Description: COAT-ARM Hastings District Council

 

Civic Administration Building

Lyndon Road East, Hastings

Phone:  (06) 871 5000

Fax:  (06) 871 5100

WWW.hastingsdc.govt.nz

 

 

 

 

Open

 

A G E N D A

 

 

Council MEETING

 

 

 

Meeting Date:

Thursday, 25 October 2018

Time:

1.00pm

Venue:

Council Chamber

Ground Floor

Civic Administration Building

Lyndon Road East

Hastings

 

Council Members

Chair: Mayor Hazlehurst

Councillors Barber, Dixon, Harvey, Heaps, Kerr, Lawson, Lyons, Nixon, O’Keefe, Poulain, Redstone, Schollum, Travers and Watkins

 

Officer Responsible

Acting Chief Executive – Mr N Taylor

Council Secretary

Mrs  C Hunt (Extn 5634)

 


TRIM File No. CG-14-1-01006

 

 

HASTINGS DISTRICT COUNCIL

 

COUNCIL MEETING

 

Thursday, 25 October 2018

 

VENUE:

Council Chamber

Ground Floor

Civic Administration Building

Lyndon Road East

Hastings

TIME:

1.00pm

 

A G E N D A

 

 

 

1.         Prayer

2.         Apologies & Leave of Absence

At the close of the agenda no apologies had been received.

At the close of the agenda no requests for leave of absence had been received.

3.         Seal Register

4.         Conflict of Interest

Members need to be vigilant to stand aside from decision-making when a conflict arises between their role as a Member of the Council and any private or other external interest they might have.  This note is provided as a reminder to Members to scan the agenda and assess their own private interests and identify where they may have a pecuniary or other conflict of interest, or where there may be perceptions of conflict of interest. 

If a Member feels they do have a conflict of interest, they should publicly declare that at the start of the relevant item of business and withdraw from participating in the meeting.  If a Member thinks they may have a conflict of interest, they can seek advice from the General Counsel or the Democratic Support Manager (preferably before the meeting). 

It is noted that while Members can seek advice and discuss these matters, the final decision as to whether a conflict exists rests with the member.

5.         Confirmation of Minutes

Minutes of the Council Meeting held Thursday 27 September 2018, including minutes while the public were excluded.

(Previously circulated)

6.         Tongan Hawke's Bay Community and Council's donation to the victims of Cyclone Gita                                                                                                                 5

7.         Presentation by Hastings Girls' High School student - Hayley Cameron    7

8.         Adoption of the Annual Report and Summary 2017/18                                    9

9.         Monthly Financial Summary for Council                                                            13

10.       Hawkes Bay Museums Trust Funding                                                               23

11.       Licence to Occupy a portion of Tanner Street Reserve - request to uplift report lying on the table and consideration of additional information.                   29

12.       Arataki Reserve Purchase - Request to Uplift Report and consideration of additional information                                                                                             45

13.       Future cemetery development                                                                              63

14.       Section 10A Annual Report Dog Control                                                           79

15.       Requests Received under the Local Government Official Information and Meetings Act (LGOIMA) Monthly Update                                                            87

16.       Amendment to Standing Orders to enable Remote Participation in Meetings                                                                                                                                       91

17.       Opera House and Precinct Update                                                                      97

18.       Summary of Recommendations of the Omaranui Refuse Landfill Joint Committee meeting held 5 October 2018                                                         101

19.       Updated 2018 Meeting Schedule Changes                                                     127

20.       Additional Business Items

21.       Extraordinary Business Items 

 

 

     


File Ref: 18/846

 

 

REPORT TO:               Council

MEETING DATE:        Thursday 25 October 2018

FROM:                           Project Advisor

Annette Hilton

SUBJECT:                    Tongan Hawke's Bay Community and Council's donation to the victims of Cyclone Gita          

 

 

1.0       SUMMARY

1.1       The purpose of this report is to inform Council on the outcome of the Tongan Hawke’s Bay Community’s $10,000 Mayoral Fund grant to arrange a shipping container of aid for the victims of Cyclone Gita in Tonga.

1.2       This report had originally been scheduled for 30 August 2018, but was deferred due to a presenter being unwell.

2.0       BACKGROUND

2.1       On 22 March 2018, Council approved a grant of $10,000 to assist the Tongan Hawke’s Bay Community Governance Committee with the cost of shipping supplies to Tonga, to assist the victims of Cyclone Gita.

2.2       Tonga was ravaged by the category four storm on 12 February 2018 with winds of up to 278 kilometres an hour.  The storm ripped roofs off homes, caused widespread flooding, electricity outages and water shortages.

2.3       Hastings District has a significant Tongan community, many of whom have family and friends in Tonga who needed immediate help with basic supplies to sustain them during their recovery.  This community was keen to assist affected residents in their homeland.

2.4       A grant went towards the cost of shipping a 40ft container, filled with just over $10,000 worth of food, clothing, water and hygiene supplies which arrived in Tonga on 22 May 2018.

2.5       Hawke’s Bay Tongan Community President Tevita Faka'osi and Vice-President Loami Tu'akalau travelled to Tonga in June to help unpack and distribute the aid to the community.  They have come to Council to talk about their aid mission.

 

3.0       RECOMMENDATIONS AND REASONS

A)        That the report of the Project Advisor titled Tongan Hawke's Bay Community and Council's donation to the victims of Cyclone Gita  dated 25/10/2018 be received.

 

Attachments:

There are no attachments for this report.

 


File Ref: 18/876

 

 

REPORT TO:               Council

MEETING DATE:        Thursday 25 October 2018

FROM:                           Project Advisor

Annette Hilton

SUBJECT:                    Presentation by Hastings Girls' High School student - Hayley Cameron        

 

 

1.0       SUMMARY

The purpose of this report is to update the Council on Hastings Girls’ High School student Hayley Cameron’s recent trip to Canada for the Canoe Polo World Championship.

2.0       BACKGROUND

2.1       Miss Cameron was awarded $250.00 from the Mayoral fund to assist with travel costs to represent New Zealand as a member of the Under-21 women’s team at the Canoe Polo World Championship held in Welland, Canada from 31 July to 5 August 2018.

2.2       She arrived home with a bronze medal.

2.3       Hayley Cameron has come to Council to talk about her trip.

 

3.0       RECOMMENDATIONS AND REASONS

A)        That the report of the Project Advisor titled Presentation by Hastings Girls' High School student - Hayley Cameron dated 25/10/2018 be received.

 

Attachments:

There are no attachments for this report.

 

 


File Ref: 18/1011

 

 

REPORT TO:               Council

MEETING DATE:        Thursday 25 October 2018

FROM:                           Financial Controller

Aaron Wilson

SUBJECT:                    Adoption of the Annual Report and Summary 2017/18        

 

 

1.0       SUMMARY

1.1      The purpose of this report is to obtain a decision from the Council on the adoption of the 2017/18 Annual Report and 2017/18 Summary Annual Report.

1.2      The Council is required to give effect to the purpose of local government as prescribed by Section 10 of the Local Government Act 2002. That purpose is to meet the current and future needs of communities for good quality local infrastructure, local public services, and performance of regulatory functions in a way that is most cost–effective for households and businesses. Good quality means infrastructure, services and performance that are efficient and effective and appropriate to present and anticipated future circumstances.

1.3      This report enables Council to meet the legislative requirements of the Local Government Act 2002.

1.4      This report concludes by recommending that the 2017/18 Annual Report and 2017/18 Summary Annual Report be adopted.

2.0       BACKGROUND

2.1      Council is required, by section 98 of the Local Government Act 2002, to adopt the Annual Report within four months of the end of the financial year (by 31 October).

2.2      Council is also required to produce an Annual Report Summary that must represent fairly and consistently, the information regarding the major matters dealt with in the Annual Report.

2.3      The reports must comply with generally accepted accounting practice as determined by various financial reporting standards. A number of other statutory requirements must also be met.

2.4      An interim report on the end year rating result was presented to the Finance & Risk Committee on 11 September 2018.  This report focused on the result against budget and the rating surplus for the year, the proposed rating surplus changed through the audit process by $46,311 to a surplus of $896,402 and was allocated by the Finance and Risk Committee as follows:

 

 

 

TOTAL

Rating Area 1

Rating Area 2

2017/18 Rating surplus allocation

A&P Society

25,000

21,852

3,148

Rating Area 1 Debt Repayment (Stormwater)

456,107

456,107

-

Rating Area Two Flood Reserve

415,295

-

415,295

Total Allocation

896,402

477,959

418,443

 

 

 

 

 

2.5      In addition to the Rating surplus there was also a surplus from Hastings District Council’s share of the Landfill surplus of: $2,260,613 and was allocated as follows:

 

TOTAL

Rating Area 1

Rating Area 2

2017/18 Landfill Surplus allocation

RA1 Water Supply Targeted Rate Account

1,090,659

1,090,659

-

RA1 Debt Repayment

885,342

885,342

-

RA2 Flood Reserve

284,612

-

284,612

Landfill Surplus Allocation

2,260,613

1,976,001

284,612

Rating Surplus Allocation

896,402

477,959

418,443

Total Allocation of Surplus's

3,157,015

2,453,960

703,055

2.6      The interim report also included an interim Hastings District Council accounting surplus before gains and losses on revaluations from the Statement of Financial Performance of $14.215m. As advised in the interim report this reported result was at the time unaudited.

3.0       CURRENT SITUATION

3.1      The year-end accounting result has changed due to an increase in vested assets for Roading of $2.4m along with some other operational adjustments and is now reported as $16.607m.

3.2      The 2017/18 Summary Annual Report (Attachment 1) will be circulated under separate cover to this report.

3.3      The 2017/18 Annual Report will be circulated as Attachment 2 under separate cover. At the time of preparing this report the Annual Report was in the final stages of review with Audit NZ. If any further changes are required they are expected to be minor and will be made available at the Council meeting.

 

4.0       RECOMMENDATIONS AND REASONS

A)        That the report of the Financial Controller titled Adoption of the Annual Report and Summary 2017/18 dated 25/10/2018 be received.

B)        That the 2017/18 Annual Report be adopted with any inconsequential amendments made at the meeting and any necessary drafting corrections delegated to the Chief Executive.

C)        That the 2017/18 Summary Annual Report be adopted with any inconsequential amendments made at the meeting and any necessary drafting corrections delegated to the Chief Executive.

 

Attachments:

 

1

2017/18 Annual Report

 

Circulated separately

2

2017/18 Annual Report Summary

 

Circulated separately

  


File Ref: 18/1010

 

 

REPORT TO:               Council

MEETING DATE:        Thursday 25 October 2018

FROM:                           Chief Financial Officer

Bruce Allan

SUBJECT:                    Monthly Financial Summary for Council        

 

 

1.0       INTRODUCTION

1.1       Council has previously received financial and major project information on a quarterly basis through quarterly reports to the Finance and Monitoring and Works and Services Committees. It has been raised recently that this frequency of reporting is too infrequent and a more regular reporting regime should be established. This has been raised by the Mayor and a number of Councillors and through the Risk and Audit Subcommittee.

1.2       Attached as Attachment 1 is the start of an evolving reporting template that will provide Council a more transparent and strategic overview of Councils finances, key programmes of work and their associated risks.

1.3       The new report will provide Council with a direct link back to the Long Term Plan. The strategic framework of the 2018-28 Long Term Plan has 6 broad areas of focus and this new report is designed to link back to those 6 areas of focus which are:

1.   Our Environment

2.   Moving Around

3.   Our Economy

4.   Where we Live

5.   Things to Do

6.   Our People

 


1.4       The one page report on each area of focus concentrates on a programme of work rather than individual projects with each graph focussing on the current year expenditure. Included in the right hand column will be the opportunity to provide some high level commentary including what significant projects or programmes of work are outside of the current financial year and any areas of concern that need to be raised for Council.

1.5       Given it is a monthly update to Council, Officers are mindful that this report should be pitched at a suitably high level, be easily and efficiently created and most importantly be meaningful for the readers. It is not expected that this report will replaced the more detailed quarterly financial report.

 

2.0       RECOMMENDATION

           

            That the report of the Chief Financial Officer titled “Financial Summary for Council” dated 25 October 2018 be received.

 

 

Attachments:

 

1

Financial Summary - 30 September 2018

FIN-09-3-18-297

 

 

 

 


Financial Summary - 30 September 2018

Attachment 1

 

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File Ref: 18/997

 

 

REPORT TO:               Council

MEETING DATE:        Thursday 25 October 2018

FROM:                           Chief Financial Officer

Bruce Allan

SUBJECT:                    Hawkes Bay Museums Trust Funding        

 

 

1.0       SUMMARY

1.1       The purpose of this report is to obtain a decision from the Council on increasing the funding allocation to the Hawke’s Bay Museums Trust (HBMT) in line with their 2018/19 Statement of Intent.

1.2       This request for increased funding arises from a review undertaken by the Napier City Council of costs being incurred to deliver the Management Agreement currently in place and the inclusion of an increased funding requirement in the HBMT 2018-20 Statement of Intent.

1.3       The Council is required to give effect to the purpose of local government as prescribed by Section 10 of the Local Government Act 2002. That purpose is to meet the current and future needs of communities for good quality local infrastructure, local public services, and performance of regulatory functions in a way that is most cost–effective for households and businesses. Good quality means infrastructure, services and performance that are efficient and effective and appropriate to present and anticipated future circumstances.

1.4       The objective of this decision relevant to the purpose of Local Government is is to enable the HBMT to manage the Regional Collection on behalf of the Hawke’s Bay Community and in so doing, provides a good quality local public service that is cost efficient, effective and appropriate for the Region.

1.5       This report concludes by recommending that the funding for the HBMT be increased by $132,000 to $598,000 to enable the HBMT to meet all of its contracted costs and that this increase be treated as unbudgeted expenditure in 2018/19.

2.0       BACKGROUND

2.1       The Hawke’s Bay Museums Trust (HBMT) is a Council Controlled Organisation with 3 of the 5 Trustees appointed by Napier City Council (NCC) and Hastings District Council (HDC) and with the bulk of its funding provided jointly by those Councils.  The HBMT Board is responsible for a management agreement between the HBMT and the NCC with the management agreement providing for the operations of the Museum, Art Gallery and associated activities which are operated by the NCC.

HBMT has 4 main goals:

1.    To protect the regional collection

2.    To maintain and enhance the quality of the collection

3.    To maximise access to the collection

4.    To further develop the collection

 

2.2       The HBMT (Incorporated) is registered as a charitable entity under the Charities Act 2005.

2.3       The Board is constituted to have five members appointed as follows:

§ One appointed by Napier City Council

§ One appointed by Hastings District Council

§ One appointed by the Hawke’s Bay Museums Foundation Charitable Trust

§ One appointed by Ngati Kahungunu Iwi (Incorporated)

§ The Chairperson who shall be appointed by Napier City Council and Hastings District Council jointly.

 

2.4       In March 2018 the HBMT presented their draft 2018-2020 Statement of Intent to Council. Council resolved at that time:

That the Hawke’s Bay Museums Trust Draft 2018/20 Statement of Intent be received and Council notes its concerns over the increase in management fees provided for.

That Council request an independent review of the management support and collection stewardship arrangements for the Hawke’s Bay Museum Trust be undertaken, prior to any consideration of an increase in the Council’s contribution to the Hawke’s Bay Museum Trust.

2.5       The level of funding included in the 2018-28 Long Term Plan for the HBMT was therefore left at previous funding levels. This budgeted level of funding has subsequently left the HBMT with a financial shortfall as NCC has invoiced HBMT the full value of their management fees as detailed in the adopted HBMT SOI.

2.6       The following diagram outlines the current arrangements and highlights the current funding disparity:

 

3.0       CURRENT SITUATION

3.1       A joint HDC and NCC review of the HBMT arrangements has been undertaken by Mr Adam Feeley of Rationale Consulting and has been presented to the respective councils in an informal workshop setting.

3.2       The review was conducted with the following review objectives:

·    Funding: are costs transparent, efficiently and reasonably allocated and accounted for?

·    Service performance: are service standards being met and are they cost-efficient?

·    Do the service levels represent good value for money?

·    Could Hawkes Bay residents get better access to the collection?

·    Are the financial and non-financial measures appropriate?

·    Are there alternative or additional funding sources?

3.3       The Feeley report has made a number of recommendations and has highlighted the need for the two Council’s to look for different governance and management arrangements.

3.4       At a Council workshop on 2 October 2018, Council suggested the creation of a Joint Working Group be established to work through the recommendations made in the Feeley report and that the Joint Working Group consist of the respective Mayors and Chief Executives of the Hastings District and Napier City Councils along with the Chair of HBMT and one or two senior managers from each Council. The establishment of a Joint Working Group reinforces the importance that is placed on this regional collection by both Council’s and the community.

4.0       OPTIONS

4.1       Option 1 – resolve to increase the level of funding to $598,000 and for this increase of $132,000 to be treated as unbudgeted expenditure in 2018/19.

4.2       Option 2 – resolve to keep the level of funding at levels budgeted in the Long Term Plan until such time as Council is fully satisfied that the apportionment of costs from NCC is fair and reasonable.

5.0       SIGNIFICANCE AND ENGAGEMENT

5.1       While this request is for unbudgeted expenditure and the value of this increase is not considered significant in terms of Council’s Significance and Engagement Policy it should be acknowledged that the Hawkes Bay Regional Collection is considered a significant asset for the region.

6.0       ASSESSMENT OF OPTIONS (INCLUDING FINANCIAL IMPLICATIONS)

6.1       If Council considers the Regional Collection to be of strategic importance then it is appropriate that the collection be cared for appropriately. NCC has determined that the true costs of caring for the collection is $1.18m with HDC’s share of that being $598,000. While this increase is significant on previous years, NCC officers have advised they believe that this is a fairer allocation of costs than what has been previously undertaken.

6.2       While the allocation of costs seems fair and reasonable based on the existing management and governance arrangements, further work is required to establish if the current arrangements are the most cost effective and efficient.

6.3       It is expected that the Joint Working Group will develop a more robust framework for the HBMT to operate within that will inform the 2019-21 Statement of Intent and the funding requirements for future years can be considered through the respective Council’s Annual Plans.

6.4       There is currently no budget available for this increase in funding to the HBMT. The 2017/18 rating surplus was allocated to repay debt in Rating Area 1 and contribute to the Rating Area 2 Flood Reserve and is therefore not available for this purpose. The only real option for Council is for this increase in funding to be treated as an unbudgeted expense.

6.5       The option of not increasing the funding to HBMT is not considered a suitable option. NCC have assessed the cost of managing the Regional Collection in line with the Management Agreement in place and this has been included in the adopted 2018-20 Statement of Intent. Officers have reviewed the cost allocations and they appear to be appropriate under the current management arrangements.

7.0       PREFERRED OPTION AND REASONS

7.1       The preferred option is for Council to approve the increase in funding to the HBMT. NCC have assessed the cost of managing the Regional Collection on behalf of the Trust at $1.181m and this was subsequently included in the adopted 2018-20 Statement of Intent. This amount is now being invoiced to HBMT and with the current payments from HDC, HBMT have a financial shortfall which is putting them under financial pressure.

8.0       RECOMMENDATIONS AND REASONS

A)        That the report of the Chief Financial Officer titled Hawkes Bay Museums Trust Funding dated 25/10/2018 be received.

B)        That Council increase the funding to the Hawkes Bay Museums Trust in 2018/19 to $598,000 in line with the funding requirements set out in the Hawkes Bay Museums Trust 2018-20 Statement of Intent.

C)        That the additional funding provided to the Hawkes Bay Museums Trust of $132,000 be treated as unbudgeted expenditure in 2018/19.

D)        That Council participate in the establishment of a Joint Working Group between Hastings District and Napier City Council’s to look at alternative governance and management arrangements with the Terms of Reference of the Joint Working Group to be agreed by the representatives appointed.

With the reasons for this decision being that the objective of the decision will contribute to meeting the current and future needs of communities for local public services in a way that is most cost-effective for households and business by:

i)          Meeting the financial requirements of HBMT to ensure the Regional Collection is cared for in the most appropriate way.

 

 

Attachments:

There are no attachments for this report.

 

 


File Ref: 18/1033

 

 

REPORT TO:               Council

MEETING DATE:        Thursday 25 October 2018

FROM:                           Parks and Property Services Manager

Colin Hosford

SUBJECT:                    Licence to Occupy a portion of Tanner Street Reserve - request to uplift report lying on the table and consideration of additional information.        

 

 

1.0       SUMMARY

1.1       This report advises Councillors on procedural matters in relation the report left lying on the table at the 27 September 2018 Council meeting, relating to a request of the owners of 28a Tauroa Road for a Licence to Occupy a portion of the Tanner Street Reserve.  See attachment 1

1.2       This report updates Councillors on requests for additional information in regard to issues surrounding the request to construct retaining walls in the reserve.

1.3       This report concludes by recommending that the report on the request to occupy a portion of the Tanner Street Reserve now be uplifted and further addressed at the 25 October 2018 Council meeting.

2.0       BACKGROUND

2.1       At its meeting of 27 September, Council considered the request of the owners of 28a Tauroa Road for a licence to occupy a portion of the Tanner Street reserve.  (Attachment 1).

2.2       Councillors requested officers to undertake additional investigations with regard to the request.  These included;

·    Ensuring the owners understood that a Licence to Occupy would be personal to them and is not transferable as of right.

·    Ensuring the owners understand the land remains in Council ownership and public could access the area of encroachment. 

·    Report back on the estimated costs for retaining wall options.

·    Assessment of precedent implications

·    Term requirement for a Licence to Occupy

3.0       ADDITIONAL INFORMATION REQUEST

3.1       Licence to Occupy Issues

3.2       Officers have advised the Shadbolts that should a licence to occupy be granted, it is personal to them and not the property.  They are also aware that if they sold the property, any new owner would similarly need to apply to Council to have the licence transferred.  Officers believe that assuming there are no material changes to the circumstances, Council would likely approve a new licence.

3.3       Officers have also advised the Shadbolts that the proposed licence to occupy does not give them exclusive rights to the land.  They understand that the land remains in Council ownership and public could legally access it.  Due to the topography and location, such a situation is deemed unlikely. 

3.4       Estimated Costs

3.5       The request for a licence to occupy portion of the Tanner Street Reserve is to enable the building of two lower height (1.4metre) retaining walls.  As the walls are of a smaller scale and could be built without a building consent, they are the cheapest option.  The estimated cost to erect the two 1.4metre high retaining walls is $50,000.

3.6       Conversely, the estimated cost to construct a fully compliant wall of between 2.4 - 3.0 metres height, located on the Shadbolts’ site, is $94,000. 

3.7       As discussed in the main report, the preference of the applicants’ is to build the cheaper option, albeit partially located on the Tanner Street Reserve.

3.8       Precedent Implications

3.9       Typically Council does not encourage the building of private assets on reserves.  In recent years there have been issues with some illegal encroachments where they impact on the public’s enjoyment or access to the reserve itself.   Despite this it is noted that there are other encroachments on reserves and they affect the use of the reserve to varying degrees. 

3.10    The aim of this request is largely to legitimise an existing historical encroachment onto the Tanner Street Reserve.   There are other minor encroachments nearby and realistically this request is probably no worse than others in the local area. 

3.11    The main difference is that these owners seek to safely retain their sloping section and to do it legitimately, they need to a Licence to Occupy.  Thus, the issue now raised is will Council in the granting of this licence, create a precedent that will hamstring it in carrying out its duties in the future. 

3.12    The encroachment exists and the granting of the requested Licence to Occupy will not worsen the current situation.  The reserve is a low level plantation reserve that offers little recreation value at the boundaries where the odd encroachment occurs.  It is unlikely that this proposed structure will draw any adverse attention as few, if any would venture near this boundary.  Certainly by removing the current “wall,” an improved safety outcome would be achieved.  

3.13    Officers doubt that in granting this licence a flood of similar applications would occur.  The existing circumstances have drawn little comment apart from an historical request that raised issue over building safety, not the presence of the wall. 

3.14    Council will receive similar requests in the future however they can be dealt with on a case by case basis.  This is a low level intrusion on a low level reserve.  By granting consent in this particular instance, it is unlikely to put Council in a precarious position over other encroachments.  If requests were of a similar minimal effect, officers would treat them on a fair level basis.  However if they had impacts that materially impacted on the values of the reserve, Council could also quite fairly not approve such a request.

3.15    Term requirement for a Licence to Occupy

3.16    Officers were asked to advise on the time period that a licence could be granted for.  The maximum period for a licence to occupy is 33 years.  There is little guidance on what an appropriate term for such a licence might be and as such, Council needs to consider what would be fair and reasonable. 

3.17    As the proposed walls will cost a considerable amount and are designed for longevity, it would seem reasonable to allow a term that reflects the level of investment and gives certainty over a medium to longer term.  On this basis officers recommend that if a licence was to be granted, a period of say fifteen years would seem appropriate, as it allows a level of certainty while also signalling that ultimately, the land is publicly owned.

4.0       ADDITIONAL RECOMMENDATIONS

4.1       As a result of the matters coming to light in the Council meeting and the subsequent additional information, officers recommended that should Council agree to the Licence to Occupy, that the term of the licence shall be seven years.  In addition, officers have augmented the reasons for the decision to reference that the circumstances surrounding this particular request are unlikely to constitute a precedent for any other encroachment decisions. 

4.2       The amended recommendation to this affect (Attachment 2).

 

5.0       RECOMMENDATIONS AND REASONS

A)  That the report of the Parks and Property Services Manager titled Licence to Occupy a portion of Tanner Street Reserve - request to uplift report lying on the table and consideration of additional information. dated 25/10/2018 be received.

B)  That the item “Request to occupy a portion of Tanner Street Reserve” –  that was left to lie on the table at the 27 September 2018 Council Meeting now be uplifted and further addressed.

 

 

Attachments:

 

1

27 September 2018 report lying on the table

CG-14-1-01008

 

2

Additional recommendations Tanner Street

CG-14-1-01007

 

 

 

 


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27 September 2018 report lying on the table

Attachment 1

 

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Additional recommendations Tanner Street

Attachment 2

 

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File Ref: 18/1018

 

 

REPORT TO:               Council

MEETING DATE:        Thursday 25 October 2018

FROM:                           Parks and Property Services Manager

Colin Hosford

SUBJECT:                    Arataki Reserve Purchase - Request to Uplift Report and consideration of additional information         

 

 

1.0       SUMMARY

1.1       This report advises Councillors on procedural matters in relation the report left lying on the table at the 27 September 2018 Council meeting, relating to a request to purchase a link reserve in the Arataki residential development area.  See Attachment 1.

1.2       The report updates Councillors on requests for additional information in regard to the proposal and negotiations with the developers in regard to the purchase price.

1.3       This report concludes by recommending that the report on the proposed purchase of a link reserve at Arataki now be uplifted and further addressed at the 25th October Council meeting.

2.0       BACKGROUND

2.1       At its meeting of 27 September 2018, Council considered the proposal to purchase a 790m2 property at Arataki Road from Greenstone Land Developments.

2.2       Councillors requested officers to undertake additional investigations with regard to the proposal.  These included;

·    Request developer to consider selling a reduced area consideration of making a contribution to reduce the cost of purchase by Council.

·    Value for money comparisons

·    Consider whether there are other easement options could be used to create an alternative accessway

·    Typical walking distances

·    District Plan rule issues

·    Reserve vesting policy

3.0       ADDITIONAL INFORMATION

3.1       Reduced purchase area and developer contribution

3.2       Officers asked the developers to consider re-drawing the subdivision to enable Council to purchase a reduced area at a reduced cost. The developers have agreed to this and have returned to Council with an amended proposal. See Attachment 2.

3.3       The proposal now before Council is to now purchase 415m2 (more or less) of link reserve at a purchase price of $187,000 (excl gst).   

3.4       In addition, the new lot 21 (see Attachment 2) contains an 80m2, notated as “Area B” which could also be potentially sold to the future owners of adjoining lot 20, to further reduce the purchase price.   Due to the narrow triangular nature of Area B, officers believe the sale price of this surplus land is unlikely to substantial.  For the purposes of the current discussion on whether to purchase or not, this potential sale is not particularly material to Council’s current decision making.

3.5       The developer has however noted Council’s desire to reduce the cost to the ratepayer and has agreed to connect Council to the prospective buyer of adjoining lot 20, so that Council can offer the sale of unnecessary land (80m2) and obtain some funding to help offset the initial purchase.  Officers can only guess as to what value the surplus triangle might be, as it will depend on the wishes of the new owner to extend their own section size or not.

3.6       The new purchase price also takes into consideration the developers reducing the asking price by $9672 as a gesture of community spirit and public good.  As a result of the recent negotiations, the area of land required to be purchased has been reduced in area from 790m2 to 415m2 and the price reduced from the original $302,000 to $187,000. 

3.7       As a result of the price reduction, if Council wishes to purchase the site, the funding streams required to develop the site and service reported on can now be amended to reflect the reduced cost to purchase.  They are as follows;

Item

Cost 2018/19

Cost 2019/20

2020+

Annual Maintenance

$         200

$       350

$      350

Interest and debt repayment

$      8,000

$  16,080

$ 16,080

Totals

$      8,200

$  16,430

$ 16,430

 

 

 

 

 

3.8       The above table assumes a maximum purchase price of $187,000 ex gst and an additional $14,000 for park development.  While the costs in the current year would be unbudgeted items, the costs in the following years will need to be included in the LTP as new costs.

3.9       Value for money comparisons

3.10    Officers have sought comparable land valuations to help Council consider the relative value for money of the purchase.  While the original report identified that reserve deficit areas such as Raureka and Akina, might better benefit from reserve investment, recent property sale data shows that purchases are inflated, due to sites containing dwellings.  This makes it difficult to fairly compare Hastings urban land values with bare land in Havelock North. 

3.11    Only one bare section has recently been sold in Raureka and the 726m2 site sold for $215,000.   Across Raureka the average sale price for house and section is $290,000, while Akina properties are selling at an average price of $370,000.

3.12    While anecdotal evidence points to rising land values, especially in Havelock North, this proposal does seem to be priced at the high end.    It would appear that vacant Hastings sections are obtaining around $300m2 while the asking price for this lot particular equates to $450m2.

3.13    Other connection options

3.14    The affected subdivision requires a drainage reserve to be vested to Council.  This reserve is required to service the 3Waters requirements of the development.

3.15    This reserve could theoretically be used as a linkage but as it does not continue through to Whakatomo Place, it is currently a dead end.  To complete the linkage Council would need to purchase land off the owner of 23 Whakatomo Place.  Officers have attempted to contact the owner, but he is currently in England and will not return until December. 

3.16    Due to the location of the existing dwelling, only a three metre strip could realistically be obtained, assuming the owner was willing to sell.  While this would provide an alternative walking route, it would still require pedestrians to walk some 300 metres to get to the other Whakatomo connector reserve.   It is probably only a marginal improvement on walking the full distance via the new road. 

3.17    It is noted that it is likely that any purchase will be for a narrow accessway.  Council typically requests 5-10 metre walkways so this option may prove to be problematic in the future.

3.18    In addition, as Council does not know whether the owner might be a willing seller and what a strip portion might cost.  At best one could speculate that it may offer a link to be potentially negotiated in the future.  On this basis, this is probably not a viable option for Council at this time.

3.19    Officers also noted that the new proposal before Council has a relatively narrow walkway with a 5 metre wide throat on the cul-de-sac opening out to 14 metres where it connects with the other reserves.  In an ideal world such a narrow walkway would be avoided when purchasing connector reserves.

3.20    Typical walking distances

3.21    Councillors also debated issues around typical walking distances in residential areas.  Attachment 3 shows a variety of 500 metres walking paths in the Arataki area.  These show that while the subject subdivision requires a 500 metre walk to the nearby connector, it is not uncommon for other streets in Arataki to require similar walking distances.

3.22    District Plan Rules issues

3.23    Councillors also raised issues around District Plan rules and whether or not creating a smaller lot would render the subdivision non-complying.  The suggested reduced reserve area will in fact improve the average lot size attained over development.  As such the requested smaller reserve area will have no adverse impact on District Plan subdivision requirements.

3.24    Reserve vesting policy

3.25    As discussed in the earlier report, Council typically funds reserves in new development areas via reserves contributions.  This process requires the identifying of where reserves might best be located and including funding streams in the LTP.  As development occurs the contributions are collected to fund the purchases off the developers.

3.26    This process seeks to create an affordable balance between land acquisition and affordability.   Officers are wary of driving the cost of development upwards and stymying development. 

3.27    In addition, without employing more prescriptive structure planning, it is difficult to shape subdivisions where there are multiple developers involved.  

3.28    If Council wants more linkage reserves, officers can include additional funds in the LTP but in doing so development contributions must rise to fund the purchases. 

4.0       ADDITIONAL RECOMMENDATIONS

4.1       As a result of the additional information now before Council, officers have amended the original recommendations, to reflect the changes in circumstances.

4.2       The new recommendations are only pertinent should Council resolve to purchase the section as a connector reserve.  The amended recommendation is attached for Council’s consideration.  See Attachment 4

5.0       RECOMMENDATIONS AND REASONS

A)        That the report of the Parks and Property Services Manager titled Arataki Reserve Purchase - Request to Uplift Report and consideration of additional information dated 25/10/2018 be received.

B)     That the item “Proposed Arataki Link Road Reserve –Request to Purchase” – that was left to lie on the table at the 27 September 2018 Council Meeting, now be uplifted and further addressed.

 

 

Attachments:

 

1

Report presented at Council meeting 27 September 2018

CG-14-1-01005

2

Greenstone Development Scheme Plan

CG-14-1-01013

3

Walking lengths for Arataki link - Council 25 October 2018

CG-14-1-01012

4

Additional Recommendations - Arataki Link Reserve

CG-14-1-01004

 

 

 


Report presented at Council meeting 27 September 2018

Attachment 1

 

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Greenstone Development Scheme Plan

Attachment 2

 

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Walking lengths for Arataki link - Council 25 October 2018

Attachment 3

 

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Additional Recommendations - Arataki Link Reserve

Attachment 4

 

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File Ref: 18/957

 

 

REPORT TO:               Council

MEETING DATE:        Thursday 25 October 2018

FROM:                           Cemetery Manager

Isak Bester

SUBJECT:                    Future cemetery development        

 

 

1.0       SUMMARY

1.1       The purpose of this report is to obtain a decision from Council on the development of Mangaroa cemetery as the preferred site for future cemetery operations for Hastings District Council.

 

1.2       This request arises from the fact that three of Council’s four cemeteries are rapidly approaching capacity and future cemetery development is becoming a critical priority to address.

 

1.3       The Council is required to give effect to the purpose of local government as prescribed by Section 10 of the Local Government Act 2002. That purpose is to meet the current and future needs of communities for good quality local infrastructure, local public services, and performance of regulatory functions in a way that is most cost–effective for households and businesses. Good quality means infrastructure, services and performance that are efficient and effective and appropriate to present and anticipated future circumstances.

 

1.4       The objective of this decision relevant to the purpose of Local Government is local infrastructure which contributes to public health and safety, supports growth, connects communities, activates communities and helps to protect the natural environment; and local public services which help meet the needs of young and old, people in need, visitors and locals, businesses and households by:

·    Providing burial facilities and associated recordkeeping for deceased people within its boundaries as per legislated mandate of the Burial & Cremations Act (1964)

1.5       This report concludes by recommending that the report from the Cemeteries and Crematorium Manager on future cemetery development be received and that Council resolves to locate future cemetery operations at Mangaroa Cemetery and allocate funding for development work.

2.0       BACKGROUND

2.1       Under legislated mandate of the Burial & Cremation Act (1964), a local authority must provide burial facilities and associated recordkeeping for deceased people within its boundaries. Council does this by operating its cemeteries at:

·    Puketapu

·    Havelock North

·    Hastings

·    Mangaroa

 

The Hastings Cemetery is currently the main depot and also houses the Hawke’s Bay Crematorium and Chapel.

 

2.2       Over the last five years average numbers for services are as follow: Cremation = 714, Ash Interment = 200, and Body Interments = 124. Cremation and ash interment numbers are slowly increasing year on year, while body interments have remained constant over the last five years.

2.3       An ageing population means that over time the demand on interment facilities will increase even more. Three of Council’s four cemeteries are rapidly approaching capacity and addressing future cemetery development in a timely manner is crucial to ensure Council does not run out of burial space. 

2.4       The pre-purchase of plots was put on hold in September 2017 in order to prevent Council from running out of available plots before new developments are in place.

2.5       The table below gives an overview of the number of plots available currently and how many years of burials are viable at the current rate at existing HDC cemeteries.

 

Site:

Available Plots:

Notes:

Hastings

75

100 additional plots can be established in 2020

Havelock North

68

No additional space

Mangaroa

233

In currently used portion of land

Puketapu

28

No additional space

TOTAL PLOTS:

404

404 divided by 124 (average burials/yr) = 3.26 years of burial plots left

 

2.6       A report presented to Council on 14 December 2017, (see attachment) and a follow up Council workshop on 12 July 2018 discussed options for future cemetery development.

2.7       Council indicated that its preferred option was to develop the unused 5.6ha portion at Mangaroa Cemetery, which is the only cemetery with growth capacity, with space for up to forty years. The currently developed part of Mangaroa cemetery (2.7ha) provides in total 2603 plots.

2.8       The unused part (5.6ha) is double the size and therefore will provide at least 5206 plots. The table below indicates the lifespan for Mangaroa cemetery if developed in total.

Number of Plots feasible:

(div by) Burials per year:

= Lifespan of cemetery in years

5206

124

41.99

 

2.9       Mangaroa cemetery also contains Council’s natural-burial space and a denominational area for Muslim burials.

 

3.0       CURRENT SITUATION

 

3.1       The Section 17A review of the Cemeteries and Crematorium identified that cemetery land development was an urgent priority to address.

 

3.2       Council has indicated at the Cemeteries workshop of 12 July 2018 that Mangaroa Cemetery is the preferred choice for future cemetery development.

 

3.3       At the same workshop officers were asked to begin discussions with a local landowner regarding a land swap option to facilitate cemetery development and address development needs identified by the other party. Initial discussions with the other landowner was very positive and will be continued with the help of our General Counsel.

 

3.4       Officers were also asked to engage with mana whenua to develop a process and strategy to tell the story of Mangaroa so that the community understands its significance and context.

 

3.5       The land in question for proposed development is designated for cemetery purposes (designation 124) in the Proposed District Plan.

 

3.6       Officers now require a formal decision from Council to be able to progress discussions.

 

4.0       ASSESSMENT OF OPTIONS (INCLUDING FINANCIAL IMPLICATIONS)

4.1       Capacity is rapidly being reached at all the cemeteries and Council has legislated obligations in respect of provision of burial facilities. Maintaining the status quo is not viable, as it does not address an imminent shortfall of interment space and will place Council in significant breach of its legal obligations under the Burial & Cremation Act (1964).

4.2       At its 12 July workshop, development of the unused 5.6ha portion of Mangaroa Cemetery was Council’s preferred model to provide for future cemetery needs. Services are already available at the currently used part of the site and a central access road has been partially formed in the undeveloped portion.

4.3       Funding for development to be included in the 2019/20 budget.

4.4       Officers have begun preliminary discussions with a third party to progress the land swap work, but are unable to proceed further until a formal Council resolution is in place.

5.0       PREFERRED OPTION/S AND REASONS

5.1       A number of options were presented but Council indicated at the workshop on 12 July 2018 that its preferred option is to locate future cemetery development at the Mangaroa Cemetery.

5.2       The Pre-purchase of Plots Reserve Fund contains $181,180 as at October 2018. It is recommended that a sum of $25,000 be used from this fund to begin landscape design work at Mangaroa Cemetery as soon as possible.

5.3       Council would need to make provision from the 2019/20 Annual Plan to progress development work at Mangaroa Cemetery.

 

6.0       RECOMMENDATIONS AND REASONS

A)        That the report of the Cemetery Manager titled Future cemetery development dated 25/10/2018 be received.

B)        That Council adopts the option to locate future cemetery development at the Mangaroa Cemetery.

C)        That the Chief Executive investigates if the land swap option would be viable and add value to the site.

D)        That Council approves the use of $25,000 from the reserve fund from pre-purchase of plots to begin landscape design work at the Mangaroa Cemetery site.

E)        That Council makes provision for the development of Mangaroa Cemetery in the 2019/20 Annual Plan process.

With the reasons for this decision being that the objective of the decision will contribute to meeting the current and future needs of communities for good quality local infrastructure and local public services in a way that is most cost-effective for households and business by:

i)    Providing and maintaining burial facilities and associated recordkeeping for deceased people within its boundaries as per legislated mandate of the Burial & Cremations Act (1964).

 

 

 

Attachments:

 

1

Council Report Future cemetery development options 14 December 2017

17/1172

 

 

 

 


Council Report Future cemetery development options 14 December 2017

Attachment 1

 

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File Ref: 18/798

 

 

REPORT TO:               Council

MEETING DATE:        Thursday 25 October 2018

FROM:                           Community Safety Manager

John Payne

SUBJECT:                    Section 10A Annual Report Dog Control        

 

 

1.0       SUMMARY

1.1       The purpose of this report is to update Council on the dog control statistics for the annual 10A Dog Report for the year 1 July 2017 to 30 June 2018.

1.2       Section 10A of the Dog Control Act 1996 requires Council adopt and publish an annual report on the Administration of Council’s Dog Control Policy and Practises.

1.3       Council is required to give effect to the purpose of local government as prescribed by Section 10 of the Local Government Act 2002.  That purpose is to meet the current and future needs of communities for good quality local infrastructure, local public services, and performance of regulatory functions in a way that is most cost–effective for households and businesses.  Good quality means infrastructure, services and performance that are efficient and effective and appropriate to present and anticipated future circumstances.

1.4       This report concludes by recommending that the report be adopted by Council.

2.0       BACKGROUND

2.1       Section 10A of the Dog Control Act 1996 requires Territorial authorities to publically report each financial year on the administration of their dog control policy and practise.

2.2       The report must include information relating to:

·    The number of registered dogs

·    The number pf probationary and disqualified owners

·    The number of dogs classified dangerous or menacing

·    The number of infringement notices issued

·    The number and nature of dog related complaints

2.3       The report is attached as Attachment 1.

2.4       Council must give public notice of the report by means of notice published in the daily newspaper circulating in the district and by any other means considered desirable.

2.5       Council must, within one month of adopting the report, send a copy to the Secretary for Local Government.

3.0       CURRENT SITUATION

3.1       As at 30 May 2018 there were 12,561 dogs registered in Hastings district with registration compliance reaching 95.4 percent

3.2       There are 16 dogs classified as dangerous and 228 classified as menacing.

3.3       There has again been a decrease in reported dog bites despite a 4.1 percent increase in the dog population.

3.4       There has been a slight decrease in the number of dog related complaints from 3,009 2016/2017 to 2,868.

3.5       There has been a decrease in infringement notices issued (these are generally issued for non-registration) however this coincides with the lower compliance percentage of unregistered dogs.

4.0       SIGNIFICANCE AND ENGAGEMENT

4.1       This report is not significant in terms of Council’s Significance policy but it is a requirement of the Dog Control Act 1996.  Council is required to give public notice of the report advising where it can be viewed.  After adoption by Council the report will be posted on Council’s website.

4.2       Council must, within one month of adopting the report send a copy of it to the Secretary for Local Government.

 

5.0       RECOMMENDATIONS AND REASONS

A)        That the report of the Community Safety Manager titled Section 10A Annual Report Dog Control dated 25/10/2018 be received.

B)        That the 2017/18 Section 10A Annual Report on Policy and Practices in Relation to the Control of Dogs (REG-1-14-18-58) be adopted.

C)        That the report be notified in the local newspaper and a copy of the report be sent to the Secretary for Local Government within one month after adoption.

With the reasons for this decision being that the objective of the decision will contribute to meeting the current and future needs of communities for performance of regulatory functions in a way that is most cost-effective for households and business by:

Ensuring Council meets its requirements to publically report each financial year on the administration of its dog control policy and practices as required by the Dog Control Act 1996.

 

Attachments:

 

1

10A Report 2017/2018

REG-1-14-18-58

 

 

 


10A Report 2017/2018

Attachment 1

 

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File Ref: 18/1002

 

 

REPORT TO:               Council

MEETING DATE:        Thursday 25 October 2018

FROM:                           Democratic Support Manager

Jackie Evans

SUBJECT:                    Requests Received under the Local Government Official Information and Meetings Act (LGOIMA) Monthly Update        

 

 

1.0       SUMMARY

1.1       The purpose of this report is to inform the Council of the number of requests under the local Government official Information Act (LGOIMA) 1987 received in September and October 2018.

1.2       This issue arises from the provision of accurate reporting information to enable effective governance

1.3       The Council is required to give effect to the purpose of local government as prescribed by Section 10 of the Local Government Act 2002. That purpose is to meet the current and future needs of communities for good quality local infrastructure, local public services, and performance of regulatory functions in a way that is most cost–effective for households and businesses. Good quality means infrastructure, services and performance that are efficient and effective and appropriate to present and anticipated future circumstances.

1.4       The objective of this decision relevant to the purpose of Local Government is to ensure that the Council is meeting its legislative obligations.

1.5       This report concludes by recommending that the report be noted.

2.0       BACKGROUND

2.1       The LGOIMA allows people to request official information held by local government agencies. It contains rules for how such requests should be handled, and provides a right to complain to the Ombudsman in certain situations. The LGOIMA also has provisions governing the conduct of meetings.

Principle of Availability

2.2       The principle of availability underpins the whole of the LGOIMA. The Act explicitly states that:

The question whether any official information is to be made available … shall be determined, except where this Act otherwise expressly requires, in accordance with the purposes of this Act and the principle that the information shall be made available unless there is good reason for withholding it.

 

 

 

Purpose of the Act

2.3       The key purposes of the LGOIMA are to:

·    progressively increase the availability of official information held by agencies, and promote the open and public transaction of business at meetings, in order to:

o enable more effective public participation in decision making; and

o promote the accountability of members and officials; and

o so enhance respect for the law and promote good local government; and

o protect official information and the deliberations of local authorities to the extent consistent with the public interest and the preservation of personal privacy.

2.4       City, district and regional councils, council controlled organisations and community boards are subject to LGOIMA and official information means any information held by an agency subject to the LGOIMA.

2.5       It is not limited to documentary material, and includes material held in any format such as:

·     written documents, reports, memoranda, letters, notes, emails and draft documents;

·     non-written documentary information, such as material stored on or generated by computers, including databases, video or tape recordings;

·     information which is known to an agency, but which has not yet been recorded in writing or otherwise (including knowledge of a particular matter held by an officer, employee or member of an agency in their official capacity);

·     documents and manuals which set out the policies, principles, rules or guidelines for decision making by an agency;

·     the reasons for any decisions that have been made about a person.

2.6       It does not matter where the information originated, or where it is currently located, as long as it is held by the agency. For example, the information could have been created by a third party and sent to the agency. The information could be held in the memory of an employee of the agency.

What does a LGOIMA request look like?

2.7       There is no set way in which a request must be made. A LGOIMA request is made in any case when a person asks an agency for access to specified official information. In particular:

·     a request can be made in any form and communicated by any means, including orally;

·     the requester does not need to refer to the LGOIMA; and

·     the request can be made to any person in the agency.

2.8       The Council deals with in excess of 14,000 service requests on average each month from written requests, telephone calls and face to face contact. The LGOIMA requests dealt with in this report are specific requests for information logged under formal LGOIMA procedure, which sometimes require collation of information from different sources and/or an assessment about the release of the information requested.

Key Timeframes

2.9       An agency must make a decision and communicate it to the requester ‘as soon as reasonably practicable’ and no later than 20 working days after the day on which the request was received.

2.10    The agency’s primary legal obligation is to notify the requester of the decision on the request ‘as soon as reasonably practicable’ and without undue delay. The reference to 20 working days is not the de facto goal but the maximum unless it is extended appropriately in accordance with the Act. Failure to comply with time limit may be the subject of a complaint to the ombudsman.

2.11    The Act provides for timeframes and extensions as there is a recognition that organisations have their own work programmes and that official information requests should not unduly interfere with that programme.

3.0       CURRENT SITUATION

3.1       Council has requested that official information requests be notified via a monthly report.

 

4.0       RECOMMENDATIONS AND REASONS

A)        That the report of the Democratic Support Manager titled Requests Received under the Local Government Official Information and Meetings Act (LGOIMA) Monthly Update dated 25/10/2018 be received.

B)        That the LGOIMA requests received in September and October 2018 as set out in Attachment 1 (IRB-2-1-18-1430) of the report in (A) above be noted.

 

Attachments:

 

1

LGOIMA Monthly Report to Council September/October 2018

IRB-2-01-18-1430

 

 

 


Information Mgmt & Reporting - Information Requests - LGOIMA - LGOIMA Monthly Report to Council September/October 2018

Attachment 1

 

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File Ref: 18/878

 

 

REPORT TO:               Council

MEETING DATE:        Thursday 25 October 2018

FROM:                           Democratic Support Manager

Jackie Evans

SUBJECT:                    Amendment to Standing Orders to enable Remote Participation in Meetings        

 

 

1.0       SUMMARY

1.1       The purpose of this report is to obtain a decision from the Council on an amendment to standing orders to enable remote participation and  voting in council meetings

1.2       This issue arises from the forthcoming upgrade of the Council Chamber which will facilitate remote participation in meetings.

1.3       This report concludes by recommending the amendment of standing orders to enable remote participation and voting at Council and committee meetings.

1.4       According to Schedule 7 of the Local Government Act 2002 (clause 27) an amendment to standing orders requires a vote in favour of not less than 75% of the members present.

2.0       CURRENT SITUATION

2.1       The Council’s current standing orders make no mention of remote attendance at meetings, because at the time of adoption in January 2017, the council chamber had not been configured to enable effective attendance at meetings by audio or audio visual links.

2.2       Improvements in technology and the forthcoming upgrade of the council chamber mean that it will be possible for meeting participants to participate in council and committee meetings remotely.  Officers will update Council on the technology aspects of the Chamber upgrade.

2.3       Schedule 7,  Clause 25 (A) of the Local Government Act allows for the right of a local authority member to attend a meeting by audio or audio-visual link provided that the presiding officer is satisfied that all conditions and requirements in the standing orders in relation to attendance at the meeting by means of audio link or audio-visual link are met.

2.4       However, a member of the local authority who is not physically present cannot be counted as present for quorum purposes.

2.5       In order to enable full participation and voting via audio and audio visual links it is therefore necessary to amend standing orders by including the following sections:

12.7 Right to attend by audio or audio visual link

Provided the conditions in these standing orders are met members of the council have the right to attend meetings by means of an electronic link, unless they have been lawfully excluded. 

 

12.8 Member’s status: quorum

Members who attend meetings by electronic link will not be counted as present for the purposes of a quorum. 

12.9 Member’s status: voting

Where a meeting has a quorum, determined by the number physically present, the members attending by electronic link can vote on any matters raised at the meeting.

 

12.10 Chairperson’s duties

Where the technology is available and a member is attending a meeting by audio or audio-visual link, the Mayor or Chairperson must ensure that:

 

(a)          the technology for the link is available and of suitable quality;

(b)          procedures for using the technology in the meeting will ensure that:

 

i.        everyone participating in the meeting can hear each other;

ii.       the member’s attendance by audio or audio visual link does not reduce their accountability or accessibility of that person in relation to the meeting;

iii.      the requirements of Part 7 of LGOIMA are met; and

iv.      the requirements in these standing orders are met.

 

If the Mayor or Chairperson is attending by audio or audio visual link then chairing duties will be undertaken by the deputy mayor or deputy chair or a member who is physically present.

 

cl. 25A (3) Schedule 7, LGA 2002.

 

12.11 Conditions for attending by audio or audio visual link

 

The Chairperson may give approval for a member to attend meetings by electronic link, either generally or for a specific meeting. Examples of situations where approval can be given include:  

 

(a)     where the member is at a place that makes their physical presence at the meeting impossible or impracticable;

(b)     where a member is unwell; and

(c)     where a member is unable to attend due to an emergency.

 

12.12 Request to attend by audio or audio visual link

 

Where possible, a member will give the Mayor or Chairperson and the chief executive at least 2 working days’ notice when they want to attend a meeting by audio or audio visual link.  Should this not be possible due to illness or emergency, the member may give less notice.

 

Where such a request is made and the technology is available, the chief executive must take reasonable steps to enable the member to attend by audio or audio-visual link.  However, the council has no obligation to make the technology for an audio or audio-visual link available.

 

If the member’s request cannot be accommodated, or there is a technological issue with the link, this will not invalidate any acts or proceedings of the Council or its Committees.

 

12.13 Mayor or Chairperson may terminate link

 

The Mayor or Chairperson may direct that an electronic link should be terminated where: 

(a)     use of the link is increasing, or may unreasonably increase, the length of the meeting;

(b)     the behaviour of the members using the link warrants termination, including the style, degree and extent of interaction between members;

(c)     it is distracting to the members who are physically present at the meeting; and

(d)     the quality of the link is no longer suitable. 

 

12.14 Giving or showing a document

 

A person attending a meeting by audio or audio-visual link may give or show a document by:

 

(a)     transmitting it electronically; 

(b)     using the audio-visual link; and

(c)     any other manner that the Chairperson thinks fit.

 

cl. 25(A) (6) Schedule 7, LGA 2002.

 

2.6      According to the local government act 2002 Sch7 (27) an amendment to standing orders requires a vote of 75% of the members present.

3.0       OPTIONS

3.1       The only two options available are to amend standing orders as outlined above, or retain status quo. The net effect of retaining status quo would be that members can participate remotely in meetings, but will not be able to vote.

4.0       SIGNIFICANCE AND ENGAGEMENT

4.1       This matter does not trigger the significance and engagement policy

 

5.0       RECOMMENDATIONS AND REASONS

A)        That the report of the Democratic Support Manager titled Amendment to Standing Orders to enable Remote Participation in Meetings dated 25/10/2018 be received.

B)        That pursuant to Clause 27 of the Schedule 7 of the Local Government Act 2002, the Hastings District Council Standing Orders are amended by incorporating after Clause 12.6 the following provisions, so as to enable attendance and voting at Council and Committee meetings by audio or audio visual link

12.7 Right to attend by audio or audio visual link

Provided the conditions in these standing orders are met members of the council have the right to attend meetings by means of an electronic link, unless they have been lawfully excluded. 

 

12.8 Member’s status: quorum

Members who attend meetings by electronic link will not be counted as present for the purposes of a quorum. 

12.9 Member’s status: voting

Where a meeting has a quorum, determined by the number physically present, the members attending by electronic link can vote on any matters raised at the meeting.

 

12.10 Chairperson’s duties

Where the technology is available and a member is attending a meeting by audio or audio-visual link, the Mayor or Chairperson must ensure that:

 

a)   the technology for the link is available and of suitable quality;

b)  procedures for using the technology in the meeting will ensure that:

 

i. everyone participating in the meeting can hear each other;

ii.    the member’s attendance by audio or audio visual link does not reduce their accountability or accessibility of that person in relation to the meeting;

iii.   the requirements of Part 7 of LGOIMA are met; and

iv.   the requirements in these standing orders are met.

 

 

If the Mayor or Chairperson is attending by audio or audio visual link then chairing duties will be undertaken by the deputy mayor or deputy chair or a member who is physically present.

 

·    cl. 25A (3) Schedule 7, LGA 2002.

 

12.11 Conditions for attending by audio or audio visual link

 

The Chairperson may give approval for a member to attend meetings by electronic link, either generally or for a specific meeting. Examples of situations where approval can be given include:  

 

a)      where the member is at a place that makes their physical presence at the meeting impossible or impracticable;

b)     where a member is unwell; and

c)      where a member is unable to attend due to an emergency.

 

12.12 Request to attend by audio or audio visual link

 

Where possible, a member will give the Mayor or Chairperson and the chief executive at least 2 working days’ notice when they want to attend a meeting by audio or audio visual link.  Should this not be possible due to illness or emergency, the member may give less notice.

 

Where such a request is made and the technology is available, the chief executive must take reasonable steps to enable the member to attend by audio or audio-visual link.  However, the council has no obligation to make the technology for an audio or audio-visual link available.

 

If the member’s request cannot be accommodated, or there is a technological issue with the link, this will not invalidate any acts or proceedings of the Council or its Committees.

 

12.13 Mayor or Chairperson may terminate link

 

The Mayor or Chairperson may direct that an electronic link should be terminated where: 

a)      use of the link is increasing, or may unreasonably increase, the length of the meeting;

b)      the behaviour of the members using the link warrants termination, including the style, degree and extent of interaction between members;

c)      it is distracting to the members who are physically present at the meeting; and

d)      the quality of the link is no longer suitable. 

 

 

 

12.14 Giving or showing a document

 

A person attending a meeting by audio or audio-visual link may give or show a document by:

 

a)  transmitting it electronically; 

b)  using the audio-visual link; and

c) any other manner that the Chairperson thinks fit.

 

cl. 25(A) (6) Schedule 7, LGA 2002.

 

NB: This recommendation requires at least 75% majority of those present at the meeting

 

Attachments:

There are no attachments for this report.

 

 


File Ref: 18/886

 

 

REPORT TO:               Council

MEETING DATE:        Thursday 25 October 2018

FROM:                           Group Manager: Community Facilities & Programmes

Alison Banks

Chief Financial Officer

Bruce Allan

SUBJECT:                    Opera House and Precinct Update        

 

 

1.0       SUMMARY

 

1.1       The purpose of this report is to update Council on the Opera House and Precinct Project.

 

1.2       This request arises from a report presented to Council on the 6 September 2018 which outlined the need to keep Councillors informed/updated monthly at a formal Council meeting.

 

1.3       The Council is required to give effect to the purpose of local government as prescribed by Section 10 of the Local Government Act 2002. That purpose is to meet the current and future needs of communities for good quality local infrastructure, local public services, and performance of regulatory functions in a way that is most cost–effective for households and businesses. Good quality means infrastructure, services and performance that are efficient and effective and appropriate to present and anticipated future circumstances.

 

1.4       This report addresses the recommendation to report monthly on the progress of the business plan, consultation plans, financial commitments and fundraising and concludes by recommending that the report be received.

2.0       BACKGROUND

2.1       Council has made a number of interrelated decisions with the strengthening and upgrades of the Opera House Precinct. As those decisions have been made over a reasonably long period of time (over two years) and following some queries, Officers thought it useful to provide a chronological summary of those key decisions.

2.2       Council approved the following recommendation;

That the report of the Acting Chief Executive titled “Hawke's Bay Opera House Precinct - Municipal Building Update and Options” dated 6/09/2018 be received.

That given the complexity of the information provided in this report that Council hold a further workshop on the matters raised.

That Officers are to provide monthly reports to Council on progress on a work plan, including the business plan, consultation plans, financial commitments and fundraising.

That the Opera House and Arts Precinct Subcommittee reverts to its Terms of Reference and utilises agendas and minutes.

3.0       CURRENT SITUATION

3.1       Officers have developed a strategic approach to deliver and monitor key milestones which will be overseen by a Project Control Group (PCG), chaired by the Chief Executive, acknowledging the strategic importance of this project.

 

3.2       The PCG and support team meet regularly and are developing a work programme that identifies critical paths to enable the development of a strategic plan, business plan and business case for the Opera House and Precinct.  Consultation and subsequent funding applications which will lead to physical works also form part of this work.  A senior Programme Manager has been appointed to manage the work programme.

 

3.3       A stock take of funding sources/opportunities is underway and once completed a defined timeline for applications will be developed. This will give Council a better understanding of the levels of funding available and will inform financial commitments and fundraising. An Officer has been appointed to manage all Government Funding applications and relationships.

 

3.4       An expression of interest (EOI) was developed to engage an external provider to develop and deliver community fundraising initiatives. The EOI will be advertised nationally. A fundraising strategy, communication plan and action plan will be delivered with the aim to engage the community (including corporate stakeholders). The Opera House Precinct Subcommittee will be asked to endorse the preferred supplier from this process.

 

3.5       The Opera House Manager has completed the Project Plan which will support the development of the Opera House Precinct Strategic Plan. It is proposed that the plan will be completed by the end of December and will address;

·    Short, medium and long term planning in line with the HDC LTP

·    Research and analysis of the market, audience, programming, financials, utilisation and artistic objectives

·    SWOT analysis

·    Mission, vision and cultural development objectives including tikanga Maori underpinning the strategic plan

·    10 year budget plan

·    Risk management

·    Marketing, sponsorship, volunteer and audience development

·    Stakeholder engagement and management

·    Excellence in customer service

 

3.6       The Strategic Plan will inform the Opera House and Precinct Business Plan which will be completed by the end of February 2019. The Business Plan will in turn inform a detailed Business Case which will explore options available to deliver the outcomes identified in the Strategic Plan.

 

 

4.0       RECOMMENDATION

A)        That the report of the Group Manager: Community Facilities & Programmes titled Opera House and Precinct Update dated 25/10/2018 be received.

 

Attachments:

There are no attachments for this report.

 

 


File Ref: 18/1013

 

 

REPORT TO:               Council

MEETING DATE:        Thursday 25 October 2018

FROM:                           Waste and Data Services Manager

Martin Jarvis

SUBJECT:                    Summary of Recommendations of the Omaranui Refuse Landfill Joint Committee meeting held 5 October 2018         

 

 

 

1.0       SUMMARY

1.1       The purpose of this report is to advise that the recommendations from the Omarunui Refuse Landfill Joint Committee held on 5 October 2018 require ratification by Council.

1.2       Attached for information are the following reports which were presented to the Omarunui Refuse Landfill Joint Committee:

·    Annual Review of Hedging Strategy for Landfill Carbon Emissions (Attachment 1)

·    Omarunui Joint Landfill Annual Report for the year ending 30 June 2018 (Attachment 2)

1.3       The relevant Omarunui Refuse Landfill Joint Committee recommendations to be ratified are set out below.

 

2.0       RECOMMENDATION

A)   That the report of the Waste and Data Services Manager titled “Summary of Recommendations of the Omaranui Refuse Landfill Joint Committee meeting held 5 October 2018 ” be received.

B)   The following recommendations of the Omarunui Refuse Landfill Joint Committee meeting held 5 October 2018 be ratified:

 

“5.  ANNUAL REVIEW OF HEDGING STRATEGY FOR LANDFILL CARBON EMISSIONS

 

A)     That the report of the Management Accountant titled Annual Review of Hedging Strategy For Landfill Carbon Emissions dated 5/10/2018 be received.

 

B)     That the Landfill Committee approve the forward purchase contract for 107,100 New Zealand Units currently estimated at around $2,934,540 to fix the price of NZUs for the calendar year 2020,  85,680 NZU at around $2,424,744 for calendar year 2021 and 64,260 NZU at around $1,886,031 for 2022. The Chief Executive (Hastings District Council) be authorised to approve the nature of the contract and to execute the necessary contracts.

 

C)     That it be noted that the actual cost of the extension of the forward purchase contract can only be firmly established when the order is placed in the market.

 

D)     That the hedging strategy be reviewed annually.

 

6.    OMARUNUI JOINT LANDFILL ANNUAL REPORT FOR THE YEAR ENDING 30 JUNE 2018

A)   That the report of the Waste and Data Services Manager titled “Omarunui Joint Landfill Annual Report for the year ending 30 June 2018” dated 5 October 2018 be received.

B) That the unaudited Omarunui Joint Landfill Financial Statements for the year ended 30 June 2018 and Attachment 1 to the Agenda report (CG-14-27-00032) be received.

 

Attachments:

 

1

Copy of Annual Review of Hedging Strategy presented to Landfill Committee

CG-14-1-01011

2

Copy of Annual Report presented to Landfill Committee

CG-14-1-01010

 

 

 


Copy of Annual Review of Hedging Strategy presented to Landfill Committee

Attachment 1

 

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Copy of Annual Report presented to Landfill Committee

Attachment 2

 

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File Ref: 18/1014

 

 

REPORT TO:               Council

MEETING DATE:        Thursday 25 October 2018

FROM:                           Democratic Support Manager

Jackie Evans

SUBJECT:                    Updated 2018 Meeting Schedule Changes        

 

 

1.0       SUMMARY

 

1.1       The purpose of this report is to consider amendments to the schedule of Council and Committee Meetings for the 2018 Meeting Calendar which was adopted by Council 24 May 2018.

 

1.2       This report recommends that the 2018 Meeting Schedule as amended below be adopted.

 

2.0       BACKGROUND

 

2.1       The Local Government Act 2002, Schedule 7, Clause 19 states:

(4)       A local authority must hold meetings at the times and places that it appoints”.

(5)       If a local authority adopts a schedule of meetings-

 

a) The schedule-

i)       may cover any future period that the local authority considers appropriate, and

ii)       may be amended

 

2.2       Although a local authority must hold the ordinary meetings appointed, it is competent for the authority at a meeting to amend the schedule of dates, times and number of meetings to enable the business of the Council to be managed in an effective way.

 

2.3       The following additional meeting is proposed to be included in the 2018 meeting schedule:

 

Committee

Date

Time

Venue

Council

6 December 2018

(previously 13 December)

1.00pm

Council Chamber

HB Opera House & Precinct Subcommittee

Thursday, 22 November 2018

 

10.00am

Landmarks Room

HB Crematorium

Wednesday, 5 December 2018

10.00am

HB Crematorium

2.4      Councillors will be kept informed of specific changes on a day to day basis through the centralised calendar system.

 

 

3.0       RECOMMENDATIONS AND REASONS

A)        That the report of the Democratic Support Manager titled Updated 2018 Meeting Schedule Changes dated 25/10/2018 be received.

B)        That the 2018 Meeting Schedule be amended as follows:-

Committee

Date

Time

Venue

Council

6 December 2018

(previously 13 December)

 

1.00pm

Council Chamber

HB Opera House & Precinct Subcommittee

Thursday, 22 November 2018

 

10.00am

Landmarks Room

HB Crematorium

Wednesday, 5 December 2018

10.00am

HB Crematorium

 

Attachments:

There are no attachments for this report.