Meeting Date:

Tuesday 7 August 2018

Time:

3.00pm

Venue:

Council Chamber
Hawke’s Bay Regional Council
159 Dalton Street
Napier

Council Members

Mayor Dalton (In the Chair), Councillors Boag, Brosnan, Dallimore, Hague, Jeffery, McGrath, Price, Tapine, Taylor, White, Wise and Wright

Officer Responsible

Chief Executive

Administrator

Governance Team

Next Council Meeting

Tuesday 18 September 2018

Officer’s Recommendation

That Council:

a.     Adopt the remuneration levels advised by the national Remuneration Authority for the year 2018/19.

b.     Note the three-phase implementation of changes to how elected member remuneration will be set by the Remuneration Authority, starting with the 2018/19 Determination.

Mayor’s Recommendation

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

Officer’s Recommendation

That Council:

a.     Note the appeals and or objections received to its final proposal for the 2018 Representation Review.

b.     Note the next stages in the review process.

Mayor’s Recommendation

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

Officer’s Recommendation

That Council:

a.     Resolve, pursuant to Section 48(1) of the Reserves Act 1977, to consent to the grant of the easements in gross as set out in the Schedule below: -

SCHEDULE

Hawkes Bay Land District                         Napier City Council

Mayor’s Recommendation

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

Officer’s Recommendation

That Council:

a.     Receive the draft minutes of the HB Civil Defence Emergency Management Group Joint Committee from 14th May 2018

Mayor’s Recommendation

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

At the Meeting

At updated version of the Charter was tabled, incorporating the following changes:

·     Flow through the document has been improved with the inclusion of section titles

·     The Charter is proposed to be reviewed every two years rather than annually. The next review will be October 2020.

·     The only content changes are as follows:

o  Under section “Composition and Tenure”:

§ The Napier City Council will appoint the Chairperson of the Committee.

§ Council representatives on the Committee will carry out their duties as outlined in the Charter, recognising the difference in the role of the Committee compared to Councillor community advocate.

o  Under section “Risk Management”:

§ Review whether a sound and effective approach has been followed in developing strategic risk management plans for major projects or undertakings.

o  Under section “External Accountability”:

§ Review the processes and risk assessment are in place for the development and adoption of the Council’s Long Term Plan.

The Chief Executive noted that at the recent LGNZ annual conference, Napier City Council’s Audit and Risk Committee had been identified as an example of recommended practice, not only having more than one independent member but also that the Chair’s position is held by an independent.

It was noted that there are opportunities for the fine tuning of the actual implementation of the chartered responsibilities, but the Charter itself is a strong document.

In response to a question from the Committee it was confirmed that the wider Council members now have access to all open Audit and Risk reports as a matter of course, and the public excluded reports if approved by the Committee (noting that there may be some reports where it is considered appropriate to release there information at a later date than the next Council meeting).

Committee's recommendation

The Audit and Risk Committee:

a.     Review the Audit and Risk Committee Charter

b.     Provide any recommended changes for Council approval, those changes being:

·     Flow through the document has been improved with the inclusion of section titles

·     The Charter is proposed to be reviewed every two years rather than annually. The next review will be October 2020.

·     The only content changes are as follows:

o  Under section “Composition and Tenure”:

§ The Napier City Council will appoint the Chairperson of the Committee.

§ Council representatives on the Committee will carry out their duties as outlined in the Charter, recognising the difference in the role of the Committee compared to Councillor community advocate.

o  Under section “Risk Management”:

§ Review whether a sound and effective approach has been followed in developing strategic risk management plans for major projects or undertakings.

o  Under section “External Accountability”:

§ Review the processes and risk assessment are in place for the development and adoption of the Council’s Long Term Plan.

At the Meeting

Mr Lucy spoke to this item and item 4 conjointly, noting that Audit New Zealand (‘Audit’) were generally happy with the clarity of articulation and lay out of the Long Term Plan Consultation document and the Long Term Plan 2018-28 itself.

Audit and Finance will work together to ensure that information flows are smoother for future processes.

In response to questions from the Committee, it was clarified that:

·     The recommendation to undertake a legal review of the rates resolution was made following some minor inconsistencies being noted in an early version; the resolution was double peer reviewed and corrected but the feedback is noted for future processes.

·     Ensuring condition assessments for the water network are accurate and timely, and articulation of risks are clear, will be important for the Infrastructure Strategy; these considerations are being addressed by Council’s nation-wide.

·     Audit are comfortable that the balanced budget is correct for the ten year period.

·     Work is underway to confirm the methodology for customer satisfaction surveys moving forward (noting that telephone surveys are not necessarily the most effective now); this was not able to be ready for 1 July 2018 but is progressing.

·     In relation to the aquatic centre options, it was noted that it is a careful balance that needs to be struck between providing enough information in a consultation document to encourage the public to provide feedback, without overwhelming with details which can be provided elsewhere.

·     Further in relation to the aquatic centre project, it was noted that the costs provided were early estimates and it was likely that there would be shifts between that consultation figures and actual costs at time of construction reflecting natural fluctuations in the market over the time period. The project has multiple gateways at which point Council can assess its comfort level with continuing to proceed.

Committee's recommendation

The Audit and Risk Committee:

a.     Receive the Audit New Zealand management report for the Consultation Document for the Long Term Plan 2018-28.

At the Meeting

Mr Lucy spoke to the item, noting that no interim management report has been provided as nothing of significance has been identified to note at this time.

Credit was noted to the Finance Team that this situation exists, particularly given the loss of a staff member during the Long Term Plan preparation period.

The Committee noted the positive change since the previous Long Term Plan process, remarking on the impressive work undertaken and levels of transparency achieved. While risks have changed over that period, risk management has increased significantly. It is anticipated that Napier will be considered a positive example nationally.

Committee's recommendation

That the Committee:

a.     Note that Audit New Zealand did not find any new issues from the interim audit for 2017/18 and therefore no management report has been issued.

At the Meeting

The Audit New Zealand management report was tabled.

Discussion on this item took place conjointly with Item 2 and is captured under that item above.

Committee's recommendation

The Audit and Risk Committee:

a.     Receive the Audit New Zealand management report for the Long Term Plan 2018-28.

b.     Receive the recommendations and approve the management comments.

At the Meeting

The Manager Business Excellence and Transformation spoke to the report, noting:

·     Particular focus has been placed on three areas over the last quarter:

o  Implementing the projects module in Sycle,

o  Business Continuity planning (linked to identified risks regarding possible disruption to services from a variety of causes), and

o  Continuing regular reviews of the risk register.

·     Two risks have been identified to the Committee under the higher risk reporting requirements: possible drowning of a member of the public while using Council equipment at Pandora Pond, and a possible fall from the Bluff Hill lookout by a sightseer (noting that this risk does not include a member of the public who may choose to deliberately scale any fencing with an intent to do injury to themselves).

o  While mitigations are being put in place for these identified risks, it was identified that the consequences of each are of a level that they are likely to remain identified as high even with management actions in place.

In discussion it was noted that:

·     Where knowledge is held regarding possible risks on private properties, Council provides engineering and other advice to the property owner as far as it can.

·     Council holds no liability for any drowning in ponds, drains and the like on public land. There is existing case law to this effect.

·     A draft Business Continuity policy is almost complete; the re-activation of services will be staggered depending on what is most appropriate to the event. Typically Governance and Communications will always be activated first to ensure internal and external communications are present as quickly as possible.

·     With the recent implementation of the project module in Sycle, the highest rates project risks will now also be reported to the Committee.

·     The number of projects as a possible risk in itself is included in the register but is considered lower in impact due to mitigating actions in place.

·     Those positions whose roles include project and or risk management will have a specific KPI to this effect incorporated into the job description.

·     It is intended that surety audits are implemented as the organisation continues to mature in the risk management space, confirming that mitigations advised are actively taking place.

·     Central government has strongly indicated that there will be shifts in approach to water management nation-wide. Centralising water management is considered “safer” as it is anticipated to address capacity/ capability issues and to better spread the costs of appropriate infrastructure, particularly for smaller authorities.

Committee's recommendation

That the Committee:

a.     Note the risk management work being undertaken by the NCC Risk Committee.

b.     Receive the report titled: Highest rated risks report 9 July 2018.

At the Meeting

It was noted that maximum probable loss modelling is being undertaken; the council’s within the region have been invited to complete this work together. If the invitation is not taken up, Napier will continue regardless.

The business interruption indemnity period extension was noted as pleasing.

Committee's recommendation

The Audit and Risk Committee:

a.     Resolve

i.      That the report on the 2018/19 insurance arrangements be received.

Committee's recommendation

The Community Services Committee:

a.     Endorse the proposal to rename the Municipal Theatre’s dress circle the ‘Nyree Dawn Porter Circle’, and to provide further exposure of Ms Porter’s achievements by displaying informational material within the theatre foyer for a limited time.

b.     Approve that further opportunities to celebrate Ms Porter’s achievements are explored as projects and funding opportunities arise.

Committee's recommendation

The Community Services Committee:

a.     Adopt the Final Ahuriri Estuary and Coastal Edge Masterplan.

Committee's recommendation

The Community Services Committee:

a.     Approve an increase in Council funding for the next two year funding cycle for the following events:

i.      Hawkes Bay Arts Festival to the level of $20k (per year); and

ii.     Horse of the Year to the level of $30k (per year). Cr Brosnan against a(ii)

b.     That a DECISION OF COUNCIL is required urgently as planning is being undertaken now for both events and marketing promotion will soon be underway.

Council Resolution

Made at Community Services Committee 24 July 2018

That Council:

a.     Approve an increase in Council funding for the next two year funding cycle for the following events:

i.      Hawkes Bay Arts Festival to the level of $20k (per year); and

ii.     Horse of the Year to the level of $30k (per year). Cr Brosnan against a(ii)

Officer’s Recommendation

That Council:

a.   Note there were no Tenders let under delegated authority for the period 9 June 2018 to 25 July 2018.

Officer’s Recommendation

That Council:

a.   Receives the report Official Information Requests 9 June 2018 - 27 July 2018.

Officer’s Recommendation

That Council:

a.   Receive the report on Resource Consents issued under delegated authority for the period 7 June 2018 – 25 July 2018.

Officer’s Recommendation

That Council:

a.   Receive the Report of Documents Executed Under Seal from 13 June to 25 July 2018.

Date

Document

Presenting Officer

21/6/18

Sewerage Easement – 91 Puketapu Rd

Colin Hunt

25/6/18

Dead or Rent Renew 25 Munroe St

Jenny Martin

19/7/18

Easement and Authority - right to drain sewerage – 18 Higgins St

Colin Hunt

23/7/18

Easement in Gross – Waghorne St

Paul O’Shaughnessy

23/7/18

Easement – 154 & 154A Auckland Rd

Colin Hunt

27/8/18

Variation of Lease – Danish Delights

Jenny Martin

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:

Agenda Items

1.  Amendment of Resolution - Civic Awards

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.

2.  Land acquisition - McLeod Road

7(2)(i) Enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

48(1)A That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist:
(i) Where the local authority is named or specified in Schedule 1 of this Act, under Section 6 or 7  (except 7(2)(f)(i)) of the Local Government Official Information and Meetings Act 1987.

Reports from Strategy and Infrastructure Committee held 10 July 2018

1.  Citizen's Civic Award Recommended Recipients

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.

Reports from Audit and Risk Committee held 19 July 2018

1.  Risk Management - Health and Safety Reports to 30 June 2018

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.

2.  Internal Audit - Cash Handling Review

6(a) Prejudice the maintenance of the law, including the prevention, investigation, and detection of offences and the right to a fair trial

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.  Composition and Tenure

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.

Reports from Finance Committee held 24 July 2018

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.  Bad Debt Write Off

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.

Reports from Community Services Committee held 24 July 2018

1.  Grants Allocation Sub Committee 2018/19 - Funding Allocations

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.

Present

The Mayor (In the Chair), Councillors Boag, Brosnan, Dallimore, Hague, Jeffery, McGrath, Price, Tapine, Taylor, White, Wise and Wright

In Attendance

Chief Executive, Director Corporate Services, Director Community Services, Director Infrastructure Services, Director City Services, Director City Strategy, Manager Communications and Marketing, Manager Business Excellence & Transformation

Administration

Governance Team

Council resolution

That the Draft Minutes of the Ordinary meeting held on 15 May 2018 be confirmed as a true and accurate record of the meeting.

At the meeting

During the discussion the following points were made in support of moving to a full ward system:

·         All three systems, at-large, mixed and all ward, have been used by Napier in the past.

·         The full ward system was determined to be the fairest and best representation in accordance with the detailed analysis provided in the officers’ reports.

·         70% of the submissions received were in favour of the full ward system, referencing the following points in favour of this system:

o    Greater voter turnout

o    Fairer representation

o    Increased number of candidates contesting seats

o    Increased accountability of elected members

o    Share workloads of ward Councillors

o    Not as expensive to run in wards

·         Napier argued against amalgamation because it was considered that best representation should be close to home; ward representatives were considered another way to reflect this.

·         The majority of submitters in favour of retaining the status quo didn’t make any comments.

·         The submitters have made a compelling case for moving to a full ward system. This is an opportunity to demonstrate that Council are listening.

·         If the full ward system could possibly increase ethnic diversity, visibility and accountability of our Council, then we should give this a try.

·         It no longer makes sense to only have one representative in the Ahuriri Ward and only two in the Nelson Park Ward; the workload would be shared under a full ward system.

·         Council has an opportunity to trial the full ward system; this can always be reassessed in three years’ time. A number of Councillors noted that they are prepared to vote in favour of the full ward system to see if this results in any changes for this coming term.

·         Some members of the community find it difficult to connect with Council under the current system.

·         Ward Councillors are accountable to their ward. They will be voted out if they are not performing, giving the community greater control in who represents them.

The following points were made in support of retaining the status quo:

·         The current Council represents a good mix of business and community, this has been achieved under the current mixed system.

·         Consideration should be given to the city’s appetite for change. The results of the public survey showed that the majority wanted to retain the status quo, similar to the amalgamation debate. Only 11.8% were in favour of a full ward system.

·         In response to comments that it costs less to run as a ward Councillor than at-large, some at-large Councillors have been known to spend little or nothing to run and have still been elected.

·         Council is a business with $1.6Billion worth of assets to manage and 530 staff. Having at-large candidates allows voters to consider those that can bring business and administrative skills to the table.

·         The current mixed system offers the best of both worlds.

·         Voter turnout should be considered in a wider context than just wards/no wards.

·         The mixed system allows the public to vote for a larger number of Councillors than ward only.

Council resolution

That Council:

a.     Hears and deliberates on the submissions on the Initial Proposal.

b.     Determines which system of representation it considers best provides for effective representation of communities of interest within Napier City, and which provides fair representation, the fundamental determinant of which is population equality within +/- 10%,

        being: 

        That Council adopt a full ward system using the existing ward boundaries, with 12 Councillors and the Mayor, and with no community boards being established.

        For the reasons being:

·      The full ward system was determined to be the fairest and best representation in accordance with the detailed analysis provided in the officer’s report.

·      70% of submissions received were in favour of the full ward system.

·      Increased diversity, visibility and accountability of Council.

·      Shared workloads of ward Councillors.

c.     Directs Officers to record and publicly notify the Final Proposal and the responses to submissions along with the reasons for each response, as required under section 19N(2) of the Local Electoral Act 2001.

Councillor McGrath against.

At the meeting

No discussion was held on this item.

Council resolution

That Council:

a.     Adopt as decisions of Council the recommendations (and reasons stated) of the Independent Commissioner on Plan Change 11 to the City of Napier District Plan.

b.     That Council Officers be authorised to undertake any administrative work necessary and issue the decisions of Council to submitters.

c.     To adopt those parts of Plan Change 11 to the City of Napier District Plan unaffected by submissions or recommendations by the Commissioner.

d.     That Council Officers be authorised to update the City of Napier District Plan in accordance with Plan Change 11 - Park Island Reconfiguration and the adopted decisions of Council.

e.     That Council Officers be authorised to publicly notify the date on which Plan Change 11 - Park Island Reconfiguration becomes operative in accordance with the requirements of the Resource Management Act 1991, if there are no appeals once the appeal period expires

At the meeting

No discussion was held on this item.

Council resolution

That Council:

a.     Resolve to reappointment Deputy Mayor Councillor Faye White as the Napier City Council appointed member of the Hawkes Bay Museum Trust

At the meeting

No discussion was held on this item.

Council resolution

That Council:

a.    Receive the final Hawke’s Bay Museums Trust Statement of Intent 2018 –2020.

At the meeting

No discussion was held on this item.

Council resolution

That Council:

a.    Receive the final Hawke’s Bay Airport Limited Statement of Intent 2018 –2020.

At the meeting

No discussion was held on this item.

Council resolution

That Council:

a.     Receive the unconfirmed minutes of the Hawke’s Bay Drinking Water Governance Joint Committee from 10 May 2018.

Council resolution

That the Māori Consultative Committee Minutes be received.

Māori Consultative Committee's recommendation

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

At the meeting

No discussion was held on this item.

Council resolution

The Strategy and Infrastructure Committee:

a.     Approve the reappointment of Tony Porter as Director to Hawke’s Bay Airport Limited for a further term of two (2) years until 30 June 2020.

Māori Consultative Committee's recommendation

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

At the meeting

No discussion was held on this item.

Council resolution

The Strategy and Infrastructure Committee:

a.     Note the draft provisions for the establishment and administration of the Te Komiti o Te Whanga as provided for in the Ahuriri Hapū Claims Settlement Bill

b.     Appoint Councillor Claire Hague to Te Komiti Muriwai of Te Whanga as the Napier City Council Representative.

Cr Hague did not participate in the vote

Māori Consultative Committee's recommendation

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

At the meeting

No discussion was held on this item.

Council resolution

The Strategy and Infrastructure Committee:

a.     Resolve that Napier City Council allocate $20,000 to the Art Deco Trust each year for a further 3 years (from the 2018/19 financial year through to the 2020/2021 financial year) to contribute to the Robert McGregor Heritage Fund.

Māori Consultative Committee's recommendation

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

At the meeting

It was noted that waste-free events are encouraged, including the provision of recycling bins.

Council resolution

The Regulatory Committee:

a.     Resolve to allow mobile trading (food and drink) within the public spaces of Market and Emerson Streets on the 13^th July 2018 as part of the Black Friday Fiesta event to be held by Napier City Business Inc.

Māori Consultative Committee's recommendation

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

At the meeting

In response to questions from Councillors it was confirmed that Council Officers will engage the Māori Consultative Committee earlier regarding street naming, and will work through this process with private developers where possible.

Council resolution

The Regulatory Committee:

a.     Approve two new street names within the subdivisions at 240 and 250 Guppy Road as follows:

Road 1 - Young Place (240 Guppy Road)

Road 2 - Chue Place (250 Guppy Road)

Subject to confirmation from the Māori Consultative Committee.

Māori Consultative Committee's recommendation

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

At the meeting

No discussion was held on this item.

Council resolution

The Regulatory Committee:

a.     Resolve that the P120 time restrictions be revoked at the following locations;

i.      Tiffen East Carpark

ii.     Emerson Street between Clive Square East and Clive Square West

iii.    Wellesley Road between Raffles and Latham Street

iv.    Wellesley Road between Kennedy Road and 45 Wellesley Road on the nor-western side of the road only

v.     Munroe Street between Dickens and Station Street on the western side only.

vi.    Station Street between Tennyson Street and the Station Street roundabout.

vii.   Bower Street between Edwardes and 41 Bower Street on the eastern side only.

viii.   Marine Parade between Albion Street and Vautier Street

ix.    Vautier Street between Marine Parade and Munroe Street

b.     Resolve that a parking fee apply at $1.00 per hour for the following locations;

i.      Vautier Street

ii.     Marine Parade between Albion Street and Vautier Street.

At the meeting

No discussion was held on this item.

Council resolution

That Council:

a.     Receives the report Official Information Requests 3 May 2018 – 8 June 2018.

At the meeting

No discussion was held on this item.

Council resolution

That Council:

a)     Receives the report Tenders Let under delegated authority to 08 June 2018 .

At the meeting

No discussion was held on this item.

Council resolution

That Council:

a)     Receive the report on Resource Consents issued under delegated authority for the period 23 April 2018 – 6 June 2018.

At the meeting

No discussion was held on this item.

Council resolution

That Council:

a)     Receive the Report of Documents Executed Under Seal 12 May to 12 June 2018.

Council resolution

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

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:

Agenda Items

1.  Council Projects Fund - Application

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.

Approved and adopted as a true and accurate record of the meeting.

Chairperson .............................................................................................................................

Date of approval ......................................................................................................................

Present

The Mayor (In the Chair), Councillors Boag, Brosnan, Dallimore, Hague, Jeffery, McGrath, Price, Tapine, Taylor, White, Wise and Wright

In Attendance

Chief Executive, Director Corporate Services, Director Community Services, Director Infrastructure Services, Director City Strategy, Manager Communications and Marketing, Manager City Development, Chief Financial Officer, Manager Business Excellence & Transformation, Manager Sport & Recreation, Senior Management Accountant, Corporate Planner, Venues Manager, Marketing Manager.

Administration

Governance Team

Council resolution

That the Draft Minutes of the Extraordinary meeting held on 1 June 2018 be confirmed as a true and accurate record of the meeting, noting the minor correction to a submission speaker.

At the meeting

The Mayor advised that the recommendation would be taken in parts to allow Councillors to speak to each matter separately.

A substitute motion to Part B of the officer’s recommendation was moved, proposing that all three designs should go out for public consultation, requesting feedback and input into the potential modifications.

In discussion, the following reasons were noted in favour of all three designs going out for public consultation:

·         Guy Natusch, the architect of the original memorial, does not endorse the officer’s preferred option, and has not been asked to provide formal feedback into the design.

·         The lack of shelter and connectivity to the building.

·         The memorial should be at forecourt level and not below in the sunken garden, facing towards the centre.

·         Council can learn from the community on this matter.

·         A number of Councillors noted that they have concerns about all three designs.

·         Design by consultation can be difficult but this does not override Council’s responsibility to allow the community to be involved in the process.

·         The community will tolerate further delay in order to get this right.

The reasons opposing all three options going out for public consultation were noted as being:

·         Council should go out with a preferred option, noting the other two options and explaining why they had been ruled out.

·         It can be incredibly difficult to get the community to agree on a single design. Council are not going to be able to satisfy all members of the community by going out with all three designs

·         Option three is a blank canvas; going out with a preferred option allows Council to ask the public what modifications they would like made to that design.

·         This is an emotive issue and consulting on all three options will delay the process even further. There is a genuine desire in our community to resolve this matter in a timely manner.

An amendment to Part C of the officer’s recommendation was moved, adding that the words ‘Napier War Memorial Centre’ be placed on the external curved wall of the ballroom. A further addition was made to the amendment that the name should be returned to the building by 1 October 2018, providing this can be physically done.

A number of Councillors agreed that it was important for the name to be returned to the building.

Officer’s Recommendation

That Council:

a.     Approve display conventions for the presentation of names on the War Memorial Roll of Honour as follows:

i.      Rank | Surname | First Name in Full | Middle Initials | Military Awards

b.     Approve Option 3 (landscape solution) as the preferred design to move forward to a detailed design phase and public consultation:

c.     Approve external signage placement in accordance with Option two in centre of building forecourt as demarcation of the War Memorial Centre as a site of significance.

Council resolution

That Council:

a.     Approve display conventions for the presentation of names on the War Memorial Roll of Honour as follows:

i.      Rank | Surname | First Name in Full | Middle Initials | Military Awards

Substitute motion

Council resolution

That Council:

b.     Approve that all three designs go out for public consultation requesting, not only feedback, but input into the potential modifications.

The division was declared carried by 8 votes to 5 votes, the voting being as follows:

For:                 Councillors Boag, Brosnan, Dallimore, Jeffery, McGrath, Tapine, Wise and Wright

Against:         Mayor Dalton, Councillors Hague, Price, Taylor and White

Substitute motion

Council resolution

That Council:

c.     Approve external signage Option two placement in the forward-most centre of the building forecourt as demarcation of the War Memorial Centre as a site of significance; and that the words ‘Napier War Memorial Centre’ be placed on the external curved wall of the ballroom, and that the name be returned to the building by 1 October 2018.

At the meeting

No discussion was held on this item.

Council resolution

a.     That the amended fees of $1,040 + GST for 15mm water connections contained in the Schedule of Fees and Charges for 2018/19 be updated and approved

At the meeting

The low carry forward amount was commended.

Council resolution

a.     To approve the carry forward of projects in progress funded from prior years in the capital plan of the Napier City Council Long Term Plan 2018-2028.

At the meeting

In response to questions from Councillors it was noted that the process requires the adoption of the underlying documents prior to adopting the Long Term Plan.

Council resolution

That Council:

a.     Adopt the amended Capital Plan, Financial Strategy, Infrastructure Strategy, Significant planning assumptions and Council policies for inclusion in the Napier City Council Long Term Plan 2018-28.

At the meeting

No discussion was held on this item.

Council resolution

That Council:

a)      Resolve that the Development and Financial Contributions policy be adopted to be effective 1 July 2018.

At the meeting

The Mayor introduced the item, acknowledging that this marks the end of a very long process that commenced a year ago with public pre-consultation. Council received 812 submissions, the highest ever received by Napier. The Long Term Plan (LTP) outlines Council’s intentions at this point in time, and as Council progresses through the delivery of these projects, multiple other decision points will be reached. 

The LTP has received an unqualified Audit opinion; if any changes of significance are now resolved, Council would be required to undertake an amendment to the LTP. This would result in further consultation, which would be unlikely to commence before early 2019.

A minor amendment was made to the officer’s recommendation, noting that adoption of the LTP included the minor changes from Audit New Zealand.

Councillors discussed the LTP, highlighting the major projects, and noting the following points:

·         This LTP is an ambitious work programme - $534Million capital programme, with infrastructure as Council’s highest priority and a clear focus on environment, water and community needs.

·         This LTP commits Council to protecting the Estuary and its surrounds through the Ahuriri Masterplan.

·         The National Aquarium of New Zealand expansion is an exciting project; however, an exit strategy is available to Council should external funding not be attained.

·         The need for chlorination in Napier’s drinking water was acknowledged. Council are pleased to be able to offer an alternative to the community through de-chlorinated water stations.

·         This Council does not appear to have an appetite to sell community housing.

·         It is important to adopt the LTP today to allow these projects to get underway.

·         Differing views were expressed by Councillors in relation to the proposed aquatic centre, specifically around the new location and information provided to Councillors.

·         Council has received information including seminars etc. to overcome any areas of concern regarding the aquatic centre.

·         A number of Councillors expressed concerns but advised they were prepared to support the adoption of the LTP, subject to the advice given to them by management that gateways will be available to them along the way, to seek further information and make changes, where required.

·         One councillor expressed specific concerns around what this LTP signals to Napier’s population, especially lower income earners.

1.0        

Officer’s Recommendation

a.     That Council adopt the Long Term Plan 2018 – 2028 in accordance with the Local Government Act 2002.

b.     That the submitters be advised of the Council’s responses in relation to their submission.

Substitute motion

Council resolution

a.     That Council adopt the Long Term Plan 2018 – 2028 in accordance with the Local Government Act 2002, subject to minor changes from Audit New Zealand.

b.     That the submitters be advised of the Council’s responses in relation to their submission.

Councillor Tapine against.

Approved and adopted as a true and accurate record of the meeting.

Chairperson .............................................................................................................................

Date of approval ......................................................................................................................

Present

The Mayor (In the Chair), Councillors Boag, Brosnan, Hague, Jeffery, McGrath, Price, Tapine, Taylor, White, Wise and Wright

In Attendance

Chief Executive, Chief Financial Officer

Administration

Governance Team

Council resolution

That the apology from Councillor Dallimore be accepted.

Council resolution

That Council:

a.     Resolve that the Napier City Council set the following rates under the Local Government (Rating) Act 2002, on rating units in the city for the financial year commencing on 1 July 2018 and ending on 30 June 2019, and that all such rates shall be inclusive of Goods and Services Tax (GST).

(A)   GENERAL RATE

A general rate set under Section 13 of the Local Government (Rating) Act 2002 made on every rating unit, assessed on a differential basis on the rateable land value to apply to the Differential Groups and Differential Codes as follows:

(B)   UNIFORM ANNUAL GENERAL CHARGE

A Uniform Annual General Charge of $380.00 per separately used or inhabited part of a rating unit for all rateable land (except that under Differential Code 3.3.8), set under Section 15 of the Local Government (Rating) Act 2002.

A nil UAGC will apply for land included in 3.3.8.

(C)   WATER RATES as follows:

1.     Fire Protection Rate

A targeted rate for fire protection, set under Section 16 of the Local Government (Rating) Act 2002 on a differential basis and on the rateable capital value on every rating unit connected to either the City Water Supply System, or the Bay View Water Supply System, such rates to apply to the Differential Groups and Differential Codes as follows:

A nil rate will apply for land included in 3.3.7 and 3.3.8.

The following rate will apply on the rateable capital value for those rating units not connected to either the City water supply system or the Bay View water supply system, but located within 100 metres of either system.

A nil rate will apply for land included in 3.3.7 and 3.3.8.

2.     City Water Rate

A targeted rate for water supply, set under Section 16 of the Local Government (Rating) Act 2002 as a fixed amount on a uniform basis, applied to each separately used or inhabited part of a rating unit connected to the City water supply system, such rate to apply as follows:

A nil rate will apply for land included in 3.3.7 and 3.3.8.

The following rate will apply for each rating unit not connected to the City water supply system but located within 100 metres of the system.

A nil rate will apply for land included in 3.3.7 and 3.3.8.

3.     Bay View Water Rate

A targeted rate for Water Supply, set under Section 16 of the Local Government (Rating) Act 2002 as a fixed amount on a uniform basis, applied to each separately used or inhabited part of a rating unit connected to the Bay View water supply system, such rate to apply to the Differential Groups as follows:

The following rate will apply for each rating unit not connected to the Bay View water supply system but located within 100 metres of the system:

4.     Water by Meter Charge

A targeted rate for water supply, set under Section 19 of the Local Government (Rating) Act 2002, on a differential basis per cubic metre of water consumed after the first 300m³ per annum, to all metered rating units as follows:

(D)   REFUSE COLLECTION AND DISPOSAL RATE

A targeted rate for refuse collection and disposal, set under Section 16 of the Local Government (Rating) Act 2002 as a fixed amount on a uniform basis, applied to each separately used or inhabited part of a rating unit, for which a weekly rubbish collection service is available, with the rate being 2 or 3 times the base rate for those units where 2 or 3 collections per week respectively is available.  The rate to apply as follows:

A nil rate will apply for land included in 3.3.7 and 3.3.8.

(E)   KERBSIDE RECYCLING RATE

A targeted rate for Kerbside Recycling, set under Section 16 of the Local Government (Rating) Act 2002 as a fixed amount on a uniform basis, applied to each separately used or inhabited part of a rating unit for which the Kerbside recycling collection service is available, such rate to apply as follows:

(F)   SEWERAGE RATE

A targeted rate for sewerage treatment and disposal, set under Section 16 of the Local Government (Rating) Act 2002 as a fixed amount on a uniform basis, applied to each separately used or inhabited part of a rating unit connected to the City Sewerage system (including the Bay View Sewerage Scheme), such rate to apply as follows:

A nil rate will apply for land included in 3.3.7 and 3.3.8.

The following rate will apply for each rating unit (excluding Bay View properties) not connected to the City Sewerage system but located within 30 metres of the system.

A nil rate will apply for land included in 3.3.7 and 3.3.8.

The following rate will apply for each rating unit located within the Bay View Stage 1 urban drainage area not connected to the sewerage system but located within 30 metres of the system.

(G)   BAY VIEW SEWERAGE CONNECTION RATE

A targeted rate for Bay View Sewerage Connection, set under Section 16 of the Local Government (Rating) Act 2002 as a fixed amount on a uniform basis, applied to each separately used or inhabited part of a rating unit connected to the Bay View Sewerage Scheme, where the lump sum payment option was not elected, such rate to apply to the Differential Groups as follows:

(H)   OFF STREET CARPARKING RATE

A targeted rate to provide funding for additional off street carparking in the Central Business District, Taradale and Suburban Shopping and commercial areas and to maintain existing offstreet parking areas in suburban shopping and commercial areas, set under Section 16 of the Local Government (Rating) Act 2002 on a differential basis and on the rateable land value, to apply to rating units in the Central Business District, Taradale Suburban commercial area, and other suburban shopping centres and commercial properties located in residential areas which are serviced by Council supplied offstreet parking, such rate to apply to the Differential Groups and Differential Codes as follows:

(I)    CBD PROMOTION RATE

A targeted rate to fund at least 70% of the cost of the promotional activities run by the Napier City Business Inc, set under Section 16 of the Local Government (Rating) Act 2002, and applied uniformly on the rateable land value of all rating units in the area defined as the Central Business District, such rate to apply to applicable properties within the Differential Groups and Differential Codes as follows:

(J)   TARADALE PROMOTION RATE

A targeted rate to fund the cost of the Taradale Marketing Association’s promotional activities, set under Section 16 of the Local Government (Rating) Act 2002 and applied uniformly on the rateable land value of all rating units in the Taradale Suburban Commercial area, such rate to apply to the Differential Groups and Differential Codes as follows:

(I)    SWIMMING POOL SAFETY RATE

A targeted rate to fund the cost of pool inspections and related costs, set under Section 16 of the Local Government (Rating) Act 2002, as a fixed amount on every rating unit where a swimming pool or small heated pool (within the meaning of the Building (Pools) Amendment Act 2016) is located, of $50 per rating unit.

DIFFERENTIAL CATEGORIES

For each of the rates outlined in A to J above, the description of the Differential Groups applying is:

1.     City Residential Properties

2.     Commercial and Industrial Properties

3.     Miscellaneous Properties (e.g. schools and kindergartens, churches, non-profit organisations, halls, private hospitals, etc)

(Council properties (other than leased) are included in 3.3.7 and 3.3.8)

4.     Ex-City Rural Areas (i.e. part of Napier City prior to 1.11.89)

5.     Other Rural Areas

6.     Bay View Differential Rating Area

Full description of the differential groups and differential codes is contained in the 2018-28 Long Term Plan.

For the purpose of calculating the General Rate, the differential factor applying for each category is:

DUE DATES FOR PAYMENT OF RATES

Instalment Rating

That rates other than water by meter charges are due and payable in four equal instalments as follows:

Instalment 1                   due 22 August 2018

Instalment 2                   due 21 November 2018

Instalment 3                   due 20 February 2019

Instalment 4                   due 22 May 2019

Water by Meter Charges

That water by meter charges are due for payment by the 20^th of the month after the month of invoice as follows:

Metered Domestic Supplies   - Invoiced annually

-      June 2019, due 20 July 2019

Non-Domestic Supplies   - Invoiced quarterly

-      September 2018, due 20 October 2018

-      December 2018, due 20 January 2019

-      March 2019, due 20 April 2019

-      June 2019, due 20 July 2019

PENALTIES

That pursuant to Sections 57 and 58 of the Local Government (Rating) Act 2002 a penalty of 10 per cent is added to each instalment or part thereof which is unpaid 2 full working days after the due date for payment. Previous years rates which remain unpaid will have a further 10 per cent added 2 full working days after the due date for instalments one and three.

Approved and adopted as a true and accurate record of the meeting.

Chairperson .............................................................................................................................

Date of approval ......................................................................................................................