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Ordinary Meeting of Council - 17 December 2020 - Attachments
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Item 1 Attachments a |
Ordinary Meeting of Council
Open Agenda
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Meeting Date: |
Thursday 17 December 2020 |
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Time: |
10.00am |
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Venue: |
Large Exhibition Hall War Memorial Centre |
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Council Members |
Mayor Wise, Deputy Mayor Brosnan, Councillors Boag, Browne, Chrystal, Crown, Mawson, McGrath, Price, Simpson, Tapine, Taylor, Wright |
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Officer Responsible |
Interim Chief Executive |
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Administrator |
Governance Team |
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Next Council Meeting Thursday 11 March 2021 |
Ordinary Meeting of Council - 17 December 2020 - Open Agenda
ORDER OF BUSINESS
Apologies
Councillor Wright
Conflicts of interest
Public forum
· Tamatea Intermediate School
· Theresa O’Brien
Announcements by the Mayor including notification of minor matters not on the agenda
Note: re minor matters only - refer LGOIMA s46A(7A) and Standing Orders s9.13
A meeting may discuss an item that is not on the agenda only if it is a minor matter relating to the general business of the meeting and the Chairperson explains at the beginning of the public part of the meeting that the item will be discussed. However, the meeting may not make a resolution, decision or recommendation about the item, except to refer it to a subsequent meeting for further discussion.
Announcements by the management
Confirmation of minutes
That the Draft Minutes of the Ordinary Meeting of Council held on Thursday, 19 November 2020 be confirmed as a true and accurate record of the meeting.......................................................................... 128
Agenda items
1 Hawke's Bay Airport Ltd Annual Report 2020.................................................................. 4
2 Quarterly report for the three months ended 30 September 2020.................................. 66
3 Māori Committee Representation Extension................................................................. 68
4 Information - Minutes of Joint Committees.................................................................... 72
Reports / Recommendations from the Standing Committees
Reports from Māori Committee held 9 December 2020.................................................... 93
Reports from Sustainable Napier Committee held 3 December 2020
1 Pettigrew Green Arena expansion: Location of car-parking........................................... 93
2 Report on NCC's Drinking Water Supply Implementation Audit..................................... 95
3 Lease of Reserve - Pelega O Matua Fanau Charitable Trust........................................ 97
4 Projects Update............................................................................................................ 98
5 Annual Environmental Report Submission to HBRC - Discharge of Stormwater to Ahuriri Estuary (Westshore Tidal Gates)................................................................................................................ 100
6 Annual Environmental Report Submission to HBRC Discharge of Wastewater into Hawke Bay 101
7 Annual Environmental Report Submission to HBRC - Discharge into Ahuriri Estuary (Thames & Tyne Waterways)................................................................................................................. 102
8 Taradale Bridge Club Park Island Proposal................................................................. 103
9 Rotary Club of Ahuriri 50th Anniversary Project, Spriggs Park.................................... 104
10 Rotary Club of Taradale 60th Anniversay Project, Taradale Park................................ 105
Reports from Future Napier Committee held 3 December 2020
1 Review of Gambling Venues Policy............................................................................. 107
2 Review of Location of Approved Psychoactive Products Sales Points Policy............... 109
3 Resource Consent Activity Update.............................................................................. 111
Reports under delegated authority
1 Tenders Let................................................................................................................ 123
2 Documents Executed Under Seal............................................................................... 124
Minor matters not on the agenda – discussion (if any)
Public excluded ........................................................................................................... 125
Ordinary Meeting of Council - 17 December 2020 - Open Agenda Item 1
1. Hawke's Bay Airport Ltd Annual Report 2020
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Type of Report: |
Procedural |
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Legal Reference: |
Local Government Act 2002 |
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Document ID: |
1268896 |
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Reporting Officer/s & Unit: |
Caroline Thomson, Chief Financial Officer |
1.1 Purpose of Report
To present to Council the Hawke’s Bay Airport Ltd Annual Report 2020.
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That Council: a. Receive the Hawke's Bay Airport Ltd Annual Report 2020.
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The Hawke’s Bay Airport Limited is a Council-controlled organisation. It is a company incorporated under the Companies Act and is owned by the Crown, Hastings District Council and Napier City Council. Napier City Council has a 26% shareholding.
The Company produces separate annual accounts. No payments are made by Napier City Council to the Company and there is no financial provision included in Council budgets. The Napier City Council share in the Company is included in its annual financial statements as an investment, valued using the equity method of accounting.
1.3 Issues
No issues
1.4 Significance and Engagement
N/A
1.5 Implications
Financial
The Hawkes Bay Airport Ltd is reporting a net loss of $1.013m (includes a write down for the old terminal of $1.371m).
Total revenue was below budget by $1.4m mainly due to the impact of COVID-19 on car parking and aviation revenue.
Total operating costs were above budget by $342k.
Social & Policy
N/A
Risk
N/A
a Hawkes Bay Airport Ltd Annual Report 2020 ⇩
2. Quarterly report for the three months ended 30 September 2020
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Type of Report: |
Legal and Operational |
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Legal Reference: |
Local Government Act 2002 |
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Document ID: |
1261784 |
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Reporting Officer/s & Unit: |
Caroline Thomson, Chief Financial Officer |
2.1 Purpose of Report
To consider the Quarterly Report for the three months ended 30 September 2020.
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That Council: a. Receive the Quarterly Report for the three months ended 30 September 2020.
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The Quarterly Report summarises the Council’s progress in the first quarter of 2020/21 towards fulfilling the intentions outlined in the Annual Plan. Quarterly performance is assessed against income, total operating expenditure, and capital expenditure.
2.3 Issues
During Council’s year end audit it was identified by Audit NZ that the reported results for the mandatory performance measures relating to the total number of complaints (per 1,000 connections) received was likely to have been understated. This is due in part to Council’s call provider providing insufficient details to assess what information was requested and if the call should be classified as a complaint, as well as additional calls not recorded. The call coding timeframes have been extended from 10 seconds to 10 minutes and officers are currently working with the call provider to review systems and processes to ensure all call data is accurately recorded and compliant with the DIA mandatory performance reporting requirements.
The disclosure for these performance measures on pages 23 and 26 of Council’s quarterly report includes both verified and estimated (based on worst case scenario) number of complaints per 1,000 connections.
2.4 Significance and Engagement
N/A
2.5 Implications
Financial
N/A
Social & Policy
N/A
Risk
N/A
2.6 Development of Preferred Option
Receive the quarterly report for the nine months ended 30 September 2020.
a Quarterly report for the three months ended 30 September 2020 (Under Separate Cover) ⇨
Ordinary Meeting of Council - 17 December 2020 - Open Agenda Item 3
3. Māori Committee Representation Extension
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Type of Report: |
Procedural |
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Legal Reference: |
N/A |
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Document ID: |
1268918 |
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Reporting Officer/s & Unit: |
Antoinette Campbell, Director Community Services |
3.1 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.
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That Council: a. Approve the amended Māori Committee draft Terms of Reference to provide for three additional community representatives from the Ahuriri Māori community. |
The current Māori Committee was established and appointed at the beginning of this electoral term and has been developing its Terms of Reference that sets out its structure, moemoeā (vision), whainga (purpose), ngā matapono (values) and pou (objectives). At present the membership is made up of following representatives;
· Mayor of Napier
· Maungaharuru-Tangitū Trust (MTT) representative: vacant (previously held by James Lyver ex General Manager of MTT)
· Maraenui and Districts Māori Committee representative: Adrienne Taputoro
· Ngāti Pārau Hāpu Trust representative: Chad Tareha (Chair)
· Pukemokimoki Marae Trust representative: vacant
· Te Taiwhenua o Te Whanganui-a-Orotū: vacant
· Mana Ahuriri: vacant.
3.3 Issues
Due to the current Committee vacancies, and the ability of incumbent members to attend all meetings as scheduled, sometimes it is difficult to get a quorum (of three) and governance duties fall on few members reducing the ability for robust debate informed by wider perspectives and diverse cultural knowledge and experience.
Other councils’ Māori committee structures have been researched and there is certainly no one model for all. What is observed, is that there is often a greater number of representatives including more specialist roles and community members, rather than representatives from Ahuriri Māori entities only. In this way, a greater diversity of representation and skills, knowledge and experience is conveyed at the committee meetings.
An increase in diversity and membership to the Māori Committee may be made by seeking expressions of interest from the Ahuriri Māori community. An expression of interest should detail background, relevant skills, knowledge and experience and how that will benefit the Committee’s and Council’s decision-making processes. It is recommended that the draft Terms of Reference is amended to include three community representatives.
Māori Committee feedback on the proposal informal testing of the proposal with members of the Māori Committee received a very positive response, and when the Committee formally considered the proposal and recommended that the proposal go ahead as outlined.
3.4 Significance and Engagement
N/A
3.5 Implications
Financial
Additional membership fees can be found within existing budgets for 2020/21 financial year and will be added to the Long Term Plan 2021/22 to 2031/32.
Social & Policy
N/A
Risk
N/A
3.6 Options
The options available to the Council are as follows:
a. To amend the draft Terms of Reference to include three additional community representatives on the Committee.
b. To retain the status quo.
3.7 Development of Preferred Option
The preferred option is to amend the draft Terms of Reference to include the additional representatives so that the Māori Committee’s representation is widened and meetings are well attended into the future.
a Draft Māori Committee Terms of Reference (1271513) ⇩
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Ordinary Meeting of Council - 17 December 2020 - Attachments
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Item 3 Attachments a |
MĀORI COMMITTEE - TERMS OF REFERENCE
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Chairperson |
Chad Tareha (appointed April 2020) |
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Membership |
Mayor of Napier Maungaharuru-Tangitū Trust representative: Robbie Paul Maraenui and Districts Māori Committee representative: Adrienne Taputoro Ngāti Pārau Hāpu Trust representative: Chad Tareha Pukemokimoki Marae Trust representative: (Vacant) Te Taiwhenua o Te Whanganui-a-Orotū: (Vacant) Mana Ahuriri: (Vacant)
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Hākoro: Piri Prentice (appointed 2014) Hākui: (Vacant)
The terms Hākoro and Hākui are used for male and female elders in the Ngāti Kahungunu dialect Council’s Hākoro and Hākui may attend meetings but are not voting members |
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Quorum |
3 |
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Meeting frequency |
Monthly on the second Friday, and as required – note proposed re-integration to six week cycle |
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Officer responsible |
Director Community Services, Senior Māori Advisor |
Moemoeā (Vision)
Whakataukī / Whakatauākī
Whainga (Purpose)
To advocate on behalf of Ahuriri Māori, providing cultural leadership, facilitating wānanga with Council and enabling wider relationships with Māori Authorities.
Ngā Matapono (Values)
· A
· E
· I
· O
· U
Pou (Objectives)
1. Ensure that every decision in relation to Council activities takes into consideration the relationship to Māori culture and traditions (refer Local Government Act 2002 and Resource Management Act 1991)
a. Works with Council and officers to ensure appropriate and timely opportunities to contribute are consistently provided to the Committee, including through review and recommendations on formal reports, informal discussions at wānanga or working with officers at a project level
b. Works with officers to ensure that clear appropriate processes are developed and implemented that facilitate the Committee being able to meet its mandate.
2. Raise and make recommendations to Council on matters of importance to the Māori residents of Ahuriri
3. Provide feedback to Council on ways that relationship and capability to engage on Council-related matters can be built with and within the Māori communities of Napier.
a. Works with Council and officers in developing Māori capacity to contribute to Council activities
Notes
As well as specific hui and wānanga of this Committee, members will be invited to attend Council workshops, standing committee meetings and Council meetings.
Remuneration
The Committee Chair (when not an elected member) will be paid $600.00 gross per Māori Committee meeting or workshop attended.
Committee members (who are not elected members) will be paid $400.00 gross per Māori Committee meeting or workshop attended.
Any Māori Committee member (including the Chair) attending any discretionary workshops of Council will be remunerated at a rate of $200.00 gross per half day (i.e. per 8.00am–12noon block or 1.00pm–5.00pm block regardless of the number of individual workshop sessions within each time block)
4. Information - Minutes of Joint Committees
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Type of Report: |
Operational |
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Legal Reference: |
Local Government Official Information and Meetings Act 1987 |
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Document ID: |
1269811 |
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Reporting Officer/s & Unit: |
Carolyn Hunt, Governance Advisor |
1.1 Purpose of Report
The purpose of this report is to receive unconfirmed minutes from Joint Committee meetings for the period 31 August to 4 December 2020.
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That Council: a. Receive for information the unconfirmed minutes of the following Joint Committees: 31 August 2020 - Hawke’s Bay Civil Defence Emergency Management Group Joint Committee (Doc ID: 1264924) 11 September 2020 - Hawke’s Bay Regional Council Transport Committee (1271606) 16 October 2020 - Clifton to Tangoio Coastal Hazards Strategy Joint Committee (Doc ID: 1268101)
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The following Joint Committees met as follows:
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31 August 2020 |
Hawke’s Bay Civil Defence Emergency Management Group Joint Committee |
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11 September 2020 |
Hawke’s Bay Regional Council Transport Committee |
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16 October 2020 |
Clifton to Tangoio Coastal Hazards Strategy Joint Committee |
3.3 Issues
N/A
4.4 Significance and Engagement
N/A
5.5 Implications
Financial
N/A
Social & Policy
N/A
Risk
N/A
6.6 Options
The options available to Council are as follows:
To receive the following unconfirmed minutes of meetings held on:
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31 August 2020 |
Hawke’s Bay Civil Defence Emergency Management Group Joint Committee |
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11 September 2020 |
Hawke’s Bay Regional Council Transport Committee |
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16 October 2020 |
Clifton to Tangoio Coastal Hazards Strategy Joint Committee |
7.7 Development of Preferred Option
N/A
a Hawke's Bay Civil Defence Emergency Management Group Committee Unconfirmed Minutes 31 August 2020 (Doc ID: 1264924) ⇩
b Clifton to Tangoio Costal Hazards Strategy Joint Committee - Unconfirmed Minutes 16 October 2020 (Doc ID 1268101) ⇩
c Hawke's Bay Reguional Transport Committee Unconfirmed Minutes 11 September 2020 (1271606) ⇩
Ordinary Meeting of Council - 17 December 2020 - Open Agenda
REPORTS / RECOMMENDATIONS FROM THE STANDING COMMITTEES
Reports from Sustainable Napier Committee held 3 December 2020
1. Pettigrew Green Arena expansion: Location of car-parking
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Operational and Procedural |
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Legal Reference: |
Enter Legal Reference |
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Document ID: |
1263766 |
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Reporting Officer/s & Unit: |
Glenn Lucas, Manager Sport & Recreation |
1.1 Purpose of Report
The purpose of this report is to provide information to inform inter-council decisions around the preferred location of the car-parking for the Pettigrew Green Arena expansion.
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The Manager Sport and Recreation, Mr Lucas acknowledged and thanked Chief Executive Officer, Eastern Institute of Technology (EIT), Chris Collins Chair, Regional Indoor Sports and Events Centre (RISEC) Trust, Craig Waterhouse for their presentations and the attendance of Group Manager Asset Management (HBRC) (Chris Dolley). Mr Lucas advised that the Pettigrew Green Arena (PGA) had plans to expand their facility and Council had committed $4.1m and funding from the Government of $6.4m to the project. In order to proceed a decision was required on the location of the carpark. There were three options available; Council riverside reserve; over the stopbank on Hawke’s Bay Regional Council owned land or a hybrid of the two options – part located in the NCC reserve and part across the stopbank on HBRC land. Agreement between Napier City Council and the Hawke’s Bay Regional Council was required in order to obtain consent to provide directionto PGA/RISEC of the location of the carpark.. Discussion and questions highlighted the following points: · The stopbank option was the best for servicing the arena it also carried a greater risk of flooding. · The Pettigrew Green Arena has undertaken to be responsible for all asset renewal costs. · EIT foundation partner of the PGA have agreement of reciprocal carparking. · Application for resource consent deadline was 16 December 2020. The next Council meeting was scheduled for 17 December 2020. · A geotechnical report and the stability of the carpark would come back to Council. · Overall timeframes for project if resource consent was not issued in time required and construction date what risks are there · The funding agreement stipulates the start date for construction and includes very clear deadlines. · If the Resource Consent is not secured and takes longer there is the risk that funds may have to be repaid. At this stage it would be paying out more than the funding that has been received a this time. · Timeframes for the resource consent are very tight but are tracking well. Prior to the final decision a lot of work was being undertaken. · At the HBRC Corporate and Strategic Committee on 2 December 2020 no decision was made on the location of the carpark. That Committee had requested additional information on how the project was supported by Council values and this would be reported at the HBRC meeting on 16 December 2020. · It was unrealistic to engage with multiple parties less than two weeks to process the consent. · The Resource Consent requires provision of a carpark and certain number of carparks prior to consent being granted.
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Councillors Price / Taylor The Sustainable Napier Committee: a. Note the assessment of the three options for siting the car-parking, and endorse the removal of the hybrid option from consideration.
b. Approve the location of the carpark over the stopbank on Hawke’s Bay Regional Council land as the preferred option.
c. Note the Eastern Institute of Technology (EIT) conditions for provision of EIT land required for the project to proceed.
d. Resolve to commence discussions with Hawke’s Bay Regional Council (and EIT) to provide direction to Pettigrew Green Arena.
Carried
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2. Report on NCC's Drinking Water Supply Implementation Audit
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Operational |
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Legal Reference: |
Drinking Water Standards 2005/18 and Health Act |
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Document ID: |
1261446 |
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Reporting Officer/s & Unit: |
Catherine Bayly, Manager Asset Strategy Anze Lencek, Water Quality Lead |
2.1 Purpose of Report
To inform the Council on the outcome of Council’s recent Water Supply Implementation Audit undertaken during 22nd to 24th September 2020 by the Hawkes Bay District Health Board’s Drinking Water Assessor (DWA). Following the audit an audit report was compiled called ‘Final Report on Implementation of a Drinking-water Supply’s Water Safety Plan’. This report outlines the process undertaken, its outcomes and NCC’s actions to be taken in order to close the report out.
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Water Quality Lead, Mr Lencek summarised the process undertaken and actions to be taken by Council in regard to the “Implementation of a Drinking Water Supply’s Water Plan”. Discussion and questions highlighted the following points: · Common factors across the report was due to insufficient funding, inability to recruit or both. · Automated systems will soon be in place for automated information sharing from the lab and a new Asset Management system is to be implemented in the first half of 2021. · In the past a number of processes and lack of tools had been an underlying issue which is slowly being resolved as resourcing allows. · The new system next year would include automated monitoring . · Not legally binding by NCC. Already addressed some risk – to make water compliance robust early next year. · Combination of antiquated systems and operations and looking forward this would change, having learned things from the report and a desire now to make things more visible. · The assessor was positive in the continuous improvement process. Non conformance was not a public safety or network. Capacity to maintain and follow procedures as prescribed and staff needed to address those shortcomings. · Water assessor favourable in the way staff were managing the chlorine system with very clear good practices in staff. · Batches of chlorine had lost 1/3 of effectiveness due during transition. To mitigate this affect the supplier has been changed to a New Zealand based product and would be stored at the Depot.
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Councillors Simpson / Wright The Sustainable Napier Committee: a. Endorse: i. The Final Report on Implementation of a Drinking-water Supply’s Water Safety Plan Report
Carried
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3. Lease of Reserve - Pelega O Matua Fanau Charitable Trust
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Legal |
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Legal Reference: |
Reserves Act 1977 |
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Document ID: |
1136255 |
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Reporting Officer/s & Unit: |
Bryan Faulknor, Manager Property Jenny Martin, Property and Facilities Officer |
3.1 Purpose of Report
To seek Council approval for a ground lease with Pelega O Matua Fanau Charitable Trust for the land occupied by the Early Childhood Education Centre on the Riverbend Road Reserve.
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Manager Asset Strategy, Ms Stewart spoke to the report and advised that processes would be more robust for the future to prevent buildings be built on Council reserve.
The Childcare Centre was currently reliant on the good will of the Church for access across their land. The Trust have been provided with a draft lease document to consider and advised them that they must negotiate with the Church elders for access as this is not a Council matter. ACTION Legitimise access through the Church and officers facilitate those discussions.
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Councillors Simpson / Mawson The Sustainable Napier Committee: a. Recommend that Council enter into a ground lease, pursuant to Section 73(3) of the Reserves Act 1977, with Pelega O Matua Fanau Charitable Trust for the land occupied by the Early Childhood Education Centre on the Riverbend Road Reserve between Riverbend Road and Latham Street for a term of ten years with a five year right of renewal.
Carried
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Information |
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Legal Reference: |
N/A |
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Document ID: |
1263466 |
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Reporting Officer/s & Unit: |
James Mear, Manager Design and Projects |
4.1 Purpose of Report
To provide Council with information on Capital Programme Delivery.
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Manager Design and Projects, Mr Mear introduced the report on its first presentation to Council. Manager Asset Strategy, Ms Bayly, provided an update on key projects that had been asked about at the previous Sustainable Napier Committee. The update included: · Chlorine Free Review – the initial report has been received and the report and costs are being reviewed internally and peer reviewed externally. A paper will come to Council next year. · Lagoon Farm – provision for stormwater storage has been allocated in the next LTP budget. · Waterways planting – four examples were provided including 6,800 plants that had been planted at the head of the Taipo. · Tradewaste Bylaw – looking to be implemented by Mid 2021. At the Meeting Manager Design and Projects, Mr Mear introduced the report on its first presentation to Council.
Manager Asset Strategy, Ms Bayly, provided an update on key projects that had been asked about at the previous Sustainable Napier Committee. The update included: · Chlorine Free Review – the initial report has been received and the report and costs are being reviewed internally and peer reviewed externally. A paper will come to Council next year. · Lagoon Farm – provision for stormwater storage has been allocated in the next LTP budget. · Waterways planting – four examples were provided including 6,800 plants that had been planted at the head of the Taipo. · Tradewaste Bylaw – looking to be implemented by Mid 2021. · Pandora Industrial Main – the final consultant’s report has been received and staff are reviewing the options prior to itemising project budgets into the LTP.
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Councillors Tapine / Wright The Sustainable Napier Committee: a. Note that this report is for information purposes only.
Carried
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5. Annual Environmental Report Submission to HBRC - Discharge of Stormwater to Ahuriri Estuary (Westshore Tidal Gates)
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Information |
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Legal Reference: |
Resource Management Act 1991 |
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Document ID: |
1264429 |
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Reporting Officer/s & Unit: |
Cameron Burton, Manager Environmental Solutions |
5.1 Purpose of Report
This paper is to inform the Sustainable Napier Committee that the 2019-2020 annual report for the Westshore Tidal Gates stormwater and drainage water discharge to the Ahuriri Estuary, as required by Resource Consent, has been provided to Hawkes Bay Regional Council.
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Manager Environmental Solutions, Mr Burton spoke to his report advising that the 2019-2020 annual report for the discharge of stormwater and drainage water from the Napier City urban and surrounding rural land to the Westshore Tidal Gates had been submitted to the Hawke’s Bay Regional Council and that this report demonstrated full compliance with consent conditions. The Taiapo Stream and Pandora Central Districts were not included. It was considered that the conditions in the present consent did not adequately capture the required information on the water quality of both stormwater and dry weather flows flowing into the Ahuriri Estuary via the Westshore Tidal Gates. Mr Burton advised that the new consent for 2020-2021 had been drafted with very stringent conditions to enable a more comprehensive monitoring programme Current monitoring activities met the requirements of both the expired consent and the proposed consent.
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Councillors Browne / Tapine The Sustainable Napier Committee: a. Note the annual report for the discharge of stormwater from the Westshore Tidal Gates has been submitted to the Hawkes Bay Regional Council.
Carried
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6. Annual Environmental Report Submission to HBRC Discharge of Wastewater into Hawke Bay
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Information |
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Legal Reference: |
Resource Management Act 1991 |
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Document ID: |
1264438 |
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Reporting Officer/s & Unit: |
Cameron Burton, Manager Environmental Solutions |
6.1 Purpose of Report
This paper is to inform the Sustainable Napier Committee the 2019-2020 annual report for the discharge of wastewater into Hawke Bay has been submitted to Hawkes Bay Regional Council.
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The Manager Environmental Solutions, Mr Burton advised that the annual environmental report had been submitted to the Hawke’s Bay Regional Council on the discharge of wastewater into Hawke Bay.
The activity of discharging treated wastewater to the Pacific Ocean in Hawke Bay via the marine outfall was overall largely compliant for the reporting period. However, there were two seepages in the pipeline at approximately 700 metres and 640 metres offshore.
Napier City Council has been working towards implementing a solution and carrying out additional monitoring to assess the effects of the seepages.
There had been high Total Suspended Solids loads over the reporting period which appeared to be originating from industry. Officers have been in regular dialogue with industry to reiterate the discharge requirements of their tradewaste consents. Continued work towards a solution to reinstate the Pandora Industrial Pumping Main has been undertaken by Beca Consultants.
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Councillors Chrystal / Mawson
The Sustainable Napier Committee: a. Note the 2019-2020 annual report for the discharge of wastewater into Hawke Bay has been submitted to the Hawkes Bay Regional Council.
Carried
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7. Annual Environmental Report Submission to HBRC - Discharge into Ahuriri Estuary (Thames & Tyne Waterways)
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Information |
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Legal Reference: |
Resource Management Act 1991 |
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Document ID: |
1264439 |
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Reporting Officer/s & Unit: |
Cameron Burton, Manager Environmental Solutions |
7.1 Purpose of Report
The purpose of this paper is to summarise to the Sustainable Napier Committee the 2019-2020 annual report for the discharge of the Thames & Tyne Waterways in the Pandora Industrial Area into Ahuriri Estuary.
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The Manager Environmental Solutions, Mr Burton provided a summary of the annual report to the Hawke’s Bay Regional Council on its consent to discharge untreated stormwater from the combined Thames and Tyne Stormwater Streams into the lower Ahuriri Estuary. The Thames and Tyne waterways were well mixed tidally driven streams. He advised that both Napier City Council and Hawke’s Bay Regional Council had attended a series of industrial pollution events in the Pandora catchment. Routine and investigative environmental monitoring would continue to develop and change for the protection of the wider Ahuriri Estuary. While improvements continued to be made physically and socially within the Thames-Tyne network and catchment it was recognised that there was still significant work to be done in Pandora and across Napier City to rehabilitate the urban waterways in order to assist the recovery of the Ahuriri Estuary. A new bylaw and new consenting standard would be coming out and there was already a scientist appointed to the team of three.
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Councillors Brosnan / Wright The Sustainable Napier Committee: a. Note the 2019-2020 annual report for the discharge of the Thames & Tyne urban waterways into Ahuriri Estuary has been submitted to the Hawkes Bay Regional Council on July 31, 2020.
Carried
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8. Taradale Bridge Club Park Island Proposal
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Legal and Operational |
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Legal Reference: |
Reserves Act 1977 |
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Document ID: |
1258820 |
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Reporting Officer/s & Unit: |
Debra Stewart, Team Leader Parks, Reserves, Sportsgrounds |
8.1 Purpose of Report
The purpose of the report is to provide an update on the Taradale Bridge Club plans to locate their facility at Park Island and seek support from Council to allow them to proceed with their proposal to locate their facility at Park Island near the Central Football building rather than as part of shared facility in the Northern Sports Hub.
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Team Leader Parks, Reserves, Sportsgrounds, Ms Stewart spoke to the report and advised that the Taradale Bridge Club sought approval from Council to build Clubrooms at park Island adjacent to the Central Football Federation Building. There was currently carparking in the form of metal/grass immediately south of the proposed building that has a barrier arm in place and this would provide sufficient parking for members of the Bridge Club. The Community organisation were congratulated on the effort that they have put into this proposal.
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Councillors Taylor / Wright The Sustainable Napier Committee: a. Approve that the Taradale Bridge Club be allowed to locate their new facility adjacent to the building occupied by Central Football, subject to detailed design being approved by Council Officers, an appropriate lease being entered into and all necessary building and resource consents being obtained by the Taradale Bridge Club. b. Agree that Officers work with the Taradale Bridge Club to finalise the proposal and the details of this proposal be reported back to Council when the lease is reported for approval the lease. Carried
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9. Rotary Club of Ahuriri 50th Anniversary Project, Spriggs Park
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Procedural |
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Legal Reference: |
N/A |
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Document ID: |
1259362 |
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Reporting Officer/s & Unit: |
Debra Stewart, Team Leader Parks, Reserves, Sportsgrounds |
9.1 Purpose of Report
The purpose of this report is to seek approval from Council to allow the Rotary Club of Ahuriri to proceed with the development of a “sit and stay” area at Spriggs Park in Ahuriri.
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The Team Leader Parks, Reserves, Sportgrounds, Ms Stewart spoke to the report advising that the cost of the project was estimated to be $60,500.00. The Rotary Club would like a contribution towards the cost of the project from Council of $23 000.00. There was no funding set aside for this project within existing reserves budgets and the Rotary Club would undertake the full cost if Council could not contribute.
Feedback from the community had indicated they would like barbeques to be installed as had been undertaken on the Marine Parade and Anderson Park. Responsibility for maintenance of the area once operational would be Councils.
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Councillors McGrath / Browne The Sustainable Napier Committee: a. Approve the proposal by the Rotary Club of Ahuriri to develop a “sit and stay” area at Spriggs Park which will include seating, shade, hard surface and an electric barbeque.
Carried
|
10. Rotary Club of Taradale 60th Anniversay Project, Taradale Park
|
Procedural |
|
|
Legal Reference: |
Reserves Act 1977 |
|
Document ID: |
1261403 |
|
Reporting Officer/s & Unit: |
Debra Stewart, Team Leader Parks, Reserves, Sportsgrounds |
10.1 Purpose of Report
The purpose of this report is to seek approval from Council to allow the Rotary Club of Taradale to proceed with the installation of seats and a shade sail at Taradale Park as part of their 60th Anniversary celebrations.
|
The Team Leader Parks, Reserves, Sportgrounds, Ms Stewart advised that the estimated cost for the project, which included a shade sail structure, cycle racks, picnic tables and seats to be $22,500. No barbeque had been requested but could possibly be included in the future.
|
|
Councillors Taylor / Crown The Sustainable Napier Committee: a. Approve the proposal by the Rotary Club of Taradale to proceed with the installation of seats and tables, cycle racks and a shade sail at Taradale Park.
Carried
|
Reports from Future Napier Committee held 3 December 2020
1. Review of Gambling Venues Policy
|
Procedural |
|
|
Legal Reference: |
Gambling Act 2003 |
|
Document ID: |
1263387 |
|
Reporting Officer/s & Unit: |
Rachael Horton, Manager Regulatory Solutions |
1.1 Purpose of Report
This report introduces the review of Council’s Gambling Venues Policy, seeks Council’s endorsement of the review process and seeks Council’s approval to release the Statement of Proposal for consultation.
|
Manager Regulatory Solutions spoke to the report and the Gambling Policy review that would be released in a Statement of Proposal for public consultation. She corrected a minor error in the paper on page 9 which should read ‘Future Napier Committee’ not ‘Maori Committee’. This correction will be made to the paper ahead of the second debate by Council. Under the Gambling Act 2003 and Racing Industry Act 2020 Councils are required to implement gambling policies that need to be reviewed every three years. The report was presented to the Māori Comittee and their feedback to Council was to adopt the sinking lid option for community consultation. It was proposed that Council adopt the document for consultation at the Council meeting scheduled for 17 December 2020. Discussion and clarification on the following points ensued: · Policy direction by Council during workshops held was to retain the status quo in regards to the number of venues and venues allowed. · Consultation document for the public includes “status quo” as the preferred option. · Currently the policy enables the relocation of machines if a license is held. · Where relocation was not permitted the policy could incorporate criteria whereby an exemption could be considered. · Changes to the Statement of Proposal would be marked in red and the public would be able to identify proposed changes. · To change to a sinking lid gambling policy may reduce the harm caused by problem gambling · The Statement of Proposal sets options advantages and disadvantages. · Despite the number of gaming machines declining over the years the problem gambling rate nationally has remained static. · Consultation process would enable submitters to advocate what option they prefer and better hear from the submitters prior to decision making. · Section 83 of the Local Government Act requires that a Statement of Proposal be prepared when consultation with the community is requested. · The manner and form on how Council consults with all affected parties to provide a fair opportunity for all persons to have a say is set out in Section 83 of the Local Government Act. · The Statement of Proposal for the Gambling Policy review process ticks all the boxes for Section 83. · Currently Napier has 20 venues and 298 gaming machines. · The Proposal is for Council to retain the “status quo” option. · There was support for a minor change to the paper to be made ahead of the second debate by Council to change the wording in the Statement of Proposal to “the proposed option for consultation” rather than “the preferred option for consultation” . · The Maori Committee rejected the current policy and wanted sinking lid as the preferred option. · A foreshadowed motion was noted if the Motion was not carried “that the draft policy going out for consultation is sinking lid and lowering the number of machines”.
|
|
The Future Napier Committee: a. Note the information relating to the review of Council’s Gambling Venues Policy. b. Endorse the review process including approach to consultation as set out in the Significance and Engagement section. c. Approve the Statement of Proposal for public notification through the Special Consultative Procedure as prescribed in section 83 of the Local Government Act. Carried Councillors Boag and Tapine recorded their vote AGAINST the Motion
|
2. Review of Location of Approved Psychoactive Products Sales Points Policy
|
Procedural |
|
|
Legal Reference: |
Psychoactive Substances Act 2013 |
|
Document ID: |
1263703 |
|
Reporting Officer/s & Unit: |
Rachael Horton, Manager Regulatory Solutions |
2.1 Purpose of Report
This report introduces the review of Council’s Approved Psychoactive Products Sales Points Policy, seeks Council’s endorsement of the review process and seeks Council’s approval to release the Statement of Proposal for consultation.
|
The Manager Regulatory Solutions, Ms Horton spoke to the report on the review to regulate Psychoactive Products Sales. Officers held two workshops to determine Council’s policy direction for consultation. The first workshop was also attended by the Chairperson of the Māori Committee. Policy direction was given to strengthen the purpose and clause relating to the distance required from sensitive communities to ensure that the exposure to the selling of approved products and their potential harm was minimised across all vulnerable and sensitive sections of our community. Discussion and feedback from the Maori Committee indicated that they would like to double the various distances from 100m to 200m · Current policy was in the Inner City Commericial zone. · Additional wording included in the Policy “vulnerable members of our community or sensitive communities congregate and includes….” · Current wording; Sales are not permitted to be within 100 metres of any existing area where childcare centres, schools, libraries or places of worship. · The Act requires not to prohibit venue for sales as prohibiting one venue in the policy would be prohibiting competition. · The Maori Committee proposed extension would be prohibiting competition. · Places of worship in the Central Business District (CBD) could not have more than 2 venues · Playgrounds good example of timeout zones where young people congregate where do you stop. Officers have broadened the policy to include areas where vulnerable or young people congregate.
|
|
The Future Napier Committee recommends that Council: a. Note the information relating to the review of Council’s Approved Psychoactive Products Sales Points Policy. b. Endorse the review process including approach to consultation as set out in the Significance and Engagement section. c. Approve the Statement of Proposal for public notification through the Special Consultative Procedure as prescribed in section 83 of the Local Government Act.
Carried
|
3. Resource Consent Activity Update
|
Enter Significance of Report |
|
|
Legal Reference: |
Enter Legal Reference |
|
Document ID: |
1260263 |
|
Reporting Officer/s & Unit: |
Luke Johnson, Team Leader Planning and Compliance |
3.1 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.
|
The Team Leader Planning and Compliance, Mr Johnson spoke to the report providing an overview of recent resource consenting activity.
|
|
Councillors Crown / Tapine The Future Napier Committee: a. Note the resource consent activity update. Carried
|
Reports Under Delegated Authority
1. Tenders Let
|
Type of Report: |
Information |
|
Legal Reference: |
Enter Legal Reference |
|
Document ID: |
1268767 |
|
Reporting Officer/s & Unit: |
Debbie Beamish, Executive Assistant to the Chief Executive |
1.1 Purpose of Report
To report the Tenders let under delegated authority for the period 2 - 20 November 2020.
|
That
Council: a. Receive the Tenders Let report for the
period 2 – 20 November 2020.
|
CONTRACTS OVER $100,000 LET UNDER CHIEF EXECUTIVE/DIRECTOR INFRASTRUCUTRE DISCRETION
a. Contract 1286 Te Awa Playground
b.
The five suppliers from
the Playground Equipment Supplier Panel contract were invited to tender and
five tenders were received.
c.
The nominated price was
$155,000.00.
d.
It was recommended that
the contract be awarded to Playground Centre in the sum of $149,809.00.
e. This recommendation was approved.
Ordinary Meeting of Council - 17 December 2020 - Open Agenda Item 2
2. Documents Executed Under Seal
|
Type of Report: |
Information |
|
Legal Reference: |
N/A |
|
Document ID: |
1268771 |
|
Reporting Officer/s & Unit: |
Debbie Beamish, Executive Assistant to the Chief Executive |
2.1 Purpose of Report
To report on the Documents Executed under Seal for the period 2 – 20 November 2020.
|
That Council: Receive the report for Documents Executed under Seal for the period 2 – 20 November 2020.
|
|
Date |
Document |
|
02/11/2020 |
Easement in gross – sewer 105 Kennedy Road, Napier |
|
04/11/2020 |
Agreement to pay development contributions & suspend registration of statutory land charges |
|
05/11/2020 |
Easement instrument – 69-69A King Street |
|
09/11/2020 |
Freeholding 29A and 29B Charles Street, Westshore |
|
16/11/2020 |
Gas & Electricity Easement Instrument Te Awa Avenue |
|
18/11/2020 |
Easement Instrument 25 Coronation Street |
Ordinary Meeting of Council - 17 December 2020 - Open Agenda
That the public be excluded from the following parts of the proceedings of this meeting, namely:
Agenda Items
1. Audit and Risk Committee - Extension of Committee member appointment
Reports from Sustainable Napier Committee held 3 December 2020
1. Pandora Industrial Tradewaste Main Update
2. Hawkes Bay Rugby Deed 2016 Update
Reports from Future Napier Committee held 3 December 2020
1. Land Sale
The general subject of each matter to be considered while the public was excluded, the reasons for passing this resolution in relation to each matter, and the specific grounds under Section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution were as follows:
|
General subject of each matter to be considered. |
Reason for passing this resolution in relation to each matter. That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information where the withholding of the information is necessary to: |
Ground(s) under section 48(1) to the passing of this resolution. 48(1)(a) That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist: |
|
Agenda Items |
||
|
1. Audit and Risk Committee - Extension of Committee member appointment |
7(2)(a) Protect the privacy of natural persons, including that of a deceased person 7(2)(f)(ii) Maintain the effective conduct of public affairs through the protection of such members, officers, employees and persons from improper pressure or harassment |
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 Sustainable Napier Committee held 3 December 2020 |
||
|
1. Pandora Industrial Tradewaste Main Update |
7(2)(a) Protect the privacy of natural persons, including that of a deceased person 7(2)(b)(i) Protect information where the making available of the information would disclose a trade secret 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)(ii) 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 damage the public interest 7(2)(d) Avoid prejudice to measures protecting the health and safety of members of the public |
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: |
|
2. Hawkes Bay Rugby Deed 2016 Update |
7(2)(g) Maintain legal professional privilege |
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 Future Napier Committee held 3 December 2020 |
||
|
1. Land Sale |
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: |
Ordinary Meeting of Council - 17 December 2020 - Open Agenda
Ordinary Meeting of Council
Open Minutes
|
Meeting Date: |
Thursday 19 November 2020 |
|
Time: |
10.00am-12.23pm |
|
Venue |
Large Exhibition Hall Napier War Memorial Centre
Livestreamed via Zoom on Council’s Facebook page |
|
Present |
Deputy Mayor Brosnan (in the Chair), Councillors Boag, Browne, Chrystal, Crown, Mawson, McGrath, Price, Tapine, Taylor and Wright |
|
In Attendance |
Director Corporate Services, Director Community Services, Director Infrastructure Services, Director City Services, Director City Strategy, Manager Communications and Marketing, Chief Financial Officer, Team Leader Customer Services, Finance Accountant, Strategic Planning Lead, 3 Waters Programme Manager Mr C Samson - Property Group |
|
Administration |
Governance Team
|
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, 21t 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 |
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. |
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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
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Type of Report: |
Legal and Operational |
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Legal Reference: |
Local Government Act 2002 |
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Document ID: |
1259119 |
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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.
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At the meeting There was no discussion at the meeting. |
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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
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Type of Report: |
Information |
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Legal Reference: |
N/A |
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Document ID: |
1259134 |
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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.
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At the meeting There was no discussion at the meeting. |
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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
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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:
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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: |
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Agenda Items |
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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: |
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Reports from Sustainable Napier Committee held 22 October 2020 |
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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: |
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Reports from Napier People and Places Committee held 5 November 2020 |
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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: |
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Reports from Prosperous Napier Committee held 5 November 2020 |
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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: |
The meeting adjourned at 11.45am and reconvened
in the Public Excluded Session at 11.50am
The meeting closed with a Karakia at 12.23pm.
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Approved and adopted as a true and accurate record of the meeting.
Chairperson .............................................................................................................................
Date of approval ...................................................................................................................... |
Appendix A – Updated Civic Precinct Framework circulated at the meeting – 19 November 2020
