Minutes of Council Meeting - 6 December 2018

CG-14-1-01089 1

HASTINGS DISTRICT COUNCIL

MINUTES OF A MEETING OF THE COUNCIL

HELD IN THE Council Chamber, Ground Floor, Civic Administration Building, Lyndon Road East, Hastings ON

Thursday, 6 December 2018 AT 1.10pm

Present: Mayor Hazlehurst (Chair)

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

IN ATTENDANCE: Acting Chief Executive (Mr N Taylor)

Group Manager: Asset Management (Mr C Thew)

Group Manager: Planning and Regulatory Services (Mr J O’Shaughnessy)

Group Manager: Economic Growth and Organisation Improvement (Mr C Cameron)

Group Manager: Human Resources (Mrs B Bayliss)

Chief Financial Officer (Mr B Allan)

Group Manager: Community Facilities & Programmes (Mrs A Banks)

Pou Ahurea Matua Principal Advisor: Relationships, Responsiveness and Heritage (Dr J Graham)

Parks Planning and Development Manager (Ms R Stuart)

Parks and Property Services Manager (Mr C Hosford)

Democratic Support Manager (Mrs J Evans)

Committee Secretary (Mrs C Hunt)

AS REQUIRED: Ella Hoogerburg, Chair of Hastings District Youth Council (Item 6)

Mr Garth Cowie, Independent Chair of the 3Water Services Change Management Programme (Items 8 and 9)

Toni Lass, Hawke’s Bay Lass (Items 8 and 9)

Hastings Rural Community Board Members: Sue Maxwell and Mick Lester

Peter Kay (Former Chair of Hastings Rural Community Board)

1. Prayer

The opening prayer was given by Reverend Taylor Materoa.

2. Apologies

Councillor Lawson/Councillor Lyons

That an apology for lateness from Councillor Travers be accepted.

CARRIED

Leave of Absence

Mayor Hazlehurst/Councillor Redstone

That leave of absence be granted as follows:

Councillor Kerr 14-28 January 2019

Councillor Lyons 1-8 February 2019 and 2-12 March 2019

Councillor Heaps 9-22 January 2019

Councillor Barber 4-11 January 2019

Councillor Lawson 4-8 February 2019

Councillor Schollum 9-31 January 2019

CARRIED

3. Seal Register

Mayor Hazlehurst/Councillor Kerr

That the Seal Register lie on the table during the meeting.

CARRIED

4. Conflicts of Interest

There were no declarations of conflicts of interest.

5. Confirmation of Minutes

Councillor Watkins/Councillor Barber

That the minutes of the Council Meeting held Tuesday 20 November 2018, including minutes while the public were excluded be confirmed as a true and correct record and be adopted.

CARRIED

6.	Presentation by HB SECONDARY SCHOOLS Sportsperson of the Year Rose Morton
	This item was deferred to a later Council meeting due to the ill health of Ms Morton.

7.	2018 Hastings Youth Council Annual Report (Document 18/1172)
	The Chair of the Hastings District Youth Council, Ella Hoogerburg spoke to the meeting regarding the activities of the 2018 Hastings Youth Council and also displayed a short video (CG-14-1-01097) of the activities. Ella spoke on behalf of the Youth Council who would like greater collaboration with Council on set projects and more engagement with Councillors.
Councillor Travers joined the meeting at 1.20pm.
	Councillor Dixon/Councillor Nixon A) That the report of the Youth Development Co-ordinator titled “2018 Hastings Youth Council Annual Report” dated 6/12/2018 be received. CARRIED

Water Improvement Update - Garth Cowie

(Document 18/1183)

Mr Cowie, Independent Chair of the Water Change Management Team spoke to the meeting and responded to questions. A full written report, rather than a verbal report would be provided for the next update.

Councillor Nixon/Councillor Heaps

That the report of the Group Manager: Asset Management titled “Water Improvement Update” dated 20 November be received.

CARRIED

3Waters Review

(Document 18/1125)

The Group Manager: Asset Management, Mr Thew spoke to the report which was to request approval to address how the management of drinking water, stormwater and wastewater in the Region could be improved. The 3Waters review would develop recommendations for performance improvements to Council’s 3Waters systems to help shape Central Government’s 3Waters Strategy.

Mayor Hazlehurst/Councillor Watkins

A) That the report of the Acting Chief Executive titled “3Waters Review” dated 6/12/2018 be received.

B) The Council approve Option 1 as set out in this report to deliver a 3Waters Review for the Hawke’s Bay Region.

C) That Council approve the cost of the review apportioned across the Hawke’s Bay Councils as follows:

Napier City Council	35%
Hastings District Council	35%
Hawke’s Bay Regional Council	15%
Wairoa District Council	7.5%
Central Hawke’s Bay District Council	7.5%

D) That the maximum budget provided be limited to $75,000 for Hastings District Council’s share.

CARRIED

10.

Proposed Eastbourne Street East Upgrade

(Document 18/11/89)

The Parks Planning and Development Manager, Ms Stuart displayed a powerpoint presentation (STR-22-8-18-698) providing an overview of the proposed amendment to the street upgrade programme and request to reallocate the funds set aside to deliver the CBD Street Upgrade Programme, in order to advance the street upgrade of Eastbourne Street East between Warren and Russell Streets.

Councillor Schollum/Councillor Redstone

A) That the report of the Parks Planning and Development Manager titled “Proposed Eastbourne Street East Upgrade” dated 6/12/2018 be received.

B) That Council resolved to adopt Option 2 and amend the 2017 Street Upgrade Programme to advance the upgrade of Eastbourne Street between Warren Street South and Russell Street South to 2018/19; and defer Karamu Road until 2019/20; and adopt the proposed Concept Plan as included in Attachment 2 (STR-22-8-18-693).

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 in a way that is most cost-effective for households and business by:

i) The integration of street upgrade works with the programmed pavement renewal programme will result in significant cost and time saving by delivering all works under a single contract.

CARRIED

With the agreement of the meetings Items 18 and 13 were taken out of order

18.

Presentation to Peter Kay, Chair of Rural Community Board

(Document 18/1087)

Mayor Hazlehurst, on behalf of the Council paid tribute to Mr Kay in recognition of his contribution to the Hastings District rural community and the Council as a whole, and to wish him well for the future.

Mr Mick Lester (Hastings Rural Community Board Member and President, Community Board Executive) acknowledged and thanked Mr Kay followed by Sue Maxwell, the newly appointed Chair of the Rural Community Board.

Councillors Kerr, Lyons (current members of the Hastings Rural Community Board) and Councillor Barber (former member of the Hastings Rural Community Board) all spoke and paid tribute to Mr Kay for his stable leadership and outstanding contribution as a member of the Rural Community Board and representative of the Maraekakaho area.

Councillor Heaps paid tribute to Mr Kay for the twelve months he had worked with the Clifton to Tangoio Coastal Hazards Strategy Committee.

The Group Manager: Asset Manager, Mr Thew on behalf of the Asset Management team paid tributed to Mr Kay and thanked him for the support and respect he had provided to the Asset Team.

The Environmental Policy Manager, Mr Rowan Wallis on behalf of the Environmental Policy Team also paid tribute to Mr Kay who had been a stalwart during the District Plan Review Hearings and appreciated all the time he had contributed, a lot of which was unpaid.

Councillor Heaps/Councillor Dixon

A) That the report of the Democratic Support Manager titled “Presentation to Peter Kay, Chair of Rural Community Board” dated 6/12/2018 be received.

CARRIED

13.

Summary of Recommendations of the Hastings District Rural Community Board held on 3 December 2018

(Document 18/1175 and CG-14-1-01087)

Councillor Lyons/Councillor Kerr

A) That the report of the Group Manager: Asset Management titled “Summary of Recommendations of the Hastings District Rural Community Board held on 3 December 2018” be received.

B) The following recommendations of the Hastings District Rural Community Board meeting held 3 December 2018 be ratified:

“4. APPOINTMENT OF CHAIRPERSON

A) That the report of the Democratic Support Manager titled “Appointment of Chairperson” dated 3/12/2018 be received.

B) That Sue Maxwell be appointed as Chairperson of the Hastings District Community Board from 3 December 2018 to 12 October 2019.

5. EXTRAORDINARY VACANCY ON RURAL COMMUNITY BOARD

A) That the report of the Electoral Officer titled “Extraordinary Vacancy on Rural Community BoardError! No document variable supplied.” dated 3/12/2018 be received.

B) That the extraordinary vacancy be filled by an appointment under s117(3) of the Local Electoral Act 2001.

C) That pursuant to s117(3) of the Local Electoral Act 2001 the appointment to the extraordinary vacancy on the Hastings District Rural Community Board be made using the following criteria:

· Relevant governance experience

· Horticultural experience

· Resident in rural community

· Demonstrated interest in the work of the Rural Community Board, and

· Familiarity with Council processes

D) That Ms Lesley Wilson meets the criteria set out above and accordingly the vacancy be filled by her appointment to the Hastings District Council Rural Community Board until 12 October 2019 to enable the Board to fulfil its work programme and to ensure that the rural community continues to be effectively represented.

E) Pursuant to Section 118 of the Local Electoral Act 2001, prior to the expiry of the prescribed period of 30 days following the public notification of the appointment, a meeting of the Board will be convened on 17 December 2018 at 10.30 am to confirm the appointment.

8. AMENDMENT TO STANDING ORDERS TO ENABLE REMOTE PARTICIPATION IN MEETINGS

A) That the report of the Democratic Support Manager titled “Amendment to Standing Orders to Enable Remote Participation in Meetings” dated 3/12/2018 be received.

B) That pursuant to Clause 27 of Schedule 7 of the Local Government Act 2002, the Hastings District Rural Community Board Standing Orders (CG-08-9-17-257) are amended by incorporating after Clause 12.6 the following provisions, so as to enable attendance and voting at Board 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 Board 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 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 Chairperson is attending by audio or audio visual link then chairing duties will be undertaken by the 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 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 Board 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 Board or its Committees.

12.13 Chairperson may terminate link

The 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

C) That at its next meeting on 17 December 2018, the Hastings District Rural Community Board elect a Deputy Chair and that a report be prepared to formalise this and to amend the Terms of Reference accordingly.

9. RURAL TRANSPORTATION ACTIVITIES REPORT

A) That the report of the Transportation Operations Manager titled “Rural Transportation Activities” dated 3/12/2018 be received.

B) That the local share shortfall from 2018/19 flood damage of $633,000 be approved from the Rural Flood Emergency Event reserve.

C) The Hastings District Rural Community Board recommends that the Flood Damage Reserve contribution is reviewed as part of the 2019 Annual Plan process.

10. RURAL COMMUNITY BOARD CONFERENCE

A) That the report of the Democratic Support Manager titled Rural Community Board Conference titled “Rural Community Board Conference” dated 3/12/20186/12/2018 be received.

B) That the following three Rural Community Board Members - Sue Maxwell, Lesley Wilson and Councillor George Lyons - be approved to attend the 2019 Community Boards Conference to be held in New Plymouth on 11-13 April 2019”.

CARRIED

_____________________

The meeting adjourned for afternoon tea at 2.40pm

and reconvened at $3.00pm

_____________________

11.

DUART HOUSE SEISMIC STRENGTHENING

(Document 18/382)

Councillor Kerr/Councillor Travers

A) That the report of the Parks and Property Services Manager titled “Duart House Seismic Strengthening dated 6/12/2018 be received.

B That Option 3: Strengthening to 34% National Building Standard.

C) That additional loan funding of $200,000 be included in the 2019/20 Annual Plan for the Stage 1 seismic strengthening of Duart House and external funds are explored for Stage 2.

D) That Stage 2 strengthening option is reviewed in the 2021/2031 Long Term Plan.

· Undertaking the strengthening of an earthquake prone Council facility in two stages, Council meet legislative requirements while canvassing other funding options to make the upgrade more affordable to ratepayers.

CARRIED

12.

Naming of the new Arterial Link in Whakatu

(Document 18/1209)

The Group Manager: Planning and Regulatory Services, Mr O’Shaughnessy circulated email correspondence from Land Information New Zealand (LINZ) (CG-14-1-01098) which advised to the proposed road name of “Whakatu-Mangateretere Expressway” did not meet the 4819:2011 Standard.

Mayor Hazlehurst/Councillor Lyons

A) That the report of the Pou Ahurea Matua - Principal Advisor: Relationships, Responsiveness and Heritage titled “Naming of the new Arterial Link in Whakatu” dated 6/12/2018 be received.

B) That Item 12 titled “Naming of the new Arterial Link in Whakatu” dated 6 December 2018 be left to lie on the table to enable further discussion to be undertaken and reported back.

CARRIED

14.

Summary of Recommendations of the HDC: Maori Joint Committee meeting held 28 November 2018

(Document 18/1176)

Councillor Watkins left the meeting at 3.45pm.

Councillor Poulain/Councillor Kerr

A) That the report of the Pou Ahurea Matua - Principal Advisor: Relationships, Responsiveness and Heritage titled “Summary of Recommendations of the HDC: Maori Joint Committee meeting held 28 November 2018” be received.

B) The following recommendations of the HDC - Māori Joint Committee meeting held 28 November 2018 be ratified:

“5. REVIEW OF MĀORI PARTICIPATION IN COUNCIL DECISION MAKING

A) That the report of the Democratic Support Manager titled “Review of Māori Participation in Council Decision Making” dated 28/11/2018 be received.

B) That officers be requested to prepare governance options for a full Council/Māori Joint Committee Workshop to be held on 27 February 2019 on the way forward based on the following:

· A recommendation and process for appointments to Standing Committees from HDC: Māori Joint Committee members.

· Opportunities for the HDC: Maori Joint Committee to have a voice (but not a vote) at the Council table.

· A mechanism/control that imparts Council/Committee reports with implications for Māori and cultural considerations.

C) That the future role and Terms of Reference of the HDC: Māori Joint Committee be included in the Work Programme in 2019.

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 improving Māori engagement in the Council’s governance and decision-making processes.

8. MAORI LANGUAGE STRATEGY/POLICY AND HDC CULTURAL RESPONSIVENESS

A) That the report of the Pou Ahurea Matua - Principal Advisor: Relationships, Responsiveness and Heritage titled “Māori Language Strategy/Policy and HDC Cultural Responsiveness” dated 28/11/2018 be received.

B) That the HDC: Māori Joint Committee recommends that Council endorse and support the development of a Te Reo Māori Strategy and Policy at Hastings District Council that will be officially launched at Te Wiki o Te Reo Māori 2019.

C) That the HDC: Māori Joint Committee recommends that Council endorse and support the development of mandatory (compulsory) cultural training for all staff at Hastings District Council from 2019, and to be delivered by the Pou Ahurea Team.

With the reasons for these recommendations being that the objective of the recommendations will contribute to effective local decision making and action by Council and Council staff on behalf of all communities.”

CARRIED

Councillor Nixon recorded his vote AGAINST The Motion

15.

Summary of Recommendations of the Opera House & Arts Precinct Subcommittee held on 22 November 2018

(Document 18/1176)

Councillor Redstone/Councillor Schollum

A) That the report of the Group Manager: Community Facilities & Programmes titled “Summary of Recommendations of the Opera House & Arts Precinct Subcommittee held on 22 November 2018” be received.

B) The following recommendations of the Opera House & Arts Precinct Subcommittee meeting held 22 November 2018 be ratified:

“4. REVISED TERMS OF REFERENCE – OPERA HOUSE & ARTS PRECINCT SUBCOMMITTEE”

A) That the report of the Group Manager: Community Facilities & Programmes titled “Summary of Recommendations of the Opera House & Arts Precinct Subcommittee held on 22 November 2018” and dated 6/12/2018 be received.

B) That the Opera House & Arts Precinct Subcommittee recommend to Council that it adopt the attached revised Terms of Reference for the Subcommittee (CG-14-1-01076).

C) That the Hastings District Council Committees and Rural Community Board Delegations Register be amended to include the amended Terms of Reference for the Opera House & Arts Precinct Subcommittee (CG-08-9-18-291).

CARRIED

16.

Updated 2019 Meeting Schedule Changes

(Document 18/1171)

Councillor Redstone/Councillor Schollum

A) That the report of the Democratic Support Manager titled “Updated 2019 Meeting Schedule Changes” dated 6/12/2018 be received.

B) That the 2018 and 2019 Meeting Schedule be amended as follows:-

Committee	Date	Time	Venue
Rural Community Board	17 December 2018	10.30am	Guilin Room
Reserve Management Plan Subcommittee (Raureka Park)	12 and 13 February 2019	9.00am	Council Chamber
Reserve Management Plan Subcommittee (Cornwall Park)	12 and 13 March 2019	9.00am	Council Chamber
Rural Community Board	To be confirmed
Risk & Audit	18 February 2019 (Previously 11 February 2019)	10.00am	Landmarks Room
Community Development	26 February 2019 (Previously 12 February 2019)	1.00pm	Council Chamber
HDC : Maori Joint	6 March 2019 (Previously 27 February 2019)	1.00pm	Council Chamber
Community Development	30 July 2019 (Previously 23 July 2019)	1.00pm	Council Chamber
Strategy, Planning & Partnerships	1 August 2019 (Previously 25 July 2019)	1.00pm	Council Chamber

CARRIED

17.

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

(Document 18/1186)

Councillor Lawson/Councillor Travers

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 6/12/2018 be received.

B) That the LGOIMA requests received in October and November 2018 as set out in Attachment 1 (IRB-2-01-18-1460) of the report in (A) above be noted.

CARRIED

19. Additional Business Items

Mayor Hazlehurst/Councillor Heaps

That the two Additional Business Public Excluded Items:

· Havelock North Booster Pump

· Craggy Range Track

be included on the Agenda as these items could not be delayed due to the timeframe involved with Council negotiations.

20. Extraordinary Business Items

There were no extraordinary business items.

21.

Recommendation to Exclude the Public from Items 22 and 23

SECTION 48, LOCAL GOVERNMENT OFFICIAL INFORMATION AND MEETINGS ACT 1987

Mayor Hazlehurst/Councillor Lyons

THAT the public now be excluded from the following parts of the meeting, namely;

22. CBD Linkage, 200 Block Heretaunga Street West, Laneway, Carpark, Pocket Park to Queen Street West

23. Te Mata Park - Request for Funding to purchase land

24. Havelock North Booster Pump Station

25. Craggy Range Track Remediation

The general subject of the matter to be considered while the public is excluded, the reason for passing this Resolution in relation to the matter and the specific grounds under Section 48 (1) of the Local Government Official Information and Meetings Act 1987 for the passing of this Resolution is as follows:

GENERAL SUBJECT OF EACH MATTER TO BE CONSIDERED

REASON FOR PASSING THIS RESOLUTION IN RELATION TO EACH MATTER, AND PARTICULAR INTERESTS PROTECTED

GROUND(S) UNDER SECTION 48(1) FOR THE PASSING OF EACH RESOLUTION

22. CBD Linkage, 200 Block Heretaunga Street West, Laneway, Carpark, Pocket Park to Queen Street West

Section 7 (2) (i)

The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

To enable confidential negotiations to take place.

Section 48(1)(a)(i)

Where the Local Authority is named or specified in the First Schedule to this Act under Section 6 or 7 (except Section 7(2)(f)(i)) of this Act.

23. Te Mata Park - Request for Funding to purchase land

Section 7 (2) (h)

The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

To enable Council to continue negotiations.

Section 48(1)(a)(i)

Where the Local Authority is named or specified in the First Schedule to this Act under Section 6 or 7 (except Section 7(2)(f)(i)) of this Act.

24. Havelock North Booster Pump Station

Section 7 (2) (b) (ii)

The withholding of the information is necessary to protect information where the making available of the information would be likely to unreasonably prejudice the commercial position of the person who supplied or who is the subject of the information.

The report contains commercially sensitive information.

Section 48(1)(a)(i)

Where the Local Authority is named or specified in the First Schedule to this Act under Section 6 or 7 (except Section 7(2)(f)(i)) of this Act.

25. Craggy Range Track Remediation

Section 7 (2) (i)

The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

To enable Council to undertake confidential negotiations to take place.

Section 48(1)(a)(i)

Where the Local Authority is named or specified in the First Schedule to this Act under Section 6 or 7 (except Section 7(2)(f)(i)) of this Act.

CARRIED

________________________

The meeting closed at 4.55pm

Confirmed:

Chairman:

Date:

Hastings District Council

Lyndon Road East, Hastings 4156