council approve the sub-delegation of all powers and authorities specified in Council approved policies and Bylaws held by the Sexton to the new role title of Team Leader Sexton. g.     That the Council approve the sub-delegation of all powers and authorities specified in Council approved policies and Bylaws held by the Regulatory Services Manager to the new role title of Manager Regulatory Solutions. CARRIED

4.     Centennial Gardens Pond Restoration

Type of Report:	Information
Legal Reference:	N/A
Document ID:	309704
Reporting Officer/s & Unit:	Debra Stewart, Reserves Asset Manager

 

4.1   Purpose of Report

To seek Council support for investigations, and development of design and costings, into the replacement of the Centennial Gardens Pond.

 

 

Maori Consultative Committee's Recommendation L Ratima / G Reti That the Council resolve that the Committee’s recommendation be adopted. CARRIED

Committee's Recommendation Councillors Jeffery / Brosnan That Council note for information that the project will proceed to a Design stage, when there will be a better understanding of the costs and timeframes for the project.  If acceptable, construction could start in April 2017. CARRIED

5.     NRB Survey

Type of Report:	Information
Legal Reference:	N/A
Document ID:	310244
Reporting Officer/s & Unit:	Elaine  Cooper, Corporate Business Analyst

 

5.1   Purpose of Report

To advise Council on the results of the NRB Survey carried out in 2016.

 

 

Maori Consultative Committee's Recommendation L Ratima / G Reti That the Council resolve that the Committee’s recommendation be adopted. CARRIED

Committee's Recommendation Councillors Jeffery / Herbert That the information be received. CARRIED

 

1.     Marine Parade Realignment

Type of Report:	Operational
Legal Reference:	N/A
Document ID:	300679
Reporting Officer/s & Unit:	Fleur  Lincoln, Resource Consents Planner (Heritage) Georgina King, Senior Landscape Architect

 

1.1   Purpose of Report

To obtain Council approval to commence the detailed design and construction phase of the Marine Parade Realignment project, and to approve funding for the proposed roundabout.

 

Maori Consultative Committee's Recommendation T Aranui / G Reti That the Council resolve that the Committee’s recommendation be adopted. CARRIED

Committee's Recommendation Councillors Price / White a.  That the Marine Parade realignment project be furthered to the detailed design and implementation stages. b.  That the proposed roundabout at the intersection of Marine Parade and Vautier Street be funded through a Rates Loan. c.  That the construction of the proposed roundabout be timed to commence from March 2017. d.  That the Council acknowledges the concerns raised by the Ahuriri Business Association and will meet with New Zealand Transport Authority before work on the Marine Parade begins in March 2017.  Council will strongly urge them to implement safety measures on heavy traffic areas in Ahuriri. CARRIED

2.     Class 4 Gambling Policy

Type of Report:	Legal
Legal Reference:	Gambling Act 2003
Document ID:	301747
Reporting Officer/s & Unit:	Kim Anstey, Planner Policy/Analyst

 

2.1   Purpose of Report

To advise Council that the Class 4 Gambling and TAB venue policy is due for its statutory, three year review.

 

At the Maori Consultative Committee meeting T Aranui, spoke of the need change the way that things are, and he commented that  New Zealand is very good at leading the way in this, with the example of giving women the vote.

Maori Consultative Committee's Recommendation T Aranui / G Reti That the Council resolve that the Committee’s recommendation be adopted. CARRIED

Committee's Recommendation Councillors White / Taylor That officers begin a review of this policy and report back to Council with recommendations for policy options. CARRIED

3.     William Colenso and John Close Bequest Funds

Type of Report:	Operational
Legal Reference:	N/A
Document ID:	302328
Reporting Officer/s & Unit:	Belinda  McLeod, Admin Team Leader (Community Development)

 

3.1   Purpose of Report

To request Council to approve the distribution recommendations for the William Colenso and John Close Bequests, for the next three years (2016 to 2020).

 

 

Maori Consultative Committee's Recommendation T Aranui / G Reti That the Council resolve that the Committee’s recommendation be adopted. CARRIED

Committee's Recommendation Councillors Boag / Wise a.     That the surplus funds to be allocated as follows.   William Colenso Bequest John Close Bequest Secondary Schools (8 book prizes of $100 each) $800 Community Christmas lunch $400 Life Restoration Trust $200 St Vincent de Paul Napier (firewood) $674 Total $1,000 Total $1,074   b.     Any further grants are suspended to Christmas Cheer and to the Napier Community Food bank for the next three years to rebuild the capital.   CARRIED

4.     Freedom Camping Bylaw Review

Type of Report:	Legal
Legal Reference:	Local Government Act 2002
Document ID:	306483
Reporting Officer/s & Unit:	Kim Anstey, Planner Policy/Analyst

 

4.1   Purpose of Report

To seek Council approval of the draft Napier City Freedom Camping Bylaw 2016, the accompanying Statement of Proposal and to authorise officers to commence the special consultative procedure.

 

 

At the Maori Consultative Committee meeting The Mayor spoke of how the Government put the law in place and Councils now needed to make it work.

Maori Consultative Committee's Recommendation T Aranui / G Reti That the Council resolve that the Committee’s recommendation be adopted. CARRIED

Committee's Recommendation Mayor / Councillor Hamilton a.     That Council confirm the review of the Napier City Freedom Camping Bylaw 2014 and approve the draft Napier City Freedom Camping Bylaw 2016 and Statement of Proposal. b.     That officers be authorised to proceed with public notification and the special consultative procedure as prescribed in the Local Government Act 2002. c.     That officers continue working on a freedom camping strategy which will include site specific assessments of Council owned or managed areas to determine their suitability to accommodate freedom campers. d.     That a DECISION OF COUNCIL is required urgently to enable the Statement of Proposal to be circulated as soon as possible. This will require the following resolution to be passed before the decision of Council is taken: That, in terms of Section 82 (3) of the Local Government Act 2002, that the principles set out in that section have been observed in such manner that the Napier City Council considers, in its discretion, is appropriate to make decisions on the recommendation.    CARRIED

 

 

 

Decision of Council Councillors Price / White That, in terms of Section 82 (3) of the Local Government Act 2002, that the principles set out in that section have been observed in such manner that the Napier City Council considers, in its discretion, is appropriate to make decisions on the recommendation. CARRIED

 

Council Resolution

Councillors Herbert / Hamilton a.   That Council confirm the review of the Napier City Freedom Camping Bylaw 2014 and approve the draft Napier City Freedom Camping Bylaw 2016 and Statement of Proposal. b.   That officers be authorised to proceed with public notification and the special consultative procedure as prescribed in the Local Government Act 2002. c.   That officers continue working on a freedom camping strategy which will include site specific assessments of Council owned or managed areas to determine their suitability to accommodate freedom campers CARRIED

5.     Christmas Arts Market

Type of Report:	Legal
Legal Reference:	Local Government Act 2002
Document ID:	307165
Reporting Officer/s & Unit:	Fleur  Lincoln, Resource Consents Planner (Heritage)

 

5.1   Purpose of Report

To gain approval from Council to trade in a public place within an area prohibited by the Trading in Public Places Bylaw 2014.

 

 

At the Maori Consultative Committee meeting The Mayor spoke of how this was to make Napier a vibrant and interesting place to visit.

Maori Consultative Committee's Recommendation T Aranui / G Reti That the Council resolve that the Committee’s recommendation be adopted. CARRIED

Committee's Recommendation Councillors Wise / White That Council resolve to permit the Christmas Arts Market to occupy Market Street between the hours of 9.30am and 1.00pm (with associated pack in and pack down time) on the 26 November 2016, subject to the obtaining of all required permits and licences. CARRIED

 

1.     Requests for Official Information

Type of Report:	Information
Legal Reference:	Local Government Official Information and Meetings Act 1987
Document ID:	312286
Reporting Officer/s & Unit:	Wayne  Jack, Chief Executive

 

1.1   Purpose of Report

To report on written requests for official information received since the Council Meeting held 10 August 2016.

 

Officer’s Recommendation That the requests for official information be received.

 

MAYOR’S RECOMMENDATION That the officer’s recommendation be adopted.

 

1.2   Attachments

a     Requests for Official Information ⇩   

2.     Liquor Licences

Type of Report:	Information
Legal Reference:	Sale and Supply of Alcohol Act 2012
Document ID:	312287
Reporting Officer/s & Unit:	Richard  Munneke, Director City Strategy

 

2.1   Purpose of Report

To report on the Liquor Licences issued under delegated authority for August 2016, see Attachment A.

 

Officer’s Recommendation That the report be received.

 

MAYOR’S RECOMMENDATION That the officer’s recommendation be adopted.

 

2.2   Attachments

a     Liquor Licences August 2016 ⇩   

3.     Resource Consents

Type of Report:	Information
Legal Reference:	Resource Management Act 1991
Document ID:	312288
Reporting Officer/s & Unit:	Paul O'Shaughnessy, Senior Resource Consent Planner

 

3.1   Purpose of Report

To present the report on Resource Consents issued under delegated authority for August 2016.

 

Officer’s Recommendation That the report be received.

 

MAYOR’S RECOMMENDATION That the officer’s recommendation be adopted.

 

3.2   Attachments

a     August 2016 Resource Consents ⇩   

4.     Tenders Let

Type of Report:	Information
Legal Reference:	Local Government Act 2002
Document ID:	312289
Reporting Officer/s & Unit:	Jon  Kingsford, Director Infrastructure Services

 

4.1   Purpose of Report

To report on Tenders let under delegated authority from 30 July 2016 to 14 September 2016, see Attachment A.

 

Officer’s Recommendation That the report be received.

 

MAYOR’S RECOMMENDATION That the officer’s recommendation be adopted.

 

4.2   Attachments

a     Tenders Let ⇩   

5.     Schedule of Documents Executed Under Seal

Type of Report:	Operational
Legal Reference:	N/A
Document ID:	312290
Reporting Officer/s & Unit:	Wayne  Jack, Chief Executive

 

5.1   Purpose of Report

To report of documents executed under seal, from 2 August 2016 to 16 September2016.

 

Officer’s Recommendation That the report be received.

 

MAYOR’S RECOMMENDATION That the officer’s recommendation be adopted.

 

5.2   Attachments

a     Schedule of Documents under seal ⇩   

  

PUBLIC EXCLUDED ITEMS

 

That the public be excluded from the following parts of the proceedings of this meeting, namely:

 

New Reports

1.      Land Purchases

Reports from Finance Committee held 7 September 2016

1.      Property Purchase

Reports from Audit and Risk Committee held 8 September 2016

1.      Draft Annual Report

2.      War Memorial Project Report

3.      Napier City Council Investment and Debt Report

4.      Water -  Background Information

5.      Water Risk Review

6.      Napier City Council Internal Audit

7.      Internal Audit - Approach to Audit Delivery

 

The general subject of each matter to be considered while the public was excluded, the reasons 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 were as follows:

 

GENERAL SUBJECT OF EACH MATTER TO BE CONSIDERED	REASON FOR PASSING THIS RESOLUTION IN RELATION TO EACH MATTER That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information where the withholding of the information is necessary to:	GROUND(S) UNDER SECTION 48(1) TO THE PASSING OF THIS RESOLUTION 48(1)(a) That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist:
New Reports
1.  Land Purchases	7(2)(i) Enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)	48(1)A That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist: (i) Where the local authority is named or specified in Schedule 1 of this Act, under Section 6 or 7  (except 7(2)(f)(i)) of the Local Government Official Information and Meetings Act 1987.
Reports from Finance Committee held 7 September 2016
1.  Property Purchase	7(2)(i) Enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)	48(1)A That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist: (i) Where the local authority is named or specified in Schedule 1 of this Act, under Section 6 or 7  (except 7(2)(f)(i)) of the Local Government Official Information and Meetings Act 1987.
Reports from Audit and Risk Committee held 8 September 2016
1.  Draft Annual Report	7(2)(c)(i) Protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to prejudice the supply of similar information or information from the same source and it is in the public interest that such information should continue to be supplied 7(2)(c)(ii) Protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to damage the public interest	48(1)A That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist: (i) Where the local authority is named or specified in Schedule 1 of this Act, under Section 6 or 7  (except 7(2)(f)(i)) of the Local Government Official Information and Meetings Act 1987.
2.  War Memorial Project Report	7(2)(h) Enable the local authority to carry out, without prejudice or disadvantage, commercial activities	48(1)A That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist: (i) Where the local authority is named or specified in Schedule 1 of this Act, under Section 6 or 7  (except 7(2)(f)(i)) of the Local Government Official Information and Meetings Act 1987.
3.  Napier City Council Investment and Debt Report	7(2)(b)(ii) 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	48(1)A That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist: (i) Where the local authority is named or specified in Schedule 1 of this Act, under Section 6 or 7  (except 7(2)(f)(i)) of the Local Government Official Information and Meetings Act 1987.
4.  Water -  Background Information	7(2)(c)(ii) Protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to damage the public interest	48(1)A That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist: (i) Where the local authority is named or specified in Schedule 1 of this Act, under Section 6 or 7  (except 7(2)(f)(i)) of the Local Government Official Information and Meetings Act 1987.
5.  Water Risk Review	7(2)(c)(ii) Protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to damage the public interest	48(1)A That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist: (i) Where the local authority is named or specified in Schedule 1 of this Act, under Section 6 or 7  (except 7(2)(f)(i)) of the Local Government Official Information and Meetings Act 1987.
6.  Napier City Council Internal Audit	7(2)(a) Protect the privacy of natural persons, including that of a deceased person	48(1)A That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist: (i) Where the local authority is named or specified in Schedule 1 of this Act, under Section 6 or 7  (except 7(2)(f)(i)) of the Local Government Official Information and Meetings Act 1987.
7.  Internal Audit - Approach to Audit Delivery	7(2)(b)(ii) 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	48(1)A That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist: (i) Where the local authority is named or specified in Schedule 1 of this Act, under Section 6 or 7  (except 7(2)(f)(i)) of the Local Government Official Information and Meetings Act 1987.