Agenda of Strategy and Infrastructure Committee

Strategy and Infrastructure Committee - 30 January 2018 - Open Agenda Item 1

Agenda Items

1. Leasehold Land Policy Review

Type of Report:	Legal and Operational
Legal Reference:	Local Government Act 2002
Document ID:	430497
Reporting Officer/s & Unit:	Richard Munneke, Director City Strategy Kim Anstey, Planner Policy/Analyst Bryan Faulknor, Manager Property

1.1 Purpose of Report

The purpose of this report is for Council to consider a review of the Investment Property Portfolio policy through the long term plan process.

Officer’s Recommendation

That Council

a. Direct officers to consult on the proposed Investment Property Portfolio policy changes as part of the Long Term Plan process, including the following amendments:

· To allow freeholding of specific land identified in the June 2016 Boffa Miskell report “Napier City Investment Portfolio: Urban Landscape Strategic review” as non-strategic, on a case by case basis and only when alternative and suitable investments can be found.

· That recommendations on the freeholding of all identified non- strategic land be considered by the Audit and Risk Committee in the first instance for recommendation to Council.

· That the sale of leasehold land be a delegation of Council.

· That a divestment procedure be established and approved by Council resolution prior to the release of any leasehold land, should the policy be adopted.

Chairperson’s Recommendation

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

1.2 Background Summary

Napier City Council’s Investment Property Portfolio is listed as a strategic asset in Council’s Significance and Engagement Policy. The portfolio consists of 76 commercial/industrial properties distributed across the city, with the majority of properties situated in Onekawa, Ahuriri and Pandora. The current policy states that Council will retain the Investment Property Portfolio in its entirety. The policy has been reviewed several times in the past. Council’s current performance measures requires a review of the Portfolio every 3 to 5 years. In 2013, Council conducted a special consultative procedure and hearing. The outcome of this was that Council considered it did not have strategic information to manage the risk of a policy change. Council have commissioned two subsequent reports on the options of divesting all or part of its leasehold land portfolio to inform its decision making (shown at Attachments A and B).

1.3 Issues

Leasehold land and re-investment – CBRE report

There exists some negative sentiment in the community towards leasehold land. While the financial position of individual investors is not a concern of Council, a lack of appetite for leasehold land has a degree of impact on owners and investors of leasehold property. Council has had numerous requests from lessees requesting the right to freehold their site. There is additional concern that leasehold land may have a detrimental impact on business investment and redevelopment of specific sites.

In response to these issues, Council commissioned CBRE to review Council’s leasehold land properties. The brief was to summarise the portfolio’s characteristics and its financial performance historically, and provide comment on performance expectations moving forward. Further the report considered whether leasehold land tenure was having a detrimental impact on reinvestment in the city and whether or not a better option was to freehold some, or all of these properties. The report published in 2015 and updated in March 2016 concluded that to date, leasehold tenure does not appear to have materially distorted the local property market for industrial business. Yet looking forward and using comparisons from other locations, the report concludes that leasehold tenure has the potential to delay or inhibit redevelopment potential on specific sites, relative to freehold tenure. The level of investment in sites with leasehold tenure is generally lower than those with freehold tenure, which lowers the appeal to investors and prospective tenants. It should be noted however, that Council is not the only holder of leasehold land in Napier.

It is intended to update the CBRE report prior to public consultation to include updated financial information.

Boffa Miskell Report

Council recognise the benefits of leasehold land, financial and otherwise and therefore have previously indicated the importance of retaining the leasehold properties that are strategic in nature. To complement the CBRE report, Council commissioned Boffa Miskell to develop a methodology that provides a clear and transparent basis for determining the properties strategic value in terms of their public space and urban landscape potential. This assessment determined that a number of properties had no particular public space, urban or landscape attributes or potential that would warrant Council holding on to them for this reason. The majority of these properties were located in the Onekawa Industrial area. Some of these properties are entirely surrounded by freehold properties and in some cases a building may straddle multiple land ownership structures.

Another portion of properties were assessed as having potential for creating improved community outcomes and value for the area. The report recommended to retain these properties for now, and undertake further design and planning investigations in regards to their future use. The majority of these properties were located on the waterfront in Ahuriri and Pandora.

Leasehold land returns

At 30 June 2017, the Investment Property Portfolio was valued at approximately $34.8m. Currently it generates approximately $1.7m in rental revenue.

Property is a low risk investment and provides a reasonably predictable income stream. However, there are uncertainties to consider in that there is no guarantee that historic returns will continue and the cash return relative to capital invested is low. The value of the land assets fluctuates with the Napier property market.

Importantly, the 2015 CBRE report recommended caution in divesting in any leasehold land assets in order to obtain maximum benefit to ratepayers. Council would need to ensure its investment policy was fit for purpose so that any decisions about reinvestment ensures equivalent ongoing income, and that any sale of property realises their maximum value. Under the Hawke’s Bay Endowment Land Empowering Act 2002, Council is required to direct funds received from leasehold land to the improvement, protection, management, or use of the Inner Harbour and the coastal marine area.

1.4 Significance and Consultation

The portfolio is listed as a strategic asset in the significance and engagement policy and therefore any decision to transfer the ownership of the portfolio (whole or part) must be provided for in the long-term plan (LGA Section 97). Consultation on the policy can take place through the long term plan process. Council has consulted on this policy previously in 2013 with a decision made to retain the ‘no sell’ policy. This consultation process highlighted that information gaps existed around determining which properties to sell and that secure processes for reinvestment needed to be in place before a decision to sell was to be made. As stated above, there has been considerable refinement as to which properties to sell through the Boffa Miskell report. However, questions around reinvestment remains.

1.5 Implications

Financial

There are no immediate financial implications from consulting on this policy change via the long-term plan. However, if the outcome of the consultation process is that Council amend the policy to allow flexibility to sell certain non-strategic properties on a case by case basis, then the Investment policy will need to be firmed up to accommodate a long-term investment horizon. The decision to sell any property would need to be made on the basis that an alternative investment could be found with similar and/or improved returns so the financial implications for ratepayers is negligible.

Social & Policy

Council is often approached by lessees requesting to freehold their site. The issues that have been raised in relation to freeholding are:

a. Could Council receive a better return on an alternative investment that would provide a better or equivalent benefit?

b. Are there risks associated with having all of Councils property investment portfolio located in Napier?

c. Is the portfolio having a significant impact on re-investment in Napier?

The social and policy implications of this decision will be minimal providing that if a decision is made to freehold a property, alternative reinvestment can be found. Amending the policy would have an effect of giving Council more flexibility and control to make decisions that benefit the community as a whole.

Risk

There is a small amount of risk if Council choose not to propose a change to the policy. This decision would likely disappoint those leaseholders wishing to freehold their site. Alternatively, there is a certain amount of risk in changing the existing ‘no sell’ policy. Council may get multiple requests from leaseholders to sell specific properties and challenges would exist in finding equivalent investment opportunities and to avoid an impact on rates. Also sale proceeds may be ‘drip-fed’ to Council over time making reinvestment more difficult because of a lack of scale. To mitigate these risks, the decision to sell any property would remain a delegation of Council that would be supported by a robust investigation process on any potential asset sale and reinvestment opportunities.

1.6 Options

The options available to Council are as follows:

a. That Council make no change to Councils leasehold land policy and retain all commercial/industrial leasehold land portfolio in its entirety.

b. That Council amend the investment property portfolio to allow freeholding of all commercial/industrial properties.

c. That the proposed Investment Property Portfolio policy changes are consulted on as part of the Long Term Plan process that includes the following amendments:

i. To allow freeholding of specific land identified in the Boffa Miskell report as non-strategic, on a case by case basis and only when alternative and suitable investments can be found.

ii. That recommendations on the freeholding of all identified non- strategic land be considered by the Audit and Risk Committee in the first instance for recommendation to Council.

iii. That the sale of leasehold land be a delegation of Council.

iv. That a divestment procedure be established and approved by Council resolution should the policy be adopted.

1.7 Development of Preferred Option

The current policy provides no flexibility for freeholding specific, non-strategic assets that if sold, could assist in the redevelopment of industrial and/or commercial land in Napier and stimulate private investment. Introducing some flexibility in the policy will allow Council to consider each leasehold property on its merits so that any decisions relating to such land is made with the best intentions for the future of Napier. Freeholding specific properties will enable diversification of the Councils investment portfolio which will reduce market exposure risks. Amending the policy to allow freeholding of all properties, regardless of their strategic nature, is not recommended on the basis that this would create undue risk for Council and ratepayers. Using the Boffa Miskell report as guidance to determine the strategic nature of each property and performing an investigation into sale and reinvestment opportunities on a case by case basis, gives Council the ability to adapt to current market conditions to ensure maximum benefit to ratepayers. It is envisioned that a detailed procedure for divestment of specific properties would be developed and approved by Council should the preferred option be adopted.

1.8 Attachments

a Boffa Miskell Report - June 2016 ⇩

b CBRE Report - March 2016 ⇩

Strategy and Infrastructure Committee - 30 January 2018 - Attachments

Item 1

Attachments a

Strategy and Infrastructure Committee - 30 January 2018 - Attachments

Item 1

Attachments b

Strategy and Infrastructure Committee - 30 January 2018 - Open Agenda Item 2

2. Summer Street Party - Sale of Food

Type of Report:	Operational
Legal Reference:	Local Government Act 2002
Document ID:	440277
Reporting Officer/s & Unit:	Fleur Lincoln, Strategic Planning Lead

2.1 Purpose of Report

To obtain a Council resolution to allow food trucks to operate within Emerson Street at the upcoming Summer Street Party on 17 March 2018 in accordance with the Trading in Public Places Bylaw 2014.

Officer’s Recommendation

That Council

a. Allow mobile food vendors to operate within the public spaces of Emerson Street on the 17^th March 2018 as part of the Summer Street Party event, and as approved by Council’s events team.

Chairperson’s Recommendation

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

2.2 Background Summary

Napier and the Hawke’s Bay region has a number of weekends coming up when it is expected the number of visitors in the CBD will be considerable, due to events, public holidays and cruise ship visits. Two such weekends are the weekend of 3^rd February 2018 which has two cruise ships in Port, and has a sold out concert at Black Barn Winery; and Saturday 17^th March 2017, where there will be many visitors in the city as a result of the Horse of the Year event, and the Mission Concert.

To take advantage of this influx of visitors, Napier City Council and the Napier City Business Inc have organised a summer street party in Emerson Street on these two dates. The events will showcase Napier as a fun and exciting city, create a party atmosphere for visitors and locals, and will transform the street into a safe, people-prioritised space. Emerson Street will be closed to traffic on these days, and two entertainment zones are planned for the crowds. Dalton Street, between the intersections of Tennyson and Dickens Streets, will also be closed to allow for unimpeded pedestrian flow along the length of Emerson Street. A Traffic Management Plan will be in place.

At the event to be held on the 17^th March 2018, the events team are looking to provide food offerings on the street. This option is currently being offered to existing food operators in the city, however if no businesses take up this opportunity, the team will offer this chance to mobile food vendors. The Trading in Public Places Bylaw 2014 prohibits mobile food vendors in the CBD unless a specific resolution of Council has been obtained.

2.3 Issues

It is possible that existing food operators in the City may disapprove of this proposal. The events team have offered the opportunity to extend existing food operators current service to the street. If none, or too few take up this opportunity then the events team will encourage mobile food vendors into the street.

Large crowds are expected in the City on this day, and this event presents an opportunity for both existing food providers and locally-based mobile vendors to benefit.

2.4 Significance and Consultation

Zoe Barnes, Napier City Business Inc, has circulated information to CBD retailers about the events. The events team have also approached food operators in the CBD about their involvement, and have encouraged retailers to display their wares on the footpath outside their stores. The road closure notice has followed the standard procedures of notification. The events team will carry out a letter drop to offices and apartments on the upper floors of Emerson Street buildings.

Initial feedback from retailers about the event has been mostly positive.

2.5 Implications

Financial

Costs associated with these events will be covered through the City Vision budget and various existing budgets across Council and Napier City Business Inc. The event is not expected to cost a significant amount as the only paid services will relate to entertainment for kids and families.

Social & Policy

The sale of goods in public spaces in the CBD is prohibited under the Trading in Public Places Bylaw 2014. A specific resolution of Council enables this event to be excluded from this Bylaw.

Risk

N/A

2.6 Options

The options available to Council are as follows:

a. Allow the sale of goods in the public spaces of Emerson Street on the 17^th March 2018 as part of the summer street party.

b. Disallow the sale of goods in the public spaces of Emerson Street on the 17^th March 2018 as part of the summer street party.

2.7 Development of Preferred Option

The resolution of Council to allow the sale of food items within the street on Emerson Street will provide the opportunity to bring in mobile food vendors for this event. The first opportunity to trade on the street will be offered to existing food operators in the city. If this is not taken up, the events team will approach a few local mobile food vendors, which will cover the expected increased demand for food in town on that date.

2.8 Attachments

Nil

Strategy and Infrastructure Committee - 30 January 2018 - Open Agenda Item 3

3. Temporary Liquor Ban - Mission Concert

Type of Report:	Legal and Operational
Legal Reference:	Local Government Act 2002
Document ID:	429442
Reporting Officer/s & Unit:	Hayleigh Brereton, Manager Regulatory Solutions

3.1 Purpose of Report

To consider the formal request from New Zealand Police for a temporary liquor ban on the roads adjacent to the Mission Estate Winery during the 2018 concert.

Officer’s Recommendation

That Council

a. Approve, pursuant to section 147 of the Local Government Act 2002 and the Napier City Council Public Places Liquor Control Bylaw 2014, the following areas as a “Specified Public Place” where the consumption, possession and bringing of liquor into is prohibited from 09.00 am to 12.00 midnight on Saturday 17 March 2018.

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 Mooney Place full length

Bishops Close full length

Pukekura Place full length

Ennor Place full length

Chairperson’s Recommendation

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

3.2 Background Summary

The application is made pursuant to Council’s Public Places Liquor Control Bylaw 2014 Clause 4 which states:

“From time to time additional areas may be designated as a Specified Public Place for particular time periods, related to specified events or times of the year. Where additional areas are so designated, a minimum of 14 days public notice shall be given prior to the event or particular time of years, specifying the additional areas, and the period when the specification applies. Public notices shall also be affixed in or adjacent to the additional specified public place(s) at such times that the liquor control applies.” [Extract]

The request is made by Senior Sergeant Ross Smith of New Zealand Police. Police are requesting that a temporary liquor ban is imposed on the roads adjacent to Mission Estate Winery during the 2018 Mission Concert to ensure a safe and friendly experience for all those attending and for the residents within the area.

The liquor ban would encompass all 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

Please refer to the map at Attachment A.

It should be noted that the Council has imposed temporary liquor bans for previous Mission Estate Vineyard concerts. This request is identical to the 2017 Mission Concert Liquor ban.

3.3 Issues

The concert hosts approximately 25,000 guests. At previous years events Police have experienced issues with anti–social behaviour on the streets in and around the concert venue. There have been issues with littering of glass bottles and cardboard in the areas.

Liquor bans are enforced by the New Zealand Police. Under sections 169 and 170 of the Local Government Act 2002, police have powers of search, seizure, infringement notice and arrest for the specified times and places that an alcohol ban applies. Council has no role in police response or enforcement of liquor bans.

3.4 Significance and Consultation

The Public Places Liquor Control Bylaw 2014 requires public notification at least 14 days before the event. If approved Public notices will be displayed at all major entry points to the designated Specified Public Place and published in the Councils ‘Informing Napier’ advertisement in the Napier Mail.

3.5 Implications

Financial

There are some minor costs associated with creating the signage and public notices of approximately $1000. This will be paid from existing budgets

Social & Policy

The liquor ban aligns with the objectives of the recently adopted Joint Alcohol Strategy, particularly Objective 2: Foster Safe and responsible events and environments.

Liquor bans reduce the level of anti-social behaviour and will assist police in ensuring a safe and friendly environment for patrons and residents in the surrounding streets.

Risk

If there is no liquor ban in place there is risk of alcohol related harm occurring. There is a risk that the police would not have the enforcement tools available to effectively manage any anti-social behaviour associated with liquor.

3.6 Options

The options available to Council are as follows:

a. A temporary liquor ban for the roads adjacent to the 2018 Mission Estate Concert be approved.

b. That no liquor ban be in place for the 2018 Mission Estate Concert.

3.7 Development of Preferred Option

The preferred option is to support the NZ Police request for the temporary liquor ban of the 2018 Mission Estate Concert.

3.8 Attachments

a Temporary Liquor Ban - Mission Concert 2018 - Map ⇩

b Temporary Liquor Ban - Mission Concert 2018 - Formal Request letter from NZ Police ⇩

Strategy and Infrastructure Committee - 30 January 2018 - Open Agenda Item 4

4. Herschell and Byron Street Parking Reconfiguration

Type of Report:	Legal and Operational
Legal Reference:	Traffic Regulations
Document ID:	433679
Reporting Officer/s & Unit:	Hayleigh Brereton, Manager Regulatory Solutions

4.1 Purpose of Report

To formalise the Herschell Street off street car parking reconfiguration and the Byron Street on street parking charge resulting from the relocation of the Napier Public Library.

Officer’s Recommendation

That Council

a. Convert the Herschell Street car park from a leased car park to a pay and display car park.

b. Convert the on street car parking on Byron Street to pay and display

c. Set the tariff for car parking at $1.00 per hour for both the car park and on street parking.

Chairperson’s Recommendation

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

4.2 Background Summary

The library relocation to the MTG is underway and the library is due to open on the 7^th February 2018. It has been identified that there may not be sufficient parking in the area to cater to the intensified use. Reconfiguration of the Herschell Street carpark provides an opportunity to increase efficiencies and provide additional parking spaces.

4.3 Issues

The Herschell Street car park has been a mixed use car park offering both leased spaces and 15 pay and display spaces. The car park is spacious and offers opportunity to improve efficiencies and provide additional car parking spaces.

The northern end of the CBD has limited off street car parking options, Council receives considerable feedback regarding the lack of all-day casual car parking opportunity in this area of the CBD. Additionally the multi-use of the car park as both leased and pay and display creates frustration and confusion for users with a common tendency to park in the ‘wrong’ area.

There are also 20 on-street car parks on Byron Street that are time limited and currently utilised at no charge. This is inconsistent with the surrounding provision of car parks and mean these spaces are often utilised with very little turnover.

The draft 2017 parking survey found parking levels on Byron Street and within the pay and display levels were averaging over 85% occupancy. This indicates a high demand for parking within this area and at a level well over desirable occupancy. Providing a price incentive for parking in Byron Street should help manage demand for these spaces.

Council has utilised TDG to undertake a layout review of the Herschell Street Car Park. Conceptual drawings have increased the number of car spaces from 57 to 72 (see Attachment A), an increase of 15 spaces. This will result in an overall gain of 37 new pay and display car parking spaces (excluding the existing 15 pay and display) if 22 leased spaces are converted to pay and display. The process for leased car park relocation is underway and we will endeavour to accommodate their needs where possible.

Technical drawings are currently underway. It is likely that the reconfiguration of the car park will take 4 weeks and require the car park to be partially closed while this is undertaken.

When the car park is reopened it is proposed to be a Pay and Display car park apart from 20 leased car parks to the Art Deco Masonic Hotel as the hotel does not have on site car parks. The leased car parks would be well marked with clear signage installed and located in the rear of the car park to reduce confusion.

The use of the car park will change to predominantly all day parking, which will add an additional 37 spaces for the pay and display car park (excluding the existing 15 pay and display).

4.4 Significance and Consultation

There are a small number of affected parties such as, those individuals who lease carpark spaces from Council in the area, including the Art Deco Masonic Hotel. Efforts are being made to relocate lessees to alternative locations.

We have engaged with the affected parties in the following ways:

· Consultation with the Art Deco Masonic Hotel on the conceptual parking layout. The Hotel have voiced their support and willingness to work with Council on a mutual solution.

· Planned consultation to all lessees on their car parking alternatives, if car park is to be approved. However the option of remaining in this area is not available to any of the lessees other than the Art Deco Masonic Hotel.

4.5 Implications

Financial

The costs associated with signage, remarking, installation of pay and display machines etc. are relatively minor and can be accommodated within existing operational budgets.

The reconfiguration of the Herschell Street carpark has budget allocated to it, sourced from revenue that is required to be spent on providing additional CBD parking.

The car park is not proposed to have a reduced rate for all day parkers. In the northern CBD the high demand for parking and the transactional nature of the potential users. It should be noted that this is not unusual and the Lower Tiffin car park operates similarly.

Social & Policy

The reconfiguration of the site is consistent with the parking occupancy data and the draft parking strategy and will meet anticipated needs for public car parking from the temporary library.

Risk

The risk associated with this proposal centres around the “do nothing” option. Council has a responsibility to provide adequate parking within the CBD and generates revenue for this specific purpose. The relocation of the library will further increase pressure on the northern CBD and the demand for casual parking from this location will continue to increase. Removing the confusion from the car park and providing additional off street car parking should improve Councils provision of car parking options in this part of the city.

4.6 Options

The options available to Council are as follows:

a. Do nothing

b. Confirm the reconfiguration of the Herschell Street car park and Byron Street to ensure sufficient provision of car parking for the northern CBD.

4.7 Development of Preferred Option

The preferred option is to reconfirm the reconfiguration of the Herschell Street car park to provide additional spaces and change the primary use to pay and display. Additional work is being completed at the northern waterfront car park to improve efficiencies and create additional all day car parking spaces where possible. This option allows additional casual car parking to be gained in the northern CBD without acquiring additional property.

4.8 Attachments

a Conceptual Parking Layout for Herschell Street ⇩

Strategy and Infrastructure Committee - 30 January 2018 - Open Agenda Item 5

5. Ground lease - Eskview and Districts Rugby Football Club Incorporated

Type of Report:	Legal
Legal Reference:	Reserves Act 1977
Document ID:	434200
Reporting Officer/s & Unit:	Bryan Faulknor, Manager Property Jenny Martin, Property and Facilities Officer

5.1 Purpose of Report

To obtain Council approval to grant a new ground lease to the Eskview and Districts Rugby Football Club Incorporated for the land occupied by the Club’s building on Petane War Memorial Domain for a term of 15 years with one 15 year right of renewal.

Officer’s Recommendation

That Council:

a. Approve a new ground lease be granted to the Eskview and Districts Rugby Football Club Incorporated for the land occupied by the Club’s building on Petane War Memorial Domain for a term of 15 years with one 15 year right of renewal.

b. Approve that the terms and conditions of the lease will be as per Council’s standard terms and conditions for leases of Reserve land to community groups. The initial ground rental will be a nominal rental of $200.00 plus GST per annum, reviewed annually according to the method laid out in the standard terms described above.

Chairperson’s Recommendation

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

5.2 Background Summary

Council is the owner of an area of land known as Petane War Memorial Domain which is vested in the Council pursuant to the Reserves Act 1977.

Under the Act, Council, acting under delegated authority from the Minister of Conservation can and does, enter into leases with community groups to occupy areas of Reserve land.

The Eskview and Districts Rugby Football Club Incorporated is an incumbent tenant of the Petane War Memorial Domain. The Club has been a tenant of the land for a number of years. The previous ground lease has expired and a new lease needs to be entered into to provide certainty and clarity for both the Council and the Club.

The lease area is shown on the attached plan outlined in orange.

The terms and conditions of the proposed lease are as per Council’s standard terms for leases of Reserve land to community groups. The ground rental is calculated according to the method by which Council sets all its rentals for community organisations on Reserve land and is reviewed annually.

5.3 Issues

There are no issues.

5.4 Significance and Consultation

This matter is operational and business as usual and does not require community engagement.

5.5 Implications

Financial

There are no significant financial implications to the proposed new lease.

Social & Policy

Not applicable.

Risk

Not applicable.

5.6 Options

The options available to Council are as follows:

a. (Preferred option): To enter into a new ground lease with the Eskview and Districts Rugby Football Club Incorporated for a term of 15 years with one 15 year right or renewal.

b. To not enter into a new lease with the Eskview and Districts Rugby Football Club Incorporated and instead manage the tenancy under the terms of the Property Law Act on a month by month basis.

5.7 Development of Preferred Option

Option (a) is the preferred option as it provides greater certainty for the Eskview and Districts Rugby Football Club Incorporated.

5.8 Attachments

a Eskview & Districts Rugby Football Club Inc ⇩

Strategy and Infrastructure Committee - 30 January 2018 - Open Agenda Item 6

6. 15 Craven Terrace, land legalisation - land to be declared road

Type of Report:	Legal
Legal Reference:	Public Works Act 1981
Document ID:	434199
Reporting Officer/s & Unit:	Bryan Faulknor, Manager Property Jenny Martin, Property and Facilities Officer

6.1 Purpose of Report

To seek Council’s approval pursuant to Section 114 of the Public Works Act 1981 that the land in question be declared road.

Officer’s Recommendation

That Council

a. Declare that, pursuant to Section 114 of the Public Works Act 1981, the land in the schedule below to be road.

SCHEDULE

Hawke’s Bay Land District – Napier City

Area	Legal Description	Part of Certificate of Title
0.0068 ha	Section 1 SO Plan 518661	HB E4/507

Chairperson’s Recommendation

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

6.2 Background Summary

In mid-2017 it was revealed that an historical anomaly exists at the rear of 15 Craven Terrace in that some of the formed road falls within the legal boundary of that property. The owner of the property has agreed that Council remedy the situation by redefining the boundaries to reflect the current physical situation.

6.3 Issues

To legalise the situation Council is required to purchase that piece of land which encroaches onto the formed road and vest it as road.

6.4 Significance and Consultation

The property owner has been consulted.

6.5 Implications

Financial

Funding for the compensation and land legalisation is to be provided from existing roading budgets.

Social & Policy

Not applicable.

Risk

Not applicable.

6.6 Options

The options available to Council are as follows:

a. (Preferred option): That Council approve the resolution required under the Public Works Act to enable matters to be finalised.

b. That Council decline the proposed land legalisation.

6.7 Development of Preferred Option

As the road encroaches on privately owned land it is only fair that the owner be compensated and that the legal boundaries are redefined.

6.8 Attachments

a Craven Terrace aerial plan ⇩

b Craven Terrace SO Plan ⇩

Strategy and Infrastructure Committee - 30 January 2018 - Open Agenda Item 7

7. Joint Council Waste Futures Project Steering Committee - Minutes - 23 November 2017

Type of Report:	Procedural
Legal Reference:	Local Government Act 2002
Document ID:	430450
Reporting Officer/s & Unit:	Deborah Smith, Governance Advisor

7.1 Purpose of Report

To present to Council the draft Minutes of the Joint Council Waste Futures Project Steering Committee from 23 November 2017.

Officer’s Recommendation

That Council

a. Receive the draft Minutes of the Joint Council Waste Futures Project Steering Committee from 23 November 2017.

Chairperson’s Recommendation

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

7.2 Background Summary

The Joint Council Waste Futures Project Steering Committee met on 23 November 2017; the minutes are shown at Attachment A.

7.3 Issues

No issues

7.4 Significance and Consultation

N/A

7.5 Implications

Financial

N/A

Social & Policy

N/A

Risk

N/A

7.6 Options

To receive the minutes dated 23 November 2017.

7.7 Development of Preferred Option

N/A

7.8 Attachments

a Joint Council Waste Futures Project Steering Committee - Minutes - 23 November 2017 ⇩

Strategy and Infrastructure Committee - 30 January 2018 - Attachments

Item 7

Attachments a

PUBLIC EXCLUDED ITEMS

Councillors Brosnan / Boag

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

1. Battery Road Development Options

2. Trade Waste Charges Write-off

Carried

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.	Ground(s) under section 48(1) to the passing of this resolution.
1. Battery Road Development Options	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. Trade Waste Charges Write-off	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.

Meeting adjourned

Councillors Taylor / White

That the open meeting be adjourned and the public excluded meeting reconvene following the Regulatory Committee meeting.

Carried

The meeting was adjourned at 4.21pm and reconvened after the Regulatory Committee meeting and moved straight into public excluded at 4.46pm

Meeting Date:	Tuesday 30 January 2018
Time:	3pm
Venue:	Council Chambers Hawke's Bay Regional Council 159 Dalton Street Napier

Committee Members	The Mayor, Councillors Price (In the Chair), Councillors Boag, Brosnan, Dallimore, Hague, Jeffery, McGrath, Tapine, Taylor, White, Wise and Wright
Officer Responsible	Director City Strategy, Director City Infrastructure
Administration	Governance Team
	Next Strategy and Infrastructure Committee Meeting Tuesday 6 March 2018

Present:	The Mayor, Councillors Price (In the Chair), Councillors Boag, Brosnan, Dallimore, Hague, Jeffery, McGrath, Tapine, Taylor, White, Wise and Wright
In Attendance:	Chief Executive, Director Corporate Services, Director Infrastructure Services, Director City Services, Director City Strategy, Director Community Services, Manager Communications and Marketing, Manager Regulatory Solutions, Economic Development Manager, Strategic Planning Lead, Urban Design Lead, Team Leader Policy Planning, Manager Design and Projects
Administration:	Governance Team

Type of Report:	Operational and Procedural
Legal Reference:	Local Government Act 2002
Document ID:	416006
Reporting Officer/s & Unit:	Deborah Smith, Governance Advisor