Minutes of Council - 29 April 2019

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 29 April 2019, commencing at 9.00am

Members

Present:

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

Apologies:

Councillors Adrian Broad (on Council Business) and Jim Jefferies.

33-19

Apologies

Moved Grant Smith, seconded Tangi Utikere.

RESOLVED

1. That Council receive the apologies.

Clause 33-19 above was carried 13 votes to 0, the voting being as follows:

For:

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

34-19

Confirmation of Minutes

Moved Grant Smith, seconded Tangi Utikere.

RESOLVED

1. That the minutes of the ordinary meeting of 25 March 2019 Part I Public be confirmed as a true and correct record.

Clause 34-19 above was carried 13 votes to 0, the voting being as follows:

For:

Reports

35-19

Review of Representation Arrangements

Memorandum, dated 5 April 2019 presented by the Legal Counsel, John Annabell.

Moved Grant Smith, seconded Tangi Utikere.

RESOLVED

1. That the Determination of the Local Government Commission relating to representation arrangements to apply for the election of Palmerston North City Council to be held on 12 October 2019 be received.

Clause 35-19 above was carried 13 votes to 0, the voting being as follows:

For:

36-19	Funding - Palmerston North Public Sculpture Trust Memorandum, dated 4 April 2019 presented by the General Manager - Community, Debbie Duncan.
	Moved Grant Smith, seconded Tangi Utikere. RESOLVED 1. That the report dated 17 January 2019 and titled “Funding agreement between Palmerston North City Council and Palmerston North Public Sculpture Trust” be uplifted from the table.
	Clause 36.1 above was carried 13 votes to 0, the voting being as follows: For: The Mayor (Grant Smith) and Councillors Brent Barrett, Susan Baty, Rachel Bowen, Gabrielle Bundy-Cooke, Vaughan Dennison, Lew Findlay QSM, Leonie Hapeta, Lorna Johnson, Duncan McCann, Karen Naylor, Bruno Petrenas and Tangi Utikere.
	Moved Grant Smith, seconded Tangi Utikere. 2. That the information contained in the report dated 17 January 2019, ‘Funding agreement between Palmerston North City Council and Palmerston North Public Sculpture Trust” as attached to the memorandum titled “Funding – Palmerston North Public Sculpture Trust” dated 29 April 2019 be received, noting that the Funding Agreement has been withdrawn. 3. That Council approves an increase in operating budget in 2018/19 of $50,000. This will be offset by removing the capital new budget in programme 367 (Public Sculptures/Arts Funding) of $50,000 in 2018/19. 4. That payment of the grant be subject to the Palmerston North Public Sculpture Trust presenting an annual report back to council.
	Clauses 36.2 to 36.4 inclusive above were carried 13 votes to 0, the voting being as follows: For: The Mayor (Grant Smith) and Councillors Brent Barrett, Susan Baty, Rachel Bowen, Gabrielle Bundy-Cooke, Vaughan Dennison, Lew Findlay QSM, Leonie Hapeta, Lorna Johnson, Duncan McCann, Karen Naylor, Bruno Petrenas and Tangi Utikere.

37-19

Approval of international travel for Deputy Mayor, May 2019

Memorandum, dated 9 April 2019 presented by the General Manager – Strategy and Planning, Sheryl Bryant.

Moved Grant Smith, seconded Rachel Bowen.

RESOLVED

1. That the Deputy Mayor be granted approval to travel overseas to Sister City Guiyang in May 2019, and associated business.

Clause 37-19 above was carried 12 votes to 0, the voting being as follows:

For:

Note:

Councillor Tangi Utikere declared a conflict of interest and withdraw from discussion and voting on clause 37-19 above.

38-19	Review of Mayoral Travel Grant for Guiyang Memorandum, dated 9 April 2019 presented by the General Manager – Strategy and Planning, Sheryl Bryant.
	Moved Grant Smith, seconded Tangi Utikere. RESOLVED 1. That the conditions attached to the Palmerston North Mayoral Travel Grant (as adopted by Council on 24 August 2015, resolution 95-15) stipulating age and study timeframe conditions be rescinded.
	Clause 38.1 above was carried 13 votes to 0, the voting being as follows: For: The Mayor (Grant Smith) and Councillors Brent Barrett, Susan Baty, Rachel Bowen, Gabrielle Bundy-Cooke, Vaughan Dennison, Lew Findlay QSM, Leonie Hapeta, Lorna Johnson, Duncan McCann, Karen Naylor, Bruno Petrenas and Tangi Utikere.
	Moved Grant Smith, seconded Tangi Utikere. RESOLVED 2. That the Council note the intention of the Palmerston North Mayoral Travel Grant to be offered to a student from Guiyang for the 2019 Palmerston North City Short Term Study Programme. 3. That Council note that any future conditions attached to the Mayoral Travel Grant will be determined by the International Relations Office, in conjunction with the International Education Leadership Group (or similar) to ensure that the Grant meets the needs of the sector.
	Clauses 38.2 and 38.3 above were carried 12 votes to 1, the voting being as follows: For: The Mayor (Grant Smith) and Councillors Brent Barrett, Susan Baty, Rachel Bowen, Gabrielle Bundy-Cooke, Vaughan Dennison, Lew Findlay QSM, Leonie Hapeta, Lorna Johnson, Duncan McCann, Bruno Petrenas and Tangi Utikere. Against: Councillor Karen Naylor.

39-19

Sectional District Plan Review: Final Approval of Plan Change 22A-G

Memorandum, dated 11 April 2019 presented by the City Planning Manager, David Murphy.

Moved Grant Smith, seconded Tangi Utikere.

RESOLVED

1. That Sectional District Plan Review Proposed Plan Change 22A-G is approved pursuant to Clause 17 of the First Schedule of the Resource Management Act 1991.

2. That the approval of Sectional District Plan Review Proposed Plan Change 22A-G is authorised by affixing the Common Seal of the Palmerston North City Council to the Plan Change.

3. That Sectional District Plan Review Proposed Plan Change 22A-G becomes operative on 13 May 2019 pursuant to Clause 20 of the First Schedule of the Resource Management Act 1991.

4. That the resolution to make Sectional District Plan Review Proposed Plan Changes 22A-G operative is publicly notified in accordance with Clause 20 of the First Schedule of the Resource Management Act 1991.

5. That the minor amendment to policy 1.5 of the subdivision section as detailed in the memorandum dated 11 April 2019 and titled “Sectional District Plan Review: Final Approval of Plan Change 22A-G” is approved under clause 16(2) of the Resource Management Act 1991.

Clause 39-19 above was carried 13 votes to 0, the voting being as follows:

For:

40-19

Council Work Schedule

Moved Grant Smith, seconded Tangi Utikere.

RESOLVED

1. That the Council receive its Work Schedule dated April 2019.

Clause 40-19 above was carried 13 votes to 0, the voting being as follows:

For:

Recommendations from Committee Meetings

41-19	Planning and Strategy Committee Part I Public - 1 April 2019 Consideration was given to Planning and Strategy Committee recommendations as appended to these minutes. The meeting adjourned at 10.02am The meeting resumed at 10.21am During discussion Elected Members believed there was a lot of information required such as costs and a report of the Library prior to endorsement of any plan. There was also a need to engage more with stakeholders and consult with the community regarding a draft plan.
	Moved Karen Naylor, seconded Rachel Bowen. RESOLVED 1. That the Civic and Cultural Precinct masterplan be referred back to the Planning and Strategy Committee with the intent to undertake public consultation on the plan as a draft, including library options, costings and timeline.
	Clause 41-19 above was carried 13 votes to 0, the voting being as follows: For: The Mayor (Grant Smith) and Councillors Brent Barrett, Susan Baty, Rachel Bowen, Gabrielle Bundy-Cooke, Vaughan Dennison, Lew Findlay QSM, Leonie Hapeta, Lorna Johnson, Duncan McCann, Karen Naylor, Bruno Petrenas and Tangi Utikere.
	Moved Duncan McCann, seconded Rachel Bowen Note: On a motion “that clause 16-19.1 of the Committee's recommendations be adopted”, the motion was tied 6 votes to 6, with 1 abstention. The chairperson declared the motion lost due to a lack of majority, the voting being as follows: For: The Mayor (Grant Smith) and Councillors Brent Barrett, Susan Baty, Rachel Bowen, Gabrielle Bundy-Cooke and Duncan McCann. Against: Councillors Vaughan Dennison, Lew Findlay QSM, Lorna Johnson, Karen Naylor, Bruno Petrenas and Tangi Utikere. Abstained: Councillor Leonie Hapeta.

42-19	Sport and Recreation Committee Part I Public - 8 April 2019 Consideration was given to Sport and Recreation Committee recommendations as appended to these minutes.
	Moved Leonie Hapeta, seconded Duncan McCann. RESOLVED 1. That clauses 16-19.1 and 16-19.2 of the Committee's recommendations be adopted.
	Clause 42.1 above was carried 12 votes to 1, the voting being as follows: For: The Mayor (Grant Smith) and Councillors Brent Barrett, Susan Baty, Rachel Bowen, Gabrielle Bundy-Cooke, Lew Findlay QSM, Leonie Hapeta, Lorna Johnson, Duncan McCann, Karen Naylor, Bruno Petrenas and Tangi Utikere. Against: Councillor Vaughan Dennison.
	Moved Leonie Hapeta, seconded Duncan McCann. 2. That the balance of the Committee’s recommendations be adopted.
	Clause 42.2 above was carried 13 votes to 0, the voting being as follows: For: The Mayor (Grant Smith) and Councillors Brent Barrett, Susan Baty, Rachel Bowen, Gabrielle Bundy-Cooke, Vaughan Dennison, Lew Findlay QSM, Leonie Hapeta, Lorna Johnson, Duncan McCann, Karen Naylor, Bruno Petrenas and Tangi Utikere.

43-19

Finance and Performance Committee Part I Public - 15 April 2019

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

Moved Susan Baty, seconded Tangi Utikere.

RESOLVED

1. That the Committee's recommendations be adopted.

Clause 43-19 above was carried 13 votes to 0, the voting being as follows:

For:

44-19

Arts, Culture and Heritage Committee Part I Public - 15 April 2019

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

Moved Rachel Bowen, seconded Duncan McCann.

RESOLVED

1. That the Committee's recommendations be adopted.

Clause 44-19 above was carried 12 votes to 0, with 1 abstention, the voting being as follows:

For:

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

Abstained:

Councillor Leonie Hapeta.

Exclusion of Public

45-19

Recommendation to Exclude Public

Moved Grant Smith, seconded Tangi Utikere.

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 - 25 March 2019	For the reasons set out in the ordinary minutes of 25 March 2019, held in public present.
17.	Presentation of the Part II Confidential Finance and Performance Committee Recommendations from its 15 April 2019 Meeting	For the reasons set out in the agenda of 15 April 2019, held in public present.

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.

Chief Executive (Heather Shotter), Chief Financial Officer (Grant Elliott), Chief Infrastructure Officer (Tom Williams), General Manager – Strategy and Planning (Sheryl Bryant), General Manager - Community (Debbie Duncan), Chief Customer and Operating Officer (Chris Dyhrberg), General Manager - Marketing and Communications (Sacha Haskell), Sandra King (Executive Officer) 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 Executive Leadership 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.

Committee Administrators (Penny Odell, Rachel Corser, Courtney Kibby and Natalya Kushnirenko), because of their knowledge and ability to provide the meeting with procedural advice and record the proceedings of the meeting.

Clause 45-19 above was carried 13 votes to 0, the voting being as follows:

For:

The public part of the meeting finished at 10.38am

Confirmed 27 May 2019

Mayor

Council - Part I 29 April 2019

Recommendations from Committee

TO: Council

MEETING DATE: 29 April 2019

TITLE: Presentation of the Part I Public Finance and Performance Committee Recommendations from its 15 April 2019 Meeting

Set out below are the recommendations only from the Finance and Performance Committee meeting Part I Public held on 15 April 2019. The Council may resolve to adopt, amend, receive, note or not adopt any such recommendations. (SO 3.18.1)

24-19

Huia Street Reserve

Memorandum, dated 29 March 2019 presented by the City Planning Manager, David Murphy and the Property Manager, Bryce Hosking.

The COMMITTEE RECOMMENDS

1. That the Chief Executive be authorised to prepare a consultation document and undertake a consultation process under the Local Government Act 2002 prior to the Council making a decision about engaging with Parliament to initiate an amendment to the Palmerston North Reserves Act 1922 and / or the Palmerston North Reserve Empowering Act 1966 to enable the disposal or development of Huia Street Reserve (Lots 3 4 Pt Lots 1 2 DP 545) for an alternative use.

2. That it be noted that should an amendment to the Palmerston North Reserves Act 1922 and / or the Palmerston North Reserve Empowering Act 1966 be enacted or made by Parliament that the disposal or development of Huia Street Reserve (Lots 3 4 Pt Lots 1 2 DP 545) may be subject to further consultation by the Council under the Local Government Act 2002 and / or Reserves Act 1977 and Resource Management Act 1991.

3. That the Council receive the residential development scenarios prepared for the Huia Street Reserve report dated 29 March 2019 that demonstrate one option (residential development) for how the Huia Street Reserve could be used in the future, noting that any final decision on the future use of the reserve is subject to an amendment to the Palmerston North Reserves Act 1922 and / or the Palmerston North Reserve Empowering Act 1966 and the results of public consultation under the Local Government Act 2002 and / or Reserves Act 1977 and Resource Management Act 1991.

25-19

Fees and Charges Review

Report, dated 29 March 2019 presented by the Chief Financial Officer, Grant Elliott.

The COMMITTEE RECOMMENDS

1. That the report titled `Fees and Charges Review’ dated 29 March 2019 be received and the current status of fees and charges be noted.

Trade waste

2. That the proposal to adopt updated fees and charges for Trade Waste services effective from 1 July 2019 as attached in Appendix 2 of the report titled `Fees and Charges Review’ dated 29 March 2019, be approved for public consultation and the Chief Executive be authorised to undertake the necessary consultative process under sections 82 and 150 of the Local Government Act 2002.

Planning & Miscellaneous

3. That the Statement of Proposal (and the associated summary) to adopt updated fees and charges for Planning Services and Miscellaneous Services effective from 1 July 2019 as attached in Appendix 3 of the report titled `Fees and Charges Review’ dated 29 March 2019, be approved for public consultation and the Chief Executive be authorised to undertake the necessary consultative process under sections 83 and 150 of the Local Government Act 2002.

Building

4. That the fees and charges for Building Services, as proposed in Appendix 4 of the report titled `Fees and Charges Review’ dated 29 March 2019 be adopted and following public notification take effect from 1 July 2019.

Environmental Health

5. That the fees and charges for Environmental Health Services (in terms of regulation 7 of the Health (Registration of Premises) Regulations 1966) as proposed in Appendix 5 of the report titled `Fees and Charges Review’ dated 29 March 2019, be adopted and following public notification, take effect from 1 July 2019.

Animal Control

6. That the fees and charges for the Impounding of Animals (in terms of section 14 of the Impounding Act 1955) and for Dog Registration and Dog Impounding (in terms of sections 37 and 68 of the Dog Control Act 1996) as proposed in Appendix 6 of the report titled `Fees and Charges Review’ dated 29 March 2019 be adopted, and once following public notification, take effect from 1 July 2019.

Burial & Cremation

7. That the fees and charges for Burial and Cremation, as proposed in Appendix 7 of the report titled `Fees and Charges Review’ dated 29 March 2019 be adopted and following public notification take effect from 1 July 2019.

Service Connections

8. That the fees and charges for Service Connections, as proposed in Appendix 8 of the report titled `Fees and Charges Review’ dated 29 March 2019 be adopted and take effect from 1 July 2019.

Recycling Charges

9. That the fees and charges for Recycling as proposed in Appendix 9 of the report titled `Fees and Charges Review’ dated 29 March 2019 be adopted and take effect from 1 May 2019.

10. That a review of the charging structure for animal control fees be undertaken to explore a mechanism to shift the fee burden to non- compliant dog owners and reported back to the Finance and Performance Committee.

Attachments

Nil