MINUTES OF Central Hawkes Bay District Council
Council Meeting
HELD AT THE Council Chamber, 28-32
Ruataniwha Street, Waipawa
ON Thursday, 29 August 2019 AT 9.00am
PRESENT: Mayor Alex Walker
Cr Ian Sharp (Deputy Mayor)
Cr Kelly Annand
Cr Tim Aitken
Cr Tim Chote
Cr Gerard Minehan
Cr Brent Muggeridge
Cr David Tennent
Dr Roger Maaka
IN ATTENDANCE: Joshua Lloyd (Group Manager, Community Infrastructure and Development)
Bronda Smith (Group Manager, Corporate Support and Services)
Doug Tate (Group Manager, Customer and Community Partnerships)
Nicola Bousfield (People and Capability Manager)
The meeting opened at 9.05am
1 Prayer
Dr Maaka opened the meeting with a karakia.
Cr Burne-Field approved leave of absence as per June 29th Meeting
3 Declarations of Conflicts of Interest
None
|
Resolved: 19.78 Moved: Cr Ian Sharp Seconded: Cr Kelly Annand THAT the following standing orders are suspended for the duration of the meeting: 20.2 Time limits on speakers 20.5 Members may speak only once 20.6 Limits on number of speakers And that Option C under section 21 General procedures for speaking and moving motions be used for the meeting. Standing orders are recommended to be suspended to enable members to engage in discussion in a free and frank manner. |
Item 7.1 was considered as the first item prior to proceedings from committee and council meetings.
|
Resolved: 19.79 Moved: Cr Gerard Minehan Seconded: Cr Ian Sharp That the minutes of the Ordinary Council Meeting held on 20 June 2019 as circulated, be confirmed as true and correct. |
|
6.1.1 Resolution to apply for funding to Eastern and Central Community Trust |
|
Resolved: 19.80 Moved: Cr Ian Sharp Seconded: Cr Tim Chote
That having considered all matters raised in the report: That Finance and Planning Committee recommend to Council to resolve to apply for funding of $250,000 to the Eastern and Central Community Trust Community Assets and Facilities Fund for Ngā Ara Tipuna –Waipukurau Pā site interpretation.
|
|
6.1.2 Remuneration Authority Determination - Childcare Allowance |
|
Resolved: 19.81 Moved: Cr Ian Sharp Seconded: Cr Tim Aitken
That having considered all matters raised in the report: a) That Council receives the information contained in the report. |
|
That having considered all matters raised in the report: b) That Council agrees to approve payment of a Childcare allowance as per the 2019-2020 determination c) That Council note that if approved, the necessary provisions will be included in the Elected Members Remuneration, Allowances and Reimbursements Policy for Council adoption following the 2019 triennial election. In Favour: Crs Alex Walker, Ian Sharp, Kelly Annand and Tim Aitken Against: Crs Tim Chote, Gerard Minehan, Brent Muggeridge and David Tennent
equal
|
|
|
Cr Sharp stated that many barriers exist for people wanting to represent their communities on Council. He determined that providing a child care allowance was an opportunity to remove one of those barriers. Cr Sharp strongly recommended the recommendation be approved.
Cr Aitken concurred with Cr. Sharp in his reasoning for the recommendation to be approved but insisted the recommendation return to the table for deliberation on a capped value amount per eligible councillor.
Cr Muggeridge opposed the recommendation as it would cost the ratepayer and he saw no reason for it. Cr Muggeridge expressed that everyone has barriers in life and that councillors, not the ratepayer, should pay for their childcare.
Cr Tennent voiced reservations in regards to how the fund would be applied, saying that it is a simplistic answer to the challenge of limited representation in councils. The childcare support could be used by anyone with care responsibilities. However, Cr Tennent fully accepts that councils are overrepresented by older males which he agreed is unfortunate and he would like to see a wider spread of representation and is against the policy. Cr Tennant had changed his mind on the matter and voted against the policy.
Cr Annand questioned whether there was a conflict of interest in the matter as she is potentially a person who could utilise the fund going forward? Cr Annand sought advice from the CEO.
CEO Davidson advises Cr Annand that the point of time when the pecuniary conflict of interest would be executed is when the policy is adopted. Because the policy will determine how the funding is allocated. This decision is to provide officers guidance as to whether we should go ahead and prepare a policy. Therefore it is not necessary to declare a conflict of interest at this moment.
Cr Chote reiterated what he had said at the committee meetings. He has not changed his mind and would be voting against the recommendation.
Mayor Walker pointed out that the guidelines from the remuneration authority on the policy are very clear. There are childcare mechanisms that are excluded from the policy. It is tightly described and not an “open slather” mechanism. And based on a councillor’s salary at the table to pay for the childcare required to do a day’s work every week, would leave over $180 per week for the councillor to do the work at this table. Mayor Walker provided perspective as to why the policy has been suggested and promoted by the remuneration authority, and also promoted by the 32 people in local government in New Zealand who are under the age of 40, who identify childcare as a barrier. Mayor Walker stated that she understands this is potentially an additional amount of money that ratepayers would be asked to contribute to. However, we also have a responsibility to seek as wide a representation as we can to ensure the voices and opinions shared at the table represent across the spectrum, and that people are not unfairly excluded. Therefore Mayor Walker will be voting in support of the recommendation.
Cr Sharp addressed the cost to rate payers as mentioned by other councillors, suggesting the ratepayers may get exceptional value for their money because of the quality of representation they would receive, if this barrier was removed. Cr Sharp pointed out that he has no input into his remuneration or terms of employment or contract, and therefore it is not comparable to a contractor who does have such input to their remuneration. Cr Sharp said that councillors currently claim for expenses associated with representing their community, such as travel expenses, and that childcare is in the same category – a barrier to be removed. There are barriers for all sorts of people not currently represented around the table, but that is not a good enough reason to remove the opportunity for this particular barrier to be removed to allow greater representation at the table.
Division was called in voting. There were 4 votes for and 4 against leaving Mayor Walker, as Chair, with the casting vote.
Mayor Walker stated that tradition would say that the casting vote should be cast to maintain the status quo. Though it pained her to have to cast the vote against the recommendation - Mayor Walker passed her casting vote against the recommendation so as to maintain status quo.
|
Leachate to landfill Irrigation Budget |
|
Resolved: 19.82 Moved: Cr Ian Sharp Seconded: Cr Tim Chote
a) That, approval is given to option two to approve the use of after-care landfill reserve to fund the additional $333,000 to allow the Leachate to Landfill project to be delivered and refund the reserve over the next 10 years.
b) That the report (without attachments) relating to this item be released as publicly available information following the tender process. |
Cr Sharp said he is glad to see resolution to the ongoing leachate issue of 11 years. Council should be congratulated as they have an obligation and moral responsibility to remove leachate from our wastewater ponds, which eventually ends up in our rivers and countryside. Therefore Cr Sharp was very happy to recommend the resolution.
Cr Chote agreed with Cr. Sharp and is very happy with the funding decisions and to see progression of the project.
Cr Tennent said it is fantastic to see the project finally going ahead. Cr Tennent thanked management and staff for their involvement in the process.
Minehan thanked staff for their work on the project and voiced his approval that the project is going ahead.
Mayor Walker supported the recommendation however expressed disappointment at the lack of robust governance input on the project. Mayor Walker acknowledged that the project was founded on some really important environmental principles, however there was not a robust asset management plan in place nor a process comparable in size to work done on the Big Water Story and wastewater issues. Mayor Walker stated that it is for governors to ensure process is legal and that ratepayers’ money is allocated responsibly. Mayor Walker challenged fellow councillors to reflect on the balance between rigour and pace in getting projects across the line.
Sharp – Congratulated staff on their courage to put the project forward given the barriers.
CEO Davidson clarified that 3 independent reports recommended improvement to the quality of the wastewater treatment process and discharge, concluding that removing leachate from the wastewater facility would indeed have a positive effect.
|
6.2 Minutes of the Risk and Audit Committee Meeting held on 15 August 2019 |
|
|
|
6.3 Minutes of the Community Development Committee Meeting held on 15 August 2019 |
|
|
|
6.3.1 Adoption of Economic Development Action Plan |
|
Resolved: 19.85 Moved: Cr Kelly Annand Seconded: Cr Tim Aitken
That having considered all matters raised in the report: a) That the Community Development Committee recommend to Council the adoption of the Central Hawke’s Bay Economic Action Plan with noted changes. |
Mayor Walker said that the Economic Development Action Plan is a great step forward, providing clear direction for the economic future of CHB and demonstrates the role council can play whether through action, advocacy or facilitation. Mayor Walker added it is great to see the changes around forestry incorporated into the action plan.
Cr Annand agreed with Mayor Walker and was pleased to see the EDAP adopted.
|
6.3.2 ADOPTION OF PROJECT CHARTER FOR SECTION 17A REVIEW OF RETIREMENT HOUSING |
|
Resolved: 19.86 Moved: Cr Kelly Annand Seconded: Cr David Tennent
That having considered all matters raised in the report:
a) That the Community Development Committee recommend to Council that the Project Charter for the Section 17a Review of Retirement Housing be adopted.
|
Cr Annand spoke to the motion that this is very exciting and a step in the right direction.
Cr Tennant said it is high time we had a 17a review of retirement housing as we have an underutilised asset that could be developed into something really worthwhile for the district. He wished the incoming council all the best and hoped portfolio growth would result from the review.
|
Resolved: 19.87 Moved: Cr Kelly Annand Seconded: Cr Ian Sharp
That having considered all matters raised in the report: a) That the Community Development Committee recommends to Council to adopt the Libraries Strategic Framework 2019 – 2024.
|
|
6.4 Minutes of the Environment and Regulatory Committee Meeting held on 15 August 2019 |
|
|
|
Submission on the Waste Management and Minimisation Plan 2019 |
|
|
PURPOSE The purpose of this report is to present to Council submissions and feedback received on the Draft Waste Management and Minimisation Plan (WMMP) 2019.
|
|
|
Representatives from Argyll East School presented their submissions.
Neen Kennedy gave a Powerpoint presentation and spoke to her submission.
Cr Sharp enquired if there was a preferred location for an EnviroCentre as raised in Neen Kennedy’s submission. Ms Kennedy responded that it would be preferable for it to be located somewhere visible and easily accessible to the public.
Abby O’Kane presented a submission on behalf of Jennifer Brown.
Cr Tennent questioned why rubbish/recycling collection fees should be subsidised for farmers but not for urban areas?
Miss O’Keane offered that some farmers may not be utilising the existing recycling facilities and that this could be an opportunity to set a precedent, encouraging farmers to recycle plastic waste.
Harold Petherick spoke to his submission.
|
7.2 Deliberations on the Waste Management and Minimisation Plan 2019 |
|
|
Purpose The purpose of this report is to present to Council analysis of the submissions received in relation to the recent Waste Management and Minimisation Plan (WMMP) 2019 consultation. |
|
|
Resolved: 19.90 Moved: Cr David Tennent Seconded: Cr Kelly Annand a) That, having considered all matters raised in the report, that Council deliberates on submissions received on the Draft Waste Management and Minimisation Plan. |
|
|
|
|
|
Cr Annand requested that education and the cost of dumping rubbish be added to the plan for consideration.
Cr Aitken suggested involving schools in the design of responsible waste disposal signs for community placement.
Cr Tennant asked if there are options in the WMMP for the recycling of plastic bale wrap, stating the organisation has a role to play in facilitating, not subsidising a recycling service.
Mayor Walker responded that expansion of rural area provisions is covered in the actions including some practical ideas around recycling bale wrap and other rural waste.
Cr Annand queried whether Enviro Schools reported back to council on a regular basis, as it is important to understand what is happening in this education space, harnessing the next generation’s enthusiasm for environmental sustainability.
Cr Minehan requested in response to Neen Kennedy’s submission that a physical location for an Enviro Centre be explored. Furthermore, that the issue of roadside rubbish dumping be discussed.
Mayor Walker responded that the roadside rubbish issue encompasses a lot of different activities and not just the WMMP but it is feedback that will be noted.
Officers noted an action in the plan’s regulation space to look at the enforcement of littering bylaws.
Mayor Walker requested education be added as a key trend in the plan conclusions.
Cr Sharp congratulated and thanked all involved in the process while expressing his hope that public consultation continues prior to the final plan presentation to Council in September.
Cr Annand thanked all involved and stated that incorporation of public views into the plan is a move in the right direction, paving the way for future development.
Mayor Walker added that it is incredibly powerful how the community has reached out to the Council on the WMMP and ESS. That in aspiring for a waste-free CHB it is important that contributing community members/parties/schools are acknowledged and supported going forward as they are pivotal in plan development. Mayor Walker thanked all involved.
|
7.3 Adoption of Hawke's Bay Civil Defence Group Annual Report 2017/18. |
|
|
PURPOSE The purpose of this report is to procedurally receive the annual report of the Hawke’s Bay Civil Defence Emergency Management (CDEM) Group, covering activities over the 2017/18 year. Ian MacDonald will be attendance for this item where he will speak to local achievements for Civil Defence in Central Hawke’s Bay.
|
|
|
|
|
|
Cr Annand asked for an example of what a recovery tool is?
Mr MacDonald answered that forming groups of people from areas such as business, environment and infrastructure who would be involved in recovery would be one tool. Also deciding what the structure of the group (roles etc.) would look like, getting as much pre-planning done as possible before something happens.
Cr Aitken asked about community resilience - how long does Civil Defence remain in affected areas and what is the follow up process?
Mr Macdonald responded that plans will be reviewed after 2-3 years depending on the complexity. Also the plan is to follow up with locals in the community as to whether the plan works - e.g. Kaikoura review.
Mayor Walker added that as community representatives Council should be touching base regularly with community champions, checking in that they are still engaged, supported and motivated.
|
PURPOSE The purpose of this report is to formally update Council on the Draft District Plan and to consider appointees to the Informal Hearings Panel to consider all submissions on the draft District Plan.
|
|
Resolved: 19.93 Moved: Cr Brent Muggeridge Seconded: Cr Kelly Annand That having considered all matters raised in the report: a) That Council receive the minutes of the District Plan Sub- committee meeting of 14 August 2019. b) That Council adopt the recommendation of the District Plan Subcommittee that the existing District Plan Subcommittee hear the informal submissions and make recommendations on all submissions to Council regarding the draft District Plan. c) That Officers review the Terms of Reference for District Plan Subcommittee to be brought back and considered by Council prior to the District Plan Submission hearings commencing.
|
Cr. Ian Sharp and Cr. Tennant declared a conflict of interest regarding item b). and removed themselves from the table.
Cr. Maaka as the iwi representative on the District Plan Subcommittee commented on the last phases, stating that every aspect had been fully workshopped and debated; that the planning committee recommendation had been thoroughly deliberated; and from an iwi perspective Cr Maaka fully supports the recommendation of the sub-committee.
Cr. Annand asked for clarification on when the District Plan’s budget and on-going costs would be presented to the Council?
Mr Tate intends that the budget would be brought back to the Council table in November.
Mayor. Walker added that remuneration of independent persons on a hearings panel would be tied into the terms of reference to be considered and adopted by present Council, and also into the remuneration policy to be reviewed and adopted by Council post-election.
Tim Chote voiced concerned that elected members not part of the subcommittee and therefore not present at hearings would not have input into recommendations.
Mayor Walker put forward that elected members could opt to observe hearings. Mayor Walker asked how recommendations would come back from a hearings panel to the Council table.
Officers explained that in early 2020, panel members will deliberate on the submissions and take advice from our planning consultants about recommended approaches to address them. Subsequently, another report will be presented to Council for ratification. The final approval or rejection of submissions will be made at the Council table.
Mayor Walker added that at any time the Council could deliberate on recommendations from subcommittee; provide feedback and request further recommendation before final decision.
Cr Muggeridge spoke to point b). of the recommendation pointing out that it would be senseless to remove the people involved thus far from the equation, that he respects their knowledge and the recommendations they will bring to the council.
Cr Annand spoke to the motion and expressed her confidence in the process concurring with Cr Muggeridge that she had confidence in those involved, concluding that the District Plan is a vital strategic document for the community.
Cr Aitken stated that he is comfortable that council will have input into the final decisions on the plan.
Cr Sharp and Cr Tennant returned to the table 10:57am.
|
PURPOSE The matter for consideration by the Council is the draft financial results for 2018/19 and for Council to approve the Carry Forwards and additional Loans.
|
|
Resolved: 19.94 Moved: Cr Ian Sharp Seconded: Cr David Tennent That having considered all matters raised in the report:
a) Council approve the budget allocations proposed to be carried forward from 2018/19 year to 2019/20 year to enable projects to be completed and future work to be funded.
b) Council approve the District Plan loan of $15,462 for a period of 10 years and Water Supply Loan of $266,951 for Operational expenditure for a period of 10 years to fund the additional expenditure required for the 2018/19 financial year. |
Cr Muggeridge – in regards to District Plan spend - pg. 305 - Council were notified November 2018 there would be $110,000 overspend. $77,000 has been spent to date leaving $33,000. Is there further funds in this year’s budget to supplement the $33,000?
Officers informed Council that there is a bigger budget and any surplus from the 2019 $110,000 overspend budget would be added to the 2020 overall budget.
CEO Davidson clarified that while a potential need to loan fund $110,000 was indicated in November 2018, some sub-activities have spent under-budget or there has been more income. Therefore rather than loan funding the whole $110,000 or $77,000 it is recommended that we only loan fund $15,000.
Cr Tennant voiced his disappointment that the Capital Projects Fund is still sitting in deficit after a number of years, stating that it is contrary to policy.
Mayor Walker asked Cr Tennant for suggestion as to where funds could come from to remedy the deficit?
Cr Tennant suggested it was an operational matter.
Mayor Walker thanked Cr Tennant for reminding Council of the issue and asked Mrs Smith to explain why the Capital Projects Fund is currently in deficit?
Mrs Smith explained the deficit was created because payment for the turf was required before the reserves were sold. Also in the process of selling those assets, the Capital Projects Fund went into deficit when payment was made for land surveying and valuation.
Mayor Walker asked if 6 properties were awaiting DOC Reserve status to be lifted
Mr Tate confirmed there are 6 properties and 5 of those are in the final stages of being declassified. The declassification of the 6th property has been delayed due to a legal issue.
CEO Davidson added that while the time the DOC process has taken is frustrating, the land value has increased over time resulting in a healthier Capital Projects Fund.
Cr Muggeridge queried the explanation that the re-valuation is the primary reason for the variance of close to 1.9 million in depreciation (pg. 303-305). Could officers please explain?
Officers explained that recommendation of the re-valuation was that depreciation be adjusted this financial year. We write back out the depreciation and then bring in a new depreciation based on the revaluation requirements, which increases the depreciation expectation in this financial year.
Mayor Walker suggested that Cr Muggeridge’s question would be a good question to put to the auditors when they present the audited accounts with the Annual Report.
Cr Sharp spoke to the motion expressing that he is very happy to move the recommendation, having complete faith in the accuracy of the figures presented.
Cr Tennent gave his compliments to the staff involved.
Mayor Walker stated that the responsibility Council has in taking recommendations is important. That it is recognition of an incredibly valuable improvement in process around finances in this Council, and an important part of how we are assure ratepayers money is used respectfully on the appropriate activities. Mayor Walker reminded all present the report is the culmination of 3 years hard work and transparency before thanking all involved.
|
PURPOSE Each year Council reports on the effectiveness of the Central Hawke’s Bay District Council’s dog policy and control practices. This report is required under the Dog Control Act 1996. The report includes statistics for registrations and complaint investigation, as well as key achievements for the reporting period.
|
|
|
Cr Tennent asked whether the review was useful in for strategic planning going forward.
Officers confirmed the review has been most useful.
Mayor Walker stated that the increase in infringements and prosecutions of those breaking dog control rules is a positive result, as it is our responsible dog owners funding dog control activity via their payment of dog registration fees.
|
PURPOSE The Council is required to report annually on the proceedings and operations of the District Licensing Committee under section 199 of the Sale and Supply of Alcohol Act 2012.
|
|
|
Cr Chote stated that everything is going well and he is happy to move the recommendation.
|
PURPOSE The purpose of the report is for Council to adopt the outcome of the first stage of the Rating Review.
|
|
Resolved: 19.97 Moved: Cr Gerard Minehan Seconded: Cr Tim Chote That having considered all matters raised in the report: a) Council adopts the step one analysis for its activities as per the attached schedule. b) The Property and Building Activity costs be considered within Libraries, Council Administration and Theatres and Halls. |
Cr Sharp recognised the opportunity for new Council to ensure the rating system is equitable, fair and achievable. Cr Sharp wished the new Council well with the review.
Mayor Walker asked Officers if they would go through the funding needs analysis to ensure it is consistent and robust?
Mrs Smith responded it prudent that the new council consider the results of Stage 1 before considering Stage 2.
Cr Muggeridge queried whether Stage 1 could be revisited if necessary.
Mrs Smith confirmed yes.
|
8.1 Organisation Performance and Activity Report June - July |
|
|
PURPOSE The purpose of this report is to present to Council the organisation report for June/July 2019.
|
|
|
Cr Aitken voiced concern over the impact Central Government’s 8 new projects would have on the District Plan.
Cr Tennant congratulated staff on an excellent report.
Mayor Walker acknowledged the high level of transparency presented by the organisation and also commended the visible progress on The Big Water Story.
RESOLUTION TO EXCLUDE THE PUBLIC
|
Resolved: 19.99 Moved: Cr Tim Chote Seconded: Cr David Tennent That the public be excluded from the following parts of the proceedings of this meeting. The general subject matter of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48 of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:
|
|
Resolved: 19.100 Moved: Cr Tim Aitken Seconded: Cr Ian Sharp That Council moves out of Closed Council into Open Council. |
|
Resolved: 19.101 Moved: Cr David Tennent Seconded: Cr Ian Sharp That the next meeting of the Central Hawke's Bay District Council be held on 26 September 2019. |
The Meeting closed at 12:42pm.
The minutes of this meeting were confirmed at the Council Meeting held on 26 September 2019.
...................................................
CHAIRPERSON