Agenda of Prosperous Napier Committee

Prosperous Napier Committee - 02 July 2020 - Open Agenda Item 1

Agenda Items

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.

Officer’s Recommendation

The Prosperous Napier Committee:

a. Recommend that Council 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.

1.2 Background Summary

The Sunday Market has been operating on the Marine Parade Foreshore Reserve in the car park immediately north of Ocean Spa for a number of years under a Licence to occupy. The initial Licence has expired. Council officers have reviewed the location and a new Licence now needs to be entered into.

The Marine Parade Foreshore is also used by other community and sporting groups, therefore, an alternative site at Anderson Park has been trialled for the Sunday Market for times when the Marine Parade site is unavailable. These trials have been successful.

Council has delegation under Section 54 of the Reserves Act 1977 to enter into a new Licence.

In July 2019 Council approved in principle the granting of a Licence to Occupy to Margaret Habib to operate the Sunday Market on the Marine Parade Reserve and Anderson park subject to the Section 54(1)(d) Reserves Act process being completed. This process has now been completed.

On 12 June 2020 the Maori Committee recommended that Council approve the granting of a Licence to Occupy to Margaret Habib for the carpark on Marine Parade and an alternative site at Anderson Park if the Marine Parade site is unavailable, for the operation of the Sunday Market for a three year term.

A copy of the proposed draft licence is attached.

1.3 Issues

There are no issues.

1.4 Significance and Engagement

The proposal, including time periods and locations, has been publicly notified. There have been no objections.

1.5 Implications

Financial

The Licence fee has been set at $200 per week plus GST. There are no financial costs to Council for the operation of the market.

Social & Policy

The Sunday Market provides the community with an opportunity for small business, social and cultural exchanges.

Risk

The risk to Council is low with the proposed licence document specifying conditions to ensure the operation of the market and nature of the goods being offered for sale does not cause any hazard or nuisance nor causes any damage to the Reserves.

1.6 Options

The options available to Council are as follows:

a. Confirming 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.

b. Decline 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.

1.7 Development of Preferred Option

Option (a) is the preferred option. The Sunday Market is an asset to the City and any safety or nuisance effects can be managed by the conditions of the Licence and through Council working in partnership with the Licence holder.

1.8 Attachments

a Draft Licence to Occupy ⇩

Prosperous Napier Committee - 02 July 2020 - Open Agenda Item 2

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.

Officer’s Recommendation

The Prosperous Napier Committee:

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

b. Recommend that Council 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.

2.2 Background Summary

Hawke’s Bay Disaster Relief Trust was created by the Hawke’s Bay Civil Defence Emergency Management (CDEM) Group in March 2020. As the Hawke’s Bay CDEM Group is made up of all five Hawke’s Bay local authorities and the Trustees are the Mayors and Regional Council Chair, it is considered that the Trust should be considered under the provisions of the LGA as they relate to a CCO.

It is proposed that the Trust be considered for exemption from the requirements imposed on CCOs under section 7 of the LGA. This exemption must be approved by all five councils. Section 7(6)(a) of the LGA also stipulates that a Council must review any exemptions granted under section 7 within 3 years after it was first granted.

The LGA allows a local authority to exempt organisations from being CCOs. The following are the relevant sections of the LGA:

“7 Exempted organisations

(3) A local authority may, after having taken account of the matters specified in subsection (5), exempt a small organisation that is not a council-controlled trading organisation, for the purposes of section 6(4)(i).

(4) An exemption must be granted by resolution of the local authority.

(5) The matters are –

(a) the nature and scope of the activities provided by the organisation; and

(b) The costs and benefits, if an exemption is granted, to the local authority, the council-controlled organisation, and the community.”

The Trust is not a council-controlled trading organisation. The LGA identifies monitoring and requirements for CCOs which include half yearly and annual reports plus an annual Statement of Intent.

The Hawke’s Bay Disaster Relief Trust is a charitable trust that has the following stated purpose:

To provide financial and any other relief or assistance to meet the welfare and other needs of people who have suffered any injury, damage or loss following the occurrence of a disaster that qualifies as an “emergency” under the Civil Defence Emergency Management Act 2002 (or any later replacement thereof), whether natural or otherwise, within the legal boundaries of the Wairoa, Hastings, and Central Hawke's Bay District Councils and Napier City Council. For the avoidance of doubt “those in need” is to be construed as widely as possible and includes individuals, communities, businesses, non-government organisations, the Local Authorities and other legal persons approved by the Trustees.

The Trust is a Council Controlled Organisation because under the trust deed the Mayors and Regional Council Chair are the Trustees. This means that the Hawke’s Bay Councils have effective control of the Trust Board and its assets. In practical terms however, the Trust Board is allowed to administer and distribute funds to alleviate the impacts of an emergency or a disaster on the community as it sees fit with the constraints of the Trust Deed (Attachment 1).

Section 7(7) of the LGA states that a Local Authority may, at any time, revoke an exemption it has granted and Council would be inclined to do so if the nature and scope of activities provided by either organisations increased to a level that warranted a change

2.3 Issues

Day to day the Hawke’s Bay Disaster Relief Trust is a small entity with limited or no turnover.

This may change during an emergency where the Trust is gifted monies to administer within the confines of the Trust Agreement.

A good example of this is the current Hawke’s Bay drought event where three Hawke’s Bay councils, central government, companies and individuals have donated funds for the Trust to distribute in support impacted by the drought. The amount of money held by the Trust for this purpose amounts to approximately $1m.

The Trust has approved a process for the distribution of these funds and at the time of writing this report applications are being received and processed.

2.4 Significance and Engagement

The issues for discussion are not significant in terms of the Council’s policy on significance and no consultation is required.

2.5 Implications

Financial

N/A

Social & Policy

N/A

Risk

N/A

2.6 Options

Council can resolve to approve the exemption for the Hawke’s Bay Disaster Relief Trust, or it can refuse the exemption requiring the Trust to report as required under the LGA.

2.7 Development of Preferred Option

The preferred option is the Hawke’s Bay Disaster Relief Trust to be exempted from being a Council Controlled Organisation under the Local Government Act 2002.

The level of reporting required of a CCO under the LGA is disproportionate to the size, type and the breadth of operations the Trust undertakes.

2.8 Attachments

Nil

Prosperous Napier Committee - 02 July 2020 - Open Agenda

Prosperous Napier Committee

Open Minutes

Meeting Date:	Thursday 27 February 2020
Time:	11.05am – 11.46pm
Venue	Council Chambers Hawke's Bay Regional Council 159 Dalton Street Napier

Present	Mayor Wise, Councillor Taylor (In the Chair), Deputy Mayor Brosnan, Councillors Boag, Browne, Chrystal, Crown, Mawson, McGrath, Price, Tapine and Wright
In Attendance	Director Community Services, Director Corporate Services, Director City Strategy, Manager Communications and Marketing, Chief Financial Officer, Manager Asset Strategy, Manager Property, Manager Regulatory Solutions, Manager Community Strategies, Investment and Funding Manager, Records Management Lead
Administration	Governance Team

Apologies

Councillors Boag / Wright

That the apology from Councillor Simpson be accepted.

Carried

Conflicts of interest

Nil

Public forum

Nil

Announcements by the Mayor

The Mayor advised that she will need to leave the meeting at 12.20pm due to another commitment.

Announcements by the Chairperson

Nil

Announcements by the management

Nil

Confirmation of minutes

Nil

Agenda Items

1. Reserve Funding Changes

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

1.1 Purpose of Report

To approve changes to Financial Reserves and reserve funding.

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

At the Meeting

The Chief Financial Officer spoke to the report, providing a brief overview and outlining the Councillor review process to date.

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

· The Te Awa Structure Plan was removed in the Long Term Plan 2018-28 as the land was considered to be too expensive to develop. Since then, Council has made a commitment to review the Te Awa Structure Plan and a project manager is on board at present to pull this together. Council currently has funds available to keep up with key works and Councillor workshops are booked in relation to developments in this area.

· The storm water model was recently completed and the storm water master planning is now underway, network-wide.

· All monies coming in and going out from the Te Awa Structure Plan are accounted for.

· The Financial and Development Contributions Reserve will be left with funds allocated specifically for growth development as per the Financial and Development Contribution policy

The Mayor noted her discomfort in relation to removing funds from the Financial Contributions Reserve before modelling for the Te Awa Structure Plan had been completed.

Committee's recommendation

Councillors Tapine / Mawson

The Prosperous Napier Committee:

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

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

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

i. District Plan Review ($1.2m total)

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

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

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

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

The Mayor voted against the motion.

Carried

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

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

2.1 Purpose of Report

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

At the Meeting

The Director Corporate Services spoke to the report and reiterated previous advice to Council that no dividend would be paid for this financial year. It was noted that Councillors attended a briefing earlier in the week at the Hawke’s Bay Airport, giving them a better understanding of the airport business.

Committee's recommendation

Councillors Chrystal / Price

The Prosperous Napier Committee:

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

Carried

3. Digital Property File Fee Amendment

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

3.1 Purpose of Report

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

	At the Meeting The Manager Regulatory Solutions spoke to the report noting an error in the recommendation, that the Building File only fee should be $30. In response to questions from Councillors, the following points were clarified: · Council officers use their discretion in relation to charging in rare instances where the property file does not hold the required information. · Previously the public have been able to access the physical file at customer services. This practice was good for the user; however, Council officers consider that access to the hard copy file should be restricted in order to preserve the integrity and quality of the file. · The current file fee has been in place since 1 July 2019 and feedback from users is that the fee is too high. · For those that do not have access to a computer, the public will be able to request to view the property file using the computers in customer services. · The digitising project is currently around 32% complete. The project is tracking well and has been brought in-house to ensure the required quality and turnaround is achieved. · Paper copies may be considered on a case by case basis; however, the work involved is the same and charging would still be required. · Once the files are digitised, the hard copy files are then tagged and prepared for archiving - bulk archiving will be undertaken. As with most Council official information, there are rules around how property files must be archived. · Other Councils have different methods of funding for this service. Council officers advised that they consider the property file service to be a user benefit and should therefore be user pays. A number of Councillors expressed their preference to expedite the decision in order to reduce the fee as soon as possible. It was agreed that a Decision of Council should be made at the meeting.
	Officer’s Recommendation The Prosperous Napier Committee: a. Resolve to amend the fees for digital property files to the following: Full digital property file $40 Building File only $20 i. A reduced fee of $15 will be charged if a customer subsequently requests a full digital property file on a property after previously only requesting a Building File.
	Committee's recommendation Substitute Motion Councillors Price / Wright The Prosperous Napier Committee: a. Resolve to amend the fees for digital property files to the following: Full digital property file $40 Building File only $30 i. A reduced fee of $15 will be charged if a customer subsequently requests a full digital property file on a property after previously only requesting a Building File. b. That a DECISION OF COUNCIL is required urgently to enable the immediate implementation of the amended fee. Carried
DECISION OF COUNCIL		Councillors Wright / Boag That Council: a. Resolve to amend the fees for digital property files to the following: Full digital property file $40 Building File only $30 i. A reduced fee of $15 will be charged if a customer subsequently requests a full digital property file on a property after previously only requesting a Building File. Carried

4. Policy - Council Organisation Appointments and Remuneration

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

4.1 Purpose of Report

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

At the Meeting

A number of Councillors questioned the wording in the following sections of the Council Organisation Appointments and Remuneration Policy:

· Required Skills and Experience - the use of ‘intellectual ability’

· Conflicts of Interest - at the ‘pleasure’ of the Council

ACTION: Officer’s to refine the Policy wording in accordance with the concerns raised by Councillors, and bring the updated Policy back to the next Council meeting for adoption.

Officer’s Recommendation

The Prosperous Napier Committee:

a. Adopt the Council Organisation Appointments and Remuneration Policy

Committee's recommendation

Substitute Motion

Mayor Wise / Councillor Brosnan

The Prosperous Napier Committee:

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

Carried

PUBLIC EXCLUDED ITEMS

Councillors Boag / Tapine

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

1. Request for Remission for Special Circumstances

2. Recommendations for Appointment to the Napier District Licensing Committee

Carried

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.	Ground(s) under section 48(1) to the passing of this resolution.
1. Request for Remission for Special Circumstances	7(2)(b)(ii) Protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information	48(1)A That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist: (i) Where the local authority is named or specified in Schedule 1 of this Act, under Section 6 or 7 (except 7(2)(f)(i)) of the Local Government Official Information and Meetings Act 1987.
2. Recommendations for Appointment to the Napier District Licensing Committee	7(2)(a) Protect the privacy of natural persons, including that of a deceased person	48(1)A That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist: (i) Where the local authority is named or specified in Schedule 1 of this Act, under Section 6 or 7 (except 7(2)(f)(i)) of the Local Government Official Information and Meetings Act 1987.

The meeting moved into Committee at 11.46am.

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

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

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

Committee Members	Mayor Wise, Councillor Taylor (In the Chair), Deputy Mayor Brosnan, Councillors Boag, Browne, Chrystal, Crown, Mawson, McGrath, Price, Simpson, Tapine and Wright
Officer Responsible	Director Corporate Services
Administration	Governance Team
	Next Prosperous Napier Committee Meeting Thursday 24 September 2020