Minutes of Council - Wednesday, 4 October 2023

Council - Part I - 04 October 2023

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 04 October 2023, commencing at 9.03AM

Members

Present:

Grant Smith (The Mayor) (in the Chair) and Councillors Debi Marshall-Lobb, Mark Arnott, Brent Barrett, Rachel Bowen, Vaughan Dennison, Lew Findlay, Roly Fitzgerald, Patrick Handcock, Lorna Johnson, Orphée Mickalad, Karen Naylor, William Wood and Kaydee Zabelin.

Apologies:

Councillors Leonie Hapeta, Billy Meehan and Kaydee Zabelin (early departure).

The Mayor (Grant Smith) was not present when the meeting resumed at 11.36am. He entered the meeting again at 11.53am after the consideration of clause 159. He was not present for clause 159.

Councillor William Wood left the meeting at 12.29pm during consideration of clause 162. He entered the meeting again at 12.36pm after the consideration of clause 163. He was not present for clauses 162 and 163.

Councillor Mark Arnott left the meeting at 12.35pm after the consideration of clause 162. He entered the meeting again at 12.37pm after the consideration of clause 164 He was not present for clauses 163 and 164.

Karakia Timatanga

Councillor Roly Fitzgerald opened the meeting with karakia.

155-23

Apologies

Moved Grant Smith, seconded Debi Marshall-Lobb.

RESOLVED

1. That Council receive the apologies.

Clause 155-23 above was carried 14 votes to 0, the voting being as follows:

For:

The Mayor (Grant Smith) and Councillors Debi Marshall-Lobb, Mark Arnott, Brent Barrett, Rachel Bowen, Vaughan Dennison, Lew Findlay, Roly Fitzgerald, Patrick Handcock, Lorna Johnson, Orphée Mickalad, Karen Naylor, William Wood and Kaydee Zabelin.

156-23

Additional Items

Moved Grant Smith, seconded Debi Marshall-Lobb.

RESOLVED

1. To receive the late item titled ‘Approval for in-country (Japan) travel expenses for Cr Dennison to make diplomatic visits to Palmerston North Sister City, Mihara, and the International Pacific University (IPU) in Okayama, Japan’.

Reason for Lateness: Received from Cr Dennison after agenda was published.

Reason for Urgency: Cr Dennison is travelling before the next ordinary Council meeting.

Clause 156-23 above was carried 13 votes to 0, with 1 abstention, the voting being as follows:

For:

The Mayor (Grant Smith) and Councillors Debi Marshall-Lobb, Mark Arnott, Brent Barrett, Rachel Bowen, Lew Findlay, Roly Fitzgerald, Patrick Handcock, Lorna Johnson, Orphée Mickalad, Karen Naylor, William Wood and Kaydee Zabelin.

Abstained:

Councillor Vaughan Dennison.

Declarations of interest

The Mayor (Grant Smith) declared a conflict of interest in Item 10 ‘Approval for the Mayor to travel to Le Quesnoy in France to attend the Opening of the New Zealand Liberation Museum - Te Arawhata’ (clause 159) and took no further part in discussion or debate on that Item.

Councillor Vaughan Dennison declared a conflict of interest in Item 22 ‘Approval for in-country (Japan) travel expenses for Cr Dennison to make diplomatic visits to Palmerston North Sister City, Mihara, and the International Pacific University (IPU) in Okayama, Japan’ (clause 160) and took no further part in discussion or debate on that Item.

157-23

Confirmation of Minutes

Moved Grant Smith, seconded Debi Marshall-Lobb.

RESOLVED

1. That the minutes of the ordinary meeting of 6 September 2023 Part I Public be confirmed as a true and correct record.

2. That the minutes of the extraordinary meeting of 27 September 2023 Part I Public be confirmed as a true and correct record.

Clause 157-23 above was carried 13 votes to 0, with 1 abstention, the voting being as follows:

For:

Abstained:

Councillor Kaydee Zabelin.

Reports

158-23	Housing outcomes for 17-19 Summerhays Street Report, presented by Bryce Hosking, Group Manager - Property and Resource Recovery. It was agreed to broaden design options by adding three-bedroom dwellings. A motion to amend resolution 1 to incorporate 1.f. was passed. The mover stated that a mix of subsidised and non-subsidised social housing would contribute to operational sustainability of the project and provide support to residents who might not have opportunities to access the private rental market. Elected Members endorsed a layout with a central shared green space to balance the lack of green spaces in proximity of this location.
	Moved Grant Smith, seconded Lorna Johnson. RESOLVED 1. That Council endorse: a. Social housing outcomes for 17-19 Summerhays Street (Option 1); AND b. Medium density housing outcomes for 17-19 Summerhays Street; AND c. Inclusion of sustainable building practices in the development of future options for 17-19 Summerhays Street; AND d. Inclusion of best-practice urban design practices in the development of future options for 17-19 Summerhays Street; AND e. Design options being developed for one-, two- and three-bedroom dwellings within 17-19 Summerhays Street; AND f. The design options include at least one option with a mix of subsidised and non-subsidised social housing. 2. That Council endorse a housing development layout that has: a. Terraced and Duplex Housing with a central shared green space. 3. That Council instruct the Chief Executive to develop designs for the future development of 17-19 Summerhays Street in accordance with the resolutions above.
	Clause 158.1 to 158.3-23 above were carried 14 votes to 0, the voting being as follows: For: The Mayor (Grant Smith) and Councillors Debi Marshall-Lobb, Mark Arnott, Brent Barrett, Rachel Bowen, Vaughan Dennison, Lew Findlay, Roly Fitzgerald, Patrick Handcock, Lorna Johnson, Orphée Mickalad, Karen Naylor, William Wood and Kaydee Zabelin.
	Moved Roly Fitzgerald, seconded Karen Naylor. RESOLVED 4. That it be noted that should the Council look to deliver housing at 17-19 Summerhays Street as community housing and social housing partnerships, the designs are likely to require negotiation with any potential development partner.
	Clause 158.4-23 above was carried 14 votes to 0, the voting being as follows: For: The Mayor (Grant Smith) and Councillors Debi Marshall-Lobb, Mark Arnott, Brent Barrett, Rachel Bowen, Vaughan Dennison, Lew Findlay, Roly Fitzgerald, Patrick Handcock, Lorna Johnson, Orphée Mickalad, Karen Naylor, William Wood and Kaydee Zabelin.
	Moved William Wood, seconded Rachel Bowen.
	Note: On a motion to amend resolution 1 to add ‘1.f. The design options include at least one option with a mix of subsidised and non-subsidised social housing’, the motion was carried 14 votes to 2, the voting being as follows: For: The Mayor (Grant Smith) and Councillors Debi Marshall-Lobb, Brent Barrett, Rachel Bowen, Vaughan Dennison, Roly Fitzgerald, Patrick Handcock, Lorna Johnson, Orphée Mickalad, Karen Naylor, William Wood and Kaydee Zabelin. Against: Councillors Mark Arnott and Lew Findlay.
	Moved Karen Naylor, seconded Orphée Mickalad.
	Note: On a motion to amend resolution 1 to replace 1.a with ‘Mixed Social and Private Market Housing outcomes for 17-19 Summerhays Street (Option 3)’, the motion was lost 5 votes to 9, the voting being as follows: For: Councillors Debi Marshall-Lobb, Vaughan Dennison, Roly Fitzgerald, Orphée Mickalad and Karen Naylor. Against: The Mayor (Grant Smith) and Councillors Mark Arnott, Brent Barrett, Rachel Bowen, Lew Findlay, Patrick Handcock, Lorna Johnson, William Wood and Kaydee Zabelin.

The meeting adjourned at 11.02am.

The meeting resumed at 11.36am.

The Mayor (Grant Smith) was not present when the meeting resumed.

159-23

Approval for the Mayor to travel to Le Quesnoy in France to attend the Opening of the New Zealand Liberation Museum - Te Arawhata

Memorandum, presented by Waid Crockett, Chief Executive Officer.

Councillor Debi Marshall-Lobb chaired this item.

The mover stated that a leave of absence was appropriate.

Moved Rachel Bowen, seconded Karen Naylor.

RESOLVED

1. That Council grant a leave of absence to the Mayor from 7 October 2023 to 17 October 2023.

Clause 159-23 above was carried 13 votes to 0, the voting being as follows:

For:

Councillors Debi Marshall-Lobb, Mark Arnott, Brent Barrett, Rachel Bowen, Vaughan Dennison, Lew Findlay, Roly Fitzgerald, Patrick Handcock, Lorna Johnson, Orphée Mickalad, Karen Naylor, William Wood and Kaydee Zabelin.

Note:

The Mayor (Grant Smith) declared a conflict of interest and was not present during this item.

The Mayor (Grant Smith) re-entered the meeting at 11.53am.

160-23

Approval for in-country (Japan) travel expenses for Cr Dennison to make diplomatic visits to Palmerston North Sister City, Mihara, and the International Pacific University (IPU) in Okayama, Japan

Memorandum, presented by Councillor Vaughan Dennison.

Moved Grant Smith, seconded Debi Marshall-Lobb.

RESOLVED

1. That Council agree to cover up to $1000 of travel costs associated with Cr. Dennison’s visit to Mihara and Okayama in October-November 2023.

Clause 160-23 above was carried 8 votes to 5, the voting being as follows:

For:

The Mayor (Grant Smith) and Councillors Debi Marshall-Lobb, Mark Arnott, Lew Findlay, Roly Fitzgerald, Patrick Handcock, Orphée Mickalad and Kaydee Zabelin.

Against:

Councillors Brent Barrett, Rachel Bowen, Lorna Johnson, Karen Naylor and William Wood.

Note:

Councillor Vaughan Dennison declared a conflict of interest. He presented the report and answered questions, then withdrew from the discussion and sat in the gallery.

161-23

Turitea Reserve Wind Farm Proposed Change in Purpose

Report, presented by Mike Monaghan, Group Manager Three Waters.

Moved Grant Smith, seconded Debi Marshall-Lobb.

RESOLVED

1. That Council, as the Administering Body of the Turitea Reserve under the Reserves Act 1977, approve the classification under Section 16 of the Reserves Act 1977 (to bring into current legislation) of:

a) Sections 17 and 18 Block XIX Mangahao Survey District held in Record of Title 48653 as Local Purpose Reserve (Water Supply).

2. That Council, as the Administering Body of the Turitea Reserve under the Reserves Act 1977, approve the change in classification under Section 24 of the Reserves Act 1977 of:

a) Areas A, B, C, and D on draft SO 594888 version dated 9 September 2023 being part of Part Section 2 SO 37039, Part Sections 307, 308 & 309 Town of Fitzherbert, Parts Section 276 & 306 Town of Fitzherbert held in Records of Title  WN373/131, WNF4/549 and WNB2/710 from Local Purpose reserve (renewable electricity generation and electricity transmission, water supply and protection of indigenous flora and fauna to Local Purpose reserve (renewable electricity generation and electricity transmission and protection of indigenous flora and fauna); and

b) Sections 17 and 18 Block XIX Mangahao Survey District held in Record of Title 48653 from Local Purpose Reserve (Water Supply) to Local Purpose Reserve (renewable electricity generation and electricity transmission, and protection of indigenous flora and fauna).

3. That Council delegate authority to the Chief Executive to sign and publish the gazette notices required to implement these recommendations.

Clause 161-23 above was carried 14 votes to 0, the voting being as follows:

For:

162-23

Annual Section 10A Dog Control Act 1996 Report 2022/23

Memorandum, presented by Aaron Thornton, Acting Environmental Protection Services Manager.

The officer clarified that the number of dogs euthanised during 2022/23 increased 118% compared to 2021/22.

Councillor William Wood left the meeting at 12.29pm.

Moved Grant Smith, seconded Debi Marshall-Lobb.

RESOLVED

1. That Council receive the report of the Dog Control Policy and Practices for the Palmerston North City Council pursuant to Section 10A of the Dog Control Act 1996 for the period 2022/23, as attached to this memorandum titled ‘Annual Section 10A Dog Control Act 1996 Report’ presented to the Council on 4 October 2023.

Clause 162-23 above was carried 13 votes to 0, the voting being as follows:

For:

Councillor Mark Arnott left the meeting at 12.35pm.

163-23

Council Work Schedule October 2023

Moved Grant Smith, seconded Debi Marshall-Lobb.

RESOLVED

1. That the Council receive its Work Schedule dated 4 October 2023.

Clause 163-23 above was carried 12 votes to 0, the voting being as follows:

For:

The Mayor (Grant Smith) and Councillors Debi Marshall-Lobb, Brent Barrett, Rachel Bowen, Vaughan Dennison, Lew Findlay, Roly Fitzgerald, Patrick Handcock, Lorna Johnson, Orphée Mickalad, Karen Naylor and Kaydee Zabelin.

Councillor William Wood re-entered the meeting at 12.36pm.

Recommendations from Committee Meetings

164-23

Culture & Sport Committee Part I Public - 13 September 2023

Consideration was given to Culture & Sport Committee recommendation stated below.

Moved Rachel Bowen, seconded Grant Smith.

RESOLVED

That the recommendation from the Culture & Sport Committee meeting of 13 September 2023 be adopted:

Options to change the Palmerston North City Coat of Arms (clause 34-23)

1. That Council retain the current Coat of Arms.

Clause 164-23 above was carried 13 votes to 0, the voting being as follows:

For:

Councillor Mark Arnott re-entered the meeting at 12.37pm.

165-23

Strategy & Finance Committee Part I Public - 20 September 2023

Consideration was given to Strategy & Finance Committee recommendations stated below.

Moved Vaughan Dennison, seconded Karen Naylor.

RESOLVED

That the recommendations from the Strategy & Finance Committee meeting of 20 September 2023 be adopted:

Draft Water Supply Bylaw - Deliberations on Submissions (clause 55-23)

1. That Council adopt the Palmerston North Water Supply Bylaw 2024 and the Palmerston North Water Supply Bylaw Administration Manual 2024 (as shown in Attachments 2 and 3), which will come into effect on 1 February 2024.

Ashhurst and Te Apiti Campervan Dump Station Budget (clause 57-23)

1. That Council approve an increase to the budget for Programme 1535 – City-wide: Campervan Dump Stations from $113,595 to $213,595.

2. That Council note that revenue will be increased by $100,000 of secured external funding, subject to consultation on the proposed dump station, for Programme 1535 – City-wide: Campervan Dump Stations, which means there will be no rates impact from increasing the budget.

3. That Council note that, as per the condition of the Ministry of Business, Innovation and Employment funding, consultation on the proposed new campervan dump station will be carried out. The consultation results and any subsequent recommendations will be reported back to Council.

Ashhurst Te Apiti Three Bridges Loop Track Investigations Budget & Waka Kotahi Fund Update (clause 58-23)

1. That Council adds a new operating programme titled ‘Ashhurst Te Apiti Three Bridges Loop Track Investigations’.

2. That Council approves an increase in operating revenue and expenditure budget of $156,875 for the investigations and design phase of the Te Apiti Three Bridges Loop Track programme, this budget to be 100% funded by Waka Kotahi subsidies.

3. That Council instruct the Chief Executive to report back at the conclusion of the Te Apiti Three Bridges Loop Track investigations and design work with a view to applying to Te Ahu a Turanga Recreation Fund for implementation works.

Clause 165-23 above was carried 14 votes to 0, the voting being as follows:

For:

166-23	Community Committee Part I Public - 27 September 2023 Consideration was given to Community Committee recommendations stated below.
	Moved Lorna Johnson, seconded Patrick Handcock. RESOLVED That the recommendations from the Community Committee meeting of 27 September 2023 be adopted: Draft Gambling Venue Policies - Deliberations Report (clause 35-23) 1. That the Committee recommend the Council adopt the Class 4 Gambling Venue Policy 2023, attachment 2 of this memorandum.
	Clause 166.1-23 above was carried 13 votes to 1, the voting being as follows: For: Councillors Debi Marshall-Lobb, Mark Arnott, Brent Barrett, Rachel Bowen, Vaughan Dennison, Lew Findlay, Roly Fitzgerald, Patrick Handcock, Lorna Johnson, Orphée Mickalad, Karen Naylor, William Wood and Kaydee Zabelin. Against: The Mayor (Grant Smith).
	Moved Lorna Johnson, seconded Patrick Handcock. RESOLVED 2. That the Committee recommend the Council adopt the TAB Venue Policy 2023, attachment 3 of this memorandum.
	Clause 166.2-23 above was carried 14 votes to 0, the voting being as follows: For: The Mayor (Grant Smith) and Councillors Debi Marshall-Lobb, Mark Arnott, Brent Barrett, Rachel Bowen, Vaughan Dennison, Lew Findlay, Roly Fitzgerald, Patrick Handcock, Lorna Johnson, Orphée Mickalad, Karen Naylor, William Wood and Kaydee Zabelin.

Exclusion of Public

167-23

Recommendation to Exclude Public

Moved Grant Smith, seconded Debi Marshall-Lobb.

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
17.	Minutes of the ordinary meeting - Part II Confidential - 6 September 2023	For the reasons set out in the ordinary minutes of 6 September 2023, held in public present.
18.	Part IIB: Chief Executive’s Performance Review [Limited circulation]	PRIVACY	s7(2)(a)

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

Anne Herbert (Streamline HR, Director), because of her knowledge and ability to assist the meeting in speaking to the report ‘Chief Executive’s Performance Review’ (Item 18) and answering questions, noting that such person will be present at the meeting only for Item 18.

Clause 167-23 above was carried 14 votes to 0, the voting being as follows:

For:

The public part of the meeting finished at 12.41pm

Confirmed 1 November 2023

Mayor