Minutes of Ordinary Meeting of Council - Thursday, 10 March 2022

Ordinary Meeting of Council - 10 March 2022 - Open Minutes

Ordinary Meeting of Council

Open Minutes

Meeting Date:	Thursday 10 March 2022
Time:	9.00am-3.19pm (Open) 3.20pm-4.10pm (Public Excluded) 4.10pm-4.22pm (Limited Distribution
Venue	Zoom (Audio Visual Link)
	Livestreamed via Council’s Facebook site

Present	Chair: Mayor Wise Members: Deputy Mayor Brosnan, Councillors Boag, Browne, Chrystal, Crown, Mawson, McGrath, Price, Simpson, Tapine, Taylor and Wright
In Attendance	Chief Executive (Steph Rotarangi) Director City Services (Lance Titter) Director City Strategy (Richard Munneke) Director Community Services (Antoinette Campbell) Director Corporate Services (Adele Henderson) Director Programme Delivery (Jon Kingsford) Acting Director Infrastructure Services, (Debra Stewart) Manager Communications and Marketing (Julia Atkinson) Pou Whakarae (Mōrehu Te Tomo) Manager Sport & Recreation (Glenn Lucas) Team Leader Transportation (Robin Malley) Team Leader Governance (Helen Barbier) Manager Community Strategies (Natasha Mackie) Community Funding Advisor (Belinda McLeod) Senior Advisor Policy (Matt Adamson) Team Leader Parks Reserves and Sportsgrounds (Jason Tickner) Chief Financial Officer (Caroline Thomson) Māori Partnership Manager - Te Kaiwhakahaere Hononga Māori (Hiliary Prentice) Team Leader Building Asset Management (Andrew Clibborn) Ben Quane (Consultant, Dean and Quane NZ) Jamie Yule (Consultant, Tonkin and Taylor) Geoff Canham (Principal Parks and Recreation Specialist, Thrives Spaces and Places (formerly Geoff Canham Consulting)
Public Forum:	Sarah Walmsley, Anna Pierard and Lila (LJ) Crichton (Prima Volta Charitable Trust) Graham Duncan and Michael Basset-Foss (Ahuriri Rockpool Development Trust); Stephen Daysh (Mitchell Daysh Consultants)
Administration	Governance Advisors (Carolyn Hunt and Anna Eady)

Karakia

Apologies

Nil

Conflicts of interest

Nil

Public forum

Sarah Walmsley and Anna Pierard - Prima Volta Charitable Trust addressed the meeting on new projects the Trust was looking to launch. Prima Volta delivers a range of programmes that develop creative expression through music and singing. The programmes are open to all young people in Hawke’s Bay, however they focus on those where age, ethnicity, location and social economic factors are barriers.

Lila (LJ) Crichton, a Prima Volta graduate, gave his perspective on the initiative the Trust were seeking funding for. A short video of “The Magic Flute” production was played and the link for a 5 minute video was circulated to Councillors to view. The video was on Vimeo rather than youtube. https://vimeo.com/677942859/f7c2e74827

Graham Duncan - Ahuriri Rockpools Development introduced Michael Basset-Foss and Stephen Daysh in regard to the proposal to revitalise the Ahuriri beachfront located at Hardinge Road and Spriggs Park.

Mr Daysh, an experienced Resource Consents Planner, provided an overview of the project which was to provide a premium recreational experience enhancing Napier’s attractiveness both in terms of a tourist destination and for locals. The Ahuriri Rock Pools Development Trust has now been established with community Trustees and have met with Council’s Ngā Mānukanuka o te Iwi Committee to present their credentials and discuss getting iwi members on the Trust.

The Trust is seeking support of a $70,000 grant for the development of a Feasibility Study. A one page summary was presented on the background and environmental and community benefits of the project. It will be very difficult to obtain consent and the development will need a very strong and inclusive partnership with mana whenua; a number of approaches have been made to Mana Ahuriri and other senior people in the Māori community. Meaningful engagement with mana whenua will need time and good processes. A key part of the feasibility and business case is looking at a vision that mana whenua will be supportive of. Indications from mana whenua have been very respectful in initial discussions.

The development would include what the community have asked for in the Coastal Hazard Strategy for shore protection.

Attachments

1 One page summary tabled for Ahuriri Rockpools Development (Doc Id 1443180)

Announcements by the Mayor

Mana Ahuriri Settlement – Mayor Wise congratulated Mana Ahuriri with their settlement being finalised on 3 March 2022. This followed the third and final reading of the Deed of Settlement. The seven hapū of Ahuriri were recognised and Council looks forward to working in partnership with Mana Ahuriri.

Three Waters – The working group that was established last year after widespread opposition to the Three Waters Reform presented their 47 recommendations to Minister Mahuta this week. The main changes put forward were:

· Instituting a public shareholding structure intended to address and protect community ownership issues. Council will hold shares on behalf of their communities.

· Establishing tighter accountability for water services entity boards to the community through stronger mechanism.

· Looking to introduce sub-regional committees, designed to ensure local voices are considered in investment prioritisation.

· Establishment of a Water Services Ombudsman.

· Recognising Te Mana o te Wai, the health and wellbeing of water, to the wider environment as an underlying principal.

· Ensuring co-governance, embracing te reo Māori, to improve three water service delivery and environmental protection.

Napier is disappointed with the recommendations that have come through. The Hawke’s Bay model was presented to the Working Group and were able to show the viability of the Hawke’s Bay model, unfortunately that has been dismissed.

What has been recommended by the Working Group only goes some way to addressing the critical issues raised by Council and the community to Government. Hawke’s Bay’s voice will be lost from decision making and local asset ownership. The idea of sub-regional groups feeding into regional representation groups adds another layer of accountability between local community and entities.

Napier City Council (NCC) will continue to work alongside the other Hawke’s Bay Councils. NCC is also a member of the communities for local democracy which consists of 31 councils around the country and will continue to campaign against the proposed three waters reform.

The Minister has not yet provided any additional information or her thoughts on the recommendations from the Working Group. Council will wait to hear in regards to changes that have been recommended.

The Working Group’s Terms of Reference are very limited and did not enable them to address some of those critical issues that have been highlighted by the community and councils.

Announcements by the management

Three Waters Reform - The Chief Executive reiterated the scope given to the Government’s Representation and Accountability Group was limited in Council’s view, and their 47 recommendations reflect their scope. It was disappointing there was not the ability to discuss the structure of the water service entities in this significant period.

Confirmation of minutes

Council resolution

Councillors Tapine / Chrystal

That the Draft Minutes of the Ordinary meeting held on 21 December 2021 be confirmed as a true and accurate record of the meeting.

Carried

Agenda Items

1. Aquatic Facilities

Type of Report:	Operational and Procedural
Legal Reference:	N/A
Document ID:	1439827
Reporting Officer/s & Unit:	Glenn Lucas, Manager Sport & Recreation

1.1 Purpose of Report

The purpose of this report is to provide supplementary information in relation to the resolutions contained in the two reports presented at the Extraordinary Sustainable Napier Committee meeting held on 17 February 2022.

At the meeting

The Manager Sports and Recreation, Mr Lucas, advised that the following external experts would be online for questions, if required:

· Jamie Yule - Engineering Geologist and Project Manager, Tonkin and Taylor

· Ben Quane - Technical Director Quantity Surveyor and Project Manager, Deane & Quane

· Geoff Canham - Principal Parks and Recreation Specialist, Thrives Spaces and Places (formerly Geoff Canham Consulting)

· Cam Drury – Director Principal Planner – Strategy

Mr Lucas provided a brief overview of the report which is a combination of two reports presented to the Extraordinary Sustainable Napier Committee meeting held on 17 February 2022, being:

· The Aquatic Development – Options for Consultation (Doc Id 1439834)

· The Napier Aquatic Centre Capital Review Programme (Doc Id 1439833) included:

Tabled and circulated was “Aquatic Facilities Questions and Answers”(Doc Id 1442318), answers to questions raised by Councillors during workshops.

Mr Brown displayed a graph on the Napier Aquatic Centre Remediation Prioritised Recommendations period followed by construction period. Summary of cash flow for 2022/23. (Doc Id1443194 )

It was proposed that the $8m for remediation of the current facility could be split in two to ensure money is only committed as required. This would provide flexibility not to preload all expenditure.

In response to questions at the meeting it was clarified:

· The geotechnical conditions of the Prebensen Drive site is similar to the Onekawa site; it is a long way below ground before there are resistance layers, which creates difficulties if piling is required.

· At Prebensen the surface was scraped and fill deposited and engineered to preload the site. With the preload complete and settled geotechnical conditions are mitigated and the site is ready for construction. The Onekawa site is more challenging geotechnically as there is uncontrolled fill across the site. The Prebensen site is set back from water bodies to mitigate any laterial spread risk.

· As Onekawa is a previous landfill site and some of the Park’s capping is quite thin additional capping would be required to ensure all contaminated soil is covered. Development on site that requires shallow foundations and minimum excavation could be built, however an Aquatic Centre requires a much deeper sub-structure.

· Regardless whether building commercial or residential the Onekawa site has difficulties, both from a contamination and geotechnical perspective. Levels of contamination exceed the residential thresholds and parts of the site may require remediation.

· There are a number of landfills across New Zealand that are now open space reserve and this may be a future option for the Onekawa site.

· The external experts all confirmed that all reports and work completed for Napier City Council as part of this process were subject to their code of ethics, independent review and risk assessment and all work processes followed best practice and the appropriate industry standard guidelines. In some cases reports have been externally peer reviewed.

· The Council’s roading team identified three options to provide a traffic management solution required at Onekawa if Aquatic facilities are sited there. It was predicted the new facility could generate 300,000 visits per year. The options being:

a) Creating roundabouts at the junctions of Flanders/Maadi Roads and Flanders/Riverbend Roads,

b) Using the existing entry/exit on Maadi Rd opposite the shops, or

c) Creating a new link road between Flanders and Taradale Roads. This is the favoured option from a road engineering perspective.

· The provisional amount of $1.5m was examined against the works required for Optios a, b and c above. The budget was regarded as too low for each of the options and the recommendation was made that a budget of $3.5m would be more appropriate.

A map of traffic options and costings was displayed and tabled at the meeting (Doc Id1444312 )

· Tonkin and Taylor’s geotech report of Prebensen identified potential lateral spread risk zones. The footprint of the proposed pool is in the low risk zone for lateral spread. This information is contained in the Scope of Tender report approved by Council in March 2019.

Site plan displayed with lateral spread zones highlighted (Doc Id 1444311)

The meeting adjourned at 10.18am and

reconvened at 10.23am

· The Long Term Plan (LTP) identifies what debt cap there is in terms of loans and there is capacity for additional items. However if Council were to continue with this process an LTP amendment would be required. A minimum rate increase of 5% would be required for a loan to accommodate a new pool.

· The Ministry of Education website was used assess distance to schools from the two sites. The sites are only 2.7km apart. Preferential weighting for the location of the pool to a particular school area cannot be fairly used.

· Irrespective of whether a waterway is engineered or natural it is regarded to be similar lateral spread risk. The assessment looks at an open free face for material to effectively flow into the creek.

· The recommendation for both sites is to avoid piling as a foundation option and go with a shallow foundation on a raft or ground improved block. The risks are not around ground water issues but more that the noise and vibration from the piling would be significant and there is not confidence in a founding layer, also noting the price of steel is subject to significant fluctuation. However, in regard to groundwater at Onekawa, the presence of a very shallow groundwater table has been noted, and if there is a requirement to dewater a portion of the site to construct the facility this would need to be assessed as part of the Resource Consent process.

· Initial assumptions are that the site would be built up to mitigate the associated costs and risks of dewatering.

· The preferred design has been the result of 10+ years. Officers would estimate that to develop a new design would take approximately one year and have additional cost and require a new business case.

· The Napier aquatic redevelopment is intended to be a community pool, serving its local community. While the Mitre 10 Sports Park facility will be a significant regional asset providing benefit to many, the additional 30-40 minute travel time would likely be prohibitive for many. Location and accessibility are key considerations for users. Experiences around New Zealand for “catchment areas” or distance to travel support this assertion.

· The Mitre 10 Sports Park 50 metre pool is due to open 1 August 2022, but this aims to cater for high performance training, competition swim training, health and fitness swimming, water activities, and learn to swim. It will not be a venue for recreational swimmers.

· If an aquatic facility was built on the Prebensen site it could be completed by 2026. Operational impact on the Onekawa site would depend on which option is chosen. The option chosen would have minimal effect on the existing pool with some possible impact on the splash pad and hydro-slide. The aim would be to maintain levels of service in the Ivan Wilson pool and for learn to swim.

· For both options at Onekawa there will be an impact to operations of the existing centre during the enabling works and construction periods. These impacts would be for at least three years.

· Recommending $8.6m split into 2 x $4m with second $4m going through the Annual Plan processes to determine how it is spent. The programme managed in a way that decisions are put off until required and the bulk of expenditure is spread across from a risk perspective. Prudent aimed for with an $8.6m spend on Health and Safety improvements and service continuity improvements, to extend the life of the current pool 5-10 years.

· All options and costings need to be provided to the community rather than the consultation being split up into sections. This will enable the community to determine what things are important and give fully informed feedback.

· The second phase of consultation would be another special consultative procedure based on a proposed decision Council makes with the feedback of the community. The proposed option would be more focussed. Funding and timing would be considered through an LTP amendment and would also consider other factors such as rate caps and any other implications for other Council business.

· Of the $8m to be put aside for the current facility, $5m is for Health and Safety issues. Council needs to be prudent as the facility is aging. Priority will be given to health and safety issues.

· If there is any immediate risk of a health and safety issue there is no requirement to go to Council to get approval to fix it. The Building Asset Management and Operational Teams have been, and will continue to remediate any health and safety risk straight away.

Original Recommendation from the Extraordinary Sustainable Napier Committee meeting held on 17 February 2022

That Council:

Napier Aquatic Centre Capital Review Programme

a) Note the risks to ongoing service delivery at the Napier Aquatic Centre;

b) Note the independent relationship with the new aquatic development and the Napier Aquatic Centre capital expenditure requirements;

c) Endorse an additional $8,626,435 of capital funding over 2022/23 and 2023/24 to perform the recommended health and safety and service continuity capital improvements; and

d) Endorse an additional $80,000 of operational expenditure per year of the remaining life of the asset to enable repair and maintenance of end of life components.

e) Direct officers to prepare a phased plan of the proposed detailed expenditure to bring back to Council for endorsement.

Aquatic redevelopment: Options for consultation

a) Note the geotechnical and contamination reports and implications for potential aquatic redevelopment.

b) Note the independent multi-criteria site analysis results for the Onekawa and Prebensen sites.

c) Note the interdependent relationship with the new aquatic development and the work required to extend the life of the existing facility.

d) Note the impact of increasing construction costs.

e) Councillors are to forward all questions to Council Officers to investigate and bring responses back before the Council meeting on 10 March 2022.

The meeting adjourned at 11.50am and

reconvened at 12.05pm

The external experts were acknowledged and thanked and left the meeting.

Mayor Wise waived Standing Order 21.6 to enable all members to fully debate the recommendations.

Elected members discussed and debated the recommendations which were displayed at the meeting (Doc Id 1443288).

The meeting adjourned at 12.51pm

and reconvened at 1.27pm

Council resolution

Mayor Wise / Councillor Boag

Amended Resolution

Mayor Wise/Councillor Boag

Aquatic Redevelopment

a) Note the geotechnical and contamination reports and implications for potential aquatic redevelopment.

b) Note the independent multi-criteria site analysis results for the Onekawa and Prebensen sites.

c) Note the interdependent relationship with the new aquatic development and the work required to extend the life of the existing facility.

d) Note the impact of increasing construction costs.

e) Direct staff to prepare the consultation material and plan for the new aquatic facility in two stages.

i). In 2022, in the first stage the community will be consulted on the location, existing design and indicative costs of the new aquatic centre options, for a decision prior to July 2022; and

ii). In 2023, the second stage of consultation on the final design, timing and funding will be consulted on as a Long Term Plan Amendment to the 2021-2031 LTP, to be adopted by 30 June 2023.

f) Consultation will be on 2 options as below, with no preferred option chosen:

a) New build at Onekawa Park; and

b) New build at the Tamatea Drive site

g) That the consultation document includes inform pieces on:

i. Maintenance and service level continuity costs at Onekawa

ii. All options considered by Council but not chosen for consultation includes:

· New build site options at Onekawa; and

· The redevelopment of the existing Onekawa facility (Site option 2); and

· Closure of current Onekawa aquatic centre without replacement; and

· All alternative new build site locations in the city boundary.

iii. There will be future consultation on the proposed future use of Onekawa park, as a community space, if an alternative site is chosen.

iv. The undecided future use of the Tamatea Drive site, if an alternative site is chosen.

v. The design and all of the learnings and specific changes that have been made to the original design to suit Napier .

h The consultation plan and documents are to be approved by Council and include:

i. Note direct stakeholder, user group and community engagement be included; and

ii. A web-page be developed to present all of the aquatic reports, past and new along with the workshop information Councillors have had to support the consultation.

i) Note this is a priority consultation and may impact timeframes for existing planned consultations.

k) Direct Council Officers to explore further design options including modifications to reduce costs prior to the second stage of consultation.

Napier Aquatic Centre Capital Review Programme

a) Note the risks to ongoing service delivery at the Napier Aquatic Centre.

b) Note the independent relationship with the new aquatic development and the Napier Aquatic Centre capital expenditure requirements.

c) Endorse an additional $4m total of capital funding (loan funded) be included in the Annual Plan 2022/23 for the 2022/23 and 2023/24 years as needed to keep Onekawa open and operating to the best of its ability for the next 3-4 years.

d) Delegate to the Chief Executive to approve this expenditure as and if required within current delegations.

e) Note that the current Napier Aquatic Centre may require further investment for 2023/24 onwards, but that would be brought back to Council for consideration.

f) Endorse an additional $80,000 of operational expenditure per year of the remaining life of the asset to enable repair and maintenance of end-of-life components (funded from existing budgets).

Carried

Councillor Wright voted AGAINST the Motion

Attachments

1 Aquatic Facilities Questions and Answers - tabled (Doc Id 1442318)

2 NAC Remediation Prioritised Recommendations (Doc Id 1443194)

3 Traffic options and Costings (Doc Id 1444312)

4 Prebensen Lateral Spread areas (Doc Id 1444311)

2. Adoption of Speed Limit Bylaw Review 2022

Type of Report:	Legal and Operational
Legal Reference:	Local Government Act 2002
Document ID:	1434283
Reporting Officer/s & Unit:	Keegan Mossick, Traffic and Safety Engineer Tony Mills, Principal Transportation Engineer

2.1 Purpose of Report

For Council to adopt the Napier City Council Speed Limit Bylaw 2022 following the Bylaw submission hearings held on 16 December 2021. The new Bylaw will come in to effect as of 1 April 2022.

At the meeting

The Team Leader Transportation, Mr Malley spoke to the report and advised that page 5 of the Speed Limit Bylaw Review 2022 had been omitted from the Agenda papers. A revised version was tabled at the meeting. Mr Malley clarified that any amendment would not require further consultation.

Council resolution

Mayor Wise / Councillor Boag

That Council:

a. Approve the revised Napier City Council Speed Limit Bylaw 2022 (Doc Id. 1437485).

b. Confirm its endorsement of the following Bylaw amendments made to the Napier City Council Speed Limit Bylaw 2022 with effect from 1 April 2022.

Location/Road Name	Current Speed Limit (km/h)	Proposed Speed Limit (km/h)
Willowbank Avenue	100	80
Eskdale School (Variable Limits)	80	40
Port Ahuriri School (extension of variable school zone)	50	30
Reignier Catholic School (variable school zone)	50	30

Councillor Mawson voted AGAINST the Motion

Carried

Attachments

1 Speed Bylaw (Doc Id 1437485)

3. Summary Update on Civil Defence Emergency Management Group

Type of Report:	Information
Legal Reference:	N/A
Document ID:	1399880
Reporting Officer/s & Unit:	Steph Rotarangi, Chief Executive

3.1 Purpose of Report

To provide an update and summary of the Hawke’s Bay Civil Defence Emergency Management Group Joint Committee meeting held on 22 November 2021.

At the meeting

The Chief Executive, Dr Rotarangi advised that this was a routine report to provide a brief overview of the activity of the Civil Defence Emergency Management Group Joint Committee and would take the report as read.

Council resolution

Councillors Price / Simpson

That Council:

a. Receive the Update Summary on the Hawke’s Bay Civil Defence Emergency Management Joint Committee meeting held on 22 November 2021.

Carried

4. Chief Executive's Report

Type of Report:	Information
Legal Reference:	N/A
Document ID:	1434269
Reporting Officer/s & Unit:	Steph Rotarangi, Chief Executive

4.1 Purpose of Report

This report presents the first iteration of the Chief Executive’s Report to Council (Doc Id 1440086). The Chief Executive’s Report will be brought to Council, for your information, every six weeks.

At the meeting

The Chief Executive, Dr Rotarangi presented her first Chief Executive Report which is filled with metrics and over time would provide trends and would be produced every six weeks.

A short video was displayed providing progress on the A3 Bore that is being installed by Honnor Drillers at Awatoto to provide good clean water. Napier Bore Final v3a.mp4

Action: Officers to prepare a full schedule of signage replacement with Māori names, following the Ahuriri Māori Settlement, and report back to Council.

Council resolution

Councillors Chrystal / Tapine

That Council:

a. Receive and note the Chief Executive’s Report (Doc Id1440086) for March 2022.

Carried

5. Annual Plan 2022/23 Development: Supporting information and consultation approach

Type of Report:	Legal and Operational
Legal Reference:	Local Government Act 2002
Document ID:	1430242
Reporting Officer/s & Unit:	Adele Henderson, Director Corporate Services

1.1. Purpose of Report

This report seeks formal approval of key information underpinning the development of Annual Plan 2022/23, and confirms direction given to date on matters for public consultation. A high-level consultation document is included for endorsement.

At the meeting

The Director Corporate Services, Ms Henderson spoke to the report which provided an opportunity to review what is in the Long Term Plan and then to adjust for any not significant matters through the Annual Plan process. As noted any requirements that do require significant changes need to be addressed through the Long Term Plan amendment process.

It was noted that funding for Animal Control had been set aside for a business case for potential pound facilities at the Animal Control depot to ascertain level of service requirement at the current location.

The following questions were raised in regard to the Fees and Charges Schedule and officers would respond later in the meeting with the information.

· War Memorial/Municipal Theatre - Why are the fees for the Municipal Theatre the same as the Napier War Memorial Centre?

· Napier War Memorial Centre – wedding hireage charge - Why has this charge almost doubled year on year?

· Napier Conferences and Events - The naming convention is incorrect

· Liquor licencing charges - Why haven’t these fees changed year on year?

· Soundshell hire charges - Why are there are no charges for 22/23?

With the agreement of the meeting Item 5 would be completed later in the meeting when the information requested was available.

6. Order of Candidates' Names on Voting Documents

Type of Report:	Legal
Legal Reference:	Local Electoral Act 2001
Document ID:	1420475
Reporting Officer/s & Unit:	Helen Barbier, Team Leader Governance

6.1 Purpose of Report

To request a decision from Council on the order of candidates’ names on voting documents for the 2022 Local Government elections, as per the Local Electoral Regulations 2001.

At the meeting

The Team Leader Governance, Ms Barbier spoke to the report on the order of candidates’ names on voting documents and that a random order mitigates any bias that may occur around candidates names who come first and last in alphabetical order. The system is used nationally and ensures completely random selection from paper to paper.

Council resolution

Councillors Taylor / Price

That Council:

a. Endorse the arrangement of candidates’ names in random order on the voting documents for the 2022 local government elections.

Carried

7. Amendments to the 2022 Council/Committee Meeting Schedule

Type of Report:	Procedural
Legal Reference:	Local Government Act 2002
Document ID:	1427302
Reporting Officer/s & Unit:	Helen Barbier, Team Leader Governance

7.1 Purpose of Report

The purpose of this report is to consider amendments to the schedule of Council and Committee meetings for the 2022 Meetings Calendar, which was originally adopted by Council on 28 October 2021.

It is proposed that the meeting schedule be amended as follows:

· Council (Housing Review Hearings)	New date	Commencing 18 May 2022 – 9.00am
· Council (Tradewaste Bylaw Hearings)	New date	Commencing 22 June 2022 - 9.00am
· Council (Dog Control Bylaw Hearings)	New date	Commencing 12 July 2022 – 9.00am

At the meeting

It was noted that there may be some changes or order to the consultation hearings with the addition of consultation for the Aquatic Facility in the near future.

Council resolution

Councillors McGrath / Mawson

That Council:

a) Adopt the following amendments to the schedule of meetings for 2022 as below:

· Council (Housing Review Hearings)	New date	Commencing 18 May 2022 – 9.00am
· Council (Tradewaste Bylaw Hearing)	New Date	Commencing 22 June 2022 – 9.00am
· Council (Dog Control Bylaw Review Hearings)	New date	Commencing 12 July 2022 – 9.00am

Carried

8. 3 Waters Reform - Transiton Unit

Type of Report:	Operational
Legal Reference:	N/A
Document ID:	1438783
Reporting Officer/s & Unit:	Adele Henderson, Director Corporate Services

8.1 Purpose of Report

The purpose of this report is to approve delegation to the Chief Executive to constructively work with the National Transition Unit for Three Waters.

At the meeting

The Chief Executive, Dr Rotarangi spoke to the report which was a recognition of multiple different parts of the Three Waters Reform and would take the report as read.

There will be full transparency to ensure Council will still have visibility and input into the requests received by the Chief Executive through reports to the Sustainable Napier Committee or the Audit and Risk Committee, acknowledging the need to be involved in the National Transition work.

Council resolution

Councillors Simpson / Tapine

That Council in continuing its advocacy approach which opposes the reform, delegate to the Chief Executive to undertake necessary steps to ensure Council is reform ready and able to constructively contribute to the work of the National Transition Unit.

Carried

Councillor Boag voted AGAINST the Motion

The meeting adjourned at 2.46pm and

reconvened at 2.51pm

REPORTS / RECOMMENDATIONS FROM THE STANDING COMMITTEES

Note: The Ngā Mānukanuka o te Iwi (Māori Committee) addressed the Napier People and Places Committee reports however, due to lack of quorum the remainder of the standing committee reports were not able to be addressed by the committee.

Reports from Napier People and Places Committee held 3 February 2022

1. Napier Civil Defence Siren Network Removal

Type of Report:	Operational
Legal Reference:	N/A
Document ID:	1311200
Reporting Officer/s & Unit:	Antoinette Campbell, Director Community Services

1.1 Purpose of Report

To approve the decommissioning of Napier’s siren system and removal of the siren infrastructure.

At the meeting

The Director Community Services Ms Campbell advised that significant work had been undertaken by the Group in regard to public education and in this regard arrangements for would be made for the Hawke’s Bay Civil Defence Emergency Management Group to present to Council within the next six weekly meeting cycle.

Council resolution

Councillors Chrystal / Wright

That Council:

a) Approve the decommissioning and removal of the remaining Napier City Council-owned siren warning system infrastructure from the remaining locations, and support the Emergency Management Alert (EMA) system and continue to support the Hawke’s Bay Civil Defence Emergency Management Group education and public information campaigns.

b) Request Hawke’s Bay Civil Defence Emergency Management group provide to Council, for information, their proposed public education programme, including the frequency and outreach components.

Carried

2. Strategic Housing Review

Type of Report:	Operational
Legal Reference:	N/A
Document ID:	1412891
Reporting Officer/s & Unit:	Natasha Mackie, Manager Community Strategies

2.1 Purpose of Report

This report summarises the Strategic Housing Review findings and seeks approval to undertake a Special Consultative Procedure on the three options outlined.

At the meeting

The final Council Housing Provision - Statement of Proposal (Doc Id 1441308) and Submission Form (1439601) were circulated and tabled at the meeting.

Napier People and Places Recommendation

a. Approve Council consult on three options, being the status quo, part retain/part sell, and transfer (CHP, Regional or local community housing provider, or Kāinga Ora) options.

i. Note the removal of the open market sale, as it is not likely to achieve the affordable housing outcomes the council is looking to achieve through its housing portfolio.

b. Note that further consultation may be required dependant on the decision made following this consultation.

c. Resolve that Council approve the detailed consultation plan and consultation document.

Part c of the Napier People and Places Recommendation was amended at the meeting.

Council

resolution

Councillors Boag / Wright

That Council:

a. Approve Council consult on three options, being the status quo, part retain/part sell, and transfer (CHP, Regional or local community housing provider, or Kāinga Ora) options.

i. Note the removal of the open market sale, as it is not likely to achieve the affordable housing outcomes the council is looking to achieve through its housing portfolio.

b. Note that further consultation may be required dependant on the decision made following this consultation.

c. Approve the Council Housing Provision - Statement of Proposal (Doc Id); the High Level Consultation plan, and the submission form (Doc Id 1441308) on the Future of Council Housing Provision (which will be available at sayitnapier.nz or in paper form from the Napier City Council Customer Service Centre, Napier Library or Taradale Library.)

Carried

Attachments

1 Final Statement of Proposal (Doc Id 1445283)

2 Submission Form (Doc Id 1441308

3. Community Grants and Funding Overview

Type of Report:	Information
Legal Reference:	N/A
Document ID:	1374940
Reporting Officer/s & Unit:	Belinda McLeod, Community Funding Advisor Matt Adamson, Senior Advisor Policy

3.1 Purpose of Report

To provide an update on the activities of the Community Grants and Funding Programme.

At the meeting

There was no discussion at the meeting.

Council resolution

Councillors Chrystal / Wright

The Napier People and Places Committee:

a. Receive the report titled “Community Grants and Funding Overview”.

Carried

Following information requested being received the meeting continued with Item 5

5. Annual Plan 2022/23 Development: Supporting information and consultation approacH (contd)

Type of Report:	Legal and Operational
Legal Reference:	Local Government Act 2002
Document ID:	1430242
Reporting Officer/s & Unit:	Adele Henderson, Director Corporate Services

At the meeting (cont)

The Chief Financial Officer, Ms Thomson provided the following responses to the questions asked and advised that officers will correct the final version of the Fees and Charges document.

· War Memorial/Municipal Theatre – There was is a formatting error where the charges for the Napier War Memorial Centre are pointing to the Municipal Theatre.

· Napier Conferences and Events - The naming convention reflects the business unit and should be changed to reflect the Napier War Memorial Centre.

· Soundshell hire charges - The only fee with no charge is the hire of the stage for community events, all other commercial profit making events should be charged.

· Liquor licensing charges - Liquor licensing charges are set under the Sale and Supply Alcohol Act so Council cannot change those. Council has no discretion to alter the fees and are set under statute and have been unchanged since 2013

The Director Community Services, Ms Campbell provided the following information:

· Napier War Memorial Centre – wedding hireage charge - This fee is not displaying correctly – this charge is in line with previous years.

· Napier Conferences and Events – Charges for weddings and events have not changed over the last couple of years and it is not proposed to change them for the next year. The Schedule that is currently used for fees and charges at the War Memorial has not been translated very well into the Council Schedule of Fees and Charges. The $1300 is a flat rate for weddings that has not changed for a couple of years and that is for the Ballroom, the Small Exhibition Theatre and the Gallery for afternoons and evenings inclusive – they are not separated out.

The Director Corporate Services, Ms Henderson advised if Council “note” the changes that have been discussed a final report will be presented to Council at the 31 March 2022 meeting so it can be adopted. The underlying information required approval to enable officers to continue in the development of the Annual Plan. The documents will be presented at 31 March 2022 for adoption for consultation.

Council resolution

Mayor Wise / Dep. Mayor Brosnan

That Council:

a. Direct Officers to prepare an Annual Plan consultation document to be reported back for Council adoption on 31 March 2022.

b. Approve the underlying information and the financial information as the basis for the development of the Annual Plan consultation document 2022/23.

c. Agree the proposed rates increase for 2022/23 will be a 9.8% average increase for ratepayers, noting this is 0.6% less than the cap approved in the Long Term Plan 2021-31 (10.4%).

d. Adopt the high-level consultation plan.

e. Agree the following matters will be included in the consultation document:

i. Napier Aquatic Centre capital investment

ii. Coastal Hazards asset transfer

iii. Proposed rates increases

iv. Reserves funding any revenue shortfall from tourism activities

v. Housing

f. Agree the proposal to increase the Napier Aquatic Centre capital budget in 2022/23 be included in the Annual Plan consultation document.

i. Note the rates impact of a $4m investment in 2022/23 would be 0.3% in 2023/24.

ii. Note that the current Napier Aquatic Centre may require further investment in 2023/24, but that would be bought back to Council for consideration.

g. Agree the Coastal Hazards Transfer be included in the consultation document. There is no impact on budget for 2022/23.

i. Note targeted engagement with Whakarire Ave residents will be undertaken separately and before 31 March 2022. A letter will be sent to residents informing them of the proposal.

h. Note that the projected revenue shortfall in 2022/23 for Council’s tourism activities is $1.5m.

i. Agree that any revenue shortfall in 2022/23 for Council’s tourism activities will be funded from Council’s parking reserve, and urban growth reserve, noting the community will be updated about this approach in the consultation document.

j. Agree that the separate consultation that will be underway on the housing portfolio will be referenced in the Annual Plan consultation document.

k. Agree to the proposed capital plan for 2022/23, noting that it represents and ambitious work programme in a challenging Covid-19 climate.

l. Note that Officers are recommending some reprioritisation of capital spend over the remainder of the Long Term Plan period, which is set out in an attachment titled ‘2022/23 capital programme changes’.

m. Adopt the Fees and Charges Schedule for 2022/23 (Doc Id 1439912) subject to amendments identified at the meeting.

n. Note that there is a statutory requirement for Annual Plan 2022/23 to be adopted no later than 30 June 2022.

o. Direct Officers to begin preparing a draft Annual Plan, noting that the policy decisions reflected in the plan can be adapted up until formal adoption.

Carried

Reports from Prosperous Napier Committee held 3 February 2022

1. Taradale Bridge Club Sponsorship Signage Request

Type of Report:	Procedural
Legal Reference:	Reserves Act 1977
Document ID:	1425774
Reporting Officer/s & Unit:	Jason Tickner, Team Leader Parks Reserves and Sportsgrounds

1.1 Purpose of Report

The purpose of this report is to seek a Council decision on the Taradale Bridge Club’s proposal (Doc Id 1426570) for sponsorship/naming rights in perpetuity, on the outside of their proposed clubhouse building at Park Island in accordance with Clause 25 of the Draft lease agreement.

At the meeting:

It was noted that a Decision Of Council was ratified at the Prosperous Napier Committee meeting held on Thursday, 3 February 2022.

Council Resolution

Mayor Wise / Councillor McGrath

That Council:

a) Approve the Taradale Bridge Club’s proposal for external sponsorship/naming rights and associated signage from the Rodney Green Foundation on their proposed clubhouse building at Park Island.

Carried

2. Investment and Debt Report

Type of Report:	Operational
Legal Reference:	N/A
Document ID:	1402135
Reporting Officer/s & Unit:	Caroline Thomson, Chief Financial Officer

2.1 Purpose of Report

To consider the snapshot report on Napier City Council’s Investment and Debt as at
31 December 2021.

At the meeting

There was no discussion at the meeting.

Council resolution

Councillors Taylor / Crown

That Council:

a. Receive the snapshot report on Napier City Council’s Investment and Debt as at 31 December 2021.

Carried

3. Report on Three Waters Reform Programme

Type of Report:	Operational
Legal Reference:	N/A
Document ID:	1424057
Reporting Officer/s & Unit:	Rebecca Huckle, Three Waters Reform Programme Manager

3.1 Purpose of Report

To inform the Council on the progress of the Three Waters Reform Programme within Napier for the period October to December 2021.

At the meeting

There was no discussion at the meeting.

Council resolution

Councillors Taylor / Crown

That Council:

a. Endorse the report on the Three Waters Reform Programme.

Carried

Reports from Sustainable Napier Committee held 10 February 2022

1. Petition - Pedestrian Crossing Island, Latham Street

Type of Report:	Operational
Legal Reference:	N/A
Document ID:	1418278
Reporting Officer/s & Unit:	Sahar Pour, Transportation Engineer

1.1 Purpose of Report

The purpose of this report is to inform the Council in regard to a petition received on
13 December 2021 from Juliet Greig on behalf of residents concerned about road safety in Latham Street. The petition (Doc ID 1426565) was tabled at the Sustainable Napier Committee meeting.

At the meeting

There was no discussion at the meeting.

Council resolution

Councillors Price / Mawson

That Council:

a. Receive the report titled “Petition for a Pedestrian Crossing Island, Latham Street, Napier South”.

b. Receive the tabled petition of 52 signatories from residents.

c. Support in principle the petition which seeks additional traffic calming and pedestrian crossing subject to detailed investigation including consultation

d. Instruct Officers to communicate findings and outcomes to the Lead Petitioner and Ward Councillors.

Carried

2. Lease of Reserve - Omni Gymnastic Centre Incorporated

Type of Report:	Contractual
Legal Reference:	Reserves Act 1977
Document ID:	1424320
Reporting Officer/s & Unit:	Bryan Faulknor, Manager Property

2.1 Purpose of Report

To obtain Council approval to enter into a new ground lease with Omni Gymnastic Centre Incorporated at Onekawa Park for 15 years with one right of renewal. The proposed lease includes an additional area to accommodate a proposed extension to the existing facility.

At the meeting

There was no discussion at the meeting.

Council resolution

Councillors Price / Mawson

That Council:

a. Resolve to grant a ground lease, pursuant to Section 54 of the Reserves Act 1977, to the Omni Gymnastic Centre Incorporated for land at Onekawa Park accommodating the existing facility plus including provision for a proposed extension.

b. Resolve that the term of the lease be for 15 years with one right of renewal.

c. Note that in granting the lease Council is merely acting in its capacity as a lessor and as owner of the land. Any such approval shall not imply the consent of Council as a regulatory authority and thus the proposed building extension is subject to the Centre obtaining all required regulatory consents.

Carried

3. Report on Napier Water Supply Status End of Q2 2021-2022

Type of Report:	Operational
Legal Reference:	N/A
Document ID:	1420222
Reporting Officer/s & Unit:	Anze Lencek, Water Quality Lead

3.1 Purpose of Report

To inform the Council on the status of Napier Water Supply (NAP001) at the end of the second quarter (Q2) of 2021-2022 compliance year

At the meeting

There was no discussion at the meeting.

Council resolution

Councillors Price / Mawson

That Council:

a. Endorse the report on Napier Water Supply Status end of Q2 2021-2022.

Carried

4. Capital Programme Delivery

Type of Report:	Information
Legal Reference:	N/A
Document ID:	1425264
Reporting Officer/s & Unit:	Jon Kingsford, Director Programme Delivery

1.1 Purpose of Report

To provide Council with information on the 2021 Long Term Plan Capital Programme and initiatives underway to improve Capital Programme Delivery.

At the meeting

There was no discussion at the meeting.

Council resolution

Councillors Price / Mawson

That Council receive the report titled “Capital Programme Delivery”.

Carried

Reports from Future Napier Committee held 10 February 2022

1. Resource Consent Activity Update

Type of Report:	Enter Significance of Report
Legal Reference:	Enter Legal Reference
Document ID:	1423713
Reporting Officer/s & Unit:	Luke Johnson, Team Leader Planning and Compliance

1.1 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

Dep. Mayor Brosnan / Councillor Tapine

That Council note the resource consent activity update for period 21 October 2021 to 18 January 2022.

Carried

Reports from EXTRAORDINARY Sustainable Napier Committee held 17 February 2022

1. Napier Aquatic Centre Capital Review Programme

Type of Report:	Operational and Procedural
Legal Reference:	N/A
Document ID:	1431044
Reporting Officer/s & Unit:	Glenn Lucas, Manager Sport & Recreation

1.1 Purpose of Report

The purpose of this report is to recommend the approach to address the capital and operating investment required for the Napier Aquatic Centre.

At the meeting

It was noted that recommendations for the “Napier Aquatic Centre Capital Review Programme” had been addressed earlier the in the meeting as additional information had been provided and the Extraordinary Sustainable Napier Committee recommendations were now superceded.

2. Aquatic redevelopment: Options for consultation

Type of Report:	Operational and Procedural
Legal Reference:	N/A
Document ID:	1429954
Reporting Officer/s & Unit:	Glenn Lucas, Manager Sport & Recreation

2.1 Purpose of Report

The purpose of this report is to recommend to Council the next steps for the new aquatic facility development process.

At the meeting

It was noted that recommendations for the “Aquatic Redevelopment: Options for Consultation” had been addressed earlier the in the meeting as additional information had been provided and the Extraordinary Sustainable Napier Committee recommendations were now superceded.

Reports from Ngā Mānukanuka o te Iwi (Māori Committee) held 25 February 2022

1. NCC Trade Waste and Wastewater Drainage Bylaw Renewal

Type of Report:	Operational
Legal Reference:	Local Government Act 2002
Document ID:	1381795
Reporting Officer/s & Unit:	Caitlin Egan, Environmental Compliance Officer

1.1 Purpose of Report

The purpose of this document is seek approval to renew and consolidate the Wastewater Drainage and Trade Waste Bylaws.

At the meeting

There was no discussion at the meeting.

Council resolution

Councillors Price / Boag

That Council:

a. Receive this update on the proposed Trade Waste and Wastewater Bylaw renewal;

b. Note that Officers are recommending the consolidation of the Wastewater Drainage and Trade Waste Bylaws;

c. Note that Officers are recommending a timeline for the Wastewater Drainage and Trade Waste Bylaw review; and

d. Support Napier City Council to conduct consultation with, and receive input from, mana whenua to inform the Consultation Plan and Statement of Proposal.

Carried

Reports Under Delegated Authority

1. Tenders Let

Type of Report:	Information
Legal Reference:	Enter Legal Reference
Document ID:	1422640
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 8 November 2021 –
17 February 2022.

Council resolution

Councillors Wright / Tapine

That Council receive the Tenders Let for the period 8 November 2021 – 17 February 2022.

Carried

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. Rephasing of Funding for Land 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.
2. Council Projects Fund - Applications	7(2)(a) Protect the privacy of natural persons, including that of a deceased person	48(1)A That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist: (i) Where the local authority is named or specified in Schedule 1 of this Act, under Section 6 or 7 (except 7(2)(f)(i)) of the Local Government Official Information and Meetings Act 1987.
3. Chief Executive Key Performance Indicators - LIMITED DISTRIBUTION	7(2)(a) Protect the privacy of natural persons, including that of a deceased person 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 Sustainable Napier Committee held 10 February 2022
1. Whakarire Revetment Project Update	7(2)(b)(ii) Protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information	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.