Agenda of Extraordinary Meeting of Council

Extraordinary Meeting of Council - 24 March 2020 - Open Agenda Item 1

Agenda Items

1. Emergency Delegations for National COVID-19 Alert Four Implementation

Type of Report:	Legal and Operational
Legal Reference:	Local Government Act 2002
Document ID:	914532
Reporting Officer/s & Unit:	Devorah Nícuarta-Smith, Team Leader Governance

1.1 Purpose of Report

To request emergency delegations during the period of COVID-19 Alert 4 restrictions.

Officer’s Recommendation

That Council:

a. Adjust the quorum of its four standing committees to two, the lowest possible number under the Local Government Act 2002, to facilitate meetings continuing with virtual attendance where possible during the Alert Four restrictions set by the New Zealand government

i. Those committees being:

· Sustainable Napier

· Future Napier

· Napier People and Places

· Prosperous Napier

b. Delegate to the four standing committees decision-making authority on its behalf for all matters which are able to be delegated by a local authority under the Local Government Act 2002, during the Alert Four restrictions set by the New Zealand government

i. Noting that this delegation excludes the following matters as per clause 32(1) Schedule 7 Local Government Act 2002:

· The power to make a rate

· The power to make a bylaw

· The power to borrow money, or purchase or dispose of assets, other than in accordance with the Long Term Plan

· The power to adopt a Long Term Plan, Annual Plan or Annual Report

· The Power to appoint a Chief Executive

· The power to adopt policies required to be adopted and consulted on under the Local Government Act 2002 in association with the Long Term Plan or developed for the purpose of the Local Governance Statement

· The Power to adopt a remuneration and employment policy.

ii. Noting that all decisions made by these committees of the whole must be reported to Council as soon as is practicable in the circumstances

c. Authorise the Chief Executive (including anyone appointed to the office in an Acting capacity) delegation to make decisions in respect of urgent matters, as an emergency power to be exercised only to the extent that the Council is prevented from making decision in the circumstances, to ensure the continuation of council services to the extent possible during the COVID-19 Alert Four setting, from the time of resolution until such time as the Alert level is reduced by the government for Hawke’s Bay.

i. Noting that this delegation is in addition to any existing delegations already held by the Chief Executive

ii. Noting that the Chief Executive will, so far as is practicable in the circumstances, consult with the Mayor, Deputy Mayor and standing committee chairs before exercising this delegation to make decisions

iii. Noting that this delegation excludes the matters not able to be delegated by Council as per clause 32(1) Schedule 7 Local Government Act 2002

iv. Further noting that the Acting Chief Executive Neil Taylor has confirmed his willingness to continue in the role as required

Mayor’s Recommendation

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

1.2 Background Summary

The New Zealand government announced in the early afternoon of 23 March 2020 that the alert level from COVD-19 virus was increased to Level Three effective immediately, and would be increased to level Four in 48 hours of the announcement.

This has significant implications for the workings of Council, which under the Local Government Act 2002 requires physical presence for quorum to be met, and therefore decisions to be made.

In order to provide as much flexibility as possible for Council to continue as an essential service during these restrictions, it is proposed to ensure that preparations are in place to allow meetings to continue as and when possible, and appropriate delegation is provided to an individual where a decision is required and Council is not in a position to make it under the current law.

It should be noted that the government may change the law (for example through the Emergency Preparedness Act 2006) so that the Council can make lawful decisions without the need for physical meetings.

The recommendations therefore outline proposed adjustments to the quorum and decision-making powers of the four standing committees, so that these bodies may be used as a mechanism for decision-making where physical quorum of at least two is possible. This may occur at such as time as the restrictions are reduced, or in the event that government changes the law.

The quorum of Council itself cannot currently be reduced as it is set by the Local Government Act 2002 at a majority of members where the total number is uneven (as is the case for Napier). The adjustment of quorum for the standing committees (which are each comprised of all elected members) to the lowest number allowed by the Act, and the delegation of such decision making powers as is possible under the Act (excluding those powers outlined in clause 32(1) Schedule 7 Local Government Act 2002, therefore provides a good option for flexibility when a [physical] quorum of two people is possible.

Further, the recommendation has been made by Council’s legal advisors and LGNZ that appropriate delegation be provided to an individual to ensure that decisions can be made as an emergency power to the extent that Council is prevented from making decisions by the circumstances. It is proposed that this delegation be made to the Chief Executive as the principal administrative officer of Napier City Council.

1.3 Issues

N/A

1.4 Significance and Engagement

N/A

1.5 Implications

Financial

The delegation to the Chief Executive is required to ensure that Council can continue its essential functions during the Alert Four setting.

Social & Policy

N/A

Risk

Council’s ability to function will be severely compromised in the absence of the ability to make decisions and the recommendations are considered necessary in the unprecedented circumstances to ensure that essential functions may continue.

1.6 Options

The options available to Council are as follows:

a. To resolve as recommended to allow essential functions to continue.

1.7 Development of Preferred Option

As above

1.8 Attachments

Nil

Extraordinary Meeting of Council - 24 March 2020 - Open Agenda Item 2

2. Cemetery Presale of burial plots

Type of Report:	Operational
Legal Reference:	Local Government Act 2002
Document ID:	914698
Reporting Officer/s & Unit:	Adele Henderson, Director Corporate Services

2.1 Purpose of Report

To allow the Chief Executive the delegated powers to halt any pre sales of burial plots for two months or longer if required

Officer’s Recommendation

That Council:

a. Approve delegated powers to the Chief Executive to halt any presale of burial plots for a period of two months or longer as required

Mayor’s Recommendation

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

2.2 Background Summary

The current fees and charges allows for the sale of burial plots in advance. Due to the potential risk associated with Covid-19 to the community, it was considered prudent to temporarily stop this practice to ensure that the current capacity within the cemeteries is prioritised towards any Covid-19 related requirements.

2.3 Issues

n/a

2.4 Significance and Engagement

n/a

2.5 Implications

Financial

n/a

Social & Policy

Note this recommendation is consistent with the Napier City Council Cemeteries Bylaw 2014 and the Burial and Cremations Act 1964.

Risk

That sufficient burial plots are not available during the pandemic

2.6 Options

The options available to Council are as follows:

a. Adopt the recommendation to provide the Chief Executive with delegations to halt the presale of burial plots for a period of two months or longer as required

b. Not adopt the recommendation and continue with the status quo

2.7 Development of Preferred Option

Adopt the recommendation to provide the Chief Executive with delegations to halt the presale of burial plots for a period of two months or longer as required

2.8 Attachments

Nil

Extraordinary Meeting of Council - 24 March 2020 - Open Agenda Item 3

3. Covid-19 Update

Type of Report:	Legal and Operational
Legal Reference:	N/A
Document ID:	914729
Reporting Officer/s & Unit:	Neil Taylor, Acting Chief Executive

3.1 Purpose of Report

To provide both a written and verbal update to Council as at 24 March 2020 with the measures that Napier City Council have undertaken to date around the pandemic Covid-19.

Officer’s Recommendation

That Council:

a. Receive a verbal update from Antoinette Campbell, Napier Civil Defence Controller

b. Note the actions that Council are undertaking in response to Covid-19 as of 24^th March 2020

c. Note the Essential Services list as distributed by Central Government that provides clarity around what services are required to continue during the lock down period

d. Note that Council may wish to consider postponement of rates for special circumstances as a result of Covid-19, under the Rates Postponement Policy where appropriate

e. Note that the Council have delayed is consultation of the Annual Plan 2020/21 as it consider the impacts from Covic-19. This will result in a new consultation timeline and will mean that Council is unlikely to meet its statutory timeframe for adoption of 30 June 2020.

f. Note any other action that Council deems appropriate at this time

Mayor’s Recommendation

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

3.2 Background Summary

· Note that the National Crisis Management Centre was activated on 16^th March 2020

· Note that the Hawkes Bay Civil Defence have been activated and providing Situation reports daily

· Note that the Napier City Council Incident Management Team was activated Monday 23^rd March

The following updates have been provided to Council to date:

Key messages to Councillors 24^th March 2020

As you will know, our organisation is now operating at Level 3 – Restrict – where community transmission has occurred, and are preparing to operate at Level 4 – Eliminate - where only essential services can be carried out (Attachment A). Civil defence emergency management is one such essential service pertaining to local government.

Over the weekend, while we were at Level 2 – Reduce, we made the decision to close Freedom Camping facilities, the Municipal Theatre and review how we could reduce service levels across our facilities.

Yesterday after the Prime Ministers announcement, all our facilities were closed to the public with the exception of Kennedy Park. We still have guests (mainly international visitors) at the park including motor homes that had nowhere else to go to when the Freedom Camping areas were closed. The essential services list includes accommodation for emergency housing so for now, we are assuming that our visitors are in our accommodation for emergency purposes and will ensure they are registered with the appropriate authority. We are seeking guidance from MBIE on this to ensure we are compliant.

While not on the essential services list, we do still need to maintain life support systems and animal welfare at the Aquarium and also the Animal Shelter. The shelter will be closed to the public and accessed by appointment only. The swimming pools will continued to be maintained daily in terms of chemical dosing and pumps and filtration (and the Pool Cat will be fed).

Public toilets are being closed and the Depot is closed to the public. Litter bins will be emptied once a day and domestic refuse and recycling will continue as is. There are two teams set up from different locations to run the three-water operations.

Where possible, staff are being mobilised to work from home however this is not possible for all our staff, particularly if they have a customer-facing role. We are asking staff to make themselves available for the emergency management response in welfare roles.

Key messages to Staff and Council Monday 23^rd March

As Prime Minister Jacinda Ardern announced earlier, New Zealand is now in COVID-19 Alert Level 3, and the entire country will be in Level 4 in 48 hours’ time, for a period of at least four weeks.

These are unprecedented times for New Zealand, and will mean a significant change for everyone. The Senior Leadership Team support this move, as the Government looks to limit any widespread outbreak as quickly as possible.

Moving to Level 3 means that all our Council facilities have closed immediately, and we are currently communicating this information to all staff, and our community.

Planning for Level 4 has also started. Staff who are deemed essential to maintain Council services are still needed at work. Director of City Services, will be liaising directly with those people.

At Level 4, which will come into force on Wednesday 25 March, there are a number of measures that need you need to be aware of. These include:

· People instructed to stay at home

· Educational facilities closed

· Businesses closed except for essential services (e.g. supermarkets, pharmacies, clinics) and lifeline utilities

· Rationing of supplies and requisitioning of facilities

· Travel severely limited

· Major reprioritisation of healthcare services

This morning the Senior Leadership Team met to outline Napier City response to the Level 2 alert that was announced by Prime Minister Jacinda Ardern on Saturday afternoon, in response to COVID-19. Fortunately, due to the planning and preparation that has occurred across the organisation over the past month, we are in a very good position to respond extremely quickly.

3.3 Issues

n/a

3.4 Significance and Engagement

n/a

3.5 Implications

Financial

There are significant financial impacts from Covid-19 that cannot be fully quantified at this time. All fees and charges income associated with our facilities including Aquarium, Kennedy Park, i-Site, Municipal Theatre, Conference Centre, Sportsgrounds, McLean Park, Halls, Building Consents, Animal Control, Parking are all being impacted with closure.

This income will mean that Council will face a net operating deficit this financial year due to unprecedented and unforeseen circumstances when it prepares its Annual Report 2019/20.

Council was due to adopt for consultation its consultation document and draft Annual Plan for 2020/21, however, will be holding back on completing this until a better understanding of the impacts of Covid-19 can be ascertained and a revised plan provided to the community

This late change will impact on Councils ability on meeting its statutory deadline of 30 June 2020 for the Annual Plan. A revised timeline will be provided to Council as soon as practicable.

Social & Policy

Council may like to consider and set direction to Council officers to allow for hardship to be considered for the postponement of rates and is considered under the Postponement for Special Circumstances.

Risk

Due to the fast evolving nature of the pandemic and our need to respond urgently a full risk assessment has not been undertaken, however, Council should be aware of the following risks (but not limited to):

· Widespread Covid-19 pandemic impact within the community even after Level 4 measures have been put in place

· Risks of key staff being impacted by Covid-19, mitigated with Business Continuity Plans being put in place

· Risk of significant death toll that may impact space availability at the cemetery, ability of the crematorium to meet demand and mass graves being required

· Financial risk associated with facility closures

· Ability of network to deal with volume and scale of people who will be required to work from home

· Ability of staff to respond to community needs during the Level 4 period

· Risk to the supply chain for essential services requirements including the ability to fix issues if they arise

· That many businesses are facing huge uncertainty at this time, even with the Central Government packages available to them

That the teams responsible for key services such as water and waste may be impacted by the virus, although mitigations such as isolation are in place and a Business Continuity plan is in place

3.6 Options

n/a

3.7 Development of Preferred Option

n/a

3.8 Attachments

a Essential services list ⇩

b Media Release - Closing Doors Monday 23rd March ⇩

Meeting Date:	Tuesday 24 March 2020
Time:	3.30pm
Venue:	Large Exhibition Hall War Memorial Centre Marine Parade Napier

Council Members	Mayor Wise, Deputy Mayor Brosnan, Councillors Boag {by Zoom], Browne, Chrystal [by Zoom], Crown [by Zoom], Mawson, McGrath, Price, Simpson, Tapine, Taylor [by Zoom], Wright [by Zoom]
Officer Responsible	Chief Executive
Administrator	Governance Team
	Next Council Meeting TBA