Ordinary Meeting of Council

Open Agenda

 

Meeting Date:

Thursday 27 August 2020

Time:

10am

Venue:

Large Exhibition Hall

Napier War Memorial Centre

Marine Parade

Napier

 

Livestreamed via Zoom to Council’s Facebook page

 

 

Council Members

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

Officer Responsible

Interim Chief Executive

Administrator

Governance Team

 

Next Ordinary Council Meeting

Thursday 8 October 2020

 

 


Ordinary Meeting of Council - 27 August 2020 - Open Agenda

ORDER OF BUSINESS

Apologies

Nil

 

Conflicts of interest

 

Public forum

Nil

 

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, 16 July 2020 be confirmed as a true and accurate record of the meeting.................................................................................... 138

That the Draft Minutes of the Extraordinary Meeting of Council held on Friday, 24 July 2020 be confirmed as a true and accurate record of the meeting.................................................................................... 169

That the Draft Minutes of the Extraordinary Meeting of Council held on Friday, 24 July 2020 be confirmed as a true and accurate record of the meeting..........................................................................................

That the Draft Minutes of the Extraordinary Meeting of Council held on Wednesday, 12 August 2020 be confirmed as a true and accurate record of the meeting...................................................................... 173

 

Agenda items

1      Hawke's Bay Airport Ltd Revised Draft Statement of Intent 2020/21................................ 4

2      Three Waters Reform Programme - Memorandum of Understanding............................ 32

3      Maori Committee 'mechanics' - reconsideration of item................................................. 84

4      Section 10A Annual Dog Control Report - 2019/2020.................................................... 92

5      Marine Parade  Reserve The Amazing Dinosaur Discovery........................................ 100

6      Unconfirmed Minutes Hawke's Bay Drinking Water Governance Joint Committee  - 13 February 2020      106  

 

Reports / Recommendations from the Standing Committees

Reports from Sustainable Napier Committee held 30 July 2020

1      Napier City Council Submission to the TANK Plan Change......................................... 117

Reports from Future Napier Committee held 30 July 2020

1      District Plan Review - Policy Approach of the Draft Plan............................................. 119

2      DISTRICT PLAN REVIEW - DRAFT CHAPTER: Special Zone: Te Whanganui-a-Orotū (Ahuriri Estuary) Ecology and Stormwater Park..................................................................................... 121

3      Adoption of Napier City Mobile Sign Bylaw.................................................................. 123

4      Civic Precinct Project Update...................................................................................... 125

5      Anna Spencer Statue.................................................................................................. 126

6      Napier Recovery Funding........................................................................................... 128

7      Resource Consent Activity Report............................................................................... 129

Reports from Sustainable Napier Committee held 6 August 2020

1      Three Waters Reform Programme - Memorandum of Understanding.......................... 130

Reports from Māori Committee held 14 August 2020

1      Three Waters Reform Programme - Memorandum of Understanding.......................... 132

6      Māori Committee 'mechanics - update following Council meeting 16 July 2020........... 133

 

Reports under delegated authority

1      Documents signed under Delegated Authority............................................................ 134

2      Tenders Let................................................................................................................ 135

 

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

 

Public excluded ........................................................................................................... 136

 


Ordinary Meeting of Council - 27 August 2020 - Open Agenda                                                                                                                                  Item 1

Agenda Items

 

1.    Hawke's Bay Airport Ltd Revised Draft Statement of Intent 2020/21

Type of Report:

Legal and Operational

Legal Reference:

Local Government Act 2002

Document ID:

950601

Reporting Officer/s & Unit:

Adele Henderson, Director Corporate Services

 

1.1   Purpose of Report

To present the Hawke’s Bay Airport Ltd revised Draft Statement of Intent for the 2020/21 year.

 

Officer’s Recommendation

That Council:

a.   Receive the 2020/21 Revised Draft Statement of Intent of the Hawke’s Bay Airport Limited and provide comment and feedback from Napier City Council

 

 

1.2   Background Summary

The Hawke’s Bay Airport Limited (HBAL) is a Council Controlled Organisation (CCO).  It is a company incorporated under the Companies Act and is owned by the Crown, Hastings District Council and Napier City Council.  Napier City Council has a 26% shareholding.

The Local Government Act 2002 requires Council Controlled Organisations (CCO) to submit a Statement of Intent to their shareholders for consideration.

Following the submission of a Draft Statement of Intent 2020/21 by the Hawke’s Bay Airport Ltd, the external environment has shifted with the impacts of COVID-19 becoming increasingly evident. To this end some tactical changes have been made to align the organisations growth outlook, planning and resourcing to recognise the impact of COVID-19. A revised Draft Statement of Intent 2020/21 captures these changes and is shown at Attachment A.

The Draft Statement of Intent presented by HBAL satisfies all the requirements as set out in Schedule 8 of the Local Government Act and also clearly sets out the nature and scope of the HBAL activities and performance targets.

 

1.3   Issues

The Revised Draft Statement of Intent is accompanied by a cover letter which provides an overview of the main updates in line with the impacts of COVID-19; this is shown at Attachment B.

1.4   Significance and Engagement

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

1.5   Implications

Financial

N/A

Social & Policy

N/A

Risk

N/A

1.6   Options

The options available to Council are as follows:

a.     Receive the 2020/21 Draft HBAL Statement of Intent.

b.     Council can also request directors of HBAL to consider changes to the

Statement of Intent if it wishes. The directors of HBAL would then need to

consider the request alongside the feedback from the other 2 shareholders.

c.     If HBAL decided that it did not wish to make the changes requested by

Council as its shareholder, Council has recourse through Schedule 8 (5) of

the Local Government Act. Council can by resolution, require the board to

modify the statement of intent if Council deemed it necessary. However given

        NCC’s minority shareholding in HBAL, it would need majority shareholder consensus to enforce this option.

1.7   Development of Preferred Option

The preferred option is for the 2020/21 Revised Draft Statement of Intent to be received and any suggested changes passed on to the HBAL Board, noting that this revision already captures changes made to align with the impacts of COVID-19.

 

1.8   Attachments

a     HBAL Revised Draft Statement of Intent 2020/21

b     HBAL Cover letter   


Ordinary Meeting of Council - 27 August 2020 - Attachments

 

Item 1

Attachments a

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Ordinary Meeting of Council - 27 August 2020 - Attachments

 

Item 1

Attachments b

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Ordinary Meeting of Council - 27 August 2020 - Open Agenda                                                                                                                                  Item 2

2.    Three Waters Reform Programme - Memorandum of Understanding

Type of Report:

Contractual

Legal Reference:

N/A

Document ID:

950827

Reporting Officer/s & Unit:

Adele Henderson, Director Corporate Services

Jon Kingsford, Director Infrastructure Services

 

2.1   Purpose of Report

Provide information to Council on the Memorandum of Understanding being the first stage of the Three Water Services Reform Programme

 

Officer’s Recommendation

That Council:

a.     Approve entering into the Memorandum of Understanding and associated Funding Agreement and Delivery Plan for the first stage of the Three Waters Services Reform Programme. 

b.     Note the Reform Programme is part of the Governments programme to reform current water service delivery, into larger scale providers, to realise significant economic, public health, environmental, and other benefits over the medium to long term, and that signing this MOU does not create any obligation upon Council with regard to future steps of this reform programme;

c.     Note that details on the allocation of the funding will come back to Council as a separate paper.  Details of the actual funding are only provided on the signing of the Memorandum of Understanding.

d.     Council note the central government announcement of a package for three waters investment over the next twelve months with $50m earmarked for Hawke’s Bay councils that will be progressed once Council signs an MoU with the Crown.  The process for agreeing this will come to a Council before the end of August.

e.     Delegate signing of the MOU to the Chief Executive

 

 

2.2   Background Summary

Over the past three years, central and local government have been considering solutions to challenges facing delivery of three waters services to communities.

This has seen the development of new legislation and the creation of Taumata Arowai, the new Water Services Regulator, to oversee and enforce a new drinking water regulatory framework, with an additional oversight role for wastewater and stormwater networks.

While addressing the regulatory issues, both central and local government acknowledge that there are broader challenges facing local government water services and infrastructure, and the communities that fund and rely on these services.

There has been underinvestment in three waters infrastructure in parts of the country and persistent affordability issues;  along with the need for additional investment to meet improvements in freshwater outcomes, increase resilience to climate change and natural hazards, and enhance community wellbeing.

In July 2020, the Government announced a funding package of $761 million to provide immediate post-COVID-19 stimulus to local authorities to maintain and improve three waters (drinking water, wastewater, stormwater) infrastructure, and to support reform of local government water services delivery arrangements.

The Government has indicated that its starting intention is public multi-regional models for water service delivery to realise the benefits of scale for communities and reflect neighbouring catchments and communities of interest. There is a preference that entities will be in shared ownership of local authorities.  Design of the proposed new arrangements will be  informed by discussion with the local government sector.

There is a shared understanding that a partnership approach between Central and Local Government  will best support the wider community interests, and ensure that any transition to new service delivery arrangements is well managed and as smooth as possible.  This has led to the formation of a joint Three Waters Steering Committee to provide oversight and guidance on three waters services delivery and infrastructure reform.

Three Waters Steering Committee

At the recent Central/Local Government Forum, central and local government leadership discussed challenges facing New Zealand’s water service delivery and infrastructure, and committed to working jointly on reform.

The Joint Three Waters Steering Committee has been established to provide oversight and guidance to support progress towards reform, and to assist in engaging with local government, iwi/Māori and other water sector stakeholders on options and proposals.

The Steering Committee comprises independent chair Brian Hanna, local government mayors, chairs and chief executives, representatives of Local Government New Zealand and the Society of Local Government Managers, officials and advisors from the Department of Internal Affairs, Taumata Arowai, and the Treasury.

The Steering Committee will ensure that the perspectives, interests and expertise of both central and local government, and of communities throughout New Zealand are considered, while the challenges facing water services and infrastructure are addressed. This will include periods of engagement, in the first instance with the local government sector.

The Steering Committee is supported by a secretariat made up of advisors and officials from Local Government New Zealand, the Society of Local Government Managers, the Department of Internal Affairs, and the Treasury.

Reform programme and funding package

In July 2020, the Government announced funding to provide immediate post-COVID-19 stimulus to maintain and improve water networks infrastructure, and to support a three-year programme of reform of local government water services delivery arrangements.

Central and Local Government consider it is timely to apply targeted infrastructure stimulus investment to enable improvements to water service delivery, progress reform in partnership, and ensure the period of economic recovery following COVID-19 supports a transition to a productive, sustainable economy.

While the Government’s starting intention is for publicly-owned multi-regional models for water service delivery, with a preference for local authority ownership, final decisions on a service delivery model will be informed by discussion with the local government sector and the work of the Steering Committee.

Initial funding will be made available immediately to those councils that sign up to the Memorandum of Understanding (MoU) and associated Funding Agreement and Delivery Plan for the first stage of the Three Waters Services Reform Programme. 

The Reform Programme is designed to support economic recovery post COVID-19 and address persistent systemic issues facing the three waters sector, through a combination of:

·      stimulating investment, to assist economic recovery through job creation, and maintain investment in water infrastructure renewals and maintenance; and 

·      reforming current water service delivery, into larger scale providers, to realise significant economic, public health, environmental, and other benefits over the medium to long term.

The three waters reform programme can be found on the Department of Internal Affairs website.

Sector Engagement

In addition to working with the Steering Committee, there will be an ongoing programme of engagement with local government, Iwi/Māori, the wider water services sector, and communities of interest throughout the transformation programme.

Initial engagement started July/August 2020 with local government and iwi/Māori partners to discuss the Memorandum of Understanding (MoU) and associated Funding Agreement and Delivery Plan.  This first engagement provides a forum for councils considering signing up to the reform programme to raise issues and work through questions ahead of signing the MoU. 

 Signing the Memorandum of Understanding commits councils to engage with the reform programme and share information but does not require them to continue with future stages of the reform.

From the initial workshops, ongoing work with continue with ad-hoc sessions and webinars, targeted engagement and formal information-sharing sessions with local government, iwi/Māori, water service providers and interested parties as we progress the reform programme.

Iwi/Māori interests

Over the past three years central and local government have been considering solutions to challenges facing three waters services delivered to communities. There have been a series of hui and workshops with iwi/Māori as part of this, through the Three Waters Review and the establishment of Taumata Arowai. The progress of the proposed reform requires further engagement with iwi/Māori to more fully understand Treaty rights of interests over the course of the reform period.

A range of engagements are proposed over the next 6-12 months both directly through central government and in partnership with local government.

 

2.3   Issues

Signing the Memorandum of Understanding commits councils to engage with the reform programme and share information but does not require them to continue with future stages of the reform.

2.4   Significance and Engagement

Although the funding is considered significant, the projects that the funding will go towards are likely to be already covered in an existing Annual Plan or Long Term Plan.  A separate paper will come back to Council on how the funding will be allocated should the Memorandum of Understanding be signed.

2.5   Implications

Financial

Funding will be provided as soon as practicable following agreement to the Memorandum and the associated Funding Agreement and Delivery Plan. The Delivery Plan will need to show that the funding is to be applied to operating or capital expenditure on three waters service delivery (with the mix to be determined by the Council) that:

 

• supports economic recovery through job creation; and

• maintains, increases and/or accelerates investment in core water infrastructure renewals and maintenance.

 

The Delivery Plan will be based on a simple template and will include a summary of projects, relevant milestones, costs, location of physical works, number of people employed in works, reporting milestones and an assessment of how it supports the reform objectives set out in this Memorandum.

 

The Delivery Plan will be supplied to Crown Infrastructure Partners, and other organisations as agreed between the Parties, who will monitor progress of application of funding against the Delivery Plan to ensure spending has been undertaken consistent with public sector financial management requirements.

Agreement to this Memorandum and associated Funding Agreement and Delivery Plan are required prior to the release of Government funding. The Council will have the right to choose whether or not they wish to continue to participate in the reform programme beyond the term of the Memorandum.

Social & Policy

This Memorandum of Understanding (Memorandum) sets out the principles and objectives that the Parties agree will underpin their ongoing relationship to support the improvement in three waters service delivery for communities with the aim of realising significant public health, environmental, economic, and other benefits over the medium to long term. It describes, in general terms, the key features of the proposed reform programme and the Government funding arrangements that will support investment in three waters infrastructure as part of the COVID 19 economic recovery.

Risk

The Council will have the right to choose whether or not they wish to continue to participate in the reform programme beyond the term of the Memorandum. 

2.6   Options

The options available to Council are as follows:

a.     Sign the Memorandum of Understanding that will underpin the ongoing relationship to support the improvement to three waters service delivery, with the provision of funding upfront (a share of Hawkes Bays $50m with actual amount to be distributed to Napier City Council yet to be confirmed)

b.     Not sign the Memorandum of Understanding

2.7   Development of Preferred Option

Sign the Memorandum of Understanding that will underpin the ongoing relationship to support the improvement to three waters service delivery, with the provision of funding upfront (a share of $50m with actual amount for Napier City Council to be confirmed)

 

2.8   Attachments

a     3 Waters Reform Programme - A3

b     3W Reform FAQ's

c     Slide Pack July and August

d     3 Waters Reform Memorandum of Understanding   



Ordinary Meeting of Council - 27 August 2020 - Attachments

 

Item 2

Attachments a

 

PDF Creator



Ordinary Meeting of Council - 27 August 2020 - Attachments

 

Item 2

Attachments b

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Ordinary Meeting of Council - 27 August 2020 - Attachments

 

Item 2

Attachments c

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Ordinary Meeting of Council - 27 August 2020 - Attachments

 

Item 2

Attachments d

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Ordinary Meeting of Council - 27 August 2020 - Open Agenda                                                                                                                                  Item 3

3.    Maori Committee 'mechanics' - reconsideration of item

Type of Report:

Operational

Legal Reference:

Local Government Official Information and Meetings Act 1987; Local Government Act 2001

Document ID:

950825

Reporting Officer/s & Unit:

Devorah Nícuarta-Smith, Team Leader Governance

 

3.1   Purpose of Report

To re-present a proposal to re-integrate the Māori Committee into the six-weekly meeting cycle of Council, this matter having been laid on the table by Council at its meeting on 16 July 2020.

 

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 at standing committee (while remaining an option under Standing Orders) are expected to take place in extenuating and genuinely urgent instances only, as they bypass not only the Māori Committee but the full double debate process.

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

 

 

3.2   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 Council 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. 

3.3   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.

To ensure that the Māori Committee have the most comprehensive opportunity to review and provide input on matters for double debate, Decisions of Council at standing committee (while remaining an option under Standing Orders) are expected to take place in extenuating and genuinely urgent instances only, as they bypass not only the Māori Committee but the full double debate process. 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.  In instances where a Council decision is required more promptly than the double debate process allows for, an extraordinary meeting of Council can also be used.

 

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 (as opposed to an individual) 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.

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 of the proposal with members of the Māori Committee received a very positive response and when the Committee formally considered the proposal at its hui on 10 July 2020 it recommended that the proposal go ahead as outlined.

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, advertising of meetings and so on. Venue bookings, livestreaming and other associated arrangement linked with meetings will also be negotiated.

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.

3.4   Significance and Engagement

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

3.5   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

3.6   Options

The options available to Council are as follows:

a.     To approve the proposal to re-integrate the Māori 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  

3.7   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.

 

3.8   Attachments

a     Meeting integration proposal   


Ordinary Meeting of Council - 27 August 2020 - Attachments

 

Item 3

Attachments a

 

PDF Creator


 

PDF Creator


 

PDF Creator


Ordinary Meeting of Council - 27 August 2020 - Open Agenda                                                                                                                                  Item 4

4.    Section 10A Annual Dog Control Report - 2019/2020

Type of Report:

Operational and Procedural

Legal Reference:

Dog Control Act  1996

Document ID:

942711

Reporting Officer/s & Unit:

Rachael Horton, Manager Regulatory Solutions

 

4.1   Purpose of Report

To present the territorial authority report on dog control policies and practices for the dog control registration year 1 July 2019 – 30 June 2020 for adoption by Council as required under Section 10A of the Dog Control Act 1996, prior to being submitted to the Secretary of Local Government and being made publically available.

 

Officer’s Recommendation

That Council:

a.     Adopt the Napier City Council Annual Dog Control Report 2019/20.

i.      That the report be submitted to the Secretary for Local Government and published in accordance with the Dog Control Act 1996.

 

4.2   Background Summary

Section 10A of the Dog Control Act 1996 requires territorial authorities to report on their dog control policy and activities annually.

The law requires that:

·     the report be adopted by Council and made publically available each year (subsection 1);

·     notice of adoption of the report be published in a daily paper or other newspaper that has an equivalent circulation within the district, or by any other means the territorial authority thinks is desirable (subsection 3); and

·     within one month of adoption, a copy of the report must also be submitted to the Secretary for Local Government (subsection 4).

4.3   Issues

The Napier City Council Annual Dog Control report 2019/20 is shown in attachment A

4.4   Significance and Engagement

Council officers have prepared the attached report in accordance with the Section 10A reporting requirements provided by the Department of Internal Affairs. No consultation is required for this report as it is a legislative requirement.

4.5   Implications

Financial

N/A

Social & Policy

N/A

Risk

Failure to adopt the report and make it available to the public would put Napier City Council in breach of the Dog Control Act 1996.

4.6   Options

The options available to Council are as follows:

a.     Adopt the report, submit it to the Secretary for Local Government, and publish it so that the information is publicly available to meet legislative requirements under the Dog Control Act 1996.

b.     Not adopt the report.

4.7   Development of Preferred Option

N/A

 

4.8   Attachments

a     Annual Dog Control Report   


Ordinary Meeting of Council - 27 August 2020 - Attachments

 

Item 4

Attachments a

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Ordinary Meeting of Council - 27 August 2020 - Open Agenda                                                                                                                                  Item 5

5.    Marine Parade  Reserve The Amazing Dinosaur Discovery

Type of Report:

Procedural

Legal Reference:

Reserves Act 1977

Document ID:

954480

Reporting Officer/s & Unit:

Debra Stewart, Team Leader Parks, Reserves, Sportsgrounds

 

5.1   Purpose of Report

The purpose of the report is to seek approval from Council allow Zirka Circus – “The Amazing Dinosaur Discovery” to locate on Marine Parade in the area south of the aquarium for the September 2020 School Holidays , 22 September to 13 October 2020 (inclusive of pack in and pack out).

 

 

Officer’s Recommendation

 

a.   That the Ordinary Meeting of Council resolves that the report be received.

 

b.   Resolve

i.    Pursuant to the delegated authority provided to the Council under the Instrument of Delegation for Territorial Authorities, dated 12 June 2013, to grant a licence under Section 54(1)(d) of the Reserves Act 1977 for Zirka Circus – The Amazing Dinosaur Discovery over part of the land described in the Schedule below (being a recreation reserve) for the purposes of operating the business of a circus for a term of no more than [21] consecutive days and otherwise in accordance with the provisions of the Reserves Act 1977, subject to any other Consents being granted.

               Schedule -

Legal Description

Identifier

Lot 3 DP 27728           

HBW4/780         

 

              

 

Mayor’s/Chairperson’s Recommendation

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

 

 

1.2  Background Summary

 

Zirka Circus – The Amazing Dinosaur Discovery have requested to locate on Marine Parade, in the area south of the aquarium (refer Figure 2 below), for a total of 21 days from the 22 September 2020 until 12 October 2020. The main attraction is considered to be the robotic dinosaur displays situated outside of the marquee. Inside the marquee there will be “dino-themed” activities, games, face painting, a baby dinosaur interaction and a bouncy castle”. The event schedule for The Amazing Dinosaur is as below (Figure 1).

 

a.          Dates: 22nd September - 13th October 2020; Pack In: 4x days (22nd-25th September);

b.          Pack Out: 3x days (11th - 13th October)Total number of sessions: 19

 

c.              MON

d.             TUE

e.              WED

f.               THU

g.             FRI

h.             SAT

i.               SUN

j.               21

k.             22

l.               23

m.           24

n.             25

o.             26

p.             27

q.             PACK IN

r.               1.00-3.00

s.              10.00-12.00

t.               1.00-3.00

u.             28

v.             29

w.           30

x.             1

y.             2

z.              3

aa.          4

bb.         NO SESSIONS

cc.          12.00-2.00

dd.         12.00-2.00

ee.          12.00-2.00

ff.            12.00-2.00

gg.         10.00-12.00

hh.         1.00-3.00

ii.             10.00-12.00

jj.             1.00-3.00

kk.         5

ll.             6

mm.     7

nn.         8

oo.         9

pp.         10

qq.         11

rr.            NO SESSIONS

ss.           12.00-2.00

tt.             12.00-2.00

uu.         12.00-2.00

vv.         12.00-2.00

ww.      10.00-12.00

xx.         1.00-3.00

yy.         10.00-12.00

zz.          1.00-3.00

 

          Figure 1  – Zirka Circus – The Amazing Dinosaur Discovery schedule of events

 

The Amazing Dinosaur Discovery will require the area to be fully fenced with 1.8m high fencing and will include a marquee the same size as previous events with the displays at the front and back of the tent.

 

 

 

Figure 2  – Area proposed to be occupied by Zirka Circus – The Amazing Dinosaur Discovery

 

Figure 3  – Layout provided by Zirka Circus – The Amazing Dinosaur Discovery.  Note – 4. The Big Top Tent is located on top of an existing Ngaio and the site layout would need to be adjusted to avoid this.

 

Zirka Circus have located on this site before and have been approved to do so via the Council’s Booking System.

 

However, Officers have recently been made aware that the correct process for allowing temporary commercial activities of this nature to occur in this location is to have Council resolve to issue a licence under Section 54(1)(d) of the Reserves Act 1977.

 

5.2   Issues

        Other Regulatory Requirements

Should Council approve the issuing of a Licence (subject to the Reserves Act), this in no way confers approval with any other regulatory requirements, including but not limited to, compliance with the Resource Management Act and Building Act.

 

We note that the District Plan allows Temporary Events of this nature for up to 15 consecutive days plus 5 additional days for setup and removal (totalling 20 days).  The application is currently requesting 21 days and on this basis would require Resource Consent.  The applicant has been advised that they will need to address all other regulatory requirements outside of the Reserves Act processes set out in this report.

 

Other issues

Zirka Circus has previously located on this site.  There have been a number of issues which have been addressed previously with the circus but would require further review with the new proposal.  These have included Health and Safety considerations, traffic management, damage to grounds, and set back from the Rotary Pathway.  If Council were of a mind to grant a Licence to Zirka Circus then Officers would work through these matters with the Circus.

 

5.3   Significance and Engagement

N/A

5.4   Implications

Financial

        Fees and charges would be in accordance with Councils Fees and Charges Policy.  This event would be charged $417 per day and the event would also be bonded.  Total cost for the hire of this area based on a 21 day occupation would be $8757 (incl.) plus a bond refundable if the grounds are left in good order. It is noted that on previous occasions Zirka Circus has not been charged for the pack in/pack out days.

 

Figure 4 – Extract from Councils Fees and Charges Policy

Social & Policy

Whilst the Reserve Management Plan for this area anticipates this type of activity, Council is still required to issue a Licence for the use of this area because it is vested as Recreation Reserve subject to the provisions of the Reserves Act 1977.

 

Risk

There has been no consultation with the community regarding locating this activity in this location. Noting that there are no specific requirements under the Reserves Act to undertake consultation for a temporary licence of this nature and furthermore that Zirka Circus has located here before without significant issue. 

Council has recently been approached by another commercial organisation who would like to also operate a temporary commercial event on Marine Parade. There is a risk that by allowing one activity to locate here that there will be a precedent for other similar activities. Approval is however, site specific and any application would be assessed (just like this one) on its own merits and based on the underlying Reserves Act classification. The risk of precedent therefore remains low.

5.5   Options

The options available to Council are as follows:

a.     Option A – Grant a Licence to Occupy for the area identified in Figure 2 above

b.     Option B – Grant a Licence to Occupy for an alternative site

c.     Option C – Do not grant a Licence to Occupy

5.6   Development of Preferred Option

Option A is the preferred location for the Zirka Circus – Amazing Dinosaur Discovery because of the high profile of this site.  There are a number of other sites including Anderson Park that may be suitable for this activity. The Marine Parade is only suitable for this activity on the basis that all other regulatory matters can be addressed which sit outside of this approval and the Reserves Act process.

 

Section 54(1)(d) of the Reserves Act gives Council the delegation to grant a licence on the basis that this ‘would be a business or occupation that will allow the public to obtain the benefit and enjoyment of the reserve’. It is my opinion that the proposal meets these requirements of the Act and the activity will contribute to the public obtaining benefit and enjoyment of the reserve. Accordingly a licence for this site can be issued under the Reserves Act should Council believe it is appropriate.

 

 

5.7   Attachments

Nil


Ordinary Meeting of Council - 27 August 2020 - Open Agenda                                                                                                                                  Item 6

6.    Unconfirmed Minutes Hawke's Bay Drinking Water Governance Joint Committee  - 13 February 2020

Type of Report:

Operational

Legal Reference:

Local Government Official Information and Meetings Act 1987

Document ID:

951700

Reporting Officer/s & Unit:

Devorah Nícuarta-Smith, Team Leader Governance

 

6.1   Purpose of Report

To receive the unconfirmed minutes of the Hawke’s Bay Drinking Water Governance Joint Committee meeting held on 13 February 2020.

 

Officer’s Recommendation

That Council:

a.     Receive the unconfirmed minutes of the Hawke’s Bay Drinking Water Governance Joint Committee meeting held on 13 February 2020.

 

 

6.2   Background Summary

The Hawke’s Bay Drinking Water Governance Joint Committee met on 13 February 2020 – the unconfirmed minutes of this meeting are attached.

6.3   Issues

N/A

6.4   Significance and Engagement

N/A

6.5   Implications

Financial

N/A

Social & Policy

N/A

Risk

N/A

6.6   Options

The options available to Council are as follows:

a.     To receive the unconfirmed minutes of the Hawke’s Bay Drinking Water Governance Joint Committee meeting.

 

6.7   Attachments

a     Unconfirmed Minutes Hawke's Bay Drinking Water Governance Joint Committee Minutes - 13 February 2020.   


Ordinary Meeting of Council - 27 August 2020 - Attachments

 

Item 6

Attachments a

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator

  


Ordinary Meeting of Council - 27 August 2020 - Open Agenda

REPORTS / RECOMMENDATIONS FROM THE STANDING COMMITTEES

 


Ordinary Meeting of Council - 27 August 2020 - Open Agenda

 

Reports from Sustainable Napier Committee held 30 July 2020

 

1.    Napier City Council Submission to the TANK Plan Change

Type of Report:

Legal and Operational

Legal Reference:

Resource Management Act 1991

Document ID:

944236

Reporting Officer/s & Unit:

Kim Anstey, Planner Policy/Analyst

Jon Kingsford, Director Infrastructure Services

 

1.1   Purpose of Report

The purpose of this report is to authorise Council Officers to lodge a submission to the Hawke’s Bay Regional Council’s (HBRC) Proposed Change 9 to the Regional Resource Management Plan (RRMP).  This plan change seeks to improve the management of fresh water in the Greater Heretaunga Catchments and is commonly referred to as the TANK plan change.

 

The Napier City Council submission will address the key points discussed at the Council workshop on June 25 and identified in section 1.3 below. A copy of the submission will be provided to Council prior to lodgement before the submission close date of August 14, 2020.

 

 

At the Meeting

The Policy Planner/ Analyst spoke to the report providing background to Council’s proposed submission to the TANK plan change. The submission is due Friday 14 August 2020.

Hastings District Council are putting a separate submission in but the appendix outlining the relief sought is the same as Napier’s.

In response to questions from councillors it was clarified that:

·     The current supply of potable water should remain secure throughout the change.

·     The potential implications of point 12 will be followed up on; this was an amendment requested by Hastings District Council.

It was noted that the process to work through the TANK plan change has been long and required a huge amount of work from a large variety of people.

 

 

 

 

Committee's recommendation

Councillors Taylor / Crown

The Sustainable Napier Committee:

a.     Authorise Council Officer’s to lodge a submission that addresses the key points of submission at section 1.3 below.

 

Carried

 


Ordinary Meeting of Council - 27 August 2020 - Open Agenda

 

Reports from Future Napier Committee held 30 July 2020

 

1.    District Plan Review - Policy Approach of the Draft Plan

Type of Report:

Legal and Operational

Legal Reference:

Resource Management Act 1991

Document ID:

945299

Reporting Officer/s & Unit:

Dean Moriarity, Team Leader Policy Planning

 

1.1   Purpose of Report

a.   The purpose of this report is to follow up on the recent series of seminars held with Council between 19th March 2020 and the 25th June 2020 regarding the review of the District Plan; and

b.   For Council to approve the recommended policy approach for specific chapters so that officers can draft plan provisions within an agreed framework.

 

 

At the Meeting

The Team Leader Policy Planning spoke to the report, noting that this follows a series of workshops with Council, and captures the policy approach discussed at those times for formal adoption.

A public meeting is being arranged for  9 August 2020 regarding port noise.

A legislative update (National Policy Statement) which has impacts on the District Plan was released this week and comes into force immediately. There will be no minimum car parking requirements to be included in any District Plan across the country, so there is no mandatory requirement for developers to allow for car parking in any zones other than accessible car parks beyond 2022.

In response to questions from councillors it was clarified that:

·     Council will not be able to impose car parking requirements on developers locally but it is likely that car parking still be considered as most activities require some level of parks. Onsite parking has been the single biggest known hurdle to commercial and inner city development so it is possible that this has triggered the change.

·     It is possible that businesses may be in greater contact with Council’s Regulatory team around parking times outside their buildings as greater reliance on street parking develops over time.

·     Currently Council has a parking exemption area in town which may need to be worked through as there may be some rating implications.

·     A revisit of the parking strategy may be required, particularly in areas like Ahuriri, as greater public parking will need to be allowed for. 

·     Building heights are also touched on in the NPS, but there are only adjustments to Tier 1 areas (Napier being Tier 2). There is an increase in monitoring and reporting required, and if growth projections are not being met as requirement to notify MfE.

·     No impacts are anticipated on Napier’s heritage area and art deco buildings. Napier currently has quite a liberal approach to building height in central areas to act in an enabling way, but are not captured by the mandatory requirements to have taller buildings in town.

·     The public have access to information around the District Plan through open agendas. It was noted that the Plan is a work in progress and when it is at the point of being a Draft Plan this will be the best opportunity to see the updated proposals as a whole. However feedback is being sought in different ways from the public, including direct meetings in areas where the public may be more affected. Feedback will be separately reported through the Council at the next committee round.

 

Committee's recommendation

Mayor Wise / Councillor Browne

The Future Napier Committee:

a.     Endorse the recommended policy approach in the report, for preparing the Draft District Plan for the purposes of undertaking consultation and engagement with all interested parties within Napier.

 

Carried

 


Ordinary Meeting of Council - 27 August 2020 - Open Agenda

 

2.    DISTRICT PLAN REVIEW - DRAFT CHAPTER: Special Zone: Te Whanganui-a-Orotū (Ahuriri Estuary) Ecology and Stormwater Park

Type of Report:

Legal and Operational

Legal Reference:

Resource Management Act 1991

Document ID:

933479

Reporting Officer/s & Unit:

Yvonne Legarth, Policy Planner

 

2.1   Purpose of Report

To obtain the agreement of Council to remove the existing two zones that apply to land at Lagoon Farm in the operative district plan, and include a single special zone in the draft District Plan that implements a policy approach to achieve stormwater improvement and outcomes for the water quality and ecology of Te Whanganui-a-Orotū (Ahuriri Estuary).

 

The policy approach will then form part of the draft district plan and, subject to Council resolution, will proceed to pubic consultation.

 

 

At the Meeting

The Policy Planner spoke to the report providing an overview of the matter at hand.

In response to questions from councillors it was clarified that:

·     Any future recreational pathway in the area is allowed for, but will have to meet the positioning requirements to protect the estuary and ensure separation from any water treatment activities

·     The District Plan is only one tool is this space which operates at a higher level; it other options such as da specific wetland would be required for more specific ecological development

 

Committee's recommendation

Councillors Mawson / Wright

The Future Napier Committee:

a.     Endorse the replacement of the two zones that currently apply to land at Lagoon Farm in the operative district plan, with a single special zone in the draft District Plan that implements a policy and regulatory approach that controls activities to:

i.      achieve stormwater treatment and water quality improvements; and

ii.     ecological outcomes for the Te Whanganui-a-Orotū (Ahuriri Estuary); and

iii.    provides for recreation and controls limited commercial activities to ensure these are compatible with the ecological values of the estuary.

 

Carried

 


Ordinary Meeting of Council - 27 August 2020 - Open Agenda

 

3.    Adoption of Napier City Mobile Sign Bylaw

Type of Report:

Legal

Legal Reference:

Local Government Act 2002

Document ID:

942786

Reporting Officer/s & Unit:

Yvonne Legarth, Policy Planner

Rachael Horton, Manager Regulatory Solutions

 

3.1   Purpose of Report

To seek Council confirmation and adoption of the reviewed Mobile Sign Bylaw.

 

 

At the Meeting

The Manager Regulatory Solutions spoke to the report noting that the proposal is to adopt the Bylaw without amendment. Consultation has been undertaken and no submissions were received. There are also no complaints under the Bylaw such that would suggest the current setting is not fit for purpose.

In response to questions from councillors it was clarified that:

·     The business associations were not specifically spoken to as many of the signs in question are on trailers outside of the inner city area. 

 

Committee's recommendation

Councillors Mawson / Price

The Future Napier Committee:

a.     Note the information in the previous report to Council Meeting on 7 May 2020 that dealt with the need to review the Mobile Sign Bylaw 2013.

b.     Note that no submissions have been received on the proposal to continue the Mobile Sign Bylaw 2013 without amendment.  

c.     Confirm, in accordance with Section 155 of the Local Government Act 2002, that a Mobile Sign Bylaw 2020 is the most appropriate way of addressing the problems that mobile signs can have on:

i.      public and traffic safety

ii.     maintenance of aesthetic standards

iii.    control of offensive material on mobile signs

b.     Confirm that the Mobile Sign Bylaw is currently the most appropriate form of bylaw.

c.     Agree that the Mobile Sign Bylaw is not inconsistent with, or have any implications under the New Zealand Bill of Rights Act 1990.

d.     Confirm that a further review of the Mobile Sign Bylaw 2020 is to be undertaken as part of the process to prepare a consolidated Napier City Council Urban Environment Bylaw.

e.     Adopt the Mobile Sign Bylaw 2020

 

Carried

 


Ordinary Meeting of Council - 27 August 2020 - Open Agenda

 

4.    Civic Precinct Project Update

Type of Report:

Information

Legal Reference:

N/A

Document ID:

944857

Reporting Officer/s & Unit:

Fleur Lincoln, Strategic Planning Lead

 

4.1   Purpose of Report

This report is to provide an update on progress made, and next steps for the Civic Precinct Project.

 

 

At the Meeting

The Strategic Planning Lead spoke to the report, providing a brief background to the project. It is intended to engage an external consultant to develop a master plan for the precinct. The Deputy Mayor has been appointed to the steering group along with Councillors Chrystal and Wright. The first meeting is scheduled for next week and will focus on developing vision for the area.

In response to questions from councillors it was clarified that:

·     The master planning exercise is the first step in the process. While work has been undertaken in relation to costs, these will be further confirmed as the master planning becomes clearer. While it is clear that the civic building needs to be demolished there are more options in relation to the library.

The composition of the steering group was commended especially for the inclusion of mana whenua and youth.

 

Committee's recommendation

Councillors Brosnan / Wright

The Future Napier Committee:

a.     Receive the update provided on the Civic Precinct project

b.     Endorse the process to develop a Masterplan for the Precinct

 

Carried

 


Ordinary Meeting of Council - 27 August 2020 - Open Agenda

 

5.    Anna Spencer Statue

Type of Report:

Procedural

Legal Reference:

N/A

Document ID:

946459

Reporting Officer/s & Unit:

Fleur Lincoln, Strategic Planning Lead

 

5.1   Purpose of Report

The purpose of this report is to obtain approval for the installation of the Anna Elizabeth Jerome Spencer statue within road reserve of Napier’s CBD.

 

 

At the Meeting

The Strategic Planning Lead spoke to the report providing some information on the NZ Womens’ institute and Ms Spencer. There is currently no specific policy in relation to managing such large gifted items. The matter has already been considered by the Arts Advisory Panel and previous CE.

In response to questions from councillors it was clarified that:

·     The group who approached Council has been working with the Transportation Team as well as the Strategic Planning Lead. The site has been assessed and it is not believed that visibility or safety will be impeded by the installation.

·     The link held by Ms Spencer with both the cathedral and Napier Girls’ High School makes the location particularly appropriate.

·     The gift is a significant one and of a person who has made a strong contribution to the city. The public are already very fond of the existing personalities captured in bronzes and it is anticipated that Ms Spencer will also attract positive attention.

Thanks were extended to the Womens’ Institute for the very special gift.

ACTION Investigate whether it was intended that the Emerson Street statues be a triple set including a male architect on a bike cycling up to meet the woman and child.

 

Committee's recommendation

Councillors Taylor / Wright

The Future Napier Committee:

a.     Approve the acceptance of the gift to Napier City Council of the statue from the New Zealand Women’s Institute in perpetuity.

b.     Approve the installation of the Anna Elizabeth Jerome Spencer statue within road reserve on the corner of Cathedral Lane and Shakespeare Road, as well as a small storyboard detailing who Miss Spencer was, and her contribution to society.

 

Carried

 


Ordinary Meeting of Council - 27 August 2020 - Open Agenda

 

6.    Napier Recovery Funding

Type of Report:

Information

Legal Reference:

N/A

Document ID:

942991

Reporting Officer/s & Unit:

Michele Grigg, Senior Advisor Policy

Dean Prebble, Economic Development Manager

 

6.1   Purpose of Report

To provide an update on two funds established to progress the aims of the Napier Recovery Plan.

 

 

At the Meeting

The Senior Advisor Policy spoke to the report, providing an update on two funds recently established to help support local recovery.

The funds are not contestable and will be available until funds run out or until July 2021. A good level of interest has already been seen and 16 applications have been received as of the morning of 30 July 2020. The applications have been received from a wide range of groups.

 

Committee's recommendation

Councillor Crown / Mayor Wise

The Future Napier Committee:

a.     Note the information on two recovery funds recently established, those being:

·      Recovery Projects Fund

·      Te Puawaitanga – Green Communities Together Fund

 

Carried

 


Ordinary Meeting of Council - 27 August 2020 - Open Agenda

 

7.    Resource Consent Activity Report

Type of Report:

Information

Legal Reference:

Resource Management Act 1991

Document ID:

943179

Reporting Officer/s & Unit:

Luke Johnson, Team Leader Planning and Compliance

 

7.1   Purpose of Report

This report provides an update on recent activity within the resource consenting team. The report is provided for information purposes only for elected members, so that there is visibility of major projects and an opportunity for elected members to understand the process.

Applications are assessed by delegation through the RMA; it is not intended to have application outcome discussions as part of this paper.

This report only contains information which is lodged with Council and is publicly available.

 

 

At the Meeting

The Team Leader Planning and Compliance spoke to the report, noting that while resource consent applications did reduce during the COVID-19 response, since moving to Alert Level 1 there has been an upswing in applications. Specific applications were briefly touched on.

In response to questions from councillors it was clarified that:

·     Kainga ora developments will be included in the report moving forward where they meet the reporting criteria

 

Committee's recommendation

Councillors Taylor / Tapine

The Future Napier Committee:

a.     Note the resource consent activity update.

 

Carried

 


Ordinary Meeting of Council - 27 August 2020 - Open Agenda

 

Reports from Sustainable Napier Committee held 6 August 2020

 

1.    Three Waters Reform Programme - Memorandum of Understanding

Type of Report:

Contractual

Legal Reference:

N/A

Document ID:

951023

Reporting Officer/s & Unit:

Adele Henderson, Director Corporate Services

Jon Kingsford, Director Infrastructure Services

 

1.1   Purpose of Report

Provide information to Council on the Memorandum of Understanding being the first stage of the Three Water Services Reform Programme

 

 

At the Meeting

The Director Infrastructure Services spoke to the report noting that the environment is very fast moving.

There has been much discussion at both regional and national levels in relation to water which has culminated in new legislation at the national level intended to address regulatory issues. It is recognised that there has been underinvestment in infrastructure across the country in part due to lack of available funding to invest in smaller areas. The government has announced a post-COVID-19 recovery package which includes significant investment in 3 waters. Central government is looking to take a partnership approach with local government in implementing the proposed reforms. The proposed implementation is anticipated to take place over a three year period, which funding being released in tranches over the time period, from an immediate provision to address COVID19 recovery and outstanding needs through to funding for later works.

The MOU is intended to bring other councils to the point that Hawke’s Bay is already at through the regional work undertaken over the last 18 months. The MOU is non-binding but outlines specific expectations as to how any funding provided would be used. It also requires that a delivery plan must be developed and lodged with the DIA within particular timeframes, and also provides for quarterly reporting against the plan.

In response to questions from councillors it was clarified that:

·     It is ambiguous as to whether the funding can be used on currently planned works and clarification will be sought on this

·     This is an extraordinary meeting of the Sustainable Napier committee to allow for the report to be brought to the Maori Committee on 14 August and Council on 27 August as the decision on participating in the MOU is required by end of August. Further decision making in relation to the funding will also be brought to Council.

·     It would be difficult to consult given the very tight time frames within which Council must make its decision. The outcomes of the changes are very aligned with the direction Council is already pursuing.

·     The other Councils in the region have yet to consider the MOU in a formal way.

·     The wording of the MOU has been provided to all councils and it is expected that government would not be making any adjustments given the expectation that any signatory councils will have completed this by 31 August 2020.

·     It is believed that the ability to provide for different and unique water supplies is recognised, and the ability to enshrine different levels of service is possible in most agreements where there is a regional aggregation/ shared ownership model being implemented.

·     A number of principles were enshrined in the Hawke’s Bay regional review, one of which was protecting the interests of our communities. All the elected members and officers in the partner councils have ratified the principles, and central government have also been very interested in the regional work in Hawke’s Bay in developing their own thinking. Hawke’s Bay continues to take a leadership role in this space.

 

Committee's recommendation

Mayor Wise / Councillor Brosnan

The Sustainable Napier Committee:

a.     Approve entering into the Memorandum of Understanding and associated Funding Agreement and Delivery Plan for the first stage of the Three Waters Services Reform Programme. 

b.     Note the Reform Programme is part of the Governments programme to reform current water service delivery, into larger scale providers, to realise significant economic, public health, environmental, and other benefits over the medium to long term, and that signing this MOU does not create any obligation upon Council with regard to future steps of this reform programme;

c.     Note that details on the allocation of the funding will come back to Council as a separate paper.  Details of the actual funding are only provided on the signing of the Memorandum of Understanding.

d.     Delegate signing of the MOU to the Chief Executive, noting the attached is a template.

 

Carried

 


Ordinary Meeting of Council - 27 August 2020 - Open Agenda

 

Reports from Māori Committee held 14 August 2020

 

1.    Three Waters Reform Programme - Memorandum of Understanding

Type of Report:

Contractual

Legal Reference:

N/A

Document ID:

951022

Reporting Officer/s & Unit:

Adele Henderson, Director Corporate Services

Jon Kingsford, Director Infrastructure Services

 

1.1   Purpose of Report

Provide information to Council on the Memorandum of Understanding being the first stage of the Three Water Services Reform Programme

 

 

At the Meeting

<Enter text or delete row if not required>

 

Officer’s Recommendation

The Māori Committee recommend that Council:

a.     Approve entering into the Memorandum of Understanding and associated Funding Agreement and Delivery Plan for the first stage of the Three Waters Services Reform Programme. 

b.     Note the Reform Programme is part of the Governments programme to reform current water service delivery, into larger scale providers, to realise significant economic, public health, environmental, and other benefits over the medium to long term, and that signing this MOU does not create any obligation upon Council with regard to future steps of this reform programme;

c.     Note that details on the allocation of the funding will come back to Council as a separate paper.  Details of the actual funding are only provided on the signing of the Memorandum of Understanding.

d.     Delegate signing of the MOU to the Chief Executive, noting the attached is a template.

 


Ordinary Meeting of Council - 27 August 2020 - Open Agenda

 

6.    Māori Committee 'mechanics - update following Council meeting 16 July 2020

Type of Report:

Operational

Legal Reference:

Local Government Official Information and Meetings Act 1987; Local Government Act 2001

Document ID:

950823

Reporting Officer/s & Unit:

Devorah Nícuarta-Smith, Team Leader Governance

 

6.1   Purpose of Report

To provide an update to the Māori Committee on the proposal to reintegrate the Committee into Council’s six weekly meeting cycle, following the Council meeting of 16 July 2020.

 

 

At the Meeting

<Enter text or delete row if not required>

 

Officer’s Recommendation

The Māori Committee:

a.     Receive the update in relation to the proposal to reintegrate the Māori Committee into Council’s six weekly meeting cycle

 

 


Ordinary Meeting of Council - 27 August 2020 - Open Agenda                                                                                                                                  Item 1

Reports Under Delegated Authority

 

1.    Documents signed under Delegated Authority

Type of Report:

Information

Legal Reference:

N/A

Document ID:

953535

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 27 June – 31 July 2020.

 

 

Officer’s Recommendation

That Council:

Receive the report for Documents Executed under Seal for the period 27 June – 31 July 2020.

 

 

 

 

For the period 27 June – 31 July 2020

 

Date

Document

Presenting Officer

02.03.2020

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

 Jenny Martin

29/07/2020

Bond Replacement 43 Austin Street

Colin Hunt

29/07/2020

Easement in Gross 83 Coverdale Street

Paul O’Shaughnessy

 

 

1.2   Attachments

Nil


Ordinary Meeting of Council - 27 August 2020 - Open Agenda                                                                                                                                  Item 2

2.    Tenders Let

Type of Report:

Information

Legal Reference:

N/A

Document ID:

953539

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 27 June – 31 July 2020.

 

 

Officer’s Recommendation

That Council:

a.     Receive the Tenders Let for the period 27 June – 31 July 2020.

 

 

 

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

Contract 1267 Airport Wastewater Pump Station Replacement

Three suppliers were invited to tender and three tenders were received.

The Engineer’s estimate was $180,000.00.

It was recommended that the contract be awarded to Xylem Water Solutions NZ in the sum of $155,192.00. 

This recommendation was approved.

 

 

 

2.2   Attachments

Nil    


Ordinary Meeting of Council - 27 August 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.         Napier City Civic Award Nominations 2020

2.         Consideration of  Aquatic Centre tender

Reports from Sustainable Napier Committee held 30 July 2020

1.         Land Acquisition & Road Stopping - McLeod Road

 

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.  Napier City Civic Award Nominations 2020

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.  Consideration of  Aquatic Centre tender

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)(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 Sustainable Napier Committee held 30 July 2020

1.  Land Acquisition & Road Stopping - McLeod Road

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.

 

 


Ordinary Meeting of Council - 27 August 2020 - Open Agenda

 

 

Ordinary Meeting of Council

Open Minutes

 

Meeting Date:

Thursday 16 July 2020

Time:

10.00am – 11.31am

Venue

Large Exhibition Hall
Napier War Memorial Centre
Marine Parade
Napier

Zoom livestreamed to Council's Facebook page

 

 

Present

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

In Attendance

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

Chief Financial Officer

Investments and Funding Manager

Community Strategies Manager

Manager Building Consents

Manager Property

Team Leader Transportation

Team Leader, Planning and Compliance

Procurement Lead

Community Funding Advisor

Administration

Governance Team

 

 


 

Apologies

Council resolution

Councillors Taylor / Browne

That the apologies from Mayor Wise and Councillor Wright be accepted.

Carried

 

Conflicts of interest

Nil

Public forum

Project Prima Volta

A short background to Project Prima Volta was provided, noting that the intention is to help young people to find their voice and provide a performance platform for them.

Project Prima Volta is the ‘flagship’ programme focussed on providing opportunities for teenagers, and recently a new junior programme was initiated to provide similar opportunities for a younger age cohort. A further initiative is called ‘PPV Lab’, where an educator works in schools both demonstrating the pedagogy and training the teachers.

The team continued to offer what they could during lockdown but attendees learned throughout the experience how important singing together is to them.

The team have expanded their thinking about community options that they could offer, and are planning to partner with the Napier Civic Choir and the Symphonic Orchestra to offer a Christmas concert. The opportunity to participate in such a large event can be transformative  for many young people.

The team would appreciate Council’s support through subsidised tickets and provision of venue related costs, allowing the community to attend without cost being a barrier.

 

In response to questions from Councillors it was clarified that

·         The concert is intended to be indoors, ideally at the Municipal Theatre. The Theatre would also be required for rehearsals, meaning two non-consecutive evenings in the week before the concert.

·         Tickets would need to be used to help manage numbers in the venue, and are intended to be circulated in an equitable way.

·         Young people join the programme vis PPV Lab, dropping flyers into school and advertising via Facebook.

·         An application made to the Creative Communities Committee would mean that the team cannot apply for other Creative NZ Grants, and an submission has not been made to the Annual Plan process.

Announcements by the Chair

Nil

 

Minor Matters

Update on Marewa toilet block

 


 

Announcements by the management

Cemetery Plots

During Covid-19 lockdown, Council resolved to stop the pre-sale of cemetery plots.  As there is no current pressures from COVID, and a new part of the cemetery is now open, the team feel comfortable removing this requirement.  It can be reassessed if things change.

 

ACTION Governance will confirm the wording of the original resolution and if a specific resolution is required to overturn the existing decision this will be facilitated.

 

Confirmation of minutes

Council resolution

Councillors Simpson / Price

That the Draft Minutes of the Ordinary meeting held on 4 June 2020 be confirmed as a true and accurate record of the meeting.

 

Carried

 

Council resolution

Councillors Simpson / Price

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

 

Carried

 

Point of Order

A point of order was raised as to why the four reports brought through as new reports rather than being double debated at committee level.

Two of the reports were impacted by timing, and two are governance related which are typically brought direct to Council.

 

 

 


 

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 O’Toole, Procurement Lead

Robin Malley, Team Leader Transportation

 

1.1   Purpose of Report

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

 

At the Meeting

The Team Leader Transportation spoke briefly to reasons why this report has been brought directly to Council, including constraints in timing set by NZTA.

The Procurement Lead spoke to the report providing a brief overview of the focus for the strategy. The strategy is one part of a larger piece of work.

In response to questions from councillors it was clarified that:

·         The structure and content are set by an external party, and while there is a small amount of latitude the requirements are largely prescriptive.

·         The requirements do mean the document is not purely strategic but also includes a lot of procedural matters.

·         The transportation requirements within the broader strategy are to be reviewed within 12 months

·         Remove references to LTCCP which is an out of date term for Long Term Plans

·         The standard maximum contract period is 5 years but many organisations have longer periods in place. There would be the option to extend the period if desired.

·         The Agency was very complimentary about what Council has submitted and are very comfortable with how Council is intending to progress.

 

Council resolution

Councillors Price / Simpson

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.

 

Carried

 

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.

 

At the meeting

The Interim Chief Executive spoke briefly to the report, providing the background to this matter being brought to Council. The report is the culmination of a series of conversations with the Māori Committee over the last couple of months and is intended to re-integrate the Committee into the six weekly meeting cycle as part of Council’s double debate process, but in a more meaningful way than they participated in this cycle over the last three-year term. Following informal circulation where the proposal was positively received, the report was formally considered by the Māori Committee at the most recent hui where it was endorsed and the recommendation affirmed.

As a governance related topic, the report has then been brought direct to Council as is standard practice with these matters.

The Team Leader Governance spoke to the report, noting that the intent is to provide meaningful space and weight to the voice of the Māori Committee. In the last triennium information came to the Committee too late, or bypassed the Committee altogether (for example where a Decision of Council was taken at a Standing Committee).

In response to questions from councillors it was clarified that:

·         The proposal is not intended to override standing orders or the terms of reference of standing committees in relation to Decisions of Council. However Decisions of Council both bypass the double debate process which councillors see as a particularly strength and mean the Māori Committee lose their opportunity to consider and provide recommendations on the item in question, so the officers’ recommendation reflects that they are undesirable for several reasons.

·         Where the timing of a decision is significant, extraordinary meetings are another tool that can be used to facilitate this.

·         Internal changes have been implemented to support business units to plan better for upcoming reporting to Council. It is anticipated that ‘last minute’ matters will be driven by external time frames rather than internal ones.

·         The Māori Committee receives both new reports directly and standing committee reports. If this proposal is approved they will receive all standing committee reports.

·         The recommendations of the Māori Committee on any report taken directly to that Committee would be pulled into a Council agenda in the same way that those of standing committee are. 

·         The proposal allows for the demands of the InfoCouncil functionality as it interacts with the current agenda publication time frames set by the mayor.

·         There will be a time lag between any decision and implementation due to the InfoCouncil functionality, venue and supplier confirmation and the logistics to rearrange the meeting schedule.

·         Māori Committee hui are not currently livestreamed at the decision of the mayor, but this can be revised at any time as required, noting that there is a cost to all filing and livestreaming.

·         Standing committees, the Māori Committee and Council are all able to lay items on the table if required.

·         Councillors are welcome to attend Māori Committee hui and it will be confirmed that the invitations have been forwarded to the group.

·         This has been a timely opportunity to review the meeting cycle and report production timing as a whole. Available appropriate venues will also be required to be confirmed for meetings and workshops.

Councillors advised that they would prefer to consider the matter through a workshop prior to making a decision.

 

LAID ON THE TABLE

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

 

New Motion

 

Council resolution

Councillors Boag / Price

That Council:

a.     Lay this report and recommendations on the table in order for Council to consider the intent and implication of the report at a Council workshop to which the Māori Committee are invited.

 

Carried

 

 


 

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.

 

At the meeting

An updated Officers’ Recommendation was tabled incorporating greater clarity in relation to the remuneration of Māori Committee members.

The Team Leader Governance spoke to the report, providing a brief overview of the updates that have been made to the Local Governance Statement since it was originally received by Council on 12 March 2020.

In responses to questions from councillors it was clarified that:

·         The proposal to remunerate Māori Committee members $200 gross per half day attended of discretionary workshops is based on a total of $400 gross per day.

·         The half day ‘blocks’ are 8am to 12 noon and 1pm – 5pm regardless of the number of individual blocks in any block.

·         The Remuneration Authority’s mandate is to set the total remuneration for mayors and a remuneration pool which must be spent across all other councillors. Any remuneration for appointed members is an internal decision to a council.

·         Appointed members in other committees (such as the Audit and Risk Committee and Grants Sub-Committee) are also remunerated. The Grants Sub-Committee members are also paid per meeting and the rate was increased by Council resolution at the same time as the triennial increase to the Māori Committee rate in late 2019.

 

Council resolution

Councillors Boag / Browne

That Council:

Endorse the mayor’s proposed updates to the councillor portfolios

          Cr Ronda Chrystal – Tourism/ Council Facilities

          Cr Richard McGrath – Child Friendly City, City Services

          Cr Sally Crown – Economic Development

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

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

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

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

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

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

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

Note that all Māori Committee members (including the Chair) will be remunerated for attending any discretionary workshops of Council at a rate of $200 gross per half day 

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

 

Carried

 

 


 

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.

 

At the meeting

The Community Funding Advisor spoke to the report noting that the COVID-19 response has created some uncertainty around availability of funding.

In response to questions from councillors:

·         The event uses as many local artists as possible and it is anticipated that this approach would continue

 

ACTION Next year as the New Year’s Event is on a set date this report must come through to the community focussed committee (currently Napier People and Places Committee).

 

Council resolution

Councillors McGrath / Mawson

That Council:

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

 

Carried

 


 

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

There was no discussion on this item.

 

Council resolution

Councillors Simpson / Taylor

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

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

There was no discussion on this item.

 

Council resolution

Councillors Simpson / Taylor

The Audit and Risk Committee:

a.     Endorse the report.

b.     Note the risks identified.

Carried

 


 

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

There was no discussion on this item.

 

Council resolution

Councillors Simpson / Taylor

The Audit and Risk Committee:

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

Carried

 


 

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

There was no discussion on this item.

 

Council resolution

Councillors Simpson / 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

 


 

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

There was no discussion on this item.

 

Council resolution

Councillors Simpson / Taylor

The Audit and Risk Committee:

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

Carried

 


 

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

There was no discussion on this item.

 

Council resolution

Councillors Simpson / Taylor

The Audit and Risk Committee:

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

Carried

 


 

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

There was no discussion on this item.

 

Council resolution

Councillors Simpson / Taylor

The Audit and Risk Committee:

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

 


 

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

There was no discussion on this item.

 

Council resolution

Councillors Chrystal / Tapine

The Future Napier Committee:

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

 


 

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

There was no discussion on this item.

 

Council resolution

Councillors Chrystal / Tapine

The Future Napier Committee:

a.     Receives the report.

Carried

 


 

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

There was no discussion on this item.

 

Council resolution

Councillors Boag / Browne

The Napier People and Places Committee:

a.     Approve the Library Membership Policy

Carried

 


 

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

There was no discussion on this item.

 

Council resolution

Councillors Taylor / Simpson

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.

Carried

 


 

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

There was no discussion on this item.

 

Council resolution

Councillors Taylor / Simpson

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.

Carried

 


 

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.

 

At the meeting

There was no discussion on this item.

 

Council resolution

Councillors Price / Tapine

That Council:

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

 

Carried

 

 


 

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.

 

At the meeting

There was no discussion on this item.

 

Council resolution

Councillors Price / Tapine

That Council:

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

 

Carried

 


 

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.

 

At the meeting

There was no discussion on this item.

 

Council resolution

Councillors Price / Tapine

That Council:

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

 

Carried

  

Minor Matters

Marewa Toilet Block

The damaged toilet block at Marewa has now been assessed by Council’s insurance assessors and will now need to be structurally assessed to determine whether the block can be partially opened to provide some service. Signage is being placed in the areas notifying where the closest open facilities are.


 

PUBLIC EXCLUDED ITEMS

 

Council resolution

Councillors Mawson / Crown

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

Carried

 

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.

 

The meeting moved into committee at 11.31am then adjourned for a short break.

 

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

 

 

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

 

 

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

 


Ordinary Meeting of Council - 27 August 2020 - Open Agenda

 

 

Extraordinary Meeting of Council

Open Minutes

 

Meeting Date:

Friday 24 July 2020

Time:

2.00pm – 2.01pm

Venue

Large Exhibition Hall

Napier War Memorial Centre

Marine Parade

Napier

 

 

Present

Mayor Wise, Councillors Boag, Mawson, McGrath, Price, Simpson, Tapine, Taylor

In Attendance

Director Corporate Services, Director City Strategy

Manager Building Consents

Audit and Risk Committee external members – John Palairet and David Pearson

RiceSpeir representatives - Nathan Speir and Luke Fraser

Administration

Governance Team

 

 


 

Apologies

Council resolution

Councillors Tapine / Boag

That the apology from Councillors Brosnan, Browne, Chrystal , Crown and Wright be accepted

 

Carried

 

Conflicts of interest

Nil

Public forum

Nil

Announcements by the Mayor

Nil

Announcements by the management

Nil

 

   

 


 

PUBLIC EXCLUDED ITEMS

 

Council resolution

Councillors Taylor / McGrath

That the public [except for the Audit and Risk Committee and two representatives from RiceSpeir] be excluded from the following parts of the proceedings of this meeting.

Carried

 

Agenda Items

1.         Hawkes Bay Airport Ltd Appointment of Director

2.         Delegation

3.         Legal Update

 

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 Ltd Appointment of Director

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.  Delegation

7(2)(g) Maintain legal professional privilege

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.

3.  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.

 

The meeting moved into Public Excluded Limited Distribution at 2.01pm

 

 

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

 

 

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

 

 

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

 


Ordinary Meeting of Council - 27 August 2020 - Open Agenda

 

 

Extraordinary Meeting of Council

Open Minutes

 

Meeting Date:

Wednesday 12 August 2020

Thursday 13 August 2020

Friday 14 August 2020

Time:

Wednesday 9.05am – 2.46pm

Thursday 9.00am – 5.00pm

Friday 9.07am – 11.48am

 

Venue

Large Exhibition Hall
War Memorial Centre
Marine Parade
Napier

 

Zoom

Livestreamed to Council’s Facebook

 

 

Present

Mayor Wise, Deputy Mayor Brosnan, Councillors Boag [from 11.08am, 13 August by Zoom], Browne, Chrystal, Crown, Mawson, McGrath, Price, Simpson [from 9.12am Thursday 13 August 2020], Tapine, Taylor, Wright

In Attendance

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

Chief Financial Officer

Team Leader Corporate Planning

Corporate Planning Analyst

Manager Community Strategies

 

Administration

Governance Team

 

 

The mayor opened the proceedings and welcomed attendees, noting that the meeting is being both recorded and livestreamed.

It was noted that most of the country moves back into Alert Level 2 (with Auckland moving into Alert Level 3) as of 12 noon today, and appropriate health and safety measures should be taken.

 

The recent passing of Minnie Ratima was noted with great sadness; she will be greatly missed by many in the community.

 


 

Apologies

 

Council resolution

Councillors Taylor / Price

That the apologies from Councillor Boag due to attending a tangi and Councillor Simpson who will be following the livestream while social distancing be accepted.

Carried

 

Conflicts of interest

Cr Taylor advised that he is a trustee of Sport Hawke’s Bay.

 

HEARING

Wednesday 12th August

Submission Number

Agenda Page Number

Speaker/s

Summary

249

283

(Attachments at page 446)

Neil Hallet and Moana Davis on behalf of Youth Impact Programme Aotearoa

9.10am

Neil and Moana spoke briefly on the Youth Impact Programme which is designed for young men aged 10-14 years.

The Programme team are also working with Hawke’s Bay Rugby Union and Hastings District Council regarding funding opportunities. Participants will follow an application process; currently working through how this would be promoted through schools and whānau. It is intended to include 40 participants from Napier and 40 from Hastings for the first programme.

 

173

189

(Attachment at page 371)

John Marshall and colleagues on behalf of Blokart Hawke’s Bay

9.20am

The representatives introduced the sport of blokarting with a short video.

An initial grant already received from Council provided for a square track. Since that time the membership has increased to 60 people (with a wide age range), and regular programmes have been run with organisations, businesses and the public. The sport is very appealing as it provides for those of differing mobility, and those who regularly use a wheelchair are able to participate. A youth development squad are in training for national and world events in 2021.

The club are requesting funding for a track expansion to support increased training and event opportunities; $30k, which is half of the quote provided. Funding is also being sought from other supporters. The expansion would allow for longer and more interesting courses to be set. It would also allow the club to manage wind interference stemming from a tree bank by lagoon farm. The contractors have been secured and the surveying completed.

The opportunity to could be opened to tourists interested in a more ‘adventure’ focused experience. Club members contribute via subs and a huge amount of volunteer support. Members of the public pay $25 for about 30-40 minutes track time. The club have a 5+5 year lease with Council for the land.

 

270

311

(Attachment at page 463)

Mark Aspden and colleague on behalf of Sport Hawke’s Bay

9.30am

Cr Taylor – declared conflict

 

Mr Aspden spoke to a short presentation outlining the work undertaken by Sport Hawke’s Bay over the last 12 months. Sport HB has had a longstanding contract with Council to support Council’s aspirations for the community in the realm of sport and health.

Sport HB have also provided support to the iWay programme and cycle strategy.

The team have been upskilling teachers to tie in with ‘education outside the classroom’ initiatives. A extended programme is being co-designed with Napier Boys’ High School providing NCEA credits while building skills to increase employability for school leavers.

Sport HB is now taking a coordination role to promote active living opportunities for the disability sector as there were no other organisations that might take on this role in the region. A gap has been clearly identified in this area and Council support is sought to help continue this programming.

The team spoke briefly to the impacts of the national response to COVID-19 to date, noting that so far the sector has been resilient but there have been challenges. It was noted that there are immediate ramifications from the new government announcement late 11 August 2020 for sporting events.

A clear regional vision for sports facility will be important for the future.

 

 

276

318

(Attachment at page 471)

Sue Miles and colleague on behalf of Environment Justice and Peace Network

9.40am

The representatives spoke in relation to social housing. The existing social housing provided by Council is primarily focused on older persons on their own, but there is a growing requirement for homes with more than one bedroom and in increased numbers as more people are unable to afford rents charged by private owners. Warm safe housing is an important contributor to wellbeing and Council is asked to consider how the housing stock can be better structured for the current needs of the community.

 

 

The meeting adjourned at 9.50am

The meeting reconvened at 10.50am


 

Council resolution

Councillors Mawson/ Tapine

That the apologies from Mayor Wise and Councillor Crown for the late morning session due to attending a tangi be accepted.

Carried

 

 

Submission Number

Agenda Page Number

Speaker/s

Summary

307

358

(Attachment at page 704)

Alan White on behalf of Cycle Aware Hawke’s Bay

10.50am

Mr White spoke to his submission noting that it is imperative that a comprehensive cycling network be developed, and Council meet its strategy in relation to active transport options.

There are many dangers inherent to cycling and pedestrian transport modes, and the submission request adjustments of speed limits to help mitigate these. Council is urged to establish a forum including representatives from the cycling and walking communities to begin addressing the provision of safe space for alternative transport modes to vehicles.

 

305

356

(Attachment at page 659)

Dymphi van der Linden and Jose Aparicio on behalf of Napier Civic Choir

11.00am

The representatives spoke to the Choir’s submission noting that $10K is requested to help support the provision of the Choir’s performances and help subsidise tickets.

The Choir consists of all ages, with about 70 members at any time.

The Choir maintains a reputation for high value attractive performances and is unique in that it actively partners with an orchestra. The opportunity to participate in the Choir has encouraged people to move to and visit the Hawke’s Bay.

The Choir have continued to prepare for upcoming performances throughout the national lockdown through virtual practices. Council funding would help provide financial security for the Choir as well as supporting access of the community to performances and events.

A previous funding agreement with Council has provided around $600k towards the Choir.

 

224

249

(Attachments at page 440)

Joan Plowman and Mark Cleary on behalf of the Napier Pilot City Trust

11.10am

The Trust representatives spoke to their submission, noting that social cohesion has been a key focus of the Trust for many years. Developing a child-friendly city plan is proposed as an important way that this could be achieved; the Trust are looking to Council to lead this. As a small Trust it is not believed that they hold capacity to lead the work, but would support Council leading through their networks, partners and engagement processes.

In response to a query as to why a wider “age friendly” focus is not being asked for (which would incorporate young people), it was commented that looking after rangitahi and tamariki is important, as if early care is not provided then there is less likelihood that they will have space and support to age and become the elders of a community. The input of older persons into any child friendly plan would be recommended.

A city-wide focus is needed, not just a lens on smaller sections of the community.

The Trust have previously put forward a plan to engage with small groups of the community in relation to responses to the COVID-19 epidemic.

 

304

355

(Attachment at page 656)

Bruce Carnegie and colleague on behalf of Grey Power

11.20am

The representatives spoke to their submission drawing attention to particular points.

Council was thanked for the support to older people provided during the national response to COVID-19 and particularly the lockdown, including the regular messaging and encouragement.

They also thanked Council for the easy-read consultation booklet and the opportunity to speak to Council, noting they find Hearings to be an important part of strong democratic process. The group are very interested in staying politically aware and engaged, and attend many meetings across the region as well as inviting speakers to their own gatherings to help facilitate this. Council was also thanked for vastly improving communication to citizens through livestreaming meetings, initiating ‘town huddles’, Facebook posts and other methods initiated to keep in touch. It was noted that not all older people have digital access, an contact through phone during the lockdown was very beneficial. Any continuing communication channels should be simple and consistent.

The challenges of limited income households was touched on, noting that rates rebates are often not available to double income households as they just breach the threshold.

 

20

24

(Attachment at page 362)

Gordon Sanson

11.30am

Mr Sanson is a builder and member of the registered master builders committee, as well as consulting for other building companies across the North Island. Mr Sanson spoke to his submission, noting his preference to maintain the core facilities currently available at the Onekawa Aquatic Centre and not move to Prebensen Drive.

He also spoke to his points in relation to enhancing funding for development of the Pandora Pond area, and providing a wave pool as part of the offerings at Anderson Park. He hasn’t given extensive thought to options for the wave pool in the off seasons, but briefly noted that polo or a covered area could be considered. He also noted that artificial beaches are popular options in other warm climate areas.

He suggested that the Prebensen Drive area could be developed for garaging, and offered for storing campervans or for running home businesses.

These suggestions would save money from developing an aquatic centre, and redirect this into other aquatic related areas.

 

281

324

(Attachment at page 596)

Robin Gwynn

11.40am

Dr Gwynn spoke to his submission noting that he was pleased that formal Hearings had been reinstated this year.

He noted that there may be opportunities to promote Napier’s water quality as a tourism asset, and that this should be borne in mind when considering chlorination options.

He advised that in relation to wheelibins, not everyone lives in flat areas where they are easy to move to a kerb, especially for older persons. He noted that there was a missed opportunity to speak to neighbourhood watch groups and others in particular areas about potential implications of a decision to be made, to localise consultation.

He advised that he hoped that consultation would be seen by Council as a rich and ongoing discussion with the community, and not a legal ‘tick-box’ exercise.

Dr Gwynn also spoke in regards to social housing, remarking that with the growing need in the community for affordable housing Council should not be considering selling any housing stock. Councils have a role to play in providing for the fundamental needs of the community. He was open to the model where leasing the stock to a community provider would allow access to greater central government funding thereby allowing for increased overall provisions. He supports the Napier Pilot City Trust submission asking for greater emphasis on the social pillar of Council’s activities.

Dr Gwynn also spoke briefly in relation to the War Memorial, noting that increased community opportunity to participate in decisions in this space was important.

Dr Gwynn also spoke in relation to the current boundary arrangements, and suggested that a revision be looked at, as there are areas which fall within the Hastings boundary but where the residents seek provisions and opportunities within Napier as this is the closest city to where they live.

 

296

345

(Attachment at page 616)

Pat Magill

11.55am

Mr Magill spoke to his submission, noting that the City was designated as a Pilot City in the 1980s to look at ways to address violence. He asked that the contributions of those in the past be honoured by reviving Napier as a pilot city, and reinstating the murals prepared a number of years ago featuring the pilot city logo.

He asked that Council partner with the Napier Pilot City Trust and Te Taiwhenua O Te Whanganui-a-Orotū to take consistent planned social action.

Mr Magill also asked for a child-friendly area to be created in the Maraenui central precinct.

He noted that a pilot city has a lot of potential to create positive opportunities for youth in the city.

 

 

The meeting adjourned at 12.03pm

The Mayor and Councillor Crown re-joined the meeting, which reconvened at 1.32pm. 

 

Submission Number

Agenda Page Number

Speaker/s

Summary

179

196

 

Willow Noome and Marjolaine Stranaghan on behalf of the Napier Youth Council

1.32pm

The representatives spoke to their submission noting that it would be great to see multi-purpose recycling bins alongside the waste bins in the city to better encourage recycling and appropriate waste management. The bins could start a process of education around the impact of waste; there could be opportunity to remove all bins but currently that is likely to increase litter levels.

The Youth Council are asking for an increase in the funding allocate to them for grants that they manage over the year; this would allow for an increase in categories and the ability to create a large annual prize. Grants are allocated to young people often seeking to be part of activities such as Outward Bound. The decision is made by the whole Youth Council; they are not aware of the applicant when considering their request to mitigate bias. 

The representatives noted that the current iteming of Council meetings makes it difficult for youth to attend and asked how their participation could be better encouraged.

 

299

349

(Attachment at page 617)

Pauline Doyle on behalf of Guardians of the Aquifer

1.40pm

Ms Doyle spoke in relation to concerns held by the Guardians in relation to chlorination, and information previously shared by Council in relation to transgressions in the Council network, stating that there is no clear evidence that a new reservoir or expensive treatment plants are required. Ms Doyle is also concerned about health effects believed to be caused by disinfection by-products.

Ms Doyle also noted that in conversation with consultants it appeared that residual chlorine would not have made a difference in events such as the Havelock North breach. It was requested that Council rethink how money is spent on water. Concerns were expressed that a solution may have been agreed before full investigations into chlorine-free options have been undertaken. It is believed that there are further options that have not been noted so far in the Pattle Delamore review. There are people in the Napier community that Pattle Delamore could be speaking to on this matter.

A Napier solution could be based on the updated Christchurch water safety plan which is currently being reviewed by international experts, if a copy is able to be sought.

It is believed that Napier has very clean bio-stable water which will not support infections; however it was agreed that leakage may be an issue, although the potential possible levels identified through modelling are believed to be high.

 

303

354

(Attachment at page 655)

Angie Denby and Lyn Anderson on behalf of the Ahuriri Estuary Protection Society Inc.

1.55pm

Ms Denby noted that the Society has been in place since 1981.

The Society requests a return to face-to-face consultation where possible, noting that they did appreciate the impacts of the COVID-19 response on what was possible.

The Society has concerns that a delay in funding will slow addressing issues around the estuary, and would like reassurance that the delays are temporary. The Society thanked the Environmental Solutions Team of Council for the work they do.

There are changes to the ecology impacting on the estuary from the higher salt environment created by pump station changes, for example where an invasive tube worm is benefiting from the salt which it responds well to.

The Society would like to see better collaboration between all the parties involved in protecting the estuary.

 

50

54

Karl Jager

2.00pm

Mr Jager spoke to his submission, asking whether the cubby areas in the library will be continued when it is moved back into its new space and noted he hopes that the library will be modernised as well.

He asked that rebates be offered for home filtration systems where people have installed these to address chlorination.

He noted that increased CCTV cameras could help alleviate speeding and help identify perpetrators of violence who then leave a scene before responders arrive.

He noted that the wind picks up recycling (paper etc) off the top of the new recycling bins, which seems to contradict Councils’ statements in relation to waste bins.

 

301

352

(Attachment at page 631)

Sukhdeep Singh and Rizwaana Latiff on behalf of the Multicultural Association Hawke’s Bay Inc.

 

 

2.10pm

The representatives spoke briefly about the work of the Association, and asked for Council to increase focus on the multi-cultural area in its commitment to providing a vibrant and safe community. The different ethnicities in Napier make a large contribution to the community in many ways. The importance of a migrant voice and the creation of a multi-cultural strategy was emphasised to ensure issues of access, involvement and safety are addressed. The Association recognise the work recognised in developing such a strategy and are willing to partner with Council in completing this.

While Hastings District Council has a multi-cultural working group Napier does not currently; however it would be relatively simple to pull together a group of representatives including iwi as the Association are already in conversation with many groups towards this aim.

 

280

323

(Attachment at page 473)

Johan Ehlers on behalf of Kenny Road LLC

2.16pm

Mr Ehlers spoke to his submission in relation to financial contributions for development in the Te Awa area. He noted that contributions should match the costs of infrastructure, so neither more nor less should be charged. Kenny Road LLC has previously paid contributions but it no longer appears that the works contributed to are intended to proceed; there have been changes between the 2015 LTP and 2018 LTP and 2020 Annual Plan. Contributions made are ‘targeted’ and can only be used to create or support infrastructure in the area directly contributed to.

Mr Ehlers believed that there should be drop in contributions in line with the lower investment levels intended, and a refund for Kenny Road LLC.

 

201

222

(Attachment at page 390)

Susan Chappell on behalf of the National Council of Women Hawke’s Bay

2.30pm

Ms Chappell spoke to the Council of Women’s submission on the future of the Napier Women’s Rest. The Women’s Rest has been assessed as holding sufficient significance to be listed as category 1 Historic Building, and its aesthetic and historic positioning were touched on as well as its unusual placement as a WW1 memorial dedicated to women’s use. It is hoped that the building can be brought back to life, for example as an affordable community meeting room or as a women’s centre which would reflect the history of the building. Ms Chappell suggested that perhaps the Hastings Women’s Centre in Hastings could expand and the building host an Ahuriri Centre.

It has been noted that even in the wake of the recent COVID-19 response women are already noticeably disadvantaged and it would be ideal to see the building being used to provide support services to help in this space.

 

286

331

(Attachment at page 598)

Harlem-Cruz Ihaia

2.40pm

Ms Ihaia dedicated her submission to Minnie Ratima who walked her talk.

She spoke to a concept she has developed, a ‘village’ which creates space for people to be surrounded by support and help in their lives where they need it. This needs to be broader than employment, and include mental well-being, building cultural and identity well-being, surrounding people with whānau support where they may not have it otherwise. The intent being to expand the proposed Te Pihinga project to take a broader view.

 

 

The meeting adjourned at 2.46pm Wednesday 12 August 2020

 


 

The meeting reconvened at 9.00am Thursday 13 August 2020

 

Council resolution

Councillors Mawson/ Crown

That the apologies from Councillor Boag for the first morning session and Councillor Simpson for lateness be accepted.

Carried

 

Thursday 13th August 2020

 

Submission Number

Agenda Page Number

Speaker/s

Summary

235

263

 

 

Allen McMillan on behalf of Taradale Residents’ Association

9.08am

Mr McMillan spoke to the Taradale Residents’ Association’s submission on the Annual Plan, specifically noting that the Association strongly opposes closing the aquarium and requested that the Taradale community be consulted in relation to any further changes or development to green spaces in Taradale. He also expressed their concerns around the potential sale or lease of Council owned community housing and asked what consultation will be undertaken in relation to this matter.

 

 

Cr Simpson joined the meeting at 9.12am

 

233 and 278

261 and 321

Amelia and Emily Otto

9:18am

Emily and Amelia Otto spoke to their submission, requesting that Council continue with their work in relation to the National Aquarium ‘Project Shapeshifter’ and noted that they do not support this facility being closed.

They also requested that Council consider a carbon neutral green build for the building, and suggested a National Aquarium ‘think tank’ be established in order to better inform the public in relation to this project moving forward.

Amelia shared the results of her online survey, with over 1000 responses from her peers and teachers from other local schools, confirming that there was overwhelming support to retain and maintain the National Aquarium. 

223

248

(Attachment at page 435)

Richard Catley on behalf of Pirimai Residents’ Association

9.30am

Mr Catley spoke to the Association submission as the Chair, particularly in relation to the request to expand the Allen Berry reserve. Recent changes to land ownership mean that increased housing will go in to the area. The Association are concerned to ensure that reserve space is provided for, and are concerned about the reduction in road frontage. They would also like to know what the funding of $100k is allocated for. The Association would appreciate being involved in any discussions in relation to the area and particularly that Council maintain land for reserve area.

A small group of business owners in the area has been drawn together and are asking regularly what is happening in the area and expressing concern in relation to the land.

 

221

246

Bronwyn Edwards

9.37am

Ms Edwards spoke to a brief presentation on her submission related to car break-ins and theft in the Milton Road area.

Council is requested to take over the Napier City Safety Trust CCTV cameras to help ensure safety in the city and back up private cameras in tracing thieves.

Ms Edwards also asked for a safety group to be formed in Council to review these types of matters.

 

290

336

(Attachment at page 613)

Deborah Burnside on behalf of Clean Earth Ltd.

9.50am

Ms Burnside spoke to her submission noting that wheelibin contractors feel very unheard. Ms Burnside expressed concern that her business has been negatively impacted by the recent changes to recycling in Napier and the belief that local providers did not have realistic opportunities to tender due to the capital costs. She stated that Council has an obligation to ensure that local contractors are provided for.

She advised of instances where there have been safety issues related to wheelibins.

She asked that Councillors talk to local businesses that may be impacted before any decisions are made.

 

272

313

(Attachment at page 466)

Deborah Burnside on behalf of Jervoistown Residents’ Facebook Group

10.05am

Ms Burnside expressed concern that the Jervoistown area experiencing a lot of litter, have concerns about open drains, and would like better lighting and some beautification.  Some residents are concerned about the existing plantings.

She asked that Council continue to work with the residents in the area.

She also asked for some form of pathway or boardwalk along the wide berm by Burness Road as there is no kerb or gutter.

 

252

287

(Attachment at page 457)

Dick Grant and Rosamund Stewart on behalf of Ngā Toi Hawke’s Bay

10.12am

The representatives spoke to the Ngā Toi submission. The Trust is voluntary and has limited resources. Ngā Toi has been requested by Hawke’s District Council to implement their Arts and Cultural Strategy, which was drafted as a regional strategy; Council is requested to provide support and funding for arts and culture in Napier through Ngā Toi. The Strategy has little formally regarding implementation of the Strategy and specific funding has not been allocated to date. Funding from both councils and Creative NZ would allow the Trust to undertake a number of initiatives in the community.

Ngā Toi also see themselves as a potential sole contact for arts and culture in Hawke’s Bay when advocating to central government and Creative NZ.

It is anticipated that the implementation would be phased to ensure that resourcing is available and the councils are clear as to how their funding is being used.

 

 

 

The meeting adjourned at 10.24am

The meeting reconvened at 10.55 am

Cr Boag joined the meeting via Zoom at 11.08am

 

 


 

DELIBERATIONS

 

1.    Submissions on the Rates Remission Policy and Rates Postponement Policy, and Proposal to join the Local Government Funding Agency

Type of Report:

Legal and Operational

Legal Reference:

Local Government Act 2002

Document ID:

949321

Reporting Officer/s & Unit:

Garry Hrustinsky, Investment and Funding Manager

 

1.1   Purpose of Report

To present the submissions received on consultation documents relating to the Rates Remission Policy, Rates Postponement Policy, and proposal to join the Local Government Funding Agency.

 

At the Meeting

The Investment and Funding Manager spoke to the report, which draws together three policies reviewed by Council and now consulted on. In summary of the feedback:

  • 80% of the responses supported the amended rate remissions policy.
  • 100% of received responses supported the amended rates postponement policy. Where older persons may be experiencing financial stressors they are encouraged to contact Council
  • 100% of received responses supported the proposed to join the LGFA. One submitter suggested that it would make sense for Council to become a shareholder; while there is merit in the proposal, it is suggested that this be considered in the future rather than at this point in time.

In response to questions from Councillors it  was clarified that:

  • A change in LGFA membership status could be looked at in the next three years but after the “dust has settled” in relation to the COVID-19 response
  • The performance and status of Council’s participation will be regularly monitored

ACTION  Council to formally review the membership status with the option to become a shareholder in three years.

 

Council resolution

Councillors Taylor / Price

That Council:

a.     Adopt the amended Rates Remission Policy.

b.     Adopt the amended Rates Postponement Policy.

c.     Adopt the proposal for Napier City Council to join the Local Government Funding Agency as an unrated guaranteeing local authority.

 

Carried

 


 

2. .  Submissions on the Annual Plan 2020/21 Consultation Document

Type of Report:

Legal

Legal Reference:

Local Government Act 2002

Document ID:

950826

Reporting Officer/s & Unit:

Adele Henderson, Director Corporate Services

Caroline Thomson, Chief Financial Officer

Antoinette Campbell, Director Community Services

Richard Munneke, Director City Strategy

Jon Kingsford, Director Infrastructure Services

Natasha Mackie, Manager Community Strategies

Lauren Sye, Corporate Planning Analyst

 

2.1   Purpose of Report

To present the submissions received on the Annual Plan 2020/21 Consultation Document for Council’s consideration.

 

Action notes:

ACTION The results of the Auckland Watercare study into pressure transducers will be sought

ACTION A sample 120l bin will be placed in the customer service centre for the public to view the size

ACTION A list of all current Council strategies are to be provided to councillors

ACTION Council will evaluate its approach to strategies

 

Procedural notes:

Sport Hawke’s Bay – Cr Taylor declared a conflict and should not be considered as voting on this matter

Cr Tapine left the meeting at 12.01pm, returning at 12.06pm

The meeting adjourned at 12.34pm and reconvened at 1.33pm

The meeting adjourned at 5.00pm Thursday 13 August 2020

The meeting reconvened at 9.07am Friday 14 August 2020.

Cr Boag re-joined the meeting by Zoom.

Apologies for Lateness from Cr Taylor were accepted by the meeting.

Cr Taylor joined the meeting at 9.50am

 

Cr Mawson left the meeting briefly at 10.00am.

Cr Crown left the meeting at 10.00am.

 

The meeting adjourned at 10.20am and reconvened at 10.45am

 

Cr Crown re-joined the meeting at 11.00am

 

 

Officer’s Recommendation

That Council:

A. Overarching direction to Officers

Adopt the following officer recommendations, including any changes and/or additional recommendations arising from the deliberations and consideration of all submissions to the Annual Plan 2020/21 Consultation Document.

 

B. Rates, operating shortfall:  

That Council proceed with the officer’s recommendation, that is, to increase rates by 4.8% for 2020/21 and use the Parking Reserve ($4m) and the Subdivision and Urban Growth Fund ($2.74m) to fund the predicted operating gap of $6.74m in 2020/21. 

 

C. Officer’s submission:

That Council proceed with all the changes outlined in the Officer’s submission as attached to this Report (submission number 289) namely being:

 

C1.  Capital Programme key changes

C1.a Council agree the total Annual Plan 2020/21 capital programme be reduced from $72m to $59.5m, with $3.4m of projects to remain in the plan to be completed based on capacity availability.

 

C1.b Council agree to the key changes to the 2020/21 capital programme as per table below:

Proposed changes to capital plan

Original Budget

Officer submission Revised Annual Plan

Variance

Comment

Budget Adjustments

$10.99m

$7.78m

($3.21m)

Reduction in annual plan budget requirement and new requirements.

Move to future year

$9.99m

$500k

($9.5m)

Move project to future year – hold $500k for Onekawa Park investigations and Aquatic Centre design requirements.

To be prioritised based on capacity

$3.4m

($3.4m)

Leave in plan and completed based on capacity.

 

Proposed changes to operating budget

Original Budget 

Officer submission Revised Annual Plan 

Variance 

Comment 

Budget Adjustments 

$0 

$400k 

$400k 

New budget requirement for Ahuriri Regional Park funded from Three Waters government funding   

 

C2.  New requirements

C2.a Council note the following new requirements to the 2020/21 capital programme:

 

1.     Te Awa structure plan

·         $600K increase funded from Financial Contributions reserve for 2020/21 for Transportation infrastructure.

·         $500K increase funded from Financial Contributions reserve for 2020/21 for Water Supply infrastructure.

·         $500K increase funded from Financial Contributions reserve for 2020/21 for Wastewater infrastructure.

 

2.     Water supply

·         $100K increase funded by loans for Hospital Hill Falling Trunk Main.

·         $90K increased funded by renewals for Upgrade Water Supply Control System (SCADA). 

 

3.     Wastewater planning

·         A 30 year wastewater improvement programme is being developed and urgent works will be prioritised in 2020/21.  No extra funding allocation required for 2020/21. 

 

4.     Stormwater planning

·         Modelling and investigation work underway will inform priorities for capital works on pump stations in Napier for 2020/21.  No extra funding allocation required for 2020/21.

 

C3.  Aquarium expansion project

C3.a Council note:

·         That Council are still awaiting formal confirmation of central government’s funding commitment for the National Aquarium of New Zealand expansion project before the project continues to the next gateway.

·         The project and the budgets contained in the 2018-28 Long Term Plan assumed an upgrade would be undertaken, and as a result, maintenance costs and funding were reduced/removed. 

·         Council still have an obligation to maintain existing services, and to maintain the building requirements in the interim while a final decision on the project is made. 

 

C3.b Council agree to $1m of the funding currently allocated to the upgrade project to be reallocated to any building maintenance and maintenance of exhibits to an appropriate standard, until such time a decision is made around the next steps for this expansion project. The $1m for 2020/21 will be funded from the Parklands Reserve which currently sits in 2019/20 but can be carried forward.

 

C4.  Napier Aquatic Centre

C4.a Council note their previous resolution on 4 June 2020 to undertake investigations and design at the current Onekawa site or any other requirements and to complete further consultation with the community through the 2021-31 Long Term Plan or through a future Annual Plan.  

 

C4.b Council approve a transfer of $500K to 2020/21 from the Aquatic Expansion project fund to enable further investigations at the Onekawa site. This is funded from reserves.

 

C4.c Council note the funding of $500K will be used for a site investigation of Onekawa Park; concept design of one option on Onekawa Park (if site investigations show that the Onekawa site is practicable); and consultation with the community on the concept design. 

 

C5.  Library/Civic Building - funding for initial scoping of project

 

C5.a Council note there is a strong community mandate to return the Library to the Station Street site in some form, with 75% of submitters agreeing, 20% being neutral, and only 5% disagreeing.

 

C5.b Council agree to allocate initial funding of $500K in 2020/21 from Reserves to be brought forward from 2021/22 for master-planning for a civic precinct including to return the library to the old Library site.

 

C5.c Council note that the master-planning of the area will inform any funding requirements for the 2021-31 Long Term Plan. 

 

C5.d Council note a working party that includes councillors has been established to progress this project. 

 

 

 

C6.  Three Waters

 

C6.a. Council note the central government announcement of a package for three waters investment over the next twelve months with $50m earmarked for Hawke’s Bay councils over two tranches of funding e.g. $23m and $27m, including:

·         the Hawke’s Bay councils will need to sign a Memorandum of Understanding (MOU) with government for the first tranche of funding but it does not obligate moving to a new service delivery model. A separate report to approve the MOU will be provided to Council. 

·         Future tranches of funding are reliant on Hawke’s Bay Councils signing up to the concept of co-design on regional entities.

 

C6.b Council note that once the amount of central government funding is finalised for Napier, it will be tagged against specific operating and capital projects and budgets updated through the revised budget process during the first quarter of 2020/21. A separate report will be brought back to Council.  

 

C6.c Council note it is anticipated that Council’s share of the first tranche of funding would be fully spent in the 2020/21 year.   

 

C7.  Ahuriri Regional Park

C7.a Council agree to progress the concept development for the Ahuriri Regional Park as a priority in 2020/21 and match the contribution Hawke’s Bay Regional Council have assigned of $400k. 

C7.b Council agree to an increase in operating budget increase by $400k to fund the concept development of the Ahuriri Regional Park, funded from Three Waters central government funding (once this funding stream is received), with no impact on rates.

 

D. Financial policies and Local Government Funding Agency(LGFA) 

 

D1.  As per the resolutions made on the Council report at this meeting, titled, Submissions on the Rates Remission Policy and Rates Postponement Policy, and Proposal to join the Local Government Funding Agency, Council note

·         Council agreed to adopt the amended Rates Remission Policy

·         Council agreed to adopt the amended Rates Postponement Policy

·         Council agreed to adopt the proposal for Napier City Council to join the Local Government Funding Agency as an unrated guaranteeing local authority.

 

D2.  Consider funding requests and other submissions to the Annual Plan and provide direction to Council officers.

 

D3.  Council note the significant initiatives for 2020/21, which are Council’s work programme for the year. Council agreed to these initiatives on 11 June and they have been assessed through the Officer’s submission process to ensure they are fully resourced to be delivered in 2020/21.

 

D4.  Direct Officers to prepare the Annual Plan 2020/21 document in accordance with the recommendations above (i-vi).

 

D5.  Direct Officers to advise the submitters of Council’s decision in relation to their submission at the time of the adoption of the Annual Plan 2020/21 on 28 August 2020.

 

 

 

Council Resolution

 

New motion

Mayor Wise / Councillor Tapine

That Council:

A. Overarching direction to Officers

Adopt the following officer recommendations, including any changes and/or additional recommendations arising from the deliberations and consideration of all submissions to the Annual Plan 2020/21 Consultation Document.

 

A1. Including the following decisions and responses to consultation items:

Post COVID-19 Recovery Plan

·         Note the submissions received on this consultation topic

Water

That Council

·         Reconfirms Three Waters as its number 1 priority

·         Notes progress is being made on the low manganese source water and network improvements to address dirty water

·         Notes progress is being made in the independent chlorine free review, the report on which will be brought to Council by the end of this calendar year

·         Provides an early indication that the report will be peer reviewed

·         Request that the scope of options being assessed in the chlorine free review include not only the Dutch model but all options for a unique chlorine free solution for Napier

·         Asks that the chlorine free review consultants speak with local stakeholders and previous senior water employees of Council to tap into local knowledge in the investigation and identification of all chlorine free options

·         Notes the work being carried out by Hawke’s Bay Regional Council on aquifer mapping will be considered in future planning

·         Will continue to communicate with Christchurch City Council in relation to their Water Safety Plan and chlorine free proposal

·         Notes Council intends to roll out a comprehensive communications and engagement strategy shortly on our water and water programme including our chlorine free work

·         Confirms it will investigate the introduction of a Council assisted household filter programme similar to the Hawke’s Bay Regional Council “Healthy Homes” programme, where households can spread the initial cost of a filter over their individual rates

Kerbside Waste

·         Note that there is a communication plan in place and further information will be shared with the community both in the lead up to, and with, the delivery of the wheelibins

Napier Library Civic Precinct

·         Note that the community feedback received in the submissions will be forwarded to the Civic Precinct Steering Group for consideration in the drafting of a Masterplan for the development of the Library on the Station Street site

·         A communications plan be developed to inform the community on the Civic Precinct project, in line with the Steering Group Terms of Reference

·         Note that the Taradale Library seismic strengthening is scheduled to commence in two weeks’ time, and further upgrades will be considered as part of the 2021-2031 Long Term Plan

Street Management

·         A review of the current CCTV system and Policy will be undertaken to include guidelines around placement of cameras across the city, management (including technical capability specification) and privacy matters, subject to funding approval

 

A2. Including the following direction in relation to funding requests:

Napier Youth Council

·         That the funding to the Youth Council for Youth Awards be increased to $7,000 to be funded from the Community Development Projects fund.

·         That the Youth Council provide a funding allocation policy to Council

·         That feedback on grants made in the 2020/21 year be brought back to Council

Sport Hawke’s Bay – Cr Taylor declared a conflict and should not be considered as voting on this matter

·         That no change be made to the standing Service Level Agreement, but that Council meet with Sport Hawke’s Bay in the lead into the Long Term Plan

·         That a one-off grant be considered for the Bike in Schools programme, following an application to the Council Projects fund

·         That a one-off allocation of $10,000 be made from the Council Projects fund.

·         A potential increase to the Service Level Agreement in relation to a disability focussed resource would be considered through the Long Term Plan

Blokart

·         That the Club are invited to make an application to the Recovery Fund which includes their long term strategic plan; Council officers will work with the Club as they develop their application

Napier Civic Choir

·         That Council will honour the existing commitment to including a new Service Level Agreement with the Choir through the 2021-2031 Long Term Plan process, and advise the Choir that a proposal will be sought from them in relation to this 

·         An additional allocation of $3,000 funding be given this year from the Arts Policy allocation.

Pirimai Residents Association

·         That a meeting be arranged with the Association to discuss options to link in with other resources such as the Rotary Pathways Trust

·         That advice and input be provided to any concept developed to ensure that Council’s infrastructure is protected

Ngā Toi

·         That $10,000 be funded from the Arts Policy allocation

·         Council notes that Ngā Toi will be bringing their plan for implementation of the regional strategy later this year; it is anticipated that meetings will take place prior to this to ensure the proposed implementation aligns with Council’s City Vision and other relevant strategic documents.

Taradale Community Pool Trust

·         Council will seek further information from the Pool Trust on their request and also encourage the Trust to develop their rationale for any future requests, for example through an application to another grants fund. It is noted that as the Trust are requesting a service level agreement this would be best received through the Long Term Plan process.

Youth Impact Programme Aotearoa

·         Council indicates support in principle for the Programme, and will seek further information so that their request can be assessed against the criteria of the Community Development Projects fund

·         The Programme is also encouraged to seek funding from other sources

 

 

Te Taiwhenua o te Whanganui-a-Orotū

·         Council will consider the request as part of the Memorandum of Understanding discussions currently underway.

·         Development of the MOU sits within existing budgets.

NZ Chinese Language Week Charitable Trust

·         Council will contact the New Zealand Chinese Association (Hawke’s Bay branch) Inc. to discuss how Council may support them to provide localised events during Chinese Language Week.

·         A response will also be sent to the requestor advising that Council will be working with the local branch of the NZ Chinese Association, and while their request is appreciated it is declined in this instance.

 

A3: Including the following other decisions and responses of Council to submissions:

·         Strategy requests 

o    Multicultural Association

Council supports the development of a strategy in principle and will engage with the Multicultural Association to discuss and plan for this as part of the Long Term Plan

 

 

o    Cycle Aware Hawke’s Bay

Council is a participant in the development of a wider transportation strategy through the Regional Transport Committee, and will contact Hawke’s Bay Regional Council on behalf of Cycle Aware Hawke’s Bay a view to the group becoming a participant in this Committee.

Council will meet with Cycle Hawke’s Bay to discuss how Council can best partner with the group to achieve their desired outcomes.

It was noted that the regional cycle governance group is also considering transportation as part of the cycling programme.

 

 

o    Napier Pilot City Trust

Council notes that a current Youth Strategy is already in place, that the Youth Council uses to guide their work programme. Council is working with the Department of the Prime Minister and Cabinet and other councils on how the national Child and Youth Strategy can be given effect at a local level.

Council recognises the Napier Pilot City Trust as a key stakeholder in this area, and encourages the Trust to partner with Council in the development of the action plan to the Strategy.

A stocktake is currently being taken of activities underway in the youth sector which will inform any future actions planned and identify any gaps.

 

 

·         Level of rates vs CPI

Council advises that the consumers price index (CPI) is a measure of inflation for New Zealand households. It records changes in the price of goods and services.  The costs of Councils are subject to other cost increases including labour and construction markets.  The Local Government Cost Index (LGCI) therefore better reflects Council’s cost increases. 

At the moment Councils are also facing other cost pressures such as legislation changes, COVID-19 and standards, which is putting pressure on rates increases in line with CPI.  This year has been challenging for Council, and this is reflected by the use of reserves to meet its operating deficit and consulted with the community on this.  This balanced affordability of the community and the need to meet the costs of Council.

 

·         Living Wage 

Council will prepare a report investigating the numbers and costs involved in implementing the living wage for permanent full time employees of Council, including the requirements and implications of becoming an accredited living wage employer, and comparable wages across the region, for consideration ahead of the Long Term Plan.

 

·         Pirimai Residents Association

Council have considered the four requests within the Pirimai Residents Association submission and will meet with the Association to discuss all matters raised.

 

·         Community housing 

Council acknowledges that the review of Council’s community housing was delayed due to the national COVID-19 response. The options analysis is underway, with the final results to be brought to Council in early 2021; subject to major changes being proposed, this would be followed by a Special Consultative Procedure being undertaken with the whole of the community to inform the decision. 

Council is working with Kāinga Ora for the provision of public housing within Napier. 

 

·         Memorial Square community rooms

Council acknowledges and confirms the heritage and social significance of the Memorial Square community rooms.

Council will partner with the National Council of Women and Historic Places Hawke’s Bay to investigate options for strengthening and returning the building to community use.

Ways to celebrate the building and its history on its 2021 anniversary will be explored.

 

·         MTG Storage 

Council notes that the joint Working Group with Hastings District Council and Hawke’s Bay Museums Trust is making good progress with the identification of an appropriate site that caters for future growth of the collection in Hastings, and alongside this are considering a governance structure for the ongoing management of both the collection and the MTG. 

Some funding has been provided for in the current capital budget of council as the requirements of the storage building are considered.  This funding could be reallocated by Council as required.

 

 

 

 

 

·         Public Rubbish and Recycling bin policy

Council will develop a public waste receptacle policy which will include guidance on the placement and number of bins, including recycling bins, and a long term strategy for the provision of waste receptacles in public spaces.

 

 

Council will review the following topics separately and provide feedback to officers in preparing the final Annual Plan over the next week:

·         Aquatic facility 

·         Blokart trees

·         Jervoistown piping and path 

·         War memorial

·         Clive Square issues

·         Napier boundary 

·         Taradale park development 

·         The locals village concept 

·         Ahuriri estuary 

·         Aquarium

·         Local traffic speed and management plans 

·         Local procurement 

·         Sustainability policy - capital projects 

·         Chinese language - 5 day 5 phrases challenge 

·         Indoor children’s facility 

·         Eat street concept

·         Dog poo bags 

·         Disability access on footpaths

·         Parks on Clyde road re ambulances 

·         Cycleways 

·         Puketitiri road upgrade - website updates?

·         Safety council and cameras 

·         Seats in walkways - donations

·         Wastewater treatment options and disposal options 

·         Lobby central government to extend accessibility of rates rebates

 

 

B. Rates, operating shortfall:  

That Council proceed with the officer’s recommendation, that is, to increase rates by 4.8% for 2020/21 and use the Parking Reserve ($4m) and the Subdivision and Urban Growth Fund ($2.74m) to fund the predicted operating gap of $6.74m in 2020/21. 

 

C. Officer’s submission:

That Council proceed with all the changes outlined in the Officer’s submission as attached to this Report (submission number 289) namely being:

 

C1.  Capital Programme key changes

C1.a Council agree the total Annual Plan 2020/21 capital programme be reduced from $72m to $59.5m, with $3.4m of projects to remain in the plan to be completed based on capacity availability.

 

C1.b Council agree to the key changes to the 2020/21 capital programme as per table below:

Proposed changes to capital plan

Original Budget

Officer submission Revised Annual Plan

Variance

Comment

Budget Adjustments

$10.99m

$7.78m

($3.21m)

Reduction in annual plan budget requirement and new requirements.

Move to future year

$9.99m

$500k

($9.5m)

Move project to future year – hold $500k for Onekawa Park investigations and Aquatic Centre design requirements.

To be prioritised based on capacity

$3.4m

($3.4m)

Leave in plan and completed based on capacity.

 

Proposed changes to operating budget

Original Budget 

Officer submission Revised Annual Plan 

Variance 

Comment 

Budget Adjustments 

$0 

$400k 

$400k 

New budget requirement for Ahuriri Regional Park funded from Three Waters government funding   

 

 

C2.  New requirements

C2.a Council note the following new requirements to the 2020/21 capital programme:

 

1.     Te Awa structure plan

·         $600K increase funded from Financial Contributions reserve for 2020/21 for Transportation infrastructure.

·         $500K increase funded from Financial Contributions reserve for 2020/21 for Water Supply infrastructure.

·         $500K increase funded from Financial Contributions reserve for 2020/21 for Wastewater infrastructure.

 

2.     Water supply

·         $100K increase funded by loans for Hospital Hill Falling Trunk Main.

·         $90K increased funded by renewals for Upgrade Water Supply Control System (SCADA). 

3.     Wastewater planning

·         A 30 year wastewater improvement programme is being developed and urgent works will be prioritised in 2020/21.  No extra funding allocation required for 2020/21. 

 

4.     Stormwater planning

·         Modelling and investigation work underway will inform priorities for capital works on pump stations in Napier for 2020/21.  No extra funding allocation required for 2020/21.

 

 

C3.  Aquarium expansion project

C3.a Council note:

·         That Council are still awaiting formal confirmation of central government’s funding commitment for the National Aquarium of New Zealand expansion project before the project continues to the next gateway.

·         The project and the budgets contained in the 2018-28 Long Term Plan assumed an upgrade would be undertaken, and as a result, maintenance costs and funding were reduced/removed. 

·         Council still have an obligation to maintain existing services, and to maintain the building requirements in the interim while a final decision on the project is made. 

 

C3.b Council agree to $1m of the funding currently allocated to the upgrade project to be reallocated to any building maintenance and maintenance of exhibits to an appropriate standard, until such time a decision is made around the next steps for this expansion project. The $1m for 2020/21 will be funded from the Parklands Reserve which currently sits in 2019/20 but can be carried forward.

 

 

C4.  Napier Aquatic Centre

C4.a Council note their previous resolution on 4 June 2020 to undertake investigations and design at the current Onekawa site or any other requirements and to complete further consultation with the community through the 2021-31 Long Term Plan or through a future Annual Plan.  

 

C4.b Council approve a transfer of $500K to 2020/21 from the Aquatic Expansion project fund to enable further investigations at the Onekawa site. This is funded from reserves.

 

C4.c Council note the funding of $500K will be used for a site investigation of Onekawa Park; concept design of one option on Onekawa Park (if site investigations show that the Onekawa site is practicable); and consultation with the community on the concept design. 

 

 

C5.  Library/Civic Building - funding for initial scoping of project

 

C5.a Council note there is a strong community mandate to return the Library to the Civic Precinct (Station Street and adjacent areas) in some form, with 75% of submitters agreeing, 20% being neutral, and only 5% disagreeing.

 

C5.b Council agree to allocate initial funding of $500K in 2020/21 from Reserves to be brought forward from 2021/22 for master-planning for a civic precinct including to return the library to the old Library site.

 

C5.c Council note that the master-planning of the area will inform any funding requirements for the 2021-31 Long Term Plan. 

 

C5.d Council note a working party that includes councillors has been established to progress this project. 

 

C6.  Three Waters

C6.a Council note the central government announcement of a package for three waters investment over the next twelve months with $50m earmarked for Hawke’s Bay councils that will be progressed once Council signs an MoU with the Crown.  The process for agreeing this will come to a Council before the end of August.

 

C6.b Council note that once the amount of central government funding is finalised for Napier, it will be tagged against specific operating and capital projects and budgets updated through the revised budget process during the first quarter of 2020/21. A separate report will be brought back to Council.  

 

C6.c Council note it is anticipated that Council’s share of the first tranche of funding would be fully spent by March 2022.   

 

C7.  Ahuriri Regional Park

C7.a Council agree to progress the concept development for the Ahuriri Regional Park as a priority in 2020/21 and match the contribution Hawke’s Bay Regional Council have assigned of $400k. 

C7.b Council agree to an increase in operating budget increase by $400k to fund the concept development of the Ahuriri Regional Park, funded from Three Waters central government funding (once this funding stream is received), with no impact on rates.

 

 

 

 

 

D. Financial policies and Local Government Funding Agency(LGFA) 

 

D1.  As per the resolutions made on the Council report at this meeting, titled, Submissions on the Rates Remission Policy and Rates Postponement Policy, and Proposal to join the Local Government Funding Agency, Council note

·         Council agreed to adopt the amended Rates Remission Policy

·         Council agreed to adopt the amended Rates Postponement Policy

·         Council agreed to adopt the proposal for Napier City Council to join the Local Government Funding Agency as an unrated guaranteeing local authority.

 

D2.  Consider funding requests and other submissions to the Annual Plan and provide direction to Council officers.

 

D3.  Council note the significant initiatives for 2020/21, which are Council’s work programme for the year. Council agreed to these initiatives on 11 June and they have been assessed through the Officer’s submission process to ensure they are fully resourced to be delivered in 2020/21.

 

D4.  Direct Officers to prepare the Annual Plan 2020/21 document in accordance with the recommendations above (i-vi).

 

D5.  Direct Officers to advise the submitters of Council’s decision in relation to their submission after the adoption of the Annual Plan 2020/21 on 27 August 2020.

 

Carried

UNANIMOUS

noting that Cr Taylor should not be considered as voting in regards to the resolution on Sport Hawke’s Bay due to his declared conflict on this matter only

   

 

The meeting closed at 11.48am Friday 14 August 2020

 

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

 

 

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

 

 

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