Ordinary Meeting of Council

Open Agenda

 

Meeting Date:

Thursday 30 January 2020

Time:

10.00am

Venue:

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

 

 

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

Thursday 12 March 2020

 

 


Ordinary Meeting of Council - 30 January 2020 - Open Agenda

ORDER OF BUSINESS

Apologies

Nil

Conflicts of interest

Public forum

Napier City Business Inc

Taradale Bridge Club

Announcements by the Mayor including any discussion of minor matters not on the agenda

Note: re minor matters only - refer LGOIMA s46A(7A) and Standing Orders s9.13

A meeting may discuss an item that is not on the agenda only if it is a minor matter relating to the general business of the meeting and the Chairperson explains at the beginning of the public part of the meeting that the item will be discussed. However, the meeting may not make a resolution, decision or recommendation about the item, except to refer it to a subsequent meeting for further discussion.

Announcements by the management

Confirmation of minutes

That the Draft Minutes of the Ordinary Meeting of Council held on Thursday, 19 December 2019 be confirmed as a true and accurate record of the meeting.......................................................................... 193

 

Agenda items

1      2019-2022 Triennial Agreement - draft for feedback........................................................ 3

2      2019-2022 Standing Orders.......................................................................................... 21

3      2019-2022 Elected Members' Code of Conduct.......................................................... 101

4      Napier City Flag.......................................................................................................... 121

5      Emblem and Ensign Policy......................................................................................... 126

6      Revenue and Financing Policy Review....................................................................... 135

7      Napier City Business Inc Funding Consultation........................................................... 155

8      Actions From Previous Meetings................................................................................. 182   

Reports under delegated authority

1      Tenders Let................................................................................................................ 185

2      Documents Executed Under Seal............................................................................... 186

3      Resource Consents.................................................................................................... 187

Public excluded ........................................................................................................... 191

 


Ordinary Meeting of Council - 30 January 2020 - Open Agenda                                                                                                               Item 1

Agenda Items

 

1.    2019-2022 Triennial Agreement - draft for feedback

Type of Report:

Legal and Operational

Legal Reference:

Local Government Act 2002

Document ID:

885187

Reporting Officer/s & Unit:

Devorah Nícuarta-Smith, Team Leader Governance

 

1.1   Purpose of Report

To receive the draft 2019-2022 Triennial Agreement for adoption and provide feedback to the coordinating Council (Regional Council), so that a final version can be provided to Council for adoption

 

Officer’s Recommendation

That Council:

a.     Adopt the draft 2019-2022 Triennial Agreement and provide feedback where necessary. 

 

 

Mayor’s Recommendation

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

1.2   Background Summary

Section 15 of the Local Government Act 2002 requires that all local authorities in a region must enter into an agreement by 1 March following a triennial election, which includes:

·    protocols for communication and co-ordination among the local authorities

·    a statement as to how the local authorities will comply with section 16 of the Local Government Act regarding proposals for new regional council activities (as these would potentially impact on all signatories), and

·    processes and protocols through which all the local authorities can participate in identifying, delivering, and funding facilities and services of significance to more than one district.

For Hawke’s Bay this Triennial Agreement must be considered, adopted and signed by the following councils:

Primary Parties

(those local authorities whose boundaries are completely encompassed within the Hawke's Bay Region)

·    Central Hawke's Bay District Council

·    Hastings District Council

·    Hawke's Bay Regional Council

·    Napier City Council

·    Wairoa District Council

 

Non-Primary Parties

(those local authorities whose boundaries bisect the Hawke's Bay Region and whose principal identification is with another Region)

·    Rangitikei District Council

·    Taupo District Council

It is recognised that for Non-Primary Parties the degree of involvement in various aspects of the Agreement will be in proportion to the degree to which these parties assess how they will benefit or be affected by decisions, issues, proposals or other matters.

1.3   Issues

The Triennial Agreement has been reviewed by the senior leadership of the various party Councils to ensure that it accurately reflects and places appropriate emphasis on the regional priorities for the 2019-2022 triennium.

Hastings District Council and Central Hawke’s Bay District Council have adopted the proposed agreement, and the further party councils are completing this process, however will be provided with an updated version subject to the other Councils input.

1.4   Significance and Engagement

Triennial Agreements are guided by the Local Government Act 2002 and do not trigger Council’s Significance and Engagement Policy or any other public consultation requirements.

The various party councils have reviewed and commented on the proposed Agreement.

1.5   Implications

Financial

The Agreement outlines where shared services do or may occur, and these may have financial implications over the triennium which have been or will be negotiated amongst the party councils.

Social & Policy

Where a Council makes a decision which departs from anything agreed through this process, that Council must advise the other parties of the decision and reason for the departure.

Risk

N/A

1.6   Options

Council, along with its neighbouring councils, must adopt a Triennial Agreement outlining the information required under section 15 of the Local Government Act 2022 by 1 March 2020.  This is an opportunity for Council to provide feedback into the final version for adoption

1.7   Development of Preferred Option

The Triennial Agreement has been reviewed and no substantive changes are proposed. As Hastings District Council and Central Hawke’s Bay District Council have adopted the draft, it is recommended that Council also adopt the draft 2019-2022 Triennial Agreement. 

 

1.8   Attachments

a     2019-2022 Triennial Agreement - draft for adoption   


Ordinary Meeting of Council - 30 January 2020 - Attachments

 

Item 1

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Ordinary Meeting of Council - 30 January 2020 - Open Agenda                                                                                                               Item 2

2.    2019-2022 Standing Orders

Type of Report:

Legal and Operational

Legal Reference:

Local Government Act 2002; Local Government Official Information and Meetings Act 1987

Document ID:

885125

Reporting Officer/s & Unit:

Devorah Nícuarta-Smith, Team Leader Governance

 

2.1   Purpose of Report

To present the 2019-2022 Standing Orders for adoption.

 

Officer’s Recommendation

That Council:

a.     Confirm its position with regard to Standing Order 19.3 Casting Vote

b.     Adopt the 2019-2022 Standing Orders, noting the following departures from the 2019 Local Government New Zealand model template:

i.      Standing Order 9.10:

The chief executive must send the agenda to every member of a meeting at least seven clear working days before the day of the meeting, except in the case of a Hearing of a Tender (for which an agenda must be circulated to the panel at least two clear working days in advance), an extraordinary meeting or an emergency meeting (see Standing Orders 8.4 and 8.10).

ii.     Standing Order 15.1:

A period of up to 45 minutes, or such longer time as the meeting may determine, will be available for the public forum at each scheduled local authority meeting….

Speakers can speak for up to 10 minutes, with a further 5 minutes allowed for questions from elected members.  No more than two speakers can speak on behalf of an organisation during a public forum. Where the number of speakers presenting in the public forum exceeds 3 in total, the Chairperson has discretion to restrict the speaking time permitted for all presenters.

iii.     Standing Order 16.1:

Speakers can speak for up to 10 minutes…

iv.    Standing Order 19.6:

When a division is called, the chief executive (or their delegate) must record the names of the members voting for and against the motion and abstentions and provide the names to the Chairperson to declare the result…

v.     Standing Order 19.6:

Where a member or members have abstained or voted against a carried motion, the vote(s) or abstention will be immediately recorded for the accuracy of the record…

 

 

vi.    Standing Order 22.1

… Option C applies unless, on the recommendation of the chairperson at the beginning of a meeting, the meeting resolves [by simple majority] to adopt either Option A or Option B for the meeting generally, or for any specified items on the agenda.

 

 

Mayor’s Recommendation

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

2.2   Background Summary

Clause 27 of schedule 7, Local Government Act 2002 (October 2019 reprint) requires that a local authority adopt a set of Standing Orders for the conduct of its meetings and those of its committees.

Any amendment or adoption of new Standing Orders requires support from 75% or more of the members present when voting.

As all local authorities (councils) must adopt a set of Standing Orders, and the contents are often similar, in recent years Local Government New Zealand (LGNZ) have developed a model template which councils may use in part, in full or as a ‘jumping off point’ of things to consider when drafting their own.  Most councils either adopt the model template as a whole or make some adjustments to reflect their specific needs.

Following review of the 2019 LGNZ model template, it is proposed that it be adopted with a number of adjustments made for Napier City Council, which are outlined below. As the selection of whether to use a casting vote or not may be less clear cut, this point is covered specifically in “Issues” below for consideration by Council.

 

Proposed Changes to Standing Orders 2019 Model Template for Napier City Council

·     Standing Order 9.10:

The chief executive must send the agenda to every member of a meeting at least seven clear working days before the day of the meeting, except in the case of a Hearing of a Tender (for which an agenda must be circulated to the panel at least two clear working days in advance), an extraordinary meeting or an emergency meeting (see Standing Orders 8.4 and 8.10).

What’s changed?

The template reflects the minimum legislative time frame for agendas circulation for ordinary meetings (two clear working days) – this has been extended to seven clear working days for Napier City Council, except in the instance of agendas for hearing of tenders which due to their nature require a shorter turnaround time.

 

·     Standing Orders 15.1 and 16.1:

15.1

A period of up to 45 minutes, or such longer time as the meeting may determine, will be available for the public forum at each scheduled local authority meeting….

Speakers can speak for up to 10 minutes, with a further 5 minutes allowed for questions from elected members.  No more than two speakers can speak on behalf of an organisation during a public forum. Where the number of speakers presenting in the public forum exceeds 3 in total, the Chairperson has discretion to restrict the speaking time permitted for all presenters.

 

16.1

Speakers can speak for up to 10 minutes…

What’s changed?

The template provides for a default period of up to 30 minutes for public forum, and for 5 minutes per speaker which traditionally has included questions. The total number of speakers before any time restrictions may be required was therefore 6.

Deputation speakers have also been provided with 10 minutes in line with general public forum speakers.

 

·     Standing Order 19.6:

When a division is called, the chief executive (or their delegate) must record the names of the members voting for and against the motion and abstentions and provide the names to the Chairperson to declare the result…

What’s changed?

The template does not recognise that often a delegate of the chief executive records the results of a division; the update reflects actual practice where the count is usually undertaken by the Governance representative at a meeting.

 

·     Standing Order 19.6:

Where a member or members have abstained or voted against a carried motion, the vote(s) or abstention will be immediately recorded for the accuracy of the record…

What’s changed?

The template setting notes that members will be asked if they wish their vote against (or abstaining from) a motion be recorded; where it is not recorded it leaves an inaccurate historical record where a decision may appear to have been unanimous when it was not. 

 

·     Standing Order 22.1

… Option C applies unless, on the recommendation of the chairperson at the beginning of a meeting, the meeting resolves [by simple majority] to adopt either Option A or Option B for the meeting generally, or for any specified items on the agenda.

What’s changed?

The template places Option A as the default. Option C is more informal and better meets the needs of Napier City Council.

 

2.3   Issues

Casting Vote

A casting vote is only a consideration where the number of voting members present at a meeting is even. For Napier this would mean one, three or five elected members were not present at a Council or Standing Committee meeting (any more, and the meeting would not be able to be held due to the lack of quorum). In essence, a second vote is provided to the presiding member of the meeting (usually the Chair or Deputy Chair) that they then use to break any tie in votes that would not have taken place with the presence of a further member of the council being at the meeting.

Clause 24, Schedule 7, Local Government Act 2002 states that the presiding member of a meeting does not have a casting vote unless the Local Government Act provides otherwise or the standing orders of the local authority expressly provide for one. The Local Government New Zealand (LGNZ) model template, which is updated triennially, does provide for a casting vote as its default position. Local Government New Zealand have advised that anecdotally about half, and probably closer to two-thirds or 66% of Councils do have a casting vote in place. A small proportion have a casting vote only available for certain types of decision (the example of adopting a Long Term Plan was used). The current Standing Orders for Napier City Council do allow for a casting vote.

Practically, there can be some difficulties in the absence of a casting vote, where a tie is reached and ‘status quo’ has been demonstrated as untenable; i.e. a specific and different position from the current state must be decided on for clear reasons, or where a clear decision is required to meet particular timeframes e.g. contractual obligations, meeting central government requirements, and so on. If Council adopts Standing Orders without a casting vote, or a casting vote only for particular decisions, there may be some other options it could also put in place to help ensure it does not create unintended consequences for future decisions.

One, which is already available and well-utilised by Council, is the proposal of an amendment to the existing recommendation. It should be noted that amendments cannot be a total structural change to a recommendation (if the recommendation is a picnic on Tuesday at 12noon, an amendment could be put forward to change the time to 1pm, but a change to dinner on Wednesday at 5pm would not be accepted). When used appropriately, an amendment may create a stronger level of support for the motion as a whole and no longer create a tied vote.

A second, which has also been used recently by Council, is to lay the matter on the table pending further information. This may create two immediate outcomes; firstly that clarity on the particular matter is increased and secondly the matter will be brought back to a future meeting where there may no longer be even number of members attending so a majority vote is achievable (noting that a majority vote of 1 is fully acceptable). It should be noted that this may not be appropriate where the decision is time bound.

A further option (which Council may wish to consider regardless of whether it maintains a casting vote or not) is that for certain decisions Council could set a majority required for a motion to be carried. There are already some decisions which the law requires this for – adopting Standing Orders being one (75% of the present members must be in support, or 10 of 13 if all are present). There may be some instances where Council feels that a higher majority than more than half of the members present is required, where a level of particular ‘significance’ is attributed to the decision. How this ‘significance’ is defined would need to be addressed by Council; some options might be that the decision is in relation to a major project as defined through the Long Term Plan, or has a certain budgetary impact. Council would also need to agree on the majority required to carry a motion (i.e. the % of present members). It is important to note that a majority is still of present members, so where a meeting has only its quorum the decision may be passed even with less than half of the total members in support.

With regards to the casting vote specifically, there are three options between which Council could select:

a. Standing Order 19.3 (2019 model template):

The Mayor, Chairperson or any other person presiding at a meeting has a deliberative vote and, in the case of an equality of votes, has a casting vote.

 

This is the setting used by most Councils. It reflects that it may not be unusual for a decision to be passed by a majority of one elected member in the ordinary course of decision making, and may be a pragmatic approach towards decision making. It could be combined with a higher majority requirement set by Council for particular decisions if this is seen as desirable. 

 

b. Standing Order 19.3 (LGA default)

The Mayor, Chairperson or any other person presiding at a meeting has a deliberative vote; and in the case of an equality of votes, does not have a casting vote (and therefore the act or question is defeated and the status quo is preserved).

 

This is the default setting of the Local Government Act in the absence of a specific setting in a council’s standing orders. There may be some challenges for particular decisions e.g. where the status quo is untenable, or a decision is required in a particular time frame not controlled by Council. If this is the option Council prefers, it is recommended that consideration be given as to how these types of issues may be addressed.

 

c. Standing Order 19.3 (set decisions)

The Mayor, Chairperson or any other person presiding at a meeting has a deliberative vote and, in the case of an equality of votes, where the decision is in relation to X [X to be set by Council], has a casting vote.

 

There is a small group of Councils that use a casting vote for particular decisions (LGNZ used adopting of the Long Term Plan as its example in discussion). Napier City could choose this option and set the particular instances where a casting vote may be used into its Standing Orders. Consideration would still need to be given to decisions that may not be covered by the pre-set position. Options such as a higher majority for certain decisions could also be considered alongside this option.

 

2.4   Significance and Engagement

The adoption of Standing Orders is guided by the Local Government Act 2002 and does not trigger Council’s Significance and Engagement Policy or any other consultation requirements.

 

2.5   Implications

Financial

N/A

Social & Policy

Standing Orders are a public document and provide important information for elected members, officers and the public on the preparation for and running of formal meetings.

Council may wish to explore further options in relation to Standing Orders, for example in relation to voting as touched on above. This does not preclude Council from adopting the attached version at this meeting; any further amendment may be brought to a future meeting for consideration and adoption if supported by 75% of the members present at that meeting.

Risk

N/A

 

2.6   Options

The options available to Council are as follows:

a.     To adopt the 2019 Local Government New Zealand model template with the listed adjustments to better meet the requirements of Napier City Council, and advise of a preferred option in relation to Standing Order 19.3 (Casting Vote) 

b.     To adopt the 2019 Local Government New Zealand model template with the listed adjustments to better meet the requirements of Napier City Council, advise of an interim option in relation to Standing Order 19.3 (Casting Vote) for immediate use, and undertake further review into the options for Standing Order 19.3 (Casting Vote)

c.     To maintain the current Standing Orders for the 2019-2022 triennium

2.7   Development of Preferred Option

Option A or B.

It is recommended that the 2019 Local Government New Zealand model template, with the current listed adjustments be adopted, to better meet the requirements of Napier City Council for the 2019-2022 triennium.

There must be a setting in relation to a casting vote that will be active from the point of adoption, but Council may also wish to further investigate options to be brought back through a future paper.

 

 

2.8   Attachments

a     2019-2022 Standing Orders - DRAFT   


Ordinary Meeting of Council - 30 January 2020 - Attachments

 

Item 2

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Ordinary Meeting of Council - 30 January 2020 - Open Agenda                                                                                                               Item 3

3.    2019-2022 Elected Members' Code of Conduct

Type of Report:

Legal and Operational

Legal Reference:

Local Government Act 2002

Document ID:

885122

Reporting Officer/s & Unit:

Devorah Nícuarta-Smith, Team Leader Governance

 

3.1   Purpose of Report

To present the 2019-2022 Elected Member’s Code of Conduct for adoption.

 

Officer’s Recommendation

That Council:

a.     Adopt the 2019-2022 Elected Members’ Code of Conduct

 

 

Mayor’s Recommendation

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

3.2   Background Summary

Under clause 15, schedule 7 of the Local Government Act 2002 (October 2019 reprint) a local authority must adopt a code of conduct for its members; this may be replaced or amended, but cannot be revoked without a replacement.

The amendment or adoption of a new code of conduct requires the support by vote of at least 75% of those members present at the meeting.

The elected members’ code of conduct outlines the understandings and expectations on all members as to how they will conduct themselves, and must be complied with (clause 15(2) and 15(3), schedule 7, Local Government Act 2002). It also outlines the procedure that will be followed where it is believed that a member may not have followed the code.

3.3   Issues

As all local authorities (councils) must have a code of conduct in place, and many of the expectations held of elected members are similar across the country, in recent years Local Government New Zealand (LGNZ) have begun preparing a model template that can be used by councils for this purpose.

The latest iteration of the model code was released by LGNZ in 2019. This has been reviewed by the incoming elected members and no changes posited. The model code is now brought to Council for formal adoption

3.4   Significance and Engagement

The amendment or adoption of a code of conduct is directed by the Local Government Act 2002 and does not trigger Council’s Significance and Engagement Policy or any other consultation requirements.

3.5   Implications

Financial

N/A

Social & Policy

The adoption of a code of conduct for elected members is required by law. It is a public document, and contributes towards the ability of Council to meet its requirements under section 39 of the Local Government Act 2002 that the expected conduct of elected member be understood both by the members and the community.

Risk

N/A

3.6   Options

The options available to Council are as follows:

a.     To adopt the 2019 LGNZ model template for the elected members’ code of conduct as the 2019-2022 code of conduct

b.     To maintain the current code of conduct for the 2019-2022 triennium

3.7   Development of Preferred Option

It is recommended that the 2019 LGNZ template be adopted for the 2019-2022; significant work is always undertaken by LGNZ in their document reviews to ensure they are refined, clear, and reflect contemporary matters of importance.

 

3.8   Attachments

a     2019-2022 Code of Conduct - DRAFT   


Ordinary Meeting of Council - 30 January 2020 - Attachments

 

Item 3

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Ordinary Meeting of Council - 30 January 2020 - Open Agenda                                                                                                               Item 4

4.    Napier City Flag

Type of Report:

Legal and Operational

Legal Reference:

Her Majesty’s College of Arms; Heraldry

Document ID:

885209

Reporting Officer/s & Unit:

Devorah Nícuarta-Smith, Team Leader Governance

 

4.1   Purpose of Report

To present the correct formal Napier City flag design for adoption.

 

Officer’s Recommendation

That Council:

a.     Adopt the correct formal flag for Napier City

b.     Direct officers to lodge the Napier City heraldic flag design with an appropriate flag maker for future production as required.

 

 

Mayor’s Recommendation

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

 

4.2   Background Summary

The current Napier City flag is unusual in that it contains the full Coat of Arms of Napier. A Coat of Arms is granted to an individual or entity (such as a city or municipality) for their express use. Each component of a Coat of Arms is specially selected and combined to represent its bearer. The Grant of Arms also conveys limitations on use of the Arms; for example typically the use of the Coat of Arms by a third party cannot be authorised even by the individual or entity to which they have been granted. Display of a Coat of Arms may be authorised following formal application by the person wishing to display them. The difference is that ‘display’ requires a suitable inscription which clearly shows whose Arms that are. One example of this are the mugs and souvenir items one may purchase in Britain which display a Coat of Arms – somewhere clearly on every item a clear inscription specifying whose Coat of Arms is shown must be included. This is very difficult in the case of a full sized flag for public display.

Further to the rules around appropriate use and display of a Coat of Arms, Napier City Council received advice in 1995 in relation to the City flag from the New Zealand Herald of Arms Extraordinary to her Majesty the Queen (the representative in New Zealand of the royal College of Arms in England), which clearly states that a full Coat of Arms should not be included on a flag.

It is important to distinguish between Napier City (the entity to which the Coat of Arms has been granted), and Napier City Council (which provides governance and management to the functions and services of Napier City on behalf of its residents). If it is wished to have a City flag which residents may be authorised to purchase and display, then the correct and traditional presentation of the flag, as defined through heraldic practice, is the elements of the shield of the Coat of Arms bled out into a square or an oblong. Napier City Council developed its own branding (the Norfolk pine) relatively recently and this design is used for Council related flags and banners. If Council wished to develop its own flag rather than using the current branding this could be done. However the formal flag for Napier City should be presented based correctly on the Coat of Arms, uniquely and formally granted to the City.

The British Royal Coat of Arms and Royal Standard are presented below as an example of a Coat of Arms and the corresponding flag demonstrating the expansion of the shield elements:

Royal Coat of Arms

 

Royal Standard

 

 

It is unclear as to why the process of correcting the Napier City flag was not undertaken at the time the advice was received in the mid-1990s.

The matter became topical again more recently when a member of the public requested authorisation to purchase and display the Napier flag which was unable to be given due to the flag’s current inclusion of the entire Coat of Arms. Following conversation with the Ministry of Culture and Heritage and review of Council’s archival records in relation to the flag, a correct City flag design is now brought to Council for adoption.

Once in place, Council would be able to authorise members of the public to procure for themselves a City flag which they could display. It is recommended that Council also procure several copies of the correct City flag for its own use in preference to the flag bearing the full Coat of Arms. It is important to note that should it wish to, Napier City Council could use the flag with the full Coat of Arms on behalf of the City, and it would always be retained for historical purposes.

4.3   Issues

The arms of the City of Napier, together with the crest and supporters, were granted to the City on 31 August 1951.

 

 

The arms are made up of a shield and crest, supporters and a motto scroll.

·     The Shield

The three red roses are taken from the coat of arms of Lord Napier and Ettrick, a direct descendant of Sir Charles Napier, after whom Napier was named. The wavy undulated blue bands on the shield are the accepted heraldic symbols for coastal towns and denote tourist resorts and ports. The Golden Fleece is the heraldic symbol of the wool industry, of which Napier is one of the largest centres in New Zealand.

 

·     The Crest

The crest depicts the inverted wing and claw of a hawk, taken from the arms of Lord Hawke, a former First Lord of the Admiralty after which the province of Hawke’s Bay was named. In the claw of the hawk is a Māori waihaka (bone club), representative of the Māori of the district. The full crest is mounted on the usual wreath, which is coloured blue and white.

 

·     The Supporters

The supporters are a golden kiwi and lion, which represent Napier’s dependence on New Zealand and England.

 

·     The Motto

The motto “Faith and Courage” was adopted, as it was felt it reflected the courage and faith present during and after the 1931 earthquake.

 

Flag for the City of Napier

Based on the correct structure advised by the New Zealand Herald of Arms, the City of Napier flag should be the following design, incorporating the roses, waves and golden fleece of the shield from the Coat of Arms:

 

It captures the origin of the City’s name of “Napier”, the city’s coastal presence, and the history of our community as a thriving contributor to the wool industry.


 

4.4   Significance and Engagement

The correct design of a heraldic flag is a specialised matter and does not trigger Council’s Significance and Engagement Policy or any other consultation requirements.

4.5   Implications

Financial

Indicative quotes from a national specialist in flag making suggest that a single printed flag of 1.8m x 0.9m in size (suitable for a 5m flagpole) would be $208 per flag for a polyknit fabric or $292 for polybunting fabric, with a print setup charge of about $65.

Once receiving authorisation from Council, members of the public would liaise directly with the flag maker the design is lodged with to procure their flag(s).

Social & Policy

Correcting the City flag of Napier will allow members of the public who wish to display one to receive authorisation from Council and go on to procure the flag.  Currently there are limits on the ways the community can interact with this formal representation of our city.

Risk

N/A

4.6   Options

The options available to Council are as follows:

a.     To adopt the correct heraldic flag of the City of Napier, providing the option for members of the public to procure and display the flag if they wish

b.     To maintain the current flag only, with the full Coat of Arms, for Council use only.

4.7   Development of Preferred Option

It is recommended that the heraldic flag be adopted and the design lodged with an appropriate flag maker. This ensures the city is provided for correctly and that members of the public can be authorised to procure and display the flag is they wish.

 

4.8   Attachments

Nil


Ordinary Meeting of Council - 30 January 2020 - Open Agenda                                                                                                               Item 5

5.    Emblem and Ensign Policy

Type of Report:

Operational

Legal Reference:

N/A

Document ID:

885371

Reporting Officer/s & Unit:

Devorah Nícuarta-Smith, Team Leader Governance

 

5.1   Purpose of Report

To present the Emblem and Ensign Policy for adoption

 

Officer’s Recommendation

That Council:

a.     Adopt the Emblem and Ensign Policy, noting that this updates and replaces

i.      Napier City Council Logo and Coat of Arms Policy 2003

ii.     Flying of NZ & City Flags Policy 1987

 

 

Mayor’s Recommendation

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

5.2   Background Summary

Although the existing logo and flag related policies were not due for review in 2019, the identification that Napier required a correction to its City flag triggered an early review as part of the wider body of work.

The Ensign and Emblem Policy incorporates, updates and builds on the information in the previous policies, and will replace them once adopted. 

The Policy is intended to provide information on the heraldry of the City of Napier, rules for the appropriate use and display of the Coat of Arms and the flags of the City. The Policy also outlines the appropriate display of the New Zealand and rules in relation to half-masting.

5.3   Issues

No issues.

5.4   Significance and Engagement

This Policy reflects heraldic, cultural and legal requirements and does not trigger Council’s Significance and Engagement Policy or any other consultation requirements.

5.5   Implications

Financial

N/A

Social & Policy

The Policy outlines rules and guidelines for the appropriate display of the Napier City flags and the New Zealand ensign.

Risk

N/A

5.6   Options

The options available to Council are as follows:

a.     To adopt the Ensign and Emblem Policy, recognising that it updates and replaces existing policies.

The Policy has been specifically designed to provide information as well as policy and procedural guidelines in relation to the City’s heraldry and its appropriate use so these are held in one publicly available document. 

 

5.7   Development of Preferred Option

N/A

 

5.8   Attachments

a     Emblem and Ensign Policy   


Ordinary Meeting of Council - 30 January 2020 - Attachments

 

Item 5

Attachments a

 

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Ordinary Meeting of Council - 30 January 2020 - Open Agenda                                                                                                               Item 6

6.    Revenue and Financing Policy Review

Type of Report:

Legal and Operational

Legal Reference:

Local Government Act 2002

Document ID:

880867

Reporting Officer/s & Unit:

Caroline Thomson, Chief Financial Officer

 

6.1   Purpose of Report

To seek Council approval to adopt step one of a two step process to review Council’s Revenue and Financing policy as required under section 101(3)(a) of the Local Government Act 2002.

 

Officer’s Recommendation

That Council:

a.     Adopt the step one analysis for the Council activities as set out in the ‘Activity Summary for step one’ schedule.

 

 

Mayor’s Recommendation

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

6.2   Background Summary

A review of Council’s Revenue and Financing policy is currently underway. The review process is a two step process and takes a first principles approach.

As part of the first stage of the review the previous Council (over a series of 5 seminars) completed a Funding Needs Analysis (FNA). This involved the Council assessing and documenting its view for each activity on the following (as required under section 101(3)(a) of the Local Government Act 2002):

·     Community outcomes to which the activity primarily contributes

·     Distribution of benefits – who gets the benefit whole/part of community or individuals?

·     Period the benefits are expected to occur

·     Extent actions or inactions contribute to need to undertake the activity (exacerbators)

·     Costs and benefits of funding the activity separately from other activities

As part of the completion of this step the Council has selected its preferred funding tools for both operational and capital expenditure for each activity.  For some activities the Council has identified a percentage of either public good or private good, and for other activities, it has not.  At this stage it is important for Council to confirm the tools it intends to be used and the rationale for the selection of tools, not the allocation between either public good or private good.  The rationale and some content has been updated to better reflect the requirement of the LGA rather than Council’s intent.

Council, at its meeting on 26 September, endorsed the FNA and recommended the new Council consider, modify if required and then adopt the attached schedule of its activities, before it considers the impact of these allocations on its community.

During November and December two seminars were held with the new Council to review the FNA resulting in some minor modifications to wording.

Step one is now complete.

Step two requires Council to consider the overall impact of any allocation of liability for revenue needs on the current and future social, economic, environmental, and cultural wellbeing of the community.  This provides Council with significant scope to modify which funding tools are used and the impacts on identifiable groups.  This step can only be completed after Council has formally adopted step one and has considered the impacts on the community. 

6.3   Issues

Once Council has adopted step one or the Funding Needs Analysis (FNA), the following steps need to be completed before any changes to the Revenue and Financing policy (including changes to the impacts of rates) can be implemented.

1. Model the rates impact on the FNA

2. Consider the overall impacts of step 1 and update the FNA

To undertake this step the Council should have a preferred option.  The FNA (Step 2) is also a requirement of section 101(3)(b) LGA.

This is an opportunity for the council to step back from the individual funding activities to consider the overall allocation of liability including impacts of rates, debt and fees and charges in the community. Ultimately, this is a political judgement.  Step two involves looking carefully at the funding choices developed in step one and being clear about the reasons for modifying them.

A council must not only complete the two-stage process but also be able to show that they have done so AND that both steps have been fully documented.

3. Model and confirm the preferred rates allocation option

4. Draft Revenue and Financing policy and supporting rating policies

In addition to the Draft Revenue and Financing policy, Council may need to modify its rates remission and rates postponement policies.  It is also possible that other policies including liability management, investment and development contributions or financial contributions may need to be updated.

5. Draft the proposal and supporting information for consultation

Consultation on the Revenue and Financing policy and supporting polices[1] will be required.

For a section 82 consultation the legislation lists essential information which must be included in the proposal. This essential information is:

·     analysis of the options;

·     copies of any policies that will need to be changed

 

The proposal is a primary communication document that helps the reader understand the proposal, the options council has considered, how the reader may be affected and why council prefers the proposed option. To be effective, the proposal must be concise (while meeting the legal requirements). However, it will be useful to have additional information available for those that want to dig more deeply into the matter.

6. Carry out community consultation

This is a formal step required to set a lawful rate, whether through a section 82 (LGA) consultation or section 83 (LGA) SCP.

The key things for compliance are that the proposal must contain:

·     the proposal; and

·     the reasons for the proposal

In an effective rating review the proposal should be a clear statement about which rates are changing. This statement should describe how rates are allocated currently and how it is proposed to allocate them in future.

The proposal should also include a summary of the other options considered and give reasons why the council considers those options aren’t the best way forward for the community. These reasons may link back to the reasons given for the review at the start of the process. Status quo should be one of the options discussed, along with reasons why maintaining this approach would not be appropriate.

7. Hear submissions

8. Update and amend policies after considering submissions

9. Adopt new policies

10. Set the rates

6.4   Significance and Engagement

Step one forms the basis for the Revenue and Financing Policy with the second step requiring separate consultation as part of the 2020/21 Annual Plan.

6.5   Implications

Financial

No financial implications for step one.

Social & Policy

The Revenue and Financing policy will be updated at the completion of this review with effect 1 July 2020.

Risk

That Council does not adopt stage one which may impact on the timing of the funding review and consultation process.

6.6   Options

The options available to Council are as follows:

a.     Adopt the step one analysis for the Council activities as set out in the attached schedule.

b.     Amend step one analysis and adopt.

c.     Do not adopt the step one analysis (this would put the timing of the review and consultation at risk).

6.7   Development of Preferred Option

Adopt step one analysis for the Council activities as set out in the attached schedule.

 

6.8   Attachments

a     Activity Summary   


Ordinary Meeting of Council - 30 January 2020 - Attachments

 

Item 6

Attachments a

 

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Ordinary Meeting of Council - 30 January 2020 - Open Agenda                                                                                                               Item 7

7.    Napier City Business Inc Funding Consultation

Type of Report:

Operational

Legal Reference:

N/A

Document ID:

881621

Reporting Officer/s & Unit:

Garry Hrustinsky, Investment and Funding Manager

 

7.1   Purpose of Report

To advise Council of the Napier City Business Incorporated (NCBI) funding consultation process and seek Council approval of the process.

 

Officer’s Recommendation

That Council:

a.   Approve the consultation process proposed by Napier City Business Incorporated as part of their funding review.

 

 

Mayor’s Recommendation

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

7.2   Background Summary

Napier City Business Incorporated (NCBI) want to enhance the CBD experience and encourage increased foot traffic in the area for the betterment of the business community.

For the last three years NCBI has been utilising its reserves to fund costs associated with providing a better quality service, however this is no longer sustainable going forward. NCBI are proposing to increase the levy to fund a number of initiatives that will achieve an enhanced CBD experience.

7.3   Issues

Implementation of the initiatives identified by NCBI will require additional funding. Approval to increase the levy will be sought from NCBI members through a consultation process. As part of the process, Council needs to decide if it conducts its own targeted consultation or relies on the NCBI consultation if it believes the consultation process is adequate.

The NCBI consultation process will comprise of the following:

·     6 x detailed targeted emails to business and rate-payer membership (October, January and March)

·     3 x mail-outs to rate-payers NCBI does not have email information for (October, January and March)

·     3 x information evenings/workshops (the first two being face-to-face meetings)

·     5 x inclusions in NCBIs monthly newsletter

·     Face-to-face meetings as required (currently there are around 20)

·     A final Special General Meeting presentation and vote.

Any change to rates will directly impact 430 businesses within the CBD. After the consultation process, at least 75% of members (323 members) must be present at the Special General Meeting (11th March, 2020 at 5:30pm) arranged to discuss this resolution. A simple majority will be required to pass the resolution.

 

7.4   Significance and Engagement

N/A

7.5   Implications

Financial

N/A for this stage of the process. However if the NCBI members elect to increase the levy this will result in additional funding of $68,534 (ex. GST) to be collected by Council, by way of the targeted rate (CBD promotion rate), and passed on to the NCBI.

Social & Policy

N/A

Risk

N/A

7.6   Options

The options available to Council are as follows:

a.     Approve the consultation process proposed by NCBI as appropriate.

b.     The Council develop and conduct its own targeted consultation process.

7.7   Development of Preferred Option

Option a. Approve the consultation process proposed by NCBI as appropriate.

 

7.8   Attachments

a     Levy Process Letter

b     NCBI Funding Proposal

c     Rules of NCBI   


Ordinary Meeting of Council - 30 January 2020 - Attachments

 

Item 7

Attachments a

 

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Ordinary Meeting of Council - 30 January 2020 - Attachments

 

Item 7

Attachments b

 

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Ordinary Meeting of Council - 30 January 2020 - Attachments

 

Item 7

Attachments c

 

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Ordinary Meeting of Council - 30 January 2020 - Open Agenda                                                                                                               Item 8

8.    Actions From Previous Meetings

Type of Report:

Procedural

Legal Reference:

Enter Legal Reference

Document ID:

891346

Reporting Officer/s & Unit:

Cheree Ball, Governance Advisor

 

8.1   Purpose of Report

To present the actions from previous meetings for awareness.

 

Officer’s Recommendation

That Council:

a.   Note the actions from previous meetings along with their current status.

 

 

Mayor’s Recommendation

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

8.2   Actions Table

 

Meeting/ Date

Item No.

Action

Responsible Directorate

Status

Induction intro

 

Sean Bevan to be invited to talk to Council about regional and ward stats in early 2020 to align with pre-LTP information

City Strategy

Will be arranged to align with LTP and DP work programme

Council 19.11.2019

1

Scientific evidence is being collected currently to measure if stormwater contamination is dropping.

Results from this assessment will be reported quarterly moving forward through the Sustainable Napier Committee.

Infrastructure

Underway.

May not be quarterly – dependent on when data is received

Council 05.12.2019

5

Costings around refurbishment of the Civic Building to be provided to Councillors, ie. why was refurbishment ruled out?

Corporate – Finance/ City Strategy

Timeline/ background to date to be reviewed with elected members

Audit and Risk 05.12.2019

2

Cr Taylor requested a report be prepared on any reputational and financial risk as a result of removing the Conference Centre branding from the War Memorial Hall; this is to include any financial risk to the facility and any financial and reputational risk to staff. The report is to be circulated to Audit and Risk for comment, then taken to Council

Community Services

COMPLETE

Signage removed

 

Audit and Risk 05.12.2019

3

A specific Health and Safety section is to be included in the Charter as per the Chair’s recommendation earlier this year.

Any further Charter update requests to be provided to the Chair and Director Corporate services by email; an updated document will be brought to the March 2020 Audit and Risk Committee meeting for consideration.

Corporate – Finance / Audit and Risk Committee 

Programmed for early 2020

Audit and Risk 05.12.2019

7

It was agreed that for those recommendations in the Audit NZ management report which were not annual in nature, an update would be provided to the next Audit and Risk Committee meeting in March 2020.

Corporate – Finance

Programmed for early 2020

Council 19.12.2019

1

To arrange a joint meeting with Hastings District Council and Hawke’s Bay Airport Limited in the new year, in order to provide further background information and bring new Councillors up to speed on airport matters.

Corporate

Joint Councillor workshop booked for 25 February 2020

Council 19.12.2019

A&R 5

Councillors noted their preference that the Chief Executive’s financial delegation be brought back to Council for review say every three years.

Corporate

To be programmed for review three yearly

 

 

8.3   Attachments

Nil    


Ordinary Meeting of Council - 30 January 2020 - Open Agenda                                                                                                               Item 1

Reports Under Delegated Authority

 

1.    Tenders Let

Type of Report:

Information

Legal Reference:

N/A

Document ID:

885620

Reporting Officer/s & Unit:

Debbie Beamish, Executive Assistant to the Chief Executive

 

1.1   Purpose of Report

To report the Tenders let under delegated authority for the period 5 December 2019 – 6 January 2020.

 

 

Officer’s Recommendation

That Council:

a.     Note that there were no Tenders Let under delegated authority for the period 5 December 2019 – 6 January 2020.

 

 

 

Mayor’s Recommendation

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

 

 

There were no Tenders Let during this period.

 

1.2   Attachments

Nil


Ordinary Meeting of Council - 30 January 2020 - Open Agenda                                                                                                               Item 2

2.    Documents Executed Under Seal

Type of Report:

Information

Legal Reference:

N/A

Document ID:

885648

Reporting Officer/s & Unit:

Debbie Beamish, Executive Assistant to the Chief Executive

 

2.1   Purpose of Report

To report on the Documents Executed under Seal for the period 5 December 2019 – 6 January 2020.

 

 

Officer’s Recommendation

That Council:

Note that there were no Documents Executed under Seal for the period 5 December 2019 - 6 January 2020.

 

 

Mayor’s Recommendation

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

 

 

There were no documents executed under seal during this time.

 

2.2   Attachments

Nil


Ordinary Meeting of Council - 30 January 2020 - Open Agenda                                                                                                               Item 3

3.    Resource Consents

Type of Report:

Information

Legal Reference:

N/A

Document ID:

886250

Reporting Officer/s & Unit:

Debbie Beamish, Executive Assistant to the Chief Executive

 

3.1   Purpose of Report

To present the report on Resource Consents issued under delegated authority for the period 1 December 2019 – 6 January 2020.

 

 

Officer’s Recommendation

That Council:

a.   Resolves to receive the report titled ‘Resource Consents approved 1 December 2019 – 6 January 2020.

 

 

Mayor’s Recommendation

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

 

 

 

3.2   Attachments

a     Resource Consents 1 December 2019 - 6 January 2020   


Ordinary Meeting of Council - 30 January 2020 - Attachments

 

Item 3

Attachments a

 

Resource Consents (Subdivision & Land Use) Approved between 1 December 2019 – 6 January 2020

 

Consent Number

Site Location

Applicant

Proposal

Activity Status

Decision Date

RM190133

269 Meeanee Rd

Mr Apple NZ Ltd

Replace existing RSE workers accommodation with a 96 bed RSE Camp within the Main Rural zone

Non-complying

5 December 2019

RMS19099

391 Gloucester St

B & M Wakely

Main Rural zone subdivision to create one additional lot (two in total)

Controlled

5 December 2019

RM190144

204 Kennedy Rd

Chorus New Zealand Ltd

Upgrade Chorus site which includes installation of larger engine alternator, increase in fuel storage and alterations to exterior façade

Outline Plan

9 December 2019

RM190145

70A The Esplanade

P & G Pearse

New dwelling with height in relation to boundary, open space and manoeuvring infringements within the Northern Residential zone

Restricted Discretionary

6 December 2019

RM190142

27 Howard Rd

V Zeyfert

Construct a dwelling infringing height control and a garage infringing the 5m front yard within the Main Residential zone

Restricted Discretionary

16 December 2019

RM190149

33 Pelorus Ave

M & M Madden

New dwelling/garage within the Main Residential zone infringing the 5m front yard

Restricted Discretionary

16 December 2019

RMS19069

56 Kenny Rd

Greenstone Land Developments Ltd

Subdivide site to create 48 residential lots and undertake earthworks in the Te Awa Structure Plan area

Discretionary

16 December 2019

RMS19100

106 Latham St

J Lurajud

Main Residential zone subdivision creating one additional lot (two in total)

Controlled

17 December 2019

RMS19101

78B Battery Rd

GP Kirkham

Amendment to a residential cross lease to incorporate an existing extension to flat 2

Amended to Cross Lease

18 December 2019

RMS19102

16 Forward St

PD Ellison

Main Residential zone subdivision to create one additional lot (two in total)

Controlled

19 December 2019

RM190077

400 Puketitiri Rd

C & J Parsons

Establishment of a tractor repair business/Industrial activity within the Rural Residential zone

Discretionary

19 December 2019

RMS19106

6 Otatara Rd & 2 Hetley Cres

MB Cadwallader

Main Residential zone subdivision to create separate titles around two existing dwellings

Controlled

19 December 2019

RM190150

6 Willowbank Ave

Capital Works

Stockpile earthworked material in excess of the permitted limits in the Main Residential zone

Restricted Discretionary

20 December 2019

RMS19103

83 Coverdale Rd

JV Bonthuys

Main Residential zone subdivision to create two additional lots (three in total)

Restricted Discretionary

23 December 2019

RM190151

38 Guppy Rd

MG Wilson

Multi-unit development within the Main Residential zone resulting in one additional dwelling (two in total)

Controlled

23 December 2019

RM190111

245 & 247 Tennyson St & 16, 18, 20, 22 & 22A Wellesley Rd

Murphy Property Development Ltd

Comprehensive commercial/multi-unit development within the Fringe Commercial zone entailing four office tenancies requiring a Resource Consent to address parking and loading shortfall, earthworks, NES (soils) and landscaping components

Discretionary

23 December 2019

RM190019

35 Kenny Rd

Te Awa Land Development Company Ltd

Multi-unit commercial development within the Main Residential zone (Te Awa Structure Plan Area) comprising of eight tenancies (including a café, supermarket, childcare facility, medical centre and four assorted retail units).  Proposal involves earthworks and a car parking shortfall.

Discretionary

23 December 2019

 

   


Ordinary Meeting of Council - 30 January 2020 - Open Agenda

PUBLIC EXCLUDED ITEMS

 

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

 

Agenda Items

1.         Chief Executive Remuneration 18/19

2.         Chief Executive Performance Review Process

3.         Chief Executive Contract

4.         Actions From Previous Meetings - Public Excluded Items

 

The general subject of each matter to be considered while the public was excluded, the reasons for passing this resolution in relation to each matter, and the specific grounds under Section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution were as follows:

General subject of each matter to be considered.

Reason for passing this resolution in relation to each matter.

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

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

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

Agenda Items

1.  Chief Executive Remuneration 18/19

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

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.

2.  Chief Executive Performance Review Process

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

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.

3.  Chief Executive Contract

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

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.

4.  Actions From Previous Meetings - Public Excluded Items

7(2)(c)(i) Protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to prejudice the supply of similar information or information from the same source and it is in the public interest that such information should continue to be supplied

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

 


Ordinary Meeting of Council - 30 January 2020 - Open Agenda

 

 

Ordinary Meeting of Council

Open Minutes

 

Meeting Date:

Thursday 19 December 2019

Time:

10.00am-11.57am

12.05pm-1.03pm

Venue

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

 

 

Present

Mayor Wise, Deputy Mayor Brosnan, Councillors Boag, Browne, Chrystal, Crown, Mawson, McGrath, Price, Simpson, Tapine and Taylor

In Attendance

Chief Executive, Director Corporate Services, Director Community Services, Director City Services, Director City Strategy, Manager Communications and Marketing, Manager Asset Strategy, Manager Environmental Solutions, Chief Financial Officer, Manager City Development, Manager Building Consents, Team Leader 3 Waters, Procurement Lead, Waste Minimisation Lead

Administration

Governance Team

 

 


 

Apologies

Council resolution

Councillor Boag / Dep. Mayor Brosnan

That the apology from Councillor Wright be accepted.

Carried

 

Conflicts of interest

Nil

Public forum

Nil

Announcements by the Mayor

The Mayor acknowledged and thanked Council for their hard work, professionalism and integrity over the last few months and year, noting it has been a busy year with a number of hefty issues to consider and they had represented the community well. She wished everyone a merry Christmas. 

Announcements by the management

The Chief Executive acknowledged and thanked staff and Council for their efforts over the last year, and wished everyone a safe and enjoyable break.

Confirmation of minutes

 

Council resolution

Councillors Price / Crown

That the Draft Minutes of the Extraordinary meeting held on 5 December 2019 be confirmed as a true and accurate record of the meeting.

 

Carried

 

 

 

 


 

Agenda Items

1.    Hawke's Bay Airport Ltd Annual Report 2019

Type of Report:

Procedural

Legal Reference:

Local Government Act 2002

Document ID:

877128

Reporting Officer/s & Unit:

Caroline Thomson, Chief Financial Officer

1.1   Purpose of Report

To present to Council the Hawke’s Bay Airport Ltd Annual Report 2019.

 

At the meeting

Tony Porter, Chairman and Stuart Ainslie, Chief Executive Officer presented the 2019 Hawke’s Bay Airport Limited Annual Report to Council (presentation attached – Attachment A).

Mr Porter provided a brief overview of the financials for the 2018/19 year noting that due to the financial uncertainty following the departure of Jetstar and Arrow going into voluntary administration, it was decided that it would not be prudent to pay out a dividend this year. He also spoke to notable highlights of the year, including the continued success of the Watchman Road project.

Mr Ainslie spoke to the key challenges moving forward and provided an overview of the operations strategy and sustainability framework.

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

·         Typically, a dividend of around 40% of EBIT would be paid out. Government understands the decision to not pay a dividend at this time.

·         A number of factors attributed to the departure of Jetstar from Hawke’s Bay, including the Jetstar operating model not being a good fit for the Turbo Prop service. The door remains open for Jetstar to return.

·         The sustainability framework sits across the strategic plan.

ACTION:  To arrange a joint meeting with Hastings District Council and Hawke’s Bay Airport Limited in the new year, in order to provide further background information and bring new Councillors up to speed on airport matters.

Council resolution

Councillors Simpson / Tapine

That Council:

a.     Receive the Hawke's Bay Airport Ltd Annual Report 2019.

Carried

 


 

2.    Water Review Procurement Strategy

Type of Report:

Operational

Legal Reference:

N/A

Document ID:

877290

Reporting Officer/s & Unit:

Catherine Bayly, Manager Asset Strategy

2.1   Purpose of Report

The purpose of this report is to outline the procurement strategy and processes to engage skilled consultancy services that will support Council’s review of options for provision of safe chlorine free drinking water to our communities and compare to current requirements and anticipated regulatory change. The review will provide advice on capital and operational work requirements, residual health risk, indicative costs and indicative timeframe to achieve the targeted reticulation standard and make recommendations on an appropriate chlorine free option.

The options that will be assessed are:

1.   Maintain the current Council planned programmes of work with Chlorine as a barrier against contamination under the new Water Safety Plan (WSP) framework, or

2.   Enhance the water network to a standard where disinfection residual can be removed with no negative impact on water quality or public safety to consumers.

Outcome of Review:

The output of the review will be two fully costed options for the delivery of safe water supplies in Napier that can be consulted upon within the community with feedback sought to help inform Council on whether we continue with a safe network with chlorine or commit to developing a network that enables chlorine to be removed safely.  The two options will be based around the requirements of the new Water Safety Plan Framework and the chlorine free option will be developed with guidance from the Ministry of Health to ensure that any future chlorine free option would be acceptable to them.

The additional benefits of completing the project include a peer review of the financial modelling in the 3 Waters Review along with providing clarity around future staffing requirements and operational costs for both options.

At the meeting

The Manager Asset Strategy, Team Leader 3 Waters and Procurement Lead spoke to the report and also provided further background for the benefit of the new Councillors. It was noted that a communications strategy will be developed in the new year to better inform the public around what is being done in this space, and reiterated that people should not drink the dirty water as this contains high levels of manganese, instead run taps until the water runs clear.

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

·         It was confirmed that the works currently underway will be required whether the network is chlorinated or not.

·         Acoustic sensors will be considered; however, they do not reduce risk. Acoustic sensors will allow Council to better understand the network once it is zoned and to  better manage leakage and flow. Zoning the network is part of Council’s three year work programme.

·         Christchurch City Council (CCC) has submitted their water safety plan and officers assume that the plan excludes chlorination. The Ministry of Health with make their decision based on recommendations from the panel, who must first consider how CCC plans to manage the risks in their network.

·         Council has been running a pigging programme for over 10 years; this is an ongoing process. It was noted that parts of the network cannot be accessed.

·         The major projects will run concurrently, with an optimistic view for some of these projects to be completed over two years, others will take longer.

·         Council may need to attract consultants and contractors from outside Hawke’s Bay as well to complete works, noting that Hastings District Council are also undertaking a large work programme.

·         Before chlorination can be removed from the network, Council must demonstrate how risks in the network will be managed. Removing chlorination at this time would be against the approved water safety plan and would not be supported by the HBDHB.

·         Council has demonstrated that there is no protozoa risk by achieving bore security status. UV treatment will also be installed in the new bore fields.

·         The expectation moving forward under the new water safety drinking guidelines is that property owners with a private bore or storage tank feeding more than two dwellings will need to produce their own water safety plan. Council will be required to assist property owners with this.

 

Councillors suggested that Councillor Simpson be appointed as an observer for the Registration of Interest (ROI) process and that officers approach the Ministry in relation to potential funding options.

 

 

Officer’s Recommendation

That Council:

a.     Note the report titled “Procurement Strategy to engage a consultant to complete a chlorine free drinking water review” be received.

b.     Adopt the Review outcome, being to develop two defensible options for safe drinking water to take to the community.

c.     Approve the procurement strategy to engage a consultant to complete a drinking water review for Napier City Council which includes a two stage procurement process including a Registration of Interest followed by a Request for Proposal.

Council resolution

Substitute Motion

Dep. Mayor Brosnan / Councillor Simpson

That Council:

a.    Note the report titled “Procurement Strategy to engage a consultant to complete a chlorine free drinking water review” be received.

b.    Adopt the Review outcome, being to develop two or more defensible options for safe drinking water to take to the community.

c.     Approve the procurement strategy to engage a consultant to complete a drinking water review for Napier City Council which includes a two stage procurement process to provide a solution that addresses the review outcomes including a Registration of Interest followed by a Request for Proposal.

d.    Note the inclusion of an independent probity advisor in the process.

e.    Investigate Ministry of Health funding opportunities for the report noting the implications of being leaders in the investigation of a chlorine free network under the new regulations, noting all works will continue as scheduled while this in undertaken.

f.      Note that a communications strategy will be developed for all drinking water and presented to Council in early 2020.

g.    That Councillor Simpson be appointed as observer on ROI process.

Carried

 

 

The Mayor adjourned the meeting at 11.57pm for a short break, and reconvened at 12.05pm.


 

3.    Civic Building Demolition

Type of Report:

Operational

Legal Reference:

Local Government Act 2002

Document ID:

877988

Reporting Officer/s & Unit:

Paulina Wilhelm, Manager City Development

 

3.1   Purpose of Report

To seek Council approval to demolish the Civic building in 2020. Officers also propose investigating if there are any cost savings in demolishing the Library building at the same time and reporting the findings back to Council for considering the future plans for the Civic Precinct Area (the area including the civic building, the library building and the civic court, refer to attachment). It is noted that no decision has been made on the future of the Library building at this time.

 

Note: this report was initially taken to the Council meeting held on 5 December 2019 where it was laid on the table, to be brought back to this meeting.

 

At the meeting

Councillors confirmed that since the report was last on the table, they have had an opportunity to speak with representatives from Strata Group and Aurecon and have had access to further reports, enabling them to consider the full issue. It was noted that although a lot of the information had been around seismic assessments, a comprehensive report and business case around site optimisation had also been considered.

A number of Councillors noted they were satisfied that the information provided since the last meeting addressed their concerns and they were now able to move forward with the decision. It was also noted that the 2017 cost estimate for full refurbishment of the building was $75M, and that Council officer’s had confirmed there was no safety risk to passersby.

 

Council resolution

Councillors Taylor / Crown

That Council:

a.     Approve going to tender for the demolition of the Council Civic Administration building in 2020 and ring-fence the associated costs of demolition to be recovered from the future use of the site either through the sale or a long term lease

 

Carried

 

 


 

4.    Kerbside Recycling Crate Replacement Policy

Type of Report:

Operational

Legal Reference:

N/A

Document ID:

877541

Reporting Officer/s & Unit:

Rhett van Veldhuizen, Waste Minimisation Lead

 

4.1   Purpose of Report

To seek Council’s approval for establishing a policy and a charge and methodology for the replacement of recycling crates which have been stolen, lost or damaged while using the new service.

 

At the meeting

The Manager Environmental Solutions spoke to the report and clarified the following points, in response to questions from Councillors:

·         There are a number of reasons that receptacles go missing, including moving house and taking the receptacles, whether purposely or not.

·         The cost for replacements was foreseen but the replacement fee could only be set through fees and charges, which needs to be set at a particular time each year.

·         Replacement fees will be assessed on a case by case basis, ie. replacement fees for receptacles broken by contractors will not be charged to residents; it was noted that the new methodology reduces this risk.

·         The fee will be reviewed year on year as part of the fees and charges process. Council officers are satisfied that the fee is set at an appropriate level, and have taken into account replacement fees set by other Councils.

·         Each crate has a unique code for tracking and audit purposes and contractors will only collect the maximum of three crates from each property.

 

Council resolution

Dep. Mayor Brosnan / Councillor Chrystal

That Council:

a.     Approve the establishment of a fee of $15.00 including GST for each crate supplied to replace any or all of the three crates provided to each household at the beginning of the service rollout.

b.     Agree to Waste Minimisation Officers developing a policy with regards to the charges related to kerbside collection receptacles that incorporates the contract parameters, fairness and looking after our assets.

 

Carried

 

 


 

5.    Actions From Previous Meetings

Type of Report:

Procedural

Legal Reference:

N/A

Document ID:

878880

Reporting Officer/s & Unit:

Devorah Nícuarta-Smith, Team Leader Governance

 

5.1   Purpose of Report

To present the actions from previous meetings for awareness.

 

At the meeting

Councillor Taylor advised that Sport HB confirmed there is no council appointment to Sport HB.

Mayor Wise advised that the financial risk of removing the Napier Conference Centre signage item can be closed out as the signage has already been removed.

 

Council resolution

Councillors Tapine / Crown

That Council:

a.     Note the actions from previous meetings along with their current status.

 

Carried

 


 

REPORTS / RECOMMENDATIONS FROM THE STANDING COMMITTEES

 

 

Reports from Audit and Risk Committee held 5 December 2019

 

1.    Health and Safety Report

Type of Report:

Operational

Legal Reference:

N/A

Document ID:

871748

Reporting Officer/s & Unit:

Sue Matkin, Manager People & Capability

 

1.1   Purpose of Report

The purpose of the report is to provide the Audit and Risk Committee with an overview of the health and safety performance as at 31 October 2019.

 

 

At the meeting

There was no discussion on this item.

Council resolution

Councillors Tapine / Boag

That Council:

a.     Receive the Health and Safety report as at 31 October 2019.

Carried

 


 

2.    Risk Management Report November 2019

Type of Report:

Information

Legal Reference:

N/A

Document ID:

873301

Reporting Officer/s & Unit:

Ross Franklin, Consultant

 

2.1   Purpose of Report

To provide the Audit and Risk Committee with an update on progress with risk management work and to report on the highest paid risks.

 

 

At the meeting

There was no discussion on this item.

Council resolution

Councillors Tapine / Boag

That Council:

a.     Note the Risk Management Work being undertaken by Napier City Council staff and management.

b.     Note the current Major risks.

c.     Receive the Risk Report dated 22 November 2019.

Carried

 


 

3.    Audit and Risk Committee Charter

Type of Report:

Procedural

Legal Reference:

N/A

Document ID:

873943

Reporting Officer/s & Unit:

Adele Henderson, Director Corporate Services

 

3.1   Purpose of Report

The purpose of this report is to advise the incoming committee of the committee charter and of the recommendation for the charter to be reviewed over the next 12 months.

 

 

At the meeting

There was no discussion on this item.

Council resolution

Councillors Tapine / Boag

That Council:

a.     Note and discuss the current Audit and Risk Committee Charter and make any recommended changes

Carried

 


 

4.    Proposed Audit and Risk Committee 2020 meeting calendar

Type of Report:

Operational

Legal Reference:

N/A

Document ID:

871747

Reporting Officer/s & Unit:

Caroline Thomson, Chief Financial Officer

 

4.1   Purpose of Report

To consider the proposed timetable of meetings for the Audit and Risk Committee in 2020, as detailed below.

 

 

At the meeting

There was no discussion on this item.

Council resolution

Councillors Tapine / Boag

That Council:

a.     Receive the proposed timetable of meetings for the Audit and Risk Committee for 2020.

Carried

 


 

6.    Sensitive Expenditure: Mayor and Chief Executive

Type of Report:

Operational and Procedural

Legal Reference:

N/A

Document ID:

871750

Reporting Officer/s & Unit:

Caroline Thomson, Chief Financial Officer

 

6.1   Purpose of Report

To provide the information required for the Committee to review Sensitive Expenditure of the Mayor and Chief Executive for compliance with Council’s Sensitive Expenditure Policy.

 

 

At the meeting

There was no discussion on this item.

Council resolution

Councillors Tapine / Boag

That Council:

a.     Receive the report of Sensitive Expenditure for the Mayor and Chief Executive and review for compliance with the Sensitive Expenditure Policy.

Carried

 


 

7.    External Accountability: Audit New Zealand Management Report

Type of Report:

Information

Legal Reference:

Local Government Act 2002

Document ID:

871746

Reporting Officer/s & Unit:

Caroline Thomson, Chief Financial Officer

 

7.1   Purpose of Report

To consider the Audit NZ management report to the Council on the audit of Napier City Council for the year ended 30 June 2019 (to be tabled at the meeting).

 

 

At the meeting

There was no discussion on this item.

Council resolution

Councillors Tapine / Boag

That Council:

a.     Receive the Audit NZ management report to the Council on the audit of Napier City Council for the year ended 30 June 2019.

Carried

 


 

8.    External Accountability: Investment and Debt Report

Type of Report:

Operational

Legal Reference:

N/A

Document ID:

871749

Reporting Officer/s & Unit:

Caroline Thomson, Chief Financial Officer

 

8.1   Purpose of Report

To consider the snapshot report on Napier City Council’s Investment and Debt as at 31 October 2019.

 

 

At the meeting

There was no discussion on this item.

Council resolution

Councillors Tapine / Boag

That Council:

a.     Receive the snapshot report on Napier City Council’s Investment and Debt as at 31 October 2019.

Carried

 


 

9.    Internal Audit: Community Grants Management

Type of Report:

Operational

Legal Reference:

Local Government Act 2002

Document ID:

872363

Reporting Officer/s & Unit:

Caroline Thomson, Chief Financial Officer

 

9.1   Purpose of Report

To table to the Committee the internal audit on community grants management undertaken by Council’s internal auditors, Crowe Horwath.

 

 

At the meeting

There was no discussion on this item.

Council resolution

Councillors Tapine / Boag

That Council:

a.     Receive the report from Crowe Horwath titled ‘Community Grants Management’.

Carried

 


 

5.    Financial Delegation

Type of Report:

Legal and Operational

Legal Reference:

Local Government Act 2002

Document ID:

869923

Reporting Officer/s & Unit:

Adele Henderson, Director Corporate Services

 

5.1   Purpose of Report

To review and approve the Chief Executive’s financial and non-financial delegation

 

At the meeting

It was noted that the recommendation taken to the Audit and Risk Committee was to increase the Chief Executive’s financial delegation from $500,000 to $1M. The committee did not make a recommendation to Council; however, noted that the independent members supported the increase. The other members of the Audit and Risk Committee, Councillors Simpson and Taylor, confirmed that they also supported the original recommendation, noting that it was reasonable for that level of expenditure to be increased. The Mayor expressed concerns around the public perception of any increase, with regard to process and transparency.

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

·         The delegation has not been reviewed for at least 10 years. Officers confirmed that the delegation could be reviewed at any time.

·         Hastings District Council Chief Executive’ financial delegation is $5M and the Chief Executive Officer of EIT is $1M.

·         The financial delegation only applies to items within Council’s approved plans and budgets, anything outside of this would be required to come back through Council.

·         Council sets the financial delegation for the Chief Executive and the Chief Executive then sets the financial delegations for staff.

·         Any large projects go through the Tenders committee.

Councillors noted their preference that the Chief Executive’s financial delegation be brought back to Council for review say every three years.

Councillor Browne left the meeting at 12.54pm, part way through the discussion on this item, and did not participate in the vote.

 

Committee's recommendation

That Council:

a.    Note the recommendation of the report to increase the financial delegation to the Chief Executive from $500k to $1M, and provide feedback that the independent members support this recommendation while the Mayor’s preference is to retain the current delegation 

b.    Approve the Delegation to the Chief Executive document dated 5 December 2019 subject to Council financial delegation approval

Council resolution

Substitute motion

Councillors Taylor / Price

That Council:

a.   Approve an increase of the financial delegation to the Chief Executive from $500k to $1M.

b.   Approve the Delegation to the Chief Executive document dated 5 December 2019.

The motion was carried by 7 votes to 4 votes the voting being as follows:

For:                 Councillors Price, Taylor, Chrystal, Crown, Mawson, Simpson and Tapine

Against:         Mayor Wise, Deputy Mayor Brosnan, Councillors Boag and McGrath

Carried

 

 


 

Reports Under Delegated Authority

 

1.    Resource Consents

Type of Report:

Information

Legal Reference:

N/A

Document ID:

877879

Reporting Officer/s & Unit:

Cheree Ball, Governance Advisor

 

1.1   Purpose of Report

To present the report on Resource Consents issued under delegated authority for the period 6 November – 30 November 2019.

 

At the meeting

There was no discussion on this item.

Council resolution

Councillors Price / Tapine

That Council:

a.     Resolves to receive the report titled ‘Resource Consents approved 6 November - 30 November 2019’.

 

Carried

 

 


 

2.    Tenders Let

Type of Report:

Information

Legal Reference:

N/A

Document ID:

877927

Reporting Officer/s & Unit:

Cheree Ball, Governance Advisor

 

2.1   Purpose of Report

To report the Tenders let under delegated authority for the period 6 November – 5 December 2019.

 

At the meeting

There was no discussion on this item.

Council resolution

Councillors Price / Tapine

That Council:

a.     Receive the report for Tenders Let under delegated authority for the period 6 November – 5 December 2019.

 

Carried

 

 


 

3.    Documents Executed Under Seal

Type of Report:

Information

Legal Reference:

N/A

Document ID:

877923

Reporting Officer/s & Unit:

Cheree Ball, Governance Advisor

 

3.1   Purpose of Report

To report on the Documents Executed under Seal for the period 6 November – 5 December 2019.

 

At the meeting

There was no discussion on this item.

Council resolution

Councillors Price / Tapine

That Council:

a)     Receive the report for Documents Executed under Seal for the period 6 November – 5 December 2019.

 

Carried

  

 


 

PUBLIC EXCLUDED ITEMS

 

Council resolution

Dep. Mayor Brosnan / Councillor Mawson

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

Carried

 

Agenda Items

1.         C1225 - Kerbside Waste Collection Services Contract

2.         Actions From Previous Meetings - Public Excluded Items

 

The general subject of each matter to be considered while the public was excluded, the reasons for passing this resolution in relation to each matter, and the specific grounds under Section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution were as follows:

General subject of each matter to be considered.

Reason for passing this resolution in relation to each matter.

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

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

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

Agenda Items

1.  C1225 - Kerbside Waste Collection Services Contract

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

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

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

2.  Actions From Previous Meetings - Public Excluded Items

7(2)(c)(i) Protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to prejudice the supply of similar information or information from the same source and it is in the public interest that such information should continue to be supplied

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

 

The meeting moved into committee at 1.03pm.

 

 

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

 

 

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

 

 

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

 

 


 

Attachment A – HBAL Presentation

 

 



[1] Excluding liability management and investment policies