Agenda of Ordinary Meeting of Council

Ordinary Meeting of Council - 19 November 2019 - Open Agenda

ORDER OF BUSINESS

Apologies

Councillor Mawson

Conflicts of interest

Announcements by the Mayor

Announcements by the management

Confirmation of minutes

That the Draft Minutes of the Extraordinary Meeting of Council held on Monday, 4 November 2019 be confirmed as a true and accurate record of the meeting........................................................................ 77

Hearing of Submissions

Each speaker is allocated 10 minutes, including any questions from Council.

A single bell will be rung at eight minutes, and a double bell will be rung at 10 minutes.

Time	Speaker	Submission Number
1.05 pm	Angie Denby	56
1.15 pm	Amber Davies	48
1.25 pm	Jenny Baker	38
1.35 pm	John Warren	42
1.45 pm	Ron Wareham	39
1.55 pm	Paul Bailey	14
2.05 pm	Deborah Burnside	47
2.15 pm	Murray Sinclair	53
2.25 pm	Ellen Humphries	55

Note: The times above are an indication only as speakers may not use their full 10 minutes. If a speaker is not present at the time their name is called, the Mayor will move to the next speaker and that person may not have another opportunity to speak (this will be at the Mayor’s discretion).

Agenda items

1 Stormwater Bylaw........................................................................................................... 4

2 Governance Structure 2019-2022................................................................................... 8

3 Elected Members' Remuneration: Post-Election Allocation of Partial Pool..................... 45

4 Extension of District Licensing Committee contracts..................................................... 49

5 Set Parking Fees and Charges - 286 and 292 Hastings Street...................................... 52

6 Napier War Memorial Design Reference Group............................................................ 54

7 Rating Outturn Surplus 2018/19.................................................................................... 59

8 Reserve Funding changes............................................................................................ 62

Reports under delegated authority

1 Tenders Let.................................................................................................................. 67

2 Documents Signed Under Delegated Authority............................................................. 68

3 Resource Consents...................................................................................................... 70

Public excluded ............................................................................................................. 76

Ordinary Meeting of Council - 19 November 2019 - Open Agenda Item 1

Agenda Items

1. Stormwater Bylaw

Type of Report:	Legal
Legal Reference:	Local Government Act 2002
Document ID:	868449
Reporting Officer/s & Unit:	Cameron Burton, Manager Environmental Solutions

1.1 Purpose of Report

This report supports the hearing process and seeks to inform Council of the responses from the public to recent full public consultation of the changes to the Stormwater Bylaw 2012 as it currently stands for Napier.

The proposed amendments to the current Bylaw seek to enable positive change to enable the protection and management of discharges of contaminants into the Council stormwater network, which subsequently discharges to the marine environment, either via the Taipō Stream, Te Whanganui-a-Orotū (The Ahuriri Estuary) or via pipes entering the ocean.

The Stormwater Bylaw is one of the tools that Council Officers can use to encourage better practices when it comes to the discharge of contaminants which enter the environment via the Council-managed stormwater pipes and urban open waterway network.

Officer’s Recommendation

That Council:

a. Receive the report.

b. Endorse Council Officers to facilitate further amendments to the Draft Proposed Stormwater Bylaw taking into account public feedback received through the Special Consultative Procedure. These amendments are to be in accordance with the ‘Officer Response’ column of the table of Appendix 1 of the attached report from Mitchell Daysh and any further outcomes of the hearing process.

c. Note that the final Napier City Stormwater Bylaw 2019, is to be presented to Council for approval and enactment at a subsequent Council meeting.

Mayor’s Recommendation

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

1.2 Background Summary

Following the establishment of Council’s Stormwater Bylaw 2012, which was adopted on 12 December 2012, a review of that document (being the first enacted bylaw of that purpose) is required after 5 years, which we have completed and which has been provided to the public for comment through the Special Consultative Procedure.

The bylaw has been revised to:

· Make it clear that certain activities that damage or pose a threat to the stormwater network are prohibited and will need to be managed through an approval from the Council;

· Require all new connections to the public stormwater network to have an approval from the Council;

· Require discharges of certain types of stormwater to the public stormwater network obtain Council approval;

· Clarify obligations in relation to private stormwater systems;

· Outline the process for obtaining an approval where one is required under the Bylaw, and the matters Council may take into account, and make the subject of conditions;

· Detail the implications of failing to comply with the conditions of an approval, or the Bylaw itself.

Mitchell Daysh Limited were engaged as independent planning consultants to summarise public submissions, and where amendments to the proposal have been submitted, these have been reviewed for applicability and further amendments to the proposed bylaw have been recommended to take those submissions into account. This independent report has been attached to assist with the decision-making and hearing process.

Submissions/Hearing Process

The public and organisations have taken the time and effort to provide submissions on this proposed Bylaw and these are to be taken into account by Council in deciding the outcome of this proposal. The hearing for this proposal is a further opportunity to facilitate the verbal expression of those who have submitted to ensure that Council has a full understanding of the issues and opportunities at hand in relation to the proposed Stormwater Bylaw.

Following the hearing, a decision will later be made which will pave the way to finalising the Bylaw for Napier, potentially for the coming 10 years.

1.3 Issues

It must be noted that due to this Bylaw being enacted pursuant to the Local Government Act 2002, the penalties that are able to be issued to those persons who choose to breach the Stormwater Bylaw are restricted to those specified in s.242(4) of the Act, being:

“A person who is convicted of an offence against a bylaw made under Part 8 (other than a bylaw made under Part 8 referred to in subsection (5)) is liable to a fine not exceeding $20,000.”

Napier City Council hold resource consents to conditionally authorise the discharges of contaminants in stormwater which are issued pursuant to the Resource Management Act 1991 which where a person (organisation) committing an offence may be imprisoned for up to two years or fined up to $600,000.

There is obviously a significant gap between the two levels of penalty of the two sets of legislation – this presents significant risk to Council, which is why it is important to ensure that those who can potentially carry out a discharge to our network which could result in Council being penalised are also held to account as best as is possible. Some of this risk is managed through the administration of this proposed bylaw.

1.4 Significance and Engagement

A thorough and full public consultation process, which was highly visible throughout Napier has been undertaken. This consultation exceeded the minimum requirements of the Special Consultative Procedure of s. 86 of the Local Government Act 2002. Consultation commenced on 25 September 2019 and closed at midday on 29 October 2019.

The method of consultation included:

· Radio advertisements;

· Press releases and regional newspaper articles;

· Inclusion in Proudly Napier in the Napier Courier;

· Billboards and placards in key positions and high traffic areas around the City;

· Digital screen advertising at Customer Services, Napier Library, Taradale Library,
i-Site; McLean Park and the Napier Aquatic Centre;

· E-signatures on all external email communications from Council to the public;

· Advertisements through the Google Ads Network;

· Website banner and link update on the Napier City Council website;

· Posts on the City Council Facebook page which were subsequently shared on other Napier-focussed community Facebook pages;

· Direct letters to all industrial-zoned landowners in Napier;

· Direct letters to all car yard operators in Napier;

· Face-to-face ‘pop-up’ engagement meetings in Onekawa and Pandora Industrial Areas;

· A presentation, workshop and question/answer session was provided for primary stakeholders.

The public were able to formally provide consultation through paper forms available at the city libraries and the customer service centre, and the Say It Napier Website was updated and provided a popular choice for online submissions.

Where submissions had been commenced online, but not completed, those submitters were given a further chance to submit which was taken up by the majority of those people.

In total, we formally received 37 submissions. 2 persons submitted twice.

19 of those submitters were in favour of the proposed bylaw, mainly for reasons relating to increased protection of our coastal environment, particularly Te Whanganui-a-Orotū (Ahuriri Estuary) and saw the knock-on effects of an improved proposed Stormwater Bylaw in areas of recreation, ecology and through providing an increased understanding of what is acceptable (or not) to flow into the stormwater network.

18 of those submitters were in opposition to the proposal, predominantly in response to the restrictions that this proposed Bylaw would have upon the washing of vehicles, but also where submitters thought that the impact of sediment being driven off industrial sites was not adequately focussed on.

In this hearing, those submitters who have chosen to speak to their written submission (for or in opposition) will have the opportunity to do so.

1.5 Implications

Financial

There are no direct financial impacts upon Council as a result of changes relating to the proposed Stormwater Bylaw, however the Bylaw if approved may have some financial implications within the community. Such impacts may occur where operators and residents make informed and correct decisions to reduce the environmental impact of their activities which discharge to the stormwater network. Such initiatives may include creating rain gardens, installing contaminant interceptors or other solutions in an effort to increase compliance with the intention of the proposed bylaw.

Social & Policy

The Bylaw changes are proposed in response to an increased understanding and expectation from society to further protect our environment which the stormwater system is directly linked to, to align with policy changes to reduce environmental impact of the activities Council deliver that link to the stormwater system.

Risk

Reputational, Legal, Environmental, and Operational risk would be increased by not updating Council’s stance on the discharge of pollutants to the stormwater infrastructure and open urban waterways networks in Napier. The Stormwater Bylaw is one of Council’s most powerful tools for reducing pollution discharged to the Council’s reticulated stormwater system and open urban waterways.

1.6 Options

The options available to Council are as follows:

a. Retract the current Bylaw, if deemed to seek the best outcomes, and subsequent to this review, rename it as the Napier City Stormwater Bylaw 2019;

b. Review the consultation outcomes and endorse the proposed amendments to include them within an amended Proposed Napier City Stormwater Bylaw, for enactment at a later date;

c. Provide direction to Officers using the content of the Mitchell Daysh report and the outcome of the hearing process to amend the proposed Stormwater Bylaw to address those relevant concerns of the submitters to form a robust and balanced amendment to the Proposed Napier City Stormwater Bylaw, for enactment at a later date.

1.7 Development of Preferred Option

Option C: Following this hearing and the processing of the recommended changes from the Mitchell Daysh Report, enable Council Officers to modify the draft Proposed Stormwater Bylaw through the inclusion of further amendments based on the report and direction of the hearing process, to be presented to Council for approval and enactment at a subsequent Council meeting (yet to be determined).

1.8 Attachments

a Mitchell Daysh - NCC Stormwater Bylaw 2019 Submissions report and Appendix 1 (Under Separate Cover) ⇨

b Appendix 2 - Whole Submissions received_Redacted (Under Separate Cover) ⇨

c Napier City Stormwater Bylaw 2012 (Under Separate Cover) ⇨

d Draft Proposal Napier City Stormwater Bylaw (Under Separate Cover) ⇨

Ordinary Meeting of Council - 19 November 2019 - Open Agenda Item 2

2. Governance Structure 2019-2022

Type of Report:	Operational
Legal Reference:	Local Government Act 2002; Local Government Official information and Meetings Act 1987
Document ID:	866826
Reporting Officer/s & Unit:	Devorah Nícuarta-Smith, Team Leader Governance

2.1 Purpose of Report

To present the governance structure established by the Mayor under s41A of the Local Government Act 2002 for adoption by Council.

Officer’s Recommendation

That Council:

a. Adopt the Napier City Council 2019 Governance Structure.

b. Note that meetings for the remainder of the 2019 calendar year will primarily be of Council to allow for the governance structure to be appropriately implemented, with the exception of a second quarter meeting of the Audit and Risk Committee which will also be scheduled.

i. Ordinary Council meetings will be scheduled for:

Thursday 5 December 2019, 10.00am

Thursday 19 December 2019, 10.00am

ii. Extraordinary Council meeting has been called for:

Wednesday 27 November 2019, 10am

iii. Audit and Risk Committee meeting will be scheduled for:

Thursday 5 December 2019, 1.00pm

c. Note that the 2020 meeting schedule will be brought to a December ordinary meeting of Council.

d. Note that the 2019 Governance Structure will be formally reviewed by the Mayor part way through the Triennium to assess its effectiveness.

Mayor’s Recommendation

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

2.2 Background Summary

One of the powers of the Mayor under s41A of the Local Government Act 2002, and typically one of the first actions of a Mayor following the election, is establishing the decision making structure they want to help address the work required of the governing body. This is referred to as the governance structure.

The structure decided on will have impacts on the roles and responsibilities of the members, the allocation of the remuneration pool across councillors, and the officer resourcing required to implement and support the structure.

To allow for the appropriate implementation of the proposed governance structure, the Mayor has decided that any meetings for the remainder of the 2019 calendar year will primarily be of Council, with the full committee structure to be operational from 2020. However it should be noted that the second quarter meeting of the Audit and Risk Committee will also be scheduled.

2.3 Issues

The governance structure of a council has a significant part to play in how it is able to meet its requirements under law. The Local Government Act 2002 (reprint 22 October 2019) states that the purpose of Local Government is:

· to enable democratic local decision-making and action by, and on behalf of, communities; and

· to promote the social, economic, environmental, and cultural well-being of communities in the present and for the future

(s10, LGA 2002)

Local Government is also required to take account of the Treaty of Waitangi, and facilitate participation by Māori in decision-making processes (ss 4, 81 LGA 2002).

Further, Council must identify and appropriately manage multiple forms of risk, and undertake significant planning processes under both the LGA 2002 and Resource Management Act 1991. As well as the Annual Plans and Long Term Plan (the three yearly review of which will need to be adopted in 2021), in this Triennium Council is required to complete its 10 yearly review of the District Plan. The work to complete this project is significant, time bound and driven by legislation.

A District Licensing Committee is required under the Sale and Supply of Alcohol 2012.

Taking consideration of the purpose of Local Government, the legislative requirements incumbent on all councils, and the natural drive of all who are involved with Council towards serving their community the best ways they can, Local Government New Zealand note in their white paper Designing decision-making structures for councils a number of principles useful to consider when working through possible governance structures:

Transparency and openness

The nature of a governance structure can either enhance or diminish transparency and openness, both of which are essential to build trust in public institutions.

Competent and capable

Participants in the system need the capability to meet expectations and be able to access to competent advice.

Accountability

Choice of governance model must be understandable, and accountability for decisions made must be clear and unambiguous.

Diversity

Decision-making models should cater for diversity amongst elected members by enabling members to attend meetings at times that suit them and alter their level of participation according to other demands on their lives.

Inclusive and responsive

The governance system should be responsive to issues and matters of concern brought before it without unnecessary delays.

Additional Factors

A further consideration that will feed into the final decision on governance structures is the personnel resourcing and financial costs required to appropriately support what is put in place.

The Mayor has taken these principles into consideration in the establishment of the proposed governance structure, as well as allowing for particular types of committees that for legislative and best practice reasons are strongly recommended to exist within a structure.

These include a Māori participation committee, an Audit and Risk focussed committee, a Hearings focussed committee with members appropriately accredited under the Resource Management Act 1991, and a District Licensing Committee as required under the Sale and Supply of Alcohol Act 2012.

There is no requirement to maintain the same structure throughout the entire triennium. In their white paper Designing decision-making structures for councils Local Government New Zealand recommends that at the start of a triennium time is scheduled part way through the three years to review the structures and check that they are supporting the council to achieve its objectives in a responsive and inclusive way.

It should be noted that an extensive review of Council grants is planned for 2020, led by an independent assessor, which may impact on any internal structures in relation to grants allocations moving forward.

It has also been advised by Hastings District Council that the Terms of Reference for the Joint Waste Futures Project Steering Committee will be reviewed in line with the shift in focus following the adoption of the Waste Management and Minimisation Plan. The TOR will be brought to both Councils for adoption in due course.

2.4 Significance and Engagement

This matter is an exercise of the role and powers of the Mayor under s41A of the Local Government Act 2002 and does not trigger the Significance and Engagement Policy or other consultation requirements.

2.5 Implications

Financial

As has been the case in previous triennia, some external appointees will be recognised for their time with remuneration. As they are appointed and not elected members this remuneration is not usually allocated out of the remuneration pool set by the Remuneration Authority for the payment of councillors, but is extra to it.

Social & Policy

As appropriate, external appointments have been to Council bodies to increase public participation in Council processes.

Risk

N/A

2.6 Options

The options available to Council are as follows:

a. Adopt the Mayor’s proposed 2019 Governance Structure, noting that a review of the structure will be undertaken by the Mayor part way through the three year term.

b. Propose minor amendments to the governance structure in discussion with the Mayor.

2.7 Development of Preferred Option

As the proposed governance structure is put forward by the Mayor as part of the powers available to her under s41A of the Local Government Act 2002, it is recommended that Council adopt the proposed arrangements.

2.8 Attachments

a 2019 Governance Structure ⇩

Ordinary Meeting of Council - 19 November 2019 - Open Agenda Item 3

3. Elected Members' Remuneration: Post-Election Allocation of Partial Pool

Type of Report:	Legal and Operational
Legal Reference:	Local Government Act 2002; Remuneration Determination 2019/20
Document ID:	869084
Reporting Officer/s & Unit:	Devorah Nícuarta-Smith, Team Leader Governance

3.1 Purpose of Report

To present to Council the Mayor’s proposed allocation of the 2019/2020 post-election remuneration partial pool set by the Remuneration Authority for Napier City Councillors.

Officer’s Recommendation

That Council:

a. Endorse the allocation of the 2019/2020 post-election remuneration partial pool set by the Remuneration Authority for Napier City Councillors (noting that the Mayoral remuneration is set directly by the Remuneration Authority).

i. Deputy Mayor (1) - $80,000

ii. Standing Committee Chair (3) - $61,000

iii. Standing Committee Deputy Chair (4) - $57,250

iv. Portfolio Holder (4) – 53,274

b. Note and endorse that the base rate for councillors has been set at $45,000.

Mayor’s Recommendation

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

3.2 Background Summary

The Local Government Act 2002 (clause 7 of Schedule 7) mandated the Remuneration Authority (the Authority) to set the remuneration for all elected members nationally. This is undertaken annually.

Over the past two years, the Remuneration Authority has conducted a major review of the local government sector remuneration, which included extensive consultation. As a result of the review, the Authority decided to make two changes to the way in which remuneration is set. First it adopted a set of revised and updated council size indices (one each for territorial authorities, unitary authorities and regional councils); and secondly it decided to introduce a more locally responsive way of setting members remuneration. It should be noted that the remuneration of Mayors is not included in the change.

Under the new approach, the Authority has created a total “governance remuneration pool” for each council, reflecting the ranking of that council on the index. The size of the pool does not correspond to the number of councillors.

The local government governance remuneration pool for councillors that will apply on and after the date on which the official result of the 2019 local election of members for Napier City Council is $705,096. The minimum base rate for councillors set by the Remuneration Authority for Napier City Council is $43,142.

The total remuneration for the Mayor of Napier City including vehicle and mileage as set by the Remuneration Authority will be $145,500.

Post-election, each new Council is responsible for allocating its remuneration pool, and advising the Remuneration Authority of the recommended breakdown of the remuneration for the remainder of the 2019/2020 financial year. A new determination is made by the Authority each financial year.

These recommendations will include a rate for base councillor remuneration and rates for all positions of responsibility. The Authority will then review the Council’s recommendations before determining and gazetting the remuneration payable to members.

Remuneration of Mayors will continue to be individually set by the Authority and will reflect each council’s ranking on the relevant size index.

Allowance payments are at the discretion of each council, however the Determination reviews these annually.

In allocating the remuneration pool, the following requirements must be met:

· The whole pool must be utilised.

· The Authority has set a minimum base rate for councillors per council; a council may decide that their base rate for councillors be higher than this, but it cannot be lower.

· Council must formally vote on:

o The committee structure and any associated positions of responsibility

o Any other positions of additional responsibility to be recognised by remuneration

o The annual dollar value of remuneration attached to each role (which would be paid in addition to the base level of remuneration), and

o Who will be undertaking each role.

· Following its formal decision-making, the Council will need to forward its adopted

resolutions to the Authority for consideration for inclusion in the final determination.

For transparency, the remuneration allocation workbook is shown at Attachment A.

The committee structure, associated positions of responsibility, and who will be undertaking each role has been brought to Council in the previous item.

3.3 Issues

No issues

3.4 Significance and Engagement

This report advises on matters under the Local Government Act 2002 and the 2019/20 Remuneration Determination of the Remuneration Authority, and does not trigger the Significance and Engagement Policy or other consultation requirements.

3.5 Implications

Financial

The 2019/20 Determination is set by the national Remuneration Authority and impacts on the pay levels for all elected members.

Social & Policy

N/A

Risk

N/A

3.6 Options

The options available to Council are as follows:

a. Endorse the Mayor’s proposed base rate and recognition of responsibilities culminating in the proposed allocation of the remuneration partial pool.

b. Negotiate changes to the Mayor’s proposed allocation with the Mayor, noting that there may be impacts on the timing that the allocation is able to be gazetted by the Remuneration Authority.

3.7 Development of Preferred Option

It is recommended that the Mayor’s proposed allocation be endorsed, as it has been developed in line with the rules advised by the Remuneration Authority and reflects a variety of responsibilities held by different members of the Council.

3.8 Attachments

a Remuneration Allocation Workbook ⇩

Ordinary Meeting of Council - 19 November 2019 - Open Agenda Item 4

4. Extension of District Licensing Committee contracts

Type of Report:	Contractual
Legal Reference:	Sale and Supply of Alcohol Act 2012
Document ID:	866465
Reporting Officer/s & Unit:	Rachael Horton, Manager Regulatory Solutions

4.1 Purpose of Report

To seek Council’s approval to extend the contracts of the current District Licensing Committee until the completion of the current recruitment process and appointment of the 2019-2022 Committee.

Officer’s Recommendation

That Council:

a. Approve the extension of the contracts of the current District Licensing Committee members until the completion of the current recruitment process and appointment of the 2019-2022 Commissioner and list members.

i. The current members being:

· Dave Fellows (Commissioner and Chair)

· Ross Pinkham

· John Cocking

· Councillor Keith Price

· Councillor Graeme Taylor

ii. Noting that their number is adequate to form a hearing quorum as required.

iii. Further noting that all have confirmed their comfort to continue in this role over the interim period.

Mayor’s Recommendation

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

4.2 Background Summary

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 (the maximum appointment period under the Act).

In November 2018 the members of the DLC were reappointed for a period of 12 months to 29 November 2019 to better align the committee with the local government election process. This alignment was enhanced by the associated resolution that future appointments be for three years in line with the triennial election cycle.

The recruitment process for DLC members is a formal external process pursuant to the provisions of the Act, and is currently underway seeking interested parties for the 2019-2022 term.

It is anticipated that in ensuring the rigor of the recruitment and that due process is followed, appointments of the committee may not be in place until late December 2019. It is therefore requested of Council that the existing members of the committee have their contracts extended until such time as the appointments of the 2019-2022 committee are confirmed and the appropriate contractual agreements reached. As is the case with elected members and the transition between councils, the existing committee would therefore leave office as the new committee takes office, noting that some members may be reappointed.

4.3 Issues

It is anticipated that there may be a period of approximately one month between when the current contracts of the committee expire, and the appointments of the incoming committee members are completed. There is a risk to Council if matters under the Sale and Supply of Alcohol Act 2012 require hearing or a decision by Commissioner during this time and there is no committee in place.

The current list members are sufficient to form a quorum in the event that a hearing was required. Current members are:

· Dave Fellows (Commissioner and Chair)

· Ross Pinkham

· John Cocking

· Councillor Keith Price

· Councillor Graeme Taylor

The current list members have been consulted with and have confirmed they are comfortable to continue on in their roles with the DLC for this interim period should it be required.

4.4 Significance and Engagement

This matter is pursuant to the Sale and Supply of Alcohol Act 2012 and does not trigger the Significance and Engagement Policy or other consultation requirements.

4.5 Implications

Financial

N/A

Social & Policy

N/A

Risk

As noted above, there is a risk to Council if matters under the Sale and Supply of Alcohol Act 2012 require hearing or a decision by Commissioner during this time period and there is no committee in place.

4.6 Options

The options available to Council are as follows:

a. To extend the contracts of the incumbent DLC committee members, including the Commissioner until the appointments for the 2019-2022 term are completed.

b. To allow the current contracts to lapse, and have no DLC committee in place until the appointments for 2019-2022 term are completed.

4.7 Development of Preferred Option

Option a is the preferred option, as it better ensures Council is able to address any matters raised under the Sale and Supply of Alcohol Act 2012 in a timely and appropriate manner, and a smooth transition into the 2019-2022 term is achieved.

4.8 Attachments

Nil

Ordinary Meeting of Council - 19 November 2019 - Open Agenda Item 5

5. Set Parking Fees and Charges - 286 and 292 Hastings Street

Type of Report:	Operational
Legal Reference:	Traffic Regulations, Parking Control Bylaw 2008
Document ID:	867010
Reporting Officer/s & Unit:	Rachael Horton, Manager Regulatory Solutions

5.1 Purpose of Report

To seek Council’s approval for establishing parking fees for the property of 286 and 292 Hastings Street, Napier, which was acquired by Council in 2017 to bolster the supply of parking options in the city.

Officer’s Recommendation

That Council:

a. Establish the property of 286 and 292 Hastings Street, Napier as a lease car park.

b. Agree that the parking fees be set at $30 per week.

Mayor’s Recommendation

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

5.2 Background Summary

Parking supply in the Napier CBD is at a premium. The properties of 286 and 292 Hastings Street were identified in 2017 by council officers as a strategic acquisition to supplement the CBD parking supply. This was supported by the then preliminary findings of the draft Parking Strategy, which was later adopted by Council.

Council purchased the existing privately owned car park at 292 Hastings Street in May 2017 and the ex Motordrome site of 286 Hastings Street in November 2017.

5.3 Issues

Current leased parking is well subscribed with heavy and growing demand for public off street parking. The Parking Strategy identifies a need to provide sufficient leased parking to offset the loss of leased parking spaces that have occurred in response to the Marine Parade redevelopment project, as well as the private redevelopment of a large site on Munroe Street which was previously utilised as all day parking by workers in the CBD.

Since Council acquired the property of 292 Hastings Street it has been utilised as a casual all day car park. Since the property purchase of 286 Hastings Street, Council has had to fulfil its obligations to the previous owner leasing the property for 12 months. Following the vacancy of the business, an archaeology assessment was completed in consultation with iwi and an Archaeology Authority was approved by Heritage NZ for the proposed works on the site. These works have consisted to-date of the demolition of the existing buildings, which commenced on 29 October 2019.

The combined site will provide 35 leased car parks.

Leased parking across the CBD ranges from $15-$30 per week depending on the proximity to the CBD:

· 4 parking bays in Dalton Street are leased at $30 per week as these are the closest parks to the CBD

· Edwardes Street lease carpark is set at $15 per week and is the furthest from the CBD

· All other lease carparks are set at $25 per week and share similar proximity to the CBD

Anecdotally, we are aware that a number of customers on the current lease carpark waitlist are prepared to pay $30 to park close to the CBD.

As this site is close to the CBD a weekly charge of $30 is considered appropriate.

5.4 Significance and Engagement

This matter is determined as low significance.

5.5 Implications

Financial

Expected annual returns for the car park operating as a leased car park is a return of $54,600 when based on a fee of $30 per week with 100% occupancy.

Social & Policy

N/A

Risk

There are no substantial risks associated with this decision.

5.6 Options

The options available to Council are as follows:

a. Leased car park at $30 per week.

b. All day paid parking at $1 per hour up to a limit of 10 hours

5.7 Development of Preferred Option

Option A is the preferred option for the following reasons:

· Demand for lease parking is high with the current waitlist at 143[1]

· All day paid parking is not fully utilised along areas such as Marine Parade

· A number of customers on the waitlist have indicated a preference for parks closer to the CBD and are willing to pay more

5.8 Attachments

Nil

Ordinary Meeting of Council - 19 November 2019 - Open Agenda Item 6

6. Napier War Memorial Design Reference Group

Type of Report:	Operational
Legal Reference:	N/A
Document ID:	866454
Reporting Officer/s & Unit:	Antoinette Campbell, Director Community Services

6.1 Purpose of Report

To approve the Terms of Reference for the Napier War Memorial Design Working Group and the appointment of the successful tenderer to the design concept.

Officer’s Recommendation

That Council:

a. Approve the Napier War Memorial Reference Group Terms of Reference.

b. Approve the appointment of Design Group Stapleton Elliot + PMA to develop the Napier War Memorial Design Concept.

Mayor’s Recommendation

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

6.2 Background Summary

At its meeting of 5 March 2019 Council provided design direction to officers after consideration of community feedback on the Napier War Memorial design options. It also resolved to tender the development of a revised design concept by August 2019, and that construction should be tendered as soon as practicable in the 2019/20 financial year.

Registrations of Interest (ROI) were invited mid-June and closed early July 2019. The shortlisted ROIs were presented to the Council at a seminar on 2 August 2019.

The preferred architect was selected to progress the ROI to design concept. The preferred architect is Design Group Stapleton Elliot + PMA.

The previous Council identified that a Reference Group should be established comprised of at least the following representatives;

· Dorothy Pilkington, Historic Places Hawke’s Bay

· Craig Morley, community representative

· RSA representatives

· Military advisor

· Councillors Wise, Taylor and Brosnan

· Relevant staff.

It was also recommended that Guy Natusch be invited to participate given his long involvement in the Napier War Memorial.

Subsequent to this seminar, officers received advice from the Electoral Officer that it would not be appropriate for councillors to participate on a Reference Group so close to the election, knowing that all three were standing again. It was therefore recommended that the Reference Group was appointed after the election when the results were known.

A terms of reference (attached) has been drafted to set the purpose, objectives, principles and membership of the Reference Group. The nominated Councillors have been re-elected and express continued interest to be appointed to the Reference Group in their new roles this triennium.

6.3 Issues

No issues

6.4 Significance and Engagement

The Napier War Memorial project is considered a project of significance due to the level of community interest and the involvement of a strategic asset. The War Memorial has been the subject of extensive community consultation and a high level of public scrutiny.

6.5 Implications

Financial

The capital budget set for this project is $1,540,000. Council resolved that construction costs, excluding remembrance artwork and all professional fees is to be no more than $750,000.

Social & Policy

N/A

Risk

N/A

6.6 Options

The options available to Council are as follows:

a. To approve the draft Terms of Reference and the appointment of the preferred architect, Design Group Stapleton Elliot + PMA, to progress the concept design.

b. To not approve at this time.

6.7 Development of Preferred Option

The preferred option is to progress the establishment of the Napier War Memorial Reference Group and appoint the architect so that the design is progressed with haste to endeavour to meet the required construction timelines.

6.8 Attachments

a Napier War Memorial Reference Group Draft Terms of Reference ⇩

Ordinary Meeting of Council - 19 November 2019 - Attachments

Item 6

Attachments a

Napier War Memorial Reference Group

Terms of Reference

Purpose

The Napier War Memorial Reference Group (the Reference Group) will provide advice and guidance on the development of the concept design, including art work, for the Napier War Memorial based on the design elements that Council resolved on 5 March 2019.

Objectives

· To proactively share skills, ideas and experience to inform the concept design

· To provide feedback on the subsequent concept design

· To provide input into any recommendations to Council on the concept design

Principles

· Active participation is encouraged, where members treat each other with respect and consideration.

· Members act with integrity, objectivity and in good faith

· Each member has expertise, knowledge and resources they can contribute to achieve the purpose.

· Members that are representative of a group present the views of that group

Membership

The Reference Group comprises key stakeholder groups, Napier City Council staff and councillors and individuals with particular expertise.

Name	Organisation / other	Role
Mayor Kirsten Wise	Napier City Council	Governance
Deputy Mayor Annette Brosnan	Napier City Council	Governance
Councillor Graeme Taylor	Napier City Council	Governance
Antoinette Campbell	Napier City Council	Director Community Services Project Sponsor
Charles Ropitini	Napier City Council	Principal Māori Advisor Cultural Advisor
Drew Brown	Napier City Council	Project Manager
Natasha Mackie	Napier City Council	Manager Community Strategies Engagement
Jenny Andrews	Napier City Council	Administrator
Dorothy Pilkington	Heritage Hawke’s Bay	Trustee Expert Advisor / Key Stakeholder
John Purcell (TBC)	Napier RSA	President Key Stakeholder
Haami Hilton (TBC)	Napier RSA	Kaumatua Key Stakeholder
TBC	Taradale RSA	Key Stakeholder
TBC	Taradale RSA	Key Stakeholder
Craig Morley	Individual	Advisor
Individual Advisory (not part of group meetings)
Guy Natusch	Individual	Advisor (Architect)
Iain Bradley	Individual	Advisor (Military)

Role of members

· Provide knowledge and resources from their areas of expertise to guide the concept design

· Share relevant information that contributes to the concept design

· Liaise with the group they represent to ascertain their views unless delegated otherwise by their group.

Term

This group has been implemented to assist with the development of the concept design for the Napier War Memorial. Advice may be sought from members of the group during the development of the detailed design as appropriate.

Meetings

· Initiation and input meeting (late November 2019)

· Concept Design feedback meeting (late January 2020)

· Final Draft Concept Design presentation (mid February 2020)

· Final Concept Design presentation (early March 2020)

· Notes are taken at each meeting and distributed to all members

Communication Protocol

Media enquiries, media releases and statements about the Napier War Memorial will be completed by the Mayor with Council’s communications team.

Communication with represented groups will be completed by the group’s representative member.

Broad Project Steps

1.	Complete contract with designer	Mid November 2019
2.	Invite members to be part of reference group	Mid November 2019
3.	Reference Group Initiation Meeting	End November 2019
4.	Designer drafts initial concept design	By 16 December 2019
5.	Reference Group members consider the design and prepare feedback	Mid December to Mid January
6.	Reference Group Concept Design feedback meeting	Mid January 2020
7.	Designer incorporates feedback and completes Final Draft Design	Early February 2020
8.	Final Draft Design shared with RSA members	By Mid February 2020
9.	Final Concept Design presented to Reference Group	End February 2020
10.	Final Concept Design presented to Council (Seminar)	Early March 2020
11.	Council Decision on Concept Design	March 2020
12.	Share Concept Design with community	March 2020
13.	Detail Design development	From April 2020
14.	Construction

Ordinary Meeting of Council - 19 November 2019 - Open Agenda Item 7

7. Rating Outturn Surplus 2018/19

Type of Report:	Legal and Operational
Legal Reference:	Local Government Act 2002
Document ID:	832928
Reporting Officer/s & Unit:	Caroline Thomson, Chief Financial Officer

7.1 Purpose of Report

To report on the Rating Account to 30 June 2019, and approve allocations from the Rating Surplus.

Officer’s Recommendation

That Council:

a. Approve allocating the 2018/19 net rating surplus of $263,065 directly for one-off items as noted:

Legal Costs 2019/20 $123,360

Council costs 2019/20 $50,000

Capital Reserve $89,705

Mayor’s Recommendation

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

7.2 Background Summary

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.

7.3 Issues

Rating Summary to 30 June 2019

Net Rating Surplus (after allowing for budgets to carry forward) is $263,065.

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.

7.4 Significance and Engagement

N/A

7.5 Implications

Financial

The balance of the Capital Reserve at 30 June 2019 was $1,114,614. A summary of the Capital Reserve showing commitments currently identified and approved against the reserve after the adjustments recommended in this report include:

Opening Balance of funds available	$1,114,614
Funds transferred from General Reserve No 1	$20,681
Revised balance	$1,135,295
2019/20
Coastal Hazards Strategy	$100,000
Other Commitments approved in previous years and not yet spent
Funds for 3^rd H B Hockey turf	$500,000
Water Initiatives	$125,000
Sustainability Initiatives	$200,000
3 waters Review	$100,000
Total Commitments	$1,225,000
Capital Reserve Balance after commitments (and prior to any allocation out of 2018/19 surplus)	-$89,705

Options available to Council for the rating surplus 2018/19:

A. Transfer the 2018/19 rating surplus of $263,065 to the Capital reserve account for future allocation or

B. Transfer the 2018/19 rating surplus of $263,065 to the Capital reserve account and allocate to the following one off unbudgeted items for 2019/20:

Unplanned legal costs incurred 2019/20 (part funding)	$123,360
Council related costs for 2019/20	$50,000
Offset existing commitments against the capital Reserve Account (this will clear the current reserve shortfall against current commitments as noted above)	$89,705

Social & Policy

N/A

Risk

N/A

7.6 Options

The options available to Council in relation to the year-end surplus are as follows:

a. Transfer the rating surplus of $263,065 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.

7.7 Development of Preferred Option

Transferring the surplus to the Capital Reserve for allocation is more transparent and consistent with recent practice. Option B. is the preferred option.

The preferred option for the reserve transfers and funding adjustments is for Council to approve the transfers and funding adjustments as recommended.

Unplanned legal costs incurred 2019/20 (part funding)	$123,360
Council related costs for 2019/20	$50,000
Existing commitments against the Capital Reserve Account (this will clear the current reserve shortfall against current commitments)	$89,705

7.8 Attachments

Nil

Ordinary Meeting of Council - 19 November 2019 - Open Agenda Item 8

8. Reserve Funding changes

Type of Report:	Legal and Operational
Legal Reference:	Local Government Act 2002
Document ID:	868179
Reporting Officer/s & Unit:	Adele Henderson, Director Corporate Services

8.1 Purpose of Report

To approve changes to Financial Reserves and reserve funding.

Officer’s Recommendation

That Council:

a. Approve the transfer of rates funds of $7,410,078, previously transferred into the Financial Contributions Reserve, back into the Subdivision and Urban Growth Fund.

b. Transfer the General Reserve No 1 remaining reserve balance of $20,681 as at 30 June 2019 to the Capital Reserve Account.

c. Approve a change in funding, for the following existing projects to now be funded from the Subdivision and Urban Growth Fund

i. District Plan Review ($1.2m total)

ii. Asset Management Transformation Project ($225,000 2019/20 and $1.5m in total)

iii. Te Awa Development Investigation ($255,500 2019/20)

d. Approve a change in funding, the following existing projects to now be funded from the Solid Waste Disposal Income Account.

i. Smoothing impact of Kerbside recycling in 2019/20 and 2020/21 ($1.3m)

Mayor’s Recommendation

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

8.2 Background Summary

As defined in the Local Government Act 2002, a reserve fund means money set aside by a local authority for a specific purpose, in accordance with clause 31 of Schedule 10 of the Local Government Act 2002.

Councils Reserve Funds are classified into three categories

· Council Created Reserves – created by Council for specific purposes

· Restricted Reserves – where there are legal obligations which restrict the use of the funds

· Bequest and Trust Funds – amounts received from bequests, donations or funds held on behalf of a community organisation

8.3 Issues

Reserve Funds

Officers have been working to review the history and use of various Council reserve funds. Part of this review has identified that funds should be moved between funds to more accurately reflect the nature and purpose for which funds are held in reserves.

General Reserve No 1

This was created to fund costs associated to former NZ Rail Land in the city where loans were raised to fund associated infrastructure to support development. As at 30 June 2019 there were sufficient funds in the reserve to repay the outstanding loans so additional loan principal of $442,094 was repaid as at 30 June 2019. Following the repayment of the debt the remaining balance of this reserve of $20,681 can be transferred to the Capital Reserve.

Financial Contributions Reserve Fund

LGA Section 106 enables Napier City Council to require development or financial contributions from developers to help fund the cost of new or expanded infrastructure and services, which are required to meet the additional demand created by growth.

Financial Contributions are applicable to lots and units for residential purposes and they are also applicable to construction and/or development of lots and units for commercial and/or industrial purposes.

The Financial and Development Contribution charges are adjusted annually on 1 July in accordance with the provisions of Sections 106(2B) and 106(2C) of the LGA, based on the Statistics NZ Producers’ Price Index outputs for construction (PPI).

Council is required to have a policy on Development Contributions and/or Financial Contributions as a component of its Funding and Financial Policies. Section 106 of the LGA details the specific matters to be covered in any Development Contributions or Financial Contributions Policy.

The current policy states that Council considers, at this stage, that it will rely on the financial contributions specified in the City of Napier District Plan prepared under the Resource Management Act 1991 (RMA) mainly for residential development, as this has been subject to considerable community consultation and is well accepted by the community. Residential activity for the purposes of this policy means the development of land and buildings (including accessory buildings such as garages, carports and storage sheds) primarily for the use of a household (whether any person is subject to care, supervision or not).

The policy states that Council requires Development Contributions under Section 198 of the Act for Commercial and Industrial activities throughout the City. Council is also able to charge Financial Contributions for Commercial and Industrial Activities using the provisions in the District Plan instead of development contributions under S198.

Commercial activity for the purposes of this policy means development of land and buildings primarily to be used for the display, offering, provision, sale or hire of goods, equipment or service and includes retailing, travellers’ accommodation, day care centres, off-licence premises, wholesale liquor outlets, offices, shops, medical clinics/hospitals, churches, residential care facilities, educational facilities and retirement complexes but does not include activities specifically excluded under the LGA. Industrial activity for the purposes of this policy means development of land and buildings primarily to be used for manufacturing, assembling, testing, fabricating, processing, packing or associated storage of goods and the servicing and repair of goods and vehicles and includes service stations, transport depots warehouses, factories, network utility operations and unsealed yards.

This Financial and Development Contribution policy sets out the development and financial contributions payable, specifies how and when they are to be calculated and paid, and summarises the methodology and rationale used in calculating the level of contributions.

Any Development Contributions charged under this policy are distinct from and in addition to the provisions in the District Plan that provide Council with the discretion to require financial contributions under the RMA 1991.

Funding Transfer recommendation

Over the years Council had a practice of making payments into the Financial Contributions Reserve. These were made out of rates transferred into the Urban & Suburban Growth Fund.

The total amounts of rates transferred into the Financial Contributions Account were $7,408,013. As these funds were collected for a rates contribution, Council is able to determine the use of rates funds.

To ensure we have a clear separation between council funds from rates, and the actual financial contributions received on development, we recommend that the rates funds of $7,408,013 are transferred back into the Subdivision and Urban Growth Fund where future decisions can be made on the use of these funds at Councils discretion.

Subdivision and Urban Growth Fund

Prior to the 2018/28 LTP Council had a practice of transferring rates funds into this reserve each year representing new rates collected as a result of subdivisions. These funds were then used to provide an offset against rates as well as funding the costs of servicing growth related debt. Some funds were also periodically transferred into the Financial Contributions Reserve.

In the 2018/28 LTP the practice of flowing funds through this reserve was discontinued with all rates reflected in the consolidated view. This left a remaining balance of $2.6m in this reserve. With the rates funds, previously transferred into the financial contributions reserve, to be transferred back to this reserve this can now be the source of funding for projects linked to growth. This will bring the total Subdivision and Urban Growth Fund reserve once approved changes have been made to $10m

The approved reserve funded costs for projects linked to growth, such as the District Plan Review ($1.2m), Asset Management Transformation Project ($225,000 in 2019/20, with a total cost of $1.5m) and Te Awa Development Investigation ($255,500) can then be funded from the Subdivision and Urban Growth Fund.

Solid Waste Disposal Income Account

Council has a substantial reserve which has been built up from the NCC share of distributions from the Joint Landfill facility. This fund provides a source of funds to meet Council’s share of capital expenditure at the landfill. A review has identified that the current balance of $6.7m is more than is needed for Landfill related capital at this stage. This fund was identified as the source of funding for the new recycling bins. This reserve fund can also be used to assist with funding the introduction of the new “wheelie bin” refuse collection service.

In addition, previously Council has approved the allocation of reserve funds to assist with smoothing the impact of the new Kerbside recycling service. This required $520k in 2018/19, $700k in 2020/21 and $600k in 2021/22. The 2018/19 allocation was funded from the Capital Reserve however this reserve does not have sufficient funds to cover the 2019/20 and 2020/21 funding allocations. These costs can be funded from the Solid waste Disposal income account as there will not be sufficient funds in the capital reserve to cover these reserve allocations. In addition it is recommended that the purchase of new bins required for the new waste contract are funded from this reserve.

Changes to Source of Funding for projects

The following, reserve funded projects, projects can now, more appropriately be funded from the Subdivision and Urban Growth Fund:-

· District Plan Review

· Asset Management Transformation Project

· Te Awa Development Investigation

The following projects can now, more appropriately, be funded from the Solid Waste Disposal income Account:-

· Funds for smoothing cost of Kerbside Recycling Service

8.4 Significance and Engagement

N/A

8.5 Implications

Financial

N/A

Social & Policy

The above changes to the reserve balance does not impact on the Financial and Development Contribution Policy itself

Risk

N/A

8.6 Options

The options available to Council are as follows:

A – Approve the following changes/movements to Reserve funds

a. Approve the transfer of rates funds of $7,410,078, previously transferred into the Financial Contributions Reserve, back into the Subdivision and Urban Growth Fund.

b. Approve to transfer the General Reserve No 1 remaining reserve balance of $20,681 as at 30 June 2019 to the Capital Reserve Account.

c. Approve a change in funding, for the following existing projects to now be funded from the Subdivision and Urban Growth Reserve

a. District Plan Review ($1.2m total)

b. Asset Management Transformation Project ($225,000 2019/20 and $1.5m in total)

c. Te Awa Development Investigation ($255,500 2019/20)

d. Approve a change in funding, the following existing projects to now be funded from the Solid Waste Disposal Income Account.

a. Smoothing impact of Kerbside recycling in 2019/20 and 2020/21 ($1.3m)

B – Amend proposed changes/movements to Reserve Funds

C – Not approve changes to Reserve Funds

8.7 Development of Preferred Option

A – Approve the following changes/movements to Reserve funds

8.8 Attachments

Nil

Ordinary Meeting of Council - 19 November 2019 - Open Agenda Item 2

2. Documents Signed Under Delegated Authority

Type of Report:	Information
Legal Reference:	N/A
Document ID:	867332
Reporting Officer/s & Unit:	Debbie Beamish, Executive Assistant to the Chief Executive

2.1 Purpose of Report

To report of Documents Executed Under Seal for the period 21 August 2019 – 5 November 2019.

Officer’s Recommendation

That Council:

a) Receive the Report of Documents Executed under Seal for the period 21 August 2019 – 5 November 2019.

Mayor’s Recommendation

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

Schedule of Documents Executed under Seal

For the period 21 August – 5 November 2019

Date	Document
22.08.2019	Easement in Gross – 26 Higgins Street, Napier
22.08.2019	Sewage Easement in Gross – 7 Blenheim Place, Napier
26.08.2019	Licence to Occupy 705 Meeanee Quay
26.08.2019	Licence to Occupy 703 Meeanee Quay
29.08.2019	Land Covenant – Parklands Stage 5 Subdivision
04.09.2019	Easement in Gross 49 Tom Parker Avenue
04.09.2019	Easement in Gross Sewage Easement 3 Terrace Lane, Hospital Hill
09.09.2019	Deed of Assignment & Variation of Lease, Cnr Douglas McLean Ave & Alpers Terrace
12.09.2019	Variation of Easement 40A Roslyn Road, Napier
12.09.2019	Easement in Gross and Partial Cancellation of Easement in Gross 16 Wycliffe Street, Napier
26.09.2019	Reverse Sensitivity Covenant Waverley Road Gospel Hall
03.10.2019	Covenant in Gross, Lot 2, DP 464182, Record of Title 860276
05.11.2019	Easement in Gross – 31 Maadi Road, Napier
05.11.2019	Easement in Gross – Te Awa Fields Subdivision
05.11.2019	Surrender of Easement in Gross – Te Awa Fields
05.11.2019	Surrender of Easement in Gross – Te Awa Fields
05.11.2019	Surrender of Easement in Gross – Te Awa Fields
05.11.2019	Surrender of Fencing Covenant – Te Awa Fields
05.11.2019	Surrender of Fencing Covenant – Te Awa Fields
05.11.2019	Easement in Gross – Te Awa Fields
05.11.2019	Fencing Covenant – Te Awa Fields

2.2 Attachments

Nil

Ordinary Meeting of Council - 19 November 2019 - Attachments

Item 3

Attachments a

Resource Consents (Subdivision & Land Use) Issued between 20 August 2019 – 8 November 2019

Consent Number	Site Location	Applicant	Proposal	Activity Status	Decision Date
RMS19071	141 Waverley Rd	M & N Clements	Subdivide site to create an additional lot (two in total) in the Main Rural zone	Non-complying	21 August 2019
RM190102	120 Milton Rd	Oniram Investments Ltd	Build a two storey dwelling including integral granny flat with front yard and height in relation to boundary infringements in the Napier Hill Character zone	Restricted Discretionary	26 August 2019
RM190104	198 Church Rd	Marist Holdings (Greenmeadows) Ltd	Alterations to winery including extension to restaurant – winter garden, chapel toilets and cellar door wine storage area in the Mission Special Character zone	Restricted Discretionary	27 August 2019
RMS19074	225 Waverley Rd	Napier Gospel Hall Trust	Main Rural zone subdivision to create one additional undersized lot (two in total) with associated NES component	Non-complying	28 August 2019
RM190050	103 Waghorne St	CP Goodall	Remove an existing dwelling and replace with a new dwelling within the Hardinge Road Residential zone/Character Area resulting in a height infringement	Discretionary	August 2019
RM190108	511 Main North Rd	Crab Farm Winery Ltd	Extend the liquor license area for winery in the Main Rural zone	Discretionary	29 August 2019
RM190091	54 Ford Rd	Vetro Trading Company Ltd	Relocate, establish and operate an existing wholesale business in the Main Industrial zone	Discretionary	29 August 2019
RM190105	3, 5, 7, 9, 17, 19, 21, 23, 25 & 27 Arrow Pl	Kenny Road North LLC	Construct new dwellings and fencing closer than the 6m required minimum distance from the open drain adjacent the rear of the properties in the Main Residential zone	Restricted Discretionary	29 August 2019
RM190101	1A Milton Rd	S & Y Winchester	Construction of a new residential dwelling with yard, height in relation to boundary and open space infringements in the Napier Hill Character zone	Restricted Discretionary	29 August 2019
RM190075	26 Waitangi Rd & 3 Bowen St	Frances Holdings Ltd	Demolition of existing warehouse and construction of a new bitumen plant building, a new warehouse/lab building and associated earthworks upon a HAIL site and in an area of significance to Maori (Group 4 heritage item)	Restricted Discretionary	3 September 2019
RMS19072	11 Buchanan St	Growth Project Ltd	Subdivide site to create two additional lots (three in total) in the Rural Settlement zone	Controlled	5 September 2019
RMS19075	20, 20A & 20B Corbett Pl	Sharpeshot Ltd	Main Residential zone subdivision creating two additional lots (three in total) around three existing dwellings	Controlled	5 September 2019
RMS19078	43 & 43A Tait Dr	C & Y Arquette	Main Residential zone subdivision creating one additional lot (two in total) and providing fee simple subdivision around two existing dwellings	Controlled	6 September 2019
RMS19076	74 Menin Rd	M Gregory & S Jardine	Main Residential zone subdivision to create one additional lot (two in total) with NES (soils) implication	Restricted Discretionary	10 September 2019
RMS19077	21A Peddie St	ND Dowler	Main Residential zone subdivision creating one additional lot (two in total)	Controlled	10 September 2019
RMS19080	52 Bedford Rd	LP & BJ Deverell Partnership	Main Residential zone subdivision to create one additional lot (two in total)	Controlled	12 September 2019
PB190005	6 Thurley Pl	B & B Timmins	Addition to an existing dwelling (covered upper story deck) within the Rural Settlement zone resulting in a height infringement	Deemed Permitted Boundary Activity	12 September 2019
RMS19081	97 & 97A Avondale Rd	C & L Vaudrey	Amendment to cross lease to include a sleep-out in the Main Residential zone	Amendment to cross lease	17 September 2019
RMS19082	5 Savage Cres	Vlad Investment Ltd	Main Residential zone subdivision to create one additional lot (two in total)	Controlled	18 September 2019
RM190118	76 Basil Rd	M & L Bull	Main Rural multi-unit development entailing constructing a new dwelling and retaining the existing dwelling on a temporary basis until the new dwelling is complete	Non-complying	18 September 2019
RMS19083	12 Savage Cres	Vlad Investment Ltd	Main Residential zone subdivision to create one additional lot (two in total)	Controlled	18 September 2019
RM190120	112 King Rd	SC Masters	Construct a shed within the Main Rural zone and located within the 7.5m front yard	Restricted Discretionary	18 September 2019
RMS19079	1/13 & 2/13 Thorn Pl	A Prescott	Main Industrial zone subdivision to create one additional lot (two in total)	Restricted Discretionary	18 September 2019
RM190107	38 Leyland St	Onekawa Holdings Ltd	Main Industrial zone multi-unit development encompassing a total of two commercial/industrial/office units with infringements in relation to yards and landscaping	Controlled	19 September 2019
RMS19084	19 & 20 The Esplanade	Athena Properties Ltd & A & V Skepetaris	Boundary adjustment between two lots in the Northern Residential zone (no new lots created)	Controlled	19 September 2019
RM190121	18 Arrow Pl	DR Start	Construct a dwelling with site coverage and set-back infringements in the Main Residential zone	Restricted Discretionary	20 September 2019
RMS17062A	5 & 7 Waitangi Rd	Awatoto Development Ltd	Section 127 variation to approved resource consent RMS17062 allowing a reconfigured lot layout, reduce number of industrial lots, establish two rights of way, reduce size of stormwater attenuation system, establish private sewer system and alter time of when private connections can be made	Variation/Discretionary	25 September 2019
RMS18020A	138 Eriksen Rd & 57A Squire Dr	Te Awa Land Development Company Ltd	Section 127 variation to amend condition 43 of approved resource consent RMS18020 to allow amalgamation of Lot 81 with proposed Lot 31	Discretionary	3 October 2019
RMS19087	98 Waverley Rd	C Dowling	Main Rural zone subdivision to create one additional lot (two in total)	Non-complying	7 October 2019
RM190119	24A Hastings St	Empara Properties Ltd	Multi-unit development encompassing internal and external alterations to a group 1 Heritage building (Parkers Chambers) for the purpose of establishing two residential units	Discretionary	8 October 2019
RM190127	18 Manapouri St	JW Roberts	Build a new dwelling with a garage within the 5m front yard in the Main Residential zone	Restricted Discretionary	9 October 2019
RMS19070	150 Guppy Rd	Classic Developments Guppy Ltd	Subdivide site into 62 residential lots and undertake earthworks in the Main Residential zone	Controlled	9 October 2019
RMS19086	34 Anzac Ave	Brekat Property Ltd	Main Residential zone subdivision to create one additional lot (two in total)	Controlled	10 October 2019
RMS19085	100 King St	MW Jackson	Main Residential zone subdivision to create two additional lots (three in total)	Controlled	10 October 2019
RM190125	60 Simla Tce	S Stewart & R Irvine	Additions and alterations to an existing dwelling located within the Napier Hill Character zone which infringes District Plan height in relation to boundary, open space, front and side yards and vehicle standing space provisions	Restricted Discretionary	11 October 2019
RMS19089	14 Henderson Cres	A & D Johnson	Main Residential zone subdivision to create an additional lot (two in total)	Controlled	15 October 2019
RM9190131	15 Lever St	M Baylis	Demolish one existing classroom and extend two existing teaching blocks	Outline Plan	16 October 2019
RM190126	62 Tait Dr	The Order of St John Central Region Trust Board	Additions and alterations to the existing St John ambulance station in the Main Residential zone	Restricted Discretionary	17 October 2019
RMS19090	91 Avondale Rd	Jeremy Yates Construction Ltd	Subdivide the site into three separate lots around an existing dwelling which results in the existing dwelling infringing the 1m side yard rule and a multi-unit consent in the Main Residential zone	Restricted Discretionary	18 October 2019
RMS19092	54 56 Silverton Rd	TKJ Upritchard	Boundary adjustment between two lots in the Rural Residential zone	Controlled	22 October 2019
RMS19091	51 Battery Rd	M McCormick	Battery Road Character Area subdivision to create an additional lot (two in total), the proposed new dwelling on the new lot will infringe yard and landscaped area requirements	Subdivision – Restricted Discretionary Land Use – Discretionary	24 October 2019
RM190109	Fitzroy Rd	Two Degrees Networks Ltd	S139 Certificate of Compliance application for the establishment, operation and maintenance of a 2degrees telecommunication facility in the Napier Hill Character zone	Certificate of Compliance	24 October 2019

Ordinary Meeting of Council - 19 November 2019 - Open Agenda

Extraordinary Meeting of Council

Open Minutes

Meeting Date:

Monday 4 November 2019

Time:

5.30pm – 6.02pm

Venue

The Chapel

Mission Estate
198 Church Road
Poraiti
Napier

Present

Mayor Wise (In the Chair), Deputy Mayor Brosnan, Councillors Boag, Browne, Chrystal, Crown, Mawson, McGrath, Price, Simpson, Tapine, Taylor, Wright

In Attendance

Chief Executive, Director Corporate Services, Director Community Services, Director City Services, Director City Strategy, Manager People and Capability, Manager Communications and Marketing, Pou Ārahi

City dignitaries and guests of the incoming Council

Administration

Governance Team

Procession of Mayor-Elect and Councillors-Elect

The ceremony opened at 5.30pm with the arrival of the incoming Council.

Karakia

The incoming Council, dignitaries, guests and public were welcomed and blessed in a karakia by Council’s Pou Ārahi.

Welcome – Chief Executive

The Chief Executive welcomed attendees to the inaugural meeting of the new Council, and briefly touched on areas of particular importance that the Council will be addressing over the next three years. He noted the strong level of engagement of the Napier community in the recent election, with over 50% of electors voting.

Declaration of the Mayor Elect

As required by the Local Government Act 2002 schedule 7 (14) and (21)(5)(a), the Mayor-Elect will made her oral declaration and attested their written declaration witnessed by the Chief Executive.

Her Worship the Mayor Kirsten Wise was then presented with the chains of office.

Declarations of the Councillors Elect

As required by the Local Government Act 2002 schedule 7 (14) and (21)(5)(a), the Councillors-Elect made their oral declarations in turn and attested their written declarations witnessed by the Mayor.

Each Councillor was presented with the medallion of their office, and took their place at the Council table in preparation for the Inaugural business of Council.

Triennial Business of Council

The Mayor opened the business of the Triennial meeting at 5.53pm, with the Napier City Council prayer.

Mayor’s Inaugural Speech

The Mayor spoke briefly, welcoming attendees and thanking them. She touched on her positive experiences meeting and connecting with the community over her campaign, and thanked those who contributed to the fantastic voter turnout from Napier. She affirmed the anticipation of an exciting three years to come, and that the community is the reason Council exists and will remain at the heart of everything Council does.

The meeting then moved into the items of business proscribed under the Local Government Act 2002.

Agenda Items

1. Legislation Affecting Elected Members - General Explanation

Type of Report:	Legal and Operational
Legal Reference:	Local Government Act 2002
Document ID:	837619
Reporting Officer/s & Unit:	Devorah Nícuarta-Smith, Team Leader Governance

1.1 Purpose of Report

To provide elected members with a general explanation of laws affecting members as per Schedule 7(21) Local Government Act 2002.

At the Meeting

There was no discussion on this item.

Council resolution

Councillors Brosnan / Price

That Council:

a. Particularly note the provisions and requirements outlined by:

i. Local Government Official Information and Meetings Act 1987

ii. Local Authorities (Members’ Interests) Act 1968

iii. Crimes Act 1961 sections 99, 105 and 105a

iv. Secret Commissions Act 1910

v. Financial Markets Conduct Act 2013

As per Schedule 7(21) Local Government Act 2002

b. Note the obligations of the Privacy Act 1993 and Health and Safety at Work Act 2015

c. Note the further national and local legislation affecting the activities of Napier City Council, a list of which is provided to members so they may familiarise themselves as required

Carried

2. Fixing of the Date and Time of the First Ordinary Meeting of Council

Type of Report:	Legal and Operational
Legal Reference:	Local Government Act 2002
Document ID:	837620
Reporting Officer/s & Unit:	Devorah Nícuarta-Smith, Team Leader Governance

2.1 Purpose of Report

To fix the date and time of the first Ordinary (business) meeting of Council as required under Schedule 7(21)(d) of the Local Government Act 2002.

At the Meeting

Cr Mawson gave apologies for 19 November 2019.

Council resolution

Councillors Wright / Tapine

That Council:

a. Authorise the Chief Executive to call the first Ordinary meeting of Council for 1pm, Tuesday 19 November 2019

Carried

3. Voting System for Confirming Roles and Responsibilities

Type of Report:	Legal and Operational
Legal Reference:	Local Government Act 2002
Document ID:	858490
Reporting Officer/s & Unit:	Devorah Nícuarta-Smith, Team Leader Governance

3.1 Purpose of Report

To adopt the voting system Council will use in relation to the election or appointments of the Deputy Mayor, Chairpersons and Deputy Chairpersons of any committees, and representatives of Council on other bodies.

At the Meeting

There was no discussion on this item.

Council resolution

Councillors Crown / Browne

That Council:

a. Adopt Voting System B as outlined in the Local Government Act 2002 schedule 7 clause 25(4), and as required under schedule 7 clause 25 (1) and (2), for use in relation to the election or appointments of the Deputy Mayor, Chairpersons and Deputy Chairpersons of any committees, and representatives of Council on other bodies.

i. Voting System B:

a. requires that a person is elected or appointed if he or she receives more votes than any other candidate; and

b. has the following characteristics:

(i) there is only 1 round of voting; and

(ii) if 2 or more candidates tie for the most votes, the tie is resolved by lot.

Carried

4. Appointment of Deputy Mayor

Type of Report:	Legal and Operational
Legal Reference:	Local Government Act 2002
Document ID:	839535
Reporting Officer/s & Unit:	Devorah Nícuarta-Smith, Team Leader Governance

4.1 Purpose of Report

To present the Mayor’s preferred appointment for Deputy Mayor as per section 41A of the Local Government Act 2002, for consideration by Council as per schedule 7 clauses 17 and 21 of the Local Government Act 2002.

At the Meeting

Cr Boag noted that over her previous tenure as councillor, Cr Brosnan had shown herself as articulate, skilled and hardworking and it was believed she would make an excellent Deputy mayor.

Council resolution

by Voting System B

LGA 2002 schedule 7 clause 25

Voting System B

That Council:

a. Endorse the appointment of Councillor Annette Brosnan as Deputy Mayor, as per section 41A and schedule 7 clauses 17 and 21 of the Local Government Act 2002

As the preferred appointee, Cr Brosnan did not participate in the vote

Carried

The meeting closed at 6.02pm

Dignitaries and invited guests joined the new Council in a celebration of the occasion.

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

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

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

Council Members	Mayor Wise, Deputy Mayor Brosnan, Councillors Boag, Browne, Chrystal, Crown, Mawson, McGrath, Price, Simpson, Tapine, Taylor, Wright
Officer Responsible	Chief Executive
Administrator	Governance Team
	Next Council Meeting To be confirmed at this meeting

Meeting Date:	Tuesday 19 November 2019
Time:	1.00pm
Venue:	Council Chambers Hawke's Bay Regional Council 159 Dalton Street Napier