Māori Consultative Committee - 04 December 2018 - Open Agenda
Māori Consultative Committee
Open Agenda
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Meeting Date: |
Tuesday 4 December 2018 |
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Time: |
3.00pm |
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Venue: |
Ikatere Meeting Room 2nd Floor 265 Marine Parade |
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Committee Members |
Piri Prentice (In the Chair), Councillor Apiata Tapine, Tiwana Aranui, Te Whetu Henare-Winitana and George Reti |
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Officer Responsible |
Director Community Services |
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Administration |
Governance Team |
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Next Māori Consultative Committee Meeting Tuesday 26 February 2019
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Māori Consultative Committee - 04 December 2018 - Open Agenda
ORDER OF BUSINESS
Karakia
Apologies
Nil
Conflicts of interest
Public forum
Nil
Announcements by the Chairperson
Announcements by the management
Confirmation of minutes
A copy of the Minutes from the meeting held on Tuesday, 23 October 2018 are attached on page 141
Reports from Standing Committees
Reports from Strategy and Infrastructure Committee held 13 November 2018
1 Compliance with Current Drinking-water Standards for New Zealand - 2017/18.............. 3
2 Speed Limit Bylaw Review 2018..................................................................................... 8
3 Lease of Reserve - Napier Free Kindergarten Association Incorporated........................ 50
Reports from Regulatory Committee held 13 November 2018
1 Appointment of District Licensing Committee (Decision of Council)............................... 53
2 Napier Christmas Fiesta - Provision of Food Trucks...................................................... 56
Reports from Finance Committee held 27 November 2018
1 Three Waters Review (Decision of Council).................................................................. 58
2 District Plan Review Funding Options........................................................................... 64
3 Budgets to be carried forward to 2018/19...................................................................... 67
4 Rating Outturn Surplus 2017/18.................................................................................... 70
5 Leases of Reserve - Napier Free Kindergarten Association Incorporated...................... 72
6 Fire Hydrant Use Policy 2018........................................................................................ 77
Reports from Community Services Committee held 27 November 2018
1 Library Strategy Consultation Feedback........................................................................ 88
2 Creative Communities Funding September 2018........................................................ 123
3 Youth Policy Review................................................................................................... 129
General Business
Seminar - Māori Consultative Committee members
Discussion regarding the District Plan Review – 15 mins
(Team Leader Policy Planning)
Reports from standing committees
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Māori CONSULTATIVE COMMITTEE RECOMMENDATION That the Māori Consultative Recommendations arising from the discussion of the Committee reports be submitted to the Council meeting for consideration. |
Reports from Strategy and Infrastructure Committee held 13 November 2018
1. Compliance with Current Drinking-water Standards for New Zealand - 2017/18
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Information |
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Legal Reference: |
N/A |
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Document ID: |
656402 |
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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.
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Councillors Brosnan / Hague That the Strategy and Infrastructure Committee: a. Receive the update on compliance with current drinking-water standards. Carried
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Each year, the District Health Board Drinking Water Assessors (DWAs) of CNIDWAU assess the public water supplies under their jurisdiction and produce a compliance report. The compliance reporting period is, 1st of July to 30th of June following year. The compliance report is the basis for “Annual Report on Drinking Water” published by the Ministry of Health.
Napier Water Supply is assessed in 3 main areas with regard to compliance. They are as follows:
· Bore compliance
· Distribution zone (pipe network) compliance
· Compliance with duties in the Health Act 1956
The water supply must comply with all 3 areas mentioned above, to achieve full compliance with current DWSNZ and duties under Health Act.
1.3 Compliance with Current Drinking Water Standards
Council received its compliance report from DWA for the period of 1 July 2017 to 30 June 2018. The report identified that Napier Water Supply did not fully comply with the current DWSNZ for the year 2017/18 due to aspects of technical non-compliance with reporting of bore monitoring.
The summary of the compliance for the year 2017/18 is given in the following table.
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Compliance Area |
Achieved/not achieved |
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Bores |
Not achieved |
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Distribution zone |
Achieved |
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Duties in the Health Act 1956 |
Achieved |
Due to a non-compliance result for supply bores, Napier’s Water Supply did not achieve full compliance with current DWSNZ.
1.4 Reasons for Not Achieving Bore Compliance
Since the removal of bore security status in July 2017, the Council was required to complete the following additional work to meet the current DWSNZ (it should be noted that from a compliance perspective during this period of bore security status removal the drinking water was non-compliant for protozoa, which has never been present in the water supply):
1. Take daily water samples from each bore and test for E.Coli and demonstrate that E.Coli is not present in source water (for bacteriological compliance);
2. Install an appropriate treatment system such as UV treatment to treat protozoa (for protozoa compliance).
Napier Water Supply did not meet these criteria due to following reasons:
1. In late July 2017, Council contracted water samplers were not able to take water samples from one of the bores situated at King Street (bore T5) due to a non-operational sampling tap. The period over which samples could not be taken was 7 days. Although no contamination has been identified in water from this bore, bacteriological compliance was not achieved for year 2017/18 due to this lapse in sampling.
2. While chlorination units have been installed at all operative bore sites to minimise the contamination risk associated with the water reticulation system, treatment to address protozoa risk (such as UV treatment) has not been installed. Therefore, protozoa compliance was not achieved. Installation of protozoa treatment systems is difficult at most of the existing bore locations and expensive. The risk of protozoa contamination in groundwater in New Zealand is very low. The DWA was satisfied with Council’s programme of work in the Water Safety Plan to reobtain interim bore security status.
1.5 Bore Improvement Wok Undertaken by the Council
Following the loss of bore security status, the 3 Waters Team took action to regain bore security status. Following discussions with the CNIDWA it was agreed that Council would engage an independent expert to assess and recommend the works required to regain the bore security status.
The Council appointed GHD Consultants as the independent expert advisor to undertake this work. GHD inspected all of Council’s bores and made recommendations to carry out additional works.
The 3 Waters Team were able to carry out the recommended additional works for five bores namely Coverdale bore, Bledisloe Park bore, Riverside Park bore, Guppy Road South bore and King Street bore to the satisfaction of the independent Consultant by 30 June 2018. The Consultant produced a report confirming that these bores can be granted bore security status. On the basis of Consultant’s report, the DWA did grant interim bore security status for these 5 bores effective from 1 July 2018.
The production rate from these five bores is sufficient for the current (off peak) water demand and as a result the remaining bores were taken out from the production. This means, currently Napier Water Supply has full compliance with the DWSNZ.
Further improvement works are being carried out to improve 2 additional bores namely Guppy Road North and Awatoto 1, to regain bore security status for these bores. These works are expected to be completed by the end of November 2018 and will be connected to the network following sign off from the DWA for interim bore security status.
The addition of these 2 bores to the supply will ensure that the Council can meet peak summer demand. Further to this, a new bore is being developed at Awatoto which will meet the requirements of the bore security criteria and will be added to the network after sign off by the DWA for bore security status. This bore will be added to the system when the necessary work has been completed to further boost the production capability.
1.6 Future Work Programme to Improve Water quality
There are a number of capital projects planned in the LTP to upgrade the water system to improve the water quality and reduce the health risk to the community. The total amount budgeted for these projects in the next 5 years is approximately $9.8 million. This work is summarised in the following table:
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Year |
Project |
Budget ($) |
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2018/19 |
Dedicated water take points from reticulation |
95,000 |
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2018/19 |
Groundwater modelling and source protection zones |
150,000 |
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2018/19 |
Improve existing bores and treatment systems |
250,000 |
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2018/22 |
Construction of new bore fields and associated works |
5,650,000 |
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2018/2020 |
New water treatment plants |
1,700,000 |
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2018/21 |
Reservoir improvements |
1,980,000 |
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Total |
9,825,000 |
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1.7 Conclusion
Napier Water Supply did not fully comply with current DWSNZ for 2017/18 year due to loss of bore security status in July 2017 which required additional water treatment and water testing. The interim bore security has been regained for most of the bores by the end of June 2018. In the current LTP, capital projects to the value of approximately $9.8 million have been included in the first 5 years to address the risks associated with water quality.
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It was noted that at the time of preparation of the agenda, the Central North Island Drinking Water Assessment Unit report on compliance with drinking-water standards had only been received in draft; the final report has now been received and will be brought to Council on 11 December 2018. No significant changes have been highlighted, only wording to make the report more specific to Napier. A number of Councillors referred to a report recently released by Local Government New Zealand regarding Three Waters. Officers confirmed they would provide comments to Councillors on the report once they have reviewed the same. In response to questions from Councillors the following points were clarified: · Chlorination is important to ensure a multi-barrier approach is taken when addressing the risks to drinking-water. The risk of contamination to Napier’s drinking-water is associated with the reticulation network; this risk is managed through chlorination. Council be non-conforming with the Water Safety Plan if they did not chlorinate to manage the risk of contamination. · A programme of work is underway at present to build dedicated treatment facilities. With the existing temporary facilities, chlorination dosing is automated based on flow rate but the servicing of those facilities is a very manual exercise currently performed daily by team members. · Two new dedicated bore fields are to be developed, one within the general Taradale area and the other in Awatoto. Council is looking to retire those bores that could not be lifted above ground and build others in a suitable location within the two proposed bore field areas. · One additional bore will come online at the end of November once it has obtained interim secure bore status. · Bore life expectancy is around 50-60 years and of Council’s existing bores, half are around 30 years old. As part of Council’s work programme the existing bores have been assessed for condition and performance and delivered good results. · All bores were non-compliant for a period due to secure bore status being removed following the Havelock North Drinking Water Incident. Council has now gained interim secure bore status for approximately half of our bores. The non-compliance in the network occurred in the six months preceding the year the report is referring to. There was one week during the period the compliance report covers where Council was non-compliant due to the transfer from in-house water testing to using a contractor. The contractor was unable to sample one bore Council was therefore considered non-compliant for that week. The particular bore in question has never returned a positive ecoli test result. · The peak water usage demand this month is higher than any day in November last year. Council currently has capacity to deliver to the summer demand, however there is always a risk of bore or pump failures and for this reason it is important to have additional capacity online. · When forecasting future demand and total water allocation all areas of growth are considered.
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1.8 Attachments
Nil
Māori Consultative Committee - 04 December 2018 - Open Agenda
2. Speed Limit Bylaw Review 2018
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Legal and Operational |
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Legal Reference: |
Local Government Act 2002 |
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Document ID: |
468094 |
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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.
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Councillors White / Wright That the Strategy and Infrastructure Committee: 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
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⇩ 2.2 Background Summary
In 2017 NZTA introduced the new Land Transport Rule: Setting of Speed Limits 2017 along with the 2016 Speed Management guide to help RCAs determine and set appropriate speed limits. The setting of speed limits was a responsibility delegated to RCAs by Central Government in 2003 and detailed in the Land Transport Rule: Setting of Speed Limits 2003 which is superseded by the new setting of speed limits rule.
The new Setting of Speed Limit Rule provides the legal procedure for establishing speed limits on public roads by way of a bylaw under the Local Government Act (LGA) 2002. This does not include setting of temporary speed limits.
The new rule also sets out the approach for evaluating and determining speed limits in line with the Speed Management Guide.
Council can change existing speed limits by amending their Speed Limits Bylaw with Napier’s most recent amendment completed in 2012. Any amendment requires Council to follow the special consultative procedure under the LGA 2002 and the Setting of Speed Limit Rule also provides its own consultation requirements.
The process for reviewing and setting a new speed limit on public roads is:
· Council must review and set speed limits in accordance with the Land Transport Rule: Setting of Speed Limits 2017;
· Analysis is undertaken to establish the safe and appropriate speed limit for the road in accordance with the Speed Management Guide and the Land Transport Rule: Setting of Speed Limits 2017;
· Council may set speed limits for designated locations in accordance with section 8 of the Land Transport Rule: Setting of Speed Limits 2017;
· Council resolves to amend their Speed Limits Bylaw to set the revised speed limits under the LGA process;
· A Statement of Proposal is prepared with reasons for the changes and a draft of the revised Speed Limits Bylaw;
· The Statement of Proposal is publicly notified with a period of not less than 1 month being provided for submissions;
· The Land Transport Rule: Setting of Speed Limits 2017 requires that the following people, organisations and communities that are affected by the proposed speed limits are consulted;
o New Zealand Transport Agency;
o The chief executive of the New Zealand Automobile Association Incorporated;
o The chief executive of the Road Transport Forum New Zealand;
o Any local communities considered to be affected by the proposed speed limit;
o The Commissioner of the New Zealand Police;
o Hastings District Council;
o Hawkes Bay Regional Council;
o Any other organisation or road user group the Council considers affected;
· Acknowledge all received submissions and allow submitters the opportunity to be heard;
· After considering submissions and other relevant material, the Council sets a speed limit that it considers to be safe and appropriate for the particular road by making the necessary amendments to their Speed Limit Bylaw;
· The Director of NZTA and the Commissioner of Police are notified of the changes;
· Any required speed limit signs are erected in accordance with the Bylaw Plans;
Council Officers have previously identified a number of possible speed limit changes which were publicised during an informal public consultation process. During this consultation, the public were asked for their opinion on the proposed changes along with an opportunity to request further changes that they felt were necessary. 2630 responses were collected during the informal consultation process and below is a summary of the responses to the proposed changes:
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Proposal |
Agree |
Disagree |
Skip this question |
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Implement Variable 30km/h school zones |
73% |
24.3% |
2.7% |
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Reduce all Napier Hill roads to 40km/h |
53.16% |
42.47% |
4.37% |
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Reduce Sandy Road & Brookfields Road to 80km/h |
38.16% |
52.69% |
8.7% |
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Reduce Tannery Road & Burness Road to 80km/h |
40.07% |
50.32% |
9.61% |
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Increase the 70km/h section of Meeanee Road to 80km/h |
74.64% |
23.06% |
2.29% |
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Reduce Puketitiri Road to 80km/h |
46.91% |
39.95% |
13.13% |
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Reduce Poraiti Road, Fryer Road, Penrith Road, Silverton Road & Quarry Ridge to 80km/h |
45.49% |
35.68% |
18.83% |
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Reduce Springfield Road to 80 km/h |
37.03% |
46.99% |
15.98% |
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Reduce the 100km/h section of Prebesen Dr to 80km/h |
35.4% |
60.6% |
4% |
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Reduce the 100km/h section of Puketapu Road to 50km/h |
30.45% |
55.87% |
13.68% |
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Reduce the 70km/h section of Tamatea Drive to 50km/h |
46.12% |
48.26% |
5.62$ |
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Reduce the 70km/h section of Te Awa Avenue, all of Eriksen Road and all of Kenny Road to 50km/h |
44.71% |
45.12% |
10.17% |
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Reduce the northern end of Onehunga Road to 50km/h |
29.05% |
41.61% |
29.34% |
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Extend the 50km/h in Meeanee village to include the two intersections |
56.57% |
36.61% |
6.82% |
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Reduce the section of Marine Parade between Vautier St and Coote Road to 30km/h |
27.99% |
69.1% |
2.91% |
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Reduce the EIT bus layby on Gloucester St to 20km/h |
29.8% |
61.08% |
9.12% |
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Reduce Symons Lane to 20km/h |
56.18% |
35.63% |
8.19% |
The analysis of the additional proposals requested by the public have been evaluated and are appended to this report. Those roads that Council officers agree should be included in this review have been included in the table below.
The draft Statement of Proposal document is appended to this report and the table below provides a summary of the proposed changes.
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Location/Road Name |
Current Speed Limit (km/h) |
Proposed Speed Limit (km/h) |
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Urban school zones |
50 |
30 |
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All roads on Napier Hill |
50 |
40 |
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Sandy Road |
100 |
80 |
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Hales Road |
100 |
80 |
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Sears Road |
100 |
80 |
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Jessep Road |
100 |
80 |
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King Road |
100 |
80 |
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Brookfields Road |
100 |
80 |
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Tannery Road |
100 |
80 |
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Burness Road |
100 |
80 |
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Waverley Road |
100 |
80 |
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Ulyatt Road |
100 |
50 |
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Meeanee Road |
70 |
80 |
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Puketitiri Road |
100 |
80 |
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Poraiti Road |
100 |
80 |
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Fryer Road |
100 |
80 |
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Nilgri Road |
100 |
80 |
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Boyd Road |
100 |
80 |
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Pinleigh Drive |
100 |
80 |
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Ballantyne Road |
100 |
80 |
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Ballantyne Place |
100 |
80 |
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Longview Road |
100 |
80 |
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Penrith Road |
100 |
80 |
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Silverton Road |
100 |
80 |
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Quarry Ridge |
100 |
80 |
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Springfield Road |
100 |
80 |
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Prebensen Drive |
100 |
80 |
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Awatoto Road |
100 |
80 |
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Hill Road |
100 |
80 |
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Puketapu Road |
100 |
50 |
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Tamatea Drive |
70 |
50 |
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Te Awa Avenue |
70 |
50 |
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Eriksen Road |
100 |
50 |
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Kenny Road |
100 |
50 |
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Onehunga Road (western end) |
100 |
50 |
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Awatoto Road (70m from intersection of Meeanee Road) |
100 |
50 |
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Sandy Road (70m from intersection of Meeanee Road) |
100 |
50 |
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Brookfields Road (70m from intersection of Meeanee Road) |
100 |
50 |
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Marine Parade (Vautier St to Coote Road) & removal of 40kh/m “Courtesy Zone” |
50 |
30 |
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Bus layby on Gloucester Street |
50 |
20 |
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Symons Lane |
50 |
20 |
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Gloucester Street |
70 |
50 |
2.3 Issues
The Land Transport Rule: Setting of Speed Limits 2017 permits variable speed limits to be set on roads next to educational facilities. The variable speed limit has to be a speed limit in accordance with the Land Transport Rule: Setting of Speed Limits 2017. 70km/h, 90km/h and 110km/h are only applicable under the strict approval of NZTA’s Network Manager.
NZTA’s Traffic Note 37 permits variable speed limits at schools in the urban area to be 40 km/h as this significantly reduces the level of injury if a child is struck by a vehicle.
The New Zealand Ministry of Transport’s 2012 research report in to speeding states “At 30km/h pedestrians have about a 90 percent chance of surviving the impact of a motor vehicle, whereas if struck at 45km/h they have only a 50 percent chance of surviving.”
Napier City Council’s transportation team believe that the appropriate variable speed limit for school zones, only when children are present, should be 30km/h to help protect them.
Council’s initial correspondence with NZTA’s Network Manager indicates that he is unwilling to approve 30km/h at schools as there would be inconsistency across New Zealand.
Whilst officers support this principal of maintaining consistency we do not believe that this is an issue where speeds will be guided by active electronic signage.
Officers have contacted a number of other RCAs (including Hastings District Council, Central Hawkes Bay District Council, Wairoa District Council, Palmerston North City Council and Dunedin City Council) and all are in favour of 30km/h school zones.
2.4 Significance and Engagement
Council is required, under the bylaw-making provisions of the LGA 2002 and the Land Transport Rule: Setting of Speed Limits 2017, to use the special consultative procedure to make, amend or revoke a bylaw.
Should Council determine to proceed with the recommendations of this report, then the appended Statement of Proposal along with the proposed amended Bylaw will need to be publicly notified and made available. They will be available at:
· Napier City Council office, Dunvegan House;
· Napier Library;
· Taradale Library; and
· The Napier City Council website www.napier.govt.nz
The Statement of Proposal provides the procedure for making submissions on the proposals.
All affected parties will be notified of the consultation period and where a copy of the Statement of Proposal can be viewed or obtained.
The minimum period for consultation under the special consultative procedure is one month which is proposed here.
Submitters will all be formally acknowledged and those who have indicated that they wish to speak to their submission will be scheduled to do so. All consultation material, feedback and submissions will be on the agenda at a future Council meeting.
Council will follow the above procedures with key dates below:
· Council approves the draft bylaw for consultation 11th December 2018
· Public consultation starts 28th January 2019
· Public consultation ends 1st March 2019
· Council bylaw hearing with submissions being heard April 2019
2.5 Implications
Financial
It is estimated that the costs to carry out the bylaw amendment under Option 2 (below) will be $50,000+GST. These costs include the public consultation material and the changes to signage excluding the electronic variable school zone signs which is currently budgeted in the 2019/20 financial year.
Social & Policy
A review of the current Speed Limit Bylaw 2012 was put on hold whilst NZTA completed their review of the Speed Limit Rule. Now that the Land Transport Rule: Setting of Speed Limits 2017 is in place a review can be undertaken.
Risk
With further consultation with NZTA’s Network Manager being required, it is uncertain whether variable school zone speed limits of 30km/h will be permitted.
Should NZTA not permit the use of 30km/h variable school zone speed limits, officers will pursue the use of already approved (by NZTA) variable school zone speed limits of 40km/h or generic variable speed limits of 30km/h.
2.6 Options
There are two options available to Council and as follows:
1. Do nothing and retain the existing bylaw including its schedules.
2. Propose to amend the Speed Limit Bylaw as detailed in the Statement of Proposal and to proceed with public consultation on the proposal by way of the special consultative procedure in accordance with the LGA 2002 and the Land Transport Rule: Setting of Speed Limits 2017.
2.7 Development of Preferred Option
The preferred option is Option 2.
This provides a full opportunity for the public and all other appropriate bodies to comment on the speed limit changes proposed.
The process described is in accordance with the obligations as set out in the LGA 2002 and the Land Transport Rule setting of speed limits 2017.
Rule 4.2(2) of the Land Transport Rule setting of speed limits 2017 requires that when reviewing or considering setting a new speed limit that the Council (as Road Controlling Authority) considers a range of factors:
a) the information about speed management developed and maintained by NZTA;
b) any relevant guidance on speed management provided by NZTA;
c) the function and use of the road;
d) crash risk for all road users;
e) the characteristics of the road and roadsides;
f) adjacent land use;
g) the number of intersections and property accesses;
h) traffic volume;
i) any planned modification to the roads; and
j) the views of interested persons and groups.
The proposals as described in the Statement of Proposal are deemed to provide safe and appropriate speed for the roads and sections of roads identified taking into account the above factors.
The public consultation process will enable Council to obtain and consider the views of persons likely to be affected by this proposal.
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In response to questions from Councillors the following points were clarified: · In relation to reducing the school zone speed to 30km/h, Council places a higher priority on achieving the higher levels of safety for vulnerable road users than with remaining consistent with New Zealand Transport Agency’s (NZTA) current approach to school speed zone speed limits. All affected zones would be accompanied by flashing signs. A number of peer Councils are closely watching this space. The probability of fatality at 40km/h is 40% with the probability of fatality at 30km/h being 10%. · 20km/h for the bus layby on Gloucester Street is a low speed limit, but this is standard between carpark and bus areas. · Further detail and technical data will be made available through the public consultation process. · It is not possible to be predetermined in the Speed Limit Bylaw review process as the NZTA have final sign-off.
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2.8 Attachments
a Draft Statement of Proposal
b Public speed limit request analysis
3. Lease of Reserve - Napier Free Kindergarten Association Incorporated
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Legal |
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Legal Reference: |
Reserves Act 1977 |
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Document ID: |
655792 |
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Reporting Officer/s & Unit: |
Bryan Faulknor, Manager Property Jenny Martin, Property and Facilities Officer |
3.1 Purpose of Report
To obtain 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.
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Mayor Dalton / Councillor Brosnan That the Strategy and Infrastructure Committee: 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
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The Carlyle Kindergarten, under the administration of the Napier Free Kindergarten Association Incorporated, is an incumbent tenant and user of the Thackeray Street Reserve. The Kindergarten has been a responsible tenant of the land on which the Kindergarten is located over many years. There is no ground lease for this Reserve land and a lease needs to be entered into to provide certainty and clarity for both Council and the Association.
Council’s standard procedure is to grant ground leases for a period of 15 years with one 15-year right of renewal. It is recommended that this model be adopted for this lease. The proposed lease area is shown on the attached plan.
The Council has delegation under Section 61 of the Reserves Act 1977 to enter into a lease with the Napier Free Kindergarten Association Incorporated.
3.3 Issues
No issues
3.4 Significance and Engagement
Not applicable
3.5 Implications
Financial
Not applicable
Social & Policy
Not applicable
Risk
Not applicable
3.6 Options
The options available to Council are as follows:
a. (Preferred option): To enter into a ground lease with the Napier Free Kindergarten Association Incorporated for Carlyle Kindergarten for a term of 15 years with one 15-year right of renewal.
b. To not enter into a ground lease with the Napier Free Kindergarten Association and instead manage the tenancy under the terms of the property Law Act, on a month by month basis.
3.7 Development of Preferred Option
Option 1 is the preferred option as it gives certainty and clarity to both Council and the Association.
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There was no discussion on this item.
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3.8 Attachments
a Carlyle Kindergarten lease plan
Māori Consultative Committee - 04 December 2018 - Open Agenda
Reports from Regulatory Committee held 13 November 2018
1. Appointment of District Licensing Committee
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Operational |
|
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Legal Reference: |
Sale and Supply of Alcohol Act 2012 |
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Document ID: |
661285 |
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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.
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Councillors Taylor / Wright That the Regulatory Committee: 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
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Council Resolution |
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
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The Napier District Licensing Committee (DLC) was established in November 2013 and is the first DLC established under Sale and Supply of Alcohol Act 2012 (the Act). The DLC function is to consider and determine all matters set out in the provisions of the Act.
The Council approved the original appointment of five nominated persons to the DLC on 28 November 2013 for a period of five years.
On 24 February 2016 Council approved that Deputy Mayor Faye White be Deputy Chair and that Councillor Keith Price be appointed as a member of the DLC to be drawn on for the purposes of hearings; however, the term of appointment for Councillor Price was not specified.
The current members of the DLC are:
· Dave Fellows as Commissioner and Chair
· Deputy Mayor Faye White as Deputy Chair
· Councillor Keith Price
· John Cocking
· Ross Pinkham
Under the Act, all appointments to the DLC are for a term of up to five years and such persons may also be approved for one or more further periods of up to five years.
All current DLC members have indicated they wish to seek reappointment for a further term.
1.3 Composition and Term of Appointment
The composition of the DLC is determined by Council and depending on the decision made, may or may not consist of elected members.
Under the Act, a licensing committee must consist of three members appointed by the territorial authority. One member must be appointed as the chairperson and that member must be a member of that territorial authority or a commissioner appointed to the licensing committee. A member of the territorial authority may also be appointed as a deputy chairperson.
The other two members of the licensing committee must be appointed from the territorial authority’s list of persons approved to be members of the licensing committee.
While the first DLC appointments were made for a term of five years, a more manageable commitment of three years is proposed.
In addition, alignment with the election process where the DLC appointments follow the political appointment is also proposed to allow for those elected to decide on the composition of the DLC.
Aligning the DLC appointment process to follow the election cycle provides for the following benefits:
a. A shorter and more manageable commitment of three years rather than five years for DLC members;
b. Alignment with other committee appointments following an election;
c. Consideration of elected members for appointment to the DLC, if elected members are to be appointed, and
d. Only one appointment process per triennium, if elected members are to be appointed.
1.4 Reappointment of District Licensing Committee
The next triennial election will be undertaken in October 2019. To allow the DLC appointment process to follow the election, it is proposed that the current DLC are reappointed for a term of 12 months to 29 November 2019. This would also include the reappointment of Deputy Mayor White as Deputy Chair, and Councillor Price to align his appointment with the other DLC positions.
At the end of the term and following the 2019 elections, it is proposed that a recruitment process is undertaken to fill all DLC positions. And that appointments are for a term of three years to remain in sync with the election cycle.
1.5 Significance and Engagement
Staff considered that the recommendations in this report have low significance under the Significance and Engagement Policy.
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It was noted that there is no requirement for Councillors to be appointed to the District Licensing Committee and that due to the nature of this committee it would be beneficial for members to have a legal background. In response to questions from Councillors, the Director City Strategy advised that the value in having local representation on the committee is to ensure local circumstances are considered in the decision, as well as the safe consumption of alcohol.
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1.6 Attachments
Nil
Māori Consultative Committee - 04 December 2018 - Open Agenda
2. Napier Christmas Fiesta - Provision of Food Trucks
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Procedural |
|
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Legal Reference: |
Local Government Act 2002 |
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Document ID: |
652821 |
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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.
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Councillors Brosnan / Wise That the Regulatory Committee: 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
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Napier City Business Inc. will once again host the Napier Christmas Fiesta at the Clive Square end of the city following the Napier Christmas Parade. This is always a popular event that attracts up to 5000 people, many of whom are young families from across the Hawke’s Bay. The Fiesta provides a variety of entertainment for kids and adults, and will be free to attend. The addition of five food trucks will add to the buzz of the Fiesta and will provide quick, cheap street food for families. Clive Square East and Emerson Street between Clive and Memorial Squares will be closed to traffic for the event.
The Trading in Public Places Bylaw prohibits the sale of goods to the public within the city centre unless a resource consent or a specific resolution of Council has been obtained. This report to Council seeks a specific resolution of Council to allow the sale of food and drink to the public on this day and within this time period.
2.3 Issues
Napier City Business Inc. will host this event. They have communicated with food providers located nearby, and have received their full support.
2.4 Significance and Engagement
Napier City Business Inc. will host this event. They have communicated with food providers located nearby, and have received their full support.
2.5 Implications
Financial
N/A
Social & Policy
The Trading in Public Places Bylaw prohibits the sale of goods to the public within the city centre unless a resource consent or a specific resolution of Council has been obtained.
The addition of 5 food trucks will add to the buzz of the Fiesta and will provide quick, cheap street food for families.
Risk
N/A
2.6 Options
The options available to Council are as follows:
a. Resolve to allow the sale of food and drink to the public at the Napier Christmas Fiesta event
b. Do not allow the sale of food and drink to the public at the Napier Christmas Fiesta event
2.7 Development of Preferred Option
As previously stated, the addition of five food trucks will add to the ‘buzz’ of the Fiesta and will provide quick, cheap street food for families. Napier City Business Inc has spoken with the food providers located nearby, and have received their full support.
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In response to questions, it was noted that further information would be provided to Councillors following the meeting as to whether priority would be given to waste-free vendors at this event.
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2.8 Attachments
Nil
Māori Consultative Committee - 04 December 2018 - Open Agenda
Reports from Finance Committee held 27 November 2018
1. Three Waters Review
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Information |
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Legal Reference: |
N/A |
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Document ID: |
667489 |
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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.
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Mayor Dalton / Councillor Taylor That the Finance Committee: 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
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Council Resolution |
That the Finance Committee: 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
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The Government is investigating options on how to improve the management of drinking water, stormwater and wastewater (“Three Waters”) to better support New Zealand’s prosperity, health, safety and environment. Local Government Minister Nanaia Mahuta has announced a reform programme to transform drinking, storm and wastewater. It is focused on the challenges facing the sector, including funding pressures, rising environmental standards, climate change, seasonal pressure from tourism, and the recommendations of the Havelock North Inquiry. The review is in its second stage.
Stage One – This stage explored the issues and opportunities with three waters services by gathering and analysing information. This was completed at the end of 2017.
Stage Two – This stage commenced in March 2018. It is looking at options for improving the three waters system, including the management, service delivery, funding, and regulatory arrangements.
Central Government has advised that they will work closely with councils, Iwi and all stakeholders with an interest in three waters services in order to develop options and recommendations.
There is an opportunity to provide the Hawke’s Bay’s perspective into the Central Government review on developing options to address the key concerns on how we can improve the management of drinking water, storm water and wastewater (“Three Waters”) to better support our community’s prosperity, health, safety and environment.
The Minister has advised she is supportive of our region’s proposal to complete this review and other Councils are interested in our approach and how it may be adopted as part of the wider government review.
The purpose of the Hawke’s Bay review is to have developed recommendations for regional performance improvements to our Three Waters systems to help guide Central Government’s thinking to deliver:
· Safe, NZDWS compliant and reliable drinking water
· Better environmental performance for our water services
· Efficient, sustainable, resilient, and accountable water services
· Achieving these aims in ways that are efficient and effective for our communities.
This review will need to address the following challenges for our water systems and communities:
· Meeting community expectations for each of the Three Waters across quality, treatment and management
· Meeting regulatory requirements for the Three Waters for quality, treatment and management
· The ability to replace infrastructure as it ages, and or fund and manage new infrastructure to meet changing customer and regulatory requirements.
· Declining rating bases in some areas, high growth in others
· High seasonal demand in small tourism centres
· Adapting for climate change and adverse natural events.
The review will identify and develops options for structure and governance models that:
· Develop and confirm ‘Key Principles’ of approach that are shared and agreed by the respective council’s
· Identify service and delivery model opportunities through joint provision of all or some elements of the Three Waters services. In identifying a range of models these shall be compared to the status quo including clustering of sub-regional entities. The model’s must be flexible enough to future proof for the inclusion of private water suppliers.
· Develop strategic capacity and resilience across the water network
· Provide excellence in strategic and management capability to ensure safe, secure efficient drinking water, waste water and storm water service outcomes to our communities.
· Provide economic value and be able to demonstrate how well and why the identified models meet each of the objectives including benefits analysis, cost of service delivery, funding requirements, how fees and charges are levied and where the costs are distributed, and processes.
· Provide capital efficiency current and future Three Waters assets
· Deliver operational and maintenance excellence through the most effective service delivery model
· Improve customer service
· Provide greater environmental, community and cultural focus
· Recommend the next steps to enable the entire objectives to be met including a programme and cost/resource estimates to do this – this should also include transition plans/costs and timetables for such a transition.
In order to undertake the review, it will be necessary to engage the services of an external agency to support its delivery. We will be seeking a fixed cost engagement via our procurement processes. It is proposed that costs will be attributed on the following basis:
· NCC 35%,
· HDC 35%,
· HBRC 15%,
· WDC 7.5%,
· CHBC 7.5%.
1.3 Issues
No issues
1.4 Significance and Engagement
In accordance with Council’s Significance and Engagement Policy, this matter has been assessed as of some importance. The persons who are affected by or interested in this matter are Councillors, Council staff, Rate Payers, Community Members, LGNZ and Central Government.
This review has been identified as requiring specific engagement with Māori.
1.5 Implications
Financial
No further funding will be required to complete the review. Re-allocation of funding from the Chief Executive’s contingency budget will ensure no changes to overall budgets or Long Term Plan figures.
The review will be outsourced to an external consultancy to deliver the report; however, there will be a resourcing impact on council staff to provide information to complete the analysis and participate in workshops throughout the review process.
Social & Policy
N/A
Risk
Undertaking the review is considered the lowest strategic risk option. This option would contribute the Hawke’s Bay regional perspective into the Central Government review on how we can improve the management of drinking water, storm water and wastewater (“Three Waters”).
1.6 Options
The options available to Council are as follows:
a. Option 1: Council confirms its support for the project.
Financial and Resourcing Implications
· No further funding will be required to complete the review. Re-allocation of funding from the Chief Executive’s contingency budget will ensure no changes to overall budgets or LTP figures.
· The review will be outsourced to an external consultancy to deliver the report, however there will be a resourcing impact on council staff to provide information to complete the analysis and participate in workshops throughout the review process.
Risk Analysis
· This option is considered the lowest strategic risk option. This option would contribute the Hawke’s Bay regional perspective into the Central Government review on how we can improve the management of drinking water, storm water and wastewater (“Three Waters”).
Promotion or Achievement of Community Outcomes
· This review demonstrates our commitment to making sustainable investment in durable infrastructure that promotes smart growth and ensures we are environmentally responsible.
Statutory Responsibilities
· Will contribute towards meeting our Three Waters standards and legal obligations.
Consistency with Policies and Plans
· The project is not part of the latest Long Term Plan, and the budget available is from the Chief Executives contingency budget.
Community Views and Preferences
· This option has been identified as requiring specific engagement Māori
Advantages and Disadvantages
· The advantage of this option is the provision of the Hawkes Bay’s regional perspective into the Central Government review to shape their thinking
working together as a region to develop the best regional model to deliver a strategic and sustainable approach to Three Waters.
· There are no perceived disadvantages of this option relative to option 2.
b. Option 2: Not approve the project to complete the review and wait for Central Government outcome without considered Hawkes Bay regional input.
Financial and Resourcing Implications
· There are no financial or resourcing implications in choosing to do nothing in the short term.
Risk Analysis
· By doing nothing, the Government may mandate a new regime that does not consider the specific requirements and concerns of the Hawke’s Bay region & our communities.
Promotion or Achievement of Community Outcomes
· The Council would continue progressing against its Long Term Plan whilst noting that the Government has a Three Waters review which is subject to change that plan.
Statutory Responsibilities
· Not applicable - other than where we may be in breach of meeting standards and obligations.
Consistency with Policies and Plans
· Not adhering to our principles in the Long Term Plan.
Community Views and Preferences
· This is an opportunity for the Hawke’s Bay to develop a regional approach and contribute to Central Government’s review process. If we act independently, then the review will still need to occur in accordance with our Long Term Plan, or a Central Government imposed regime. It will cost significantly more than this combined regional approach to the review.
Advantages and Disadvantages
· Disadvantages are significant and preclude us from developing solutions for our region to deliver:
o Safe, NZDWS compliant and reliable drinking water
o Better environmental performance for our water services
o Efficient, sustainable, resilient, and accountable water services
o Achieving these aims in an affordable manner
1.7 Development of Preferred Option
Should Option 1 be approved our next steps are as follows:
· Commence procurement process for a suitable consultant to lead the review across the respective Councils with the expectation that this is completed in late December
· Confirm scope and draft project and communications plan with a view to completing review by the end of June 2019.
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The Chief Executive provided an update to Councillors on central government’s current position on the three waters review, addressing the LGNZ position paper received a few weeks ago as well as the Cabinet paper released last week. It was noted that Council officers have been in close contact with the Department of Internal Affairs regarding our review, and there is potential for them to support the next phase in terms of what we come out with. However, we need to undertake a robust process first, considering all options and identifying what the specific risks and challenges are in Hawke’s Bay. In response to questions from Councillors, the following points were clarified: · Mandatory aggregation means taking current three waters service delivery from the local authorities across New Zealand and bringing them together into an unknown number of agencies to deliver three waters services. · Other Councils are now also preparing business cases in relation to three waters. · Council is looking for some direction from this review as to what the best delivery model is to manage the challenges and risks that we have across the region. · Under a mandatory aggregation system community ownership of our waters could be lost but more importantly the ability to have a say on what is a community priority would be impacted. · Collaboration models can sometimes mean increased costs but they can also result in a better service and reduce risk; it is important to focus on the outcomes.
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1.8 Attachments
Nil
Māori Consultative Committee - 04 December 2018 - Open Agenda
2. District Plan Review Funding Options
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Operational |
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Legal Reference: |
Local Government Act 2002 |
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Document ID: |
669135 |
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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.
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Councillors Jeffery / Wright That the Finance Committee: 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
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District Plan Review
The Council is preparing for the release of the new Napier District Plan in 2020. The new plan aims to achieve a series of strategic outcomes which will enable the city to grow in a sustainable way and meet the principles of the City Vision and the Ahuriri Estuary and Coastal Edge Master Plan.
In preparation for setting the policy direction, a series of research pieces, analysis and consultation needs to be completed to cement the policy direction and provide the correct justification for any changes made.
One significant piece of research required is related to the undertaking of Structure Plans in growth areas to demonstrate that the city has the ability to provide development infrastructure in an efficient and affordable way. Structure Planning is an expensive exercise as it involves information such as stormwater and traffic modelling tools which are costly to develop by nature.
National Policy Statement for Urban Development Capacity (NPS-UDC)
The Ministry for the Environment (MfE) together with the Ministry of Business, Innovation and Employment (MBIE) released the NPS-UDC in 2016 as a measure to avoid future house shortages and rapid increases in property prices; in other words, to provide sufficient development capacity to meet the needs of people and communities now and in the future. Urban areas throughout New Zealand were classified as High, Medium and Low population growth areas and each of these warranted a different response according to the NPS-UDC. Napier City was identified as a medium growth area reaching a 6.4% change in projected population growth 2013-2023 period. This new classification has imposed a series of implementation and monitoring requirements which have to be met in order to give effect to the NPS-UDC. For example, Napier has to assess the current house consumption patterns, the latent demand for housing and the future demand. A similar requirement is needed for business land. Napier also has to demonstrate it has enough land zoned for development, and most importantly, serviced with development infrastructure. Napier must also demonstrate that sufficient “market feasible” development potential is available to meet anticipated demand. To be able to provide infrastructure services, and to assess the feasibility of providing the required infrastructure for development, local authorities must conduct a structure planning exercise for each identified growth area. This is costly but essential for making good planning decisions and justifying any rezoning of land.
Development and Financial Contributions Policy
The Financial Contributions Special Fund is collected from developers on the subdivision of land and various other land use activities. The purpose of this fund is to fund capital works and services to enable the rezoning of land and consequently growth in the city.
The review of the District Plan will require looking at the land available for residential, commercial and industrial growth in the city for the next 10 to 15 years. We are proposing using the special Financial Contribution Funds to deliver a robust District Plan which will meet the strategic objectives and outcomes for the City. This will make Napier a great and vibrant place to live and work.
2.3 Issues
The District Plan review work programme has been set up and requires enough budget to conduct the research needed. To avoid increasing Council rates to fund this work programme we propose the use of the financial contributions special fund. Within the Long Term Plan 2018-28, Council set aside $100k per annum over three years, which is short of the requirements to undertake the identified projects to achieve the outcomes associated with the District Plan Review.
2.4 Significance and Engagement
The use of the fund for the District Plan review does not trigger any special consultative procedure.
2.5 Implications
Financial
The Financial Contribution Special Fund will be used for the purpose of enabling the future growth of the city and meeting the legislative requirement of the NPS-UDC. Using this fund will not impose any further impact on Council rates with the exception of the loss of revenue from holding these funds. It is estimated that the budget needed for the research projects is in the order of $1.2 Million within the next two years and can be met solely by the Financial Contribution Fund.
Social & Policy
Supporting planning decisions with the correct information will enable the sustainable future growth of the city. The use of the financial contributions special fund for the purpose of enabling the review of the Napier District Plan is supported by the Development and Financial Contribution Policy.
Risk
No major risks identified by the use of the special funds toward the production of the District Plan. The major risk for the organisation and the city is to make planning decisions without holding the right level of information to support these decisions. This will cause similar scenarios as already experienced in Te Awa with an area zoned for residential development but due to the nearly prohibited cost of providing infrastructure is deemed unfeasible for development by the development sector. In the industrial context a similar example occurred at Awatoto where zoned land has not been developed for several decades (40 years).
2.6 Options
The options available to Council are as follows:
a. Not fund the District Plan research programme. This translates to not changing the current zones (residential and commercial/industrial) within the city. Another potential outcome will be to change the zoning of land within the city without understanding key important constraints which will support making the right decisions. A consequence of this is that NCC will prevent future feasible growth as land would be rezoned in paper but could be unable to be serviced due to high costs.
b. To use the Financial Contributions Special Fund to conduct the research needed for the District Plan review. This will include the development of Structure Plans, to provide a robust planning framework for the next 10 to 15 years. This will enable the sustainable growth of the Napier City and meet the legislative requirements of the NPS-UDC.
2.7 Development of Preferred Option
The preferred option is to make planning decisions well informed about the costs of providing suitable infrastructure for the various growth areas identified within our city. Considerations such as 3 waters, transport, hazards amongst others are important to enable residential and commercial growth. To fund this research via the use of the financial contributions special fund is therefore the preferred option.
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It was agreed that this should have been addressed through the Long Term Plan. Council officers confirmed they have taken learnings from this and will ensure in future that costs of this nature are captured in the appropriate planning processes.
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2.8 Attachments
Nil
Māori Consultative Committee - 04 December 2018 - Open Agenda
3. Budgets to be carried forward to 2018/19
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Operational |
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Legal Reference: |
Local Government Act 2002 |
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Document ID: |
637309 |
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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.
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Councillor Wright / Mayor Dalton That the Finance Committee: a. Approve carrying forward budgeted expenditure of $3,796,408 from 2017/18 into 2018/19.
Carried
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Provision is made at the end of a financial year to carry forward project expenditure budgeted but not incurred either fully or in part. The provision relates only to expenditure of a project nature. Requests are subject to approval by Council.
3.3 Issues
No issues.
3.4 Significance and Engagement
N/A
3.5 Implications
Financial
The proposed carry forward amounts have been reviewed by Council management.
The carry forward amounts are based on the final general ledger figures at 30 June 2018 and total $3,796,408.
The following table summarises by activity group carry forward expenditure that was budgeted but not incurred in 2017/18:
|
Activity |
Carry Forward Request |
|
Roading |
$311,000 |
|
Water Supply |
$475,000 |
|
Stormwater |
$175,000 |
|
Wastewater |
$80,000 |
|
Public Toilets |
$113,517 |
|
Sportsgrounds |
$929,211 |
|
Reserves |
$537,446 |
|
Halls |
$70,785 |
|
C.I.T |
$125,000 |
|
Leases |
$102,000 |
|
Planning Policy |
$53,765 |
|
City & Business Promotion |
$131,843 |
|
Marketing |
$25,841 |
|
Property Holdings |
$74,000 |
|
Inner Harbour |
$592,000 |
|
TOTAL |
$3,796,408 |
The following table sets out the funding source for the carry forward amounts:
|
Funding |
Request |
|
Buildings project fund |
$55,000 |
|
Financial contributions |
$361,000 |
|
HB Endowment Land Income |
$592,000 |
|
IT Renewal fund |
$125,000 |
|
L/Farm Res Dev (Parklands) Fund |
$31,430 |
|
Loan - Rates |
$778,088 |
|
Loans - Growth |
$80,000 |
|
Milliscreen IAR |
$80,000 |
|
Prior Years Project Funding |
$132,785 |
|
Public Toilets IAR |
$75,772 |
|
Rates - Capital |
$636,868 |
|
Rates - Operating |
$211,449 |
|
Reserves IAR Fund |
$285,290 |
|
Sportsgrounds IAR |
$76,000 |
|
Stormwater Catchment IAR |
$96,000 |
|
Stormwater Pipes IAR |
$43,000 |
|
Technology Equip Renewal |
$102,000 |
|
Tourism Capital Fund |
$34,726 |
|
TOTAL |
$3,796,408 |
Social & Policy
N/A
Risk
N/A
3.6 Options
The preferred option available to Council is:
a. Approve carrying forward total project expenditure of $3,796,408 to 2018/19.
3.7 Development of Preferred Option
N/A
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In response to questions from Councillors, officers confirmed that this is a very good result in relation to past trends.
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3.8 Attachments
Nil
Māori Consultative Committee - 04 December 2018 - Open Agenda
4. Rating Outturn Surplus 2017/18
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Operational |
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Legal Reference: |
Local Government Act 2002 |
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Document ID: |
637305 |
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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
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Mayor Dalton / Councillor Taylor That the Finance Committee: 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
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An integral part of preparing the Annual Report is establishing the year end outturn position of the Rating Account. It has been Council’s practice to apply year-end surpluses to fund one-off items committed against the surplus, with any remaining surplus transferred to the Capital Reserve Account for allocation by Council.
4.3 Issues
Rating Summary to 30 June 2018
Net Rating Surplus (after allowing for budgets to carry forward) is $926,578.
In arriving at the above surplus, interest income has been allocated to special funds in line with Council’s policy for allocating interest; however, similar to recent years, there has been no allocation of interest to the Infrastructural Renewals or Financial Contribution Accounts.
The rating surplus arises primarily from additional interest income from general treasury funds, additional rates penalties and savings in loan servicing costs.
4.4 Significance and Engagement
N/A
4.5 Implications
Financial
With contingency funding now provided within the Long Term Plan/ Annual Plan, the rating surplus is available to transfer to the Capital Reserve Account for future allocation.
The balance of the Capital Reserve at 30 June 2018 was $5,150,000 (prior to adding the rating surplus and existing approved commitments).
Commitments currently identified and approved against the Capital Reserve include:
|
2018/19 |
|
|
McLean Park Branding & Way Finding |
$49,000 |
|
IT projects |
$300,000 |
|
LIM administration (property scanning) tbc by 28/10 |
$100,000 |
|
Complete implementation of all Sycle modules |
$52,000 |
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Water initiatives |
$125,000 |
|
Sustainability initiatives |
$200,000 |
|
3 Waters Review |
$100,000 |
|
|
|
|
Total 2018/19 |
$926,000 |
Social & Policy
N/A
Risk
N/A
4.6 Options
The options available to Council are as follows:
a. Transfer the rating surplus of $926,578 to the Capital Reserve Account.
b. Allocate the rating surplus directly for one-off items with any remaining surplus transferred to the Capital Reserve Account.
4.7 Development of Preferred Option
Transferring the surplus to the Capital Reserve for allocation is more transparent and consistent with recent practice. Option a. is the preferred option.
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In response to questions from Councillors, management confirmed that where Council holds funds allocated to activities at present is appropriate. It was noted that requests to fund projects out of Capital Reserve funds can be made by asking Council officers to prepare a report to Council; the Capital Reserves Fund is used to fund one-off activities.
|
4.8 Attachments
Nil
Māori Consultative Committee - 04 December 2018 - Open Agenda
5. Leases of Reserve - Napier Free Kindergarten Association Incorporated
|
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.
|
Councillors Brosnan / Hague That the Finance Committee: 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
|
The three kindergartens, under the administration of the Napier Free Kindergarten Association Incorporated, are incumbent tenants. Taradale Kindergarten is on Taradale Park and the Greenmeadows and Marewa Kindergartens are on Council fee simple land. There are no ground leases for any of this land and leases need to be entered into to provide certainty for both Council and the Association.
Council’s standard procedure is to grant ground leases for a period of 15 years with one 15-year right of renewal. It is recommended that this model be adopted for these leases. The lease areas are shown on the attached plans.
The Council has delegation under Section 61 of the Reserves Act 1977 to enter into leases with the Napier Free Kindergarten Association Incorporated.
5.3 Issues
No issues.
5.4 Significance and Engagement
Not applicable.
5.5 Implications
Financial
Not applicable.
Social & Policy
Not applicable.
Risk
Not applicable.
5.6 Options
The options available to Council are as follows:
a. (Preferred option): To enter into ground leases with the Napier Free Kindergarten Association Incorporated for the Taradale, Greenmeadows and Marewa Kindergartens each for a term of 15 years with one 15-year right of renewal.
b. To not enter into ground leases with the Napier Free Kindergarten association and instead manage the tenancies under the terms of the Property Law Act, on a month-by-month basis.
5.7 Development of Preferred Option
Option 1 is the preferred option as it gives certainty and clarity to both Council and the Association.
|
In response to questions from Councillors, officers will follow up on the following points: · Has development in the surrounding areas been considered when looking at the ground lease arrangement for Taradale Park, and have the Parks and Reserves team been consulted? · How many other kindergartens in Napier have ground leases and when are they due?
|
5.8 Attachments
a Taradale Kindergarten lease plan
b Greenmeadows Kindergarten lease plan
c Marewa Kindergarten lease plan
Māori Consultative Committee - 04 December 2018 - Open Agenda
6. Fire Hydrant Use Policy 2018
|
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.
|
Councillors Price / White That the Finance Committee: a. Adopt the Fire Hydrant Use Policy 2018.
Carried
|
Napier City Council (NCC) currently do not have a policy on fire hydrant use. Section ‘8.4 Other uses’ of the NCC Water Supply Bylaw 2012 states “Permit holders have the right to gain access to and draw water from the water supply for uses other than firefighting”, however does not identify any means of managing the risk of contamination such activities present to the public water supply. As a result, third party water users can take water from the public water supply network in an uncontrolled manner (see Figure 1) which presents a risk on backflow contamination.
The proposed Fire Hydrant Use Policy 2018 outlines the measures to be implemented by hydrant users to manage the risk of contamination (quality) to Napier City’s water supply, the quantity of water taken from fire hydrant, and risk and damage to the water supply system. It also outlines requirements Permit holder applicants have to meet in order to be granted a (water take) Permit.
6.3 Issues
In 2017 (February to May), four E. coli transgressions were experienced in Napier’s reticulation network, without a definite root cause identified in any of those instances. In July 2017, Council’s Drinking Water Assessor (DWA) also removed bore security status from all bores, as it was assessed they would not meet the minimum requirements of the Drinking Water Standard (2008) for bore head security.
Based on the evidence of bore condition and reticulation testing results, it became obvious that both bores and reticulation pose a risk to the quality of Napier drinking-water. In order to manage this risk appropriately, Council commenced chlorinating the supply in May 2017. In addition, all bores were upgraded to the greatest practical extent, enabling interim bore security status to be regained on 1 July 2018 for five bores and for an additional one bore on 17 October 2018.
In 2017, numerous reticulation risks have been identified in collaboration with DWAs and proposed remedial actions added to the Water Safety Plan (WSP) to eliminate or reduce those risks to acceptable levels. Currently, Council has no policy to manage reticulation risks associated with hydrant use. Council’s WSP identifies this ‘Microbiological (including protozoa) or chemical contamination’ risk in reticulation as high, with a proposed remedial action to develop and implement the policy regulating the process for taking water from hydrants (Fire Hydrant Use Policy).
Some of the proposed remedial actions have been completed to date and some, such as the Fire Hydrant Use Policy, remain on the WSP Improvement list. Without demonstrating how NCC mitigate all identified risks in the WSP, the DWA will not approve any future WSP.
Next year, NCC will develop and commission a dedicated water take site for all parties interested in taking water from Napier water supply. This task is due in June 2019 and the new site will further reduce the risk of reticulation contamination associated with third party access to reticulation network.
This policy will be reviewed in 12 months in line with Council’s plan to construct these dedicated water take points.
Figure 1 – Various contractors drawing water
from NCC fire hydrants
6.4 Significance and Engagement
N/A
6.5 Implications
Financial
N/A
Social & Policy
N/A
Risk
Existing risks to water quality remain if there is no policy in place.
6.6 Options
The options available to Council are as follows:
a. Continue to operate without a policy
b. Adopt Fire Hydrant Use Policy 2018
6.7 Development of Preferred Option
N/A
|
Councillors acknowledged the importance of this Policy being adopted.
|
6.8 Attachments
a Fire Hydrant Use Policy 2018
b Application for Permit to Take Water
Reports from Community Services Committee held 27 November 2018
1. Library Strategy Consultation Feedback
|
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.
|
Councillors Wright / Hague That the Community Services Committee: a. Adopt the Napier Library Strategy 2018.
Carried
|
There is no current library strategy. By creating one, there was an opportunity to bring the community and stakeholders into the development phase from the beginning and create a library strategy that will inform the product and service requirements of Napier Libraries and the requirements of a future city library.
1.3 Issues
The strategy reflects the many conversations we had with our community about where a library service can be a positive part of their lives today and in the future. We have focused on what we think are the key elements from the conversations that drive our goals and outcomes for the next phase of the work for the service.
The strategy also highlights areas of our service that we need to invest greater time and energy to match particular community needs such as a need for outreach programmes and services in the community.
Having developed a library strategy with a clear mission, values and objectives, we can now progress with planning and developing a new city centre library that our community can be proud to use and make their own.
1.4 Significance and Engagement
This matter has significance to a wide sector of the community and as such, engagement with them was our priority in gaining their feedback.
Key stakeholders were invited to provide feedback, while public feedback was sought over a four-week period. Following community feedback, no changes where identified.
An Action Plan will be developed following adoption of the Strategy.
Feedback Process
This consultation was primarily promoting the draft strategy and encouraging the community to provide feedback. Key stakeholders where targeted through direct email and a presentation to the two Friends of the Library groups.
The strategy was promoted via the library and Say-it-Napier websites, digi screens, radio, e-newsletter, media release, social media and library displays.
1.5 Implications
Financial
The Action Plan will come out of the current budgets as laid out in the current LTP.
Social & Policy
The final Strategy will lead to the development of key objectives that incorporate relevant actions arising from feedback received. These actions may link to other Council processes and policies.
Risk
None
1.6 Options
The options available to Council are as follows:
a. Council adopts the revised Library Strategy 2018 (preferred option).
b. Council does not adopt the Library Strategy 2018. This is not recommended as the strategy has gone through four weeks of public consultation and 96.7% of respondents have agreed with the overall strategy.
1.7 Development of Preferred Option
Following adoption of the Library Strategy, we will move on with the focus in the five key areas; enabling access, space for all, knowledge advocacy, community collaborators and sustainable futures, to develop them into action plans that support the aspirations of the strategy.
We can now progress with planning and developing of a new city centre library by following the steps laid out below:
· Develop and recommend a process for site selection including assessment criteria, with reference to the Civic Building business case and subsequent Statement of Proposal and Council’s Long Term Plan (2018-28)
· Ensure the objectives and requirements within the Library Strategy are the key component of the assessment criteria for site selection
· Undertake engagement with key stakeholders during the process prior to full consultation.
· Complete the site options analysis and make recommendations to Council
· Seek feedback from key stakeholders and the community on the site selection
· Build our new purpose built city centre library.
|
Councillors involved in the working group spoke to the item, acknowledging the work undertaken to date to complete the Strategy and discussed next steps.
|
1.8 Attachments
a Library Strategy Final Version
2. Creative Communities Funding September 2018
|
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.
|
Councillors Boag / Wright That the Community Services Committee: a. Note the Creative Communities funding decisions made on 27 September 2018.
Carried
|
The Creative Communities Scheme is a partnership with Creative NZ, which supports and encourages local communities to create and present diverse opportunities for accessing and participating in arts activities. Council receives base funding of $6000 from Creative NZ each year, and a grants allocation based on 70 cents per head of population. This financial year we received $46,068 for distribution and advertising (7.5% of the funding is allocated to advertising). We hold two funding rounds each year, in March and September, and the Creative Communities Committee make decisions on how to distribute the available funds. There are two Councillors appointed to the Funding Committee, they are currently Cr Boag and Cr Tapine. Cr Wright is Chair of this external committee but represents Creative Arts Napier.
2.3 Issues
N/A
2.4 Significance and Engagement
Applications for the Creative Communities Scheme is advertised in the newspaper and online.
2.5 Implications
Financial
We received 33 applications for the September funding round, seeking total funding of $71,752.41. The decision meeting on 27 September 2018 allocated funds of $22,434 to 23 applications. The remaining funds of $21,306.45 for 2018-19 allocation will be distributed at the March 2019 funding round.
Social & Policy
N/A
Risk
N/A
2.6 Options
N/A
2.7 Development of Preferred Option
The minutes of the September 2018 Creative Communities Committee meeting with funding decision are attached.
|
It was noted that a large number and variety of applications were received this round. Selection of another member is currently underway, with this position likely to be filled by the end of the year.
|
2.8 Attachments
a September 2018 Public Excluded Minutes
|
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.
|
Councillors Wright / Price That the Community Services Committee: a. Adopt the Napier Youth Strategy 2018.
Carried
|
The existing Youth Policy has developed over time and was last updated in 2010. A Youth Services Plan was put in place in 2012.
The Youth Policy required updating and a new strategy to recognise the current and future needs of young people to support youth development through services, facilities and activities delivered by Council.
The draft Strategy was presented to Council in September 2018, when it was approved for release for stakeholder and public feedback.
3.3 Issues
The draft Strategy was released for four weeks for feedback, we received feedback from over 700 people. This is a sufficient level of representation of the community.
3.4 Significance and Engagement
Key stakeholders were specifically invited to provide feedback, while public feedback was sought between 26 September to 24 October.
Fourteen organisations provided feedback on the draft Strategy along with 696 individuals through an online survey. Council staff and the Youth Council considered this feedback, which was overall supportive of the Strategy.
The feedback found that no significant changes needed to be made to the Strategy see tracked changes (attachment one). Minor changes made to the Strategy as suggested by submitters included:
· amending the explanation under the ‘Leadership’ objective to be more inclusive and recognise all achievement
· adding text under ‘What Young People Say’ to give focus to mental health wellbeing and balancing online with face to face activity
· amending text under ‘What Young People Say’ to give the Strategy more of a youth voice.
A number of suggested actions for implementation were also provided by submitters. An Action Plan will be developed following adoption of the Strategy in early 2019.
3.5 Implications
Financial
There are no financial implications. Any activities identified in the Action Plan will be included in current budgets or sought externally.
Social & Policy
Council will work with the Youth Council to develop an Action Plan that incorporates the feedback received. These actions may link to other Council processes and policies.
Risk
Gaining feedback from youth on the draft Strategy was priority and there was a good response from youth. This was considered and incorporated. Retaining the draft Strategy without incorporating the feedback counters the principles of consultation and the Strategy would lose the youth voice.
3.6 Options
The options available to Council are as follows:
a. Council adopt the final Napier Youth Strategy 2018 with tracked changes (preferred option).
b. Council adopt the draft Napier Youth Strategy 2018.
c. Council does not adopt the Napier Youth Strategy 2018.
3.7 Development of Preferred Option
The Strategy attracted a good level of feedback from the community. The feedback supports the Strategy with only minor amendments, which have been made. The Strategy supports a youth development approach and can be implemented through the Community Strategies activity along with Youth Council.
|
It was noted that several members of the Youth Council were in attendance to support the adoption of the Strategy. There was no further discussion on this item.
|
3.8 Attachments
a Final Napier Youth Strategy with tracked changes
Māori Consultative Committee - 04 December 2018 - Open Agenda
Māori Consultative Committee
Open Minutes
|
Meeting Date: |
Tuesday 23 October 2018 |
|
Time: |
3.00pm – 4.31pm |
|
Venue |
Council Chamber |
|
Present |
Piri Prentice (In the Chair), Deputy Mayor Faye White, Councillor Apiata Tapine, Te Whetu Henare-Winitana [from 3.05pm], and Tiwana Aranui |
|
In Attendance |
Director Community Services, Manager Communications and Marketing, Manager Community Strategies, Councillor Maxine Boag |
|
Administration |
Governance Team |
Karakia
Tiwana Aranui opened the meeting with a karakia.
Apologies
|
Deputy Mayor White / Councillor Tapine That the apology from Mayor Dalton be accepted. Carried |
Conflicts of interest
Nil
Public forum
Nil
Announcements by the Chairperson
Nil
Announcements by the management
It was advised that at the Mahi Tahi Economic Development New Zealand Conference 2018 the Matariki REDS Project 1000 initiative won a commendation for best practice collaboration. The project, which focuses on providing young people with job opportunities has already placed around 600 youth into work.
Confirmation of minutes
|
Mr Aranui / Councillor Tapine That the Minutes of the meeting held on 11 September 2018 were taken as a true and accurate record of the meeting.
Carried |
Matters arising from the minutes
It was advised that the implementation of the waste minimisation plan over the next two years will include the marae.
General business
At the agreement of the Chair, Cr Boag spoke briefly about the Citizens’ Civic Awards which Council takes nominations for each year, encouraging committee members and their networks to consider volunteers who are active in their communities and could be recognised in this way.
The Committee noted that the nomination form could be better created to encourage engagement, with both more accessible English and the inclusion of Te Reo.
Reports from standing committees
|
Mr Aranui / Councillor Tapine That the Māori Consultative Recommendations arising from the discussion of the Committee reports be submitted to the Council meeting for consideration. Carried |
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 Māori Consultative Committee meeting It was clarified that one of the original options for the war memorial design had been withdrawn by the designer. At the Strategy and Infrastructure Committee it was decided to incorporate a further design in the consultation pack. The design incorporates the war memorial into the main building, and is currently being assessed by the structural engineer who was involved in the recent renovations. The design as it stands impacts on fire egress and would create significant impacts on the facility’s storage space and accessibility. The current proposal uses a primary fire door as its entrance which is not possible; the main access to the building would need to be used for the memorial which reduces access to the building’s opening hours.
|
|
Council Resolution |
Councillors Wise / Brosnan That the Strategy and Infrastructure Committee amend part b of the Council resolution dated 29 June 2018 to the following: a. That Council approve the withdrawal of the Brent Scott design from the community consultation process and replace this with an internal example/concept, that being the design concept prepared by Craig Morley.
b. That the following three design options go out for public consultation, requesting not only feedback but also input into any potential alternative designs or modifications:
a) Option One - Renovation solution Internal to the main Memorial Building b) Option Two – Building solution external to the main Memorial Building c) Option Three - Landscape solution external to the main Memorial Building
c. That Council notes the offer of the video and images of Option One from Mr Morley and agrees that these will be sufficient to include in the consultation without needing to incur additional design costs.
Carried
|
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, and to authorise officers to commence the special consultative procedure.
|
At the Māori Consultative Committee meeting There was no discussion on this item. As the matter was a Decision of Council at the Strategy and Infrastructure meeting of 2 October 2018, no recommendation was required from the Maori Consultative Committee.
|
|
Council Resolution |
Councillors Boag / Brosnan That the Strategy and Infrastructure Committee:
a. Agree the proposed changes to the draft Easter Sunday Trading Policy and Statement of Proposal, as follows:
1. Include in Reason for Proposal section (page 10): Pharmacy and Souvenir Shops, as these are also to be open under the Shop Trading Hours Act 1990.
2. Add in another heading: What would happen if we do not pass this policy? We would return to the situation in which some shops listed above could open and others not.
3. Include in the Religious Beliefs section (page 11): During consultation with the community in 2016 and 2017 on the previous Easter Sunday Trading Policy, Council received feedback from parts of the community that demonstrated concerns with having a policy that removed one of the few remaining days where shops were not legally able to trade. Council is keen to understand the Napier community’s views on this aspect of the policy.
4. That the survey on page 11 of the proposal be removed.
b. Approve the Easter Sunday Trading Policy and Statement of Proposal, with the agreed amendments as set out in Part A.
c. Authorise officers to proceed with public notification through the special consultative procedure as prescribed in Section 83, of the Local Government Act 2002
d. Officers to prepare an engagement plan that is specifically directed to Christian Churches, Unions, Retail and business organisations.
e. Request that council be provided with a full briefing of the High Court ruling by our legal representation
f. That a DECISION OF COUNCIL is required urgently to allow consultation to be initiated as soon as possible.
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).
|
At the Māori Consultative Committee meeting The Committee noted that in order to create higher levels of engagement there needed to be improvement in the language and inclusive approach of Council’s documents and consultation strategies. They noted that while it may have been difficult for officers to hear the Committee’s feedback at the time, the ensuing work to improve the cultural accessibility and inclusion of the McLean Park signage was supported by the Committee. It was suggested that rather than reviewing documents and collateral on a case-by-case basis, Council should develop an overarching strategy for the incorporation of tikanga and Te Reo into its communications. Officers advised that the District Plan is not a topic that many people feel engaged with, and the team are working to ensure that appropriate language is used to generate as much accessibility as possible across the city.
|
|
Māori Consultative Committee's recommendation Mr Aranui / Deputy Mayor White That the Council resolve that the Committee’s recommendation be adopted. Carried |
|
Committee's recommendation Councillors Wright / Wise The Strategy and Infrastructure Committee: 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).
|
At the Māori Consultative Committee meeting It was advised that 61% is considered low occupancy in comparison to other parking areas. Changing the rates is expected to help reduce the waiting list for leased parking, increase occupancy and also provide a better return for the space.
|
|
Māori Consultative Committee's recommendation Mr Aranui / Deputy Mayor White That the Council resolve that the Committee’s recommendation be adopted. Carried |
|
Committee's recommendation Councillors Tapine / White The Strategy and Infrastructure Committee: 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.
|
At the Māori Consultative Committee meeting There was no discussion on this item.
|
||||||
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Māori Consultative Committee's recommendation Mr Aranui / Deputy Mayor White That the Council resolve that the Committee’s recommendation be adopted. Carried |
||||||
|
Committee's recommendation Councillors Brosnan / Hague The Strategy and Infrastructure Committee: 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
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.
|
At the Māori Consultative Committee meeting It was advised that this project is one of a suite of projects intended to address future erosion; it involved identifying what benefits will be experienced from the revetment (retaining structure) and who by, then deciding how the funding will be split across public and private beneficiaries.
|
|
Māori Consultative Committee's recommendation Deputy Mayor White / Councillor Tapine That the Council resolve that the Committee’s recommendation be adopted. Carried |
|
Committee's recommendation Mayor Dalton / Councillor Dallimore That the Finance Committee: a. Leave the Officer’s recommendation for this item on the table for further discussion at the Council meeting on 30 October 2018, that being:
That the Finance Committee: a. Approve, in principle, funding option for the revetment works at Whakarire Avenue in accordance with Section 101(3) of the Local Government Act. b. And that options of funding by general rate or UAGC be identified for consideration. c. And that consultation be undertaken as appropriate. This would comprise informal consultation on a proposed funding option as per part a above, culminating in formal consultation as part of the 2019/20 Annual Plan process. Carried
|
2. Capital Project Funding Bought 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.
|
At the Māori Consultative Committee meeting There was no discussion on this item. |
|
Māori Consultative Committee's recommendation Deputy Mayor White / Councillor Tapine That the Council resolve that the Committee’s recommendation be adopted. Carried |
|
Committee's recommendation Councillors Taylor / Price The Finance Committee: a. Approve $400,000 to be brought forward from the Long Term Plan 2019/20 budget for the Park Island Redevelopment (Loan funded) to accommodate earthworks required to progress the Hawkes Bay Rugby Union complex at Park Island due to start February 2019. Carried
|
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.
|
At the Māori Consultative Committee meeting It was advised that the physical works are intended to be completed as soon as possible to support Ahuriri District Health.
|
|
Māori Consultative Committee's recommendation Deputy Mayor White / Councillor Tapine That the Council resolve that the Committee’s recommendation be adopted. Carried |
|
Committee's recommendation Councillors Boag / Tapine The Finance Committee: a. Recommend pursuant to Section 342 of the Local Government Act 1974, to initiate the stopping of approximately 188m2 of legal road, on the corner of Geddis and Longfellow Avenue and adjacent to 65 Geddis Avenue, in accordance with the Tenth Schedule to the Local Government Act 1974. b. Recommend that upon completion of the Tenth Schedule stopping process, the stopped road is sold to Ahuriri District Health (a Charitable Trust) at a peppercorn sale price of one dollar plus all associated legal, survey and advertising costs.
Carried
|
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.
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At the Māori Consultative Committee meeting It was clarified that there will not be any ecological impacts on the wildlife reserve from the easement – the utilities are already located underground.
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Māori Consultative Committee's recommendation Deputy Mayor White / Councillor Tapine That the Council resolve that the Committee’s recommendation be adopted. Carried |
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Committee's recommendation Councillors Price / Wright The Finance Committee: a. Pursuant to Section 48 of the Reserves Act 1977, approve the granting of a concession in the form of an easement to Powerco Limited to convey gas under the reserve land described in Schedule 1 below.
b. Approve the granting of an easement to Powerco Limited to convey gas under the fee simple land owned by Council as described in Schedule 2 below.
SCHEDULE 1
SCHEDULE 2
Carried
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5. HB Museums Trust Annual Report
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Type of Report: |
Legal |
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Legal Reference: |
Local Government Act 2002 |
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Document ID: |
650777 |
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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.
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At the Māori Consultative Committee meeting There was no discussion on this item.
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Māori Consultative Committee's recommendation Councillors Prentice / Tapine That the Council resolve that the Committee’s recommendation be adopted. Carried |
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Committee's recommendation Mayor Dalton / Councillor Tapine The Finance Committee: a. Receive the Annual Report of the Hawke’s Bay Museums Trust
Carried
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Reports from Community Services Committee held 16 October 2018
1. Library Site Project Steering Group - Terms of Reference
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Type of Report: |
Operational |
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Legal Reference: |
N/A |
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Document ID: |
643002 |
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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.
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At the Māori Consultative Committee meeting It was advised that the Steering Group included several councillors as well as officers. Important to the assessment of the various possible options is a heritage overview; this is already underway for the Clive Square option.
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Māori Consultative Committee's recommendation Councillor Tapine / Mr Aranui That the Council resolve that the Committee’s recommendation be adopted. Carried |
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Committee's recommendation Councillors Tapine / Boag That the Community Services Committee: a. Approve the Library Site Project Steering Group Terms of Reference.
Carried
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2. Draft Library Strategy - Public Feedback
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Type of Report: |
Operational |
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Legal Reference: |
N/A |
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Document ID: |
643048 |
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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.
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At the Māori Consultative Committee meeting It was agreed that there has already been a significant level of engagement on the Library Strategy, which has led to a well-refined and robust final draft being produced for the current consultation process. |
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Māori Consultative Committee's recommendation Councillor Tapine / T Aranui That the Council resolve that the Committee’s recommendation be adopted. Carried |
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Committee's recommendation Councillors Hague / Taylor That the Community Services Committee: a. Approve the release of the draft Napier Library Strategy for stakeholder and public feedback. Carried
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The formal meeting closed at 3.35pm and the Committee moved into a workshop session.
Councillor Tapine closed the proceedings with a karakia at 4.31pm
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Approved and adopted as a true and accurate record of the meeting.
Chairperson .............................................................................................................................
Date of approval ...................................................................................................................... |
