Meeting Date:

Tuesday 5 March 2019

Time:

3.00pm

Venue:

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

Council Members

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

Officer Responsible

Acting Chief Executive

Administrator

Governance Team

Next Council Meeting

Tuesday 16 April 2019

Officer’s Recommendation

That Council:

a.     Note that the design of the Napier War Memorial will be tendered out for completion

b.     Note that timings for completion of the final War Memorial design are dependent upon tender process and acceptance of design which will have a flow on impact to physical construction

c.     Note that without a War Memorial concept design the total costs are unknown

d.     Note that the costs of a new concept design may trigger the requirement for consultation in accordance with Council’s Significance and Engagement policy

e.     Note that the Terms of Reference of the Arts Advisory Panel does not provide for commissioning art works.

Mayor’s Recommendation

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

Officer’s Recommendation

That Council:

a.     Receive the report of the Chief Financial Officer titled “Hawke's Bay Disaster Relief Trust”

b.     That the Council include the proposal to form the establishment of the Hawkes Bay Disaster Relief Trust within its 2019/20 Annual Plan to fulfil the statutory requirements in creating a Council Controlled Organisation.

        With the reasons for this decision being that the objective of the decision will contribute to meeting the current and future needs of communities for local public services in the event of a major disaster.

Mayor’s Recommendation

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

Officer’s Recommendation

That Council:

a.     Approve the updates made to the LGOIMA Policy for finalisation and publication

b.     Approve the updated Graffiti Removal Policy for finalisation and publication

c.     Repeal the Governance Structure Policy, noting that it is a duplicate of information presented to the public via the Local Governance Statement

Mayor’s Recommendation

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

Officer’s Recommendation

That Council:

a.     Receive the Hawke’s Bay Museums Trust Draft Statement of Intent 2019/20 to 2021/22 and provide any feedback to the Trust for their consideration

Mayor’s Recommendation

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

Officer’s Recommendation

That Council:

a.     Receive the half-yearly report for 2018/19 from the Hawke’s Bay Museums Trust.

Mayor’s Recommendation

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

Māori Consultative Committee Recommendation

That the Māori Consultative Committee recommendations be adopted.

At the Meeting

Mr Lucy spoke to the management letter, noting that some minor matters are being worked through with Council officers; many of the findings are already under action.

The Annual Report was of good quality. It was noted that Council has a large number of big assets and a good process was in place to ensure that valuations are undertaken for these. The reporting mandated by Department of Internal Affairs was considered robust.

That Council:

a.     Receive the Audit New Zealand management letter: Napier City Council Audit for the year ended 30 June 2018.

At the Meeting

The Chair advised that the March and June dates would need to be adjusted due to other commitments he holds.

Proposed alternative dates will be circulated to the committee for consideration. The recommendation was left lying on the table.

Officer’s Recommendation

a.     That Council receive the proposed timetable of meetings for the Audit and Risk Committee for 2019.

At the Meeting

The Manager People and Capability spoke to the report, noting that there have been no serious incidents in the reporting period since the previous meeting. There has been an increased focus on contractor auditing and ‘visible leadership’ in the Health and Safety space within the reporting period; 37 additional onsite visits were made by Corporate Manager Team members to discuss Health and Safety matters.

November was ‘Men’s health awareness month’, and $2600 was raised for prostate cancer support.

Testing has recently been completed of response times in relation to a new tool for use by independent onsite workers called “man-down devices”. If someone has an incident or accident while on their own and they are literally “down” the device triggers and contacts a company called Red Wolf. They will then call the person. If a response is not receive emergency services are immediately notified and directed to the location of the worker, identified via GPS tracking associated with the devices.

Workloads have been very high in the lead into the summer holiday period and People and Capability are liaising with teams across Council to ensure that stress and fatigue levels are monitored and managed.

In response to a question from the Committee it was advised that bullying and sexual harassment are identified as hazards under the Health and Safety in the Workplace Act. In May this year an anti-bullying campaign was run which identified what bullying and harassment looks like, provided tools for managers and staff, and advised on how to get help.

That Council:

a.     Receive the Health and Safety report as at 31 October 2018.

At the Meeting

The Sycle projects module delivery date has been adjusted to March 2019 to ensure good delivery of the project. The business continuity management project is in the investigative phase.

As most of the current risks in the risk register were entered in July 2018, they have now become due to review. The opportunity is being taken to review these in more detail, checking the risk description and rating remain accurate.

The risk framework and policy will be brought to this Committee at its first meeting for the 2019 year.

It was noted that the risk related to Pandora Pond has now been removed. The inflatables will not be placed in the pond this summer season as an outcome of the patterns identified through modelling by the Infrastructure team; fluctuations in the pond following rain events have been identified through this process.

In response to question from the Committee it was advised that:

·         One of the important culture changes has been to consider risk management as part of everyday work. While the teams are doing as much as they can with the resource available, Council continues to consider options to ensure that it is able to continue moving forward in this space.

·         While dedicated resource, such as a risk management insurance role, could be put in place and may be considered at some point, it has been important to ensure that all managers and risk owners are brought along the change journey and clearly understand risk and what is required of them. This process may have been circumvented by a dedicated role being in place too early.

·         Consideration would need to be given to the level within the risk framework that any dedicated role operated at.

That Council:

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

b.     Receive the report titled: Highest rated risks report 24 September 2018.

c.     Receive the report titled; NCC Risk Maturity Roadmap:  5 Year Plan

At the Meeting

The Chief Financial Officer spoke to the report, briefly reviewing the recent audits completed by Crowe Horwath and the intended schedule for the next year. It was noted that the contract with Crowe Horwath is flexible so it would be possible to incorporate a broader high level review into the schedule if desired.

In response to a question from the Committee it was advised that the first fraud workshop was run with senior leadership and the second with cash handling positions, depot and front of house staff. It was recommended that a specialist in the area of fraud present to this Committee in 2019.

It was noted that Crowe Horwath do not currently review cyber security but a separate review of our IT security measures is undertaken annually.

The Council:

a.     Resolve that the internal audit programme for 2017/18 and 2018/19 from Crowe Horwath is received.

At the Māori Consultative Committee meeting

Councillor Tapine spoke to previous discussion had by the Strategy and Infrastructure Committee on this item.

Māori Consultative Committee's recommendation

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

Committee's recommendation

That Council:

a.     Approve the release of the draft Napier Disability Strategy for community feedback.

At the Māori Consultative Committee meeting

The Mayor clarified that the grant is to assist the Napier Sailing Cub with the cost of upgrading the breastwork around the sailing club.

Māori Consultative Committee's recommendation

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

Committee's recommendation

That Council:

a.     Approve a grant to the Napier Sailing Club of 50% of the cost of an upgrade to the breastwork and boardwalk in front of the clubhouse, subject to a maximum grant amount of $250,000.

b.     That approval of the grant is subject to Council Officers being satisfied as to final design, scope of works, final quote, and compliance with any required consents.

c.     That actual payment to the club is to be made only upon Council Officers being satisfied as to physical progress of the works.

d.     That funding is to be provided from current Inner Harbour capital budgets, which are funded from the Hawke’s Bay Harbour Board Endowment Land Income Account.

e.     To authorise the transfer of the appropriate budget from the Inner Harbour Capital budgets to a Grant budget.  

f.     That an appropriate variation be made to the current Deed of Lease to secure reasonable public access to the breastwork and boardwalk in front of the clubhouse.

At the Māori Consultative Committee meeting

It was noted that Council will move to a ward-only system from the next election.

Māori Consultative Committee's recommendation

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

Committee's recommendation

That Council:

a.     Receive the Local Government Commission determination on the 2018 representation review.

b.     Note that Officers will make the appropriate arrangements for the 2019 elections in liaison with Council’s election provider.

At the Māori Consultative Committee meeting

The Chief Executive advised that other Councils are now moving to random order of candidates’ names on voting papers.

Māori Consultative Committee's recommendation

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

Committee's recommendation

That Council:

a.     Endorse the presentation of candidates’ names in random order on voting documents for the 2019 Local Government Elections.

At the Māori Consultative Committee meeting

The Strategic Māori Advisor spoke to the item, noting that updating the Roll of Honour (ROH) has been a large piece of work undertaken with the assistance of external researchers and archivists. The number of names has doubled from the number listed on the original ROH. Through this work some Māori names have been identified for correction and the Committee were asked to review the names and advise of any discrepancies. It was noted that records for Māori soldiers in particular are very poor.

In response to questions and discussion from the Committee it was clarified that the ROH does not recognise service. The criteria for the ROH is names of those that died within the official government period of the conflict. The Chair noted his dissatisfaction that service would not be recognised on the ROH.

Māori Consultative Committee's recommendation

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

Committee's recommendation

That Council:

a.     Approve the Napier Roll of Honour as an official Civic list of war dead for display at the War Memorial Centre site, and:

b.     Approve that 15 identified names from the 1995 Roll of Honour deemed by research to have good and legitimate reason for removal are not carried forward to the revised Roll of Honour.

At the Māori Consultative Committee meeting

It was noted that the War Memorial is still in the planning stage, but as the community has indicated that they would like to see interactive elements, there are opportunities for technology to be used in some manner to ensure the younger generation feel connected to this space and possibly to recognise others involved in those conflicts.

Māori Consultative Committee's recommendation

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

Committee's recommendation

That Council:

a.   Considers the community feedback,

b.   Reconfirms its decision made on 27 September 2017 to locate the War Memorial at the Floral Clock site, and

c.   Provides direction on a design concept.

d.   That Council staff take the following design direction to create a final design concept for adoption by Council: 

1.     That the reinstated Memorial be constructed at forecourt level, on the floral clock site, forming part of the War Memorial Site,

2.     That a curved wall, open to the elements, mimicking the ballroom shape and physically connected to the building, display the Roll of Honour,

3.     That the Perpetual Flame be built into the existing War Memorial Building Entranceway so that it is visible when entering the building, from the Memorial and externally at night,

4.     That water be incorporated into the design that is near to and complements the flame, so that they can be viewed together,

5.     That a place/s to sit and reflect be included,

6.     That physical access and visual connection to the formal lawn be incorporated,  

7.     That remembrance artwork be commissioned, to connect the Memorial space with the Memorial Building and lower lawn, uniting the Memorial elements; and that this be given as a brief to the Arts Advisory Group to commission,

8.     That landscaping is included that complements and promotes restful contemplation, and unites the Memorial Building with the Memorial elements,

9.     That the design include flag poles connecting the Memorial and Memorial building,

10.   That WW1 and WW2 Rolls be displayed in a prominent way flowing onto future conflicts such as Vietnam and Boer War Rolls,

11.   That the physical original Roll of Honour be respectfully incorporated into the design and that a small committee of appropriate representatives are given this brief, to provide Council a recommendation on ‘how to incorporate’.

e.     Note Councils intention to adopt a final design no later than August 2019 and begin construction as soon as practicable in the 2019 calendar year.

The division was declared carried by 12 votes to 1 vote the voting being as follows:

For:                 Councillors Boag, Brosnan, Dallimore, Hague, Jeffery, McGrath, Price, Tapine, Taylor, White, Wise and Wright

Against:         Mayor Dalton

At the Māori Consultative Committee meeting

The Mayor clarified that the aquatic strategy is currently underway with a new facility to be built at Prebensen Drive. In the short term there is a shortage of swimming lanes, especially for learn to swim programmes. Council has agreed to assist with the cost of upgrading the Greendale Pool, with funding being subject to the Greendale fundraising committee obtaining a signed contract for the works.

Māori Consultative Committee's recommendation

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

Committee's recommendation

That Council:

a.     Approve that $50,000 be allocated from the 2019/20 Council Project Fund to the Greendale Committee to restore the Taradale School Pool, conditional upon the receipt of a signed tender agreement signalling the commencement of the refurbishment work.

The division was declared carried by 12 votes to 1 vote the voting being as follows:

For:                 Mayor Dalton, Councillors Boag, Brosnan, Dallimore, Hague, Jeffery, Price, Tapine, Taylor, White, Wise and Wright

Against:         Councillor McGrath

At the Māori Consultative Committee meeting

There was no discussion on this item. The Mayor noted that the road stopping is an operational matter.

Māori Consultative Committee's recommendation

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

Committee's recommendation

That Council:

a.     Declare the road adjoining 65 Geddis Avenue, as described in the Schedule hereto, to be stopped; and

b.     Transfer the stopped road to the owners of the adjoining land, as described in the Schedule hereto, and require the amalgamation of the stopped road with the adjoining land under one record of title.

SCHEDULE

Hawkes Bay Land District – Napier City

At the Māori Consultative Committee meeting

The Mayor noted that the real challenge is around limiting the amount of waste that ends up at the landfill. New environmental requirements mean that the cost to build a new landfill will be enormously expensive. It was acknowledged that education will be key to delaying this for as long as possible.

Māori Consultative Committee's recommendation

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

Committee's recommendation

That Council:

a.     Receive the unconfirmed minutes of the Omarunui Refuse Landfill Joint Committee meeting from 7 December 2018. 

At the Māori Consultative Committee meeting

The Chief Executive noted that this recommendation provides approval for food carts to trade in the CBD as part of Council or Napier City Business Inc events until 31 October 2019, which they are currently unable do under the bylaw.

In response to questions it was noted that Council will assess whether a change to the bylaw is required.

Māori Consultative Committee's recommendation

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

Committee's recommendation

That Council:

a.     Approve the sale of food and beverages, including alcoholic beverages, to the public on public land within the city centre as part events held by either Napier City Council or Napier City Business Inc until the 31^st October 2019.

Officer’s Recommendation

That Council:

a.     Receive the Report of Tenders Let for the period 22 November 2018 – 22    February 2019.

Officer’s Recommendation

That Council:

a.   Receive the report on Resource Consents issued under delegated authority for the period 22 November 2018 to 22 February 2019.

Officer’s Recommendation

That Council:

a)     Receive the Report of Documents Executed Under Seal for the period 22    November 2018 – 22 February 2019.

Date

Document

11.12.18

Release of NCC Bond – 14a Bailliol Avenue

17.12.18

Lease Variation Subway, Pettigrew Green Arena

19.12.18

Lease or Reserve, Carlyle Kindergarten

23.01.19

Agreement & Easement document, Powerco Gas Pipeline

23.01.19

3 Brewster Street Amalgamation Covenant

01.02.19

Easement instrument to grant easement – 16A Church Road, Taradale

01.02.19

Easement instrument to grant easement – 1/16 Church Road, Taradale

01.02.19

Easement instrument to grant easement – 2/16 Church Road, Taradale

01.02.19

Easement instrument to grant easement – 18 Church Road, Taradale

01.02.19

Easement instrument to grant easement – 3/16 Church Road, Taradale

07.02.19

Bond – 207 Carlyle Street, Napier

18.02.19

Transfer Instrument 8 & 8b Ferguson Avenue, Westshore

Officer’s Recommendation

That Council:

a.   Receives the report Official Information Requests for the year to 26 February 2019.

General subject of each matter to be considered.

Reason for passing this resolution in relation to each matter.

That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information where the withholding of the information is necessary to:

Ground(s) under section 48(1) to the passing of this resolution.

48(1)(a) That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist:

Reports from Strategy and Infrastructure Committee held 19 February 2019

1.  Omarunui Refuse Landfill Joint Committee Public Excluded Minutes 7 December 2018

7(2)(h) Enable the local authority to carry out, without prejudice or disadvantage, commercial activities

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

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

Present

The Mayor (In the Chair), Councillors Boag, Brosnan, Dallimore, Hague, Jeffery, McGrath, Price [until 4.16pm], Tapine, Taylor, White, Wise and Wright

In Attendance

Chief Executive, Director Corporate Services, Director Community Services, Director Infrastructure Services, Director City Services, Director City Strategy, Manager Communications and Marketing, Chief Financial Officer, Manager Community Strategies, Manager Property, Strategic Planning Lead, Urban Design Lead, Communications Specialist

Administration

Governance Team

Council resolution

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

Council resolution

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

At the meeting

Tony Porter, Stuart Ainslie and Sarah Park of Hawke’s Bay Airport Ltd (HBAL) spoke to the 2018 Annual Report providing an overview of the financials and reported on increasing growth in passenger numbers. Councillors were walked through floorplans for the new terminal building and given an update as to progress. Security screening and car parking were highlighted as upcoming projects.

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

·         HBAL confirmed that no formal approach had been made in relation to Mana Ahuriri and the government’s shareholding.

·         They are working closely with partners, including Mana Ahuriri and environmental agencies around health and safety concerns regarding proximity to the estuary and cycle pathways etc.

·         The expanded plans for the terminal footprint may have coincided with the appointment of the new CEO but Directors were already uncomfortable with the size of the planned expansion prior to his appointment. The growth over the last three years has warranted the expansion and when the CEO commenced, the project was not too far along to reassess the plans. Security screening was thought to be a long way off when the plans were first considered but government has since indicated this this is now inevitable. HBAL are comfortable that they have created more opportunity by spending additional capital at this time.

·         It is inevitable that jets will be introduced at Hawke’s Bay Airport in the future; jets deliver a better scale of economy for airlines on certain routes.

·         Tapping into the export market would significantly increase the economic benefit to the region; this absolutely should be explored in future but how this would look is not known at this point.

·         The commercial model for carparking will be assessed. It is expected at some point that parking cost increases may need to be considered, but any increases would be carefully assessed and appropriate for the product offering.

·         HBAL are partnering with the Masterplan reviewer to create a safe connection into the airport zone for pedestrians and the cycle pathways.

Council resolution

That Council:

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

At the meeting

Councillor Dallimore noted his objection to the officer’s ‘in principle’ recommendation as he did not believe the Whakarire Avenue ratepayers should be required to contribute to the funding to repair damage caused by others; however, agreed to proceed with the 3% private allocation to ensure progress is made in this matter. The Mayor subsequently proposed that the motion be amended to remove the words ‘in principle’.

The following points were discussed by Councillors:

·         It was noted that the intention of the Coastal Hazards Strategy is to create zones of benefit and if we had a regional funding model in place, the public figure of 97% would be spread across the wider region.

·         This does not affect future decisions regarding mitigation for other damage.

·         $300 per annum for 30 years, for the 12 properties identified in the report, is considered to be an elegant and fair solution to protect these properties in future.

·         It was confirmed that consultation will be undertaken regarding the funding model and residents will have the opportunity to engage in this process.

·         It was suggested that a one-off payment could be preferred by some residents.

·         The impact of the 97% public good, being the balance of ratepayers, will be $6 per annum.

Officer’s Recommendation

That Council:

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

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

c.     Note that consultation will be undertaken as appropriate comprising informal consultation on a proposed funding option as per part a above, culminating in formal consultation as part of the 2019/20 Annual Plan process.

Substitute Motion Council resolution

That Council:

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

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

c.     Note that consultation will be undertaken as appropriate comprising informal consultation on a proposed funding option as per part a above, culminating in formal consultation as part of the 2019/20 Annual Plan process.

At the meeting

Councillors acknowledged and thanked staff involved in developing the site evaluation method and noted that the criteria has been very well considered.

Council resolution

That Council:

a.     Approve the Napier Library site evaluation method

At the meeting

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

·         It was originally thought that the Taradale reservoir would be brought online before the end of December but this is unlikely as contractors have not completed works yet. This reservoir is not critical to meet water demands over summer; however, Council could occupy the reservoir on a temporary basis if required.

·         Officers will come back to Council as to whether we should be reporting on wet weather overflows under wastewater management; we are currently reporting on dry weather overflows only.

·         Officers will email Councillors as to how the risks are being addressed regarding building consent performance and the changes to playground inspections.

·         The City Strategy measures noted are new measures brought in to report on the performance of the directorate.

The Chief Executive provided an update to Councillors on the events over the weekend as a result of the Church Road booster coming on board. Officers were testing the booster for the summer period which resulted in an increased flow rate and change in direction. Some discolouration was expected, but not the levels that occurred. The team are considering other ways to address the sediment issue and a Councillor workshop will be held to discuss options.

It was noted that the flushing of the pipes had been advertised and staff were very responsive, but unfortunately they cannot be everywhere at once and were required to cover a much larger area than intended.

As far as addressing goodwill with the community, the best way to repair this is to fix the problem. Officers are considering elements of the three waters programme that could potentially be brought forward, such as the Taradale bore field, or zone metering to better understand how water moves through our network. Officers advised they are aiming for early 2019 for de-chlorinated water station location options and the design process is underway; however, reactive work continues to slow progress in this space.

Council resolution

That Council:

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

At the meeting

It was agreed that the hybrid model regarding membership to the Clifton to Tangoio Coastal Hazards Strategy Joint Committee was the most appropriate.

Council resolution

That Council:

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

At the meeting

There was no discussion on this item.

Council resolution

That Council:

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

Council resolution

That the Māori Consultative Committee Minutes be received.

At the meeting

In response to questions from Councillors, it was acknowledged that the report from management has unfortunately not been completed due to conflicting priorities.

Council resolution

That Council:

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

At the meeting

Councillor McGrath noted that he would be voting against the motion due to expressed concerns of predetermination regarding a proposed speed change in Tamatea.

It was noted that clear signage will be key to ensuring the effective implementation of any speed changes.

Council resolution

That Council:

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

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

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

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

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

The division was declared carried by 11 votes to 1 vote the voting being as follows:

For:                 Mayor Dalton, Councillors Boag, Brosnan, Dallimore, Hague, Jeffery, Tapine, Taylor, White, Wise and Wright

Against:         Councillor McGrath

At the meeting

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

·         There are seven kindergartens on Council owned land. It is standard practice for community groups, rugby clubs etc. to be granted a 15 year lease with a further 15 year right of renewal, at Council’s discretion. This acknowledges that the buildings are generally owned by the organisation who, in some cases, have made substantial investment in these buildings. 

·         Internal processes are followed and the appropriate teams are consulted when formalising documentation for ground leases.

·         Officers did not consider that granting the lease to Taradale Kindergarten would impede progress in Taradale Park in future.

Council resolution

That Council:

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

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

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

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.

At the meeting

There was no discussion on this item.

Council resolution

That Council:

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

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

That Council:

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

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

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

At the meeting

There was no discussion on this item.

Council resolution

That Council:

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

At the meeting

There was no discussion on this item.

Council resolution

That Council:

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

At the meeting

In response to questions from Councillors it was clarified that suggestions for spending the surplus funds will need to come to Council. Any initiatives can be discussed during the Annual Plan workshops; however, cost drivers that Council is currently facing need to be considered.

Council resolution

That Council:

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

At the meeting

There was no discussion on this item.

Council resolution

That Council:

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

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

At the meeting

There was no discussion on this item.

Council resolution

That Council:

a.     Adopt the Fire Hydrant Use Policy 2018.

At the meeting

There was no discussion on this item.

Council resolution

That Council:

a.     Adopt the Napier Library Strategy 2018.

At the meeting

There was no discussion on this item.

Council resolution

That Council:

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

At the meeting

There was no discussion on this item.

Council resolution

That Council:

a.     Adopt the Napier Youth Strategy 2018.

At the meeting

There was no discussion on this item.

Council resolution

That Council:

a.     Receive the Report of Tenders Let for the period 10 October to 22 November 2018.

At the meeting

There was no discussion on this item.

Council resolution

That Council:

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

At the meeting

There was no discussion on this item.

Council resolution

That Council:

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

At the meeting

There was no discussion on this item.

Council resolution

That Council:

a.     Receives the report Official Information Requests for the year to 30 November 2018.

Council resolution

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

General subject of each matter to be considered.

Reason for passing this resolution in relation to each matter.

That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information where the withholding of the information is necessary to:

Ground(s) under section 48(1) to the passing of this resolution.

48(1)(a) That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist:

Agenda Items

1.  Legal Update as at 30 September 2018

7(2)(g) Maintain legal professional privilege

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

Reports from Finance Committee held 27 November 2018

1.  Land Sale

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

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

Reports from Community Services Committee held 27 November 2018

1.  Kennedy Park Main Ablution Block Refurbishment

7(2)(h) Enable the local authority to carry out, without prejudice or disadvantage, commercial activities

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

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

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

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

Present

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

In Attendance

Chief Executive, Director Corporate Services, Director Community Services, Director Infrastructure Services, Director City Services, Director City Strategy, Manager Communications and Marketing, Manager People and Capability, Manager Community Strategies, Manager Sport and Recreation, Strategic Finance Advisor, Senior Project Manager

Rodney Howard – Halcyon Project Management Limited

Administration

Governance Team

At the Meeting

The Notice of Motion was moved, noting that the decision is not about where the pools will be located but whether the correct process has been followed to get to where we are today. The process undertaken to date was outlined and Councillors were asked to consider whether Council’s significance and engagement policy has been adhered to; it states that Council will interact in an open, honest and respectful way and provide clear and relevant information.

A round table discussion was held where all Councillors were given an opportunity to express their views for or against the motion.

The points raised by Councillors for the motion were as follows:

·         Such an expensive project should be rated at the highest end of Council’s engagement spectrum.

·         Some Councillors believed that vital financial information was not disclosed in the LTP consultation document and the information provided appears to have been weighted in favour of the Prebensen Drive option.

·         Councillors were advised late in 2018 of the high contamination risks at Onekawa and of the risks to workers and surrounding areas.

·         A petition with over 7000 signatures was presented to Council objecting to moving the aquatic centre to Prebensen Drive and at the public meeting held on 4 December 2018, with approximately 150 attendees, not one person expressed their support for the move to Prebensen Drive. Council needs to listen to its community.

·         Councillors have been presented with significant new information since the adoption of the LTP in relation to the risks and additional costs associated with the Onekawa site, yet the public have only been invited to one public meeting.

·         The paper for this meeting states that independent advice has been obtained from a number of experts, all supporting construction at Prebensen Drive, but this advice does not seem to be supported by any additional reports. A summary report received from a member of the public however, states that the contamination risks are low at the Onekawa site.

·         Council has significant future spending for other projects that should be prioritised over the aquatic centre.

·         Council does not have a clear indication from the public of their preferred option. As this will be the largest project spend in Napier’s history, Council should have a clear majority preference before making a decision.

·         A number of Councillors stated that they were uncomfortable with borrowing $34Million for this project. The Ivan Wilson building has $7Million worth of residual assets so a better option would be to ‘revamp’ the current building.

·         Some Councillors stated that, in their view, it is not the decision that was wrong but rather the flawed process in arriving at that decision.

·         Comments made during the public forum were reiterated by a Councillor in that this decision needs to be about the kids and our community.

·         It was agreed that Council may not get 100% support from the community about the aquatic centre; however the Mosgiel pool consultation process achieved over 90% support.

·         There were over 40 construction risks outlined for the Onekawa site and no risks outlined for Prebensen. Councillors requested that officers advise how many of the risks listed for Onekawa site would be consistent with both sites.

·         The question posed to officers of what would $41Million would look like if it was spent at the Onekawa site has yet to be answered satisfactorily. The community have not been given an opportunity to say what they want and where they want it.

·         Regardless of what each Councillor’s preference is, we need to be sure that the community has been given an opportunity to engage in the process.

·         Council has not received a mandate from the community.

The points raised by Councillors against the motion were as follows:

·         The motion on the table is not taking into account the real issues of contamination and other site concerns at the Onekawa site that Council will need to address.

·         47 notable risks were identified at the Onekawa site in risk analysis, and even after applying mitigating measures these risks remain significant.

·         The LTP consultation document was delivered to every household in Napier and pop up workshops were held at various shopping centres around Napier. Excluding staff and Councillors, around 100 people attended the public meeting from a population of over 60000. 

·         A number of Councillors noted that there were attendees at the public meeting in favour of relocating the aquatic centre to Prebensen Drive who did not voice their views during the meeting itself for a number of reasons, but who have spoken to councillors afterwards.

·         The Onekawa site option is only good for 15 years; if Council were to build at Onekawa now and retain the Ivan Wilson building, the same discussion would be had again in 15 years’ time. 

·         Retrofitting an old site and blending the old with new brings additional risks and costs. It was noted that the previous 50m pool on the Onekawa site leaked as it had been built on unstable ground.

·         The risk at the Onekawa site is not quantifiable; the risk at Prebensen Drive is.

·         In proposing that the build move to a greenfield site, and using intellectual property from the QEII designs, Council is able to reduce the project costs.

·         Further investigations and consultation only adds to the project cost. The feeling at present is that no amount of consultation would change the public’s mind if they genuinely want to keep the pool at Onekawa.

·         A number of Councillors expressed their disappointment that others have resorted to blaming staff for information provided. Governance rests with the elected members and all Councillors were given opportunities to set the direction, approve the project and edit wording in consultation documents etc. Councillors were given every opportunity to voice any concerns.

·         Councillors made a unanimous decision to adopt the LTP consultation document. Legislation requires that the LTP document be concise to ensure everyone can understand it. Councillors also all signed off on the more detailed documents that sat behind the LTP which were available to everyone.

·         Council set a vision for this project a few years ago, and this Council gave staff direction of a new build. We would be negligent to tell the community we could build at Onekawa without significant cost. A new build on a greenfield site is the right direction for this project.

·         Council must run projects simultaneously. Council has a healthy balance sheet with money and a plan to deliver projects at the same time. The LTP reflects that water is Council’s highest priority and has been funded accordingly. There is also the ability to provide additional resourcing to other activities, such as water, during the Annual Plan process.

·         The Onekawa site will be redeveloped into a free-to-use family-friendly, greenspace area which will complement the Onekawa shopping centre. This will be a positive move to masterplan what is currently a group of buildings.

·         Onekawa will continue to thrive after relocating the aquatic centre; Council has an opportunity through the District Plan Review to look at this area.

·         Sporting groups have largely been in support of relocating the aquatic centre to Prebensen Drive.

·         The appetite from construction companies to absorb the risk associated with the Onekawa site would be limited.

·         No amount of consultation will result in a 100% unanimous decision from the public.

·         Future residential development of Napier is focussed towards the western hills, with somewhere between 1100-1200 sections scheduled to be built in the western part of the City. This will significantly increase the number of people that fall within the 3km radius of the Prebensen Drive site.

·         The options at Prebensen Drive are unlimited, with 7 hectares available for future development.

·         Unless an expert’s opinion can be refuted, it should be accepted. A number of experts have advised Council that the risks at the Onekawa site are too high to build a new aquatic centre and where another site is available the build should be there.

·         Ignoring staff recommendations, including advice from a contamination expert, is not good decision making. Leaders are required to make the hard decisions.

·         The member of the public that provided a summary report for Councillors on the contamination risks at Onekawa is a medical doctor, not a contamination expert.

·         It was noted that this will not be the only pool offering in Napier; the Greendale pool and Ocean Spa are also available. The most successful gym in Napier is the Ocean Spa gym as members have access to both facilities.

·         The NRB survey advised that the one thing that the public are most concerned about in Napier is the lack of pool facilities. The longer Council takes to progress this project the more the costs will escalate. Pools are always a controversial topic; the last time this issue was raised in Napier it took 40 years to come to a decision.

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

·         Asbestos is present in the roof of the Ivan Wilson building. There is a plan in place to manage this as part of the regular building maintenance work.

·         The contamination risks at the Onekawa site are different for residential developments than for commercial developments; the Omni Gym is located outside of the landfill contamination area.

·         The risk assessment for the Onekawa site was prepared by The Business Intelligence Group in December 2017.

Councillor submitted notice of motion

That Council proceed with the notice of motion:

i.      That independent site, design, quantity survey and social impact assessments be undertaken for the Option 2 Aquatic Centre included in the 2018-28 Long Term Plan;

ii.     That the design of Option 2 be modified to address any findings from the independent assessment;

iii.    That Option 1 and the re-assessed Option 2 Aquatic Centre proposals go out for community consultation.

The division was declared lost by 6 votes to 7 votes the voting being as follows:

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

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

Council resolution

That the public and staff, with the exception of the Team Leader Governance, be excluded from the following parts of the proceedings of this meeting.

General subject of each matter to be considered.

Reason for passing this resolution in relation to each matter.

That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information where the withholding of the information is necessary to:

Ground(s) under section 48(1) to the passing of this resolution.

48(1)(a) That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist:

Agenda Items

1.  Chief Executive Remuneration

7(2)(a) Protect the privacy of natural persons, including that of a deceased person

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

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

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

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

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

Present

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

In Attendance

Chief Executive, Director Corporate Services, Director Infrastructure Services, Director City Services, Director City Strategy, Manager Communications and Marketing, Manager Building Consents

Helen Rice – Managing Director, Rice Speir

Amy Davidson – Senior Associate, Rice Speir

Administration

Governance Team

Apologies

Council resolution

That the apologies from Mayor Dalton, Cr Taylor, Cr Wise and Cr Wright be accepted.

Council resolution

That the public and all staff other than

·         Members of the Senior Leadership Team

·         Manager Building Consents

·         Governance Team (for the purposes of meeting administration

·         Helen Rice and Amy Davidson of Rice Speir

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

General subject of each matter to be considered.

Reason for passing this resolution in relation to each matter.

That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information where the withholding of the information is necessary to:

Ground(s) under section 48(1) to the passing of this resolution.

48(1)(a) That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist:

Agenda Items

1.  Delegation to Chief Executive

7(2)(g) Maintain legal professional privilege

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

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

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

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

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