Ordinary Meeting of Council

Open Agenda

 

Meeting Date:

Thursday 16 July 2020

Time:

10.00am

Venue:

Large Exhibition Hall
Napier War Memorial Centre
Marine Parade
Napier

Zoom livestreamed to Council's Facebook page

 

 

Council Members

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

Officer Responsible

Interim Chief Executive

Administrator

Governance Team

 

Next Council Meeting

Thursday 27 August 2020

 

 


Ordinary Meeting of Council - 16 July 2020 - Open Agenda

ORDER OF BUSINESS

Apologies

Mayor Wise

Conflicts of interest

Public forum

Project Prima Volta

Announcements by the Mayor including notification 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, 4 June 2020 be confirmed as a true and accurate record of the meeting.................................................................................... 221

That the Draft Minutes of the Extraordinary Meeting of Council held on Thursday, 11 June 2020 be confirmed as a true and accurate record of the meeting............................................................................. 242

 

Agenda items

1      Procurement Strategy for Transportation projects........................................................... 4

2      Māori Committee meeting 'mechanics'.......................................................................... 85

3      Local Governance Statement updates.......................................................................... 93

4      New Years Eve Funding 2020-2021............................................................................ 184  

Reports / Recommendations from the Standing Committees

Reports from Audit and Risk Committee held 12 June 2020

1      Wastewater Outfall Report.......................................................................................... 186

2      Summary of Napier Water Safety Plan's Risks............................................................ 189

3      Health and Safety Report............................................................................................ 191

4      Draft Annual Plan 2020/21.......................................................................................... 192

5      Sensitive Expenditure - Mayor and Chief Executive.................................................... 194

6      External  Accountability - Investment and Debt Report................................................ 195

7      Risk Management Report June 2020.......................................................................... 196

Reports from Future Napier Committee held 18 June 2020

1      Building Act Changes.................................................................................................. 197

2      Resource Consent Activity.......................................................................................... 199

 

Reports from Napier People and Places Committee held 2 July 2020

1      Library Membership Policy.......................................................................................... 201

Reports from Prosperous Napier Committee held 2 July 2020

1      Licence to Occupy Recreation Reserve - Sunday Market............................................ 202

2      Hawke's Bay Disaster Relief Trust - Council Controlled Organisation Exemption........ 203

Reports under delegated authority

1      Documents Executed under Seal................................................................................ 204

2      Tenders Let................................................................................................................ 206

3      Resource Consents.................................................................................................... 207

 

Minor matters not on the agenda – discussion (if any)

 

Public excluded ........................................................................................................... 216

 


Ordinary Meeting of Council - 16 July 2020 - Open Agenda                                                                                                                     Item 1

Agenda Items

 

1.    Procurement Strategy for Transportation projects

Type of Report:

Operational and Procedural

Legal Reference:

N/A

Document ID:

937168

Reporting Officer/s & Unit:

Sharon OToole, Procurement Lead

Robin Malley, Team Leader Transportation

 

1.1   Purpose of Report

To approve the Napier City Council Procurement Strategy for transportation projects.

 

 

Officer’s Recommendation

That Council:

a.     Approves the Transportation Procurement Strategy

b.     Notes the development of the Napier City Council Procurement Strategy, of which the Transportation Procurement Strategy will be a component.

 

 

1.2   Background Summary

Waka Kotahi New Zealand Transport Agency (Waka Kotahi) requires all approved organisations (i.e. Napier City Council) to have a current procurement strategy that documents the long-term integrated approach to the procurement of transport sector activities funded under s20 of the LTMA. The previous Council Transportation Procurement Strategy was published in 2010, since then there has been significant change internally at Council and also within our supplier markets. The new strategy reflects these changes and supports the continuing improvement of NCCs procurement practices and capabilities.

This new Council Transportation Procurement Strategy covers the procurement of Transportation activities, including professional services, funded from the Long Term Plan and National Land Transport Fund. Council Transportation budgeted expenditure in the LTP for 2018-2028 is $121.1 million including $14.5 million for 2020-21. These funds are invested in achieving community outcomes to meet the current and future needs of the Napier City community for good quality local infrastructure, local public services, and performance of regulatory functions. The Transportation Procurement Strategy has been endorsed by Waka Kotahi.

A major focus of the Procurement Strategy is achieving ‘public value’, ensuring the optimum utilisation of Councils financial resources. This approach recognises that cost alone is not the only indicator of value (as illustrated below).

 Public Value (Government Procurement Rules (4th Edition) 2019)

The Council Transportation Procurement Strategy has been developed to achieve the following strategic procurement objectives, in line with the strategic directives set out in the LTP:

1. Optimise public value – maximising the benefits and outcomes generated by Council’s procurement activities, through ensuring broader outcomes are considered as part of the procurement evaluation.

2. Support delivery of Council objectives through efficient and effective procurement – ensure all procurement activities are conducted in line with Council’s Procurement Principles, including the development and maintenance of competitive supply markets.

3. Build procurement capacity and capability – develop Council’s procurement knowledge, systems, processes, and resources to support efficient and effective procurement to meet and exceed industry best practice.

Sustainability

When procuring services Council will seek opportunities to have a positive impact on the social, environmental and economic aspects of sustainability for our City and the region. A value for money approach considers all costs that Council is likely to incur throughout the entire lifecycle of the goods or services being procured. It is important that Council’s investments deliver the appropriate outcome which is fit for purpose and sufficient to meet the community’s long term requirements. Sustainability has a wide range of impacts on the community, such as:

·     The enhancement of the quality of life to our community

·     Maximising the efficient use of natural resources

·     Reducing Council’s reliance of diminishing energy sources

·     Stimulating growth in the district’s economic output

·     Improving local employment opportunities.

·     The minimisation of waste, pollution, noise or traffic


 

Legislative and policy framework

In undertaking procurement activities, Council must operate within a policy framework which includes wider Council strategic objectives and outcomes, Ministry of Business, Innovation and Employment (MBIE) and Waka Kotahi procurement rules, and a legislative and regulatory framework. This section will provide an overview of these policy areas, as outlined in the framework below:

The Council Transportation Procurement Strategy addresses how the transportation activities and services that have been identified through the LTP and Annual Plan processes will be delivered. It addresses both the major capital projects that have been planned and also the operational ‘business as usual’ procurements which are required. In particular, this Strategy shows how Council intends to procure the work identified in the Long Term Plan and provides information on:

·     the importance of procurement to achieving its overall goals and business strategy;

·     delivering economic, social, cultural and environmental outcomes through procurement;

·     the policy context within which this strategy exists;

·     the types of procurement Council undertakes;

·     the value and risk associated with procurement;

·     the current Hawkes Bay procurement environment;

·     Council’s approach to delivering the procurement programme; and

·     the implementation of this Strategy.

1.3   Significance and Engagement

N/A

1.4   Implications

How Council procures services can have far reaching impacts for the Napier community. The quality of these services will influence the durability, reliability and long term life expectancy of infrastructure assets. Even marginal gains, such as extending asset lives by 1% can create net present value of several million dollars across the asset portfolio. The value for money achieved through Council’s procurement activities will affect the affordability of core council services and therefore have a significant impact on the level of rates revenue required. NCCs procurement practices can impact on employment and the local economy given that supply chain partners may also be members of the Hawkes Bay community.

Council wide procurement strategy

Council is currently developing a Council wide procurement strategy which will encompass a wider range of Council activities, including the consideration of securing broader outcomes for the community. The Transportation Procurement Strategy will form part of this wider strategy and will need to be reviewed to ensure alignment with the Council Wide Strategy once it is completed. If at that time the Transportation Procurement Strategy is revised, it will need to be resubmitted to Waka Kotahi for endorsement.

Financial

N/A

Social & Policy

The Transportation Procurement Strategy has been developed in the context of Government procurement policy embracing ‘Broader Outcomes’ with a view to considering Well Beings across all types of public investment. The application of these principles in Napier requires further exploration through the development of the Council Procurement Strategy. This will then influence the review of the Transportation Procurement Strategy.

Risk

The procurement environment within which Napier City Council operates presents a range of challenges and opportunities including:

·     Provincial location and relatively small value contracts limiting interest from contractors from out of the region;

·     Local contractor resource shortages;

·     Close proximity to four other local government authorities with similar procurement demands and programmes;

·     High demand for infrastructure and commercial construction services;

·     Increasing skill shortages in asset management, procurement, project management and contract management (impacting on both capability and capacity);

·     Responding to Governments expectations on how Napier City Council should conduct its procurement activities to achieve public value and broader outcomes;

·     Responding to changes to Health and Safety legislation and Worksafe guidelines and rules; and

·     Encouraging the local supply chain to increase participation with Council, while maintaining quality of work delivered.

The strategic approach to procurement will seek to consider and address these.

There are also risks associated with Napier City Council not having a current procurement strategy that has been endorsed by Waka Kotahi. An approved procurement strategy is an indicator that Council is a “safe pair of hands” to manage activities funded under section 25 of the Land Transport Management Act 2003. Council’s approval of this report and the attached procurement strategy will address this risk.

Without an approved procurement strategy it is likely that any pre-approval of funding would be limited and instead Council would need to gain individual approval of funding requests on a project by project basis. This would add time and administrative costs to transportation projects. Activities procured in this manner would still need to satisfy all the provisions of the Waka Kotahi Procurement Manual. There is also a likelihood that the frequency of external audits completed by Waka Kotahi would increase. These currently occur three yearly. An increase in the frequency of audits would again place a greater administrative burden on Council staff with minimal internal benefits.

The very worst case scenario would be Waka Kotahi not co-funding any investment with Napier City Council. The current (2018/21) 3 year work programme includes over $18m of approved funding assistance. 

1.5   Options

The options available to Council are as follows:

a.     Endorse the Council Transportation Procurement Strategy

b.     Do not endorse the Council Transportation Procurement Strategy

c.     Endorse with amendments the Council Transportation Procurement Strategy

1.6   Development of Preferred Option

The Risk section of this report provides a summary of the consequences of not having a current Waka Kotahi approved NCC Transportation Procurement Strategy. The potential financial and process penalties for Council are considerable.

The regulatory framework for Waka Kotahi co-investment provides clear guidance to all investment partners of the expectations around the responsible allocation of public funds. This framework has undergone review over recent years to enable (and encourage) organisations to broaden the benefits sought from procurement of goods and services. The core responsibilities of organisations remain constant and it is these responsibilities which form the primary determinants of whether an organisation’s procurement practices are approved by Waka Kotahi.

There is work underway to develop a Council wide Procurement Strategy, which will include a review of the Transportation Procurement Strategy, the recommendation is that minor amendments to the NCC Transportation Procurement Strategy be reserved for consideration in the development the organisational strategy.

The recommended option to endorse the Council Transportation Procurement Strategy ensures that Council can continue to benefit from Waka Kotahi co-investment for the next 3 years. Developing policies and processes to secure additional community value through realising broader outcomes can be introduced as Council confirms its wider direction in relation to community wellbeings.

 

1.7   Attachments

a     Napier City Council Transportation Procurement Strategy

b     Waka Kotahi Endorsement Letter   


Ordinary Meeting of Council - 16 July 2020 - Attachments

 

Item 1

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Ordinary Meeting of Council - 16 July 2020 - Attachments

 

Item 1

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Ordinary Meeting of Council - 16 July 2020 - Open Agenda                                                                                                                     Item 3

2.    Māori Committee meeting 'mechanics'

Type of Report:

Operational

Legal Reference:

Local Government Act 2002

Document ID:

942710

Reporting Officer/s & Unit:

Devorah Nícuarta-Smith, Team Leader Governance

 

2.1   Purpose of Report

To present a proposal to re-integrate the Māori Committee into the six-weekly meeting cycle of Council.

 

Officer’s Recommendation

That Council:

a.   Director Officers to re-integrate the Māori Committee into the six-weekly meeting cycle alongside the standing committees, including implementing the processes and system updates required to complete this change

b.   Note the following in relation to the update:

i.          There will be changes in the timing of standing committees within the six weekly cycle to allow for the re-integration to take place

ii.          Māori Committee members will be invited to all Council workshops

iii.         Decisions of Council will no longer be taken at standing committees

iv.         The Māori Committee will be able to lay items on the table, as are standing committees; a process is under development to clarify how any such items will be treated in the upcoming meeting cycle

v.         The InfoCouncil functionality to allow for the flow of information through the standing and Māori committees to Council requires reactivation and there may be some time lag in the update due to the complexity of this process

 

 

2.2   Background Summary

On 3 June 2020, during a Māori Committee workshop session on the Committee Terms of Reference, Officers were requested to explore options for re-integrating the Committee into the six-week meeting cycle of Council, as this was viewed as one way to better facilitate the Committee fully stepping into its purpose and mandate.

Any proposal would need to ensure that:

·      the Māori Committee’s expectations were met regarding information accessibility and the opportunity to discuss and make any recommendations on Council reports

·      the agenda production time frames set by the Mayor for this triennium were honoured

·      the process integrated with Council’s existing agenda production tool (InfoCouncil) and the functionality available

·      there was no loss of workshop time

 

 

Shown at Attachment A is:

·      a brief outline of the current six weekly cycle,

·      a proposal that re-integrates the Māori Committee into the meeting cycle while achieving all the above requirements.

 

It should be noted that the Audit & Risk and Hearings Committees operate outside of the six-weekly structure, and this proposal does not currently include comment on how the Māori Committee would best be kept across information coming through these forums.

Due to their nature, matters coming to extraordinary meetings would need to be addressed on a case by case basis. 

 

2.3   Issues

Outline of proposal

The Māori Committee will have access to the open agendas for all four standing committees at the same time as Councillors, so members are able to read and consider two to three weeks in advance of the Committee hui which reports are of particular interest for discussion. However, while Committee members may indicate early interest in some matters, there would be opportunity to discuss all standing committee reports at the hui if this was desired.

It should be noted that reports taken directly to Council (and therefore not double debated) will bypass this process. There are typically two types of report that are taken straight to Council – those matters which by law cannot be delegated to a Committee, and minor matters such as information-only reports out of other joint committees or external bodies that Council administrates (such as the Creative Communities Committee). It is anticipated that, in the case of the former, the Māori Committee members will have access to information under discussion through other routes (such as Council workshops and informal kōrero). In the case of the latter, generally Council itself is only receiving the information so there is no requirement for feedback from the Māori Committee.

On occasion funding applications may also need to go direct to Council due to timing within external monthly funding rounds.

It is acknowledged that in previous terms some matters have gone straight to Council when they could and should have been double-debated. This is already being addressed within this triennium, and the shift in setting for the Māori Committee will be a useful reiteration of the correct process.

As well as reports to the standing committees, new reports specific to the Māori Committee’s mandate would also be brought through directly to the Committee as required.

Access to the standing committee meeting papers and new reports to the Māori Committee is currently via Council’s website and email. However, a separate workstream has been initiated to provide Māori Committee members with iPads for use during their term as representative, and Council emails and access to Council’s document sharing portal (LG Hub) to better support the provision of information. It should be noted that while it is an organisation that is appointed to the Committee, it is anticipated that the organisational representatives will remain relatively stable over a three-year term, as emails and Hub access will be set up for individuals.

The ‘partner update’ section of the Māori Committee agenda introduced this term would continue, and Committee members will also continue to be able to raise any queries for follow up under a General Business item to be added as standing agenda item (at the discretion of the Chair), so the multi-directional kōrero, which is a particular strength of the current hui, is not lost.

To ensure that the Māori Committee have the most comprehensive opportunity to review and provide input on matters for double debate, no Decisions of Council will be taken at standing committee level on the implementation of the new setting. In the occasional instance where a Council decision is required more promptly than the double debate process allows for, an extraordinary meeting of Council may be required where previously it was not. However, as most matters can be easily prepared for well in advance of a decision being required, it is anticipated that this will be rare. 

All standing committees are able to require that an item be ‘left on the table’ if it is felt that further work is required prior to a recommendation to Council being appropriate. The Māori Committee will also have this ability alongside the standing committees. If the Committee feels that questions have not been addressed appropriately, or that more information is required in order to be able to make an appropriate recommendation to Council under their mandate, then the item will be laid on the table for further follow up by officers, which will then be brought back through the next Māori Committee round and so on to Council. Where an item is proposed to be laid on the table by the Committee, Officers will advise of any time constraints on the decision due to external pressures, and an extraordinary meeting of Council may be arranged if a decision is required prior to the next ordinary meeting. This option is a new inclusion to the ‘mechanics’ of the Māori Committee and viewed as an important contributor to embedding the mana of the Committee, it’s mandate and recommendations it makes within Council’s governance structures.

Further to the change to the timing of the Committee’s hui, members will also be included in all Council workshop bookings moving forward. While it is recognised that Committee members have multiple demands on their time, and attendance will be at their discretion, extending the invitations provides greater visibility of upcoming matters being considered by Council, and further reiterates the full incorporation of the Māori Committee into the governance structure.

 

Māori Committee feedback on the proposal

Informal testing with members of the Māori Committee has received a very positive response. The Committee will formally discuss the matter at its hui on 10 July 2020. Due to the timing of the hui in relation to the required time frame for Council agenda production, feedback on the Committee kōrero will be provided verbally at the Council meeting.

 

Next Steps

Adoption of proposal

Council is required to formally adopt any changes to its governance structure and this report is intended to facilitate that process. 

 

 

InfoCouncil

A piece of work would need to be undertaken to reactivate functionality of Council’s meeting paper preparation tool (InfoCouncil), which allows all standing committee items to be pulled into the Māori Committee papers, and then allocates the Māori Committee discussion and recommendations against each standing committee item in the Council agenda.

It should be noted that this process will require the Council IT Team to work with InfoCouncil Support Team in Australia to complete the process of reactivating the functionality and link the new Māori Committee to the new standing committees and Council into the scripting; while it is possible, it will not be an overnight change. 

Process and logistical updates

A piece of work is already underway to map out the implications across meeting cycles of laying an item on the table at a committee. This has implications for all standing committees as well as the Māori Committee, so it was felt it was appropriate to initiate the work prior to any decision in relation to the re-integration of the Māori Committee into the six weekly cycle.

The timing of standing committees will be updated as outlined in the attachment, and multiple internal process documents will be updated to ensure clarity on the new setting and its implications for report writing.

Council workshops

Invitations to all Council workshops will be extended to Māori Committee members.

Internal communications

Following the process and logistical updates, the Governance Team will prepare communications to all staff to ensure the new setting is well understood.

 

2.4   Significance and Engagement

This matter does not trigger Council’s Significance and Engagement Policy or any other consultation requirements.

 

2.5   Implications

Financial

There may be some cost to engaging InfoCouncil to reactivate the functionality that allows for meeting paper production where all committees are linked.

Social & Policy

N/A

Risk

N/A

 

2.6   Options

The options available to Council are as follows:

a.     To approve the proposal to re-integrate the Maori Committee into the six weekly double debated meeting cycle  

b.     To maintain the current setting of monthly hui outside the six weekly double debate process  

 

2.7   Development of Preferred Option

It is recommended that Council approve the proposal to reintegrate the Māori Committee into the six weekly double debated meeting cycle.

Multiple factors have been considered in the proposal and Officers will continue to identify and implement any further improvements as the implementation is undertaken to ensure the best outcomes possible for all participants in the process.

 

 

2.8   Attachments

a     Meeting integration proposal   


Ordinary Meeting of Council - 16 July 2020 - Attachments

 

Item 3

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Ordinary Meeting of Council - 16 July 2020 - Open Agenda                                                                                                                     Item 4

3.    Local Governance Statement updates

Type of Report:

Operational

Legal Reference:

Local Government Act 2002

Document ID:

942687

Reporting Officer/s & Unit:

Devorah Nícuarta-Smith, Team Leader Governance

 

3.1   Purpose of Report

To highlight updates made to the Local Governance Statement since 12 March 2020, including adjustments in the Governance Structure which require adoption by Council.

 

Officer’s Recommendation

That Council:

a.     Endorse the mayor’s proposed updates to the councillor portfolios

i.      Cr Ronda Chrystal – Tourism/ Council Facilities

ii.     Cr Richard McGrath – Child Friendly City, City Services

iii.     Cr Sally Crown – Economic Development

b.     Endorse the appointment of Cr Ronda Chrystal as a further councillor representative on the Arts Advisory Panel

c.     Note the additional information to the Hearings Committee Terms of Reference regarding consideration of tenders

d.     Note the external appointment correction from Sports Hawke’s Bay to Sports Council

e.     Note the overt recognition of the status of te Tiriti o Waitangi as requested by Council at its meeting on 12 March 2020

f.     Note the inclusion of information on Napier’ Sister Cities as requested by Council at its meeting on 12 March 2020 

g.     Endorse the increase in remuneration for the Māori Committee Chair to $600 per attended meeting or workshop, with appropriate back payment to be made to the first meeting chaired

h.     Note that Māori Committee members are now paid for all meetings and  workshops attended where previously remuneration was only for Māori Committee meetings

i.      Note that the Terms of Reference for the Māori Committee continues to be a work in progress with the members of that Committee, and a further update to the governance structure and Local Governance Statement will ensue

 

 

3.2   Background Summary

As agreed with Council at its meeting on 12 March 2020, larger updates to the Local Governance Statement will be brought to Council for visibility prior to web publication of the most up-to-date version of this living document.

Further, some updates to governance appointments and portfolios have been proposed by the mayor which require adoption by Council.

3.3   Issues

No issues

3.4   Significance and Engagement

This matter does not trigger Council’s Significance and Engagement Policy or other consultation requirements.

3.5   Implications

Financial

N/A

Social & Policy

N/A

Risk

N/A

3.6   Options

The options available to Council are as follows:

a.     To endorse the Mayor’s proposed appointments and note other updated information in this living document

b.     To decline the Mayor’s prosed appointments, proposing preferred candidate/s, and note other updated information in this document

3.7   Development of Preferred Option

Option a is preferred as all appointments and portfolio updates have been previously discussed with the elected members in question.

 

3.8   Attachments

a     Local Governance Statement as at 30 June 2020   


Ordinary Meeting of Council - 16 July 2020 - Attachments

 

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Ordinary Meeting of Council - 16 July 2020 - Open Agenda                                                                                                                     Item 5

4.    New Years Eve Funding 2020-2021

Type of Report:

Operational

Legal Reference:

N/A

Document ID:

939253

Reporting Officer/s & Unit:

Belinda McLeod, Community Funding Advisor

 

4.1   Purpose of Report

To seek approval to apply for external funding to support the 2020/21 New Year’s Event.

 

 

Officer’s Recommendation

That Council:

a.     Approve the applications to external funders for the 2020/21 New Year’s Eve Event.

 

 

4.2   Background Summary

The New Years’ Eve event was initiated in its current form in 2000 by the Millennium Committee. The event is held at the Sound Shell each New Years’ Eve. Beth Elstone, of ‘Little Stone’ has been contracted to manage this event. This family event is well attended by a range of people in the community, drawing a crowd of around 18000 to 20,000 people each year. The event draws a multi-generational crowd and behavioural issues are minimum. This is an alcohol and smoke free event.

4.3   Issues

No Issues

4.4   Significance and Engagement

Funding applications do not require consultation as they are an operational procedure.

4.5   Implications

Financial

Council provides $40,000 for the event and seeks external funding for the remainder (we usually receive around $30,000). Over the past three years due to a decline of funding available from external sources, costs have had to be cut back to enable the event to go ahead. The total cost of the event is usually between $70,000 and $76,000 each year.

 

 

 

 

 Table A

 

Funder

Apply for Funding up to:

Pub Charity

25,000

Eastern & Central Community Trust

15,000

One Foundation

5,000

Lion Foundation

32,000

Infinity Foundation

8,000

Total:

$85,000

 

 

 

 

 

 

 

 

 

 

 

Social & Policy

N/A

Risk

The main risk is that sufficient external funding may not be secured for the event. If this situation occurred the event would be scaled back or withdrawn.

4.6   Options

a.     N/A

4.7   Development of Preferred Option

N/A

 

4.8   Attachments

Nil   


Ordinary Meeting of Council - 16 July 2020 - Open Agenda

REPORTS / RECOMMENDATIONS FROM THE STANDING COMMITTEES

 

Reports from Audit and Risk Committee held 12 June 2020

 

1.    Wastewater Outfall Report

Type of Report:

Legal and Operational

Legal Reference:

Resource Management Act 1991

Document ID:

933764

Reporting Officer/s & Unit:

Catherine Bayly, Manager Asset Strategy

Cameron Burton, Manager Environmental Solutions

 

1.1   Purpose of Report

To provide the Audit and Risk Committee with an update on the Wastewater Outfall, noting a similar report has gone to Council to:

·     inform Council of an update to the status of the Awatoto Submarine Wastewater Outfall which conveys treated wastewater to the Pacific Ocean, and to;

·     enable decisions to be made to bring forward funding for an expedited repair, renewal or replacement of the outfall structure.

 

 

At the Meeting

The Manager Environmental Solutions spoke to the report and provided a brief overview, noting the following:

·     At the last inspection of the wastewater outfall, two areas of leakage were identified. The most difficult of which is 700m offshore.

·     Council has been monitoring the leakages for a period of time and staff had ascertained that they pose very low risk to the environment.

·     Council had previously been encouraged by Hawke’s Bay Regional Council (HBRC) to have work completed to fix the leak and HBRC have recently issued an Abatement Notice ordering Council to remedy the leak by 30 October 2020, and to have an emergency response plan in place by 30 July 2020.

·     There is a high level of risk involved in attempting a repair of the leaks. Council is unable to replace the device like for like. A number of options have been considered in the Beca report, with the lowest risk being for specialist divers to remove each of the fibreglass joint parts slowly and one at a time, and use a caulking material to repair the leaking gaskets. The risk is that once they start undoing the bolts, that this may cause a breakage or warping of those parts. If that occurred this could cause a catastrophic failure of the device and potentially discharge all of the city’s wastewater at that  point, 700 metres from the shore.

·     There is a smaller leak slightly inshore which will be easier to fix.

·     Both Council and the Māori Committee have been advised in relation to the current status of the outfall.

·     Council will be holding risk workshops with specialist divers. Officers will then engage with HBRC to ensure they are aware of the risks and complications given the short timeframe afforded to remedy the leaks. 

·     $2M has been brought forward from reserves to address this work given the timeframe required to complete this work.

·     A secondary risk is that staff are now focussed on the two particular leak points in the pipeline rather than the overarching, future-focussed works relating to improved treatment systems, contingency storage and improvements of the wastewater network as a whole.

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

·     The Abatement Notice being issued since the report was taken to Council does not change anything in this report. It was noted that HBRC have requested other works outside of the Abatement Notice.

·     If Council is unable to remedy the leak by 30 October 2020 then a variation to the consent must be obtained by this date. If neither of these are achieved by that date, Council could be prosecuted.

·     There are a number of factors outside of Council’s control including work being restricted to three hour windows only and subject to weather and oceanic conditions. Council is applying for a variation to the consent, however timing is dependent on HBRC’s ability to process this in time.

·     There is no guarantee that the repair will be successful.

·     Council officers will be as inclusive and transparent as possible with HBRC around the risks and process being followed.

 

Committee's recommendation

Councillor Taylor / DW Pearson

That Council:

a.     Note the current status of the submarine wastewater outfall:

i.      There remains some seepage of wastewater from sealing gaskets which form part of a bespoke fibreglass joint section of the subsurface outfall pipe structure;

ii.     Despite efforts, staff have not been able to identify a way to quickly fix this seepage without putting the fibreglass joint at risk of rupturing;

iii.    That frequent testing of the coastal waters surrounding the area of seepage continues to show de minimus environmental effect of those waters, caused by this seepage;

iv.    That Hawkes Bay Regional Council (HBRC) have recently indicated (on 25 March 2020) that Council must take the following actions:
1) Undertake short-term repairs to mitigate the leak from the joint leak by 30 October 2020
2) Provide long-term options for repairing the joint in the outfall pipe by the same date (30 October 2020)

v.     That HBRC have informally notified Council of their intention to pursue enforcement action against Napier City Council to cease the discharge at the joint if the timeframes above are not met.

vi.    That a further leak has been discovered within 100m of the fibreglass joint. Divers have been to the site with the aim to repair and have found that this is an old repair that has been damaged by an anchor, or other, and will need an additional repair.

vii.   Tight timeframes to effect a repair increases the risk associated with delivering a short-term fix, rather than facilitating long-term solutions which will provide better outcomes.

b.     Officers are seeking approval by Council to:

i.      Seek a variation to the current resource consent to authorise the discharge of wastewater via seepage at a position other than that currently authorised (at the fibreglass joint location);

ii.     Seek early provision of funding assigned for later financial years in the Long Term Plan (LTP) to enable the strategic and planned replacement of the wastewater outfall, including better treatment options to facilitate a more highly treated wastewater in the future.

c.     Note that funding to be released from Wastewater Reserves to attempt a fix of the two seepages and to start on investigation works for replacement of the outfall ($2m has been put forward in the 20/21 Annual Plan).

d.     Note attempt the lowest risk repair option of the fibreglass joint to address Regional Council’s repair timelines.

e.     Note the Beca Ltd Report entitled “Napier City Council – Wastewater Outfall – Issues and Options” dated 15 May 2020.

f.     Note the Audit and Risk Committee may request further information in relation to this issue that they may require in order to fully understand the risk to Council and the community if not already provided in the report.  This committee has the ability to provide any feedback on the risk assessment based on the preferred options presented as part of this paper and/or may any recommendation to Council.

 

Carried

 


Ordinary Meeting of Council - 16 July 2020 - Open Agenda

 

2.    Summary of Napier Water Safety Plan's Risks

Type of Report:

Operational

Legal Reference:

N/A

Document ID:

933756

Reporting Officer/s & Unit:

Catherine Bayly, Manager Asset Strategy

 

2.1   Purpose of Report

Purpose of this report is to bring ‘high’ and ‘very high’ risks as identified in NCC’s current version of Water Safety Plan (v4.3, updated August 2019) to Audit and Risk Committee attention and for Committee to acknowledge those risks.

 

 

At the Meeting

The Director Infrastructure Services provided a brief overview of the report noting that the intention of the report is to regularly bring the risks identified through the water safety plan to the committee’s attention.

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

·     A new consent will be required before Council can move to two operational bore fields.

·     Every change made to the water safety plan is put to the drinking water assessor for their approval. Council officers work in collaboration with the drinking water assessor.

·     The current report addresses inherent risks, recognising what controls might already be in place and any further corrective measures required. Council officers were requested to provide further detail around timeframes for reducing risk levels.

·     A number of actions are due for completion by the end of June and officers confirmed they are on track to meet those timeframes.

ACTION:  Council officers are to include details around timeframes to address the risks highlighted in this report, moving forward.

 

Committee's recommendation

Councillor Simpson / DW Pearson

That Council:

a.     Endorse the report.

b.     Note the risks identified.

 

Carried

 


Ordinary Meeting of Council - 16 July 2020 - Open Agenda

 

3.    Health and Safety Report

Type of Report:

Operational

Legal Reference:

N/A

Document ID:

933568

Reporting Officer/s & Unit:

Sue Matkin, Manager People & Capability

 

3.1   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 30 April 2020.

 

 

At the Meeting

The Manager People and Capability spoke to the report and provided a brief update in relation to health and safety initiatives undertaken during lockdown in order to support staff during this period. It was noted that no further lost time injuries have been recorded since April. 

 

Committee's recommendation

Councillors Simpson / Taylor

That Council:

a.     Receive the Health and Safety report as at  30 April 2020

 

Carried

 


Ordinary Meeting of Council - 16 July 2020 - Open Agenda

 

4.    Draft Annual Plan 2020/21

Type of Report:

Legal

Legal Reference:

Local Government Act 2002

Document ID:

933816

Reporting Officer/s & Unit:

Caroline Thomson, Chief Financial Officer

Adele Henderson, Director Corporate Services

Jane McLoughlin, Corporate Planner

 

4.1   Purpose of Report

That the Committee review and provide feedback to Council on the Annual Plan 2020/21 underlying financial information prior to the final adoption of the reports. 

 

 

At the Meeting

The Chief Financial Officer provided a brief overview of the report and tabled the updated consultation document (attached). The committee were thanked for their feedback prior to the Council meeting held on 11 June 2020. It was noted that Council adopted the consultation document and underlying information, including the proposed changes to the rates remission and rates postponement policies, and the Statement of Proposal to join the LGFA. The policies will be consulted separately but at the same time as the Draft Annual Plan.

As previously advised to the committee, the budget does not meet the balanced budget provision under section 100 of the Local Government Act 2002. As required under section 80 of the Local Government Act 2002, Council has carefully considered the unbalanced budget issue with the most financially prudent option being to reserve fund the shortfall due to the one-off nature. Council will not meet the deadline of 30 June to adopt the Annual Plan and both Audit New Zealand and the Department of Internal Affairs have been notified of this.

The Interim Chief Executive advised that following reforecasting completed between now and finalising the Annual Plan, further changes are expected due to the impacts of COVID-19.

 

AMENDED MOTION

Committee's recommendation

DW Pearson / Councillor Taylor

The Audit and Risk Committee note that they have reviewed and are comfortable with the approach taken by Council in the adoption of the Draft Annual Plan and commend and note that Council has made the following resolutions:

a.     Receive the underlying information as the basis for the Annual Plan 20/21:

i.      Financial information

ii.     10 year revised capital plan

iii.    Rates remission policy

iv.    Rates postponement policy

v.     Statement of Proposal to join LGFA

b.     Provide feedback to Council by 9 June (via the Director of Corporate Services) to be tabled for consideration by Council at its meeting on 11 June 2020.   

c.     Resolve that the use reserves to fund the one-off shortfall of $6.74m anticipated in 20/21 is financially prudent and does not impact unfairly on ratepayers in the future.

d.     Note that the Annual Plan 20/21 does not meet the section 100 (i) balanced budget provision of the Local Government Act, and that Council will be working towards a balanced budget for the LTP.

e.     Note that Council has notified DIA and Audit NZ that it will not meet the statutory deadline of 30 June 2020 for adoption of the Annual Plan 20/21.

 

Carried

 


Ordinary Meeting of Council - 16 July 2020 - Open Agenda

 

5.    Sensitive Expenditure - Mayor and Chief Executive

Type of Report:

Procedural

Legal Reference:

N/A

Document ID:

933218

Reporting Officer/s & Unit:

Caroline Thomson, Chief Financial Officer

 

5.1   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

The Chief Financial Officer briefly spoke to the report, noting that the Mayor’s sensitive expenditure for the second quarter was also attached to the report as this had been inadvertently omitted from the previous meeting’s agenda. There was no further discussion on this item.

 

Committee's recommendation

Councillors Simpson / Taylor

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

 


Ordinary Meeting of Council - 16 July 2020 - Open Agenda

 

6.    External  Accountability - Investment and Debt Report

Type of Report:

Information

Legal Reference:

N/A

Document ID:

933511

Reporting Officer/s & Unit:

Caroline Thomson, Chief Financial Officer

 

6.1   Purpose of Report

To consider the snapshot report on Napier City Council’s Investment and Debt as at 30 April 2020.

 

 

At the Meeting

The Chief Financial Officer provided a brief overview of the report. There was no further discussion on this item.

 

Committee's recommendation

DW Pearson / Mayor Wise

That Council:

a.     Receive the snapshot report on Napier City Council’s Investment and Debt as at 30 April 2020.

 

Carried

 


Ordinary Meeting of Council - 16 July 2020 - Open Agenda

 

7.    Risk Management Report June 2020

Type of Report:

Information

Legal Reference:

N/A

Document ID:

934363

Reporting Officer/s & Unit:

Adele Henderson, Director Corporate Services

 

7.1   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

The Chief Financial Officer spoke to the report and announced that the Risk and Assurance Lead position had now been appointed, with the start date being 22 June 2020. One of the first priorities for this role will be to review the risk management framework which will be brought back to this committee.

There was no further discussion on this item.

 

Committee's recommendation

DW Pearson / Mayor Wise

That Council:

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

b.     Note the current High risks.

c.     Receive the Risk Report dated 29th May 2020

 

Carried

 


Ordinary Meeting of Council - 16 July 2020 - Open Agenda

 

Reports from Future Napier Committee held 18 June 2020

 

1.    Building Act Changes

Type of Report:

Information

Legal Reference:

Building Act 2004

Document ID:

932415

Reporting Officer/s & Unit:

Malcolm Smith, Manager Building Consents

 

1.1   Purpose of Report

To advise the Future Napier Committee on the potential implications on Council from proposed changes to the Building Act exempt work provisions.

 

 

At the Meeting

The Manager Building Consents spoke to the report, noting that while the changes to the Building Act have not yet been implemented, a review has been undertaken to assess any potential impacts for Council. A small revenue loss is theoretically possible but unlikely to be realised. The intended changes to the Building Act were briefly reviewed.

In response to questions from Councillors it was clarified that:

·     People still have the option to apply for building consents even for exempted work. Where the work is undertaken by licensed practitioners there is little increase in risk.

·     Once any updates to a property have been made, documentation should be provided to Council so that these can be lodged on the property file.

·     While there may be less consenting required under the Building Act, resource and or planning consent still may be required, so it will be important to ensure that all required consents are still sought.

·     Any easements are listed on a title so the owner should be aware of their existence, but there may still be a small risk that these are built over with a consent- exempt structures.

·     There is already a variety of work that is exempt and people do still tend to liaise with Council around these for surety.

·     The changes to the Building Act were unexpected, although it is believed that COVID-19 may have brought forward the timing of an update to the Act that was already intended. There have been a number of initiatives at a national level as a response to the impacts of COVID-19 to help facilitate recovery.

·     Council provide a large amount of information to people in relation to their building projects, but also link to the MBIE website to ensure that the most up-to-date information from the lawmakers is directly available to all.

The Manager Building Consents then spoke to the resource that the Building team provides to another AlphaOne Council (there are 16 other Councils that use this system across the Country).

In 2018 it was proposed to a forum of the AlphaOne-using Councils that Napier could provide resourcing to help support their building consent processing. In early 2020, Napier started providing support in this manner to Selwyn Council as a trial. Selwyn experienced a growth in the number of consents during lockdown and Napier was able to help manage the peak. The trial has been assessed as a success by both Councils and it is proposed to test expansion of the offering to other Councils.

To further the initiative the Napier building team must be in a position to be able to resource the offering with correctly accredited personnel. The revenue from the other Councils funds new positions in Napier, meaning that the offering is cost-neutral for NCC. It was noted that the building industry is an aging one and Napier is building a young and skilled team which places the Council in a strong position to manage Napier’s consenting while also providing support to other Councils.

In response to questions from councillors it was clarified that:

·     Most Councils struggle to recruit in this area, and the pool of recruits tends to be an aging one; often Councils choose to use contractors for peak periods at higher cost.

·     Napier made a conscious decision a number of years ago to recruit and develop a younger team, and to date have been able to recruit to expand the team as required. Napier is therefore in a strong position as a young skilled team to provide processing support in a beneficial way to all Councils involved.

·     Further extrapolations to how this support could be provided to other Councils and the risks and benefits will be considered by Council through the Long Term Plan process.

 

Committee's recommendation

Councillors Brosnan / Browne

That Council:

a.     Note that the proposed changes to the Building Act will have minimal implications for Council.

b.     Direct Officers to explore the possibility of growing the Building Team further to process applications for AlphaOne Councils.

 

Carried

 


Ordinary Meeting of Council - 16 July 2020 - Open Agenda

 

2.    Resource Consent Activity

Type of Report:

Information

Legal Reference:

Resource Management Act 1991

Document ID:

936789

Reporting Officer/s & Unit:

Paul O'Shaughnessy, Principal Resource Consents Planner

 

2.1   Purpose of Report

This report provides an update on the status of major developments applying for resource consent in Napier.

 

 

At the Meeting

The Chair noted that, moving forward, this will be a standing item on the agenda of the Future Napier Committee.

The Principal Resource Consents Planner spoke to the report, noting that the intention is to provide Council with an update of activities where the information is in the public arena.

Some key consents were touched on briefly, including:

·     A new 5-level hotel proposed for 161 Marine Parade. It was originally approved in 2018 but as is often the case with large developments, some changes to the design meant a new updated application was required; this was approved in June 2020.

·     Developments in the Te Awa area, including a suburban commercial shopping centre and future residential development.

·     A number of applications still being processed include a large site in Taradale which is intended to hold 16 commercial and 1 hospitality tenancy. Impact analysis on this proposal is currently underway.

·     An application for a large development on Willowbank Road. There has been some discussion in relation to the design of this development (which is proposed to be gated) as there will be impacts on how much public asset (roading and other reticulation) can be vested in Council depending on the approach taken.

 In response to questions from Councillors it was clarified that:

·     The proposed licensed premises will be subject to the standard rules for liquor license applications but currently their focus is on the resource consent requirements.

·     There are a number of lifestyle villages/ gated communities across the country; however the current application needs to be assessed against Napier’s District Plan.

·     Most retirement villages have an internal road which is private; however in these instances the property is owned by one holder, as opposed to a gated community where the properties will be owned by multiple people.

·     A public road cannot be gated so public assets on a private road are complex and potentially unviable integrate.  

·     The Willowbank application has yet to be notified.

·     When applications are received from Kainga Ora these could be reported on, but it was noted that not all applications from this agency include resource consents.

·     The District Plan review process incorporates multiple conversations with elected members in relation to the rules and guidelines that help shape the city’s growth, and will also include an extensive consultation process.

·     The current District Plan sets the criteria that all applications are assessed against and drives all decisions on these. Assessing applications is a very ‘cut and dried’ process.

ACTION: Some criteria will be put in place as to the types of consents that will be brought through to Council in this report, for example where social housing is involved. It will continue to include publicly available information only.

 

Committee's recommendation

Councillors Wright / Crown

That Council:

a.     Receives the report.

 

Carried

 


Ordinary Meeting of Council - 16 July 2020 - Open Agenda

 

Reports from Napier People and Places Committee held 2 July 2020

 

1.    Library Membership Policy

Type of Report:

Operational

Legal Reference:

N/A

Document ID:

934519

Reporting Officer/s & Unit:

Darran Gillies, Libraries Manager

 

1.1   Purpose of Report

To define what library membership is, who is entitled to the membership and what the conditions of membership are. The policy should reflect the five objectives of the library strategy; Space for All, Enabling Access, Knowledge Advocacy, Community Collaborator and Sustainable futures.

 

 

At the Meeting

The Libraries Manager spoke to the report touching briefly on the updates that have been made to the Policy. The intention is to simplify the Policy to make it easier to understand and administer.

During the ‘lockdown’ a large number of online registrations took place which the library was very pleased to support.

In response to questions from Councillors it was clarified that:

·     There is still an arrangement with Hastings District Council to transport books back to Napier when they are returned to a supermarket return bay.

·     The cost of using the courier service for the transport process is minimal and it is an easier arrangement than dedicated council vehicles for this purpose would be.

 

Committee's recommendation

Councillors Mawson / Chrystal

That Council:

a.     Approve the Library Membership Policy

 

Carried

 


Ordinary Meeting of Council - 16 July 2020 - Open Agenda

 

Reports from Prosperous Napier Committee held 2 July 2020

 

1.    LICENCE TO OCCUPY RECREATION RESERVE - SUNDAY MARKET

Type of Report:

Operational

Legal Reference:

Reserves Act 1977

Document ID:

938617

Reporting Officer/s & Unit:

Bryan Faulknor, Manager Property

 

1.1   Purpose of Report

To confirm the granting of a Licence to Occupy to Margaret Habib for the carpark on Marine Parade immediately north of Ocean Spa and an alternative site at Anderson Park if the Marine Parade site is unavailable, for the operation of the Sunday Market for a term of three years.

 

 

At the Meeting

The Manager Property spoke to the report, noting that it is a largely procedural matter. Council had approved the licence in principle, the matter has been advertised with no submissions, and has been considered by the Māori Committee.

In response to questions from councillors it was clarified that:

·     There is very little difference in the terms of the licence from previous iterations.

·     Regarding section 7.3 Notice for altered venue where more than 24 hours’ notice is possible it will be given. The alternate venue is booked at the same time as the notification is given. 

 

Committee's recommendation

Councillors Boag / Simpson

That Council:

a.     Approve the granting of a Licence to Occupy to Margaret Habib for the carpark on Marine Parade immediately north of Ocean Spa and an alternative site at Anderson Park if the Marine Parade site is unavailable, for the operation of the Sunday Market for a term of three years.

 

Carried

 


Ordinary Meeting of Council - 16 July 2020 - Open Agenda

 

2.    Hawke's Bay Disaster Relief Trust - Council Controlled Organisation Exemption

Type of Report:

Legal and Operational

Legal Reference:

Local Government Act 2002

Document ID:

936362

Reporting Officer/s & Unit:

Caroline Thomson, Chief Financial Officer

 

2.1   Purpose of Report

To obtain a decision from the Council to exempt the Hawke’s Bay Disaster Relief Trust from the requirements imposed on Council Controlled Organisations (CCO) under the Local Government Act 2002 (LGA). The exemption will allow a reduced reporting requirement for the Trust under the LGA.

 

 

At the Meeting

The Chief Financial Officer spoke to the report noting that Council’s approval is being sought to exempt the Trust from CCO status to help reduce reporting requirements. The requirements are disproportionate to the size of the Trust’s functions. This report has sought approval from all five Councils; Napier is the last Council to consider the matter. All other Councils have approved the exemption.

In response to questions from councillors it was clarified that:

·     Where the Trust is required, CCO status is able to be reapplied

·     The Trust has not offered up any other model as to its status than CCO

ACTION The Trust will be asked to report annually through the CDEM annual report .

 

Committee's recommendation

Councillors Simpson / Tapine

That Council:

a.     Receive the report titled ‘Hawke’s Bay Disaster Relief Trust – Council Controlled Organisation Exemption’.

b.     Resolve that as provided for in sections 6 and 7 of the Local Government Act 2002, the Council grants the Hawke’s Bay Disaster Relief Trust an exemption from being a Council Controlled Organisation, as defined by section 6 of the Local Government Act 2002 for a period of three years to 30 June 2023.

 

Carried

 


Ordinary Meeting of Council - 16 July 2020 - Open Agenda                                                                                                                     Item 1

Reports Under Delegated Authority

 

1.    Documents Executed under Seal

Type of Report:

Information

Legal Reference:

N/A

Document ID:

942161

Reporting Officer/s & Unit:

Debbie Beamish, Executive Assistant to the Chief Executive

 

1.1   Purpose of Report

To report on the Documents Executed under Seal for the period 22 February – 26 June 2020.

 

Officer’s Recommendation

That Council:

a.     Receive the report for Documents Executed under Seal for the period 22 February – 26 June 2020.

 

Schedule of Documents Executed under Seal

 

For the period 22 February – 26 June 2020

02.03.2020

Agreement to grant easement, Te Awa Estate Record of Title 546574 - Powerco

02.03.2020

Lease Agreement HB Airport Ltd and Air NZ Ltd

24.03.2020

Consent to transfer lessees interest held in lease 9986327.1

22.04.2020

Easement in gross 106 Latham Street, Napier

22.04.2020

Unison Easement 1-20 Oriel Place

22.04.2020

Easement in Gross 18 Wycliffe Street, Napier

22.04.2020

Sewer Easement 32 James Foley Ave

22.04.2020

Sewer Easement Niven & Edmundson Street, Applegate

22.04.2020

Sewer Easement 9 Lowther Place

24.04.2020

Sewer Easement 33 O’Dowd Road, Napier

14.05.2020

Consent to transfer lesees interest in 4 Cadbury Road, Onekawa

14.05.2020

Lease of Reserve – Scout Assn – Westshore Sea Scouts

22.05.2020

Easement 276 Kennedy Road, Napier

22.05.2020

Lease of Reserve – HB Volunteer Coastguard

28.05.2020

Assignment of Lease - 1 Douglas McLean Ave, Napier

08.06.2020

Easements – Silverhill Subdivision, Oak Road

17.06.2020

Assignment/Renewal of Lease Danish Delight HB Ltd

22.06.2020

Easement Instrument – 29 Leyland Street

 

1.2   Attachments

Nil


Ordinary Meeting of Council - 16 July 2020 - Open Agenda                                                                                                                     Item 2

2.    Tenders Let

Type of Report:

Information

Legal Reference:

N/A

Document ID:

942166

Reporting Officer/s & Unit:

Debbie Beamish, Executive Assistant to the Chief Executive

 

2.1   Purpose of Report

To report the Tenders let under delegated authority for the period 22 February – 26 June 2020.

 

 

Officer’s Recommendation

That Council:

a.     Receive the Tenders Let for the period 22 February – 26 June 2020.

 

 

Tenders Let for the period 22 February – 26 June 2020

 

CONTRACTS OVER $100,000 LET UNDER CHIEF EXECUTIVE/DIRECTOR INFRASTRUCTURE DISCRETION

 

Contract 1251 Construction of Exploratory and Production Bore at Bore field One

Two companies were invited to tender and two tenders were received.

The Engineer’s estimate was $300,000.00.

It was recommended that the contract be awarded to Honnor Well Drilling in the sum of $618,167.00. 

This recommendation was approved.

 

Contract 1250 Motordrome Carpark Upgrade

Three tenders were received.

The Engineer’s estimate was $146,675.00.

It was recommended that the tender from Higgins Contractors be accepted in the sum of $147,975.00. 

This recommendation was approved.

 

Contract 1269 Municipal Theatre BMS Upgrade

Contract let under direct engagement.

It was recommended that the tender received from Refrigeration & Mechanical be accepted in the sum of $218,769.00. 

This recommendation was approved.

2.2   Attachments

Nil


Ordinary Meeting of Council - 16 July 2020 - Open Agenda                                                                                                                     Item 3

3.    Resource Consents

Type of Report:

Information

Legal Reference:

N/A

Document ID:

942357

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 22 February – 26 June 2020.

 

 

Officer’s Recommendation

That Council:

a.   Resolves to receive the report titled ‘Resource Consents approved 22 February – 26 June 2020.

 

 

 

3.2   Attachments

a     Resource Consents 22 February - 26 June 2020   


Ordinary Meeting of Council - 16 July 2020 - Attachments

 

Item 3

Attachments a

 

Resource Consents (Subdivision & Land Use) Approved between 22 February – 26 June 2020

 

Consent Number

Site Location

Applicant

Proposal

Activity Status

Decision Date

RM200005

56 West Quay

Shed 2 On The Quay Ltd

Alterations and additions to a Group 1 Heritage building and associated multi-unit development and parking deficit within the West Quay Water Front zone

Discretionary

27 February 2020

RM190119A

24A Hastings St

Empara Properties Ltd

Variation to approved Resource Consent RM190119 to allow alterations/additions (new shop front) to a Group 1 heritage building (Parkers Chambers)

Discretionary

4 March 2020

RM200006

1 Storkey St

Bay Beauty Motel Ltd

Additions and alterations to an existing motel within the Main Residential zone entailing the establishment of one additional motel unit (total of seven units)

Discretionary

5 March 2020

RMS200007

5 Ashridge Rd

S Repko & M-L Paget

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

Controlled

5 March 2020

RMS200008

55 Jessep Rd

D Van Laar & A Booth

Main Rural zone boundary adjustment/subdivision which separates existing dwelling onto a 5471m2 lifestyle block and amalgamates the balance 3.51-hectares with an adjoining productive lot

Discretionary

9 March 2020

RM200010

48 Kennedy Rd

Nelson Park School Board of Trustees

Outline Plan to remove and demolish the existing classroom block and replace with a new Modular classroom

Outline Plan

9 March 2020

RM190110

48 Emerson St

Ectara Enterprises Ltd

Internal and external alterations to a Group 1 Heritage item

Discretionary

10 March 2020

RMS200010

227 Kennedy Rd

L McKenna

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

Controlled

13 March 2020

RMS200011

12 & 12B Burness Rd

Village Residential Ltd

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

Controlled

16 March 2020

RMS200014

13 Magdalen Cres

A & J Hamer

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

Controlled

16 March 2020

RMS200015

21 Holyrood St

Eastlodge Property 2019 Corporate Trustee Ltd

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

Controlled

16 March 2020

RMS200017

78 Meeanee Rd, 130 & 1/130 -7/120 Charles St

Harrison Bentley Ltd

Northern Residential zone boundary adjustment (no new lots)

Controlled

17 March 2020

RM160125A

44 Austin St

Aristotle Holdings Ltd

Variation to approved resource consent RM160125 to increase unit numbers (14 to 15), amend site layout and minor increase in site coverage in the Main Industrial zone

Discretionary

17 March 2020

RM200015

125 Emerson St

Wallace Development Company Ltd

Internal alterations to a Group 1 Heritage building within the Art Deco Quarter zone

Discretionary

19 March 2020

RM200009

114 Burness rd

R & C Preece

Relocated building within the Main Rural zone to be used as an office, staffroom and living area

Non-complying

20 March 2020

RM200012

498 Main North Rd

L Hannah

Establish and operate a coffee cart within the Rural Settlement zone

Discretionary

20 March 2020

RM200014

8 Gee Pl

Advance Construction Ltd

Construct a dwelling with attached garage infringing the 5m front yard within the Main Residential zone

Restricted Discretionary

23 March 2020

RM190101A

1A Milton Tce

S & Y Winchester

Variation to approved resource consent RM190101 which results in infringements to the height recession plane rule

Restricted Discretionary

30 March 2020

RMS200016

1 – 11 Percy Spiller Ave

Kainga Ora

Main Residential zone multi-unit development involving the construction of 11 new dwellings, associated subdivision to create 11 residential lots and one access lot, infringements in relation to earthworks volumes, car parking, site coverage and height

Subdivision – Controlled

Land Use – Discretionary

1 April 2020

RM200011

12 North Tce

G Clark

Enclose the rear patio which infringes the site coverage rule in the Northern Residential zone

Restricted Discretionary

1 April 2020

RM200017

124 Puketitiri Rd

SA Greer

Undertake earthworks (approx 500m3 volume) that exceed the maximum volume threshold (100m3) within the Rural Residential zone

Discretionary

2 April 2020

RM200020

1/31 Meeanee Quay

W Reid

Section 125 extension to expiry period of approved resource consent RM150017

Section 125 Extension

6 April 2020

RMS200003

21 Sanders Ave

J & T McGettigan

Marewa Art Deco Character zone subdivision creating one additional lot (two in total)

Non-complying

8 April 2020

RM190152

4 Munroe St

Catholic Parish of Napier

Construct a multi-purpose mission centre associated with the existing church within the Fringe Commercial zone with infringements in relation to earthworks and a deficit of on-site car parking

Restricted Discretionary

8 April 2020

RMS200019

64 & 66 Nuffield Ave

Urban dwellings Ltd

Main Residential zone subdivision creating three additional lots (four in total)

Restricted Discretionary

16 April 2020

RM200021

25 Ulyatt Rd

Bupa New Zealand

Erect two temporary billboards at separate locations on the site for marketing purposes (Bupa Retirement facility) in the Main Rural zone

Restricted Discretionary

20 April 2020

RMS200013

110, 112, 114, 116 & 123 Kelvin Pl

Kainga Ora

Main Residential zone multi-unit development entailing the construction of 13-dwellings, associated subdivision to create 13 separate lots with right of way and NES (soils)

Subdivision – Controlled

Land Use – Restricted Discretionary

17 April 2020

RMS200020

48 & 49 Le Quesne Rd

R Hill

Rural Settlement zone subdivision to create one additional lot (two in total) and fee simple titles around two existing dwellings

Non-complying

22 April 2020

RMS200021

25 Leyland St

N Meechan

Proposed right of way (Section 347 certificate) to formalise an existing shared accessway in the Main Residential zone

Right of Way

23 April 2020

RMS200022

2 Massey Cres

D Christiansen

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

Restricted Discretionary

23 April 2020

RMS200012

44 – 56 Bledisloe Rd

Kainga Ora

Main Residential zone multi-unit development entailing the construction of nine dwellings with associated subdivision to create nine lots with right of ways and assessment of NES (soil)

Subdivision – Controlled

Land Use – Restricted Discretionary

23 April 2020

RM200023

64 Bledisloe Rd

N & C Timms

Two relocated dwellings within the Main Residential zone with height infringement at internal boundary

Restricted Discretionary

23 April 2020

RMS200023

37 James Foley Ave

Eastlodge Property 2019 Corporate Trustee Ltd

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

Restricted Discretionary

1 May 2020

RMS200024

3 Balance Pl

Eastlodge Property 2019 Corporate Trustee Ltd

Main Residential zone subdivision to create one additional lot (two in total).  Site currently accommodates one primary and one secondary dwelling.

Controlled

6 May 2020

RM200024

17 Leyland St

Meechan Family Trust

Main Industrial zone multi-unit development entailing three additional industrial units (six units in total)

Restricted Discretionary

8 May 2020

RMS200025

33 Canterbury St

M Brigham

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

Restricted Discretionary

12 May 2020

RM200025

121 & 125 Emerson St

The Entertainment & Education Group (TEEG)

Internal and external alterations/additions to a Group 1 Heritage Building

Discretionary

14 May 2020

RMS200027

162 & 2/162 Kennedy Rd

CF & JS Hankins & RM Bentley

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

Controlled

18 May 2020

RM200028

13A Magdalen Cres

A Hamer

Main Residential zone multi-unit development entailing one additional relocated dwelling (two in total)

Controlled

19 May 2020

RMS200028

54 The Loop

A & H Hollywood

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

Non-complying

27 May 2020

RM200029

39 Barnard Ave

D Coley

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

Restricted Discretionary

27 May 2020

RM200032

19 May Avenue

A & K Ritchie

Section 125 extension to expiry period of approved resource consent RM150052 allowing the construction of one residential dwelling

Section 125 Extension

28 May 2020

RM200004

250 Westminster Ave

Napier City Council

Establish a sports field with associated earthworks exceeding thresholds on a HAIL site (NES soils) and erect and operate up to six flood lights exceeding height limit within the Sports Park zone

Discretionary

2 June 2020

RM200019

113 Fryer Rd

N & D Kirton

Construct a two-bedroom Travellers Accommodation unit that exceeds maximum floor area and is located more than 25m from the primary dwelling within the Rural Residential zone

Non-complying

2 June 2020

RMS200026

16 & 38 Willowbank Ave

Durham Properties Ltd

Three stage Main Residential zone subdivision to create 19 additional lots (total of 20 residential lots) with a balance lot for future residential development

Discretionary

2 June 2020

RM180207A

161, 165, 167 & 169 Marine Pde

Nautilus Family Trust

Variation to approved resource consent RM180207 to carry out changes to the proposed hotel including conversion of three apartments to create nine additional  hotel units and an increase in maximum height

Discretionary

4 June 2020

RMS200018

35 Kenny Rd

Te Awa Land Development Coy Ltd

 

Two stage Main Residential zone subdivision (stage one) to create one additional lot (two in total) and a stage two unit title subdivision of a consented commercial development

Discretionary

4 June 2020

RM200031

35 Wakefield St

TW Commercial Properties Ltd

 

Main Industrial zone multi-unit development encompassing one additional tenancy (two in total) within an existing building

Restricted Discretionary

4 June 2020

RMS200030

39 Murphy Rd

PJ Massee

 

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

Controlled

5 June 2020

RM200033

4A Seaview Tce

Valley Road Trust

 

Construct a deck within the 3m front yard in the Napier Hill Character zone

Restricted Discretionary

5 June 2020

RM190157

15 Devonshire Pl

Napier District Masonic Trust

 

Extension to an existing retirement complex (Masonic Village) encompassing five additional dwelling units

Discretionary

8 June 2020

RM190118A

76 Basil Rd

M & L Bull

 

Section 127 variation to approved resource consent RM190118 to construct a dwelling within an area of significance to Maori

Discretionary

9 June 2020

PB200003

69 King St

D McKennie

 

Addition to dwelling with height in relation to boundary infringement in the Main Residential zone

Deemed Permitted Boundary Activity

11 June 2020

RM200034

111 Main North Rd

RN Jennings

 

Construct two aircraft hangars exceeding the 10m height control within the Airport zone

Restricted Discretionary

11 June 2020

RM200042

272 Meeanee Rd

Witton Trust

 

Build a storage shed involving an NES assessment (contaminant in soil) in the Main Rural zone

Controlled

15 June 2020

RM200030

27 White St

Jade Residential

 

Establish and operate a Residential Care Facility in the Main Residential zone

Restricted Discretionary

17 June 2020

RM200036

2 Te Roera Dr

SS Homes

 

Earthworks associated with the construction of a dwelling that exceed the maximum volume allowed in the Rural Residential zone

Restricted Discretionary

22 June 2020

RMS200031

78 The Loop

BA Burgess

 

Main Rural zone subdivision to create two new lots (three in total)

Non-complying

23 June 2020

RMS200032

8 Petane Rd

T McDougal

 

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

Restricted Discretionary

25 June 2020

RM200038

76 Fryer Rd

Simply Architecture Ltd

 

Construct a supplementary dwelling which infringes the maximum gross floor area rule within the Rural Residential zone

Non-complying

24 June 2020

RM200037

35 Kenny Rd

Te Awa Land Development Company Ltd

 

Establish a licensed premise (café/restaurant) within the Main Residential zone

Discretionary

24 June 2020

RM190019A

35 Kenny Rd

Te Awa Land Development Company Ltd

 

Section 127 variation to approved resource consent RM190019 to alter access around childcare, increase and reduce area of tenancies, increase car parking and extend hours of operation of café

Discretionary

24 June 2020

RM200040

8 Seapoint Rd

T Ashworth

 

Construct a vehicle parking deck infringing the 5m front yard and height controls within the Napier Hill Character zone

Restricted Discretionary

26 June 2020

RM200041

5 Savage Cres

Vlad Investment Ltd

 

Construct a garage within the 5m front yard within the Main Residential zone

Restricted Discretionary

26 June 2020

 

   


Ordinary Meeting of Council - 16 July 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.         Contract for services

2.         Napier Creative Communities Funding June 2020

3.         Land Purchase

Reports from Audit and Risk Committee held 12 June 2020

1.         Insurance Update

2.         Cybersecurity Strategy

3.         Revera Lead Agency IaaS Close Out Report

4.         Legal Update

Reports from Napier People and Places Committee held 2 July 2020

1.         Council Projects Fund Application

Reports from Prosperous Napier Committee held 2 July 2020

1.         Bad Debt Write Off

2.         Loan Agreement

 

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.  Contract for services

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.  Napier Creative Communities Funding June 2020

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.

3. Land Purchase

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.

Reports from Audit and Risk Committee held 12 June 2020

1.  Insurance Update

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.  Cybersecurity Strategy

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.

3.  Revera Lead Agency IaaS Close Out Report

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.

4.  Legal Update

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

7(2)(g) Maintain legal professional privilege

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

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

Reports from Napier People and Places Committee held 2 July 2020

1.  Council Projects Fund Application

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.

Reports from Prosperous Napier Committee held 2 July 2020

1.  Bad Debt Write Off

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.

2.  Loan Agreement

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

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.

 

 


Ordinary Meeting of Council - 16 July 2020 - Open Agenda

 

 

 

Ordinary Meeting of Council

Open Minutes

 

Meeting Date:

Thursday 4 June 2020

Time:

10am – 12.25pm

Venue

Large Exhibition Hall

Napier War Memorial Centre

Marine Parade

Napier

 

Zoom livestreamed to Council’s Facebook page

 

 

Present

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

In Attendance

Interim Chief Executive, Director Corporate Services, Director Infrastructure Services [to 11.22am], Director City Services, Director City Strategy, Manager Communications and Marketing

Chief Financial Officer, Manager Asset Strategy, Manager Environmental Solutions, Team Leader Parks, Reserves, Sportsgrounds, Team Leader Policy Planning, Finance Accountant

 

Administration

Governance Team

 


 

Apologies

Nil

 

Conflicts of interest

Nil

 

Public forum

Nil

 

Announcements by the Mayor

The date of the next ordinary Council meeting has been adjusted back to 16 July as the LGNZ AGM has been postponed.

 

Announcements by the management

Nil

 

Minor Matters for discussion

Rapid Response Fund

 

Confirmation of minutes

Council resolution

Councillors McGrath / Wright

That the Draft Minutes of the Ordinary meeting held on 23 April 2020 be confirmed as a true and accurate record of the meeting.

 

Carried

 

Council resolution

Councillors McGrath / Wright

That the Draft Minutes of the Extraordinary meeting held on 23 April 2020 be confirmed as a true and accurate record of the meeting.

 

Carried

 

Council resolution

Councillors McGrath / Wright

That the Draft Minutes of the Extraordinary meeting held on 30 April 2020 be confirmed as a true and accurate record of the meeting.

 

Carried

 

Council resolution

Councillors McGrath / Wright

That the Draft Minutes of the Extraordinary meeting held on 5 May 2020 be confirmed as a true and accurate record of the meeting.

 

Carried

 

Council resolution

Councillors McGrath / Wright

That the Draft Minutes of the Extraordinary meeting held on 7 May 2020 be confirmed as a true and accurate record of the meeting.

 

Carried

 

Council resolution

Councillors McGrath / Wright

That the Draft Minutes of the Extraordinary meeting held on 14 May 2020 be confirmed as a true and accurate record of the meeting.

 

Carried

 

Council resolution

Councillors McGrath / Wright

That the Draft Minutes of the Extraordinary meeting held on 20 May 2020 be confirmed as a true and accurate record of the meeting.

 

Carried

 

Council resolution

Councillors McGrath / Wright

That the Draft Minutes of the Extraordinary meeting held on 21 May 2020 be confirmed as a true and accurate record of the meeting.

 

Carried

 

 

 

 


 

Agenda Items

 

1.    Wastewater Outfall Report

Type of Report:

Legal and Operational

Legal Reference:

Resource Management Act 1991

Document ID:

931230

Reporting Officer/s & Unit:

Catherine Bayly, Manager Asset Strategy

Cameron Burton, Manager Environmental Solutions

 

1.1   Purpose of Report

To both:

·     inform Council of an update to the status of the Awatoto Submarine Wastewater Outfall which conveys treated wastewater to the Pacific Ocean, and to;

·     enable decisions to be made to bring forward funding for an expedited repair, renewal or replacement of the outfall structure.

 

At the Meeting

The Manager Asset Strategy spoke to the report, noting that the outfall asset is coming to the end of its useful life a few years earlier than originally anticipated. The primary concern is the leak at the 700m point of the outfall, but another smaller leak has been identified through the investigations where another earlier repair appears to have been damaged.

Napier City Council has been liaising with Hawke’s Bay Regional Council (HBRC) in relation to the outfall, and an independent consultant has assessed the asset and proposed several options as to how the leaks could be addressed.

The asset is live and currently only be able to be shut down for 3 hours at a time. Whichever repair option is selected has an inherent level of risk that will need to be weighed up and prepared for as far as possible.

As upgrade or replacement of an outfall being a more unusual project costings are quite varied at the moment and further investigations are required in order to provide more surety.

The Manager Environmental Solutions spoke further to the structure of the outfall, noting that it consists of nine sections.

Extensive monitoring by boat and drone was initiated when the 700m mark leak was identified, and it was a drone flight which first indicated the slightly closer leak. Underwater sampling takes place at different heights and distances from the leak, as well as long-shore sampling and mussel sampling. Most assessments have found that there is very little impact from the leak so far, but monitoring will continue for as long as necessary to further establish any pattern of discharge and flow.

In response to questions from Councillors it was clarified that:

·         The variation to the existing consent (which ends in 2036) will only provide for the impact of the existing leak. Lodging the variation is not seen as a mitigation to the overall issue but would operate alongside the other preparations for a repair and or replacement.  

·         A contingency/ emergency response plan is being developed currently, which will be included with the consent variation, to establish mitigation and management measures should there be a rupture through the repair. The tool required to contain a breach takes some time to create and officers are working with experts and liaising with HBRC as to the approach.  

·         Greater detail on costings for a replacement outfall should be possible by the end of the year following further investigations. This will then inform the LTP process.

·         Every option for repair has a certain level of risk and a careful plan is being drafted as to the approach, and what actions may need to be taken should challenges arise during any repair.

·         Clear public communication would take place promptly should any impact be identified on kai moana. Mussels close to the shore have come back from sampling showing very low levels of viruses. Town reef, the best known area of kai moana collection, has very low risk even taking into consideration the leak at the 700m point.

·         $2M has been included in the Annual Plan to allow for a ‘storage’ area that would allow for the wastewater plant and outfall to be shut down for longer periods of time. This storage would also help in other ways, such as managing stormwater overflows in heavy rain events, and preparing for future maintenance. The preferred capacity required for this storage will be considered as part of the masterplan.

·         Full replacement will have a number of stages to progress through and is anticipated to take about 3-5 years in total.

·         Although the asset is deteriorating, the larger issue is that the outfall is now not fit for purpose and forms a constraint to managing the wastewater network.

·         Part of the work being undertaken through the master plan is on how wastewater could be managed in the future.

 

ACTION A formal “no fishing/ water vehicle” zone is to be established to protect the outfall and surrounding area.

 

Council resolution

Dep. Mayor Brosnan / Councillor Price

That Council:

a.     Note the current status of the submarine wastewater outfall:

i.      As previously reported, there remains some seepage of wastewater from sealing gaskets which form part of a bespoke fibreglass joint section of the subsurface outfall pipe structure;

ii.     Despite efforts, staff have not been able to identify a way to quickly fix this seepage without putting the fibreglass joint at risk of rupturing;

iii.    That frequent testing of the coastal waters surrounding the area of seepage continues to show de minimus environmental effect of those waters, caused by this seepage;

iv.    That Hawkes Bay Regional Council (HBRC) have recently indicated (on 25 March 2020) that Council must take the following actions:
1) Undertake short-term repairs to mitigate the leak from the joint leak by 30 October 2020
2) Provide long-term options for repairing the joint in the outfall pipe by the same date (30 October 2020)

v.     That HBRC have informally notified Council of their intention to pursue enforcement action against Napier City Council to cease the discharge at the joint if the timeframes above are not met.

vi.    That a further leak has been discovered within 100m of the fibreglass joint. Divers have been to the site with the aim to repair and have found that this is an old repair that has been damaged by an anchor, or other, and will need an additional repair.

vii.   Tight timeframes to effect a repair increases the risk associated with delivering a short-term fix, rather than facilitating long-term solutions which will provide better outcomes.

b.     Endorse staff to:

i.      Seek a variation to the current resource consent to authorise the discharge of wastewater via seepage at a position other than that currently authorised (at the fibreglass joint location);

ii.     Seek early provision of funding assigned for later financial years in the Long Term Plan (LTP) to enable the strategic and planned replacement of the wastewater outfall, including better treatment options to facilitate a more highly treated wastewater in the future.

c.     Approve funding to be released from Wastewater Reserves to attempt a fix of the two seepages and to start on investigation works for replacement of the outfall ($2m has been put forward in the 20/21 Annual Plan).

d.     Approval to attempt the lowest risk repair option of the fibreglass joint to address Regional Council’s repair timelines.

e.     Receive the Beca Ltd Report entitled “Napier City Council – Wastewater Outfall – Issues and Options” dated 15 May 2020

 

Carried

 

 


 

2.    Napier Aquatic Development Update

Type of Report:

Operational and Procedural

Legal Reference:

Local Government Act 2002

Document ID:

933460

Reporting Officer/s & Unit:

Keith Marshall, Interim Chief Executive

 

2.1   Purpose of Report

To seek agreement in relation to the next steps in relation to the Napier Aquatic Development.

 

At the Meeting

The Interim Chief Executive spoke to the report noting that the intention is to provide the public with greater clarity as to where the conversation is currently at in relation to aquatic facilities, particularly as the Annual Plan and Long Term Plan processes progress.

In response to questions from councillors it was clarified that:

  • The proposed transfer of funds is intended to allow for site investigations into the Onekawa site should Council wish to proceed with these.
  • If Council approve today’s recommendation a work programme would be able to be developed with regards to any site investigations.

 

ACTION Analyse current usage of aquatic facilities across Napier and how the offering could be expanded or improved while the future provision is being worked through.

 

Council resolution

Mayor Wise / Councillor Mawson

That Council:

a.     Note that Council, being conscious of the widespread community interest around progressing the previously proposed Napier Aquatic Centre Development, wishes to take some time to reconsider the various options.

b.     Resolve that Council will commence some further consultation on the Napier Aquatic Centre Development as part of its Long Term Plan 2021-31 with a view to ensuring that the whole community is involved in progressing any finally agreed project in due course even though that might not determine a final option until a future annual plan.

c.     Note that Council prefer not to continue with the tender for the Napier Aquatic Centre Development as issued on 21 May 20109 in favour of further considering the project as part of the Long Term Plan 2021-31.

d.     Note that Council had provided $5m in the draft Annual Plan 2020/21 on the basis that it wasn’t sure of the court outcome at the time, nor of the best way to progress matters, and therefore had left itself some options to proceed while also noting the residual balance of the project sits in future years. 

e.     Note that Council are consulting on its draft Annual Plan 2020/21 and can make the necessary changes to move the current budget to future years for the Napier Aquatic Centre Development as part of deliberations and community feedback.

f.     Resolve to transfer $500k from the reserve funding currently allocated for the pool in 2020/21 to operating costs to allow for further site investigations and design requirements at Onekawa site or any other requirements for potential consultation and further consideration as part of the Long Term Plan 2021-31.

 

Carried

 

 


 

3.    Parks, Reserves and Sportsgrounds Water Conservation Strategy

Type of Report:

Information

Legal Reference:

N/A

Document ID:

932324

Reporting Officer/s & Unit:

Debra Stewart, Team Leader Parks, Reserves, Sportsgrounds

 

3.1   Purpose of Report

To advise Council of the Parks, Reserves and Sportsgrounds Water Conservation Plan for endorsement prior to its presentation in a paper at the World Urban Parks International Congress Event, Green Pavlova in Rotorua, May 2020 (now postponed to May 2021 in light of Covid-19).

 

At the Meeting

The Team Leader Parks, Reserves, Sportsgrounds spoke to the report, which had been laid on the table at the most recent extraordinary meeting of Council. A suite of recommendations has been developed to improve water conservation across Council’s parks and reserves activities, including the use of non-potable water for grounds, leak management, and re-considering the design of some recreational activities.

In response to questions from councillors it was clarified that:

·         Using bore water rather than potable water would require a consent, but if this was achieved then the changeover of systems would be relatively simple.

·         Whitmore and Maraenui Parks do not require a large amount of watering currently so have not been specified in the conservation strategy at this point.

·         Park Island and Bledisloe parks have bores in the area. It is possible that using these for the parks may reduce pressure on the potable water network, but the overall usage would need to be considered before any change was actioned.

·         Implementation of some actions is already underway, and the places where it expected that the largest savings may be found are being prepared for.

·         Re-circulation of water could be a quick win and will be explored more thoroughly for areas where it can be used.

·         The actions to date are able to be achieved within existing budgets.

·         Catchment and storage of water has not been explored on larger sites as yet, but this could be investigated for the future.

·         There may be opportunities to look at water systems in a more integrated way in future – for example the use of treated wastewater for grounds to save potable water.

 

 

Officer’s Recommendation

That Council:

a.     Approve the Parks, Reserves and Sportsgrounds Water Conservation Plan for presentation at the World Urban Parks International Congress Event, Green Pavlova in Rotorua, May 2020 (now postponed to May 2021 in light of Covid-19).

Substitute Motion

Council resolution

Councillors Boag / Chrystal

That Council:

a.      Approve the Parks, Reserves and Sportsgrounds Water Conservation Plan for presentation at the World Urban Parks International Congress Event, Green Pavlova in Rotorua, May 2020 (now postponed to May 2021 in light of Covid-19).

b.      Direct officers to further advise Council on future possible implementation of recommendations in this plan and if any need to be included in the Long Term Plan.

 

Carried

 

 

The Director Infrastructure Services left the meeting at 11.22am

4.    Coastal Hazards Strategy - Update from the Joint Committee Meeting (May)

Type of Report:

Information

Legal Reference:

Local Government Act 2002

Document ID:

929205

Reporting Officer/s & Unit:

Dean Moriarity, Team Leader Policy Planning

 

4.1   Purpose of Report

To update Councillors on progress of Stage 4 of the Coastal Hazards Strategy.

 

At the Meeting

The Team Leader Policy Planning spoke to the report, providing a update on the Coastal Hazards Strategy and associated actions, noting that recent conversations have included discussions on a funding split between the partner Councils.

Hauraki District Council have proposed a remit to Local Government New Zealand (‘LGNZ’) asking that central government develop a nation-wide coastal strategy including direction as to how any funding would be shared amongst local councils.  The remit seeks to promote central coordination and direction for an issue that impacts across the country.

A regional workshop is being prepared for the discussion of Coastal Hazards, the timing of which is currently being considered for early September. A standing action is in place to ensure Napier City Council has the opportunity to establish its own position regarding funding prior to any regional discussions.

 

Council resolution

Dep. Mayor Brosnan / Councillor Price

That Council:

a.     Note the information contained in the meeting notes from the Clifton to Tangoio Coastal Hazards Strategy Joint Committee meeting held on 1 May 2020.

b.     Receive the unconfirmed minutes of the Clifton to Tangoio Coastal Hazards Strategy Joint Committee meeting held on 1 May 2020.

 

Carried

 

 


 

5.    Quarterly report for the nine months ended 31 March 2020

Type of Report:

Legal and Operational

Legal Reference:

Local Government Act 2002

Document ID:

932115

Reporting Officer/s & Unit:

Caroline Thomson, Chief Financial Officer

 

5.1   Purpose of Report

To consider the Quarter Report for the nine months ended 31 March 2020.

 

At the Meeting

The Chief Financial Officer spoke to the report, noting that only the first week of the COVID-19 lockdown is reflected in this quarter. The impacts of the lockdown will primarily be seen in the end of year report.

Any required carry overs are being worked through and will be brought back to Council for consideration.

In response to questions from Councillors it was clarified that:

  • A report on the recent legislative update regarding buildings will be brought to Council shortly.
  • The tourism activities could be presented differently for the end of the year report so that the impacts of COVID-19 can be outlined.
  • A variety of financial indicators are being tracked so that clarity around the impacts of COVID-19 is gained and recovery can be planned for.

 

ACTION Check the commentary on water seen on page 28 of the attachment as this may be incorrect

Thanks were extended to staff for their work with social housing during lockdown.

 

Council resolution

Dep. Mayor Brosnan / Councillor Chrystal

That Council:

a.     Receive the Quarterly Report for the nine months ended 31 March 2020.

 

Carried

 

 


 

6.    Napier City Worker Redeployment Package

Type of Report:

Legal and Operational

Legal Reference:

Local Government Act 2002

Document ID:

932631

Reporting Officer/s & Unit:

Adele Henderson, Director Corporate Services

 

6.1   Purpose of Report

To formally acknowledge and include the Napier City Work Redeployment projects in the Annual Plan 2019/20, noting any unspent funding in the current year will be carried forward into 2020/21.

 

At the Meeting

The Director Corporate Services spoke to the report noting that Council has received approval for Crown funding as part of the government’s redeployment package, and this will be able to be included in the upcoming Annual Plan process.

In response to questions from councillors it was clarified that:

  • It was required that the jobs and work applied for had clear time frames and could be completed relatively promptly.
  • The activities referred to here as “redeployment projects” have also been referred to as “shovel ready projects”.
  • The funding is expected to be received in installations over the life of the projects.

 

Council resolution

Mayor Wise / Councillor Crown

That Council:

a.     Note that Council has received approval for $1,070,000 associated with Crown Worker Redeployment Package to be undertaken as soon as practicable. 

b.     Approve the receipt of these funds and execution of the agreement requirements.

c.     Note that Council will have an obligation under the agreement to report to the Crown monthly on the progress of these projects

d.     Note that the Council will have an obligation to report to the Crown at the end of the project

e.     Note that Council will need to notify the Crown of any potential overspend associated with the proposed project

f.     Note that the proposed funding will contribute to 30 jobs for Napier as a result of the delivery of these projects

g.     Approve the Annual Plan to be updated to include the Crown funding and associated projects costs of $1,070,000, noting that any underspend on these projects as at 30 June 2020 will be carried forward into next financial year

 

Carried

 

 


 

7.    Airport Director - Reappointment

Type of Report:

Legal and Operational

Legal Reference:

Local Government Act 2002

Document ID:

932604

Reporting Officer/s & Unit:

Adele Henderson, Director Corporate Services

 

7.1   Purpose of Report

The purpose of this report is to recommend the reappointment of Sarah Park as a Director of Hawkes Bay Airport Limited (HBAL) and to notify Council of the pending retirement of Chairman Tony Porter and the recruitment process to follow for his replacement.

 

At the Meeting

The Director Corporate Services spoke to the report noting that Hastings District Council is also considering the same matter at its upcoming meeting.

It was noted that Ms Park has demonstrated excellent skills and brings good experience to the board.

 

ACTION Council will formally acknowledge the significant contribution of Tony Porter to Hawke’s Bay Airport Ltd since his first appointment in July 2009.

 

Council resolution

Councillors Taylor / Wright

That Council:

a.     Approve the reappointment of Sarah Park as a director of Hawkes Bay Airport Limited for the period of one year, subject to Hastings District Council doing the same.

b.     Note the retirement of Chairman Tony Porter from the Board of Hawkes Bay Airport Limited, noting that Mr. Porter will remain on the Board until the 2020 Annual General Meeting.

 

Carried

 

 


 

8.    Hawke's Bay Museums Trust Statement of Intent 2020-2022

Type of Report:

Legal and Operational

Legal Reference:

Local Government Act 2002

Document ID:

932697

Reporting Officer/s & Unit:

Chris Denby, Finance Accountant

 

8.1   Purpose of Report

To receive the final Statement of Intent 2020 – 2022 for the Hawke’s Bay Museums Trust to Council required for reporting requirements for Council-Controlled Organisations.

 

At the Meeting

The Finance Accountant spoke briefly to the report, noting there have been no changes to the Statement of Intent following the earlier circulation of the draft document.

In response to questions from Councillors it was clarified that:

·         The joint working group is currently focussing on a site for a new storage facility then will consider other relevant matters such as the governance model for the museum into the future.

 

Council resolution

Councillors Wright / Crown

That Council:

a.     Receive the final Hawke’s Bay Museums Trust Statement of Intent 2020 - 2022

 

Carried

 

 


 

9.    Complaints Policy Update

Type of Report:

Operational

Legal Reference:

N/A

Document ID:

931887

Reporting Officer/s & Unit:

Devorah Nícuarta-Smith, Team Leader Governance

 

9.1   Purpose of Report

To present the updated Complaints Policy to Council for adoption.

 

At the Meeting

The Team Leader Governance spoke to the report noting that Council regularly reviews its policies and updates them as required. The primary update to this policy has been the inclusion of a section that provides greater clarity for the public if they wish to raise concerns that council may be operating outside of its guiding rules.

 

ACTION Regular reporting on complaints and compliments at governance level will be initiated by the Regulatory Team (within which is encompassed the Customer Services Team)

ACTION The following updates will be made to the Policy:

  • The time frame for the initial response to a complaint will be specified in more detail.
  • Where a complaint is in relation to a Chief Executive, matters of greater significance will be referred by the Mayor to the Chief Executive Contract Committee for investigation.
  • Greater clarity will be provided in relation to internal and external confidentiality

 

Council resolution

Dep. Mayor Brosnan / Councillor Wright

That Council:

a.     Adopt the updated Complaints Policy

 

Carried

 

 


 

10.  Unconfirmed Minutes Regional Transport Committee Meeting - 27 March 2020

Type of Report:

Operational

Legal Reference:

Local Government Official Information and Meetings Act 1987

Document ID:

932262

Reporting Officer/s & Unit:

Cheree Ball, Governance Advisor

 

10.1 Purpose of Report

To receive the unconfirmed minutes of the Regional Transport Committee meeting held on 27 March 2020.

 

At the Meeting

Cr Price spoke to the joint committee discussions, noting that conversations have centred around facilitating port transport, and considering options for improvements that could be made in the provision of buses.

It was noted that any development in Ahuriri is required to meet certain noise management requirements in the construction, such as double glazing. The Port does have responsibility to manage noise for discrete parts of the area closest to the facility. The Port Noise Committee does still exist but generally only considers noise directly from the port site not on roads. However there is a transport representative on the Committee who does monitor transport noise and advises on ways this can be managed.

NZTA are responsible for Bridge Street and have undertaken a capacity study for that road and the primary arterial transport routes. They are satisfied that appropriate capacity is available.

 

Council resolution

Councillors Price / Browne

That Council:

a.     Receive the unconfirmed minutes of the Regional Transport Committee meeting held on 27 March 2020. 

 

Carried

     

 


 

Minor Matters

Rapid Response Fund

 

Cr Boag gave a short update in relation to the Rapid Response Fund, which provided small grants to organisations that incurred extra costs through their provision of welfare  during the COVID-19 national response.  Thirteen different groups which had provided a wide variety of services received grants from the fund.  While a significant portion of the $50,000 fund was allocated through the process, the remaining amount will be transferred to other community support channels

PUBLIC EXCLUDED ITEMS

 

Council resolution

Councillors Crown / Chrystal

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

Carried

 

Agenda Items

1.         Hawkes Bay Airport Limited

2.         Rental Relief

3.         Chief Executive Key Performance Indicators – Limited Distribution

 

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.  Hawkes Bay Airport Limited

7(2)(f)(ii) Maintain the effective conduct of public affairs through the protection of such members, officers, employees and persons from improper pressure or harassment

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.  Rental Relief

7(2)(f)(ii) Maintain the effective conduct of public affairs through the protection of such members, officers, employees and persons from improper pressure or harassment

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

7(2)(j) Prevent the disclosure or use of official information for improper gain or improper advantage

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 Key Performance Indicators – Limited Distribution

 

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

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.

 

The meeting moved into Committee at 12.25pm

 

 

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

 

 

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

 

 

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

 


Ordinary Meeting of Council - 16 July 2020 - Open Agenda

 

 

 

Extraordinary Meeting of Council

Open Minutes

 

Meeting Date:

Thursday 11 June 2020

Time:

10.00am – 10.44am

Venue

Large Exhibition Hall

Napier War Memorial Centre

Marine Parade Napier

 

Zoom livestreamed to Council’s Facebook page

 

 

Present

Mayor Wise, Deputy Mayor Brosnan, Councillors Boag, Browne, Chrystal, Crown, Mawson, McGrath, Price, Simpson [from 10.04am], Tapine, Taylor, Wright

In Attendance

Interim Chief Executive, Director Community Services, Director Infrastructure Services, Director City Services, Director City Strategy, Manager Communications and Marketing

Chief Financial Officer

Investment and Funding Manager

Manager Community Strategies

Manager Business Excellence & Transformation

Team Leader Corporate Planning

Corporate Planner

Corporate Planning Analyst

Administration

Governance Team

 

 


 

Apologies

Nil

Conflicts of interest

Nil

Public forum

Nil

Announcements by the Mayor

The mayor thanked all residents of Napier, for working together as a community throughout the challenges of the last few months. She noted that everyone will be responding differently as recent and upcoming experiences are processed, and noted that there is no right way to be at this time.

The community were encouraged to continue to look after themselves and others by maintaining excellent hygiene, and staying home when feeling unwell; it was noted that keeping a record of different places visited is still encouraged, should contact tracing be required.

 

Cr Simpson joined the meeting at 10.04am

Minor matters raised

Nil

Announcements by the management

Nil

 

 


 

Agenda Items

 

1.    Consultation - Rates Postponement Policy

Type of Report:

Legal and Operational

Legal Reference:

Local Government Act 2002

Document ID:

935149

Reporting Officer/s & Unit:

Garry Hrustinsky, Investment and Funding Manager

 

1.1   Purpose of Report

To review and update the policy to include a clearer definition around financial hardship. To introduce rates postponement resulting from Significant Extraordinary Circumstances. Some minor clarification of Criteria wording.

 

At the meeting

The Investment and Funding Manager reviewed the background to the report, noting that updates have been made to the Policy following its first review by Council. 

The Policy will consulted on as part of the Annual Plan process, through which information will be circulated via a variety of channels.

 

Council resolution

Councillors Mawson / Boag

That Council:

a.     Approve the proposed amendments to the Rates Postponement Policy to include Significant Extraordinary Circumstances.

b.     Approve wording change from “Elderly” to “Older Persons”

c.     Approve other minor changes detailed in this report

d.     Approval to go to consultation on the revised Rates Postponement Policy to run parallel but separately to the Annual Plan 20/21.

e.     Approve the consultation plan for the Rates Postponement Policy

 

Carried

 

 


 

2.    Consultation - Rates Remisson Policy

Type of Report:

Legal and Operational

Legal Reference:

Local Government Act 2002

Document ID:

935164

Reporting Officer/s & Unit:

Garry Hrustinsky, Investment and Funding Manager

 

2.1   Purpose of Report

To review and update the policy to include a clearer definition around financial hardship. To introduce rates remission resulting from Significant Extraordinary Circumstances. Some minor clarification of Criteria wording.

 

At the meeting

The Investment and Funding Manager spoke to the report, noting that further updates have been made to the Policy following its first review by Council. This Policy will also be consulted on through the Annual Plan process.

 

Council resolution

Councillors Crown / Boag

That Council:

a.     Approve the proposed amendments to the Rates Remission Policy to include Significant Extraordinary Circumstances.

b.     Approve other minor changes detailed in this report.

c.     Approval for consultation on the revised Rates Remission Policy to run parallel but separately to the Annual Plan 20/21.

d.     Approve the consultation plan for the Rates Remission policy

 

Carried

 

 


 

3.    Consultation Document and Draft Annual Plan 2020/21

Type of Report:

Legal

Legal Reference:

Local Government Act 2002

Document ID:

935370

Reporting Officer/s & Unit:

Adele Henderson, Director Corporate Services

 

3.1   Purpose of Report

To present the consultation document and supporting information for the Annual Plan 2020/21 for Council adoption.

 

At the meeting

The Chief Financial Officer spoke to the report, noting that this is the second iteration of the budget for the year 2020/21; a revision was required to reflect the impacts of the national response to COVID-19. Council has previously resolved to consult on allocating funding from reserves in order to be able to reduce the proposed rates increase from 16% to 4.8%. The requirements of section 80 of the Local Government Act 2002 have been carefully considered, and it was through this process that funding from reserves was assessed as being the most appropriate way to address the on-off unbalanced budget in this instance. A number of relief packages have also been prepared to help alleviate some of the impacts on COVID-19 on the community.

It was noted that between this point in time and finalising the Annual Plan, there may some further changes to costs which cannot be fully quantified at this time due to the particular circumstances of COVID-19; the current document captures the best information available at this time.

The Manager Community Strategies spoke to the Consultation Document, noting that the consultation period has been extended for a day following recent advice that the submission portal will be down for maintenance for 12 hours during the consultation period. The timing of this 12 hours will be circulated so that the public are aware of when they will not be able to access the system.

Some design work has been updated in the document based on feedback from councillors.

In response to questions from councillors it was clarified that:

  • There are a number of aspects to coastal erosion that are included in the existing Long Term Plan, including dry land erosion management, the Whakarire revetment, and addressing the deficit created by erosion below the surf line. These are reflected as separate budget line items in the Annual Plan financials.
  • “Marine Parade historic skating rink” refers to the unique concreting at the Sound Shell, which was originally a rink. Renewal of the surface is desirable, but there are a number of heritage aspects to the work which must be addressed.
  • Information relating to the consultation can be found online or can be asked of officers via the customer service centre.
  • Members of the public can access hard copies of the consultation document through the customer service centre and libraries. They can also call Council’s customer service centre  and request a hard copy to be sent to them. It is intended that a number of other community centres will also hold copies; the locations are yet to be finalised.
  • The live-chat sessions are a new innovation for the consultation that are looked forward to as a way to engage directly with members of the community.
  • The community will have a wide variety of ways to provide feedback to Council and are strongly encouraged to have their say.

 

Council resolution

Mayor Wise / Dep. Mayor Brosnan

That Council:

a.     Note that the Annual Plan 2020/21 does not meet the section 100 (i) balanced budget provision of the Local Government Act 2002, and Council will work towards a balanced budget for the Long Term Plan 2021-31. 

b.     Adopt the following documents as supporting information for the Annual Plan 2020/21: 

i.      Draft Annual Plan financials for 2020/21

ii.     FAQs – Water

iii.    FAQs – Waste

iv.    Capital Programme Changes

v.     Remaining capital programme projection for Long Term Plan 2018-28

vi.    Long Term Plan 2018-28 Major Projects Update

vii.   Where your rates dollar goes

viii.   Water Supply Network Master Plan, Council report and minutes

ix.    Civic Precinct Report (Library) Council report and minutes

x.     Whakarire Revetment – Funding Decision, Council report and minutes and Consultation Summary

xi.    Project Shapeshifter business case

xii.   Napier Aquatic Development Update, Council report and minutes

xiii.   Napier Recovery Plan, Napier Recovery Budget, Council report and minutes

xiv.  Schedule of Fees and Charges 2020/21

xv.   Annual Plan proposed rate increase options.

c.     Adopt the Consultation Document to form the basis of Council’s consultation with the community on the Annual Plan 2020/21.

d.     Note that separate consultation will occur on the proposed Rates Remissions Policy; Local Government Funding Agency; and Rates Postponement Policy.

e.     Delegate responsibility to the Chief Financial Officer to approve any final edits required to the Consultation Document, financial information and supporting information in order to finalise the documents for uploading online and physical distribution.

f.     Adopt the high level consultation plan and note that it includes options for engagement under different alert levels should Alert Levels for Covid-19 change during the consultation period. 

 

Carried

4.    Statement of Proposal to join the Local Government Funding Agency

Type of Report:

Legal and Operational

Legal Reference:

Local Government Act 2002

Document ID:

935511

Reporting Officer/s & Unit:

Garry Hrustinsky, Investment and Funding Manager

 

4.1   Purpose of Report

Council may need to borrow funds in the near future. The purpose of this report is to progress the process towards joining the Local Government Funding Agency (LGFA) through the introduction of a Statement of Proposal.

 

At the meeting

The Investment and Funding Manager spoke to the report noting that the LGFA allows for member councils to borrow funds (where required) at lower rates than are available elsewhere.

It is intended that the proposal to join the LGFA be consulted on as part of the Annual Plan process.

In response to questions from councillors it was clarified that:

·         The borrowing rate for the LGFA when the report was prepared was 0.91% compared to 1.71% offered by other lenders. In the event of any borrowing being required, this would equate to significant savings for the ratepayer.

·         There are no membership fees, but some legal fees that we would engage ourselves have been prepared for. The legal fees are related to the guarantees Council must make, and the normal due diligence processes applicable for any contract.

·         The proposal is to join the LGFA so that in event that Council must borrow externally, it is able to access low rates and remain as prudent as possible in its borrowing options.  

·         The decision to draw down any debt would always be brought through to Council; this proposal is about increasing the repertoire of options available to Council.

 

Council resolution

Councillors Taylor / Chrystal

That Council:

a.     Adopt the Statement of Proposal to join the Local Government Funding Agency

b.     Adopt the Consultation Plan for joining the Local Government Funding Agency

 

Carried

    

 


 

PUBLIC EXCLUDED ITEMS

 

Council resolution

Councillor Price / Dep. Mayor Brosnan

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

Carried

 

Agenda Items

1.         Request to Write-off Rates Balance - Abandoned Land Sale

 

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.  Request to Write-off Rates Balance - Abandoned Land Sale

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

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.

 

The meeting moved into committee at 10.44am

 

 

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

 

 

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

 

 

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