Minutes of Ordinary Meeting of Council

Ordinary Meeting of Council - 12 March 2020 - Open Minutes

Agenda Items

1. Local Governance Statement

Type of Report:	Procedural
Legal Reference:	Local Government Act 2002
Document ID:	352801
Reporting Officer/s & Unit:	Devorah Nícuarta-Smith, Team Leader Governance

1.1 Purpose of Report

To present the current 2020 Local Governance Statement prior to it being made public as required under the Local Government Act 2002.

At the meeting

The Team Leader Governance advised that this is the last of the mandatory documents required post-election and a useful way to provide high-level information to the public in one place about the activities and functions of council.

It was noted that the Statement is a living document which will be kept up-to-date as relevant information changes.

Officer’s Recommendation

That Council:

a. Note the current version of the Local Governance Statement, recognising that it is a live document which will be maintained over the triennium

i. Note that the document will be made publicly available via Council’s website, and a copy held at each Library and the Customer Service Centre.

b. Confirm the updates to the external appointments in Appendix Three “Governance Structure”

i. Correction from Hawke’s Bay Sports Council to Sports Hawke’s Bay

ii. Additional appointment – Howard Estate Advisory Board – Michelle Monteith

iii. Additional appointment – Pukemokimoki Marae Trust – Cr Hayley Browne

iv. Additional appointment – Te Matau a Maui trust – Barbara Arnott

Council resolution

Councillors Chrystal / Boag

That Council:

a. Note the current version of the Local Governance Statement, recognising that it is a live document which will be maintained over the triennium, and amended where appropriate.

i. Note that the document will be made publicly available via Council’s website, and a copy held at each Library and the Customer Service Centre.

b. Confirm the updates to the external appointments in Appendix Three “Governance Structure”

i. Correction from Hawke’s Bay Sports Council to Sports Hawke’s Bay

ii. Additional appointment – Howard Estate Advisory Board – Michelle Monteith

iii. Additional appointment – Pukemokimoki Marae Trust – Cr Hayley Browne

iv. Additonal appointment – Te Matau a Maui trust – Barbara Arnott

Carried

2. Hawke's Bay Museums Trust Statement of Intent and Financial Reporting

Type of Report:	Operational
Legal Reference:	Local Government Act 2002
Document ID:	905626
Reporting Officer/s & Unit:	Chris Denby, Finance Accountant

2.1 Purpose of Report

To receive the Hawke’s Bay Museums Trust Financial Report for the six months ended 31 December 2019 and Statement of Intent 2020-22.

At the meeting

The Director Corporate Services spoke to the report, noting that it is a requirement under legislation for the Museums Trust (as a Council Controlled Organisation) to provide the Statement of Intent for council’s feedback within the next month. It was noted that no major adjustments have been made as stability is the current focus.

Council resolution

Councillors Wright / Crown

That Council:

a. Note the Hawke’s Bay Museums Trust Financial Report for the six months ended 31 December 2019.

b. Adopt the Hawke’s Bay Museums Trust Statement of Intent 2020-22

Carried

3. Joint Committee Minutes - Omarunui Refuse Landfill and Clifton to Tangoio Coastal Hazards Strategy

Type of Report:	Operational
Legal Reference:	Local Government Official Information and Meetings Act 1987
Document ID:	905058
Reporting Officer/s & Unit:	Cheree Ball, Governance Advisor

3.1 Purpose of Report

To receive the unconfirmed minutes of the Omarunui Refuse Landfill Joint Committee meeting held on 13 December 2019 and the Clifton to Tangoio Coastal Hazards Strategy Joint Committee meeting held on 4 February 2020.

At the meeting

Mayor Wise congratulated Cr Tapine on his appointment as Deputy Chair of the Omarunui Refuse Landfill Committee and also the Deputy Mayors of Napier City and Hastings District Council for their appointments in the Clifton to Tangoio Coastal Hazards Joint Committee.

A workshop for all three councils involved in the Clifton to Tangoio coastal hazards work is intended, to provide an update the work done so far and how the contributory fund will be managed.

It was noted that the word “deputy” had been omitted in the committee minutes in relation to Cr Tapine’s appointment – this will be provided back to the administrator to make the correction.

The community was reminded of the costs to managing waste for a city, and to consider what is purchased and how it is disposed of.

Council resolution

Councillor McGrath / Dep. Mayor Brosnan

That Council:

a. Receive the unconfirmed minutes of the Omarunui Refuse Landfill Joint Committee meeting held on 13 December 2019.

b. Receive the unconfirmed minutes of the Clifton to Tangoio Coastal Hazards Strategy Joint Committee meeting held on 4 February 2020.

Carried

4. Actions From Previous Meetings

Type of Report:	Procedural
Legal Reference:	N/A
Document ID:	906392
Reporting Officer/s & Unit:	Cheree Ball, Governance Advisor

4.1 Purpose of Report

To present the actions from previous meetings for awareness.

At the meeting

In response to questions from councillors, it was advised that the projected timeframe for the second dechlorinated water station is end of June 2020, once consenting matters are worked through. The preferred site is immediately north of the aquarium as existing parking will provide safe access.

A working party will be established in relation to the civic precinct and a report is being drafted to Council outlining the proposed next steps.

Council resolution

Councillors Taylor / Boag

That Council:

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

Carried

REPORTS / RECOMMENDATIONS FROM THE STANDING COMMITTEES

Reports from Sustainable Napier Committee held 13 February 2020

1. National Aquarium Detailed Business Case

Type of Report:	Procedural
Legal Reference:	N/A
Document ID:	841656
Reporting Officer/s & Unit:	Antoinette Campbell, Director Community Services

1.1 Purpose of Report

The purpose of the report is to receive the National Aquarium of New Zealand Detailed Business Case (DBC), approve the communications and engagement plan, and apply to the Provincial Growth Fund and Government for funding.

At the meeting

Following discussion, some minor amendments were made to the Committee’s recommendation for clarity about the project dependencies, and specific gateways in relation to any central government funding provision.

Committee's recommendation

That Council:

a. Receive the National Aquarium Detailed Business Case.

b. Receive the National Aquarium and Oceans Centre Concept Design.

c. Note Council’s view that this project is of National significance and has outgrown Council’s capacity to resource and lead.

d. Note Council’s support and endorsement for the concept and this facility’s ongoing presence in Napier.

e. Confirms it will not further the project as set out in the detailed business case without:

· Government capital support of a minimum of $35Million.

· a commitment to ongoing operational costs from Government in recognition that the facility is of National significance.

· the conversations with Government being reported back to Council along with recommendations on the next steps.

f. Approve the high level Communications and Engagement Plan and commence community engagement following Central Government endorsement as detailed in part e.

g. Resolve to apply to the Ministry of Business, Innovation and Employment (MBIE) Provincial Growth Fund (PGF) and other government funds for funding pending meeting with relevant Ministers.

The motion was declared carried by 12 votes to 1 vote. Councillor Tapine voted against the motion

Substitute Motion

Council resolution

Dep. Mayor Brosnan / Councillor Simpson

That Council:

a. Receive the National Aquarium Detailed Business Case.

b. Receive the National Aquarium and Oceans Centre Concept Design.

c. Note Council’s view that this project is of National significance and has outgrown Council’s capacity to resource and lead.

d. Note Council’s support and endorsement for the concept and this facility’s ongoing presence in Napier.

e. Confirms it will not further the project as set out in the detailed business case without:

· Central Government capital support of a minimum of $35Million.

· a commitment to ongoing operational costs from Central Government in recognition that the facility is of National significance.

· Note should the matters in E not be met, conversations with central government will be reported back to Council as a decision gateway on next steps (to be workshopped).

f. Approve the high level Communications and Engagement Plan and commence community engagement following Central Government endorsement as detailed in part e.

g. Resolve to apply to the Ministry of Business, Innovation and Employment (MBIE) Provincial Growth Fund (PGF) and other government funds for funding pending meeting with relevant Ministers.

Carried

Reports from Napier People and Places Committee held 27 February 2020

1. Hawke's Bay Civil Defence Emergency Management Group Annual Report 2018/19

Type of Report:	Information
Legal Reference:	N/A
Document ID:	896904
Reporting Officer/s & Unit:	Antoinette Campbell, Director Community Services

1.1 Purpose of Report

To receive the Hawke’s Bay Civil Defence Emergency Management Group Annual Report 2018/19.

At the meeting

There was no discussion on this item.

Council resolution

Councillors Wright / Boag

That Council:

a. Receive the Hawke’s Bay Civil Defence Emergency Management Group Annual Report 2018/19.

Carried

2. Napier Positive Ageing Strategy

Type of Report:	Operational
Legal Reference:	N/A
Document ID:	881939
Reporting Officer/s & Unit:	Michele Grigg, Senior Advisor Policy

2.1 Purpose of Report

To seek Council approval to adopt the finalised Napier Positive Ageing Strategy, which incorporates feedback on the draft received from the community.

At the meeting

There was no discussion on this item.

Council resolution

Councillors Wright / Boag

That Council:

a. Adopt the final Napier Positive Ageing Strategy.

Carried

3. Safer Napier Programme - Annual Update

Type of Report:	Information
Legal Reference:	N/A
Document ID:	889350
Reporting Officer/s & Unit:	Michele Grigg, Senior Advisor Policy

3.1 Purpose of Report

To provide a summary of the 2018-2019 year of the Safer Napier programme, including key highlights and benefits to Council and the Napier community.

At the meeting

There was no discussion on this item.

Council resolution

Councillors Wright / Boag

That Council:

a. Note the Safer Napier programme update.

Carried

4. Napier Social Monitor Report - 2019

Type of Report:	Information
Legal Reference:	N/A
Document ID:	890440
Reporting Officer/s & Unit:	Michele Grigg, Senior Advisor Policy

4.1 Purpose of Report

To provide a summary of findings from the 2019 Napier Social Monitor report.

At the meeting

There was no discussion on this item.

Council resolution

Councillors Wright / Boag

That Council:

a. Receives the Napier Social Monitor report 2019.

Carried

5. Lease of Reserve - Hawke's Bay Volunteer Coastguard Charitable Trust

Type of Report:	Legal
Legal Reference:	Reserves Act 1977
Document ID:	890479
Reporting Officer/s & Unit:	Bryan Faulknor, Manager Property Jenny Martin, Property and Facilities Officer

5.1 Purpose of Report

To obtain Council approval to enter into a new ground lease with the Trustees of the Hawke’s Bay Volunteer Coastguard Charitable Trust at Meeanee Quay for ten years with one right of renewal.

At the meeting

There was no discussion on this item.

Council resolution

Councillors Wright / Boag

That Council:

a. Recommend Council agree to enter into a ground lease pursuant to Section 61(2A) of the Reserves Act 1977 with the Trustees of the Hawke’s Bay Volunteer Coastguard Charitable Trust for the land on Meeanee Quay, Westshore, with a legal description of Section 4 SO Plan 10927. The lease term to be ten years with one right of renewal and based on Council’s standard format for ground leases to community groups.

Carried

Reports from Prosperous Napier Committee held 27 February 2020

1. Reserve Funding Changes

Type of Report:	Legal and Operational
Legal Reference:	Local Government Act 2002
Document ID:	872505
Reporting Officer/s & Unit:	Adele Henderson, Director Corporate Services

1.1 Purpose of Report

To approve changes to Financial Reserves and reserve funding.

Note: this report was initially taken to the Council meeting held on 19 November 2019 where it was laid on the table.

At the meeting

Significant discussion took place as to whether the proposed transfer of funding would create unintended consequences and impact on possible available funds for the TE Awa development in future. It was agreed that any allocations out of the suburban urban fund would come back to Council for decision, including any proposed ‘earmarking’ of funds for specific purposes.

It was also noted that a specific fund could be set up for particular developments if Council required this in future.

The Te Awa structure plan is under review and the results of this will be brought back to Council.

Committee 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 Wise voted against

Substitute Motion

Council resolution

Councillors Wright / Browne

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)

e. Note the Te Awa Structure Plan will be brought back to Council, at which time the Suburban and Urban Reserve Fund will be reviewed for subsequent funding allocation

Carried

2. Hawke's Bay Airport Ltd Half Year Report to 31 December 2019

Type of Report:	Operational
Legal Reference:	Local Government Act 2002
Document ID:	895314
Reporting Officer/s & Unit:	Caroline Thomson, Chief Financial Officer

2.1 Purpose of Report

To receive the half year report to shareholders from Hawke’s Bay Airport Limited to 31 December 2019.

At the meeting

There was no discussion on this item.

Council resolution

Councillors Taylor / Crown

That Council:

a. Receive the Hawke’s Bay Airport Limited half year report to shareholders, to December 2019.

Carried

3. Digital Property File Fee Amendment

Type of Report:	Operational and Procedural
Legal Reference:	N/A
Document ID:	902624
Reporting Officer/s & Unit:	Rachael Horton, Manager Regulatory Solutions

3.1 Purpose of Report

To review the fee for a digital property file contained in the Schedule of Fees and Charges for 2019/20 with a view to amending the fee and offering an additional service option.

Decision of Council - Prosperous Napier Committee 27 February 2020

Councillors Wright / Boag

That Council:

a. Resolve to amend the fees for digital property files to the following:

Full digital property file $40

Building File only $30

i. A reduced fee of $15 will be charged if a customer subsequently requests a full digital property file on a property after previously only requesting a Building File.

Carried

4. Policy - Council Organisation Appointments and Remuneration

Type of Report:	Operational
Legal Reference:	Local Government Act 2002
Document ID:	902626
Reporting Officer/s & Unit:	Devorah Nícuarta-Smith, Team Leader Governance

4.1 Purpose of Report

To present the Council Organisation Appointments and Remuneration Policy for adoption.

At the meeting

The Team Leader Governance spoke to the updates completed at the request of the committee.

It was raised by councillors that elected members appointed to a CCO will only be so if they hold the appropriate skills and experience, and therefore they should be remunerated at market value in the same way that the professional directors are. It was noted that CCOs bring their Director remuneration proposals to Council for approval so any concerns can be raised on a case by case basis through this process.

Committee's recommendation

That Council:

a. Request Council officer’s to review the required skills and experience criteria and other suggested amendments with regard to wording of the Council Organisation Appointments and Remuneration Policy and bring this back to the next Council meeting for adoption.

Substitute Motion

Council resolution

Councillors Taylor / Browne

That Council:

a. Adopt the Council Organisation Appointments and Remuneration Policy

Carried

Ordinary Meeting of Council - 12 March 2020 - Open Minutes

PUBLIC EXCLUDED ITEMS

Council resolution

Councillors Crown / Simpson

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

Carried

Agenda Items

1. Joint Committee Public Excluded Minutes - Omarunui Refuse Landfill

2. Actions From Previous Meetings - Public Excluded Items

Reports from Prosperous Napier Committee held 27 February 2020

1. Request for Remission for Special Circumstances

2. Recommendations for Appointment to the Napier District Licensing Committee

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. Joint Committee Public Excluded Minutes - Omarunui Refuse Landfill	7(2)(h) Enable the local authority to carry out, without prejudice or disadvantage, commercial activities	48(1)A That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist: (i) Where the local authority is named or specified in Schedule 1 of this Act, under Section 6 or 7 (except 7(2)(f)(i)) of the Local Government Official Information and Meetings Act 1987.
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.
Reports from Prosperous Napier Committee held 27 February 2020
1. Request for Remission for Special Circumstances	7(2)(b)(ii) Protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information	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. Recommendations for Appointment to the Napier District Licensing Committee	7(2)(a) Protect the privacy of natural persons, including that of a deceased person	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 11.08am

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

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

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

Meeting Date:	Thursday 12 March 2020
Time:	10am – 11.08am
Venue	Council Chambers Hawke's Bay Regional Council 159 Dalton Street Napier

Present	Mayor Wise, Deputy Mayor Brosnan, Councillors Boag, Browne, Chrystal, Crown, McGrath, Price, Simpson, Taylor, Wright
In Attendance	Acting Chief Executive, Director Corporate Services, Director Community Services, Director Infrastructure Services, Director City Services, Director City Strategy, Manager Communications and Marketing, Manager Community Strategies, Finance Accountant
Administration	Governance Team