Minutes of Council - 28 August 2017

Palmerston North City Council

Minutes of the Council Meeting Part I Public, held in the Council Chamber, First Floor, Civic Administration Building, 32 The Square, Palmerston North on 28 August 2017, commencing at 9.00am

Members

Present:

The Mayor (Grant Smith) (in the Chair) and Councillors Brent Barrett, Susan Baty, Rachel Bowen, Adrian Broad, Gabrielle Bundy-Cooke, Vaughan Dennison, Lew Findlay QSM, Leonie Hapeta, Jim Jefferies, Lorna Johnson, Duncan McCann, Karen Naylor, Bruno Petrenas and Tangi Utikere.

Apologies:

Councillors Rachel Bowen (early departure on Council Business) and Aleisha Rutherford (for lateness).

Councillor Rachel Bowen left the meeting at 10.24am during consideration of clause 133. She was not present for clauses 133 to 137 inclusive.

117-17

Apologies

Moved Grant Smith, seconded Tangi Utikere.

RESOLVED

1. That Council receive the apologies.

Clause 117.1 above was carried 15 votes to 0, the voting being as follows:

For:

The Mayor (Grant Smith) and Councillors, Brent Barrett, Susan Baty, Rachel Bowen, Adrian Broad, Gabrielle Bundy-Cooke, Vaughan Dennison, Lew Findlay QSM, Leonie Hapeta, Jim Jefferies, Lorna Johnson, Duncan McCann, Karen Naylor, Bruno Petrenas and Tangi Utikere

118-17

Urgent Late Item

Moved Grant Smith, seconded Tangi Utikere.

RESOLVED

1. That subject to Section 46A(7) of the Local Government Official Information and Meetings Act 1987 and in accordance with the advice by the Chairperson the following item be considered as an urgent item:

(i) Memorandum, dated 28 August 2017, from the Mayor, Grant Smith, titled “Memorandum of Understanding - Development”. Part II item.

As the item was not available at the time the Agenda was circulated; and consideration of the items was a matter of urgency, requiring a decision without delay to enable the Council to manage relationships, meet deadlines, finalise decisions and receive information within agreed timeframes.

Clause 118.1 above was carried 15 votes to 0, the voting being as follows:

For:

The Mayor (Grant Smith) and Councillors Brent Barrett, Susan Baty, Rachel Bowen, Adrian Broad, Gabrielle Bundy-Cooke, Vaughan Dennison, Lew Findlay QSM, Leonie Hapeta, Jim Jefferies, Lorna Johnson, Duncan McCann, Karen Naylor, Bruno Petrenas and Tangi Utikere.

119-17	Confirmation of Minutes
	Moved Grant Smith, seconded Susan Baty. RESOLVED 1. That the minutes of the ordinary meeting of 26 June 2017 Part I Public be confirmed as a true and correct record.
	Clause 119.1 above was carried 14 votes to 0, with 1 abstention, the voting being as follows: For: The Mayor (Grant Smith) and Councillors Brent Barrett, Susan Baty, Rachel Bowen, Adrian Broad, Gabrielle Bundy-Cooke, Vaughan Dennison, Lew Findlay QSM, Leonie Hapeta, Jim Jefferies, Lorna Johnson, Duncan McCann, Karen Naylor and Bruno Petrenas. Abstained: Councillor Tangi Utikere.
	Moved Grant Smith, seconded Susan Baty. 2. That the minutes of the extraordinary meeting of 7 August 2017 Part I Public be confirmed as a true and correct record.
	Clause 119.2 above was carried 14 votes to 0, with 1 abstention, the voting being as follows: For: The Mayor (Grant Smith) and Councillors Brent Barrett, Susan Baty, Rachel Bowen, Adrian Broad, Gabrielle Bundy-Cooke, Vaughan Dennison, Lew Findlay QSM, Jim Jefferies, Lorna Johnson, Duncan McCann, Karen Naylor, Bruno Petrenas and Tangi Utikere. Abstained: Councillor Leonie Hapeta.

Reports

120-17

Events Manawatu Trust Board - Exemption from being a Council- Controlled Organisation

Memorandum, dated 16 August 2017 from the Strategy Manager Finance, Steve Paterson.

Moved Vaughan Dennison, seconded Rachel Bowen.

RESOLVED

1. That the Events Manawatu Trust Board be exempted from being a Council-Controlled Organisation effective from 16 August 2016 pursuant to section 7(3) Local Government Act 2002.

Clause 120.1 above was carried 15 votes to 0, the voting being as follows:

For:

121-17

Caccia Birch Trust Board & Globe Theatre Trust - Exemption from being a Council-Controlled Organisation

Memorandum, dated 21 August 2017 from the Strategy Manager Finance, Steve Paterson.

Moved Vaughan Dennison, seconded Grant Smith.

RESOLVED

1. That the Caccia Birch Trust Board be exempted from being a Council-Controlled Organisation pursuant to section 7(3) Local Government Act 2002.

2. That, subject to receipt of a formal request to do so from the Globe Theatre Trust Board, the Globe Theatre Trust be exempted from being a Council-Controlled Organisation pursuant to section 7(3) Local Government Act 2002.

Clause 121-17 above was carried 14 votes to 1, the voting being as follows:

For:

The Mayor (Grant Smith) and Councillors Brent Barrett, Susan Baty, Rachel Bowen, Adrian Broad, Gabrielle Bundy-Cooke, Vaughan Dennison, Lew Findlay QSM, Jim Jefferies, Lorna Johnson, Duncan McCann, Karen Naylor, Bruno Petrenas and Tangi Utikere

Against:

Councillor Leonie Hapeta.

122-17

Support for Te Manawa

Memorandum, dated 18 August 2017 from the General Manager - City Future, Sheryl Bryant and the Chief Financial Officer, Grant Elliott.

Moved Leonie Hapeta, seconded Duncan McCann.

RESOLVED

1. That funding support of $40,000 be provided to Te Manawa in order to progress high level planning and business case development for Options A (new build museum) and B (repurpose/ new build museum) to enable consideration of its proposals as part of the Long Term Plan process.

2. That the funding support referred in recommendation 1 be approved as an unbudgeted item.

Clause 122-17 above was carried 15 votes to 0, the voting being as follows:

For:

123-17

RMA Commissioner Schedule

Memorandum, dated 4 July 2017 from the Governance & Support Team Leader, Kyle Whitfield and the Legal Counsel, John Annabell.

Moved Grant Smith, seconded Rachel Bowen.

RESOLVED

1. That the Resource Management Act 1991 Commissioner Schedule be reviewed in the manner indicated in the memorandum dated 4 July 2017 and entitled “RMA Commissioner Schedule.”.

Clause 123.1 above was carried 15 votes to 0, the voting being as follows:

For:

124-17

Changes to the Governance and Administration of the Manawatu-Wanganui Regional Disaster Relief Trust

Memorandum, dated 20 July 2017 from the Governance & Support Team Leader, Kyle Whitfield.

Moved Grant Smith, seconded Tangi Utikere.

RESOLVED

1. To confirm the appointment of Cr Vaughan Dennison (Civil Defence Portfolio Lead) as the Palmerston North City Council representative on the Manawatu-Wanganui Regional Disaster Relief Fund Trust Board.

Clause 124.1 above was carried 14 votes to 0, the voting being as follows:

For:

The Mayor (Grant Smith) and Councillors Brent Barrett, Susan Baty, Rachel Bowen, Adrian Broad, Gabrielle Bundy-Cooke, Lew Findlay QSM, Leonie Hapeta, Jim Jefferies, Lorna Johnson, Duncan McCann, Karen Naylor, Bruno Petrenas and Tangi Utikere

NOTE
Councillor Vaughan Dennison declared a conflict of interest and withdrew from discussion and voting on clause 124-17 above.

125-17

Elected Member Remuneration from 1 July 2017

Memorandum, dated 3 August 2017 from the Governance & Support Team Leader, Kyle Whitfield.

Elected Members sought further clarification as to how the additional funds could be allocated and also the option to return the funds.

Moved Vaughan Dennison, seconded Susan Baty.

RESOLVED

1. That the item be left to lie on the table until the September 2017 Council meeting.

Clause 125.1 above was carried 14 votes to 1, the voting being as follows:

For:

Against:

Councillor Karen Naylor.

126-17

Conference Opportunity - Asia-Pacific Cycle Congress

Memorandum, dated 16 August 2017 from the Committee Administrator, Penny Odell.

Moved Brent Barrett, seconded Leonie Hapeta.

RESOLVED

1. That the Committee approve the attendance of up to two elected members to attend, with expenses paid, to Asia-Pacific Cycle Congress being held in Christchurch on Wednesday 18 to Friday 20 October 2017.

2. That registrations of interest be invited from elected members wishing to attend, with expenses paid, and advise the Committee Advisor, Penny Odell, by 12 noon Thursday 31 August 2017.

Clause 126-17 above was carried 15 votes to 0, the voting being as follows:

For:

Recommendations from Committee Meetings

127-17

Planning and Strategy Committee Part I Public - 7 August 2017

Consideration was given to Planning and Strategy Committee recommendations as appended to these minutes.

Moved Tangi Utikere, seconded Rachel Bowen.

RESOLVED

1. That the Committee’s recommendations be adopted.

Clause 127.1 above was carried 14 votes to 0, the voting being as follows:

For:

NOTE
Councillor Duncan McCann declared a conflict of interest and withdrew from discussion and voting on clause 124-17 above.

128-17

Arts, Culture and Heritage Committee Part I Public - 14 August 2017

Consideration was given to Arts, Culture and Heritage Committee recommendations as appended to these minutes.

Moved Rachel Bowen, seconded Jim Jefferies.

RESOLVED

1. That the Committee’s recommendations be adopted.

Clause 128.1 above was carried 15 votes to 0, the voting being as follows:

For:

129-17

Finance and Performance Committee Part I Public - 21 August 2017

Consideration was given to Finance and Performance Committee recommendations as appended to these minutes.

Moved Susan Baty, seconded Jim Jefferies.

RESOLVED

1. That the Committee’s recommendations be adopted.

Clause 129.1 above was carried 13 votes to 0, with 2 abstentions, the voting being as follows:

For:

Abstained:

Councillors Tangi Utikere and Leonie Hapeta.

130-17

Audit and Risk Committee Part I Public - 21 August 2017

Consideration was given to Audit and Risk Committee recommendations as appended to these minutes.

Moved Vaughan Dennison, seconded Bruno Petrenas.

RESOLVED

1. That the Committee’s recommendations be adopted.

Clause 130.1 above was carried 13 votes to 0, with 2 abstentions, the voting being as follows:

For:

Abstained:

Councillors Tangi Utikere and Leonie Hapeta.

Exclusion of Public

131-17

Recommendation to Exclude Public

Moved Grant Smith, seconded Bruno Petrenas.

RESOLVED

“That the public be excluded from the following parts of the proceedings of this meeting listed in the table below.

The general subject 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(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

General subject of each matter to be considered		Reason for passing this resolution in relation to each matter	Ground(s) under Section 48(1) for passing this resolution
16.	Minutes of the ordinary meeting - Part II Confidential - 26 June 2017 and the extraordinary meeting - Part II Confidential - 7 August 2017	For the reasons setout in the ordinary minutes of 26 June 2017 and the extraordinary minutes of 7 August 2017, held in public present.
17.	Director and Trustee Appointments	Privacy	s7(2)(a)
18.	Toyota Distribution Warehouse Extension - Development Contributions Payable	Negotiations	s7(2)(i)
19.	Presentation of the Part II Confidential Planning and Strategy Committee Recommendations from its 7 August 2017 Meeting	Legal Privilege	s7(2)(g)
20.	Presentation of the Part II Confidential Finance and Performance Committee Recommendations from its 21 August 2017 Meeting	Commercial Activities, Privacy and Negotiations	s7(2)(h), s7(2)(a) and s7(2)(i)
21.	Memorandum of Understanding – Development (Late Item)	Commercial Activities	s7(2)(h)

This resolution is made in reliance on Section 48(1)(a) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by Section 6 or Section 7 of that Act which would be prejudiced by the holding of the whole or the relevant part of the proceedings of the meeting in public as stated in the above table.

Also that the persons listed below be permitted to remain after the public has been excluded for the reasons stated.

Acting Chief Executive (David Wright), Chief Financial Officer (Grant Elliott), General Manager, City Enterprises (Ray McIndoe), General Manager, City Future (Sheryl Bryant), General Manager, City Networks (Ray Swadel), General Manager, Customer Services (Peter Eathorne), General Manager, Libraries and Community Services (Debbie Duncan), Human Resources Manager (Wayne Wilson) and Acting Strategic Communications Manager (Jane McSweeney) because of their knowledge and ability to provide the meeting with advice on matters both from an organisation-wide context (being members of the Council’s Management Team) and also from their specific role within the Council.

Legal Counsel (John Annabell), because of his knowledge and ability to provide the meeting with legal and procedural advice.

Governance and Support Team Leader (Kyle Whitfield) and Committee Administrators (Penny Odell, Carly Chang and Rachel Corser), because of their knowledge and ability to provide the meeting with procedural advice and record the proceedings of the meeting.

City Planning Manager (David Murphy), because of his knowledge and ability to assist the meeting in speaking to the report and answering questions, noting that such officer will be present at the meeting only for the item that relate to their respective report.

Clause 131.1 above was carried 15 votes to 0, the voting being as follows:

For:

The public part of the meeting finished at 10.06am

Confirmed 25 September 2017

Deputy Mayor

Council - Part I 28 August 2017

Recommendations from Committee

TO: Council

MEETING DATE: 28 August 2017

TITLE: Presentation of the Part I Public Arts, Culture and Heritage Committee Recommendations from its 14 August 2017 Meeting

Set out below are the recommendations only from the Arts, Culture and Heritage Committee meeting Part I Public held on 14 August 2017. The Council may resolve to adopt, amend, receive, note or not adopt any such recommendations. (SO 3.18.1)

19-17

Deputation - Te Manawa

The COMMITTEE RECOMMENDS

1. That the Arts, Culture and Heritage Committee receive the deputation for information.

2. That the presentation be referred to the Long Term Plan process.

3. That the Concept Plan be developed further into a staged Master Plan with business case support for the Long Term Plan consideration.

4. That the Chief Executive be instructed to report back to the August Council meeting on how to best achieve recommendation 3.

20-17

Deputation - Palmerston North History Project

The COMMITTEE RECOMMENDS

1. That the Arts, Culture and Heritage Committee receive the deputation for information.

2. That the request for financial support be referred to the Chief Executive.

18-17

Asset Management of Palmerston North Public Art and Register of Council Owned Artwork

Memorandum, dated 21 July 2017 from the Arts Coordinator, Gillian Tasker.

The COMMITTEE RECOMMENDS

1. That Council receive the report titled “Asset Management of Palmerston North Public Arts and Register of Council Owned Artwork” and dated 21 July 2017, from the Arts Coordinator, Gillian Tasker, and that it be referred to the Long Term Plan process.

2. That the Chief Executive is instructed to maintain a register of public artworks, including significant works, subject to recommendation 1.

22-17

Military History Exhibition Facility Feasibility Study - extension of scope

Memorandum, dated 28 July 2017 from the Manager - Community Engagement, Ian Littleworth.

The COMMITTEE RECOMMENDS

1. That the memorandum titled “Military History Exhibition Facility Feasibility Study – extension of scope” and dated 28 July 2017 from the Manager – Community Engagement, Ian Littleworth, be received.

2. That the scope of the feasibility study be extended to also include wider museum/heritage issues and opportunities as well as a military history exhibition facility.

3. That the feasibility study be renamed “Military History/Heritage issues and options” to reflect the broader scope of the programme and report back to the November Arts, Culture and Heritage Committee meeting.

24-17

Funding for the Arts

Memorandum, dated 28 July 2017 from the Community Funding Coordinator, Rebecca Hofmann.

The COMMITTEE RECOMMENDS

1. That the memorandum titled “Funding for the Arts” and dated 28 July 2017 from the Community Funding Coordinator, Rebecca Hofmann be received as information.

2. That the Appendix information is referred to the planned review of the Community Funding Policy.

3. That the Chief Executive develop a policy to direct the PNCC contribution to the Creative Communities New Zealand scheme.

23-17

Presentation of Finalised Statements of Intent 2017-2020 for Council-Controlled Organisations (Cultural)

Report, dated 28 July 2017 from the Community Funding Coordinator, Rebecca Hofmann and the Management Accountant, Matt Duxfield.

The COMMITTEE RECOMMENDS

1. That the Statement of Intent 2017-2020 submitted by Caccia Birch Trust Board be approved and Council authorises an increase of $4,431 in Council budget for 2017/18.

2. That the Statement of Intent 2017-2020 submitted by Regent Theatre Trust be approved.

3. That the Statement of Intent 2017-2020 submitted by Globe Theatre Trust Board be approved.

4. That the Statement of Intent 2017-2020 submitted by Te Manawa Museums Trust be approved.

5. That Council authorise commencement of the process of exempting Caccia Birch as a reporting CCO under s 7 of the Local Government Act 2002 and Councillors confirm that the ongoing reporting requirements are to be similar to current requirements, and Council does not require an audit of Caccia Birch and the budgets reduced accordingly, subject to Audit New Zealand agreement.

Attachments

Nil