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Ordinary Meeting of Council - 30 October 2018 - Attachments
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Item 2 Attachments a |
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Meeting Date: |
Tuesday 30 October 2018 |
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Time: |
3.00pm |
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Venue: |
Council Chamber |
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Council Members |
Acting Mayor White (In the Chair), Councillors Boag, Brosnan, Dallimore, Hague, Jeffery, McGrath, Price, Tapine, Taylor and Wise |
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Officer Responsible |
Chief Executive |
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Administrator |
Governance Team |
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Next Council Meeting
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Ordinary Meeting of Council - 30 October 2018 - Open Agenda
ORDER OF BUSINESS
Apologies
Mayor Dalton and Councillor Wright
Conflicts of interest
Public forum
Nil
Announcements by the Acting Mayor
Announcements by the management
Confirmation of minutes
That the Draft Minutes of the Ordinary Meeting of Council held on Tuesday, 18 September 2018 be confirmed as a true and accurate record of the meeting.......................................................................... 115
Agenda items
1 Adoption of Annual Report 2017/18................................................................................ 4
2 Plan Change 12 - Mission Special Character Zone Recommendation Report from Independent Commissioners .............................................................................................................. 6
3 Council Meeting Schedule 2019.................................................................................... 62
4 Omarunui Refuse Landfill Joint Committee Minutes...................................................... 67
Reports / Recommendations from the Standing Committees
Reports from Māori Consultative Committee held 23 October 2018............................... 74
Reports from Strategy and Infrastructure Committee held 2 October 2018
1 Amendment of Resolution - War Memorial Consultation Options (Decision of Council). 75
2 Easter Sunday Trading Policy (Decision of Council)...................................................... 77
3 District Plan Review - pre-engagement strategy............................................................ 79
4 Parking Control Change - Upper Tiffen Car Park........................................................... 80
5 Road Stopping - Edwardes Street................................................................................. 81
Reports from Audit and Risk Committee held 11 October 2018
1 Health and Safety Report.............................................................................................. 83
2 Risk Management Report ............................................................................................ 85
Reports from Finance Committee held 16 October 2018
1 Whakarire Revetment Funding Proposal....................................................................... 86
2 Capital Project Funding Bought Forward....................................................................... 88
3 Road Stopping - land corner of Geddis & Longfellow Avenue....................................... 89
4 Powerco Gas Pipeline - Grant of Easement and Concession........................................ 90
5 HB Museums Trust Annual Report................................................................................ 92
Reports from Community Services Committee held 16 October 2018
1 Library Site Project Steering Group - Terms of Reference............................................. 93
2 Draft Library Strategy - Public Feedback....................................................................... 94
Reports under delegated authority
1 Official Information Requests........................................................................................ 95
2 Tenders Let................................................................................................................ 105
3 Resource Consents.................................................................................................... 107
4 Documents Executed Under Seal............................................................................... 111
Public excluded ........................................................................................................... 112
Ordinary Meeting of Council - 30 October 2018 - Open Agenda Item 1
1. Adoption of Annual Report 2017/18
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Type of Report: |
Legal |
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Legal Reference: |
Local Government Act 2002 |
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Document ID: |
633469 |
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Reporting Officer/s & Unit: |
Caroline Thomson, Chief Financial Officer |
1.1 Purpose of Report
To present the Napier City Council Annual Report 2017/18 for adoption by Council.
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That Council: a. Adopt the Annual Report for Napier City Council for 2017/18 subject to any grammatical and minor changes and any changes due to the requirements of the audit process.
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That the Council resolve that the officer’s recommendation be adopted. |
1.2 Background Summary
Under the Local Government Act 2002, each annual report must be completed and adopted, by resolution, within four months after the end of the financial year to which it relates.
The Annual Report for Napier City Council for the year ended 30 June 2018 is contained in Attachment A. The statements are presented in a format to meet the requirements of the appropriate legislation.
The audit of the Council’s annual finances will be completed by the date of this meeting and the audit opinion will be tabled at the meeting.
The Audit and Risk Committee at their meeting on 11 October 2018 recommended that Council adopt the Annual Report subject to any changes arising from the completion of the audit review.
1.3 Issues
No issues.
1.4 Significance and Engagement
N/A
1.5 Implications
Financial
N/A
Social & Policy
N/A
Risk
N/A
a Annual Report 2017/18 (Under Separate Cover) ⇨
Ordinary Meeting of Council - 30 October 2018 - Open Agenda Item 2
2. Plan Change 12 - Mission Special Character Zone Recommendation Report from Independent Commissioners
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Type of Report: |
Legal and Operational |
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Legal Reference: |
Resource Management Act 1991 |
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Document ID: |
658024 |
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Reporting Officer/s & Unit: |
Kim Anstey, Planner Policy/Analyst Dean Moriarity, Team Leader Policy Planning |
2.1 Purpose of Report
To consider and to make a decision as to whether to accept the recommendation of the Independent Commissioners appointed to hear Plan Change 12 – Mission Special Character Zone.
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That Council: a. Adopt Plan Change 12 as notified, as per the Commissioners Recommendation Report (Appendix A), except where it is to be amended as shown in Appendix 2 of the Recommendation Report.
b. Accept or Reject all submissions on Plan Change 12 to the extent set out in the Commissioners Recommendation Report and as summarised in Appendix 1 of the Report.
c. Give notice of its decision on submissions to Plan Change 12 pursuant to Clause 10 of the First Schedule of the Resource Management Act 1991.
d. Authorise Officers to update the City of Napier District Plan in accordance with the adoption of the Commissioners recommendations in relation to the plan change and the submissions received on it.
e. Authorise Officers to publicly notify the date on which Plan Change 12 – Mission Special Character Zone becomes operative in accordance with the requirements of the Resource Management Act 1991, if there are no appeals once the appeal period expires.
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That the Council resolve that the officer’s recommendation be adopted. |
2.2 Background Summary
On the 17th and 18th of September, independent Commissioners, Mark St Clair and Ruaru Kirirkiri conducted a hearing to hear, consider, and make recommendations to Council on submissions to Plan Change 12 – Mission Special Character Zone. The Resource Management Act precludes Council from delegating the decision making function around District Plan policy to another body or person. Therefore, the Independent Commissioners can only legally make a recommendation to Council.
At the hearing, the Commissioner’s heard from eight submitters. In considering all the information before them, the Commissioners have recommended that Napier City Council approves and adopts Plan Change 12 as notified, except where it is to be amended as shown in Appendix 2 of the Recommendation Report. They further recommend that all submissions on the Plan Change be accepted or rejected to the extent set out in the Recommendation Report and as summarised in Appendix 1 of the report. A full copy of the Independent Commissioners Recommendation Report is attached as Appendix A.
The Commissioner’s final recommendations are presented to the Council for final consideration. The Council may accept or reject the recommendations of the Commissioner. In practice, if the Council does not accept and adopt the recommendations either in whole or in part, or if the Council wished to modify the recommendations, then the Council should arrange to rehear the matters in accordance with the principles of natural justice.
A note from Brookers annotated Resource Management Act 1991 explains the situation:
“S34.04 Natural Justice
Where a Council has delegated to a committee, community board, commissioner, or officer power to hear a matter but must itself make the decision, care needs to be taken if the Council is not minded to adopt the recommendations of the delegate which heard the application. The Council should then itself hear the application and any objections, either by viva voce rehearing or, where an adequate report of the hearing by the delegate is available, by members of the Council examining that report. It would infringe natural justice for members of a Council to participate in a decision on an application which differs from that recommended by the delegate which heard the matter unless they have themselves ‘heard’ the application and any objection. See Jeffs v NZ Dairy Board [1967] NZRL 1057 (PC).”
It is recommended that the Council adopt the Commissioners recommendations and reasons. This will then enable Officers to issue those recommendations as decisions of Council to the submitters. It is also recommended that Council adopt those parts of Plan Change 12 not affected by submissions or the recommendations of the Independent Commissioner.
2.3 Issues
The recommendation report from the Independent Commissioners addresses all relevant issues raised by the submitters and concurs with the Officer’s report and recommended changes that were made as a response to the issues raised during the submission and hearing process. The following provides a summary of the key issues raised at the hearing and decisions recommended to address these issues. Overall, the recommendation from the Commissioners in relation to the issues raised by the submitters have resulted in achieving a better outcome for the plan change.
Cultural
Submissions from Te Taiwhenua o te Whanganui ā Orotū, Ngāti Pārau and Historic Places Hawke’s Bay requested a Cultural Impact Assessment (CIA) be undertaken to inform the plan change. Two CIA reports were commissioned to represent the interests of the hapū with overlapping traditional boundaries within the plan change area. Both reports provided support of the plan change providing cultural values are recognised within the development and cultural protocols are adhered to for identifying and protecting sites of cultural significance.
The CIA reports mandated officers to recommend changes to the proposed plan change in the form of a revised objective, a new policy and a new Design Outcome. These changes are to ensure the relationship of mana whenua with their culture and traditions with their ancestral lands will be recognised and provided for in accordance with Section 6(e) of the Resource Management Act. Options for recognising cultural values have been listed and include: possible gifting of street and reserve names, erection of cultural art in the reserves, acknowledgement of stories in the form of memorial or plaques and the use of locally sourced fruiting and flowering native plants.
Esplanade Reserves
The District Plan requirement for obtaining a 20m esplanade reserve along the Taipo Stream at the time of subdivision was the subject of discussion between the landowner, the Hawke’s Bay Regional Council and Napier City Council. The notified plan change included the requirement of a 6m easement along the Taipo Stream for stormwater management purposes. This was as a substitution to a full 20m esplanade reserve owing to the continued productive land uses and the health and safety concerns of providing public access through a working vineyard. However, this would have negated any future options of gaining an esplanade reserve if the land use was to change in the future. In addition, the Heretaunga Plains Rivers Control and Flood Drainage Scheme and powers under the Local Government Act 2002 allow the HBRC to undertake stream maintenance on this section of the Taipo Stream without the need for a 6m easement.
A new rule was agreed on by the three parties that negates the need to provide a 6m easement on subdivision but provides for an esplanade reserve if land use is to change away from rural uses. The rule will also ensure a 20m Esplanade Reserve is acquired on subdivision within the Rural Residential precinct (Church Road frontage) where the health and safety concerns around public access through a working vineyard do not exist.
Visual Amenity
Puketitiri Road
The residents at 164 Puketitiri Road are concerned with the loss of rural views and associated southern outlook from the submitter’s property. The submitters concerns focused on the loss of the 1500m² larger lot size provisions in the existing Western Hills Residential Zone (Development Area B of District Plan Appendix 26 – Concept Plan) and the details of the Puketitiri Road Buffer Strip Reserve.
The proposed plan change replaced the larger lot size provision on the outskirts of the existing zoning with a buffer strip reserve designed to mitigate visual effects on the development as viewed from Puketitiri Road. Questions were raised on the timing and planting of this Reserve. As a result, Design Outcome 11 has been modified to ensure a sufficient level of information be supplied to Council in relation to the landscaping requirements of the reserve at the time of subdivision.
In regards to timing, the design outcomes provide an assessment criteria framework to give assurance that the Puketitiri Rd Buffer Strip is planted prior to the issue of s224(c) certification. The intended outcome of these amendments is greater clarification on the reserve requirements that is to be designed to reduce the prominence of the residential precinct as viewed from Puketitiri Rd.
Rural Residential Precinct Design Manual
A resident that borders the southern boundary of the Mission Special Character Zone raised rural amenity concerns and landscape effects from the number, location and density of houses in the rural residential precinct as viewed from the South. The decision issued provides for a new design outcome that introduces a Design Manual and Design Review process for the Rural Residential Precinct. This recommendation will ensure the plan change more effectively responds to the significant landscape features identified and recommended for the ‘Western Hills’ in the Napier Landscape Assessment Report (July 2009).
Rural residential development is likely to occur in areas of greater landscape significance within this precinct such as on high points, ridgelines and areas adjacent to the residential precinct where a design manual already applies. The recommendation of a design manual and review process on titles as a method of managing the visual amenity issues in an area identified as a significant landscape feature is deemed appropriate to meet the our obligations under the RMA, the Mission Special Character Zone objectives and existing objectives and policies of the Napier District Plan.
Stormwater
Concern over the discharge of stormwater was raised during the public notification and hearing. The Regional Council, as the relevant consenting authority, have determined that there will be no adverse environmental effects that are more than minor associated with the proposed low-impact stormwater solution. Hawke’s Bay Regional Council have now issued a Resource Consent - Discharge Permit (DP180163L granted 21 May 2018) to divert and discharge stormwater as a controlled activity under the Regional Resource Management Plan for a consent duration of 30 years. Given that a discharge permit has been issued, there is now no impediment associated with the discharge of stormwater for the applicant to seek subdivision of the land, assuming the plan change becomes operative.
2.4 Significance and Engagement
Plan changes are processed in accordance with the requirements of the Resource Management Act and engagement (both informal and formal) with the community was undertaken as part of this statutory process.
2.5 Implications
Financial
The plan change has been processed from operational budgets.
The local on-site costs of development of the proposed Mission Special Character Zone will be met by the developer. Financial costs for Council for the on-going maintenance of the assets once they have been vested will be funded through the increased rating base facilitated by this plan change.
Social & Policy
Should Council choose to adopt the recommendations and issue them as decisions of Council, the District Plan will be updated in accordance with the Independent Commissioner’s recommendations.
Risk
Any submitter has the legal right to appeal a decision of Council to the Environment Court and as such this particular risk cannot be mitigated. The main risk to Council is if it decides not to adopt the Commissioner’s recommendations as this would require a new hearing to be undertaken.
2.6 Options
The options available to Council are as follows:
a. Adopt the recommendations of the Independent Commissioner and issue them as decisions of Council.
b. Not to adopt the recommendations of the Independent Commissioner and have a rehearing to reconsider the issues raised by submitters.
2.7 Development of Preferred Option
The preferred option is to adopt the recommendations of the Independent Commissioner and issue them as decisions of Council.
a Commissioners Recommendation Report - Plan Change 12 ⇩
Ordinary Meeting of Council - 30 October 2018 - Open Agenda Item 3
3. Council Meeting Schedule 2019
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Type of Report: |
Operational |
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Legal Reference: |
Local Government Official Information and Meetings Act 1987 |
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Document ID: |
658892 |
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Reporting Officer/s & Unit: |
Deborah Smith, Acting Team Leader Governance |
3.1 Purpose of Report
To provide an updated schedule for Standing Committee and Council meeting for Napier City Council for 2019.
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That Council: a. Endorse the schedule of Standing Committees and Council meetings for Napier City Council for 2019, noting that a new schedule will be drafted following the 2019 Local Government Elections in October 2019. b. Note that additional ordinary, extraordinary and multi-day meetings may be scheduled from time to time in consultation with the Mayor and Chief Executive c. Note that meeting times for other committees and subcommittees will be formally notified as required in accordance with the Local Government Official Information and Meetings Act 1987 and the Local Government Act 2002.
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That the Council resolve that the officer’s recommendation be adopted. |
3.2 Background Summary
At Council’s triennial meeting in 2016, an initial meeting schedule for the 2016-19 period was adopted. Following that time, Council moved out of its Civic Building and agreement was reached with Hawke’s Bay Regional Council that Napier City Council’s formal meetings would be held in the Regional Council Chamber during 2018. At that time, Napier City Council’s meetings were moved to Tuesday afternoons, retaining the start time of 3pm.
A similar agreement has been reached with the Regional Council for 2019 and a meeting schedule for the year has been produced accordingly (refer Attachment A).
Meetings of the Standing Committees and Council will continue to be held on Tuesdays at 3pm.
3.3 Issues
N/A
3.4 Significance and Engagement
N/A
3.5 Implications
Financial
N/A
Social & Policy
It should be noted that following the Local Government election in October 2019, a new meeting schedule will be proposed for the reconvened Council to adopt at its Triennial meeting.
Risk
N/A
3.6 Options
The options available to Council are as follows:
a. To adopt the 2019 meeting schedule.
b. To recommend updates to the proposed meeting schedule prior to adoption.
3.7 Development of Preferred Option
Significant work has been undertaken to identify a schedule that integrates with Hawke’s Bay Regional Council, and which takes account of significant events throughout the year, including the triennial elections. It is recommended that the proposed schedule be adopted.
a Draft meeting schedule 2019 ⇩
4. Omarunui Refuse Landfill Joint Committee Minutes
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Type of Report: |
Information |
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Legal Reference: |
N/A |
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Document ID: |
660110 |
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Reporting Officer/s & Unit: |
Cheree Ball, Governance Advisor |
4.1 Purpose of Report
To present to Council the unconfirmed minutes of the Omarunui Refuse Landfill Joint Committee meeting, held on 5 October 2018.
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That Council: a. Receive the unconfirmed minutes of the Omarunui Refuse Landfill Joint Committee meeting from 5 October 2018.
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That the Council resolve that the officer’s recommendation be adopted. |
4.2 Background Summary
The Omarunui Refuse Landfill Joint Committee met on 5 October 2018, the unconfirmed minutes of this meeting are shown at Attachment A.
4.3 Issues
N/A
4.4 Significance and Engagement
N/A
4.5 Implications
Financial
N/A
Social & Policy
N/A
Risk
N/A
a Omarunui Refuse Landfill Joint Committee Unconfirmed Minutes - 5 October 2018 ⇩
Ordinary Meeting of Council - 30 October 2018 - Open Agenda
REPORTS / RECOMMENDATIONS FROM THE STANDING COMMITTEES
Māori CONSULTATIVE COMMITTEE MEETING - 23 October 2018
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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.
Ordinary Meeting of Council - 30 October 2018 - Open Agenda
Reports from Strategy and Infrastructure Committee held 2 October 2018
1. Amendment of Resolution - War Memorial Consultation Options
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Legal |
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Legal Reference: |
Local Government Official Information and Meetings Act 1987 |
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Document ID: |
636482 |
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Reporting Officer/s & Unit: |
Wayne Jack, Chief Executive |
1.1 Purpose of Report
To recommend the amendment of the part b of the resolution of Council dated 29 June 2018 regarding the Napier War Memorial consultation options.
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Council Resolution Decision made at Strategy & Infrastructure Committee meeting held on 2 October 2018 |
That the Strategy and Infrastructure Committee amend part b of the Council resolution dated 29 June 2018 to the following: a. That Council approve the withdrawal of the Brent Scott design from the community consultation process and replace this with an internal example/concept, that being the design concept prepared by Craig Morley.
b. That the following three design options go out for public consultation, requesting not only feedback but also input into any potential alternative designs or modifications:
a) Option One - Renovation solution Internal to the main Memorial Building b) Option Two – Building solution external to the main Memorial Building c) Option Three - Landscape solution external to the main Memorial Building
c. That Council notes the offer of the video and images of Option One from Mr Morley and agrees that these will be sufficient to include in the consultation without needing to incur additional design costs.
Carried
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2. Easter Sunday Trading Policy
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Legal and Operational |
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Legal Reference: |
Local Government Act 2002 |
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Document ID: |
632729 |
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Reporting Officer/s & Unit: |
Richard Munneke, Director City Strategy Kim Anstey, Planner Policy/Analyst |
2.1 Purpose of Report
A high court decision on 1 August 2018 overturned the current Easter Sunday Trading Policy that allowed shops within the Napier District to open on Easter Sunday. This report is to seek Council approval to re consult on an Easter Sunday Trading Policy. This requires Council to adopt a draft policy, the accompanying Statement of Proposal (Attachment A), and to authorise officers to commence the special consultative procedure.
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Council Resolution Decision made at Strategy & Infrastructure Committee meeting held on 2 October 2018 |
That the Strategy and Infrastructure Committee:
a. Agree the proposed changes to the draft Easter Sunday Trading Policy and Statement of Proposal, as follows:
1. Include in Reason for Proposal section (page 10): Pharmacy and Souvenir Shops, as these are also to be open under the Shop Trading Hours Act 1990.
2. Add in another heading: What would happen if we do not pass this policy? We would return to the situation in which some shops listed above could open and others not.
3. Include in the Religious Beliefs section (page 11): During consultation with the community in 2016 and 2017 on the previous Easter Sunday Trading Policy, Council received feedback from parts of the community that demonstrated concerns with having a policy that removed one of the few remaining days where shops were not legally able to trade. Council is keen to understand the Napier community’s views on this aspect of the policy.
4. That the survey on page 11 of the proposal be removed.
b. Approve the Easter Sunday Trading Policy and Statement of Proposal, with the agreed amendments as set out in Part A.
c. Authorise officers to proceed with public notification through the special consultative procedure as prescribed in Section 83, of the Local Government Act 2002
d. Officers to prepare an engagement plan that is specifically directed to Christian Churches, Unions, Retail and business organisations.
e. Request that council be provided with a full briefing of the High Court ruling by our legal representation
Carried
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3. District Plan Review - pre-engagement strategy
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Procedural |
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Legal Reference: |
Resource Management Act 1991 |
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Document ID: |
634986 |
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Reporting Officer/s & Unit: |
Catherine Reaburn, Senior Policy Planner |
3.1 Purpose of Report
The purpose of this report is for Council to approve the pre-engagement strategy for the District Plan Review (DPR).
4. Parking Control Change - Upper Tiffen Car Park
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Legal |
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Legal Reference: |
Parking Control Bylaw 2014 |
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Document ID: |
603217 |
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Reporting Officer/s & Unit: |
Richard Munneke, Director City Strategy |
4.1 Purpose of Report
To seek council approval to convert the upper floor of Tiffen Car Park from pay and display all day casual parking to leased car parking during the week days (Monday to Friday).
5. Road Stopping - Edwardes Street
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Legal |
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Legal Reference: |
Public Works Act 1981 |
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Document ID: |
634953 |
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Reporting Officer/s & Unit: |
Bryan Faulknor, Manager Property Jenny Martin, Property and Facilities Officer |
5.1 Purpose of Report
To seek a Council resolution to:
a) Declare the service lane described in the Schedule below as being stopped pursuant to Section 116 of the Public Works Act 1981; and
b) Deal with the stopped service lane described in the Schedule pursuant to Section 117(3)(b) of the Public Works Act 1981 by vesting the stopped service lane in the adjoining owner, Eastside Enterprises Limited, and amalgamating the stopped service lane pursuant to Section 120(3) of the Public Works Act 1981 with the land in CFR HBV2/563.
Reports from Audit and Risk Committee held 11 October 2018
1. Health and Safety Report
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Operational |
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Legal Reference: |
Health and Safety at Work Act 2015 |
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Document ID: |
433376 |
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Reporting Officer/s & Unit: |
Sue Matkin, Manager People & Capability |
1.1 Purpose of Report
The purpose of this report is to provide Audit and Risk with an overview of the health and safety performance as at 31st August 2018.
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The Manager People and Capability spoke to the report, noting that in the period to 31 August 2018 there had been one Lost Time Injury (LTI) – the lost time being a couple of days – and an incident involving a contractor at the MTG. Both matters had been followed up with appropriate actions. It was also noted that in the month of September there had been another LTI involving as cleaner, and an incident involving a contractor digging around power cables without the correct permit. The Contractor was issued with a notice and retrained. It is believed that the current lag indicator for LTIs is set at an appropriate level for the organisation. A strong focus is currently being placed on employee health and wellbeing with a number of events being arranged in the months leading up to the December break that will be made available to attend. Other current actions underway include the creation of a central log for all chemicals and their safety information, including the appropriate personal protection equipment to use if handling. Council has performed well in the recent Health and Safety related audits undertaken. Specific attention is not currently given to supporting Local Government staff through difficult interactions with the public; however this may be addressed indirectly through some of the wellness programmes underway. Although all new staff are drug tested prior to beginning work, this is not a requirement for Elected Members. Council would have to resolve that they wished to undertake the same testing as staff for this to be implemented.
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Councillors Wise / Hague a. That the committee receive the report.
Carried
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Information |
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Legal Reference: |
N/A |
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Document ID: |
433390 |
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Reporting Officer/s & Unit: |
Ross Franklin, Consultant Rachael Horton, Manager Business Excellence & Transformation |
2.1 Purpose of Report
To provide the Audit and Risk Committee (Committee) with an update on progress with risk management work and to report on the highest rated risks.
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The acting risk manager spoke to the report, noting that there are two new risks for the last period: reliance on a sole contractor for waste management, and the strategic risk that in the time that the organisation is moving to full maturity in its risk management that not all risks may be covered despite all best efforts. A review of existing risks and mitigations is underway to ensure that all are still relevant. It was noted that Pandora Pond remains an extreme risk due to the serious nature of the possible consequences. Further signage has been erected as part of the mitigating actions. It is only a risk as it is a recreational space that Council provides equipment for. The Committee requested that an update on the risk roadmap be brought to its next meeting.
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Councillors Taylor / Wise 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 24 September 2018.
Carried
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Reports from Finance Committee held 16 October 2018
1. Whakarire Revetment Funding Proposal
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Legal |
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Legal Reference: |
Local Government Act 2002 |
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Document ID: |
631017 |
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Reporting Officer/s & Unit: |
Richard Munneke, Director City Strategy |
1.1 Purpose of Report
To consider funding options and obtain approval from Council on the public/private funding split for the Whakarire revetment.
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At the Māori Consultative Committee meeting It was advised that this project is one of a suite of projects intended to address future erosion; it involved identifying what benefits will be experienced from the revetment (retaining structure) and who by, then deciding how the funding will be split across public and private beneficiaries.
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Māori Consultative Committee's recommendation Deputy Mayor White / Councillor Tapine That the Council resolve that the Committee’s recommendation be adopted. Carried
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Committee's recommendation Mayor Dalton / Councillor Dallimore That the Finance Committee: a. Leave the Officer’s recommendation for this item on the table for further discussion at the Council meeting on 30 October 2018, that being:
That the Finance Committee: a. Approve, in principle, funding option for the revetment works at Whakarire Avenue in accordance with Section 101(3) of the Local Government Act. b. And that options of funding by general rate or UAGC be identified for consideration. c. And that consultation be undertaken as appropriate. This would comprise informal consultation on a proposed funding option as per part a above, culminating in formal consultation as part of the 2019/20 Annual Plan process. Carried
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2. Capital Project Funding Bought Forward
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Procedural |
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Legal Reference: |
N/A |
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Document ID: |
653014 |
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Reporting Officer/s & Unit: |
Adele Henderson, Director Corporate Services |
2.1 Purpose of Report
To seek approval from Council to bring forward funding in the Long Term Plan 2019/20 budget relating to the Park Island Redevelopment into 2018/19 to complete the earthworks required for the Hawkes Bay Rugby Union complex at Park Island due to be started February 2019.
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At the Māori Consultative Committee meeting There was no discussion on this item.
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Māori Consultative Committee's recommendation Deputy Mayor White / Councillor Tapine That the Council resolve that the Committee’s recommendation be adopted. Carried
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Councillors Taylor / Price The Finance Committee: a. Approve $400,000 to be brought forward from the Long Term Plan 2019/20 budget for the Park Island Redevelopment (Loan funded) to accommodate earthworks required to progress the Hawkes Bay Rugby Union complex at Park Island due to start February 2019
Carried
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3. Road Stopping - land corner of Geddis & Longfellow Avenue
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Legal |
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Legal Reference: |
Local Government Act 1974 |
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Document ID: |
637186 |
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Reporting Officer/s & Unit: |
Bryan Faulknor, Manager Property Jenny Martin, Property and Facilities Officer |
3.1 Purpose of Report
To obtain Council approval to initiate the road stopping process in accordance with the 10th Schedule of the Local Government Act 1974, and subsequent sale of approximately 188m2 of current legal road on the corner of Geddis and Longfellow Avenue, to Ahuriri District Health.
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At the Māori Consultative Committee meeting It was advised that the physical works are intended to be completed as soon as possible to support Ahuriri District Health.
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Māori Consultative Committee's recommendation Deputy Mayor White / Councillor Tapine That the Council resolve that the Committee’s recommendation be adopted. Carried
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Councillors Boag / Tapine The Finance Committee: a. Recommend pursuant to Section 342 of the Local Government Act 1974, to initiate the stopping of approximately 188m2 of legal road, on the corner of Geddis and Longfellow Avenue and adjacent to 65 Geddis Avenue, in accordance with the Tenth Schedule to the Local Government Act 1974. b. Recommend that upon completion of the Tenth Schedule stopping process, the stopped road is sold to Ahuriri District Health (a Charitable Trust) at a peppercorn sale price of one dollar plus all associated legal, survey and advertising costs.
Carried
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4. Powerco Gas Pipeline - Grant of Easement and Concession
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Legal and Operational |
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Legal Reference: |
Reserves Act 1977, Conservation Act 1987 |
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Document ID: |
641344 |
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Reporting Officer/s & Unit: |
Bryan Faulknor, Manager Property |
4.1 Purpose of Report
a. To obtain Council’s approval to grant a concession in the form of an easement to Powerco Limited to use reserve land to convey gas by way of a pipeline.
b. To also obtain Council’s approval to grant an easement to Powerco to use non reserve fee simple land owned by Council for the same purpose.
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At the Māori Consultative Committee meeting It was clarified that there will not be any ecological impacts on the wildlife reserve from the easement – the utilities are already located underground.
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Māori Consultative Committee's recommendation Deputy Mayor White / Councillor Tapine That the Council resolve that the Committee’s recommendation be adopted. Carried
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Councillors Price / Wright The Finance Committee: a. Pursuant to Section 48 of the Reserves Act 1977, approve the granting of a concession in the form of an easement to Powerco Limited to convey gas under the reserve land described in Schedule 1 below. b. Approve the granting of an easement to Powerco Limited to convey gas under the fee simple land owned by Council as described in Schedule 2 below. SCHEDULE 1
SCHEDULE 2
Carried
|
5. HB Museums Trust Annual Report
|
Legal |
|
|
Legal Reference: |
Local Government Act 2002 |
|
Document ID: |
650777 |
|
Reporting Officer/s & Unit: |
Chris Denby, Finance Accountant |
5.1 Purpose of Report
To provide Napier City Council with the Hawke’s Bay Museums Trust Annual Report for the year ending 30 June 2018.
|
At the Māori Consultative Committee meeting There was no discussion on this item.
|
|
Māori Consultative Committee's recommendation Councillors Prentice / Tapine That the Council resolve that the Committee’s recommendation be adopted. Carried
|
|
Mayor Dalton / Councillor Tapine The Finance Committee: a. Receive the Annual Report of the Hawke’s Bay Museums Trust
Carried
|
Reports from Community Services Committee held 16 October 2018
1. Library Site Project Steering Group - Terms of Reference
|
Operational |
|
|
Legal Reference: |
N/A |
|
Document ID: |
643002 |
|
Reporting Officer/s & Unit: |
Fleur Lincoln, Strategic Planning Lead Natasha Carswell, Manager Community Strategies |
1.1 Purpose of Report
The purpose of the report is to obtain Council approval of the Terms of Reference for the Library Site Project Steering Group.
|
At the Māori Consultative Committee meeting It was advised that the Steering Group included several councillors as well as officers. Important to the assessment of the various possible options is a heritage overview; this is already underway for the Clive Square option.
|
|
Māori Consultative Committee's recommendation Councillor Tapine / Mr Aranui That the Council resolve that the Committee’s recommendation be adopted. Carried
|
|
Councillors Tapine / Boag That the Community Services Committee: a. Approve the Library Site Project Steering Group Terms of Reference.
Carried
|
2. Draft Library Strategy - Public Feedback
|
Operational |
|
|
Legal Reference: |
N/A |
|
Document ID: |
643048 |
|
Reporting Officer/s & Unit: |
Darran Gillies, Libraries Manager |
2.1 Purpose of Report
To advise Council on the process undertaken in developing the Napier Library Strategy and to request approval to release the draft strategy (attachment one) for stakeholder and public feedback prior to adoption by Council.
|
At the Māori Consultative Committee meeting It was agreed that there has already been a significant level of engagement on the Library Strategy, which has led to a well-refined and robust final draft being produced for the current consultation process.
|
|
Māori Consultative Committee's recommendation Councillor Tapine / T Aranui That the Council resolve that the Committee’s recommendation be adopted. Carried
|
|
Councillors Hague / Taylor That the Community Services Committee: a. Approve the release of the draft Napier Library Strategy for stakeholder and public feedback.
Carried
|
Ordinary Meeting of Council - 30 October 2018 - Open Agenda Item 1
Reports Under Delegated Authority
1. Official Information Requests
|
Type of Report: |
Information |
|
Legal Reference: |
Local Government Official Information and Meetings Act 1987 |
|
Document ID: |
659938 |
|
Reporting Officer/s & Unit: |
Cheree Ball, Governance Advisor |
1.1 Purpose of Report
To present the year to date Official Information Request statistics.
|
That Council:
a. Receives the report Official Information Requests for the period 11 September 2018 to 18 October 2018.
|
|
Mayor’s Recommendation That the Council resolve that the officer’s recommendation be adopted.
|
Statistics for Official Information requests received for the year to 18 October 2018 are included in the attached report.
a Official Information Requests for the period 11 September 2018 to 18 October 2018. ⇩
|
Type of Report: |
Information |
|
Legal Reference: |
N/A |
|
Document ID: |
660019 |
|
Reporting Officer/s & Unit: |
Alix Burke, Executive Assistant to the Chief Executive |
2.1 Purpose of Report
To report Tenders let under delegated authority for the period 7 September – 10 October 2018
|
That Council:
a) Receive the Report of Tenders Let for the period 7 September to 10 October 2018. |
|
Mayor’s Recommendation That the Council resolve that the officer’s recommendation be adopted.
|
CONTRACTS OVER $100,000 LET UNDER CHIEF EXECUTIVE/ DIRECTOR INFRASTRUCTURE’S DISCRETION
Contract 1188 Church Road Cycleway
Four tenders were received.
The Engineer’s estimate was $370,000.00.
It was recommended that the tender from Fulton Hogan be accepted in the sum of $352,285.37. This recommendation was approved.
Contract 1194 McLean Park Signage Package 1
Three tenders were received.
The Engineer’s estimate was $91,000.00.
It was recommended that the tender from Sign On be accepted in the sum of $138,510.96. This recommendation was approved.
Contract 1193 McLean Park Signage Package 2
Three tenders were received.
The Engineer’s estimate was $193,460.00.
It was recommended that the tender from Nelson Signs be accepted in the sum of $153,015.10. This recommendation was approved.
Contract 1175 Te Awa Detention Pond
Three tenders were received.
The Engineer’s estimate was $126,900.00.
It was recommended that the tender from Dodge Contracting be accepted in the sum of $170,637.80. This recommendation was approved.
Contract 1132 Western Hills Cemetery Extension Stage 1
Four tenders were received.
The Engineer’s estimate was $268,600.00
It was recommended that the tender from Higgins Contractors be accepted in the sum of $283,637.37. This recommendation was approved.
Ordinary Meeting of Council - 30 October 2018 - Open Agenda Item 3
|
Type of Report: |
Information |
|
Legal Reference: |
N/A |
|
Document ID: |
660020 |
|
Reporting Officer/s & Unit: |
Alix Burke, Executive Assistant to the Chief Executive |
3.1 Purpose of Report
To present the report on Resource Consents issued under delegated authority for the period 30 August – 10 October 2018.
|
That Council a. Receive the report on Resource Consents issued under delegated authority for the period 30 August – 10 October 2018.
|
|
Mayor’s Recommendation That the Council resolve that the officer’s recommendation be adopted.
|
Attached is the report with information on Resource Consents under delegated authority for the period 30 August – 10 October 2018.
a Schedule of Resource Consents Issued 30 August - 10 October 2018 ⇩
4. Documents Executed Under Seal
|
Type of Report: |
Information |
|
Legal Reference: |
N/A |
|
Document ID: |
660057 |
|
Reporting Officer/s & Unit: |
Alix Burke, Executive Assistant to the Chief Executive |
4.1 Purpose of Report
To report of Documents Executed Under Seal for the period 13 September – 18 October 2018.
|
That Council:
a) Receive the Report of Documents Executed Under Seal for the period 13 September to 18 October 2018. |
|
Mayor’s Recommendation That the Council resolve that the officer’s recommendation be adopted.
|
Schedule of Documents Executed Under Seal for the period 13 September to 18 October 2018
|
Date |
Document |
|
24/09/18 |
Encumbrance for 3A Ridgeway Terrace |
|
28/09/18 |
Surrender of Easement, Te Awa Land Development |
|
11/10/18 |
Transfer of Lessees’ interest. 38 Thames St, Napier |
|
18/10/018 |
Easement in Gross – 43 Seddon Crescent, Napier |
Ordinary Meeting of Council - 30 October 2018 - Open Agenda
That the public be excluded from the following parts of the proceedings of this meeting, namely:
New Reports
1. Development civic building site
Reports from Audit and Risk Committee held 11 October 2018
1. Draft Annual Report 2017/18
2. Freeholding
3. Legal update as at 30 June 2018
Reports from Finance Committee held 16 October 2018
1. Proposed Solution to Recycling Service for Napier
2. Leasehold Land Freeholding - Request 1
The general subject of each matter to be considered while the public was excluded, the reasons for passing this resolution in relation to each matter, and the specific grounds under Section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution were as follows:
|
General subject of each matter to be considered. |
Reason for passing this resolution in relation to each matter. That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information where the withholding of the information is necessary to: |
Ground(s) under section 48(1) to the passing of this resolution. 48(1)(a) That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist: |
|
New Reports |
||
|
1. Development civic building site |
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 7(2)(h) Enable the local authority to carry out, without prejudice or disadvantage, commercial activities 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: |
|
Reports from Audit and Risk Committee held 11 October 2018 |
||
|
1. Draft Annual Report 2017/18 |
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: |
|
2. Freeholding |
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: |
|
3. Legal update as at 30 June 2018 |
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: |
|
Reports from Finance Committee held 16 October 2018 |
||
|
1. Proposed Solution to Recycling Service for Napier |
7(2)(h) Enable the local authority to carry out, without prejudice or disadvantage, commercial activities 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: |
|
2. Leasehold Land Freeholding - Request 1 |
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: |
Ordinary Meeting of Council - 30 October 2018 - Open Agenda
Ordinary Meeting of Council
Open Minutes
|
Meeting Date: |
Tuesday 18 September 2018 |
|
Time: |
3.00pm-3.15pm |
|
Venue |
Council Chamber |
|
Present |
The Mayor (In the Chair), Councillors Boag, Brosnan, Dallimore, Hague, McGrath, Price, Tapine, 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 Community Strategies, Waste Minimisation Lead |
|
Administration |
Governance Team |
Apologies
|
Council resolution |
Councillors Wright / Brosnan That the apologies from Councillor White, Councillor Taylor and Councillor Jeffery be accepted. Carried |
Conflicts of interest
Nil
Public forum
Nil
Announcements by the Mayor
Nil
Announcements by the management
Nil
Confirmation of minutes
|
Council resolution |
Councillors Hague / Price That the Draft Minutes of the Ordinary meeting held on 7 August 2018 be confirmed as a true and accurate record of the meeting.
Carried |
Agenda Items
1. Audit and Risk Committee Charter 2018
|
Type of Report: |
Operational |
|
Legal Reference: |
N/A |
|
Document ID: |
617763 |
|
Reporting Officer/s & Unit: |
Adele Henderson, Director Corporate Services |
1.1 Purpose of Report
The Audit and Risk Committee Charter is set to be reviewed every 2 years, and this requires Council approval and adoption.
|
At the Meeting It was noted that the proposed changes are highlighted in the agenda item and further explanatory points will be provided to Councillors for completeness.
|
|
|
Council resolution |
Councillors Wise / Hague That Council: a. Adopt the Audit and Risk Committee Charter dated 18th September 2018. Carried |
2. HB Drinking Water Governance Joint Committee Minutes
|
Type of Report: |
Information |
|
Legal Reference: |
N/A |
|
Document ID: |
625406 |
|
Reporting Officer/s & Unit: |
Cheree Ball, Governance Advisor |
2.1 Purpose of Report
To present to Council the unconfirmed minutes of the HB Drinking Water Governance Joint Committee meeting, held on 15 August 2018.
|
At the Meeting There was no discussion on this item. |
|
|
Council resolution |
Councillors Wise / Price That Council: a. Receive the unconfirmed minutes of the HB Drinking Water Governance Joint Committee meeting from 15 August 2018.
Carried |
REPORTS / RECOMMENDATIONS FROM THE STANDING COMMITTEES
Māori CONSULTATIVE COMMITTEE MEETING - 11 September 2018
|
Council resolution |
Councillors Tapine / Boag That the Māori Consultative Committee Minutes be received. Carried |
Note: The Māori Consultative Committee Recommendations in relation to the Standing Committees items are recorded with each specific item.
Reports from Strategy and Infrastructure Committee held 21 August 2018
1. Marine Parade Traffic Calming - Update
|
Type of Report: |
Information |
|
Legal Reference: |
Enter Legal Reference |
|
Document ID: |
486985 |
|
Reporting Officer/s & Unit: |
Fleur Lincoln, Strategic Planning Lead |
1.1 Purpose of Report
The purpose of the report is to provide Council with a progress update, and to outline the proposed approach moving forward for this project.
|
Māori Consultative Committee's recommendation T Aranui / Councillor Tapine That the Council resolve that the Committee’s recommendation be adopted. Carried
|
|
At the Meeting There was no discussion on this item. |
|
|
Council resolution |
Councillors Price / Dallimore That Council: a. Note the update provided by the Council Officer. Carried |
2. District Plan Review - Project Launch
|
Type of Report: |
Procedural |
|
Legal Reference: |
Resource Management Act 1991 |
|
Document ID: |
603455 |
|
Reporting Officer/s & Unit: |
Dean Moriarity, Team Leader Policy Planning |
2.1 Purpose of Report
The purpose of this report is to follow up on the seminar held with Council on 23 July 2018 regarding initiating a review of the District Plan and for Council to approve ‘in principle’ both the overall strategic direction for the review and the indicative overall process the review of the District Plan will follow.
|
Māori Consultative Committee's recommendation T Aranui / Councillor Tapine That the Council resolve that the Committee’s recommendation be adopted. Carried
|
|
At the Meeting There was no discussion on this item. |
|
|
Council resolution |
Councillors Price / Dallimore That Council: a. Resolve to formally initiate the review of the current District Plan. b. Endorse ‘in principle’ both the overall strategic direction for the review and the indicative overall process the review of the District Plan will follow. Carried |
Reports from Regulatory Committee held 21 August 2018
1. Annual Dog Control Report 2017/18
|
Type of Report: |
Legal |
|
Legal Reference: |
Dog Control Act 1996 |
|
Document ID: |
559263 |
|
Reporting Officer/s & Unit: |
Hayleigh Brereton, Manager Regulatory Solutions |
1.1 Purpose of Report
To present the territorial authority report on dog control policies and practices for the dog control registration year 1 July 2017 – 30 June 2018, 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.
|
Māori Consultative Committee's recommendation Mayor Dalton / T Aranui That the Council resolve that the Committee’s recommendation be adopted. Carried
|
|
At the Meeting There was no discussion on this item. |
|
|
Council resolution |
Councillors Hague / McGrath That Council: a. Adopt the Napier City Council Annual Dog Control Report 2017/18. i. That the report be submitted to the Secretary for Local government and published in accordance with the Dog Control Act 1996. Carried |
Reports from Finance Committee held 4 September 2018
1. Joint Waste Management and Minimisation Plan
|
Type of Report: |
Operational and Procedural |
|
Legal Reference: |
Waste Minimisation Act 2008 |
|
Document ID: |
619564 |
|
Reporting Officer/s & Unit: |
Rhett van Veldhuizen, Waste Minimisation Lead |
1.1 Purpose of Report
The purpose of this report is to obtain a decision from the Council on the adoption of the Joint Waste Management and Minimisation Plan (Plan) 2018-2024.
|
Māori Consultative Committee's recommendation Mayor Dalton / T Aranui That the Council resolve that the Committee’s recommendation be adopted. Carried
|
|
At the Meeting It was noted that the adoption of the Joint Waste Management and Minimisation Plan 2018-24 (Plan) would not adversely affect privately owned providers, as Council is only changing the receptacle and the Plan creates other opportunities for these providers regarding waste management. As green waste is currently being managed efficiently it was decided not to enter this market. In response to questions from Councillors it was clarified that the statistics on plastic bottle collection show no change as a result of chlorination, and work in relation to the de-chlorinated water stations is now underway. |
|
|
Council resolution |
Councillors Tapine / Brosnan That Council: a. Adopt the Joint Waste Management and Minimisation Plan 2018-24 in accordance with section 43 of the Waste Minimisation Act 2008 without further amendment which revokes the previous Joint Waste Management and Minimisation Plan 2012-2018.
b. Delegate to the Joint Council Waste Futures Project Steering Committee the authority to implement updates and changes that may be required due to wider environmental factors, while keeping within the intent of the strategy.
c. Acknowledge the recommendation from the Joint Council Waste Futures Project Steering Committee that additional resource is urgently required to implement the Waste Management and Minimisation Plan. Carried |
2. Joint Waste Futures Steering Committee Unconfirmed Minutes
|
Type of Report: |
Information |
|
Legal Reference: |
N/A |
|
Document ID: |
618626 |
|
Reporting Officer/s & Unit: |
Cheree Ball, Governance Advisor |
2.1 Purpose of Report
To present to Council the unconfirmed minutes of the Joint Council Waste Futures Project Steering Committee meeting, held on 25 July 2018.
|
Māori Consultative Committee's recommendation Mayor Dalton / T Aranui That the Council resolve that the Committee’s recommendation be adopted. Carried
|
|
At the Meeting There was no discussion on this item. |
|
|
Council resolution |
Councillors Tapine / Brosnan That Council: a. Receive the unconfirmed minutes of the Joint Council Waste Futures Project Steering Committee meeting from 25 July 2018. Carried |
3. Coastal Hazards Joint Committee Membership
|
Type of Report: |
Operational |
|
Legal Reference: |
N/A |
|
Document ID: |
621251 |
|
Reporting Officer/s & Unit: |
Deborah Smith, Acting Team Leader Governance |
3.1 Purpose of Report
To seek approval from Council for the nomination of a further member of the Coastal Hazards Joint Committee.
|
Māori Consultative Committee's recommendation Mayor Dalton / T Aranui That the Council resolve that the Committee’s recommendation be adopted. Carried
|
|
At the Meeting There was no discussion on this item. |
|
|
Council resolution |
Councillors Tapine / Brosnan That Council: a. Approve the nomination of Cr Brosnan to the Clifton to Tangoio Coastal Hazards Strategy Joint Committee. Carried |
4. 2018 NRB Survey
|
Type of Report: |
Information |
|
Legal Reference: |
N/A |
|
Document ID: |
619834 |
|
Reporting Officer/s & Unit: |
Steve Gregory, Transformation Lead |
4.1 Purpose of Report
To advise Council on the results of the NRB survey carried out in 2018.
|
Māori Consultative Committee's recommendation Mayor Dalton / T Aranui That the Council resolve that the Committee’s recommendation be adopted. Carried
|
|
At the Meeting There was no discussion on this item. |
|
|
Council resolution |
Councillors Tapine / Brosnan That Council: a. Resolve that the 2018 NRB Survey results be received. Carried |
5. Investment Property Portfolio Policy
|
Type of Report: |
Operational and Procedural |
|
Legal Reference: |
Local Government Act 2002 |
|
Document ID: |
622351 |
|
Reporting Officer/s & Unit: |
Bryan Faulknor, Manager Property |
5.1 Purpose of Report
To seek Council’s approval of a Policy relating to the Investment Property Portfolio (Leasehold Land).
The resolution of Council of 1 June 2018 (as outlined below) required that a divestment, and investment policy for the sale proceeds, is established and approved by Council resolution prior to the release of any leasehold land.
The attached policy has been developed in response to the resolution. It outlines the terms and conditions on which Council may sell non-strategic land included in the portfolio. The policy also provides guidance relating to the investment of the proceeds of sale.
|
Māori Consultative Committee's recommendation Mayor Dalton / T Aranui That the Council resolve that the Committee’s recommendation be adopted. Carried
|
|
At the Meeting It was noted that this decision represents a significant change in Council policy. |
|
|
Council resolution |
Councillors Tapine / Brosnan That Council: a) Approve the Investment Property Portfolio Policy. Carried |
6. Sale of Endowment Land
|
Type of Report: |
Operational and Procedural |
|
Legal Reference: |
Napier Borough Endowments Act 1876, Napier Borough Endowments Amendment Act 1999, Sections 140 and 141 of the Local Government Act 2002 (LGA). Section 40 of the Public Works Act 1981 (PWA). |
|
Document ID: |
622679 |
|
Reporting Officer/s & Unit: |
Bryan Faulknor, Manager Property |
6.1 Purpose of Report
To seek Council’s approval to sell certain land which is subject to the Napier Borough Endowments Act 1876 and is part of Council’s Investment Property Portfolio. Any sale is to be considered on a case by case basis and is subject to the terms and conditions of the Investment Property Portfolio Policy.
|
Māori Consultative Committee's recommendation Mayor Dalton / T Aranui That the Council resolve that the Committee’s recommendation be adopted. Carried
|
|
At the Meeting There was no discussion on this item. |
|
|
Council resolution |
Councillors Tapine / Brosnan That Council: Resolve: a. To allow the sale, after consideration on a case by case basis, of the land included in the schedule below, being endowment land which is subject to the Napier Borough Endowments Act 1876. b. That considerations and process is to comply with Council’s Investment Property Portfolio Policy. c. To record that this decision represents a discretion to be executed by Council on a case by case basis, nothing in this decision represents a right for any person to insist or require Council to sell to them and the sale by Council of any land under this decision does not create precedence or expectation that other land held by Council (whether of a similar nature or not) will be sold. d. That the process requirements set out in Sections 140 and 141 of the Local Government Act 2002 are to be complied with. e. To record that Council has considered the issue of an offer back obligation to the Crown under Section 40 of the Public Works Act 1981. Legal advice has confirmed that in the particular circumstances surrounding the land, there are relevant exceptions to any offer back obligation based on the criteria set out in Section 40(2) and (4) of the Public Works Act 1981, and therefore there is no offer back requirement.
Schedule of land: 48 West Quay Lot 1 DP 478612, CFR664012 40 West Quay Lot 2 DP 4786142, CFR 664012 14 Bridge Street Lot 2 DP 17631, CFR HBK2/1415 16 Bridge Street Lot 1 DP 17631, CFR HBK2/1415 22 Bridge Street Part Town Section 610 Napier, CFR HBC4/1148 9B, 9FD and 9 E Riddell Street Lot 1-2 DP 5357, CFR HBA4/1405 160 Wellesley Road Town Section 569 Town of Napier CFR HB97/42
Carried |
Reports from Community Services Committee held 4 September 2018
1. Community Services Grants - Allocation
|
Type of Report: |
Operational |
|
Legal Reference: |
N/A |
|
Document ID: |
604443 |
|
Reporting Officer/s & Unit: |
Natasha Carswell, Manager Community Strategies |
1.1 Purpose of Report
To assess the adequacy of the current budget allocation for the Community Services Grants scheme and to identify options for any increase.
|
Māori Consultative Committee's recommendation Councillor Tapine / T Aranui That the Council resolve that the Committee’s recommendation be adopted. Carried
|
|
At the Meeting It was noted that this is a significant increase in the amount of funding that will be available to community groups working with those most in need in our community. In response to questions from Councillors the following points were clarified: · The Local Government Cost Index (LGCI) has been applied through the Long Term Plan budget. · LGCI takes multiple factors into consideration including CPI, salary/wages, construction cost etc. and is more favourable than CPI alone. · Pensioners and lower income groups are affected by the use of LGCI as opposed to CPI adjustments. |
|
|
|
Committee’s recommendation The Community Services Committee: a. Increase the allocation to the Community Services Grants scheme using a combination of population and CPI adjustments and increasing the per head allocation to $1.80.
|
|
Substitute motion Council resolution |
Councillors Wright / Boag That Council: a. Increase the allocation to the Community Services Grants scheme to $1.80 per head of population, adjusting the allocation annually based on census data or population projections from 2019/20. Carried |
2. White Night - Provision of Food Trucks
|
Type of Report: |
Procedural |
|
Legal Reference: |
Local Government Act 2002 |
|
Document ID: |
623967 |
|
Reporting Officer/s & Unit: |
Fleur Lincoln, Strategic Planning Lead |
2.1 Purpose of Report
The purpose of this report is to obtain a resolution of Council to allow the sale of food and drink to the public within Herschell Street as part of the White Night event on the 20th October 2018.
|
Māori Consultative Committee's recommendation Councillor Tapine / T Aranui That the Council resolve that the Committee’s recommendation be adopted. Carried
|
|
At the Meeting There was no discussion on this item. |
|
|
Council resolution |
Councillors Wright / Dallimore That Council: a. Resolve to allow the sale of food and drink to the public within Herschell Street at the White Night event on Saturday 20th October 2018. Carried |
3. Youth Policy Review - Public Feedback
|
Type of Report: |
Operational |
|
Legal Reference: |
N/A |
|
Document ID: |
620996 |
|
Reporting Officer/s & Unit: |
Jessica Wilson, Community Advisor |
3.1 Purpose of Report
To advise Council on the process undertaken in reviewing the Youth Policy and to request approval to release the draft Strategy (attachment one) for stakeholder and public feedback prior to adoption by Council.
|
Māori Consultative Committee's recommendation Councillor Tapine / T Aranui That the Council resolve that the Committee’s recommendation be adopted. Carried
|
|
At the Meeting There was no discussion on this item. |
|
|
Council resolution |
Councillors Wright / Dallimore That Council: a. Approve the release of the draft Napier Youth Strategy for stakeholder and public feedback. Carried |
Reports Under Delegated Authority
1. Official Information Requests
|
Type of Report: |
Information |
|
Legal Reference: |
N/A |
|
Document ID: |
631842 |
|
Reporting Officer/s & Unit: |
Cheree Ball, Governance Advisor |
1.1 Purpose of Report
To present the year to date Official Information Request statistics.
|
At the Meeting It was noted that Council is receiving an increased number of official information requests, including an increase in scope of requests. This appears to be a national trend experienced by all councils. In response to questions from Councillors, officers confirmed that costs are being recovered where appropriate. |
|
|
Council resolution |
Councillors Brosnan / Wright That Council:
a. Receives the report Official Information Requests 28 July 2018 to 10 September 2018. Carried |
2. Tenders Let
|
Type of Report: |
Information |
|
Legal Reference: |
N/A |
|
Document ID: |
631835 |
|
Reporting Officer/s & Unit: |
Alix Burke, Executive Assistant to the Chief Executive |
2.1 Purpose of Report
To report Tenders let under delegated authority for the period to 7 September 2018.
|
At the Meeting Council officers were acknowledged for their input and work in relation to the Maggie’s Way Track improvements; this is an exciting development and the response from the Pathways Trust has been positive. |
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Council resolution |
Councillors Brosnan / Wright That Council:
a. Receive the report for Tenders let under delegated authority for the period 26 July 2018 to 7 September 2018. Carried |
3. Resource Consent Applications
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Type of Report: |
Information |
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Legal Reference: |
N/A |
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Document ID: |
631836 |
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Reporting Officer/s & Unit: |
Alix Burke, Executive Assistant to the Chief Executive |
3.1 Purpose of Report
To present the report on Resource Consents issued under delegated authority for the period 26 July – 30 August 2018.
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At the Meeting There was no discussion on this item. |
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Council resolution |
Councillors Brosnan / Wright That Council:
a. Receive the report on Resource Consents issued under delegated authority for the period 26 July – 30 August 2018. Carried |
4. Schedule of Documents Executed Under Seal
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Type of Report: |
Information |
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Legal Reference: |
N/A |
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Document ID: |
631841 |
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Reporting Officer/s & Unit: |
Alix Burke, Executive Assistant to the Chief Executive |
4.1 Purpose of Report
To report of documents executed under Seal for the period 26 July to 12 September 2018.
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At the Meeting There was no discussion on this item. |
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Council resolution |
Councillors Brosnan / Wright That Council:
a. Receive the Report of Documents Executed Under Seal for the period 26 July to 12 September 2018. Carried |
PUBLIC EXCLUDED ITEMS
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Council resolution |
Councillors Price / Dallimore That the public be excluded from the following parts of the proceedings of this meeting. Carried |
Public Excluded - Confirmation of Minutes (no agenda items).
The meeting moved into committee at 3.15pm.
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Approved and adopted as a true and accurate record of the meeting.
Chairperson .............................................................................................................................
Date of approval ...................................................................................................................... |
