Minutes of Ordinary Meeting of Council

Ordinary Meeting of Council - 19 November 2020 - Open Minutes

Karakia

The Māori Partnership Manager opened the meeting with a Karakia.

Apologies

Council resolution

Councillors Boag / Crown

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

Carried

An apology from the Interim Chief Executive was noted.

Conflicts of interest

Councillor Taylor declared a conflict of interest in Item 1 – Flood Response - Proposal for Rates Remission.

Public forum

Nil

Announcements by the Mayor

The Deputy Mayor on behalf of Council acknowledged and thanked everyone who had provided assistance during and after the flood event on 9 November 2020.

Announcements by the management

Customer Services – Director City Strategy together with the Team Leader Customer Services updated the meeting on the support and engagement that was being sought from the community following the flood event on 9 November 2020. The focus in coming weeks was to enable “displaced persons” currently housed at the Kennedy Park Resort to be returned to their homes.

Marewa Hub – The establishment of a “One Stop Shop” incorporating a number of agencies who could assist those affected in the flood had been invaluable to the community. Applications from the Napier City Mayoral Relief Flood Response Fund could be made online or at the centre. Donations to the flood relief fund could also be made through Napier City Council Facebook page or the Customer Services Centre.

Wastewater Outfall Repair – Director Infrastructure Services updated the meeting on the progress of the repairs to the outfall. It is envisaged that the repairs would be completed by the end of the year. Discussion with the Hawke’s Bay Regional Council will be held in regard to the deadlines for completion of the work.

Minor Matters

· Freedom Campers

· Annual Plan resolution progress update

· Contaminated dust in streets from floods

Confirmation of minutes

Council resolution

Councillors Crown / Taylor

That the Draft Minutes of the Ordinary meeting held on 8 October 2020 be confirmed as a true and accurate record of the meeting.

Carried

Council resolution

Councillors Crown / Taylor

That the Draft Minutes of the Extraordinary meeting held on 22 October 2020 be confirmed as a true and accurate record of the meeting.

Carried

Council resolution

Councillors Crown / Taylor

That the Draft Minutes of the Extraordinary meeting held on 2 November 2020 be confirmed as a true and accurate record of the meeting.

Carried

AGENDA ITEMS

With the agreement of the meeting Item 1 was moved to enable the Chief Financial Officer to be present.

2. HaWke's Bay Museums Trust Annual Report for Year Ending 30 June 2020

Type of Report:	Operational
Legal Reference:	Local Government Act 2002
Document ID:	1258367
Reporting Officer/s & Unit:	Chris Denby, Finance Accountant

2.1 Purpose of Report

To provide Napier City Council with the Hawke’s Bay Museums Trust Annual Report for the year ended 30 June 2020.

At the meeting

The Finance Accountant provided an overview of the Annual Report and acknowledged the passing of Dave Prebensen on 26 July 2019. Mr Prebensen had been instrumental in the development of the Hawke’s Bay Museum of Technology Society in July 1979. The Society then became the Faraday Centre with the assets and operation transferred to the HB Cultural Trust in 1993.

Council resolution

Councillors Wright / Crown

That Council:

a. Receive the 30 June 2020 Annual Report of the Hawke’s Bay Museums Trust.

Carried

REPORTS / RECOMMENDATIONS FROM THE STANDING COMMITTEES

REorts from Māori Committee held 9 October 2020

1. Implementation of Dual Place-names and Bilingual Signage in Council Parks, Reserves and Facilities

Type of Report:	Operational and Procedural
Legal Reference:	Māori Language Act 2016
Document ID:	950172
Reporting Officer/s & Unit:	Charles Ropitini, Strategic Maori Advisor

1.1 Purpose of Report

The purpose of this report is to update the Māori Committee of te reo Māori touchpoints implemented across Napier City Council reserves and facilities in the 2017-2019 Triennium.

The report provides an overview of dual place-names in public parks and reserves, and bilingual signage applied to Council facilities. The report recommends the formal adoption of the national Māori-English Bilingual Signage Guidelines.

The report supports the need for the Māori Committee to consider a Te Reo Māori Policy for Napier City Council as a framework for continued implementation of bilingualism across Council projects and documents.

At the meeting

This item was not addressed and left to lie on the table.

Council resolution

Councillors Price / Taylor

That Council agree to leave the report titled “Implementation of Dual Place Names and Bilingual Signage in Council Parks, Reserves and Facilities” to lie on the table.

Carried

2. Māori Committee Representation Extension

Type of Report:	Procedural
Legal Reference:	N/A
Document ID:	1247172
Reporting Officer/s & Unit:	Antoinette Campbell, Director Community Services

2.1 Purpose of Report

The purpose of this report is to approve to amend the Māori Committee draft Terms of Reference to provide for the inclusion of an additional three representatives from the Ahuriri Māori community.

At the meeting

This item was not addressed and left to lie on the table.

Council resolution

Councillors Price / Taylor

That Council agree to leave the report titled “Māori Committee Representation Extension” to lie on the table.

Carried

Reports from Sustainable Napier Committee held 22 October 2020

1. Lease of Reserve - Pacific Surf Lifesaving Club Incorporated

Type of Report:	Operational
Legal Reference:	Reserves Act 1977
Document ID:	965852
Reporting Officer/s & Unit:	Bryan Faulknor, Manager Property Jenny Martin, Property and Facilities Officer

1.1 Purpose of Report

To obtain Council approval for a ground lease renewal and lease variation for the Pacific Surf Lifesaving Club Incorporated relating to their Clubrooms on Marine Parade. The lease variation relates to a request to carry out a cafe type operation.

At the meeting

There was no discussion at the meeting.

Council resolution

Councillors Price / Mawson

That Council approve:

a). A lease renewal, pursuant to Section 54(1)(d) of the Reserves Act, for a further ten years from 1 November 2020 for the Pacific Surf Lifesaving Club Incorporated for their Clubrooms on Marine Parade.

b) A variation to the lease, pursuant to Section 114 of the Reserves Act, to allow the Pacific Surf Lifesaving Club to sell coffee and other non-alcoholic beverages, ice creams and similar products, and finger food and snacks from its clubrooms.

c) That the variation is subject to the club obtaining all necessary consents, approvals or permits which may be required.

Carried

2. Lease of Reserve - Central Football Federation

Type of Report:	Legal
Legal Reference:	Reserves Act 1977
Document ID:	1247410
Reporting Officer/s & Unit:	Bryan Faulknor, Manager Property Jenny Martin, Property and Facilities Officer

2.1 Purpose of Report

To obtain Council approval to enter into a new lease with the Central Football Federation for the land and building occupied at Park Island under Section 54(1)(b) of the Reserves Act 1977 for a term of five years with two, two year rights of renewal.

At the meeting

There was no discussion at the meeting.

Council resolution

Councillors Price / Mawson

That Council:

a. Agree to enter into a new lease with the Central Football Federation for the land and building occupied at Park Island under Section 54(1)(b) of the Reserves Act 1977 for a term of five years with two, two year rights of renewal.

Carried

Reports from Future Napier Committee held 22 October 2020

1. Councillor Consent Hearing Delegations

Type of Report:	Procedural
Legal Reference:	Resource Management Act 1991
Document ID:	1017194
Reporting Officer/s & Unit:	Luke Johnson, Team Leader Planning and Compliance

1.1 Purpose of Report

The purpose of this report is to update the current Hearings Committee Terms of Reference (TOR) and to introduce a set of guidance criteria that will help guide the appointment of Commissioners by the committee to hear and determine resource consent applications, in accordance with best practice.

At the meeting

There was no discussion at the meeting.

Council resolution

Councillors Chrystal / Wright

That Council:

a. Receive the Independent Report Councillor Consent Hearing Delegations attached as Attachment A to the Agenda Report, which includes:

i. Annex A – Quality Planning Guidance – The use of Commissioners 2017

ii. Annex B – NCC Current Hearings Committee Terms of Reference

iii. Annex C – Guidance Criteria for Delegations to and Assignment of Commissioners

b. Approve the changes to the Hearings Committee Terms of Reference attached as Appendix B to the Agenda Report.

Carried

2. Civic Precinct Framework

Type of Report:	Procedural
Legal Reference:	N/A
Document ID:	984587
Reporting Officer/s & Unit:	Fleur Lincoln, Strategic Planning Lead

2.1 Purpose of Report

The purpose of this report is to seek Council endorsement of the Civic Precinct Framework.

At the meeting

The Strategic Planning Lead circulated an updated copy of the Civic Precinct Framework (attached as Appendix A) and spoke to her report responding to questions.

· The potential demolition of the building would be included part of the Long Term Plan funding allocation proposal for next year.

· Council needed to ensure funding was allocated and master plan process in place prior to making decisions.

· Following adoption of the Framework a proposal to work with the Working Group was made to create a Master Plan.

· There has been a lot of interest and 16 plans have been received.

· The Master Plan will include priorities and delivery of the stages. Library is a No. 1 priority for the community.

Council resolution

Councillors Tapine / Crown

That Council:

a. Endorsed the updated Civic Precinct Framework.

Carried

3. Waiapu Cathedral Market

Type of Report:	Operational and Procedural
Legal Reference:	Local Government Act 2002
Document ID:	1251060
Reporting Officer/s & Unit:	Stephanie Kennard, Planning Projects Facilitator

3.1 Purpose of Report

The purpose of this report is to approve a Market Day on Saturday, 21 November 2020 within Cathedral Lane which will include the selling of goods and services within a public space. Approval from Council is required as we have a Trading in Public Places Bylaw 2014 that prohibits the selling of goods and services within a defined city centre boundary without approval from Council. Permission is being sought by on behalf of Anglican Diocese of Waiapu who will be operating the market.

At the Future Napier Committee meeting held on Thursday, 22 October 2020 the following committee recommendation was ratified as a DECISION OF COUNCIL.

Councillors Wright / Simpson

That Council:

a. Approve Anglican Diocese of Waiapu to operate a market within Cathedral Lane on Saturday, 21^t November 2020, where the trading of goods and services will occur.

Carried

4. Report - Resource Consent Activity

Type of Report:	Information
Legal Reference:	N/A
Document ID:	1254856
Reporting Officer/s & Unit:	Luke Johnson, Team Leader Planning and Compliance

4.1 Purpose of Report

This report provides an update on recent resource consenting activity. The report is provided for information purposes only, 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 Resource Management Act (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

There was no discussion at the meeting.

Council resolution

Councillors Tapine / Crown

That Council:

a. Note the resource consent activity update.

Carried

5. Minutes Heretaunga Plains Urban Development Strategy Implementation Working Group (HPUDS IWG) - 14 September 2020

Type of Report:	Operational
Legal Reference:	Local Government Official Information and Meetings Act 1987
Document ID:	1249788
Reporting Officer/s & Unit:	Anna Eady, Personal Assistant to the Mayor

5.1 Purpose of Report

To receive the confirmed minutes of the Heretaunga Plains Urban Development Strategy Implementation Working Group meeting held on 14 September 2020.

At the meeting

There was no discussion.

Council resolution

Councillors Tapine / Crown

That Council:

a. Receive the confirmed minutes of the Heretaunga Plains Urban Development Strategy Implementation Working Group meeting held on 14 September 2020.

Carried

Reports from Napier People and Places Committee held 5 November 2020

1. 2021 Celebrate Cultural DiverCity

Type of Report:	Operational
Legal Reference:	N/A
Document ID:	965678
Reporting Officer/s & Unit:	Belinda McLeod, Community Funding Advisor

1.1 Purpose of Report

To seek approval to apply for external funding to support the 2021 Celebrate Cultural DiverCity Event to be held on Saturday 15 May 2021 at the Soundshell, Marine Parade, Napier.

At the meeting

There was no discussion at the meeting.

Council resolution

Councillors Mawson / Boag

That Council:

a. Approve the application to apply for external funding from the Ethnic Communities Development Fund, for the 2021 Celebrate Cultural DiverCity Event.

Carried

2. Wildlife Institutes Relief Fund (WIRF) funding

Type of Report:	Contractual
Legal Reference:	N/A
Document ID:	1254080
Reporting Officer/s & Unit:	Rachel Haydon, General Manager, National Aquarium of New Zealand

2.1 Purpose of Report

This report is to seek Council agreement to the terms of a Deed of Grant between Napier City Council (NCC) and the Department of Conservation (DOC) for a grant offered from Wildlife Institutes Relief Fund (WIRF) funding.

At the meeting

There was no discussion at the meeting.

Council resolution

Councillors Mawson / Boag

That Council:

a. Approve and agree to the terms of the Wildlife Institutes Relief Fund (WIRF) Deed of Grant with the Department of Conservation (DOC).

Carried

Reports from Prosperous Napier Committee held 5 November 2020

1. Lease of Reserve - Napier City Rovers Association Football Club Inc. - Park Island

Type of Report:	Contractual
Legal Reference:	Reserves Act 1977
Document ID:	964468
Reporting Officer/s & Unit:	Bryan Faulknor, Manager Property Debra Stewart, Team Leader Parks, Reserves, Sportsgrounds

1.1 Purpose of Report

To seek Council’s approval to enter into a new ground lease with Napier City Rovers Association Football Club Inc. for the area of land occupied by the organisations clubrooms, changing rooms and grandstand.

At the meeting

There was no discussion at the meeting.

Council resolution

Councillors Taylor / McGrath

That Council:

Resolve:

i. That pursuant to Section 54(1)(b) of the Reserves Act 1977, to grant a lease to Napier City Rovers Association Football Club Inc. for an area of land at Park Island Reserve occupied by the Club’s clubhouse, changing rooms and grandstand.

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

Carried

Ordinary Meeting of Council - 19 November 2020 - Open Minutes

Agenda Items CONT.

Councillor Taylor having declared a conflict of interest did not participate in the discussion or Decision Making of this item.

1. Flood Response - Proposal for Rates Remission

Type of Report:	Operational and Procedural
Legal Reference:	Local Government (Rating) Act 2002
Document ID:	1263769
Reporting Officer/s & Unit:	Adele Henderson, Director Corporate Services

1.1 Purpose of Report

To seek delegation from Council to approve rates remissions in response to Significant Extraordinary Circumstances being the flood event on Monday 9 November.

At the meeting

The Chief Financial Officer spoke to the report seeking approval for the flood event of 9 November 2020 to be regarded as being a “Remission For Significant Extraordinary Circumstances” under the Rates Remission Policy for the qualifying rating units. Provision of $200,000 to support those that had been impacted and displaced as a result of the flood event.

In response to questions from councillors:

· There were two types of flood damage; properties affected by landslips and likely to be rebuilt and properties that would be demolished.

· Proposed to change resolutions for properties significantly impacted and residents displaced for longer than three months.

· It was agreed that the Definition of displaced would include - not living in the affected dwelling on the property.

· Council’s Building Inspectors are classifying properties that are uninhabitable.

· Displaced persons in temporary housing accommodation have a desire to return home to look after possessions and looking at options of caravan or motorhome being placed on their property.

· Rates were for services and if services unavailable then dwellings could not be inhabited.

ACTION:

That officers report back to Council on the flood response defining what has happened in Napier, the changes that may be required going forward and any Long Term Plan implications.

Council resolution

Councillors Crown / Browne

That Council:

a. Approve that the Flood event on 9 November 2020 meets the requirements as set out in the Rates Remission Policy for Remission for Significant Extraordinary Circumstances, and will relate to those who have been displaced from their household as a result of flood and/or land slip damage.

b. Approve the remission for the qualifying rating unit for the full 2020/21 year i.e. all instalments for those who have been or will be displaced from their property for a period greater than 3 months as a result of flood and/or land slip damage.

c. Approve the remission of the second quarter rates instalment for the qualifying rating unit on a case by case basis for those who have been temporarily displaced from their property for a period less than 3 months as a result of flood and/or land slip damage.

d. Note ratepayers who have been temporarily displaced from their property for a period less than 3 months may apply for rates remission for the third and fourth quarter rates instalments should the displacement be ongoing.

e. Approve the remission of rates penalties for rating units where short term displacement (i.e. less than one month) has occurred as a result of flooding and/or land slip damage.

f. Approve the delegation for the decision on the individual remission be provided to the Director Corporate Services and Chief Financial Officer.

g. Approve up to $200,000 for “Remission of Rates in Response to Significant Extraordinary Circumstances” for qualifying rating units as a result of the flood event on Monday, 9 November 2020.

h. Approve the redirection of $200,000 of funds from the rates relief package that was not fully allocated as a result of the COVID-19 pandemic for the purposes of Rates Remission for Significant Extraordinary Circumstances.

i. Note that a form will be made available to those impacted following Council approval of the remission. The application form will be available on the Council website, Customer Services and our library.

Note that there may be other scenarios that may not directly meet the resolution above, and these will be brought back to Council for a decision on a case by case basis.

j. Note that there may be other scenarios that may not directly meet the resolution above, and these will be brought back to Council for a decision on a case by case basis.

Carried

Reports Under Delegated Authority

1. Documents Executed under Seal

Type of Report:	Legal and Operational
Legal Reference:	Local Government Act 2002
Document ID:	1259119
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 21 September – 30 October 2020.

At the meeting

There was no discussion at the meeting.

Council resolution

Councillors Wright / Tapine

That Council:

Receive the report for Documents Executed under Seal for the period 21 September – 30 October 2020.

Carried

2. Tenders Let

Type of Report:	Information
Legal Reference:	N/A
Document ID:	1259134
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 21 September – 30 October 2020.

At the meeting

There was no discussion at the meeting.

Council resolution

Councillors Taylor / Tapine

That Council:

a. Receive the Tenders Let report for the period 21 September – 30 October 2020.

Carried

MINOR MATTERS

Freedom Campers – Labour MP, Stuart Nash in a media release stated “he wanted to ban the use of campervans which were not self-contained, to stop tourists pulling over and using the waterways as a toilet”.

Following discussion it was agreed that a location for freedom campers that does not affect citizens or ratepayers should be readdressed. With increased sales of motorhomes reported there would be a need to provide motorhome facilities.

ACTION

a) Approach Minister Nash initially to ascertain if there were going to be possible legislative changes made for freedom camping.

b) Officers provide a report to the Napier Future Committee on current freedom camping sites and whether or not it would be prudent to review the Freedom Camping bylaw and if so, provide timeframe for this to happen.

Annual Plan Resolution Progress Update – A number of resolutions were made during the Annual Plan Process and the meeting was advised that the first quarterly report would include this information for Councillors.

Contaminated Dust In Streets From Floods – Concern was raised in regard to possible contaminated silt that had now dried and may become airborne.

The Director Infrastructure Services advised that a silt removal work programme was being carried out by staff and contractors and in the interim contractors were keeping the silt damp until the final clean up.

PUBLIC EXCLUDED ITEMS

Council resolution

Councillors Taylor / Mawson

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

That Craig Samson, Property Group be allowed to remain in the Public Excluded session for Item 1 – Property Purchase with the reason being that he has knowledge that may assist in the decision making.

Carried

Agenda Items

1. Property Purchase

Reports from Sustainable Napier Committee held 22 October 2020

1. Museum Collection Storage Facility

Reports from Napier People and Places Committee held 5 November 2020

1. Creative Communities September 2020 Distribution of Funds

Reports from Prosperous Napier Committee held 5 November 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. Property Purchase	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 22 October 2020
1. Museum Collection Storage Facility	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 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 5 November 2020
1. Creative Communities September 2020 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 5 November 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.