Meeting Date:

Thursday 8 October 2020

Time:

10am

Venue:

Large Exhibition Hall

Napier War Memorial Centre
Marine Parade
Napier

Livestreamed via Zoom on 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 19 November 2020

Officer’s Recommendation

That Council:

a.     Note the draft Revenue & Financing Policy, Rating Policy, Rates Remission Policy and Rates Postponement Policy were adopted by Council on 15 September 2020.

b.     Approve the Statement of Proposal amending the Revenue & Financing Policy, Rating Policy, Rates Remission Policy and Rates Postponement Policy.

c.     Approve the Consultation Plan for proposed amendments to the Revenue & Financing Policy, Rating Policy, Rates Remission Policy and Rates Postponement Policy.

Officer’s Recommendation

That Council:

a.     Receive Cr Wright’s resignation from the Hearings Committee

b.     Approve the Mayor’s proposed nomination of Cr Browne to the Hearings Committee seat vacated by Cr Wright

c.     Approve the additional nomination of Cr Simpson to the Hearings Committee

d.     Approve the additional nomination of a representative of the Māori Committee to the Hearings Committee

i.      Noting that the Māori Committee members will make the selection of the representative from their membership

e.     Note that officers will make any updates required to documentation from the resolutions above

At the Meeting

The Manager Community Strategies spoke to the report, providing a brief overview of the steps taken to date and highlighting the keys areas of the strategy. The Marketing Manager provided a short presentation on the brand visuals and how this will look for the community. Councillors were also shown the information now available on Council’s website at https://www.napier.govt.nz/services/water-2/water-projects/.

It was noted that the strategy focuses on everything that Council is doing in the water space, not just major projects.

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

·     The strategy includes projects that are currently underway. Other projects will be coming in and out of the framework and these will be included in the strategy once initiated.

·     Council officers intend to develop a Māori Stakeholder Engagement Plan to work alongside the strategy.

·     It was noted that ‘Water we’re on it.’ is a relatable statement which simply says to the community that Council is taking action in this space, and is in response to the key feedback from elected members that Council needs to demonstrate to the community that they are actually doing something.

Committee's recommendation

That Council:

a.     Approve the All Waters Communication and Engagement Strategy for implementation.

At the Meeting

The Team Leader Policy Planning spoke to the report noting that the report follows a number of Councillor seminars held this year. The specific topics addressed in this report include Heritage, Character Precincts, Potential rezoning in Ahuriri, Landscapes and Greenfield growth in the hills. An overview of each topic, including the recommendations, was provided.

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

·     The new sensitive activities condition for the mixed use zone around Coronation Street, Ahuriri, would likely be applied to a special control area within the specific risk contour. The risk contours would set the limitations of where any specific provisions would apply.

·     High impact, low probability events are one in a million statistical events.

·     Significant Natural Areas (SNA’s) and Landscapes are their own specific overlays.

·     SNA’s relate to indigenous biodiversity. There is a National Policy Statement currently in draft form, and expected to be passed into a Final Policy Statement next year, which is about raising the bar in terms of requiring Council’s to identify and protect significant natural areas. There are ongoing discussions with affected parties in relation to SNA’s and this topic has been pushed out to be dealt with at a later date.

·     Heritage classification is a matter of national importance and identifies individual buildings and groups of buildings. Character Precincts is a layer below that and best practice has been to try to preserve those areas and maintain them. This topic will likely be raised and discussed as the Draft District Plan progresses through to the final District Plan. 

·     The National Policy Statement requires Council to remove all minimum car parking requirements within the next 18 months in order to assist in breaking down the barriers to providing housing in the centre of town as well as encouraging the use of public transport. This will feed into the District Plan.

·     The Draft District Plan consultation period has been delayed due to Covid-19 but the intention was to have a Draft District Plan notified by around November this year. This may be impacted further as each stage relies on the previous workstream being completed. Council officers will be looking for a consultation window that is not already occupied by other projects and is cognisant of the LTP demands.

·     Council officers advised that it would be unwise to delay the District Plan process due to possible changes to the Resource Management Act, as it could be years before District Plans are replaced altogether. The work that is being done through the District Plan process is still important for Council and the community to consider. At this time, there is still a legal requirement to have a District Plan.

·     Oil facilities have health and safety requirements to manage a risk on site but they cannot prepare for everything. Council is required to understand the risks, how they work, and to convey that information to stakeholders that are impacted by it. This work is still in progress.

Committee's recommendation

That Council:

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

At the Meeting

The Director City Strategy spoke to the report noting that the principle would only apply to existing buildings that are being repurposed for residential. The application of a practice note would guide decision making for officers in situations where it might be appropriate to waive financial contributions.

A number of Councillors requested that other areas of Napier also be considered for inclusion. It was agreed that officers would consider what other areas may be appropriate and bring these back to the full Council meeting for possible inclusion.

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

·     It was noted that following the full Council meeting where this matter will be double debated, the practice note would not come back to Council. Council officers will develop the practice note in accordance with the principles set by Council. 

·     Another instance where a practice note has been developed is for pre-application meetings. This was done in order to formalise Council’s legal responsibilities where a proposed development requires the collaboration of multiple areas of Council.

·     The practice note recognises that a ratepayer has already paid for an existing development. In some instances, the services to that property are not being increased therefore it may be appropriate to waive financial contributions.

SUBSTITUTE MOTION

Committee's recommendation

That Council:

a.     Endorse the development of an Internal Practice Note for Planners that will provide additional guidance in the assessment and application of Financial Contribution conditions on resource consents applying to residential developments in the city centre.

b.     Note that consideration will be given to other areas of Napier before the final resolution is brought back to Council.

At the Meeting

The Team Leader Planning and Compliance spoke to the report, providing a brief overview and noted that there has been an increase in applications received in comparison to the same time last year.

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

·     The design panel were engaged in relation to West Quay due to the zoning and location, being the waterfront area of Ahuriri. The architects that form the design panel are Jacob Scott and Chris Ainsworth.

·     The application for West Quay included archaeological assessments in relation to the cultural significance of that site. This is currently being assessed. Heritage New Zealand also provided comment and proposed conditions to the applicant.

·     The variation to the Hospital Hill site was non-notified.

Committee's recommendation

That Council:

a.     Note the resource consent activity update

At the Meeting

In response to questions from Councillors, the Mayor confirmed that the local civil defence groups were consolidated two years ago under Hawke’s Bay Regional Council and Hawke’s Bay Regional Council has a targeted rate to fund the group.

Committee's recommendation

That Council:

a.     Receive the unconfirmed minutes of the Hawke’s Bay Civil Defence Emergency Management Group meeting held on 8 June 2020.

At the Meeting

The officer spoke to the report. It was noted:

·     A number of retrospective land issues may come to the Committee as the District Plan process is worked through.

·     Guidance is sought as to how consultation is best undertaken on these types of matters moving forward.

·     Previously consultation has been through the Taiwhenua and the appropriate Marae representative. For the Ford Road extension, consultation at the time was likely with one person who represented both entities; the records from the time are unclear. There has been no recent consultation with Mana Whenua.

·     Recognised that it is not ideal to be considering these types of matters retrospectively; it is important that the appropriate processes are put in place to ensure the Council process is correct in the future.

The Committee is an advisory body, not a consultative one and in light of that the recommendation will be endorsed only subject to appropriate consultation now being undertaken with Mana Ahuriri, Ngati Pārau Hapu Trust and the Taiwhenua.

Officer’s Recommendation

The Māori Committee:

a.    Endorse the revocation of Reserve status for Drainage Reserve land as described in the Schedule below.

SCHEDULE

Hawkes Bay Land District - Napier City

Committee's Amended Recommendation

That Council:

a.     Endorse the revocation of Reserve status for Drainage Reserve land as described in the Schedule below, subject to appropriate consultation being undertaken first.

SCHEDULE

Hawkes Bay Land District - Napier City

At the Meeting

In response to questions from the Committee it was clarified:

·     The Council receives 5% of the gross revenue of the Café.

·     The Café has been received well by the community and is doing a good trade.

·     The contract is on a two year renewal to give the business some surety, but also to give the Council some flexibility so other opportunities are not stymied. Other businesses along the Marine Parade have a similar contract for this reason also. 

The Committee noted it would be good to have a consistent action plan for leases along the Marine Parade so it is consistent.

ACTION:

1.   The Committee are to be notified how the greywater from Magnet Café is disposed of.

2.   Report on process for lease reviews and tendering for smaller sites along the Marine Parade to be brought to Council.

Officer's recommendation

The Māori Committee:

a.     Recommend that Council agree to grant a new lease, under Section 54(1) (d) of the Reserves Act 1977, for a pop-up café to continue to occupy the northern part of the Marine Parade Foreshore Reserve.

b.     That the initial term of the new lease be for a period of 2 years plus two rights of renewal of 2 years each.

c.     That the placement of outdoor furniture be allowed outside of the leased area but such placement to be approved by Council’s Team Leader Parks, Reserves, Sportsgrounds.

Committee's amended recommendation

That Council:

a.     Recommend that Council agree to grant a new lease, under Section 54(1) (d) of the Reserves Act 1977, for a pop-up café to continue to occupy the northern part of the Marine Parade Foreshore Reserve.

b.     That the initial term of the new lease be for a period of 2 years plus two rights of renewal of 2 years each.

c.     That the placement of outdoor furniture be allowed outside of the leased area but such placement to be approved by Council’s Team Leader Parks, Reserves, Sportsgrounds.

d.    That the terms of the lease specify that greywater is disposed of appropriately off-site.

At the Meeting

The Director City Strategy spoke to the report noting:

·     Officers are working hard to identify issues which the community will be experiencing now and in the future as a result of the impact of COVID-19.

·     As well as support for business innovations, Council has the Te Puawaitanga fund which supports natural environment initiatives which in turn also help to build a sense of community.

·     The fund allocation is ongoing and this meetings report is already out of date. Applications are being received regularly.

·     The two funds are only one aspect of the recovery plan, not the only approach.

The Committee expressed concern for current job seekers who will be competing with those yet to lose their employment due to the impact of COVID-19. Council ask business applicants to its funds to draw on local job seekers for the mahi they wish to carry out. The Committee recommended the recovery group connect with the Ministry for Social Development and Non-Government Organisations to provide support. Council is already doing this, but can do more.

Committee's recommendation

That Council:

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

·      Recovery Projects Fund

·      Te Puawaitanga – Green Communities Together Fund

At the Meeting

The Senior Māori Advisor spoke to the report noting:

·     All the Māori Advisors across Hawke’s Bay’s Councils have come together as a group to support each other in the development of Te Reo Māori policies and initiatives.

·     Current practices at Napier City Council is to put a ‘Māori lens’ on a project halfway through, which makes it hard for it to be meaningful. This lens needs to be applied from the beginning of projects. A goal will be that the policy will become a strategy.

·     Te Reo is an evolving language and Council needs be utilising relevant up-to-date resources in order to get it right. This means consulting with Ngāti Kahungungu and mana whenua to get a sense of what is expected from Council with Te Reo and Tikanga.

·     Staff are wanting to learn the language, and there are currently 15 doing an EIT course.

·     The Māori advisor group are developing a cultural app to be launched to all the Council staff working within the Ngāti Kahungungu region. This will have examples of waiata, pepeha, karakia and Marae names, and will be updated regularly.

The Committee supports the development of this policy, but feels it is even more important to consult over the implementation of the policy once developed. Many other Councils have a policy but no implementation; the previous Napier City Council Māori Consultative Committee endorsed implementation without a policy, but this also was not the right approach, both elements are needed.

Committee's recommendation

That Council:

a.     Approve that the Senior Māori Advisor leads the Te Reo Māori policy process. 

b.     Approve the Senior Māori Advisor to engage with external authorities to participate writing the policy.

c.     Investigate best practice for Council staff to follow process and procedures.

At the Meeting

The Manager People and Capability spoke to the report, providing a brief overview and noting that the activity in this report was undertaken in the last financial year.

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

·     Following the disbanding of the ACC accreditation system, presumably due to costs, Council is now investigating the option of an external auditor in order to meet their monitoring and checking requirements.

·     The PCBU must meet all their duties and obligations in accordance with the legislation and the ‘Officer’ is required to exercise due diligence in ensuring this occurs. This responsibility ultimately lies with the Chief Executive, as Council’s ‘Officer’, and those with significant decision making powers across the organisation (the Senior Leadership Team). From there, the risk is spread across the organisation as a whole.

·     Current legislation requires Council to manage asbestos exposure for all staff, even where the exposure occurred prior to being employed by Council.

·     The increasing number of injuries is likely a result of Council’s improved reporting in this area. It is important to understand how injuries occurred in order to prevent them from recurring. Full investigations are completed in relation to some incidents, e.g. the rock fall at Bluff Hill.

ACTION:  In order to identify whether any gaps exist, Council officers agreed to include the following in the Health and Safety Report moving forward:

·     The number of positions identified within Council that require health and safety training to be completed, compared to the numbers where training was completed.

·     The number of positions identified within Council that require health monitoring, compared to the number of workers screened.

Committee's recommendation

That Council:

a.     Receive the Health and Safety report.

At the Meeting

The Manager People and Capability spoke to the report and provided a brief overview. It was noted that officers have developed a comprehensive due diligence plan and the Health and Safety team are now considering how this can be rolled out and implemented across the organisation.

Committee's recommendation

That Council:

a.     Receive the report titled NCC H&S Charter and Due Diligence Work Plan.

At the Meeting

The Manager Property spoke to the report noting the change in broker to Aon, and that the existing Policy had been rolled over in order to align with the other Councils in the collective. Council officers intend to arrange an insurable risk profile workshop with the Audit and Risk Committee and Aon as soon as possible.

Officers confirmed that loss modelling will be completed for Council, which will provide a more detailed analysis of Council’s underground infrastructure and will be conducted by Aon and Tonkin Taylor. This will help officers to ascertain what Council should be insuring moving forward, and will also assist with the three waters resilience planning. It was noted that efforts were made to align this work across the region, however, the timing could not be agreed across the Councils.

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

·     It was noted that cyber-crime insurance is expensive and should be considered as part of the review of Council’s cyber systems. These systems need to be identified and assessed before insurance can be discussed.

·     The main policies do not have a shared limit with the other Councils in the collective, as these are insured on a policy-by-policy basis between each Council and the broker.

ACTION:  Council officers to consider and quantify the level of crime insurance in order to ensure the level of indemnity is adequate. Premium quotes to be requested for different levels of crime insurance.

Committee's recommendation

That Council:

a.     Resolve to receive the report on current brokerage and insurance arrangements

At the Meeting

The Risk and Assurance Lead spoke to the report noting that Sycle is a capable system and he will work with activity managers in order to update the risks over the next couple of months. This work has been aligned with the Long Term Plan development to ensure that managers are aware of and understand the risks pertinent to their business unit. It was also noted that currently, Covid-19 risks are acknowledged as strategic risks.

The Interim Chief Executive advised that Council needs to consider the overarching risk and determine the degree of risk that Council is prepared to accept. Council officers noted that the Municipal Theatre had been identified as an emerging risk, specifically, access for workers and contractors working above the stage. They are currently working at a height of seven metres trying to service lighting etc. Estimates have been requested and, at this stage, it appears that the installation of a catwalk will be the best option.

In response to questions from the Committee, it was noted that no project risks are included in the report as these are not currently included in the data. It was previously agreed that project risks should be managed within the design and projects team at a project level. When updating the data in Sycle, operational risks will be considered first with project risks at an organisational level to follow.

Committee's recommendation

That Council:

a.     Receive the Risk Management Report September 2020

b.     Note the Risk Management work being undertaken

c.     Note the current high and extreme risks

d.     Note the emerging risks

At the Meeting

The Director Infrastructure Services spoke to the report noting that of the $50Million allocated to Hawke’s Bay under the government’s Three Waters Reform programme, $12.5Million has been allocated to Napier City Council. A brief overview of the Funding Agreement and Delivery plan was provided, both of which were developed by Council officers following Council’s signing of the Memorandum of Understanding. Committee members were provided with draft copies of the documents previously provided to Council at the Extraordinary Meeting of Council held on 15 September 2020, and advised that final these will go back to Council before 30 September 2020 once the Delivery Plan has been finalised.

It was noted that the Delivery Plan details a $17Million work programme, and due to the short period of time required to implement the programme of work, resourcing had been identified as a risk. The risk being that Council may not be able to complete the work in the timeframe required as all Councils will be recruiting for the same skills and expertise at the same time. Council may need to adjust the work programme if this occurs and although Council’s preference is to employ staff on a fixed term basis, contractors and consultants may need to be considered.

The Director Infrastructure Services advised the Committee that a lot of work has gone into developing the Delivery Plan, interrupting other programmes of work, and that actual delivery of the work programme is again going to greatly impact staff workloads.

SUBSTITUTE MOTION

Committee's recommendation

That Council:

a.     Note the progress with Three Waters Reform Programme.

b.     Note that the DIA Funding Agreement and Delivery Plan will be circulated to the committee via email and any feedback is to be provided to the Director Infrastructure Services by 23 September 2020.

At the Meeting

The Chief Financial Officer spoke to the report, providing a brief overview and noting that as at 31 August 2020, Council had $54.3Million invested at an average interest rate of 2.14%, and the weighted average investment rate for the last 12 months to date is 2.53%.

Committee's recommendation

That Council:

a.     Receive the snapshot report on Napier City Council’s Investment and Debt as at 31 August 2020.

At the Meeting

The Chief Financial Officer spoke to report noting that expenditure items under the Mayor and Chief Executive, in relation to air travel for the Local Government New Zealand meeting, are now in credit with the airline as the meeting was attended via Zoom due to Covid-19 alert level restrictions. It was also noted that two transactions relating to costs in November have pulled through following a late credit card statement reconciliation.

Committee's recommendation

That Council:

a.     Receive the 30 June 2020 quarterly report of Sensitive Expenditure for the Mayor and Chief Executive and review for compliance with the Sensitive Expenditure Policy.

At the Meeting

The Chief Financial Officer spoke to report, noting that the report sets out the proposed internal audit programme for the 2020/21 year. The data analytics audit has been brought forward as this is able to be undertaken offsite by the internal audit providers.

Committee's recommendation

That Council:

a.     Resolve that the internal audit programme for 2020/21 from Crowe is received and approved.

At the Meeting

The Chief Financial Officer spoke to the report, noting that the annual update is provided by Council’s tax advisors PwC and includes commentary on current tax matters and a tax update.

Committee members agreed that they were comfortable with three yearly checks on this work programme.

Committee's recommendation

That Council:

a.     Receive the report from PwC titled ‘Napier City Council Annual Tax Update year to 30 June 2020’.

At the Meeting

The Manager Business & Tourism spoke to the report, providing a brief overview and  noted that the loan will be on favourable interest rate terms, payable over five years, and the funding support will help maintain aquarium operations.

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

·     Council officers are confident that the criteria and obligations in the funding agreement can be met as the application focussed on achievable objectives around developing the asset as well as the team.

·     Other tourism facilities successful in receiving similar grants include AJ Hackett Bungy NZ, Te Puia, as well as the Art Deco Trust. In granting this funding, central government have demonstrated that they recognise the National Aquarium of New Zealand as a strategic asset for the country.

Committee's recommendation

That Council:

a.     Approve to agree to the terms of the Strategic Tourism Assets Protection Programme (STAPP) funding agreement with MBIE.

b.     Approve to accept the funding in line with the agreement

$300k 20/21

$200k 21/22

c.     Delegate authority to the Director Corporate Services the negotiation of the loan agreement should Council wish to take this up.

d.     Delegate authority to the Director Community Services to sign the funding agreement and if required make any minor changes as required by MBIE (Ministry of Business, Innovation and Employment).

At the Meeting

The Director Corporate Services provided a brief overview of the report. There was no further discussion, or questions, from Councillors.

Committee's recommendation

That Council:

a.     Recommend that Council resolve pursuant to Section 114 of the Public Works Act 1981 to consent to the land described in the Schedule below to be declared road and vested in the Napier City Council.

SCHEDULE

Hawkes Bay Land District – Napier City

At the Meeting

The Procurement Lead spoke to the report and provided a brief overview of the work undertaken to date in the procurement space.

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

·     The reporting on procurement spend analysis referred to in the report is still being considered. Currently, the focus is on what suppliers Council is already using, who is using them and whether multiple suppliers are being used for the same thing across Council. The information being captured at present needs to be developed further before this would be considered useful to a wider audience.

·     The letter from the Auditor General wasn’t the trigger for this work being undertaken. The Procurement Lead was employed around 14 months ago and this work was already underway at that point.

·     The procurement strategy will assist Council with forward planning, in considering what can be done to support upcoming projects at an operational level.

·     Measures of success will be imbedded in the contract creation and performance measurement will be supported by the individual contract managers.

·     There will likely be financial implications due to the return of the four well-being’s and the consideration that must be given to these. Council will be looking at the broader outcomes i.e. assessing the cost across the life of an asset as opposed to just the upfront cost.

·     Council does not have a formal procurement policy at present (utilising the Contract policy as its basis). The purpose of this update is to note that this work is progressing in the background.

Committee's recommendation

That Council:

a.     Note the update on procurement and contract management at Council with particular reference to broader outcomes.

At the Meeting

The Team Leader Parks, Reserves, Sportsgrounds spoke to the report noting that this lease renewal and extension has been on Council’s radar for some time, and the reason for including the extra space is to allow Hawke’s Bay Hockey to apply for further funding.

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

·     Conversations with Unison over the power lines will likely continue to be an ongoing issue, due to cost.

·     It was noted that some of the proposed extra space previously formed part of Council’s stormwater overflow area. Council officers confirmed that stormwater will be addressed as part of the proposal, but not a functional part. 

·     The Chair advised that following discussions earlier in the week, the Manager Property had followed up with Hawke’s Bay Hockey and confirmed that the proposal is in line to meet their future demands.

·     In terms of developing the area further, car parking extensions will be Council’s responsibility.

Committee's recommendation

That Council:

Resolve:

i.      That pursuant to Section 54(1)(c) of the Reserves Act 1977, to grant a lease to the Hawke’s Bay Hockey Artificial Surface Trust for an area of land at Park Island Reserve accommodating the existing facility plus including provision for a proposed new turf.

ii.     That the term of the lease be for a period of 15 years, with one right of renewal.

At the Meeting

The Team Leader Parks, Reserves, Sportsgrounds spoke to the report noting that Council has been working on this with Nelson Park School and Fairhaven School for some time, and that the revised access way is simply tidying up existing use.

A couple of the Nelson Park Ward Councillors advised that they had visited the site and met with the schools to discuss the plan. It was noted that 12 car parks, currently used by teachers, will be lost due to the revised access way. Concerns were expressed by the Ward Councillors around the lack of car parking in the area and asked whether Council officers had any plans to mitigate this issue. 

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

·     The tree that needs to be removed is not a significant tree and Council officers do not consider there to be any issue with its removal.

·     Council has an agreement with the schools that part of Nelson Park be used as their school greenspace. With so many children moving across this area, the revised access way will address the current safety concerns by reducing traffic.

ACTION:  Council officers were asked to provide further information around the car parking concerns raised by Nelson Park Ward Councillors, when the matter comes back to the full Council meeting. Specifically, in relation to the 12 car parking spaces that will be lost.

Committee's recommendation

That Council:

a.     Resolve pursuant to Section 48 of the Reserves Act 1977, to approve the granting to Her Majesty the Queen for a Public School (‘the Grantee’) an easement over an area of land in Nelson Park adjacent to the Nelson Park School. This is to allow a turning circle to be completed and to formalise a right of way over the access way already formed, incorporating the vehicle turning circle and running between the existing school entrance and Jull Street.

Officer’s Recommendation

That Council:

a.     Receive the Tenders Let for the period 1 August – 18 September 2020.

Officer’s Recommendation

That Council:

a.    Receive the report for Documents Executed under Seal for the period 1 August – 18 September 2020.

Date

Document

3/08/2020

Surrender of Easement and new Easement 130 Charles Street

3/08/2020

Surrender of Easement, Partial Revocation of Easement 178 Guppy Road, Taradale

3/08/2020

Replacement Easement and Partial Revocation of Easement Silverhills Subdivision – Oak road

04/08/2020

Easement in Gross 162 Kennedy Road

18/08/2020

Deed of Renewal of Licence  - Coffee Caravan, Marine Parade

19/08/2020

Deed of Lease – HB Airport Ltd & BP Oil NZ Ltd

25/08/2020

Partial Revocation of Easement – Marewa Properties

25/08/2020

Easement Instrument and Fencing Covenant – 11 West Place

25/08/2020

Easement Instrument – 52 Bedford Road

25/08/2020

Partial Surrender of Easement Instrument and Easement Instrument – 34 Anzac Avenue

27/08/2020

Easement Instrument – 29 & 31 Masefield Avenue

27/08/2020

Partial surrender of Easement Instrument and new Easement instrument – 14 James Foley Ave

01/09/2020

Consent to transfer Lessee’s interest, Flat 1, 101 Battery Road, Napier

14/09/2020

Partial Surrender of Easement and new Easement – 239 Kennedy Road, Napier

16/9/2020

Easement Instrument – 61 Masefield Avenue, Napier

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:

Reports from Audit and Risk Committee held 18 September 2020

1.  External Accountability: Draft Annual Report 2019/20

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.

2.  Resource Consent

6(a) Prejudice the maintenance of the law, including the prevention, investigation, and detection of offences and the right to a fair trial

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 24 September 2020

1.  Offsite Kiwi Facility Lease

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.  Grants Allocation SubCommittee 2020/21 - Distribution of Funds

7(2)(c)(i) Protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to prejudice the supply of similar information or information from the same source and it is in the public interest that such information should continue to be supplied

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

Reports from Prosperous Napier Committee held 24 September 2020

1.  Rental Relief Update

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

7(2)(b)(ii) Protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information

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.

Present

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

In Attendance

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

Manager Sport and Recreation

Manager Community Strategies 

Manager Environmental Solutions

Manager Regulatory Solutions

Hawke’s Bay Airport Ltd representatives – Stuart Ainslie (CEO), Wendy Harvey (Board Chair)

Administration

Governance Team

Council resolution

That the Draft Minutes of the Ordinary meeting held on 16 July 2020 be confirmed as a true and accurate record of the meeting.

Council resolution

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

Council resolution

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

At the meeting

Representatives from Hawke’s Bay Airport Ltd spoke to a presentation on the revised Statement of Intent for 2020/21, touching on the 2019 and 2020 events that have impacted on the airport business, and the need recognised in 2019 to diversify revenue streams in order to move  forward in the best way as a company.

The completion of the terminal development is key to the recovery plan, and the stakeholders were thanked for their continuing commitment to this progressing.

The recovery plan outlines a path forward to bring the company “back into the black” within two years.

In response to questions from councillors it was clarified that:

·         The projections are based on a conservative, possibly even a pessimistic view; they do not assume that the borders (either trans-Tasman or international) will open soon

·         The change in the air traffic control tower management has not affected the business to date. The airport has been working with other regional airports who have a similar arrangement to develop a safety case for consideration by the regulator.

·         Biological screening has not been required of regional airports as yet, but it is anticipated that over the next 24 months that screening and processes will take a more health bias.

The work of the Airport team in very difficult circumstances was acknowledged.

Council resolution

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

At the meeting

There was no discussion on this item.

Council resolution

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

At the meeting

The Manager Regulatory Solutions spoke to the report, which presents the Annual Dog Control Report, a statutory requirement.

The Animal Control Team have significant education and safety training programmes, both on good dog ownership and on how to be safe around an aggressive dog. The Team works closely with owners to help them achieve compliance first, before any regulatory actions may be taken.

While there has been an important increase in many metrics there has been an increase in infringements which indicates that some owners still require education and support in making good decisions in relation to their dogs.

In response to questions from councillors:

·         There is no specific guidance to dog owners as to how to manage interactions under different Alert Levels

·         The Animal Control Team have been very active in following up on owners who are late in registering their dogs

·         The public can get a discount off their registration based on the past compliance history and completion of a questionnaire provided by the Animal Control Team; it may also be useful to complete an obedience training course

Council indicated they were very happy to see the lower numbers of impounded and euthanised dogs. The Animal Control Team were thanked for the excellent job they do.

Council resolution

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.

At the meeting

The Director Infrastructure took questions.

·         The responsibility for all safety obligations including managing COVID-19 restrictions is with Zirka Circus

·         The event has used Marine Parade in the past and is keen to use the same space again. Anderson Park is not always suitable for the vent depending on the time of year. 

ACTION Upcoming events will be listed on the Council website to ensure people are aware of opportunities they can attend

Council resolution

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 -

At the meeting

Councillors Simpson and Chrystal spoke to the draft minutes, noting that the meeting was the inaugural gathering for this triennium.

The Committee is active and has been considering the national water reforms as well the regional TANK plan.

Council resolution

That Council:

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

At the meeting

There was no discussion on this item.

Council resolution

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.

At the meeting

There was no discussion on this item

Council resolution

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.

At the meeting

There was no discussion on this item

Council resolution

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.

At the meeting

There was no discussion on this item

Council resolution

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

At the meeting

There was no discussion on this item

Council resolution

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

At the meeting

There was no discussion on this item

Council resolution

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.

At the meeting

There was no discussion on this item

Council resolution

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

At the meeting

There was no discussion on this item

Council resolution

The Future Napier Committee:

a.     Note the resource consent activity update.

At the meeting

There was no discussion on this item

Council resolution

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.

At the meeting

The Team Leader Governance advised that the report brought direct to Council updated the recommendation on this matter based on previous discussions at Council.

Council resolution

The Māori Committee:

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

At the meeting

There was no discussion on this item

Council resolution

That Council:

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

At the meeting

There was no discussion on this item

Council resolution

That Council:

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

Council resolution

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

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.

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

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

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

Present

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

In Attendance

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

Manager Community Strategies

Manager Sport and Recreation

Manager Environmental Solutions

Chief Financial Officer

Administration

Governance Team

Type of Report:

Legal

Legal Reference:

Local Government Act 2002

Document ID:

957115

Reporting Officer/s & Unit:

Lauren Sye, Corporate Planning Analyst

Caroline Thomson, Chief Financial Officer

At the meeting

The Director Corporate Services spoke briefly to the report noting that this Annual Plan is the revision prepared following the COVID-19 national response.

In response to questions from councillors it was clarified that:

·         The timing of the Long Term Plan will not be impacted, but multiple scenarios will need to be considered in consultation with the community. There may need to be amendments if unexpected changes occur, for example in relation to COVID-19.

It was noted that positive feedback was received from many submitters on the re-establishment of formal hearings.

Officers were thanked for the excellent work undertaken in developing the original and revised Plans.

Council resolution

That Council:

a.     Note that the Annual Plan 2020/21 has been developed in accordance with the requirements of the Local Government Act 2002, but does not meet the requirements in section 95 (adoption by 1 July) and section 100(i) (balanced budget).

b.     Note the 2020/21 Annual Plan has been considered by the Audit and Risk Committee. The Committee is comfortable with the approach taken by Council in the adoption of the 2020/21 Annual Plan (minutes of Audit and Risk Committee – 12 June refer).

c.     Adopt the Annual Plan 2020/21 as attached in Appendix B.

d.     Delegate responsibility to the Chief Financial Officer to approve any final edits required to the Annual Plan and supporting information in order to finalise the documents for uploading online and physical distribution.

e.     Direct officers to comply with section 95 (7) of the Local Government Act 2002 and make the Annual Plan publicly available.  

At the meeting

There was no discussion on this item

Council resolution

That Council:

a.     Resolve that the Napier City Council set the following rates under the Local Government (Rating) Act 2002, on rating units in the city for the financial year commencing on 1 July 2020 and ending on 30 June 2021, and that all such rates shall be inclusive of Goods and Services Tax (GST).

(A)   GENERAL RATE

A general rate set under Section 13 of the Local Government (Rating) Act 2002 made on every rating unit, assessed on a differential basis on the rateable land value to apply to the Differential Groups as follows:

(B)   UNIFORM ANNUAL GENERAL CHARGE

A Uniform Annual General Charge of $375.00 per separately used or inhabited part of a rating unit for all rateable land set under Section 15 of the Local Government (Rating) Act 2002.

(C)   WATER RATES as follows:

1.     Fire Protection Rate

A targeted rate for fire protection, set under Section 16 of the Local Government (Rating) Act 2002 on a differential basis and on the rateable capital value on every rating unit connected to or able to be connected and within 100 metres of either the City Water Supply System, or the Bay View Water Supply System.   This rate will apply to the Differential Groups and Categories as follows:

2.     City Water Rate

A targeted rate for Water Supply, set on a differential basis under Section 16 of the Local Government (Rating) Act 2002 as a fixed amount on a uniform basis, applied to each separately used or inhabited part of a rating unit connected to or able to be connected to and within 100 metres of the City water supply system. This such rate will apply as follows:

3.     Bay View Water Rate

A targeted rate for Water Supply, set on a differential basis under Section 16 of the Local Government (Rating) Act 2002 as a fixed amount on a uniform basis, applied to each separately used or inhabited part of a rating unit connected to or able to be connected to and within 100 metres of the Bay View water supply system This rate will apply as follows:

4.     Water by Meter Rate

A targeted rate for water supply, set under Section 19 of the Local Government (Rating) Act 2002, on a differential basis per cubic metre of water consumed after the first 300m³ per annum, to all metered rating units as follows:

(D)   REFUSE COLLECTION AND DISPOSAL RATE

A targeted rate for refuse collection and disposal, set under Section 16 of the Local Government (Rating) Act 2002 as a fixed amount on a uniform basis, applied to each separately used or inhabited part of a rating unit, for which a weekly rubbish collection service is available, with the rate being 2 or 3 times the base rate for those units where 2 or 3 collections per week respectively is available.  This rate will apply as follows:

(E)   KERBSIDE RECYCLING RATE

A targeted rate for Kerbside Recycling, set under Section 16 of the Local Government (Rating) Act 2002, as a fixed amount on a uniform basis, applied to each separately used or inhabited part of a rating unit for which the Kerbside recycling collection service is available.  This rate will apply as follows:

(F)   SEWERAGE RATE

A targeted rate for sewerage treatment and disposal, is set on a differential basis under Section 16 of the Local Government (Rating) Act 2002 as a fixed amount on a uniform basis. The rate is applied to each separately used or inhabited part of a rating unit connected or able to be connected and within 30 metres of the City Sewerage system (including the Bay View Sewerage Scheme). This rate will apply as follows:

(G)   BAY VIEW SEWERAGE CONNECTION RATE

A targeted rate for Bay View Sewerage Connection, set under Section 16 of the Local Government (Rating) Act 2002 as a fixed amount on a uniform basis, applied to each separately used or inhabited part of a rating unit connected to the Bay View Sewerage Scheme, where the lump sum payment option was not elected.

The rate to apply for 2020/21 is $941.35

(H)   CBD OFF STREET CARPARKING RATE

A targeted rate to provide funding for additional off street carparking in the Central Business District set under Section 16 of the Local Government (Rating) Act 2002 on a differential basis on the rateable land value, to apply to rating units in the Central Business District. The rate to apply to the Differential Groups is as follows:

H)    SUBURBAN OFF STREET CARPARKING RATE

               A targeted rate to provide funding for additional off street carparking in Suburban Shopping and commercial areas and to maintain existing offstreet parking areas in suburban shopping and commercial areas, set under Section 16 of the Local Government (Rating) Act 2002 as a rate in the dollar on Land Value as follows:

H)    TARADALE OFF STREET CARPARKING RATE

               A targeted rate to provide funding for additional off street carparking in the Taradale Shopping and commercial area and to maintain existing offstreet parking areas in Taradale, set under Section 16 of the Local Government (Rating) Act 2002 as a rate in the dollar on Land Value as follows:

(I)    CBD PROMOTION RATE

A targeted rate to fund at least 70% of the cost of the promotional activities run by the Napier City Business Inc, set under Section 16 of the Local Government (Rating) Act 2002, and applied uniformly on the rateable land value of all rating units in the area defined as the Central Business District, such rate to apply to applicable properties within the Differential Groups and Differential Codes as follows:

(J)   TARADALE PROMOTION RATE

A targeted rate to fund the cost of the Taradale Marketing Association’s promotional activities, set under Section 16 of the Local Government (Rating) Act 2002 and applied uniformly on the rateable land value of all rating units in the Taradale Suburban Commercial area, such rate to apply to the Differential Groups and Differential Codes as follows:

(I)    SWIMMING POOL SAFETY RATE

A targeted rate to fund the cost of pool inspections and related costs, set under Section 16 of the Local Government (Rating) Act 2002, as a fixed amount on every rating unit where a swimming pool or small heated pool (within the meaning of the Building (Pools) Amendment Act 2016) is located, of $52 per rating unit.

DUE DATES FOR PAYMENT AND PENALTY DATES (For Rates other than Water by Meter Rates)

That rates other than water by meter charges are due and payable in four equal instalments. A 3.5% penalty will be added to any portion of rates (except for Water by Meter) assessed for instalments 1 and 2 for the 2020/21 rating year that remains unpaid after the relevant instalment date. 10% penalty will be added to any portion of rates (except for Water by Meter) assessed for instalments 3 and 4 for the 2020/21 rating year that remains unpaid after the relevant instalment date. The respective penalty dates are shown in the following table as provided for in section 57 and 58(1)(a) of the Local Government (Rating) act 2002

With the exception of instalment 4 in the 2019/20 rating year for which no penalty was applied, any portion of rates assessed in previous years (including previously applied penalties) which remains unpaid on 30 July 2020 will have a further 10% added, firstly on 31 July 2020, and if still unpaid, again on 31 January 2021.

WATER RATES

Targeted rates for metered water supply will be separately invoiced from other rates invoices. Metered water supply for commercial properties is invoiced quarterly and metered water for domestic (residential) water supply is invoiced annually. A 10% penalty will be added to any part of the water rates that remain unpaid by the due date as shown in the table below as provided for in section 57 and 58(1)(a) of the Local Government (Rating) Act 2002.

Metered Water Supply rates are due for payment as follows:

A penalty of 10% will be added to any portion of water supplied by meter, assessed in the current year, which remains unpaid by the relevant instalment due date, on the respective penalty date above.

Any portion of water rates assessed in previous years (including previously applied penalties) which are unpaid by 30 July 2020 will have a further 10% added, firstly on 31 July 2020, and if still unpaid, again on 31 January 2021.

Any water payments made will be allocated to the oldest debt.

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

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

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

Present

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

In Attendance

Interim Chief Executive, Director Corporate Services, Director Community Services, Director Infrastructure Services, Director City Services, Director City Strategy, Manager Communications and Marketing, Chief Financial Officer, Investment and Funding Manager, Manager Property, HBLASS Programme Manager

Administration

Governance Team

Council resolution

That the apologies from Councillors Chrystal and Wright be accepted.

At the Meeting

The Interim Chief Executive spoke to the report, providing a brief overview and noted that the report has been canvassed at length with Council. 

There was no further discussion or questions from Councillors.

Council resolution

That Council:

a.     Note and receive the Morrison Low report Hawke’s Bay Three Waters, Business Case of Three Waters Service Delivery options, and that it will be a helpful contribution to the upcoming 3 Waters reform process.

b.     Note that Napier City Council has signed up to working with the Government on the 3 Waters reform process.

At the Meeting

The Director Corporate Services tabled the Draft Three Waters Stimulus Grant Delivery Plan (attached under Appendix A).

The Director Infrastructure Services spoke to the report noting that this report is in relation to Central Government’s Three Waters Reform programme of work and identifies the proposed projects that Council will be allocating their share of the region’s funding to.

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

·         While the preference is for additional staff to be employed under fixed term contracts, there is a risk that the proposed works may not be able to be completed in the given timeframe due to the short supply of engineers. This risk will be considered and discussed regionally also. In the event that issues arose, Council could also examine the option of using external engineering consultancy or contractors to help fill any gaps.

·         The list of proposed projects well exceeds the funding available to Council. It is highly unlikely that Council would need to identify further projects, but should this occur, these would come back to Council for consideration.

·         The Three Waters Stimulus Grant Delivery Plan is in draft form only at this stage and will come back to Council prior to the 30 September deadline for a final decision, once the programme has been finalised. 

·         It is intended that the quarterly reporting will be aligned with Council’s current reporting cycle.

Council resolution

That Council:

a.     Approve entering into the Funding Agreement and Delivery Plan for the first stage of the Three Waters Services Reform Programme by 30^th September.

b.     Approve the proposed projects to be undertaken as part of the Delivery Plan, noting that these are subject to approval from the Department of Internal Affairs (DIA).

c.     Provide delegation to the Chief Executive to make required changes to the Delivery Plan in order to finalise the agreement with DIA, noting that Council have been provided with projects that are in excess of the $12.51m available funding, and projects will be prioritised from those identified under Priority 2 and 3 list provided in this report.

d.     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 the MOU, Funding Agreement and Delivery Plan does not create any obligation upon Council with regard to future steps of this reform programme;

e.     Delegate signing of the Funding Agreement and Delivery Plan to the Chief Executive and Mayor.

At the Meeting

The Chief Financial Officer spoke to the report, noting that many of the carry forward requests relate to projects already underway at year end where budget is required to complete the projects in 2021. Almost half of the total requested carry forward amount is made of up capex carry forwards in relation to the pool project.

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

·         Due to Covid-19 and the affect this had on the Annual Plan process, the time required to rationalise the list of proposed projects down just wasn’t available.

·         Some projects have not commenced yet but are programmed to be completed in 2021. It was noted that rather than taking these projects out of the plan, they can be held over and reconsidered under the Long Term Plan process.

·         This year’s total carry forward amount is significantly higher than previous years. Last year was in the order of $15 Million and prior to that it was much lower.

Council resolution

That Council:

a.     Approve total capital carry forward budgeted expenditure of $36,002,409 from 2019/20 into 2020/21 (or future years depending on the timing of the programme).

b.     Approve total operational expenditure carry forward budgeted expenditure of $5,347,371 from 2019/20 into 2020/21.

At the Meeting

The Chief Financial Officer spoke to the report, providing a brief overview and noted that a number of workshops have been held with elected members in relation to this Policy. 

A number of Councillors commented that the comprehensive review process provided elected members with a greater understanding of how council funds its activities. In response to questions, it was noted that although the Policy is reviewed every three years, Council was well overdue for a significant review. The last significant review was undertaken in 2001.

Council resolution

That Council:

a.     Adopt the Draft Revenue and Financing Policy as attached in Appendix A

b.     Note that the rating implications from the Revenue and Financing Policy review will be reflected in the Statement of Proposal and Consultation Document to be presented to Council on 8 October 2020.

At the Meeting

The Investment and Funding Manager spoke to the report noting that the Rating Policy is the bridge between The Revenue and Financing Policy and the Funding Impact Statement.

The Mayor noted that no questions were raised by Councillors as this Policy had also been canvassed extensively in workshops.

Council resolution

That Council:

a.     Approve the reintroduction of a Rating Policy.

b.     Approve the proposed General Rate differentials and rates applied.

c.     Approve an increase in the City Water Rate from 50% to 70% for Rating Units that are not connected but within 100m of the system.

d.     Approve an increase in the Sewerage Rate from 50% to 70% for Rating Units that are not connected but within 30m of the system.

e.     Approve a note that a Wastewater Rate is being proposed to replace the Sewerage Rate.

f.     Approve the introduction of a Stormwater Rate.

g.     Note proposed amendments to rating differentials and definitions within the draft Revenue & Financing Policy.

h.     Note proposed amendments to remissions within the draft Rates Remission Policy.

i.      Note proposed amendments to postponements within the draft Rates Postponement Policy.

j.      Approve Council officers consulting on the Rating Policy in conjunction with the Revenue & Financing Policy.

At the Meeting

The Investment and Funding Manager provided a brief overview of the report.

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

·         The Consultation Document will be brought to Council on 8 October 2020 for consideration.

·         The indicative dates for consultation at this time are from 12 October to 15 November 2020.

·         Any change in Covid alert levels will be managed. Should levels increase again, this will only affect face to face meetings. All other consultation will continue as planned.

Council resolution

That Council:

a.     Approve the inclusion of a Remission for Farmland Under 5 Hectares.

b.     Approve the inclusion of a Remission of Refuse Collection and/or Kerbside Recycling Targeted Rates.

c.     Approve the inclusion of a Remission for Residential Properties Used Solely as a Single Residence.

d.     Approve the removal of Remission for Land Subject to Special Preservation Conditions.

e.     Approve the removal of Remission of Uniform Annual General Charges (UAGC) and Targeted Rates of a Fixed Amount on Rating Units Owned by the Same Owner.

f.     Approve other minor changes detailed in this report

g.     Note proposed amendments to rating differentials and definitions within the draft Revenue & Financing Policy.

h.     Note proposed reintroduction and amendments to the Rating Policy.

i.      Approve Council officers consulting on the Rates Remission Policy in conjunction with the Revenue & Financing Policy.

At the Meeting

The Investment and Funding Manager spoke to the report noting that the review of the Rates Postponement Policy was triggered by the review of the Revenue and Financing Policy.

Council resolution

That Council:

a.     Approve the proposed amendments to the Rates Postponement Policy to remove Postponement for Farmland.

b.     Note proposed amendments to rating differentials within the draft Revenue & Financing Policy.

c.     Note proposed reintroduction and amendments to the Rating Policy.

d.     Approve Council officers consulting on the Rates Postponement Policy in conjunction with the Revenue & Financing Policy.

At the Meeting

Councillor Price declared a conflict of interest as the Chair of Basketball Hawke’s Bay.

The Manager Property spoke to the report noting that the proposed fees and charges remissions only apply to the 2020 winter sports season and the 2020/21 summer sports season, and would align Council with Hastings District Council.

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

·         The estimated cost noted in the report is a combination of lost revenue and refunds.

·         The intention is that this would be a blanket remission on sportsground charges for all sporting codes.

·         Remissions apply to non-professional Not for Profit sports organisations only. Commercial activities will still be charged.

·         Professional rugby at McLean Park is not included, but some individual games may be considered on a case by case basis.

ACTION:  Council officers to come back to Council with additional information around how accountability for relief flowing back to clubs from regional sports organisations may be captured.

Council resolution

That Council:

Resolve

i.      To approve the remission of Sports Grounds charges and Rodney Green Centennial Event Centre hire charges for the 2020 winter sports period and the 2020/2021 summer sports period.

ii.     Approve that the remissions be funded from any unused portion of the Rental Relief Fund and Rates Relief Fund approved 30 April 2020 and to ensure that the budget requirements of the activity are met.

iii.    To approve the general guidance criteria for remission:

·      Remission to be given to non- professional Not for Profit sports organisations only. Where relief is given to Regional Sports organisations then the expectation is that this will flow back to clubs and accountability for this may be required at Council’s discretion.

·      Applies to seasonal hire for open grounds and the Rodney Green Centennial Events Centre

·      One off open ground sports games in general excluded, however remissions may be considered on a case-by-case basis.

·      McLean Park charges in general to be excluded; however, remissions may be considered on a case-by-case basis.

·      Representative games and tournaments excluded.

iv.    To approve that delegation be given to the Director of Corporate Services  and Council’s Team Leader Parks, Reserves, Sportsgrounds to approve remissions.

v.     To note that this relief is an extension to the rates and rental relief approved by Council 30 April 2020 and is in response to the financial effects and hardship caused by the Covid-19 pandemic.

Councillor Price did not participate in the discussion or vote due to his conflict of interest in relation to Basketball Hawke’s Bay.

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

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

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

Present

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

In Attendance

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

Procurement Lead

Senior Māori Advisor

3 Waters Programme Manager

Investments and Funding Manager

Chief Financial Officer

Administration

Governance Team

Council resolution

That the apologies from Councillor Boag be accepted.

At the Meeting

The most up-to-date version of the delivery plan has been provided to councillors; however as DIA only released further guidance on Friday of last week this is not the final version, and further work will be required over the next two days in order to finalise the plan by 30 September 2020.

In response to questions from councillors it was clarified that:

·         The guidance from DIA is in relation to phasing of the delivery plan and does not require any changes to the officer’s recommendation.

·         The regional collaboration is not focussed on software; Napier’s own system requires a smaller piece of work to ensure it is up-to-date for the engineers and Depot operators.

·         The $12.51M is GST exclusive

·         The time resourcing for the new quarterly reporting is factored into the planning across all the proposed projects. The requirements from DIA, including reporting, are still emerging and there may be further shifts driven by the Department.

·         The difference between cadet and graduate roles were outlined – a graduate would be expected to be able to engage faster with a higher level of responsibility than a cadet due to their higher level of education/ experience.

Council resolution

That Council:

a.     Approve entering into the Funding Agreement and Delivery Plan for the first stage of the Three Waters Services Reform Programme by 30^th September 2020

b.     Approve the proposed projects to be undertaken as part of the Delivery Plan, noting that these are subject to approval from the Department of Internal Affairs (DIA). 

i.      Note there have been some changes in the priorities since the meeting on 15^th September 2020 where this was first discussed with additional projects included as requested by Council

c.     Note the Reform Programme is part of the Government’s 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 the MOU, Funding Agreement and Delivery Plan does not create any obligation upon Council with regard to future steps of this reform programme

d.     Provide delegation to the Chief Executive to make any required changes to the Delivery Plan in order to finalise the agreement with DIA, noting that:

i.      Council have been provided with projects in priority 1 for $12.51m available funding, and

ii.     Projects will be prioritised from those identified under the Priority 2 and 3 lists provided in this report as required to meet the DIA requirements.

e.     Delegate signing of the Funding Agreement and Delivery Plan to the Chief Executive and Mayor

Council resolution

That the public (excepting a representative from Property Group making a short confidential presentation) be excluded from the following parts of the proceedings of this meeting.

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.  Executive Search and Recruitment Services

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.

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

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

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