Ordinary Meeting of Council

Open Agenda

 

Meeting Date:

Tuesday 11 December 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 5 March 2019

 

 


Ordinary Meeting of Council - 11 December 2018 - Open Agenda

ORDER OF BUSINESS

Apologies

Nil

Conflicts of interest

Public forum

Jenny Pearce – Citizens Advice Bureau Napier

Announcements by the Mayor

Announcements by the management

Confirmation of minutes

That the Draft Minutes of the Ordinary Meeting of Council held on Tuesday, 30 October 2018 be confirmed as a true and accurate record of the meeting............................................................................... 82

That the Draft Minutes of the Extraordinary Meeting of Council held on Friday, 30 November 2018 be confirmed as a true and accurate record of the meeting.......................................................................... 112

Agenda items

1      Hawke's Bay Airport Ltd Annual Report 2018.................................................................. 4

2      Whakarire Revetment Funding Proposal......................................................................... 5

3      Napier Library Site Selection Evaluation Approach....................................................... 10

4      Quarterly Report for the three months ended 30 September 2018................................. 23

5      Terms of Reference for the Clifton to Tangoio Coastal Hazards Strategy Joint Committee 24

6      HB Civil Defence Emergency Management Group Joint Committee - Unconfirmed Minutes    35  

Reports / Recommendations from the Standing Committees

Reports from Māori Consultative Committee held 4 December 2018.............................. 44

Reports from Strategy and Infrastructure Committee held 13 November 2018

1      Compliance with Current Drinking-water Standards for New Zealand - 2017/18............ 45

2      Speed Limit Bylaw Review 2018................................................................................... 46

3      Lease of Reserve - Napier Free Kindergarten Association Incorporated........................ 48

Reports from Regulatory Committee held 13 November 2018

1      Appointment of District Licensing Committee (Decision of Council)............................... 49

2      Napier Christmas Fiesta - Provision of Food Trucks...................................................... 51

Reports from Finance Committee held 27 November 2018

1      Three Waters Review (Decision of Council).................................................................. 52

2      District Plan Review Funding Options........................................................................... 53

3      Budgets to be carried forward to 2018/19...................................................................... 54

4      Rating Outturn Surplus 2017/18.................................................................................... 55

5      Leases of Reserve - Napier Free Kindergarten Association Incorporated...................... 56

6      Fire Hydrant Use Policy 2018........................................................................................ 57

Reports from Community Services Committee held 27 November 2018

1      Library Strategy Consultation Feedback........................................................................ 58

2      Creative Communities Funding September 2018.......................................................... 59

3      Youth Policy Review..................................................................................................... 60

Reports under delegated authority

1      Tenders Let.................................................................................................................. 61

2      Resource Consents...................................................................................................... 63

3      Documents Executed Under Seal................................................................................. 68

4      Official Information Requests........................................................................................ 69

Public excluded ............................................................................................................. 80

 


Ordinary Meeting of Council - 30 November 2018 - Open Agenda                                                                                                                             Item 1

Agenda Items

 

1.    Hawke's Bay Airport Ltd Annual Report 2018

Type of Report:

Procedural

Legal Reference:

Local Government Act 2002

Document ID:

667551

Reporting Officer/s & Unit:

Caroline Thomson, Chief Financial Officer

 

1.1   Purpose of Report

To present to Council the Hawke’s Bay Airport Ltd Annual Report 2018.

 

Officer’s Recommendation

That Council:

a.     Receive the Hawke's Bay Airport Ltd Annual Report 2018.

 

Mayor’s Recommendation

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

1.2   Background Summary

Mr Tony Porter, Chairman and Mr Stuart Ainslie, Chief Executive Hawke’s Bay Airport Ltd, will speak to the Hawke’s Bay Airport Ltd Annual Report 2018, shown at Attachment A.

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

 

1.6   Attachments

a     Hawke's Bay Airport Ltd Annual Report 2018 (Under Separate Cover)   


Ordinary Meeting of Council - 11 December 2018 - Open Agenda                                                                                                                             Item 2

2.    Whakarire Revetment Funding Proposal

Type of Report:

Operational

Legal Reference:

Local Government Act 2002

Document ID:

679075

Reporting Officer/s & Unit:

Caroline Thomson, Chief Financial Officer

 

2.1   Purpose of Report

To obtain approval from Council on the public/private funding split for the Whakarire revetment.

 

Officer’s Recommendation

That Council:

a.     Approve, in principle, a funding option of 97% public and 3% private allocation for the revetment works at Whakarire Avenue in accordance with Section 101(3) of the Local Government Act the Council.

b.     Discuss options of funding by general rate or UAGC with preference to be identified and further details to be brought back to Council for consideration and subsequent community consultation.

c.     Note that consultation will be undertaken as appropriate comprising 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.

 

Mayor’s Recommendation

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

2.2   Background Summary

The matter is lying on the table awaiting further investigation into the private/public benefits and funding options. As a consequence, Council has held a workshop to discuss and explore how a funding split (as prescribed by Section 101 (3) of the Local Government Act) would apply to the Whakarire revetment. At the work shop Council were taken through a questionnaire which outlined the basic steps associated with an assessment under Section 101 (3) LGA and applied these steps to the Whakarire revetment project. This process involved identifying the main beneficiaries, cost apportionment and the overall impact on the community.

2.3   Issues

General position on public/private benefits:

The general consensus at the workshop was that there was a degree of private benefit associated with the 12 properties on Whakarire Avenue abutting the northern coast edge in the form of property protection and restoration of property values.

The discussion then turned to how much private benefit should be apportioned and how the public benefit could be allocated. It was agreed that the level of public benefit to the City was medium to high due to amenity access, road reserve and the social component associated with preventing the loss of properties. It was also recognised that there was a low to medium degree of public benefit to the region as many people in Hawkes Bay utilise this beach area.

Determining distribution of benefits:

An example was provided from the Coastal Hazards Strategy showing 20% public and 80% private split costs for a generic seawall. The reasoning for the public contribution of 20% was that the coast is protected but there is a likely loss of beach and beach access. The 80% private contribution reflects a higher degree of protection afforded to private property compared with other types of structures.

 

Type of structure

Private contribution (%)

Public contribution (%)

Reasons

Sea wall/rock revetment

80%

20%

Coast is protected but likely loss of beach and beach access

Higher degree of protection afforded to private property compared with other types of structures

 

It was acknowledged that the base case example from the Coastal Strategy Technical Advisory Group (TAG) was a robust process.

Using the base case allocation of 20% public and 80% private as a starting point the group was asked to consider if there were any factors specific to the Whakarire project that might justify an adjustment to the base case allocation. The following table illustrates the rationale for the adjustments to the base case:

 

Factor

Private apportionment

Public apportionment

Rationale

Base case

80%

20%

Private + public = 100%

Public benefit/ community outcomes (positive of negative outcomes from the works)

-30%

+30%

Access to amenity, attractive area, completes loop to car park, connectivity to headland, protects road

Private benefit

+3%

-3%

To reflect the benefit accruing to the Whakarire properties through property protection

Exacerbators (any party or parties making the situation worse?)

-50%

+50%

Port of Napier arguments for and against. Unable to rate wharves under the LGRA meaning adjustment falls back on to public good

Revised base case allocation

3%

97%

 

 

The process undertaken at the workshop has resulted in the following private/public allocation for the Whakarire revetment:

Type of structure

Private contribution (%)

= 12 properties north of Whakarire Avenue

Public contribution (%)

= Napier ratepayers at large

Whakarire revetment

3%

97%

2.4   Significance and Engagement

Approval of a funding option will require consultation through the 2019/20 Annual Plan.

2.5   Implications

Financial

Council’s 2018-28 Long Term Plan includes a capital budget of $1.7m in 2019/20 for the Whakarire revetment.

The following table shows the allocation of the total annual cost between private and public beneficiaries according to the levels of perceived benefit agreed at the Council workshop:

Funding split     

%

Annual cost per property (average)

Annual cost recovered

Whole of life

Private Good – targeted rate on Whakarire properties

3%

$378

$4,530

$113,250

Public Good – general rates

97%

$6

$146,470

$3,661,750

TOTAL

100%

 

$151,000

$3,775,000

 

Social & Policy

N/A

Risk

N/A

2.6   Development of Preferred Option

That in accordance with Section 101(3) of the Local Government Act the Council approve a funding option of 97% public and 3% private allocation for the revetment works at Whakarire Avenue and that options of funding by general rate or UAGC be identified and brought back to Council for consideration and subsequent community consultation.

 

2.7   Attachments

a     Map showing Whakarire properties   


Ordinary Meeting of Council - 11 December 2018 - Attachments

 

Item 2

Attachments a

 

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Ordinary Meeting of Council - 11 December 2018 - Open Agenda                                                                                                                             Item 3

3.    Napier Library Site Selection Evaluation Approach

Type of Report:

Procedural

Legal Reference:

N/A

Document ID:

674862

Reporting Officer/s & Unit:

Fleur Lincoln, Strategic Planning Lead

Natasha Carswell, Manager Community Strategies

 

3.1   Purpose of Report

To resolve to approve the Napier Library site evaluation method, including criteria and weighting, as prepared by the Library Site Project Steering Group.

 

Officer’s Recommendation

That Council:

a.     Approve the Napier Library site evaluation method.

 

Mayor’s Recommendation

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

3.2   Background Summary

Public engagement on the Draft Library Strategy has now closed, with a high level of support expressed. The feedback highly endorsed the attributes represented within the site evaluation method as ‘accessible spaces’ and ‘connectivity’.  This Strategy provides direction to both Council and the community on the future library – including services, spatial needs, and partnerships. This, combined with the operational needs of a functional Library, and the leveraging effects that the opportunity for a new Library presents, forms the basis of the evaluation criteria for selecting a future Library site.

Before any site advances to the attribute evaluation stage of the process, sites must meet three eligibility criteria – location, size, and tenure. Each site will then be assessed by the Library Site Project Steering Group against all attributes, summarised as:

·     Accessible spaces

·     Ease of development

·     Appropriate city activation

·     Connectivity

·     Displacement effects

Each attribute has been weighted to reflect its importance and impact.

Four possible sites have already been presented to the public as part of the Civic Buildings Optimisation Statement of Proposal. Given some time has elapsed since then, these sites will be reviewed and new sites that are now available may be added. All sites will be researched and taken through the evaluation method by the Library Site Project Steering Group. A shortlist of sites that most strongly align with the criteria will then be presented to Council to select its preferred option.   

3.3   Issues

Given that the site evaluation method, including criteria and weighting of attributes will result in one site being identified, it is important that the evaluation method supports a site that will meet the present and future needs of the community. The evaluation method includes the key priorities in the Library Strategy in order to achieve this.

3.4   Significance and Engagement

Approval of the site evaluation method lies with Council. Council’s proposed option will be consulted on through a Special Consultative Procedure, where the community will be able to provide feedback by making a submission.  This is likely to be incorporated into the Annual Plan consultation depending on timing.

3.5   Implications

Financial

There are no financial implications in the approval of the Library site evaluation method.

Social & Policy

The Library Site Project Steering Group that has prepared the site evaluation method brings members with the right expertise for this task, but also includes members who were involved in the Library Strategy project, providing continuity. The site evaluation method is both a reflection of the desires and needs of the community and Library team (as outlined in the Strategy), and of the substantial activation opportunities that a new Library presents to a city.

Risk

There is a possibility that the site evaluation method, including attributes and their weighting, is questioned by the public. Members of the Steering Group have been selected for their expertise and experience, and have contributed equally to the preparation of the site evaluation method. Full Council approval of the method is required before progressing further with site selection.

3.6   Options

The options available to Council are as follows:

a.     Adopt the site evaluation method as outlined in Attachment A

b.     Adopt an alternative site evaluation method, with changes made to the eligibility criteria, attributes and weighting.

3.7   Development of Preferred Option

The Library Site Project Steering Group has carefully formulated the site evaluation method, including the eligibility criteria, attributes, and weighting, to reflect the Library Strategy findings and direction, and the needs of the current and future communities of Napier. The preferred option will assist Council to assess all site proposals in an objective and transparent manner, before a proposed site is presented to the public for feedback.

 

3.8   Attachments

a     Library Site Selection Evaluation Approach   


Ordinary Meeting of Council - 11 December 2018 - Attachments

 

Item 3

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Ordinary Meeting of Council - 11 December 2018 - Open Agenda                                                                                                                             Item 4

4.    Quarterly Report for the three months ended 30 September 2018

Type of Report:

Operational and Procedural

Legal Reference:

Local Government Act 2002

Document ID:

675093

Reporting Officer/s & Unit:

Caroline Thomson, Chief Financial Officer

 

4.1   Purpose of Report

To consider the Quarterly Report for the three months ended 30 September 2018.

 

Officer’s Recommendation

That Council:

a.     Receive the Quarterly Report for the three months ended 30 September 2018.

 

Mayor’s Recommendation

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

4.2   Background Summary

The Quarterly Report summarises the Council’s progress in the First quarter of 2018/19 towards fulfilling the intentions outlined in the Annual Plan. Quarterly performance is assessed against income, total operating expenditure, and capital expenditure.

4.3   Issues

No issues.

4.4   Significance and Engagement

N/A

4.5   Implications

Financial

N/A

Social & Policy

N/A

Risk

N/A

 

4.6   Attachments

a     Quarterly report for the three months ended 30 September 2018 (Under Separate Cover)   


Ordinary Meeting of Council - 11 December 2018 - Open Agenda                                                                                                                             Item 5

5.    Terms of Reference for the Clifton to Tangoio Coastal Hazards Strategy Joint Committee

Type of Report:

Operational

Legal Reference:

Local Government Act 2002

Document ID:

664668

Reporting Officer/s & Unit:

Deborah Smith, Team Leader Governance

 

5.1   Purpose of Report

To present the updated Terms of Reference of the Clifton to Tangoio Coastal Hazards Strategy Joint Committee for adoption by Council.

 

Officer’s Recommendation

That Council:

a.     Adopt the updated Terms of Reference for the Clifton to Tangoio Coastal Hazards Strategy Joint Committee as at 28 September 2018.

 

Mayor’s Recommendation

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

5.2   Background Summary

In May 2017, Council adopted the Terms of Reference for the Clifton to Tangoio Coastal Hazards Strategy Joint Committee. As the project moves into its next phase, and the focus of the Committee shifts accordingly, updates to the Terms of Reference have been made to ensure they continue to reflect and guide the membership, purpose and activities of the Committee.

The updated Terms of Reference are required to be adopted by all the member Councils of the committee.

5.3   Issues

N/A

5.4   Significance and Engagement

N/A

5.5   Implications

Financial

N/A

Social & Policy

N/A

Risk

N/A

5.6   Options

The options available to Council are as follows:

a.     To adopt the updated Terms of Reference of the Clifton to Tangoio Coastal Hazards Strategy Joint Committee

b.     To request further updates to the Terms of Reference be made and confirmed with the other representative Councils prior to adoption

5.7   Development of Preferred Option

It is recommended that the attached Terms of Reference be adopted as they capture the primary changes from the current document and are due for adoption by all the member Councils.

 

5.8   Attachments

a     Updated Terms of Reference - Coast Strategy Governance Group Joint Committee_September 2018   


Ordinary Meeting of Council - 11 December 2018 - Attachments

 

Item 5

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Ordinary Meeting of Council - 11 December 2018 - Open Agenda                                                                                                                             Item 6

6.    HB Civil Defence Emergency Management Group Joint Committee - Unconfirmed Minutes

Type of Report:

Information

Legal Reference:

N/A

Document ID:

679538

Reporting Officer/s & Unit:

Cheree Ball, Governance Advisor

 

6.1   Purpose of Report

To present to Council the unconfirmed minutes of the HB Civil Defence Emergency Management Group Joint Committee meeting held on 27 August 2018.

 

Officer’s Recommendation

That Council:

a.     Receive the unconfirmed minutes of the HB Civil Defence Emergency Management Group Joint Committee meeting held on 27 August 2018.

 

 

Mayor’s Recommendation

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

6.2   Background Summary

The HB Civil Defence Emergency Management Group Joint Committee met on 27 August 2018; the unconfirmed minutes of the meeting are shown at Attachment A.

6.3   Issues

No issues.

6.4   Significance and Engagement

N/A

6.5   Implications

Financial

N/A

Social & Policy

N/A

Risk

N/A

6.6   Options

The options available to Council are as follows:

a.     To receive the draft minutes

6.7   Development of Preferred Option

N/A

 

6.8   Attachments

a     HB Civil Defence Emergency Management Group Joint Committee - unconfirmed minutes of 27 August 2018   


Ordinary Meeting of Council - 11 December 2018 - Attachments

 

Item 6

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Ordinary Meeting of Council - 11 December 2018 - Open Agenda

REPORTS / RECOMMENDATIONS FROM THE STANDING COMMITTEES

 

Māori CONSULTATIVE COMMITTEE MEETING - 4 December 2018

 

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 - 11 December 2018 - Open Agenda

 

Reports from Strategy and Infrastructure Committee held 13 November 2018

 

1.    Compliance with Current Drinking-water Standards for New Zealand - 2017/18

Type of Report:

Information

Legal Reference:

N/A

Document ID:

656402

Reporting Officer/s & Unit:

Santha Agas, Team Leader 3 Waters

 

1.1   Purpose of Report

The purpose of this report is to advise Council of:

·     The outcome of the report received from Central North Island Drinking Water Assessment Unit (CNIDWAU) on compliance with the Drinking-water Standards for New Zealand 2005 (Revised 2008) and duties under Health Act 1956.

·     The scheduled programme of works in the next 5 years to improve the quality of Napier’s Water Supply network.

 

 

At the Māori Consultative Committee meeting

In response to questions from committee members it was confirmed that Council is compliant with the current Drinking-water Standards for New Zealand.

 

Māori Consultative Committee's recommendation

Councillor Tapine / Mayor Dalton

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

Carried

 

Committee's recommendation

Councillors Brosnan / Hague

That Council:

a.     Receive the update on compliance with current drinking-water standards.

Carried

 


Ordinary Meeting of Council - 11 December 2018 - Open Agenda

 

2.    Speed Limit Bylaw Review 2018

Type of Report:

Legal and Operational

Legal Reference:

Local Government Act 2002

Document ID:

468094

Reporting Officer/s & Unit:

Tony Mills, Senior Roading Engineer

 

2.1   Purpose of Report

The purpose of this report is to recommend Council to commence formal public consultation on the proposed changes to the “’Napier City Council Speed Limits Bylaw 2012” and the accompanying Statement of Proposal.

 

The proposed changes follow the introduction of the new “Speed Management Guide” which was developed by the New Zealand Transport Agency (NZTA) to help Road Controlling Authorities (RCAs) better understand the risk associated with their roads so that the appropriate speed limits can be set.  

 

Informal public consultation was undertaken to enable the community to have input in to the process at an early stage and the findings are detailed in this report.

 

 

At the Māori Consultative Committee meeting

The current speeds along Meeanee Road were discussed.

 

Māori Consultative Committee's recommendation

Councillor Tapine / Mayor Dalton

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

Carried

 

Committee's recommendation

Councillors White / Wright

That Council:

a.     Adopt the report from the Senior Roading Engineer titled “Speed Limit Bylaw Review 2018” with the reasons for the decision being:

i.      That a bylaw is the only method mandated by the Land Transport Rule: Setting of Speed Limits 2017

ii.     That the right to control speed limits is granted by Parliament to territorial authorities and the limitations proposed are justified limitations in terms of section 5 of the New Zealand Bill of Rights Act 1990 and that there is accordingly no breach of the New Zealand Bill of Rights Act.

iii.    That the consultation on the speed limits will allow affected parties and the wider community to fully consider the bylaw amendments proposed having regard to the requirements of the Rule 4.2(2) of the Land Transport Rule: Setting of Speed Limits 2017

b.     Adopt the Proposed Amendments to the Speed Limits Bylaw 2012 and the Statement of Proposal to commence public consultation in accordance with the special consultative procedure under the Local Government Act 2002 and the Land Transport Rule: Setting of Speed Limits 2017.

Carried

 


Ordinary Meeting of Council - 11 December 2018 - Open Agenda

 

3.    Lease of Reserve - Napier Free Kindergarten Association Incorporated

Type of Report:

Legal

Legal Reference:

Reserves Act 1977

Document ID:

655792

Reporting Officer/s & Unit:

Bryan Faulknor, Manager Property

Jenny Martin, Property and Facilities Officer

 

3.1   Purpose of Report

To obtain a Council decision to enter into a new ground lease with the Napier Free Kindergarten Association Incorporated for the Carlyle Kindergarten at the Thackeray Street Reserve.

 

 

At the Māori Consultative Committee meeting

There was no discussion on this item.

 

Māori Consultative Committee's recommendation

Councillor Tapine / Mayor Dalton

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

Carried

 

Committee's recommendation

Mayor Dalton / Councillor Brosnan

That Council:

a.     Resolve to enter into a new ground lease with the Napier Free Kindergarten Association Incorporated for the Carlyle Kindergarten for a term of 15 years with one 15-year right of renewal.

 

Councillor Wright did not participate in the discussion or voting due to an expressed conflict of interest.

 

Carried

 


Ordinary Meeting of Council - 11 December 2018 - Open Agenda

 

Reports from Regulatory Committee held 13 November 2018

 

1.    Appointment of District Licensing Committee

Type of Report:

Operational

Legal Reference:

Sale and Supply of Alcohol Act 2012

Document ID:

661285

Reporting Officer/s & Unit:

Rachael Horton, Manager Business Excellence & Transformation

 

1.1   Purpose of Report

To seek Council’s approval to reappoint the current District Licensing Committee for a further term of 12 months to 29 November 2019, and to align the District Licensing Committee appointment process with the triennial election cycle.

 

At the Māori Consultative Committee meeting

As this was a Decision of Council there was no discussion on this item.

Committee's recommendation

Councillors Taylor / Wright

That Council:

a.     Receive the report.

b.     Approve the reappointment of the following members of the District Licensing Committee pursuant to the provisions of the Sale and Supply of Alcohol Act 2012 for a further term of 12 months to 29 November 2019:

·      Dave Fellows as Commissioner and Chair

·      Deputy Mayor Faye White as Deputy Chair

·      Councillor Keith Price

·      John Cocking

·      Ross Pinkham

c.     Approve future appointments of District Licensing Committees for terms of three years in line with the triennial election cycle.

d.     That a DECISION OF COUNCIL is required urgently due to the appointment terms ending in November 2018.

 

Deputy Mayor White and Councillor Price did not participate in the discussion or voting due to their expressed conflict of interest.

Carried

 

 

Council Resolution

At the Regulatory Committee meeting held on Tuesday, 13 November 2018 the following committee recommendation was ratified as a DECISION OF COUNCIL.

 

 

 

Councillors Taylor / Wright

That Council:

a.     Receive the report.

b.     Approve the reappointment of the following members of the District Licensing Committee pursuant to the provisions of the Sale and Supply of Alcohol Act 2012 for a further term of 12 months to 29 November 2019:

·      Dave Fellows as Commissioner and Chair

·      Deputy Mayor Faye White as Deputy Chair

·      Councillor Keith Price

·      John Cocking

·      Ross Pinkham

c.     Approve future appointments of District Licensing Committees for terms of three years in line with the triennial election cycle.

 

Deputy Mayor White and Councillor Price did not participate in the discussion or voting due to their expressed conflict of interest.

Carried

 


Ordinary Meeting of Council - 11 December 2018 - Open Agenda

 

2.    Napier Christmas Fiesta - Provision of Food Trucks

Type of Report:

Procedural

Legal Reference:

Local Government Act 2002

Document ID:

652821

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 (no alcohol) to the public within Clive Square East and Emerson Street between Clive and Memorial Squares as part of the Napier Christmas Fiesta that will be held following the Christmas parade. The Fiesta will run from 1.30pm to 4.00pm on Sunday 2 December 2018.

 

 

At the Māori Consultative Committee meeting

There was no discussion on this item.

 

Māori Consultative Committee's recommendation

T Aranui / T Henare-Winitana

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

Carried

 

Committee's recommendation

Councillors Brosnan / Wise

That Council:

a.     Resolve to allow the sale of food and drink to the public within Clive Square East and Emerson Street between Clive and Memorial Squares at the Napier Christmas Fiesta event from 1.30pm to 4.00pm on Sunday 2 December 2018.

 

Carried

 


Ordinary Meeting of Council - 11 December 2018 - Open Agenda

Reports from Finance Committee held 27 November 2018

1.    Three Waters Review

Type of Report:

Information

Legal Reference:

N/A

Document ID:

667489

Reporting Officer/s & Unit:

Wayne Jack, Chief Executive

1.1   Purpose of Report

This report seeks Council approval to develop a regional business case assessing options to improve the management of drinking water, storm water and wastewater (“Three Waters”) in the Hawkes Bay region and in doing so, address Central Government concerns associated with these activities. This review will develop recommendations for performance improvements to our Regional Three Waters systems with a view to guiding Central Governments Three Waters strategy.

 

At the Māori Consultative Committee meeting

As this was a Decision of Council there was no discussion on this item.

Committee's recommendation

Mayor Dalton / Councillor Taylor

That Council:

a.     Endorse the development of a regional business case on Three Waters management.

b.     Note the cost of the review is apportioned across the Hawkes Bay Councils as follows:

·        35% NCC, 35% HDC, 15% HBRC, 7.5% WDC, 7.5% CHBDC

c.     That a DECISION OF COUNCIL is required urgently to enable the review to be commenced and completed within the required timeframe.

Carried

 

Council Resolution

At the Finance Committee meeting held on Tuesday, 27 November 2018 the following committee recommendation was ratified as a DECISION OF COUNCIL.

Councillors Price / Wright

That Council:

a.     Endorse the development of a regional business case on Three Waters management.

b.     Note the cost of the review is apportioned across the Hawkes Bay Councils as follows:

·        35% NCC, 35% HDC, 15% HBRC, 7.5% WDC, 7.5% CHBDC

Carried


Ordinary Meeting of Council - 11 December 2018 - Open Agenda

2.    District Plan Review Funding Options

Type of Report:

Operational

Legal Reference:

Local Government Act 2002

Document ID:

669135

Reporting Officer/s & Unit:

Paulina Wilhelm, Manager City Development

 

2.1   Purpose of Report

The purpose of this report is to allow the use of the funds available in the Financial Contributions Special Fund to enable the production of Structure Plans and other work streams for servicing development in Napier. The Structure Plans will inform any future rezoning decision for the Napier District Plan and enable the city to grow.

 

 

At the Māori Consultative Committee meeting

Councillor Tapine spoke to the report noting that the District Plan is a key document, and that pre-engagement is already underway between Council officers and a number of networks in the community.

 

Māori Consultative Committee's recommendation

Councillor Tapine / Mayor Dalton

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

Carried

 

Committee's recommendation

Councillors Jeffery / Wright

That Council:

a.     Approve $1.2m from the Financial Contributions Special Fund to fund the District Plan Review work programme which will allow future city growth.

 

Carried

 


Ordinary Meeting of Council - 11 December 2018 - Open Agenda

 

3.    Budgets to be carried forward to 2018/19

Type of Report:

Operational

Legal Reference:

Local Government Act 2002

Document ID:

637309

Reporting Officer/s & Unit:

Caroline Thomson, Chief Financial Officer

 

3.1   Purpose of Report

To seek Council approval to carry forward budgets into 2018/19.

 

 

At the Māori Consultative Committee meeting

The Mayor noted that it had previously been typical for around $80 Million to be carried forward every year, and that carrying forward budgeted expenditure of just $3,796,408 into 2018/19 is a result of efficient processes and systems.

 

Māori Consultative Committee's recommendation

Councillor Tapine / Mayor Dalton

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

Carried

 

Committee's recommendation

Councillor Wright / Mayor Dalton

That Council:

a.     Approve carrying forward budgeted expenditure of $3,796,408 from 2017/18 into 2018/19.

 

Carried

 


Ordinary Meeting of Council - 11 December 2018 - Open Agenda

 

4.    Rating Outturn Surplus 2017/18

Type of Report:

Operational

Legal Reference:

Local Government Act 2002

Document ID:

637305

Reporting Officer/s & Unit:

Caroline Thomson, Chief Financial Officer

 

4.1   Purpose of Report

To report on the Rating Account to 30 June 2018, and to approve allocations from the Rating Surplus

 

 

At the Māori Consultative Committee meeting

Councillor Tapine spoke to the item and noted that the surplus would likely be allocated to capital projects and infrastructure; however, the committee members have an opportunity to identify any capital investment opportunities to bring to Council, and are welcome to engage with the Chief Executive and senior staff in this regard.

The Chief Executive added that it would be beneficial for committee members to provide an indication in terms of the outcomes they are wanting to drive, particularly around environmental enhancements.

The committee members agreed that Council’s priority needs to be our three waters delivery and discussed the importance of clear communication with the community regarding incidents involving the estuary. It was agreed that a collaborative approach is necessary in order to clean up the estuary.

 

Māori Consultative Committee's recommendation

Councillor Tapine / Mayor Dalton

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

Carried

 

Committee's recommendation

Mayor Dalton / Councillor Taylor

That Council:

a.     Approve transferring the 2017/18 net rating surplus of $926,578 to the Capital Reserve Account where it is available for future commitments.

 

Carried

 


Ordinary Meeting of Council - 11 December 2018 - Open Agenda

 

5.    Leases of Reserve - Napier Free Kindergarten Association Incorporated

Type of Report:

Legal

Legal Reference:

Reserves Act 1977

Document ID:

665671

Reporting Officer/s & Unit:

Bryan Faulknor, Manager Property

Jenny Martin, Property and Facilities Officer

 

5.1   Purpose of Report

To obtain a Council decision to enter into three new ground leases with the Napier Free Kindergarten Association Incorporated for the Taradale Kindergarten, Greenmeadows Kindergarten and Marewa Kindergarten.

 

 

At the Māori Consultative Committee meeting

There was not discussion on this item.

 

Māori Consultative Committee's recommendation

Councillor Tapine / Mayor Dalton

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

Carried

 

Committee's recommendation

Councillors Brosnan / Hague

That Council:

a.     Recommend that Council resolve to enter into a new ground lease with the Napier Free Kindergarten Association Incorporated for the Taradale Kindergarten, Greenmeadows Kindergarten and the Marewa Kindergarten each for a term of 15 years with one 15-year right of renewal.

 

Due to an expressed conflict of interest, Councillor Wright did not participate in the discussion or vote on this agenda item.

Carried

 


Ordinary Meeting of Council - 11 December 2018 - Open Agenda

 

6.    Fire Hydrant Use Policy 2018

Type of Report:

Operational

Legal Reference:

N/A

Document ID:

662412

Reporting Officer/s & Unit:

Anze Lencek, Water Quality Lead

 

6.1   Purpose of Report

To seek Council approval of the proposed Fire Hydrant Use Policy 2018.

 

 

At the Māori Consultative Committee meeting

The Mayor clarified that the Fire Hydrant Use Policy is required to protect our water supply.

 

Māori Consultative Committee's recommendation

Councillor Tapine / Mayor Dalton

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

Carried

 

Committee's recommendation

Councillors Price / White

That Council:

a.     Adopt the Fire Hydrant Use Policy 2018.

 

Carried

 


Ordinary Meeting of Council - 11 December 2018 - Open Agenda

 

Reports from Community Services Committee held 27 November 2018

 

1.    Library Strategy Consultation Feedback

Type of Report:

Operational

Legal Reference:

N/A

Document ID:

664231

Reporting Officer/s & Unit:

Darran Gillies, Libraries Manager

 

1.1   Purpose of Report

To update Council on the feedback on the Library Strategy (attachment A), and to request adoption of the Strategy.

 

 

At the Māori Consultative Committee meeting

There was no discussion on this item.

 

Māori Consultative Committee's recommendation

Councillor Tapine / Mayor Dalton

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

Carried

 

Committee's recommendation

Councillors Wright / Hague

That Council:

a.     Adopt the Napier Library Strategy 2018.

 

Carried

 


Ordinary Meeting of Council - 11 December 2018 - Open Agenda

 

2.    Creative Communities Funding September 2018

Type of Report:

Operational

Legal Reference:

N/A

Document ID:

661887

Reporting Officer/s & Unit:

Belinda McLeod, Community Funding Advisor

 

2.1   Purpose of Report

To note the Creative Communities funding decisions made on 27 September 2018. Council administers the scheme on behalf of Creative NZ.  Funding decisions do not require ratification from Council.

 

 

At the Māori Consultative Committee meeting

In response to questions from committee members it was clarified that the funding decisions were made by the Creative Communities Assessment Committee.

 

Māori Consultative Committee's recommendation

Councillor Tapine / Mayor Dalton

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

Carried

 

Committee's recommendation

Councillors Boag / Wright

That Council:

a.     Note the Creative Communities funding decisions made on 27 September 2018.

 

Carried

 


Ordinary Meeting of Council - 11 December 2018 - Open Agenda

 

3.    Youth Policy Review

Type of Report:

Operational

Legal Reference:

N/A

Document ID:

664273

Reporting Officer/s & Unit:

Jessica Wilson, Community Advisor

 

3.1   Purpose of Report

To update Council on the feedback received on the draft Napier Youth Strategy, and to recommend adoption of the Strategy.

 

 

At the Māori Consultative Committee meeting

It was noted that the Napier Youth Strategy was widely supported through community consultation and the Youth Council has had significant input into the Strategy.

 

Māori Consultative Committee's recommendation

Councillor Tapine / Mayor Dalton

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

Carried

 

Committee's recommendation

Councillors Wright / Price

That Council:

a.     Adopt the Napier Youth Strategy 2018.

 

Carried

 

 


Ordinary Meeting of Council - 11 December 2018 - Open Agenda                                                                                                                             Item 1

Reports Under Delegated Authority

 

1.    Tenders Let

Type of Report:

Information

Legal Reference:

N/A

Document ID:

679063

Reporting Officer/s & Unit:

Alix Burke, Executive Assistant to the Chief Executive

 

1.1   Purpose of Report

To report Tenders let under delegated authority for the period 10 October to 22 November 2018.

 

Officer’s Recommendation

That Council:

 

a.   Receive the Report of Tenders Let for the period 10 October to 22 November 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 DISCRETION

 

Contract 1204 Park Island Northern Development - Earthworks

Two tenders were received.

The Engineer’s estimate was $457,650.00.

It was recommended that the tender from Higgins Contractors Ltd be accepted in the sum of $390,798.05.  This recommendation was approved.

 

 

Contract 1198 Taradale Community Rooms Refurbishment

Two tenders were received.

The Engineer’s estimate was $410,000.00.

It was recommended that the tender from Simkin Construction be accepted in the sum of $359,329.00.  This recommendation was approved.

 

Contract 1178 – Asphaltic Concrete Footpath Renewals 2018-2019

Four tenders were received ranging from $430,549.30 to $630,346.94 excluding GST.

The Engineers estimate was $431,788.00 excluding GST.

It was recommended that the tender from Higgins Contractors Ltd be accepted in the sum of $430,549.30 + GST.

 

1.2   Attachments

Nil


Ordinary Meeting of Council - 11 December 2018 - Open Agenda                                                                                                                             Item 2

2.    Resource Consents

Type of Report:

Information

Legal Reference:

N/A

Document ID:

679070

Reporting Officer/s & Unit:

Alix Burke, Executive Assistant to the Chief Executive

 

2.1   Purpose of Report

To present the report on Resource Consents issued under delegated authority for the period 10 October – 22 November 2018.

 

Officer’s Recommendation

That Council:

 

a.   Receive the report on Resource Consents issued under delegated authority for the period 10 October – 22 November 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 10 October – 22 November 2018.

 

 

2.2   Attachments

a     Resource Consents to 22 November 2018   


Ordinary Meeting of Council - 11 December 2018 - Attachments

 

Item 2

Attachments a

 

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Ordinary Meeting of Council - 11 December 2018 - Open Agenda                                                                                                                             Item 3

3.    Documents Executed Under Seal

Type of Report:

Information

Legal Reference:

N/A

Document ID:

679074

Reporting Officer/s & Unit:

Alix Burke, Executive Assistant to the Chief Executive

 

3.1   Purpose of Report

To report of Documents Executed Under Seal for the period 10 October – 22 November 2018.

 

Officer’s Recommendation

That Council:

 

a)   Receive the Report of Documents Executed Under Seal for the period 10 October to 22 November 2018.

 

Mayor’s Recommendation

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

 

 

Schedule of Documents Executed Under Seal for the period 10 October – 22 November 2018.

Date

Document

 

23.10.18

Lease or Reserve, Eskview & Districts Rugby Football Club Inc.

 

6.11.18

Consent to Transfer Lessee’s Interest – 31 Cadbury Road, Onekawa

 

6.11.18

Agreement of Sale and Purchase Riddell St Freeholding

 

20.11.18

Lessor transfer consent – 31 Battery Road

 

20.11.18

Enforcement Warrant, Andrew Glass, Environmental Officer

 

20.11.18

Enforcement Warrant, Caitlyn Egan, Environmental Office

 

20.11.18

Enforcement Warrant, Richard Mullen, Building Inspector

 

 

 

3.2   Attachments

Nil


Ordinary Meeting of Council - 11 December 2018 - Open Agenda                                                                                                                             Item 4

4.    Official Information Requests

Type of Report:

Information

Legal Reference:

Local Government Official Information and Meetings Act 1987

Document ID:

679097

Reporting Officer/s & Unit:

Cheree Ball, Governance Advisor

 

4.1   Purpose of Report

To present the year to date Official Information Request statistics.

 

Officer’s Recommendation

That Council:

 

a.   Receives the report Official Information Requests for the year to 30 November 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 30 November 2018 are included in the attached report.

 

 

4.2   Attachments

a     Official information requests report to 30 November 2018   


Ordinary Meeting of Council - 11 December 2018 - Attachments

 

Item 4

Attachments a

 

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Ordinary Meeting of Council - 11 December 2018 - Open Agenda

PUBLIC EXCLUDED ITEMS

 

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

Agenda Items

1.         Legal Update as at 30 September 2018

Reports from Finance Committee held 27 November 2018

1.         Land Sale

Reports from Community Services Committee held 27 November 2018

1.         Kennedy Park Main Ablution Block Refurbishment

 

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:

Agenda Items

1.  Legal Update as at 30 September 2018

7(2)(g) Maintain legal professional privilege

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 27 November 2018

1.  Land Sale

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 Community Services Committee held 27 November 2018

1.  Kennedy Park Main Ablution Block Refurbishment

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.

 

 


Ordinary Meeting of Council - 11 December 2018 - Open Agenda

 

 

Ordinary Meeting of Council

Open Minutes

 

Meeting Date:

Tuesday 30 October 2018

Time:

3.00pm-3.30pm

Meeting reconvened 4.01pm-4.13pm

Venue

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

 

 

Present

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

In Attendance

Chief Executive, Director Corporate Services, Director Community Services, Director Infrastructure Services, Director City Services, Manager Communications and Marketing, Manager City Development, HBLASS Programme Manager, Policy Planner

Administration

Governance Team

 

 


 

Apologies

Council resolution

Councillors Price / Boag

That the apologies from Bill Dalton and Councillor Wright be accepted.

Carried

 

Conflicts of interest

Nil

Public forum

Nil

Announcements by the Acting Mayor

Item 1 on the agenda regarding the adoption of the Annual Report 2017/18 will be taken at the end of the open meeting to allow time for the audit opinion to be distributed to Councillors. 

Announcements by the management

Nil

Confirmation of minutes

Council resolution

Councillors Hague / Wise

That the Draft Minutes of the Ordinary meeting held on 18 September 2018 be confirmed as a true and accurate record of the meeting.

 

Carried

 

Questions from Councillors for Further Action

Item

Requestor

Action

Responsible

Reports under delegated authority

Cr Wise

Is there any reason why Councillors no longer receive a report regarding liquor licenses?

Governance/ Regulatory

 


 

Agenda Items

 

2.    Plan Change 12 - Mission Special Character Zone Recommendation Report from Independent Commissioners

Type of Report:

Legal and Operational

Legal Reference:

Resource Management Act 1991

Document ID:

658024

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.

 

At the meeting

In response to questions from Councillors the following points were clarified:

·         Council officers do not consider the decision being appealed to the environment court as a high risk, due to a collaborative process being followed in developing the Plan change.

·         Cultural impact assessments will be standard practice for all Resource Management Act 1991 (RMA) consultations going forward. Discussions are currently underway with Iwi to determine how they would prefer to engage in these processes.

·         Where submissions were not appropriate to be considered through the Plan change and directed elsewhere, clear conversations have taken place with the submitters in relation to next steps.

Council resolution

Councillors Taylor / Dallimore

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.

 

Carried

 

3.    Council Meeting Schedule 2019

Type of Report:

Operational

Legal Reference:

Local Government Official Information and Meetings Act 1987

Document ID:

658892

Reporting Officer/s & Unit:

Deborah Smith, 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.

 

At the meeting

The Team Leader Governance confirmed that the meeting dates noted after the election are tentative and will be updated following the election. It was noted that the current dates in Councillor diaries were set at the beginning of the triennium and will be updated following adoption of the 2019 dates.

Council resolution

Councillors Wise / Brosnan

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.

Carried

 

4.    Omarunui Refuse Landfill Joint Committee Minutes

Type of Report:

Information

Legal Reference:

N/A

Document ID:

660110

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.

 

At the meeting

There was no discussion on this item.

Council resolution

Councillors Dallimore / Tapine

That Council:

a.     Receive the unconfirmed minutes of the Omarunui Refuse Landfill Joint Committee meeting from 5 October 2018.

 

Carried

 

 

  


 

REPORTS / RECOMMENDATIONS FROM THE STANDING COMMITTEES

 

Māori CONSULTATIVE COMMITTEE MEETING - 23 October 2018

 

Council resolution

Councillors Boag / Tapine

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 2 October 2018

 

1.    Amendment of Resolution - War Memorial Consultation Options

Type of Report:

Legal

Legal Reference:

Local Government Official Information and Meetings Act 1987

Document ID:

636482

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.

 

 

At the Strategy and Infrastructure Committee meeting held on Tuesday, 2 October 2018 the following committee recommendation was ratified as a DECISION OF COUNCIL.

 

Councillors Wise / Brosnan

That Council 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

 

 

 

2.    Easter Sunday Trading Policy

Type of Report:

Legal and Operational

Legal Reference:

Local Government Act 2002

Document ID:

632729

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.

 

At the Strategy and Infrastructure Committee meeting held on Tuesday, 2 October 2018 the following committee recommendation was ratified as a DECISION OF COUNCIL.

 

Councillors Boag / Brosnan

That Council:  

 

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

 

 


 

 

3.    District Plan Review - pre-engagement strategy

Type of Report:

Procedural

Legal Reference:

Resource Management Act 1991

Document ID:

634986

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).

 

 

Māori Consultative Committee's recommendation

Mr Aranui / Deputy Mayor White

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 McGrath / Brosnan

That Council:

a.     Endorse the District Plan Review pre-engagement strategy

Carried

 


 

 

4.    Parking Control Change - Upper Tiffen Car Park

Type of Report:

Legal

Legal Reference:

Parking Control Bylaw 2014

Document ID:

603217

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).

 

 

Māori Consultative Committee's recommendation

Mr Aranui / Deputy Mayor White

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 McGrath / Brosnan

That Council:

a.     Resolve that the Upper Tiffen car park becomes leased car parking (Monday to Friday).

i.      That the rate be set at $25.00 per week.

b.     Resolve that the ground level of Tiffen car park becomes $5 all day casual parking Monday to Saturday

Carried

 


 

 

5.    Road Stopping - Edwardes Street

Type of Report:

Legal

Legal Reference:

Public Works Act 1981

Document ID:

634953

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.

 

 

Māori Consultative Committee's recommendation

Mr Aranui / Deputy Mayor White

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 McGrath / Brosnan

That Council:

a.     Declare the service lane described in the Schedule 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 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.

 

 

 

SCHEDULE

 

Hawke’s Bay Land District – Napier City

 

Area (ha)

Legal Description

Adjoining

0.0233

Section 1 SO 528887

CFR HBV2/563

 

Carried

 


 

 

Reports from Audit and Risk Committee held 11 October 2018

 

1.    Health and Safety Report

Type of Report:

Operational

Legal Reference:

Health and Safety at Work Act 2015

Document ID:

433376

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.

 

 

At the meeting

There was no discussion on this item.

Council resolution

Councillors Wise / Hague

a.     That Council receive the report.

Carried

 


 

 

2.    Risk Management Report

Type of Report:

Information

Legal Reference:

N/A

Document ID:

433390

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.

 

 

At the meeting

In response to questions from Councillors in relation to the high risk in relation to water quality at Pandora Point, the following points were clarified:

·         Council is conducting water testing and a good baseline has been established.

·         E-coli readings increase to higher levels following typical rain events and standard operating procedures are being developed to deal with this. The general rule is to not swim in Pandora Pond for three days following rainfall. Small rainfall events may cause levels to rise yet still remain within safe parameters.

·         The turnaround on water testing is three days.

·         There do not appear to be other nutrients in the water that Council should be concerned about.

·         The inflatables are an extremely popular recreational activity in the space and operating procedures to actively manage any risk are being developed. The pond is also popular for waka ama and Iron Māori events and Council officers are communicating with the appropriate groups.

·         The risk to Council in relation to the inflatables does not extend to independently run events such as Iron Māori.

Council resolution

Councillors Wise / Hague

That Council:

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

 


 

 

Reports from Finance Committee held 16 October 2018

 

1.    Whakarire Revetment Funding Proposal

Type of Report:

Legal

Legal Reference:

Local Government Act 2002

Document ID:

631017

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.

 

 

Māori Consultative Committee's recommendation

Deputy Mayor White / Councillor Tapine

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

Carried

 

 

At the meeting

The Acting Mayor proposed that this Agenda Item remain on the table, to be revisited at the December 2018 Council meeting. She noted that this matter should go through the Annual Plan and requested a seminar to provide Councillors with further information in preparation for the decision.

Councillor Dallimore tabled comments from himself and the public in response to information provided by Council officers following the 16 October 2018 meeting.

There was no further discussion on this item.

 

Committee's recommendation

 

That Council:

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.

 

Council resolution

Councillors Wise / Price

That Council:

a.   Leave the Officer’s recommendation for this item on the table and revisit at the Council meeting on 11 December 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

 

 

 

2.    Capital Project Funding BRought Forward

Type of Report:

Procedural

Legal Reference:

N/A

Document ID:

653014

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.

 

 

 

 

Māori Consultative Committee's recommendation

Deputy Mayor White / 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 Wise / Tapine

That Council:

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

 

 

3.    Road Stopping - land corner of Geddis & Longfellow Avenue

Type of Report:

Legal

Legal Reference:

Local Government Act 1974

Document ID:

637186

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.

 

 

Māori Consultative Committee's recommendation

Deputy Mayor White / 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 Wise / Tapine

That Council:

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

 

 

4.    Powerco Gas Pipeline - Grant of Easement and Concession

Type of Report:

Legal and Operational

Legal Reference:

Reserves Act 1977, Conservation Act 1987

Document ID:

641344

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.

 

 

Māori Consultative Committee's recommendation

Deputy Mayor White / 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 Wise / Tapine

That Council:

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

Legal Description

Title/GN Reference

Land Status

Section 2 Survey Office Plan 468666

NZGN 2002 p488

Local Purpose (Wildlife) Reserve

Section 1 Survey Office Plan 468666

641949

Local Purpose (Community Building) Reserve

 

SCHEDULE 2

Legal Description

Title/GN Reference

Land Status

Lot 2 Deposited Plan 8156

HB131/258

Fee Simple

 

Carried

 

 

5.    HB Museums Trust Annual Report

Type of 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.

 

 

 

 

Māori Consultative Committee's recommendation

Councillors Prentice / 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 Wise / Tapine

That Council:

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

Type of Report:

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.

 

 

Māori Consultative Committee's recommendation

Councillor Tapine / Mr 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 White / Brosnan

That Council:

a.     Approve the Library Site Project Steering Group Terms of Reference.

Carried

 


 

 

2.    Draft Library Strategy - Public Feedback

Type of Report:

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.

 

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 White / Brosnan

That Council:

a.     Approve the release of the draft Napier Library Strategy for stakeholder and public feedback.

Carried

 

 


 

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.

 

At the meeting

There was no discussion on this item.

Council resolution

Councillors Hague / Taylor

That Council:

 

a.     Receives the report Official Information Requests for the period 11 September 2018 to 18 October 2018.

 

Carried

 

 

2.    Tenders Let

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.

 

 

 

At the meeting

In response to questions from Councillors it was noted that due to the construction industry being full at present, tender prices are coming in higher than the estimates. Some work is also required to improve Council processes around obtaining estimates.

It was noted that Councillors no longer receive a report in relation to liquor licenses. Officers advised that they will look into this and report back to Council.

Council resolution

Councillors Hague / Taylor

That Council:

 

a)     Receive the Report of Tenders Let for the period 7 September to 10 October 2018.

 

Carried

 

 

3.    Resource Consents

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.

 

At the meeting

In response to questions, Council officers advised that the distance of the proposed Kmart location from the CBD has been considered; however, due to small retail being restricted, the area is unlikely to become a destination hub. Carparking constraints will also assist in this regard.

Council resolution

Councillors Hague / Taylor

That Council:

a.     Receive the report on Resource Consents issued under delegated authority for the period 30 August – 10 October 2018.

 

Carried

 

 

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.

 

At the meeting

There was no discussion on this item.

Council resolution

Councillors Hague / Taylor

That Council:

 

a)     Receive the Report of Documents Executed Under Seal for the period 13 September to 18 October 2018.

 

Carried

 

 

  

General Business

  

Council resolution

Councillors Wise/ Brosnan

That Council:

 

a)     Adjourn the open meeting to allow staff to seek instructions in relation to timing of the audit opinion.

 

Carried

 

 

At 3.30pm the open meeting briefly adjourned and reconvened following advice from staff.


 

PUBLIC EXCLUDED ITEMS

 

Council resolution

Councillors Brosnan / Wise

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

Carried

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:
(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 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:
(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.  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:
(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.  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:
(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 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:
(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.  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:
(i) Where the local authority is named or specified in Schedule 1 of this Act, under Section 6 or 7  (except 7(2)(f)(i)) of the Local Government Official Information and Meetings Act 1987.

 

 

The meeting moved into committee at 3.31pm.

The open meeting reconvened at 4.01pm following receipt and distribution of the audit opinion for the Annual Report 2017/18.

 

1.    Adoption of Annual Report 2017/18

Type of Report:

Legal

Legal Reference:

Local Government Act 2002

Document ID:

633469

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.

 

At the meeting

Acting Mayor White spoke to the 2017/18 Annual Report, thanking staff and Elected Members and highlighting the major projects undertaken by Council, including:

·         The Marine Parade redevelopment

·         The award winning playground at Anderson Park

·         Upgrade and expansion of the Napier War Memorial Centre which houses the Napier Conference Centre

·         Relocating over 260 Council staff within the CBD after finding the Civic and Library building were earthquake prone

It was noted that Council spent $99 Million (or $4.40 per resident, per day) running the City in the 2017/18 financial year and achieved a year end surplus of $11.7 Million.

The Chief Executive also spoke to the report, adding the following achievements:

·         No external debt is held

·         Council continues to have low average rates compared to similar Councils

·         Council has strong non-rates funded revenue streams meaning only 48.5% of revenue comes from rates

·         236,000 visitors passed through our visitor centre for the year

·         The Museum had 208,000 visitors for the year, up from 128,000 in the previous year

·         1,101 building consents were issued for the year

·         32 events were supported by Council, with a positive economic impact of $18.2 Million

·         353 events and conferences held at the Napier War Memorial Centre for the year

·         Other major projects of note:

o    Embankment bridge

o    Further cycleways – 47.7km of cycleways across Napier

o    Safer drinking water initiatives

o    Completion of the Ahuriri Estuary Masterplan

o    2018-28 Long Term Plan

The Director Corporate Services confirmed that an unqualified opinion was received from Audit New Zealand just prior to today’s Council meeting.

Minor changes to the Annual Report were tabled, which largely consisted of additional information to be provided to the community.

In response to questions from Councillors the following points were clarified:

·         The newly appointed Investment and Funding Manager will be looking to optimise investments, including assessing Council deposits and comparing these against the Capital Plan.

·         Recommendations will come back to Council around what to do with the $800,000 rating surplus.

·         Fewer sections sold in Parklands than planned; surplus was less than anticipated.

·         Council is in a strong financial position.

 

Council resolution

Acting Mayor White / Councillor Hague

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.

 

Carried

 

The meeting closed at 4.13pm.

 

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

 

 

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

 

 

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

 


Ordinary Meeting of Council - 11 December 2018 - Open Agenda

 

 

 

 

Extraordinary Meeting

of Council

Open Minutes

 

Meeting Date:

Friday 30 November 2018

Time:

9.00am-12.42pm

Venue

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

 

 

Present

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

In Attendance

Chief Executive, Director City Strategy, Manager City Development, Policy Planner, Project Planning Facilitator

Administration

Governance Team

 


 

Apologies

Council resolution

Councillors Boag / Price

That the apologies from Councillor Jeffery and Councillor Wright be accepted.

Carried

 

Conflicts of interest

Councillor Jeffery provided an apology for this Hearing based on a declared interest in the topic at hand.

Announcements by the Mayor

Nil

Announcements by the management

Nil   

 


 

SUBMISSIONs

Speaker

points made

Steph Kennard – Napier City Business Inc.

Steph Kennard spoke to Napier City Business Inc.’s submission in favour of Council adopting the Easter Sunday Trading policy. An independent survey of members resulted in 259 unique responses; 182 in support of the option to open on Easter Sunday and 77 against, 59% of those in support would consider opening and want to know that it is their choice to do so. Of those against the option to open on Easter Sunday 25% either do not currently open on a Sunday or this is not applicable to them.

In response to questions from Councillors the following points were clarified:

·         Financial revenue was purposely omitted from their submission as retailers should be able to decide whether opening on Easter Sunday is a viable option for them or not.

·         General feedback from retailers was that those who opened on Easter Sunday either traded the same as a normal Sunday or better.

·         Respondents’ staff numbers breakdown:

o    67% five and under staff members.

o    19% six to nine staff members.

·          The national chains do not tend to open on Easter Sunday.

David Day

Mr Day is an Anglican Priest in Napier South and his submission is in favour of Council adopting the Easter Sunday Trading policy. He noted that church is not a large part of everyone’s life anymore and in his opinion there is no reason why churches should govern whether retailers are able to trade on Easter Sunday or not. However, he acknowledged it was important that staff be given a choice as to whether they are required to work on that date.

In response to questions from Councillors he advised that around half his church vestry group held the same views as him, and the age spread of his church is mainly elderly.

Gese Talaga – Congregational Church of Samoa

Gese Talaga spoke to her submission, on behalf of the Congregational Church of Samoa, against Council adopting the Easter Sunday Trading policy. She noted that there are not many public holidays left and Easter is a time for families to spend time together and worship.

In response to questions from Councillors the following points were clarified:

·         Working on Easter Sunday may be the worker’s choice but financial pressures make this choice more difficult.

·         Currently a small number of parishioners work in retail with the majority working in orchards etc. They would like to see more of their youth to look for employment in different industries, including retail.

Salvatore Rigione-Pisone

Mr Rigione-Pisone spoke to his submission, noting that he has worked at Pak’nSave, has owned his own business in Napier, and is now employed at Countdown. He is against Council adopting the Easter Sunday Trading policy. Workers feel obliged to work on this date if asked. Part-time and casual workers especially are affected financially by refusing to work on this date as this limits their hours for the week.

In response to questions from Councillors the following points were clarified:

·         As Easter Sunday is not a public holiday; workers are not entitled to time and a half.

·         In his experience while a business owner, the turnover for this period is not enough to consider opening on Easter Sunday; there is not enough happening in Napier over this weekend to bring tourists into the City.

Matt Edwards

Mr Edwards spoke to his submission in favour of Council adopting the Easter Sunday Trading policy, noting that this is not an easy decision. He discussed the religious aspect and advised that there is nothing in the scriptures directing that Easter or Christmas either exist or should be observed.

God does not compel our obedience; we should not compel people to do one thing or another when it comes to religious belief. On religious grounds, allowing freedom for people to choose how they want to spend Easter Sunday does not come with any restrictions from God.

Mike McNabb – First Union

Mr McNabb spoke to First Union’s submission against Council adopting the Easter Sunday Trading policy, on behalf of the membership of around 250 workers. Currently retail workers in Napier have a guaranteed three and a half days off in a year; this policy would reduce this to two and a half. He noted the importance of family and whanau spending time together over the Easter period. Easter is special in that it gives families four consecutive days off.

In response to questions from Councillors the following points were clarified:

·         There is no time and a half or time in lieu for Easter Sunday.

·         Mr McNabb’s petition of around 400 signatures [tabled at the meeting] included retail shoppers as well as employees.

·         First Union members affected by Easter Sunday trading would be mainly supermarket and larger business employees.

·         Supermarkets are included in the Easter Sunday Trading policy.

·         Although there were no grievances raised in relation to Easter Sunday last year, quite a few workers were affected and felt pressured to work.

·         Having bylaws in place will make it easier for Government and the Unions to sit down and discuss workers’ rights.

Meeting adjourned at 9.59am

Meeting reconvened at 10.30am

 

Ruth Smithies

Ruth Smithies spoke to her submission against Council adopting the Easter Sunday Trading policy. Easter is a special event with four consecutive days for families and cultural groups to gather and sports tournaments/ festivals to be held. We should promote people over commerce. She noted that it would be culturally insensitive to ignore the religious significance of Easter Sunday, and what we do in Napier will impact elsewhere i.e. Hastings.

It is naïve to think workers won’t be impacted in a negative way and competitive pressure makes it difficult for small retail businesses to refuse to open. By adopting the Easter Sunday Trading policy, Council would be promoting limitless growth in direct contrast with their own principal of encouraging a more sustainable lifestyle.

Robin Gwynn

Dr Gwynn spoke to his submission against adopting the Easter Sunday Trading policy, noting that Napier would be bleaker if we lost a four day weekend for families to spend time together. As a child, the common break days established by law were important to allow families time to spend together. In our times we are in desperate need of hope and parents should be encouraged to put family first. We should value people over commerce. In allowing retailers to open on Easter Sunday, pressure is put on workers and only the wealthy would have the freedom of choice.

Reverend Tony Franklin-Ross - Trinity Methodist Church

Reverend Franklin-Ross spoke to his submission against Council adopting the Easter Sunday Trading policy. The socially responsible outcome would be to put community interest first. He spoke to religious observance of Easter Sunday and suggested that rather than promoting retail on this date we could work with tourism operators to enjoy Napier in a special non-commercial way.

He cited other cities as examples where religious holiday observance does not affect tourism. The Reverend acknowledged that other industries already work on this date; however, it isn’t about who is working but rather about ensuring those that are working are doing so in the interests of the community, as opposed to financial gain.            

Greg Harford – Retail NZ

Mr Harford spoke to his submission in favour of Council adopting the Easter Sunday Trading policy, noting that the Policy does not create any requirement for anyone to go shopping or to open their shop on this day. Workers have rights under the law and employers must advise their staff that they are not required to work.

In response to questions from Councilors, the following points were clarified:

·         Approximately two thirds of Councils have adopted policies allowing shops to open on Easter Sunday.

·         In relation to whether the arguments in favour of adopting the Policy apply to Christmas/ Good Friday etc., this hasn’t been addressed in submissions as the question at present is specifically in relation to Easter Sunday.

Kay Craig

Mrs Craig spoke to her submission against Council adopting the Easter Sunday Trading policy, noting that Easter Sunday is one of the most significant days on the Christian calendar.

Napier is already a tourist destination; there is no need for the shops to open on Sunday. She highlighted the potential negative impact on employees if they decline to work on Easter Sunday and noted this is a time for family to spend together. If Council adopt the Policy, this could also be applied to Good Friday and Christmas etc. One change in law or policy opens the door for others when this may not have been the original intention.

Maurice Craig

Mr Craig spoke to his submission and specifically the influence of Jesus Christ, noting the religious aspect of this day. He acknowledged that his spiritual viewpoint is not shared by everyone but stated that we should honour Jesus Christ as a community.

We commemorate ANZAC Day as we should; Jesus Christ should be continued to be held as a leader and inspiration of so much that is good in this country.

Meeting adjourned at 11.24am

Meeting reconvened at 11.57am

Wayne Church

Mr Church spoke to his submission in favour of Council adopting the Easter Trading policy. He noted that the policy has been in place for two years now, without incident, which should be seen as ample endorsement of Council’s decision. He addressed the High Court action in this matter as well as the religious element.

Council’s original decision was the correct one and he respectfully requested that it remain the same. Can it really be called a holiday if we are restricted by what we can do on that day?

 

The meeting moved into deliberations at 12.09pm.

 


 

deliberations

1.    Easter Sunday Trading Policy - Summary of Submissions Report

Type of Report:

Legal and Operational

Legal Reference:

Local Government Act 2002

Document ID:

667671

Reporting Officer/s & Unit:

Paulina Wilhelm, Manager City Development

 

1.1   Purpose of Report

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

 

At the Meeting

 

During the course of deliberations the following points were raised and discussed:

 

For the motion:

·         Council needs to weigh up the content of each submission as well as considering the sheer numbers for or against a proposal.

·         Regardless of whether one holds and or actively pursues any faith based practises, it is important that opportunity for others to choose according to their own preferences is given. Council should not compel people based on a belief system they may not hold.

·         Council should not mandate the choices of retailers in this matter; they should have the option to open at a time of year which still sees significant numbers of tourists visiting the city. Equally, opening would not be mandatory.

·         It is the role of Council to act as an enabler, and not to close off opportunities.

·         The option to trade on Easter Sunday has been available for two Easters since the original decision, and no significant negative impacts have been raised over that time.

·         The debate is not between religion, family and or commercial interests, but a matter of freedom of choice.

·         Most other sectors do not have the option not to work on Easter Sunday if it is a rostered day.

·         Social/ family breakdown and employment vulnerability are large, complex issues and it is difficult to argue that the outcome of this decision will mitigate or exacerbate them.

·         It is important to trust employers to behave in a responsible manner towards their employees, and in unions and the law to address situations where this is not the case.

·         Families look, behave and believe very differently now to 50 or 60 years ago. Whatever their structure or preferences they should have a full range of choices as to what they do.

·         The impact of religion is diminishing significantly in New Zealand and is losing its emphasis across our society as a whole.

 

Against the motion:

·         The majority of submissions did not support the option to open on Easter Sunday.

·         There is a need to consider those retail workers for whom the option to turn down work on Easter Sunday may be less of a real choice, such as part time or casual workers.

·         The debate is not religion vs commercial interests, but rather about family and family time.

·         It was undesirable to reduce the number of guaranteed days off for retailers and their staff.

·         The current four days off in a row makes Easter a unique holiday in New Zealand. It is in the interests of families to protect this.

·         Community interests should be promoted over commercial ones in this matter.

 

Council resolution

Councillors White / McGrath

That Council:

a.     Receive, consider and hear (where requested) submissions on the proposed Easter Sunday Trading Policy

b.     Following consideration of submissions, Council adopts the Easter Sunday Trading Policy 2018 to allow shops to trade on Easter Sunday in the Napier District.

The division was declared carried by 8 votes to 3 votes the voting being as follows:

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

Against:         Councillors Boag, Brosnan and Tapine

Carried

   

 The meeting closed at 12.42pm

 

 

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

 

 

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

 

 

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