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 5 April 2017

Time:

3pm

Venue:

Main Committee Room
3rd Floor Civic Building
231 Hastings Street
Napier

 

 

Council Members

Councillor Wise (in the Chair), Councillors Boag, Brosnan, Dallimore, Hague, Jeffery, McGrath, Price, Tapine, Taylor, and Wright

Officer Responsible

Chief Executive

Administrator

Governance Team

 

 

Next Council Meeting

Wednesday 17 May 2017


Ordinary Meeting of Council05 April 2017 Open Agenda

ORDER OF BUSINESS

Apologies

Mayor Bill Dalton, Cr Faye White

CONFLICTS OF INTEREST

 

Public forum

 

Announcements by the Mayor

 

Announcements by the Management

 

Confirmation of Minutes

That the Draft Minutes of the Ordinary Meeting of Council held on Wednesday, 22 February 2017 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            Financial Forecast to 30 June 2017...................................................................................... 4

2            Local Governance Statement 2016-2019............................................................................ 18 

Reports / Recommendations from the Standing Committees

Reports from Maori Consultative Committee held 29 March 2017............................................. 21

1          Opportunities for the role of the Maori Consultative Committee........................................... 21

Reports from Strategy and Infrastructure Committee held 8 March 2017

1            Road Stopping – Portion of Rogers Road........................................................................... 25

Reports from Regulatory Committee held 8 March 2017

1            Gambling Venues Policy Review......................................................................................... 30

2            Establishment of a Freedom Camping Working Group and Draft Terms of Reference..... 31

3            Annual Dog Control Report 2015/16................................................................................... 33

Reports from Audit and Risk Committee held 16 March 2017

1.............. CAMMS Project Plan Update............................................................................................ 34

2.............. Audit Arrangements for the year ending 30 June 2017.................................................... 35

Reports from Finance Committee held 22 March 2017

1        Hawke's Bay Airport Limited - Statement of Intent................................................................... 36

2        Hawke's Bay Airport Limited Half Yearly Report ..................................................................... 38

3        Business Hawke's Bay Report ................................................................................................ 39

4        Hawke's Bay Museums Trust - Half yearly report to 31 December 2016................................ 40

5        HB Museums Trust Statement of Intent 2017 - 19................................................................... 41

6        HB LASS Limited - Half Yearly Report..................................................................................... 42

7        Seismic Assessments of Council Buildings ............................................................................. 43

Reports from Community Services Committee held 22 March 2017

1        Joint Alcohol Strategy Review - Public feedback..................................................................... 44

Reports from Finance Committee held 29 March 2017

1        Review of Fees & Charges 2017/18......................................................................................... 46

2        Annual Plan 2017/18................................................................................................................ 47

Reports Under Delegated Authority

1        Schedule of Documents Under Seal........................................................................................ 49

2        Resource Consent.................................................................................................................... 50

3        Tenders Let............................................................................................................................... 53

4        Liquor Licenses......................................................................................................................... 54

5        Requests for official information............................................................................................... 56

Public Excluded ........................................................................................................................ 61

 

Minutes of Council meeting 22 February 2017.................................................................................. 65 ...................................................................................................................................... ...................................................................................................................................... ......................................................................................................................................


Ordinary Meeting of Council05 April 2017 Open Agenda

New Reports

1.      Financial Forecast to 30 June 2017

Type of Report:

Information

Legal Reference:

N/A

Document ID:

344793

Reporting Officer/s & Unit:

Mary  Quinn, Senior Management Accountant

Caroline Thomson, Chief Financial Officer

 

1.1     Purpose of Report

To report to Council the financial forecast to the 30 June 2017 for the whole of Council.

 

Officer’s Recommendation

That Council:

a.       Receive the financial forecast to 30 June 2017

b.       Approve $1.8M from the Ahuriri Water Sport Facility budget planned for 2017/18 being brought forward to 2016/17, to fund the purchase of land at Humber Street, identified for event parking overflow and recreation.

c.       Approve $350k from the Taradale Stormwater Upgrade budget planned for 2017/18 being brought forward to 2016/17 due to a timing variance in planned spend for the project.

 

 

MAYOR’S RECOMMENDATION

That the Council resolve that the officer’s recommendation be adopted.

 

1.2     Background Summary

The purpose of this report is to provide a financial forecast for Council’s operating and capital expenditure to 30 June 2017. The operating and capital forecasts are based on actual expenditure January year to date, plus estimated remaining spend for the 2016/17 financial year. Attachment A provides analysis of the variations between the Annual Plan 2016/17 and financial forecast for 2016/17 for both capital and operational items.

 

Net operating expenditure

The operational forecast shows forecast net expenditure of $7.9m at 30 June 2017 and is in line with budget of $7.6m (see Attachment A).

 

 

 

Capital plan

Officers have reviewed the timing of the capital programme and this has resulted in a number of projects being reprioritised. The capital plan for 2016/17 (including vested assets) is forecast at $42.4m compared to budget of $61.6m (see Attachment A). The key movements between 2016/17 and 2017/18 in the forecast capital plan are set out below:

 

·         Watchman Road project bulk funding of $1.2m moved to 2017/18

·         Transportation planned expenditure of $2.3m (relating to the Essential Services review) moved to 2017/18

·         Multi-use Sports Facility budget of $1.8m moved to 2017/18 (subject to Council approval)

·         Destination Playground and Anderson Park planned expenditure of $2.2m moved to 2017/18 due to project timing

·         Planned capital spend of $1.8m for parking development moved to 2017/18

·         Civic building upgrade budget of $3.6m now planned for 2017/18

 

1.3     Issues

The proposed capital plan for the 2017/18 Annual Plan will include capital projects that have transferred from 2016/17.

 

1.4     Significance and Consultation

The issues for discussion are not significant in terms of Council’s Significance and Engagement Policy and no consultation is required.

 

1.5     Implications

Financial

Attachment B includes a summary schedule by activity group, and shows the net movement in the funding source for both operating and capital expenditure.

 

Attachment C sets out all rate funded and non-rate funded movements. The main reason for the forecast reduction in funding required for 2016/17 is due to moving capital projects out to future years.

Due to the timing variance in planned capital spend, Officers are recommending that $1.8m from the Ahuriri Water Sport Facility budget planned for 2017/18 is brought forward to 2016/17 to fund the purchase of land at Humber Street identified for event parking overflow and recreation.

Further, it is recommended that $350k from the Taradale Stormwater Upgrade budget for 2017/18 year is brought forward to 2016/17.

Social & Policy

N/A

Risk

Officers have undertaken a risk assessment on project timing. It was assessed that there is no change in risk as a result of these project movements.  Officers will continue to monitor and identify any variance to the capital work programme and will report to management on a monthly basis.

1.6     Options

The options available to Council are as follows:

1.    Council can receive the financial forecast to 30 June 2017.

2.    Council can approve recommendation B to bring forward the budget of $1.8m for the Ahuriri Water Sport Facility from 2017/18 to 2016/17.

3.    Council can approve recommendation C to bring forward the budget of $350k for the Taradale Stormwater Upgrade from 2017/18 to 2016/17.

1.7     Development of Preferred Option

The preferred option is that Council receive the financial forecast to 30 June 2017 and that Council approve both recommendations B and C.

 

1.8     Attachments

a       Financial forecast to 30 June 2017

b       Funding source by activity group

c       Summary of rate funded and non-rate funded movements   


Ordinary Meeting of Council05 April 2017 Open Agenda


 


 


 


 


 


 


 


 


Ordinary Meeting of Council05 April 2017 Open Agenda


Ordinary Meeting of Council05 April 2017 Open Agenda


Ordinary Meeting of Council05 April 2017 Open Agenda

2.      Local Governance Statement 2016-2019

Type of Report:

Legal

Legal Reference:

Local Government Act 2002

Document ID:

346465

Reporting Officer/s & Unit:

Deborah Smith, Governance Advisor

 

2.1     Purpose of Report

To provide Council with the Local Governance Statement 2016-2019, to be adopted by 8 April 2017 as per the Local Government Act 2002.

 

Officer’s Recommendation

That Council:

a.       Adopt the Local Governance Statement 2016-2019; and

b.       Approve the updates made to the Governance Structure (appended to the Local Governance Statement), in particular the

i.        Terms of Reference for the Hawke’s Bay Civil Defence Emergency Management Joint Committee

ii.       Terms of Reference for the Regional Transport Committee.

 

 

MAYOR’S RECOMMENDATION

That the Council resolve that the officer’s recommendation be adopted.

 

2.2     Background Summary

 

A Local Governance Statement is intended to be an overarching document that provides key information to the public relating to how the Council is governed and managed.  Specifically, the document should include information on:

 

·         the functions, responsibilities, and activities of council

·         any local legislation that confers powers on council

·         Council’s bylaws

·         the electoral system that the council uses and the opportunity to change it

·         representation arrangements, including the option of establishing Maori wards or constituencies, and the opportunity to change them

·         members' roles and conduct (with specific reference to the applicable statutory requirements and code of conduct)

·         governance structures and processes, membership, and delegations

·         meeting processes, with specific reference to the applicable provisions of the Local Government Official Information and Meetings Act 1987 and standing orders

·         consultation policies

·         policies for liaising with, and memoranda or agreements with, Maori

·         the management structure and the relationship between management and elected members

·         the remuneration and employment policy, if adopted

·         the equal employment opportunities policy

·         key approved planning and policy documents and the process for their development and review

·         systems for public access to it and its elected members

·         processes for requests for official information.

 

Section 40 of the Local Government Act 2002 requires councils to adopt a Local Governance Statement within six months of a triennial election. This means that Council must adopt a Statement by 8 April 2017. The adopted Statement may then be updated at any stage during the triennium as is considered appropriate to keep it complete, accurate and relevant.

 

2.3     Issues

A significant amount of work has gone into the updated Local Governance Statement (shown at Attachment A), to ensure that it is an appealing and comprehensive document that the public can use to:

·         learn about the fundamentals of how Council is structured and how it operates at a governance level,

·         get to know the elected members and executive team and what their various responsibilities are,

·         learn how they can best contact and interact with Council, and

·         understand how they can have their say on how elections are run, how they are represented, and what work they think is most important for Council to undertake on their behalf.

 

The Statement meets its requirements under the Local Government Act and is substantially more accurate and complete in the information it contains; it must be reviewed at least every three years and it is anticipated that this document will now form a useful foundation for future versions.

 

The Governance Structure adopted by Council on 14 December 2016, has been placed as an appendix to the Statement. It has had some minor updates including:

·         updating any new appointments such as appointments to the Creative Communities committee

·         addition of a list of Joint committees and Terms of References.

·         addition of Council Organisations.

 

The Terms of Reference for other Joint Committees such as for the Coastal Hazards Strategy, Heretaunga Plains Urban Development Strategy and Waste Futures are currently under review and will be submitted to Council shortly, and at that time the Governance Statement will be further updated.  This ensures all relevant governance information is easily located in one place. 

 

The Council recognises the need to improve public accessibility to governance-related information and provide a greater level of transparency over Council’s governance arrangements.  One way to achieve this is through a review of governance-related information on the Council’s website.  The Governance Team has already been able to improve the website pages on meetings.  A new, streamlined page which lists meetings and the associated papers including agendas, attachments and minutes has been developed.  There is also a useful search function for the public to use.  This will be made live to the public shortly. 

 

2.4     Significance and Consultation

As the document is a statement of existing operations, consultation is not required for its adoption.

 

The Local Governance Statement is required to include information on ways the public can provide feedback to Council, and so is an important advisory tool for the public on the ‘basics’ of Council’s consultation practices.

 

2.5     Implications

Financial

None

Social & Policy

None

Risk

None

2.6     Options

Section 40 of the Local Government Act 2002 requires that Council adopt a Local Governance Statement within six months of a triennial election; that is by 8 April 2017.

 

2.7     Development of Preferred Option

A Local Governance Statement must be adopted by Council within six months of a triennial election, under the requirements of the Local Governance Act 2002.

 

 

2.8     Attachments

a       Local Governance Statement (Under Separate Cover)     


Maori Consultative Committee29 March 2017 Open Agenda

 

REPORT / RECOMMENDATIONS FROM THE STANDING COMMITTEES

 

 

REPORTS FROM MĀORI CONSULTATIVE COMMITTEE MEETING 

HELD 29 March 2017

 

MĀORI CONSULTATIVE COMMITTEE RECOMMENDATION

That the Māori Consultative Committee recommendations be adopted.

 

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

 

1.      Opportunities for the role of the MĀori Consultative Committee

Type of Report:

Information

Legal Reference:

N/A

Document ID:

338316

Reporting Officer/s & Unit:

Jane McLoughlin, Team Leader Governance

 

1.1     Purpose of Report

To outline that Napier City Council’s will review the Terms of Reference of the Māori Consultative Committee.  

 

At the Māori Consultative Committee meeting

In a discussion on the Terms of Reference, the following points were made:

·         the representatives of the committee should represent Māori interests in general, not solely organisations they may be part of.  Therefore, reference to organisations will be removed from the Terms of Reference. 

·         the Committee should provide a genuine avenue for the members to put forward issues that Māori consider important and to be able to seek resolution of these issues.  An example was provided where an issue had been raised at the Māori Consultative Committee over two years ago regarding the timing of burials, but no satisfactory resolution had been forthcoming.  This issue was raised again, namely, that due to Council’s business hours for the cemetery, this sometimes resulted in a deceased person not being able to be buried for several days, and the body would be kept on a Marae until it could be buried.  This presented an affordability issue for Māori. 

·         in response to the issue of burials, the Mayor advised that Council will look into this and report back at the next Māori Committee meeting. 

·         the review of the Terms of Reference provides an opportunity to reassess who the key stakeholders in the Māori community are and how to feed that back to Council, and to ensure there are robust measures so engagement is effective and genuine.

·         there was agreement that the Māori Consultative Committee members should set aside some time outside of the meeting to discuss and share ideas for developing the Terms of Reference and to ensure it has solid principles for the future. 

 

 

 

·         The current Terms of Reference should be amended to reflect hat the committee feeds into the decision-making process of council decisions, rather than a focus on stating that the committee does not have any decision-making powers. 

 

ACTION: Officials to consider the burial issue raised and report back to the next Māori Consultative Committee meeting. 

 

MĀori Consultative Committee's Recommendation

Councillor Tapine / Mayor

That the report titled Opportunities for the role of the Māori Consultative Committee be received. 

That the Māori Consultative Committee members review the Terms of Reference and bring suggested changes to the Terms of Reference back to Napier City Council officials. 

That the suggested changes to the Terms of Reference today, namely, the removal of organisations represented by Committee members, and the change from no decision making powers to a focus that the committee feeds into the decision-making process of council decisions, be noted and incorporated into any further changes made by the Māori Consultative Committee members. 

CARRIED

Officer’s Recommendation

That the report titled Opportunities for the role of the Māori Consultative Committee be received. 

 

CHAIRPERSON’S RECOMMENDATION

That the Council resolve that the officer’s recommendation be adopted.

 

1.2     Background Summary

In the spirit of the principles of partnership, participation and protection outlined in the Treaty of Waitangi and in accordance with legislative requirements outlined in the Local Government Act 2002, in particular, Part 6, Section 82, Napier City Council wishes to further improve the way it engages with Māori including through the use of the Māori Consultative Committee. 

 

Working in partnership with Māori and developing meaningful relationships is important to the Council.

 

In order to make best use of the time of the Māori Consultative Committee, Napier City Council intends to review the Terms of Reference of the Committee. The Terms of Reference was adopted by Council at 14 December 2016 and can be reviewed at any point during the triennium. 

 

The Council suggests a sharing of ideas at the inaugural meeting of the Māori Consultative Committee on 15 February 2017 on:

·         how members can be engaged early on in the development of projects and plans

·         what kind of governance topics are of particular interest to members, and

·         opportunities for the future.   

 

These ideas will be used to assist in a review of the role of the Māori Consultative Committee. 

1.3     Issues

None

1.4     Significance and Consultation

None

1.5     Implications

Financial

None

Social & Policy

None

Risk

None

 

1.6     Attachments

a       Terms of Reference   


Ordinary Meeting of Council05 April 2017 Open Agenda

 


Ordinary Meeting of Council05 April 2017 Open Agenda

Reports from STRATEGY AND INFRASTRUCTURE Committee
held 8 March 2017

 

1.      Road Stopping - Portion of Rogers Road

Type of Report:

Legal

Legal Reference:

Public Works Act 1981

Document ID:

339644

Reporting Officer/s & Unit:

Bryan  Faulknor, Manager Property 

 

1.1     Purpose of Report

To seek Council’s approval to stop approximately 70 m2 of legal road fronting 107 Rogers Road, Napier, and sell the stopped road to the adjoining landowners.                    

 

MĀori Consultative Committee's Recommendation

Mayor / Councillor Tapine

That the Council resolve that the Committee’s recommendation be adopted.

CARRIED

Committee's Recommendation

Councillors Brosnan / Jeffery

That Council, in accordance with the provisions of Section 116 of the Public Works Act 1981, resolves to stop the road described in the Schedule hereto, and in accordance with the provisions of Section 117 of the Public Works Act 1981 to vest the stopped road to the owners of the adjoining land contained in CFR 95876.

     SCHEDULE

Hawke’s Bay Land District – Napier City

 

Area

Road

Adjoining Land (CFR)

0.0070ha

Section 1 SO Plan 478237

95876

 

CARRIED

 

1.2     Background Summary

The current owners purchased the lot that became 107 Rogers Road and employed a designer to prepare plans for their new house. Unfortunately, the designer misunderstood the boundary information and placed the new house within one metre of the road boundary. The section encroaches into the current legal turning head at the end of Rogers Road.

 

The owners and Council have entered into an Agreement whereby the Council has agreed to stop the part of the road on which the section is located and sell that part of the road to the owners. The stopped road will then be amalgamated with the owner’s existing land.

Concurrently with this, the Council has obtained replacement land on the other side of the turning head, which will be vested as part of a subdivision. This means that the turning arc will remain the same size as present, but will be slightly relocated.

 

The road stopping effects no party other than the adjoining owners. The land immediately adjacent to the landowners is a public walkway.

 

1.3     Issues

There are no issues.

1.4     Significance and Consultation

There has been considerable consultation with the owners of the adjoining land as well as the landowner opposite to reach a satisfactory conclusion on this matter. There are no other parties involved.

1.5     Implications

Financial

The landowners are purchasing the property at valuation which ensures it is a fair market rate.   The owner of the land across the road has made the re-alignment possible through the subdivision process.  No payment from Napier City Council is required and the land is to be vested in Napier City Council.  There are no further budgetary implications. 

Social & Policy

Not applicable.

Risk

Not applicable.

1.6     Options

The options available to Council are as follows:

To approve the road stopping in accordance with the provisions of Section 116 of the Public Works Act 1981, and to vest the stopped road to the owners of the adjoining land being that land contained in CFR 95876.

1.7     Development of Preferred Option

The stopping of the road and sale to the adjoining owners, along with the relocation of the turning head, provides the only sensible solution to legalise the current situation.

 

1.8     Attachments

a     107 Roger Road - SO Plan    

 

 

 

 

 

 

 

 

 

 

 

Reports from Regulatory Committee
held 8 March 2017

 

1.      Gambling Venues Policy Review

Type of Report:

Legal

Legal Reference:

Gambling Act 2003

Document ID:

338322

Reporting Officer/s & Unit:

Kim Anstey, Planner Policy/Analyst

 

1.1     Purpose of Report

For Council to adopt the Statement of Proposal for the draft Gambling Venues Policy to enable public consultation to commence.

 

At the Māori Consultative Committee meeting

The Mayor advised that the review of the policy was a requirement and the Regulatory Committee had ensured there were no increases to gambling venues and in particular, a restriction on gambling places in particular areas in which people are living in hardship.  

 

MĀori Consultative Committee's Recommendation

Councillor Tapine / Mayor

That the Council resolve that the Committee’s recommendation be adopted.

CARRIED

 

Committee's Recommendation

Councillors White / Wright

That Council approve the draft Gambling Venues Policy and Statement of Proposal and authorise officers to proceed with public notification through the special consultative procedure as prescribed in section 83 of the Local Government Act 2002.

CARRIED

 


Ordinary Meeting of Council05 April 2017 Open Agenda

2.      Establishment of a Freedom Camping Working Group and Draft Terms of Reference

Type of Report:

Operational

Legal Reference:

N/A

Document ID:

339045

Reporting Officer/s & Unit:

Paulina Wilhelm, Manager City Development

Kim Anstey, Planner Policy/Analyst

 

2.1     Purpose of Report

To provide Council with a draft Project Plan and Terms of Reference for a Freedom Camping Working Group, in order that Council may agree on the composition of the Working Group, including the appointment of a Chair, Council and community representatives.

 

At the Meeting

In response to questions from Councillors, it was clarified that:

·         the working party is intended to work collectively to bring advice back to Council (so it is not a voting body).

·         the working party would be able to task council officers to undertake particular research, to contact and draw on the knowledge and skills on those outside the working party, and to speak to other interested groups or organisations.

·         while it would be ideal to have a representative on the working party from non-self-contained vehicles, by their very nature, they are itinerant and there may be other ways to obtain their feedback. It was noted that the Nelson Park ward includes the non-self-contained freedom camping and Cr Tapine is on the working party.

·         the working party structure was based on the Taupo model with some adjustments to recognise the particular local needs.

·         in the final structure of the working party there will be no distinction between those who have been invited and those who have been appointed to the working party.

·         the working party will have a broad enough mandate to look at new and different practices as they see fit.  

·         the intention of the working party is to draw on, and represent views from, the whole of Napier including those residents not on the working party or in coastal areas. To this end, the Chair has recommended that the Chair of the Taradale Development Association (Mr Bob Morrison) and the Secretary of the Westshore Residents and Development Association (Mrs Dorothy Pilkington) be invited to participate on the working party, subject to the approval of their Associations.

Some discussion took place on whether the draft Terms of Reference should be adopted at the meeting, but it was decided that the working party should have the opportunity to amend it as necessary and then bring it back to Council for adoption.  

It was generally agreed that included in the guiding principles for the working party (as outlined in the draft Terms of Reference), should be the expectation that the needs of local residents are given priority.  Based on the discussion around this matter, the Chair elected to add a further part to his recommendation.

 

 

 

 

At the Māori Consultative Committee meeting

The Mayor advised that regulating freedom camping is an issue that every council in New Zealand is facing and expressed how difficult it can be to enforce rules in this area.  

 

MĀori Consultative Committee's Recommendation

T Aranui /Mayor

That the Council resolve that the Committee’s recommendation be adopted.

CARRIED

Councillor Tapine abstained from the vote as he is a member of the working group. 

 

Committee's Recommendation

Councillors Dallimore / Taylor

a.   That the Council resolve that the Officer’s Recommendation be adopted:That Council establish a Freedom Camping Working Group composed of key stakeholders, Councillors and Council officers to consider freedom camping issues and to report back to Council with recommendations on potential solutions; and

 

b.   That Council invites and appoints the following community representatives to the Working Group:

 

·         President of the Taradale Development Association to represent general residents; and

·         Secretary of the Westshore Resident and Development Association to represent coastal residents; and     

 

c.  That Council appoint Councillor Hague (as Chair) and Councillor Tapine to the Working Group.

 

d.  That the third guiding principle outlined in the draft Terms of Reference be expanded to read  develop guiding principles on how freedom camping should be managed whilst minimising impact on the residents of Napier.  

CARRIED

 


Ordinary Meeting of Council05 April 2017 Open Agenda

3.      Annual Dog Control Report 2015/16

Type of Report:

Legal

Legal Reference:

Dog Control Act  1996

Document ID:

334560

Reporting Officer/s & Unit:

Hayleigh  Brereton, Manager Regulatory Solutions 

 

3.1     Purpose of Report

To present the territorial authority report on dog control policies and practices for the dog control registration year 1 July 2015 – 30 June 2016, for adoption by Council as required under Section 10A of the Dog Control Act 1996, prior to being submitted to the Secretary for Local Government and being made publically available.

 

At the Meeting

An updated report was tabled due to a couple of small errors identified in the report.   

In response to questions from Councillors, it was clarified that:

·         the procedural change utilised by Napier City Council was not a nation-wide programme, but a pro-active approach developed by Napier with the intention of encouraging good behaviours and helping residents of Napier become good dog owners. 

·         while Napier City Council does not have the regulatory ability to stop people breeding or owning breed types classified as menacing, recent funding has been received for a programme called Operation Underdog, which offers free neutering for menacing breed types and encouraging people to take this up on their own accord.

·         the increase in menacing dogs is proportional to the greater numbers of dogs being registered.

·         the noted significant decreases in complaint numbers across a variety of dog-related issues, suggests that the change in procedure is working, however it was reiterated that ultimately the purpose of animal control is compliance. 

·         Council intends to continue requesting feedback from the public on all its activities including animal control.  

The Mayor extended congratulations to all staff involved in the recent handling of the dog pound matter from the chief executive to animal control officers.

 

MĀori Consultative Committee's Recommendation

Councillor Tapine / T Aranui

That the Council resolve that the Committee’s recommendation be adopted.

CARRIED

 

Committee's Recommendation

Councillors Wright / Taylor

That the Napier City Council Annual Dog Control Report 2015/16 be adopted by Council, submitted to the Secretary for Local Government, and published in accordance with the Dog Control Act 1996. 

CARRIED


Ordinary Meeting of Council05 April 2017 Open Agenda

Reports from Audit and Risk Committee
held 16 March 2017

 

1.      CAMMS Project Plan Update

Type of Report:

Information

Legal Reference:

N/A

Document ID:

340078

Reporting Officer/s & Unit:

Caroline Thomson, Chief Financial Officer

 

1.1     Purpose of Report

To update the Committee on the CAMMS project plan.

 

 

At the Meeting

The Director Corporate Services spoke to the report, noting:

·         SLT will be the approval body for each module in turn.

·         The project has already been identified as a high priority by SLT with regards to staff resourcing; it is expected that allocating time early to staff training and implementation of the CAMMS tool will underpin and benefit other ensuing projects.

 

Committee's Recommendation

Councillors Wise / Hague

That the report titled CAMMS Project Plan Update be received

 

CARRIED

 


Ordinary Meeting of Council05 April 2017 Open Agenda

2.      Audit Arrangements for the year ending 30 June 2017

Type of Report:

Enter Significance of Report

Legal Reference:

Enter Legal Reference

Document ID:

343955

Reporting Officer/s & Unit:

Caroline Thomson, Chief Financial Officer

 

2.1     Purpose of Report

To outline the audit arrangements for the audit of the Napier City Council for the year ending 30 June 2017.

 

 

At the Meeting

Stephen Lucy – Director Audit New Zealand, spoke to the report, noting:

   There are no inclusions in the audit programme that will be unexpected. The ‘risk of management override’ item has always been considered but has been more clearly specified for all large organisations this year.

   The audit fee will be advised later this month.

   Napier City Council carries a large capital programme for the size of the Council.

 

Committee's Recommendation

Councillor Wise / Mr Foster

That the Committee resolve that the audit arrangements for the year ending 30 June 2017 as set out in the audit arrangement letter from Audit New Zealand is received.

 

CARRIED

 


Ordinary Meeting of Council05 April 2017 Open Agenda

Reports from Finance Committee
held 22 March 2017

 

1.      Hawke's Bay Airport Limited - Statement of Intent

Type of Report:

Procedural

Legal Reference:

N/A

Reporting Officer/s & Unit:

Adele  Henderson, Director Corporate Services

 

1.1     Purpose of Report

To identify any changes or any comment Council wishes to make to Hawke’s Bay Airport Limited in regard to the Draft Statement of Intent.

 

 

At the Meeting

The representatives from the Hawke’s Bay Airport, Tony Porter, Olivia Pierre and Sarah Park, were welcomed to the meeting. In the interests of the availability of the presenters Items 1 and 2 were taken together.

The presenters spoke to their reports, noting:

·         There has been continued growth in the airside and landside budgets. The Company intends to work closely with its shareholders to better realise the value of the business park.

·         The operating expenses came in under budget for the first six months of the year, and a significant payment was made against the loan.

·         The gearing ratio is very low currently, but is forecast to climb steeply as funding is drawn down for larger capital works in the near future, then to return relatively quickly to a lower percentage by approximately year five of the budget model. It is the nature of airport works that in large part drives the spikes in the ratio. 

·         A number of capital works are planned for the next few years, of which the terminal development is the largest. The detailed design for this project is due to be complete this week. It is anticipated that the project will be fully completed in March 2019.

·         Security updates have been made across airport functions in line with recent CAA changes to the regulations.

·         Airport staff have had input into the NZTA “SH2/ Watchman Road roundabout” project, the tender for which closed today.

In response to  questions from elected members, it was clarified that:

·         Stormwater attenuation considerations have been integrated into every area of development at the airport, including the business park.

·         The Airport executive team has worked hard to keep operating costs low despite significant changes in security, fire and rescue and other matters having been rolled out over the six month period.

·         While it may be an option to return to an earlier approach of paying no dividend to its shareholders over the period of the larger capital works, the Airport Company believes that the loan funding it is now able to draw on provides enough flexibility to pay a dividend as part of its overall financial management.

 

 

 

MĀori Consultative Committee's Recommendation

Councillor Tapine / T Aranui

That the Council resolve that the Committee’s recommendation be adopted.

CARRIED

 

Committee's Recommendation

Councillors Taylor / McGrath

That the draft Statement of Intent of the Hawke’s Bay Airport Limited be received.

 

CARRIED

 


Ordinary Meeting of Council05 April 2017 Open Agenda

2.      Hawke's Bay Airport Limited Half Yearly Report

Type of Report:

Legal and Operational

Legal Reference:

Local Government Act 2002

Document ID:

340167

Reporting Officer/s & Unit:

Adele  Henderson, Director Corporate Services

 

2.1     Purpose of Report

To receive the half-yearly report to shareholders from Hawke’s Bay Airport Limited to 31 December 2016.

 

 

MĀori Consultative Committee's Recommendation

Councillor Tapine / T Aranui

That the Council resolve that the Committee’s recommendation be adopted.

CARRIED

 

Committee's Recommendation

Councillors Jeffery / Brosnan

That the Hawke’s Bay Airport Limited half-yearly report to shareholders, to December 2016 be received.

 

CARRIED

 


Ordinary Meeting of Council05 April 2017 Open Agenda

3.      Business Hawke's Bay Report

Type of Report:

Procedural

Legal Reference:

N/A

Document ID:

344753

Reporting Officer/s & Unit:

Adele  Henderson, Director Corporate Services

 

3.1     Purpose of Report

To provide Council with an update report from Business Hawke’s Bay (BHB).

 

 

At the Meeting

Carolyn Neville, Business Hawke’s Bay Marketing and Operations Manager, was welcomed to the meeting.

Carolyn spoke to the report, noting:

·         Visitor numbers to the Business Hub had increased over the last quarter.

·         A survey of business travellers undertaken over a month indicated an increased level in connectivity through travel, to which the introduction of JetStart Flights to the Hawke’s Bay Airport had made a significant contribution. Of particular note was the increased travel between Napier and Auckland.

·         Central Government funding had contributed towards several initiatives underway, such as Techweek 2017, as well as the recruitment of further staff including the role of Marketing and Operations Manager.

·         The food and beverage sector, as well as agri-business, had been in particular focus for business attraction and development. 

 

MĀori Consultative Committee's Recommendation

Councillor Tapine / T Aranui

That the Council resolve that the Committee’s recommendation be adopted.

CARRIED

 

Committee's Recommendation

Councillors Wright / Boag

That the Council resolve that the report from Business Hawke’s Bay be received.

 

CARRIED

 


Ordinary Meeting of Council05 April 2017 Open Agenda

4.      Hawke's Bay Museums Trust - Half yearly report to 31 December 2016

Type of Report:

Legal

Legal Reference:

Local Government Official Information and Meetings Act 1987

Document ID:

345481

Reporting Officer/s & Unit:

Adele  Henderson, Director Corporate Services

 

4.1     Purpose of Report

To provide the half-yearly report for 2016/17 for the Hawke’s Bay Museum’s Trust for adoption.

 

 

MĀori Consultative Committee's Recommendation

Councillor Tapine / T Aranui

That the Council resolve that the Committee’s recommendation be adopted.

CARRIED

 

Committee's Recommendation

Councillors White / Wright

That Council adopt the Hawke’s Bay Museums Trust half-yearly report to 31 December 2016.

CARRIED

 


Ordinary Meeting of Council05 April 2017 Open Agenda

5.      HB Museums Trust Statement of Intent 2017 - 19

Type of Report:

Legal

Legal Reference:

Local Government Act 2002

Document ID:

345482

Reporting Officer/s & Unit:

Adele  Henderson, Director Corporate Services

 

5.1     Purpose of Report

To provide the draft Statement of Intent 2017 – 19 for the Hawke’s Bay Museums Trust to Council for its consideration as part of the reporting requirements for council-controlled organisations. 

 

 

MĀori Consultative Committee's Recommendation

Councillor Tapine / T Aranui

That the Council resolve that the Committee’s recommendation be adopted.

CARRIED

 

Committee's Recommendation

Councillors Price / Taylor

That the HB Museums Trust Statement of Intent 2017 - 19 be received and any feedback is provided to the Trust for their consideration.

 

CARRIED

 


Ordinary Meeting of Council05 April 2017 Open Agenda

6.      HB LASS Limited - Half Yearly Report

Type of Report:

Legal and Operational

Legal Reference:

Local Government Act 2002

Reporting Officer/s & Unit:

Adele  Henderson, Director Corporate Services

 

6.1     Purpose of Report

To consider the Hawke’s Bay Local Authority Shared Services Limited (HB LASS Ltd) half yearly report to 31 December 2016.

 

 

At the Meeting

In response to queries from elected members it was clarified that:

·         No new shared services were evaluated over the last six months. A lot of work had been undertaken within the IT space as this will form a foundation to other shared activities.

·         A HB LASS Collaborator was recently recruited and will be involved in the development of the HB LASS Statement of Intent.

 

MĀori Consultative Committee's Recommendation

Councillor Tapine / T Aranui

That the Council resolve that the Committee’s recommendation be adopted.

CARRIED

 

Committee's Recommendation

Councillor Dallimore / Hague

That the Council resolve that the HB LASS half yearly report to 31 December 2016 be received.

CARRIED

 


Ordinary Meeting of Council05 April 2017 Open Agenda

7.      Seismic Assessments of Council Buildings

Type of Report:

Operational

Legal Reference:

N/A

Document ID:

344798

Reporting Officer/s & Unit:

Bryan  Faulknor, Manager Property 

 

7.1     Purpose of Report

To update Council on the progress regarding Seismic Assessments of Council owned buildings.

 

 

At the Meeting

In response to queries from elected members it was clarified that:

·         The last assessment of the Civic Building was in 2011. As technologies have improved significantly since that time, and with the consideration of potential options for the building campus in mind, it was decided to re-assess the building.

·         A building is designated ‘earthquake prone’ if it meets less than 34% of the current building code. It is accepted practice that any alterations and renovations made to such buildings should bring them to 67% or higher. Council aims to bring all buildings as close to 100% of code as it can, but for some older buildings this is not feasible.

 

MĀori Consultative Committee's Recommendation

Councillor Tapine / T Aranui

That the Council resolve that the Committee’s recommendation be adopted.

CARRIED

 

Committee's Recommendation

Councillor Brosnan / Mayor Dalton

That the update report on progress regarding Seismic Assessment of Council owned buildings be received.

 

CARRIED

 


Ordinary Meeting of Council05 April 2017 Open Agenda

Reports from Community Services Committee
held 22 March 2017

 

1.      Joint Alcohol Strategy Review - Public feedback

Type of Report:

Operational

Legal Reference:

N/A

Document ID:

340799

Reporting Officer/s & Unit:

Michele Grigg, Senior Advisor Policy

 

1.1     Purpose of Report

To advise Council on the process undertaken in reviewing the Joint Alcohol Strategy with Hastings District Council, and to request approval to release the draft Strategy for stakeholder and public feedback prior to finalisation of the document, and adoption by each Council.

 

 

At the Meeting

It was noted that it was not unusual for ‘at risk’ groups to be identified in such strategies, as it contributes towards specific consideration of the groups’ needs and may drive solutions that are particularly helpful to them. Feedback on other possible target groups for consideration could be provided during the consultation period.

It was further noted that there was the option to review the strategy within  three years rather than the suggested five; elected members could use the opportunity to provide feedback on the strategy if they believed this was a better life cycle for the strategy. 

The Chair advised that an alteration should be made to her recommendation that the officer’s recommendation be adopted, and that her new recommendation be:

·         that part a. of the officer’s recommendation stand, but

·         that part b. should be amended to read “…the Community Services Committee Chair and Councillor Keith Price…”.

This recommendation of the Chair was made based on Councillor Price’s existing responsibilities in liquor licensing and his involvement in the Local Alcohol Policy Joint Group, which has strong links to this Joint Strategy.

 

At the Māori Consultative Committee meeting

A discussion on the review of the Strategy occurred.  In response to a question about what Council proposes to focus on in supporting Maori as an identified target group in the Strategy, officials advised the following:

·         Maori have been identified as being affected by alcohol-related harm,

·         Council will work with target groups, such as Maori to develop approaches to addressing the target group.  A number of Maori stakeholders are listed in the strategy and they will all have input to shape how Council delivers services to the target group. 

·         the public consultation for the strategy will be open for 3 weeks and that provides an opportunity to comment on the strategy.  

 

 

MĀori Consultative Committee's Recommendation

Councillor Tapine / T Aranui

That the Council resolve that the Committee’s recommendation be adopted.

CARRIED

 

Committee's Recommendation

Councillors Wright / Wise

a.       That Council approve the release of the draft Joint Alcohol Strategy for stakeholder and public feedback; and

b.       That Council nominate the Community Services Committee Chair and Councillor Keith Price to consider any feedback jointly with the nominated Hastings District Councillors prior to the finalisation of the draft Strategy.

CARRIED

 


Ordinary Meeting of Council05 April 2017 Open Agenda

Reports from Finance Committee
held 29 March 2017

 

1.      Review of Fees & Charges 2017/18

Type of Report:

Operational

Legal Reference:

Local Government Act 2002

Reporting Officer/s & Unit:

Adele  Henderson, Director Corporate Services

 

1.1     Purpose of Report

To consider Fees and Charges proposed for the year commencing 1 July 2017.

 

 

At the Meeting

In response to questions from elected members, the following was clarified:

·         The apparent increase in the price of adopting a dog is in fact the collation of what were previously a number of separate costs; that is, the total fee has not increased but is presented differently. Council’s rate remains notably lower than purchasing a dog from the SPCA.

·         In relation to a specific question on charging for the Sound Shell, it was noted that this was available free of charge for community users.

·         The increase to the four all-day casual parking sites (from $4 to $5) was made to bring the rates in line with Council’s Parking Strategy and the leased parking rates.

Particular concern was expressed at the increased parking rates for the four all-day sites, noting that the people most likely to be most affected by the change are  those least likely to be able to afford an increase (for example part time workers).

It was noted that Council has two remaining opportunities to consider whether to progress with the proposed increase or whether to amend it: at the second debate of this item at the Council meeting scheduled for 5 April 2017, and as part of the discussion prior to adoption of the final Annual Plan in June 2017. 

 

Committee's Recommendation

Councillors Jeffery / Hague

That the proposed Schedule of Fees and Charges for 2017/18 be adopted and form part of the supporting information for the 2017/18 Annual Plan.

 

CARRIED

 


Ordinary Meeting of Council05 April 2017 Open Agenda

2.      Annual Plan 2017/18

Type of Report:

Legal and Operational

Legal Reference:

Local Government (Rating) Act 2002

Document ID:

346114

Reporting Officer/s & Unit:

Adele  Henderson, Director Corporate Services

 

2.1                   Purpose of Report

The Annual Plan is prepared and adopted as part of the requirements from Section 95 of the Local Government Act.   The purpose of this report is to propose not to consult due to there being no significant or material variances to the Long Term Plan 2015-25 for year 3.

 

 

At the Meeting

In response to questions from elected members, the following was clarified:

·         Information on Pandora will be included in the Long Term Plan rather than the Annual Plan.

·         The Community Grants funding had been increased to $50K to address smaller requests that would usually have been received via the Annual Plan consultation process (that is, requests of up to $20K). Larger projects could now apply to the new Council Projects fund of $200K.

·         Criteria for assessing applications to the Community Grants fund already exist and community groups are welcome to meet with the Community Services group to discuss which fund to direct their application to. The criteria for this fund are wide enough that it would not exclude any requests that would usually have been received via the Annual Plan process. Applications are assessed by officers, with a clear separation between the assessor and the approver of nay funding.

·         Guidelines for the criteria for Council Projects fund application assessments could be agreed with Council in a workshop. Requests for funding for projects above $200K should be made to the Chief Executive who would direct officers to investigate and bring options to Council for discussion and assessment against other priority projects.

·         Information on the funds and applying to the Community Grants and Council Projects Fund would be on the Council website.

·         Information on all applications received and the decision made will be included in the Council Quarterly Report.

·         Strategies that relate to the Long Term Plan currently under development will be brought to Council as soon as possible; the Chair noted that the significant changes in staffing over the previous 12 months will necessarily have extended the time frames on such work.

·         A phased approach has been taken with the Multi-use Sports Facility project; the current ‘gateway’ of a decision on the business case is pending information from Sport New Zealand. A specific date cannot yet be set to bring the matter back to Council as it is unclear when the information from Sport NZ will be provided; a report will be prepared to Council as soon as possible once the information is received. In the meantime the project and funding implications will be considered under the Long Term Plan process.  A seminar on the financial case for the Multi-use Sports facility is scheduled for 12 April 2017.

 

Support was expressed for the engagement plan, noting that it was an excellent approach to reinforce the increased opportunities for funding applications and input into Council’s long term planning.

For clarity, each part of the Officer’s Recommendation was taken separately.

 

ACTION: Director Corporate Services to include information on applications received to the Community Grants fund and Council Projects fund, as well as any decision made, in the Quarterly Report.

 

Committee's Recommendation

Councillors Taylor / Hague

a.       That Napier City Council recognise the changes in Local Government Act 2002 consultation requirements, and do not consult on the Annual Plan 2017/18 as there are no significant or material changes to those presented in the Long Term Plan 2015-25

CARRIED

Committee's Recommendation

Councillors McGrath / Wright

b.       That Council increase the funding for Community Grants by $50,000 for 2017/18, to be funded from rates

CARRIED

Committee's Recommendation

Councillors Jeffery / Brosnan

c.       That Council provide a Community Projects fund of $200,000, to be funded from rates, in the Draft Annual Plan 2017/18

CARRIED

Committee's Recommendation

Councillors Brosnan / Wright

d.       That Council inform the public and make the Draft Annual Plan 2017/18 available on the Council website, subject to any identified minor corrections for spelling and grammar

CARRIED

Committee's Recommendation

Councillors Price / Taylor

e.       That Council approve the proposed average rate increase of 3.9% (noting that this is lower than the Long Term Plan proposed increase for 2017/18 of 5.0%)

CARRIED

Committee's Recommendation

Councillors Wise / Hague

f.       That Council seek feedback on the proposed Fees and Charges for the Council activities for 2017/18 on the Council website by 30th April 2017

CARRIED

 

 


Ordinary Meeting of Council05 April 2017 Open Agenda

Reports Under Delegated Authority

1.      Schedule of Documents Under Seal

Type of Report:

Operational

Legal Reference:

N/A

Document ID:

346209

Reporting Officer/s & Unit:

Sarah Ashworth, PA to Chief Executive

 

1.1     Purpose of Report

To report of documents executed under seal from 11 February 2017 to 17 March 2017

 

Officer’s Recommendation

That the report be received.

 

 

MAYOR’S/CHAIRPERSON’S RECOMMENDATION

That the officer’s recommendation be adopted.

 

 

 

 

Date

Document

Presenting Officer

16.02.17

Warrant Issued Pursuant under sec 38(5)

Eric Le Roux

21.02.17

Fencing covenant for 1 Poaka Place, Napier

Colin Hunt

21.02.17

Easement in gross for 195 Kennedy Road, Napier

Colin Hunt

21.02.17

Consent to transfer lessee’s interest 22-28 Thames St

Jenny Martin

28.02.17

Ground Lease Richmondvale Archery Club Inc

Jenny Martin

14.03.17

Warrant issued pursuant to sec 13 of the Dog Control Act 1996

Eric Le Roux

14.03.17

Warrant issued pursuant to sec 13 of the Dog Control Act 1996

Eric Le Roux

 

 

 

 

 

1.2     Attachments

Nil


Ordinary Meeting of Council05 April 2017 Open Agenda

2.      Resource Consent

Type of Report:

Information

Legal Reference:

Resource Management Act 1991

Document ID:

346248

Reporting Officer/s & Unit:

Sarah Ashworth, PA to Chief Executive

 

2.1     Purpose of Report

To present the report on Resource Consents issued under delegated authority for February and March 2017

 

Officer’s Recommendation

That the report be received.

 

 

MAYOR’S RECOMMENDATION

That the officer’s recommendation be adopted.

 

 

 

Consent Number

Site Location

Applicant

Proposal

Activity Status

Decision Date

160105

32 Severn Street

Wallace Development Company

Establish fuel tanker depot

Discretionary

6 March 2017

160123

150 Guppy Road

Meadowdale Land Company

Multi-unit creating 68 units & earthworks

Discretionary

15 March 2017

160164

6-18 Roberts Terrace

Harrison Bentley Limited

Multi-unit & earthworks

Restricted Discretionary

15 March 2017

160165

201 Waitangi Road

Bio-Rich Limited

Extension to commercial/industrial activity & construction of bulk storage building

Discretionary

1 March 2017

160171

77 Powdrell Road

K & J Murphy

Relocate cottage

Non-complying

9 February 2017

160172

36 Waitangi Road

C & H Bradbury

Additions & alts to a group 4 heritage item

Restricted discretionary

9 February 2017

170002

65 Le Quesne Road

I & A Herries

Alts to garage with yard coverage & height infringements

Restricted discretionary

2 February 2017

170004

64 McElwee Street

S Wallace

Construct garage & dwelling which exceeds site coverage

Restricted discretionary

2 February 2017

170005

49 Massey Crescent

Relocate Homes NZ

Relocate dwelling

Discretionary

13 February 2017

170007

12 Jervois Road

B Griffin

Construct garage within an area of significance to Maori with site coverage & yard infringements

Discretionary

14 February 2017

170008

100 Kaimata Road

P O’Callaghan

Earthworks to create a building platform

Controlled

22 February 2017

 

 

 

170009

123 Waghorne Street

H Cairns

Alts to garage with yard & parking infringements

Restricted Discretionary

13 February 2017

170010

11 & 13 Wakefield Street

San Niven Limited

Multi-unit creating 8 units

Controlled

22 February 2017

170013

205 Marine Parade

P McNicholls

Alts to a group 1 heritage building, seismic strengthening & residential conversion

Restricted discretionary

22 February 2017

170017

241 Riverbend Road

J Kemp

Construct secondary dwelling

Non-complying

14 February 2017

170018

21 Cameron Road

K Norgate

Construct garage with yard infringement

Restricted discretionary

21 February 2017

170020

217 Te Awa Avenue

Vision Homes Limited

Multi-unit development to establish 3 dwellings

Restricted discretionary

21 February 2017

170025

11 & 13 Wakefield Street

San Niven Limited

Variation to approved Resource Consent RM170010 to allow the creation of one additional industrial unit (nine in total)

Discretionary Activity

16 March 2017

S16062

150 Guppy Road

Meadowdale Land Company

Main Residential zone boundary adjustment & land to vest as road to in Council

Controlled Activity

15 March 2017

S16072

90 Clarence Cox Crescent

T Newport

Main Residential zone subdivision creating one additional lot (two in total)

Controlled Activity

9 February 2017

S16090

40 Fleming Crescent

Habitat for Humanity (CNI) Limited

Main Residential zone subdivision creating one additional lot (two in total)

Controlled Activity

7 February 2017

S16093

154 Auckland Road

LJ Bennett Limited

Main Residential zone subdivision creating one additional lot (two in total)

Controlled Activity

1 February 2017

S17001

138 York Avenue

L & J Hales

Main Residential zone subdivision creating one additional lot (two in total)

Controlled Activity

7 February 2017

S17003

22 Waterhouse Street

Triple M & R Holdings Limited

Main Residential zone subdivision creating two additional lots (three in total)

Controlled Activity

28 February 2017

S17004

32 Severn Street

Wallace Development Company

Main Industrial zone subdivision creating one additional lot (two in total)

Discretionary Activity

16 February 2017

S17005

161 Guppy Road

A Taurima & D Nuku

Main Residential zone subdivision creating one additional lot (two in total)

Controlled Activity

22 February 2017

 

 

 

S17006

1/125 Taradale Road

L Young & S Cameron

Amendment to an existing cross lease to incorporate a new garage

Controlled Activity

23 February 2017

S17007

5 Ridgeway Terrace

J Piper

Lifestyle Character zone boundary adjustment (no new lots created)

Controlled Activity

6 March 2017

S17008

94 Bledisloe Road

Steelfern Limited

Main Rural zone subdivision creating five new lots (six in total)

Non-Complying Activity

10 March 2017

S17009

12 Battery Road

The Rondel Trust

Northern Residential zone boundary adjustment & the creation of six unit titles within an existing dwelling

Restricted Discretionary Activity

13 March 2017

S17010

11 Wakefield Street

San Niven Limited

Main Industrial zone unit subdivision creating eight industrial units

Controlled Activity

13 March 2017

 

 

 

2.2     Attachments

Nil


Ordinary Meeting of Council05 April 2017 Open Agenda

3.      Tenders Let

Type of Report:

Information

Legal Reference:

Local Government Act 2002

Document ID:

346249

Reporting Officer/s & Unit:

Sarah Ashworth, PA to Chief Executive

 

3.1     Purpose of Report

To report tenders let under delegated authority for February and March 2017

 

No Tenders let in this period

 

 

Officer’s Recommendation

NA

 

 

MAYOR’S RECOMMENDATION

NA

 

 

<Enter content of report>

 

3.2     Attachments

Nil


Ordinary Meeting of Council05 April 2017 Open Agenda

4.      Liquor Licenses

Type of Report:

Information

Legal Reference:

Sale and Supply of Alcohol Act 2012

Document ID:

346266

Reporting Officer/s & Unit:

Sarah Ashworth, PA to Chief Executive

 

4.1     Purpose of Report

To report on the Liquor Licences issued under delegated authority for February and March 2017

 

Officer’s Recommendation

That the report be received.

 

 

MAYOR’S RECOMMENDATION

That the recommendation be adopted.

 

 

Application No.

Applicant

Licence Issued

Type

CL0007

Hawkes Bay Hockey Association (Incorporated)

3/03/2017

Club Licence

MC0904

Marie Clare Baillie

3/02/2017

 Manager's Certificate

MC1076

Dorothy Iris Underhill

13/02/2017

 Manager’s Certificate

MC1367

Dianne Jane Durham

22/02/2017

 Manager’s Certificate

MC2855

Amarjit Singh

15/02/2017

 Manager’s Certificate

MC2929

Louisa von Reumont

7/02/2017

 Manager’s Certificate

MC3101

Michaela Brooke Gannaway

14/03/2017

 Manager’s Certificate

MC3261

Linda  Dawn Ogle

14/03/2017

 Manager’s Certificate

MC3262

Catharina Helena Maria Klein-Finnema

9/02/2017

 Manager’s Certificate

MC3264

Adrienne Majorie Morrin

23/02/2017

 Manager’s Certificate

MC3266

Kaye Leonie Anne Wesley

14/03/2017

 Manager’s Certificate

MC3280

Vincent Trevor Morrin

8/03/2017

 Manager’s Certificate

MC3284

Daniel Verner Thomas Dougherty

22/02/2017

 Manager’s Certificate

MC3390

Glen Thomas Grenfell

13/02/2017

 Manager’s Certificate

MC3403

Shivani Rajesh Makwana

14/03/2017

 Manager’s Certificate

MC3405

Christopher Werner Muller

15/02/2017

 Manager’s Certificate

MC3407

Joey Nim Chi Lau

22/02/2017

 Manager’s Certificate

MC3412

Nilofer Abdul-Hai Hassan

23/02/2017

 Manager’s Certificate

MC3414

Priska Wright

14/03/2017

 Manager’s Certificate

MC3416

Daphne Muriel Nichol

15/02/2017

 Manager’s Certificate

MC3418

Korina Lisa John

1/03/2017

 Manager’s Certificate

MC3419

Fiona Clare O`Mahony

10/02/2017

 Manager’s Certificate

MC3423

S M B May

1/03/2017

 Manager’s Certificate

MC3426

Norbert Platzdasch

14/03/2017

 Manager’s Certificate

MC3427

Barinder Singh Parihar

8/03/2017

 Manager’s Certificate

MC3433

S M Ehlers

8/03/2017

 Manager’s Certificate

OF1238

Papatoetoe Panelbeaters Limited

1/03/2017

 Off licence

ON0061

Marineland Motel Napier 2003 Limited

16/02/2017

 On licence

ON0090

Sri Thai & Vietnam Restaurant Limited

3/02/2017

On licence

ON1227

Red Chilli Indian Restaurant Limited

9/02/2017

On licence

ON1337

CKS Developments Limited

3/03/2017

On licence

ON1342

Papatoetoe Panelbeaters Limited

9/03/2017

On licence

ON1347

R D Habgood & M C Wood Partnership

23/02/2017

On licence

SP4012

Art Deco Masonic Limited

17/02/2017

Special Licence

SP4091

Hawkes Bay Sheep Dog Trials Association

9/03/2017

Special Licence

SP4097

Anna Sabiston

13/03/2017

Special Licence

SP4100

Rotary Club Of Greenmeadows

9/03/2017

Special Licence

SP4104

Winery Concert Holdings Limited

14/02/2017

Special Licence

SP4115

Napier Repertory Players Incorporated

10/02/2017

Special Licence

SP4116

Napier Repertory Players Incorporated

28/02/2017

Special Licence

SP4120

Orton Catering Limited

13/02/2017

Special Licence

SP4121

Joanna Mary McGonigal

2/03/2017

Special Licence

SP4123

Avon Peter McAlley

2/02/2017

Special Licence

SP4124

Federal Merchants & Co

13/02/2017

Special Licence

SP4127

Taradale Community & Sports Club Incorporated

28/02/2017

Special Licence

SP4130

Taradale Rugby & Sports Club Incorporated

21/02/2017

Special Licence

SP4131

M J Weston

21/02/2017

Special Licence

SP4132

Pettigrew Green Arena

3/02/2017

Special Licence

SP4133

Caleb Lloyd Jaquet

14/02/2017

Special Licence

SP4136

Matthew Keith Hiscock

9/03/2017

Special Licence

SP4138

Hilary Anne Scott-Ker

2/03/2017

Special Licence

SP4139

Prof M G Baker

9/03/2017

Special Licence

SP4142

Bluff Hill Bowling Club

13/03/2017

Special Licence

SP4143

Avon Peter McAlley

13/03/2017

Special Licence

SP4144

Hawkes Bay Basketball Foundation Inc

16/03/2017

Special Licence

SP4145

Hawkes Bay Basketball Foundation Inc

17/03/2017

Special Licence

SP4155

Napier Sailing Club Incorporated

15/03/2017

Special Licence

SP4156

Napier Sailing Club Incorporated

15/03/2017

Special Licence

TA1357

Breakers Ahuriri Limited

2/03/2017

Temporary Authority

TA1358

RM Gisborne Limited

16/03/2017

Temporary Authority

 

 

4.2     Attachments

Nil


Ordinary Meeting of Council05 April 2017 Open Agenda

5.      Requests for official information

Type of Report:

Enter Significance of Report

Legal Reference:

Enter Legal Reference

Document ID:

346194

Reporting Officer/s & Unit:

Sarah Ashworth, PA to Chief Executive

 

5.1     Purpose of Report

To report on written requests for official information received since the February Council Meeting.

 

Officer’s Recommendation

That the report be received. 

 

MAYOR’S RECOMMENDATION

That the officer’s recommendation be adopted.

 

5.2     Background Summary

The council regularly receive requests for official information from members of the public. The council responds to these request in accordance with the provisions of the Local Government Official Information Act.

 

The list below provides an outline of the requests received since last reported in February.  The attachment provides date, nature of request, and the status of the request for the councillor’s information.  The requestor’s details are not provided in order to maintain privacy pursuant to the Privacy Act 1993.

 

5.3     Attachments

a       Requests for Official Information Under the Local Government Official Information Act 1987   


Ordinary Meeting of Council05 April 2017 Open Agenda

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PUBLIC EXCLUDED ITEMS

 

 

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

 

Reports from Audit and Risk Committee held 16 March 2017

1.         Insurance Arrangements

2.         HB LASS RFP for Internal Audit Services

3.         Kennedy Park Internal Audit Report

4.         Napier City Council Investment and Debt Report

5.         Health and Safety Report 28 February 2017

6.         Risk Management Progress Report

7.         Napier City Council Deloitte Report Update

8.         Napier City Council Annual Plan 2017/18

9.         Information Services Business Continuity Plan

10.       Napier City Council Long Term Plan 2018-28

11.       Napier City Council Internal Audit

 

 

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:

Reports from Audit and Risk Committee held 16 March 2017

1.  Insurance Arrangements

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.

2.  HB LASS RFP for Internal Audit Services

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.  Kennedy Park Internal Audit Report

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.

4.  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.

5.  Health and Safety Report 28 February 2017

7(2)(d) Avoid prejudice to measures protecting the health and safety of members of the public

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.  Risk Management Progress Report

7(2)(e) Avoid prejudice to measures that prevent or mitigate material loss to members of the public

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.  Napier City Council Deloitte Report Update

7(2)(a) Protect the privacy of natural persons, including that of a deceased person

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

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.

8.  Napier City Council Annual Plan 2017/18

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

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.

9.  Information Services Business Continuity Plan

7(2)(f)(ii) Maintain the effective conduct of public affairs through the protection of such members, officers, employees and persons from improper pressure or harassment

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.

10. Napier City Council Long Term Plan 2018-28

7(2)(f)(ii) Maintain the effective conduct of public affairs through the protection of such members, officers, employees and persons from improper pressure or harassment

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.

11. Napier City Council Internal Audit

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

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.

 

 

 


 

NAPIER CITY COUNCIL

Civic Building

231 Hastings Street, Napier

Phone:  (06) 835 7579

www.napier.govt.nz

 

 

 

Ordinary Meeting of Council

 

 

Open

MINUTES

 

 

Meeting Date:

Wednesday 22 February 2017

Time:

3pm-4.15pm

Venue:

Main Committee Room
3rd Floor Civic Building
231 Hastings Street
Napier

 

 

Present:

The Mayor (Chair), Councillors Boag, Brosnan, Dallimore,

Hague, McGrath, Price, Tapine, Taylor, White, Wise and Wright

In Attendance:

Chief Executive, Director Corporate Services, Director City Strategy, Director Infrastructure Services, Director Community Services, Director City Services, Manager Communications and Marketing, Manager Sports and Recreation, Chief Financial Officer, Policy Planner, Team Leader Policy Planning, Communications Specialist, Team Leader Governance, Governance Advisor, Economic Development Manager, Manager Business Excellence and Transformation

 

 

 


Ordinary Meeting of Council05 April 2017 Open Agenda

 

 

Apologies

COUNCIL RESOLUTION

Councillors White/ Boag

That the apology from Councillor Jeffery be accepted.

CARRIED

CONFLICTS OF INTEREST

Councillor Wise declared a conflict of interest for the item on liquor licences.

Public forum

The Mayor advised of the decision yesterday to remove item 2 from this meeting.  As such, it will not be a topic of conversation at this meeting, neither will the deputation on it be going ahead.  The Extraordinary meeting of council called for 8 March 2017 is also cancelled. 

Announcements by the Mayor

The Mayor expressed that the pohiri for Matatini was very moving, and encouraged everyone to attend the festival.  The Mayor also expressed that the Economic Summit he attended was very effective, and significant levels of business were confirmed. 

Announcements by the Management

None

Confirmation of Minutes

COUNCIL RESOLUTION

Councillors Wise / Hague

That the Draft Minutes of the Extraordinary meeting of Council held on 24 November 2016 and reconvened on 14 December 2016 be confirmed as a true and accurate record of the meeting.

CARRIED

 

COUNCIL RESOLUTION

Councillors Wise / Wright

That the Draft Minutes of the Ordinary meeting held on 14 December 2016 be confirmed as a true and accurate record of the meeting.

CARRIED

 

 

LOCAL GOVERNMENT ACT 2002

COUNCIL RESOLUTION

Councillors Price / Boag

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).

CARRIED

 

New Reports

1.      Local Easter Sunday Trading Policy - Summary of Submissions

Type of Report:

Legal and Operational

Legal Reference:

Local Government Act 2002

Document ID:

337805

Reporting Officer/s & Unit:

Dean Moriarity, Team Leader Policy Planning

 

1.1     Purpose of Report

To report on the submissions received on Council’s proposed Local Easter Sunday Trading Policy and once having heard and considered those submissions, for Council to make a decision on whether to adopt the Local Easter Sunday Trading Policy.

 

At the Meeting

 

The hearing of submissions commenced at 3.05pm. 

 

The following members of the public delivered their oral submissions at the meeting:

-       Dr. Robin Gwynn

-       Isabel Morgan (submission by read Margaret Lynch)

-       Reverend Bryan Carey (St Luke’s Anglican Church)

 

All three speakers spoke against the proposed Policy, raising the following key points:

-       That they believe New Zealand currently has one of the lowest number of common break days in a year across the OECD.  Currently this is 3.5 days, with a total of 361 trading days across the year.

-       That they felt that the proposed Policy would negatively impact on families because it has the potential to reduce the number of days they may spend together. 

-       That although the proposed Policy provides a choice for retailers, the submitters felt that commercial pressures would create a situation where retailers felt they had to open on Easter Sunday in order to remain competitive.  Moreover, they also expressed a concern on the practical reality of whether employees would feel pressured by their employers to work that day.

-       That they felt there was not enough demand from retailers to warrant adopting the proposed Policy, and that Council should take a wait and see approach, and reconsider the Policy should overwhelming demand occur. 

 

 

-       They were particularly concerned about the timing of the consultation period, being held over December and January, and the appearance that Christian groups were not (who have a special interest in Easter weekend), consulted with to an appropriate level. 

 

In response to questions from Councillors, it was clarified that:

-       the Napier community network which consists of approximately 90-100 organisations was consulted including religious groups. 

-       the consultation occurred from 5 December 2016-13 January 2017. 

-       it is believed that Hastings District Council is due to undertake consultation on this matter this year; a large number of councils have already discussed and decided on an Easter Sunday trading policy to date. 

 

The hearing of submissions were closed at 3.30pm.   Deliberations started at 3.30pm.

 

The Mayor advised Councillors that this decision should be treated as a conscience vote. 

 

Key deliberations

 

Points raised for the recommendation were:

-       the proposed Policy gives retailers the choice to open or not.  In practice, retailers already have a choice not to open on Sundays if they do not want to, and this is evident in Napier and works well e.g. the retailers are not compelled to open.

-       Napier is a tourist town and many people do enjoy visiting and shopping in our area at this time of year.   

-       Many who could be most affected by the Policy have indicated that they want the choice as an employee.

-       In practice, the 5 day working week has not been a reality for some time, and a lot of employees also work shifts.

 

Points raised against the recommendation were:

-       Napier prides itself on being a family friendly city and adopting this Policy was viewed as a challenge to this as it reduces the number of non-trading days from 3.5 days to 2.5 days.  

-       it wasn’t believed that there is significant demand from retailers for the option to open (e.g. only 65% of retailers requested it).

-       concern on how the proposed Policy would operate in practice, there would be less choice for employees if retailers decided to open.

-       there was concern that there should have been specific consultation with Christian churches and that the timeframe that consultation was open for was unfortunate.

-       concern that competitive pressure on retailers would create a situation where some would feel they had to open.

 

Deliberations closed at 3.43pm. 

 

 

 

 

 

 

 

 

 

 

 

COUNCIL RESOLUTION

Councillors White / Wise

a.       Council receive and hear submissions on the Local Easter Sunday Trading Policy.

b.      That Council resolve to adopt the Local Easter Trading Policy that will give all retailers the option to trade on Easter Sunday.

CARRIED

 

The division was declared carried by 7 votes to 5 votes the voting being as follows:

For:                Mayor, Councillors Dallimore, Hague, Price, Taylor, White and Wise

Against:         Councillors Boag, Brosnan, McGrath, Tapine and Wright

 

 

2.      Multi-use sports facility business case

As per the decision taken on the 21st of February, this item was not discussed.  Item 3 was taken next.

 

 

3.      Napier Aquatic Centre Hours of Operation Review - further information

Type of Report:

Operational

Legal Reference:

N/A

Document ID:

339234

Reporting Officer/s & Unit:

Antoinette  Campbell, Director Community Services

 

3.1     Purpose of Report

To provide additional information to supplement the report to the Community Services Committee meeting of 8th February 2017 titled “Napier Aquatic Centre Hours of Operation Review”.

 

At the meeting

 

An amendment was immediately raised, that part B of the officer’s recommendation be removed for the following reasons:

-       changes to the opening hours during weekdays is not considered necessary at this time.

-       Napier City Council is not fulfilling its outcome listed in the Long Term Plan of safe and secure aquatic facilities.

-       Napier City Council should fast-track Aquatic development to meet the needs of the community as outlined in the Long Term Plan, rather than making one-off changes to the current  situation to minimise current limitations.

 

 

 

 

Officer’s Recommendation

 

a.       That the Napier Aquatic Centre changes its opening hours on Saturdays to the earlier time of 9.00am, and on Sundays and public holidays to an earlier opening of 10.00am.

b.       That commencing 1st May 2017, the Napier Aquatic Centre changes its hours of operation to be open to the general public on weekdays during school term time between 3.00pm and 7.00pm.

 

COUNCIL RESOLUTION

Councillors Taylor/ Price

That the Napier Aquatic Centre changes its opening hours on Saturdays to the earlier time of 9.00am, and on Sundays and public holidays to an earlier opening of 10.00am.

CARRIED

 

4.      Triennial Agreement 2016-19

Type of Report:

Legal

Legal Reference:

Local Government Act 2002

Document ID:

339188

Reporting Officer/s & Unit:

Deborah Smith, Governance Advisor

 

4.1     Purpose of Report

To present the final draft Triennial Agreement 2016-19 for approval and adoption by Council.

 

At the Meeting

 

The Chief Executive gave an overview of the Agreement including that it is now clearer on what key activities we want to focus on as a region, and advised Councillors of some minor amendments proposed by Hawke’s Bay Regional Council (HBRC), including:

-       reference to Coastal Hazards Joint Committee in the Agreement.  Councillors were comfortable with this recommendation. 

-       a suggestion around bilateral engagement between regional councillors and individual Councils.  This suggestion was not considered appropriate for this multi-party agreement, and fits better into a bilateral agreement between Councils and the HBRC.

 

It was agreed to pursue the existing approach of adopting the agreement, as accepted in principle by the Mayors and Chair of the region’s councils, and discussing any proposed amendments at upcoming Mayoral forum meetings. 

 

Councillors expressed their support to the Agreement in particular noting the benefits of the new Agreement over the previous Agreement including, the Agreement,

o   is clearer on the key activities we want to focus on as a region

o   specifies what the principles are and the activities

o   has more substance, and

o   more frequent meetings will provide more focus to the agreement. 

 

 

 

 In response to questions raised by Councillors, the CE advised:

o   the Councillors can put items for consideration on the agenda through the Mayor

o   minutes will be made available to Councillors

o   the Mayoral forum will establish processes around the infrastructure fund.

 

 

COUNCIL RESOLUTION

Councillors White / Wise

a.       That the Triennial Agreement 2016-19 be adopted.

CARRIED

 

 

5.      Appointment of Omarunui Refuse Landfill Joint Committee Alternate Representative

Type of Report:

Operational and Procedural

Legal Reference:

N/A

Document ID:

337890

Reporting Officer/s & Unit:

Deborah Smith, Governance Advisor

 

5.1     Purpose of Report

To request that Council confirm the appointment of Mayor Bill Dalton as the alternate representative to the Omarunui Refuse Landfill Joint Committee.

 

COUNCIL RESOLUTION

Councillors Brosnan / Wright

a.       That Mayor Bill Dalton be appointed as Napier City Council’s alternate representative to the Omarunui Refuse Landfill Joint Committee, as per the Heads of Agreement document dated 4 October 2010.

CARRIED

 

 

6.      Quarterly Report for December 2016

Type of Report:

Enter Significance of Report

Legal Reference:

Enter Legal Reference

Document ID:

332441

Reporting Officer/s & Unit:

Mary  Quinn, Senior Management Accountant

Chris Comber, Accounting Manager

 

6.1     Purpose of Report

To consider the Quarterly Report for the period 1 October 2016 to 31 December 2016 and the Health & Safety Report for January 2017.

 

At the meeting

 

Councillors expressed their support for the Quarterly Report, and congratulated the Napier City Council, including

-       for the majority of items Council reported on, it shows we are on track

-       Napier City Council should showcase to the public areas where we are excelling, for example, one of the key achievements in the report is that Napier City Council has one of the highest rating building consents authorities in the country.

-       Napier City Council is tracking to budget and there is a favourable variance to income; it is on target with operating expenditure; overspent on capital expenditure, but given the size of the capital programme this is not considered a concern. 

-       the traffic light system in the report allows for Councillors to easily see which areas to direct their attention to.

 

In response to a query on two line items, it was clarified that:

 

-       the general ledger codes are set and have not been updated to reflect the change in concept from Velodrome to the Multi-use sports facility. 

-       there may have been some small spend on the completion of the  movement of penguins to the Aquarium, and the Director of Corporate Services would report back to Council on this. 

 

On the Health and Safety report, Councillors make the following comments:

-       the report should be pitched at a more strategic level for the Councillors to be able to make governance decisions on it.  Where the report includes any areas where a rating has not been achieved, an explanation should accompany it. 

-       a concern was raised around the number of incidences of abuse towards library and environmental health staff, and in particular the library staff.  The Director of Community Services advised that the library is close to social services, and explained risk mitigations including that:

o   librarians have processes in place to deal with intimidation and if they are threatened. 

o   there is also a security company on call for rapid response should Police not be able to respond. 

-       The Director also explained that anecdotally there does seem to be an increase in these types of incidences around the city, but no statistics have been taken. 

-       Regarding the SkatePark, a question was asked on the way the report outlines incidences at the Skatepark including a section on minor injuries and then a section which states not-minor injuries, and whether this meant ‘major injuries’.  A further question was asked around whether the Napier City Council has a helmet policy and is enforcing it.

-       The Director of Community Services said, in line with the approach taken by professional ski-fields, that the helmet policy is based on encouraging people to wear a helmet, and that this is done through the staff wearing helmets and providing education to the skaters.  This policy of encouragement, versus a strict policy of enforcement, was promoted as being a more effective way of encouraging skaters to the park. 

 

Actions required:

 

-       Council to showcase the achievement of highest rating building consents in the next Proudly Napier

-       General Ledger code Velodrome, to be changed to Multi-use sports facility. 

-       Report back to Council at next meeting relating to the expenditure for ‘removal of penguins from Marineland to Aquarium’ is. 

-       Council to change the type of health and safety reporting to Council:

o    to focus more on governance and strategic information rather than a report that details operational information,

o   using the ‘traffic light’ reporting style

o   where a not achieved is noted against a Health and Safety key performance indicator, an explanation be included. 

 

COUNCIL RESOLUTION

Councillors White / Wise

a.   That the Quarterly Report for the period 1 October 2016 to 31 December 2016 and the Health & Safety Report for January 2017 be received.

 

CARRIED

 

 

 

 

 

 

 


 

 

 

REPORT / RECOMMENDATIONS FROM THE STANDING COMMITTEES

 

 

 

Reports from Strategy and Infrastructure Committee
held 27 January 2017

 

1.      Application to Significant Projects Fund

Type of Report:

Procedural

Legal Reference:

N/A

Document ID:

336131

Reporting Officer/s & Unit:

Antoinette  Campbell, Director Community Services

 

1.1     Purpose of Report

To apply to the Lottery Significant Projects Fund for a grant toward the development of the Multi-Use Sports Facility.

 

At the Meeting

 

In response to a query, the Chief Executive clarified that part a. of the resolution passed at the Strategy and Infrastructure Meeting on 27 January 2017, was to remain standing until such time as it became obvious that the stated timeframe of 15 March 2017 would not be possible to meet. 

 

COUNCIL RESOLUTION

(Made at Strategy and Infrastructure meeting, 27 January 2017)

Councillors Wise / Wright

a.       That an application is made to the Lottery Significant Projects Fund after 22 February 2017 and consideration of the detailed business case, and prior to the closing of the fund application period on 15 March 2017, toward the development of a Multi-Use Sports Facility adjacent to Pettigrew Arena. 

b.       That a resource consent application for the Multi-Use Sports Facility is lodged with Council before the 1st February 2017.

c.       That a DECISION OF COUNCIL is required urgently to enable the resource consent application to be lodged with Council before 1 February 2017.to meet funding deadline of 15th March 2017. 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

 

 

2.      Ground Lease - Richmondvale Archery Club Incorporated

Type of Report:

Legal

Legal Reference:

Public Works Act 1981

Document ID:

333116

Reporting Officer/s & Unit:

Bryan  Faulknor, Manager Property 

 

2.1     Purpose of Report

To obtain Council approval to grant a new ground lease to the Richmondvale Archery Club Incorporated for the land occupied by the Club’s building on Park Island for a term of 15 years with one 15 year right of renewal.

 

COUNCIL RESOLUTION

Councillors Price / Hague

a.       That a new ground lease be granted to the Richmondvale Archery Club Incorporated for the land occupied by the Club’s building on Park Island for a term of 15 years with one 15 year right of renewal; and

b.      That the terms and conditions of the lease will be as per Council’s standard terms for leases of reserve land to community groups. The initial ground rental will be a nominal rental of $705 plus GST per annum, to be reviewed annually according to the method laid out in the standard terms described above.

CARRIED

 


 

3.      ROAD STOPPING - PORTION OF BATTERY ROAD

Type of Report:

Legal

Legal Reference:

Local Government Act 1974

Document ID:

333136

Reporting Officer/s & Unit:

Bryan  Faulknor, Manager Property 

 

3.1     Purpose of Report

To confirm the Council resolution of 10 August 2016, that approximately 65 m2 of legal road fronting 12 – 18, 20 and 22 Battery Road, Napier be stopped and sold to the adjoining land owners.

 

COUNCIL RESOLUTION

Councillors Price / Hague

a.       That Council confirm the resolution of 10 August 2016 to declare the part of Battery Road fronting 12 – 18, 20 and 22 Battery Road and described in the Schedule below to be stopped and sold to the adjoining land owners.

SCHEDULE

Hawke’s Bay Land District – Napier City

 

Area

 

Description

0.0023 ha

Section 1 SO Plan 504725

0.0024 ha

Section 2 SO Plan 504725

0.0018 ha

Section 3 SO Plan 504725

 

CARRIED

 


 

4.      Part Lee Road Stopping and Vesting

Type of Report:

Legal

Legal Reference:

Public Works Act 1981

Document ID:

333253

Reporting Officer/s & Unit:

Bryan  Faulknor, Manager Property 

 

4.1     Purpose of Report

To obtain Council approval to stop part of Lee Road, declare the section in question as a Segregation Strip subject to the Reserves Act 1977, and add it to the adjoining existing Segregation Strip.

 

COUNCIL RESOLUTION

Councillors Price / Hague

a.       That Council declare the legal road described in the Schedule as being stopped pursuant to Section 116 of the Public Works Act 1981; and

b.      That Council deal with the stopped road described in the Schedule, pursuant to Section 117(7) of the Public Works Act 1981, by declaring all of the said stopped road to be a Local Purpose (Segregation Strip) Reserve subject to the Reserves Act 1977, and to be added to the intersecting Local Purpose (Segregation Strip) Reserve described as Section 21 SO Plan 491548 and Lot 8 DP 15782.

SCHEDULE

Hawkes Bay Land District – Napier City

Area (ha)

Legal Description

Adjoining

0.0004

Section 20 SO 491458

Certificates of Title:

761479, 761477, HBH3/370, HBH3/372,

HBH4/122, HBH4/123

0.0008

Section 22 SO 491548

HBH4/122, HBH4/123, 761479

 

CARRIED

 


 

5.      Marine Parade Realignment

Type of Report:

Operational

Legal Reference:

N/A

Document ID:

330984

Reporting Officer/s & Unit:

Fleur  Lincoln, Strategic Planning Lead

Georgina King, Urban Design Lead

 

5.1     Purpose of Report

The purpose of the report is to update Council on progress made with the Marine Parade realignment project, including the final design, public engagement and communication strategy, and timeframes.

 

COUNCIL RESOLUTION

Councillors Price / Hague

a.       That the Officer’s update report on Marine Parade Realignment dated 27 January 2017 be received.

CARRIED

 

6.      Triennial Agreement 2016-2019

Type of Report:

Information

Legal Reference:

Local Government Act 2002

Document ID:

334507

Reporting Officer/s & Unit:

Deborah Smith, Governance Advisor

 

6.1     Purpose of Report

The purpose of this report is to provide Elected Members with an update on the current status of the Triennial Agreement 2016-2019, and the proposals Napier City Council have made towards creating a more meaningful document.

 

COUNCIL RESOLUTION

Councillors Price / Hague

a.       That the update report titled Triennial Agreement 2016-19 dated 27 January 2017 be received.

CARRIED

 


 

7.      Omarunui Refuse Landfill Joint Committee

Type of Report:

Operational and Procedural

Legal Reference:

Local Government Act 2002

Document ID:

333707

Reporting Officer/s & Unit:

Jane McLoughlin, Team Leader Governance

Caroline Thomson, Chief Financial Officer

 

7.1     Purpose of Report

To provide key points of interest and a copy of the minutes from the Omarunui Refuse Landfill Joint Committee meeting held on 9 December 2016.

 

COUNCIL RESOLUTION

Councillors Price / Hague

a.       That the minutes from the Omarunui Refuse Landfill Joint Committee held on 9 December 2016 be received. 

CARRIED

 


 

 

Reports from Regulatory Committee
held 27 January 2017

 

1.      Application for Temporary Liquor Ban - Mission Concert 2017

Type of Report:

Legal and Operational

Legal Reference:

Local Government Act 2002

Document ID:

334452

Reporting Officer/s & Unit:

Hayleigh  Brereton, Business Support Manager

 

1.1     Purpose of Report

To consider the request from Napier Police for a temporary liquor ban on the roads adjacent to the Mission Estate Winery during the 2017 Mission Concert.

 

COUNCIL RESOLUTION

Councillors McGrath / Taylor

a.   That pursuant to section 147 of the Local Government Act 2002 and the Napier City Council Public Places Liquor Control Bylaw 2014, Council approve the following areas as a “Specified Public Place” where the consumption, possession and bringing of liquor into is prohibited from 11.00 am to 12.00 midnight on Saturday 8 April 2017 and from 11.00 am to 12.00 midnight on Sunday 9 April 2017.

The area to be designated as a “Specified Public Place” are all those public places, reserves, roads and footpaths on both sides of the road within the area described as:

Church Road              from Wharerangi Road to Kent Terrace
Avenue Road             from Church Road to Avondale Road
Mission Road             from Church Road to Auckland Road
Montpelier Drive        full length
Tironui Drive              full length
Irene Moody Place     full length
Bishops Close           full length
Pukekura Place          full length
Ennor Place                full length.

 

CARRIED

 


 

 

Reports from Finance Committee
held 8 February 2017

 

1.      Mayoral Travel

Type of Report:

Procedural

Legal Reference:

N/A

Document ID:

337577

Reporting Officer/s & Unit:

Jane McLoughlin, Team Leader Governance

 

1.1     Purpose of Report

To request Council’s approval for the Mayor to travel to the United States for the purposes of research and relationship building in preparation for the National Aquarium of New Zealand expansion project. 

 

COUNCIL RESOLUTION

 

(Made at Finance Committee, 8 February 2017)

Councillors Wright / Brosnan

That a DECISION OF COUNCIL be made approving the Mayor to travel with officials to the United States in March 2017 for the purposes of research and relationship building in preparation for the National Aquarium of New Zealand expansion project.

 CARRIED

 

2.      Local Government Official Information Act Requests - Update to Charges

Type of Report:

Operational and Procedural

Legal Reference:

Local Government Official Information and Meetings Act 1987

Document ID:

336110

Reporting Officer/s & Unit:

Deborah Smith, Governance Advisor

 

2.1     Purpose of Report

To outline the proposed changes to charges of Local Government Official Information and Meetings Act requests.

 

COUNCIL RESOLUTION

Councillors Wise / Dallimore

a.       That the charges used by Napier City Council for requests under the Local Government Official Information and Meetings Act 1987 be updated to the charges recommended in the Ministry of Justice Charging Guidelines.

b.      The charges will be as follows: $38 per half hour of staff time after the first hour, $0.20 cents per page for photocopying in excess of 20 pages, calculated as per the formula provided in the Office of the Ombudsman Guidelines June 2016.

 

CARRIED

 

3.      Contribution towards artwork purchase by Hawke's Bay Museums Trust

Type of Report:

Operational

Legal Reference:

N/A

Document ID:

336993

Reporting Officer/s & Unit:

Caroline Thomson, Chief Financial Officer

 

3.1     Purpose of Report

To seek Council approval to contribute $12,000 towards the Hawke’s Bay Museums Trust purchase of artworks by Jono Rotman entitled ‘Omarunui’.

 

COUNCIL RESOLUTION

Councillors Wise / Dallimore

a.       That Council approve a financial contribution of $12,000 towards the Hawke’s Bay Museums Trust purchase of artworks by Jono Rotman entitled ‘Omarunui’; and

b.      That the contribution of $12,000 be funded from Council’s contingency fund. 

 

CARRIED

 

4.      Napier Conference Centre - temporary charges March-June 2017

Type of Report:

Information

Legal Reference:

Local Government Act 2002

Document ID:

337525

Reporting Officer/s & Unit:

Glenys  Fraser, Venues Manager

 

4.1     Purpose of Report

To outline Napier City Council’s temporary approach to charging fees for use of the new spaces created in the upgrade of the Napier Conference Centre. 

 

COUNCIL RESOLUTION

Councillors Wise / Dallimore

a.       That Council receives the report titled Napier Conference Centre – Temporary Charges March-June 2017.

 

CARRIED

 


 

 

Reports from Community Services Committee
held 8 February 2017

 

1.      Proposed Omni Gymnastic Centre Expansion

Type of Report:

Legal

Legal Reference:

 Reserves Act 1977

Document ID:

332997

Reporting Officer/s & Unit:

Antoinette  Campbell, Director Community Services

 

1.1     Purpose of Report

To outline a proposal by the Omni Gymnastic Centre to expand their operations on Council recreation reserve.

 

COUNCIL RESOLUTION

Councillors White/ Wright

a.       That the proposal to extend the Omni Gymnastic Centre is approved to progress to the resource consent application stage by Omni Gymnastic Centre Incorporated

b.      That, subject to Omni Gymnastic Centre obtaining resource consent and approval of the Team Leader Parks, Reserves, Sportsgrounds for the final design of the proposed expansion, approval for a new ground lease pursuant to section 54 of the Reserves Act 1977 is granted for an area of 675m2 at Onekawa Park for a term of 15 years with a right of renewal for an additional 15 years.

CARRIED

 


 

2.      Napier Aquatic Centre Hours of Operation Review

Type of Report:

Operational

Legal Reference:

N/A

Document ID:

333194

Reporting Officer/s & Unit:

Antoinette  Campbell, Director Community Services

 

2.1     Purpose of Report

To review the Napier Aquatic Centre’s hours of operation to better meet the needs of the community.

 

COMMITTEE's Recommendation

Councillors White / Wright

a.         That the matter proceed to Council on 22 February 2017 without a Committee recommendation; and

b.         That Officers investigate and report back to that Council meeting on:

·         the feasibility of a trial period for proposed changes to the Napier Aquatic Centre’s casual access hours; and

·         the implications of making no changes to public access prior to a new facility being completed.

CARRIED

 


 

 

Reports Under Delegated Authority

1.      Requests for Official Information

Type of Report:

Operational and Procedural

Legal Reference:

Local Government Official Information and Meetings Act 1987

Document ID:

337253

Reporting Officer/s & Unit:

Sarah Ashworth, PA to Chief Executive

 

1.1     Purpose of Report

To report on written requests for Official Information received since the 14 December 2016

 

COUNCIL RESOLUTION

Councillors Hague / Wise

That Council resolves that the report be received.

 

CARRIED

 

 

2.      Schedule of Documents Under Seal

Type of Report:

Information

Legal Reference:

N/A

Document ID:

338064

Reporting Officer/s & Unit:

Sarah Ashworth, PA to Chief Executive

 

2.1     Purpose of Report

To report on documents executed under seal from 8 December 2016 to 10 February 2017.

 

COUNCIL RESOLUTION

Councillors Price / Brosnan

That the report titled Schedule of Documents Under Seal be received.

 

CARRIED

 

 


 

3.      Liquor Licenses issued for the period ending 31 January 2017

Type of Report:

Information

Legal Reference:

Sale and Supply of Alcohol Act 2012

Document ID:

338583

Reporting Officer/s & Unit:

Sarah Ashworth, PA to Chief Executive

 

3.1     Purpose of Report

To report on the Liquor Licenses issued under delegated authority for the period ending 31 January 2017. 

 

COUNCIL RESOLUTION

Councillors Tapine / Wright

That the report titled Liquor licences issued for the period ending 31 January 2017 be received.

 

CARRIED

Councillor Wise did not participate in this vote due to a conflict of interest

 

 

4.      Resource Consents issued for the period ending 31 January 2017

Type of Report:

Information

Legal Reference:

Resource Management Act 1991

Document ID:

339112

Reporting Officer/s & Unit:

Sarah Ashworth, PA to Chief Executive

 

4.1     Purpose of Report

To present the report on resource consents issued under delegated authority for December 2016 to January 2017.

 

COUNCIL RESOLUTION

Councillors Wise / McGrath

That the report titled Resource Consents issued for the period ending 31 January 2017 be received.

 

CARRIED

 

 


 

5.      Tenders Let for the period ending 10 February 2017

Type of Report:

Procedural

Legal Reference:

Local Government Act 2002

Document ID:

338588

Reporting Officer/s & Unit:

Sarah Ashworth, PA to Chief Executive

 

5.1     Purpose of Report

To report Tenders let under delegated authority from 9 December 2016 to
10 February 2017.

 

COUNCIL RESOLUTION

Councillors Wise / White

That the report titled Tenders Let for the period ending 10 February 2017 be received.

 

CARRIED

 


 

 

 

PUBLIC EXCLUDED ITEMS

 

 

COUNCIL RESOLUTION

Councillors Wright / Hague

That the public be excluded from the following parts of the proceedings of this meeting.

 

Reports from Strategy and Infrastructure Committee held 27 January 2017

1.         Omarunui Refuse Landfill Joint Committee

Reports from Finance Committee held 8 February 2017

1.         Bid for 2018/19 All Blacks Test

2.         Parklands Residential Subdivision, Area 3, Stage 4 Civil Works

3.         Hawke's Bay Airport Limited - Report to Shareholders

 

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:

Reports from Strategy and Infrastructure Committee held 27 January 2017

1.  Omarunui Refuse Landfill Joint Committee

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.

Reports from Finance Committee held 8 February 2017

1.  Bid for 2018/19 All Blacks Test

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.

2.  Parklands Residential Subdivision, Area 3, Stage 4 Civil Works

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.  Hawke's Bay Airport Limited - Report to Shareholders

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.

 

The meeting concluded at 4.15pm.