Minutes of Council - Wednesday, 2 October 2024

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 02 October 2024, commencing at 9.00am

Members

Present:

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

Apologies:

The Mayor (Grant Smith) (absent on Council business), Councillors Billy Meehan and William Wood.

Councillor Orphée Mickalad was not present when the meeting resumed at 1.04pm. He entered the meeting again at 1.37pm after the consideration of clause 167. He was not present for clauses 164 to 167 inclusive.

	Karakia Timatanga
	Councillor Kaydee Zabelin opened the meeting with karakia.

157-24

Apologies

Moved Debi Marshall-Lobb, seconded Patrick Handcock.

RESOLVED

1. That Council receive the apologies.

Clause 157-24 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, Leonie Hapeta, Lorna Johnson, Orphée Mickalad, Karen Naylor and Kaydee Zabelin.

158-24

Notification of Additional Items

Moved Debi Marshall-Lobb, seconded Vaughan Dennison.

RESOLVED

1. That Council agree to receive the following Late Items for the reasons specified:

Review of Delegations to the Jaycee Trust Travelling Fellowships
Reason for lateness: Selection Panel interviews held after Agenda published.

Reason for urgency: To award scholarships for projects taking place in October.

Civic Honours Awards 2024 (Confidential)
Reason for lateness: The Mayor’s availability to review the report.

Reason for urgency: To allow sufficient time for preparation for the ceremony.

Clause 158-24 above was carried 13 votes to 0, the voting being as follows:

For:

Declarations of Interest

Councillor Debi Marshall-Lobb declared a conflict of interest in Item 10: International travel proposed for the Deputy Mayor – December 2024 (clause 164) and Item 20: Appointments to Council Controlled Organisations (clause 176) and indicated she would vacate the Chair for these items and take no part in discussion or debate.

Councillor Mark Arnott declared a conflict of interest in Item 21: Civic Honours Awards 2024 (clause 177) and took not part in discussion or debate.

Councillor Vaughan Dennison declared an interest in Item 8: Central Economic Development Agency Board Appointments (clause 172), Item 20: Appointments to Council-Controlled Organisations (clause 176) and Item 21: Civic Honours Awards 2024 (clause 177) but stated he would consider these items with an open mind. He also declared an interest in Item 9: Appointment to Te Motu o Poutoa Programme Steering Group (clause 165) and took no part in discussion or debate.

Councillor Leonie Hapeta declared an interest in Item 8: Central Economic Development Agency Board Appointments (clause 172) but stated she would consider the item with an open mind.

Councillor Lorna Johnson declared an interest in the late item (Additional Award of 2024 Jaycee Trust Travelling Fellowships) (clause 170) but stated she would consider the item with an open mind.

159-24

Appointment of Chair for Item 10

Moved Debi Marshall-Lobb, seconded Karen Naylor.

RESOLVED

1. That Councillor Vaughan Dennison be appointed as Chair for Item 10.

Clause 159-24 above was carried 12 votes to 0, with 1 abstention, the voting being as follows:

For:

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

Abstained:

Councillor Vaughan Dennison.

160-24

Confirmation of Minutes

Moved Debi Marshall-Lobb, seconded Vaughan Dennison.

RESOLVED

1. That the minutes of the ordinary Council meeting of 4 September 2024 Part I Public be confirmed as a true and correct record.

Clause 160-24 above was carried 13 votes to 0, the voting being as follows:

For:

Recommendations from Committee Meetings

161-24	Rangitāne o Manawatū Committee Part I Public - 11 September 2024 Councillor Debi Marshall-Lobb presented the recommendations below:
	Moved Debi Marshall-Lobb, seconded Karen Naylor. RESOLVED 1. That Council adopt the recommendations from the Rangitāne o Manawatū Committee of 11 September 2024:
*13-24*	Te Motu o Poutoa Development Programme Governance Report, presented by Kathy Dever-Tod, Manager Parks and Reserves. The COMMITTEE RECOMMENDS 1. That Council establish a Programme Steering Group to provide oversight of the Te Motu o Poutoa/Cliff Road development programme. 2. That Council agree the draft terms of reference of the Te Motu o Poutoa Steering Group (Attachment 2).
	Clause 161-24 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, Leonie Hapeta, Lorna Johnson, Orphée Mickalad, Karen Naylor and Kaydee Zabelin.

162-24	Economic Growth Committee Part I Public - 18 September 2024 Councillor Leonie Hapeta presented the recommendations below:
	Moved Leonie Hapeta, seconded Mark Arnott. RESOLVED 1. That Council adopt the recommendations from the Economic Growth Committee of 18 September 2024:
*51-24*	Notice of Motion – Tolling Proposal for Te Ahu a Turanga The Notice of Motion, presented by Councillor Brent Barrett. The COMMITTEE RECOMMENDS 1. That Council lodge a submission calling for Te Ahu a Turanga to be kept free of road tolling. 2. In principle, Palmerston North City Council support the option of tolls on future new roading/highway projects where that is signalled in advance of the project.
	Clause 162-24 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, Leonie Hapeta, Lorna Johnson, Orphée Mickalad, Karen Naylor and Kaydee Zabelin.

Reports

163-24	Transport Funding Implications 2024-2027 Memorandum, presented by Glen O'Connor, Manager - Transport & Development, Scott Mancer, Manager - Finance and James Miguel, Senior Transport Planner. Officers noted an amendment to recommendation e(i) in the report. It should have correctly read “… and debt funding the remaining operational and renewal omissions of circa $1.7M …”.
	Moved Vaughan Dennison, seconded Karen Naylor. RESOLVED 1a. That Council deliver services for the Local Road Pothole Activity Class (resurfacing, drainage, rehabilitations, etc.) and Local Road Operations Activity Class (maintenance and operations of road network), to the NZTA funded levels.
	Clause 163.1-24 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, Leonie Hapeta, Lorna Johnson, Orphée Mickalad, Karen Naylor and Kaydee Zabelin.
	Moved Brent Barrett, seconded Lorna Johnson. Elected Members proposed an alternative motion to make footpath network maintenance a priority, noting that this would meet expectations of our community and those of central government. RESOLVED 1b. That Council deliver services for the Walking and Cycling Activity Class (includes footpaths, cycleways and shared path) by funding $1.1M for footpaths in Year 1 in addition to the funding secured from NZTA.
	Clause 163.2-24 above was carried 12 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 and Kaydee Zabelin. Against: Councillor Leonie Hapeta.
	Note: Moved Vaughan Dennison, seconded Karen Naylor. On a motion: “That Council deliver services for the Walking and Cycling Activity Class (includes footpaths, cycleways and shared path) as funded by NZTA, noting that this is an expenditure reduction of 78% of what was agreed in the Long-Term Plan 2024/34 and would provide a very basic level of service”, the motion was lost 4 votes to 9, the voting being as follows: For: Councillors Mark Arnott, Vaughan Dennison, Leonie Hapeta and Karen Naylor. Against: Councillors Debi Marshall-Lobb, Brent Barrett, Rachel Bowen, Lew Findlay, Roly Fitzgerald, Patrick Handcock, Lorna Johnson, Orphée Mickalad and Kaydee Zabelin.
	The meeting adjourned at 10.37am. The meeting resumed at 10.54am.
	Moved Lorna Johnson, seconded Kaydee Zabelin. A motion was put to prioritise specified projects, to maximise delivery of capital new projects within existing allocated budget, noting co-funding from NZTA has not been granted. RESOLVED 1c. That Council deliver capital new works (upgrades and new assets) by prioritising the following projects from Attachment 2: NZTA Funding Allocation and deferring others to reallocate Council’s local share funding, including but not limited to: # 159 (Kelvin Grove Safety – 5 dips) $1M # 2335 (Stoney Creek Road Safety – intersection near Whakarongo School) $500k # 1804 (city-wide road drainage) $120k
	Clause 163.3-24 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, Leonie Hapeta, Lorna Johnson, Orphée Mickalad, Karen Naylor and Kaydee Zabelin.
	Note: Moved Kaydee Zabelin, seconded Leonie Hapeta. On a motion: “That Council deliver capital new works (upgrades and new assets) as funded by NZTA including the Amberley Avenue bridge and prioritising the following capital new programmes in Year 1: #159 (Kelvin Grove Safety – 5 dips) $1M #2335 (Stoney Creek Road Safety – intersection near Whakarongo School) $500k #1804 (city-wide road drainage) $120k and defer the balance of capital new programmes in Attachment 2: NZTA Funding Allocation to the annual budget process”, the motion was lost 5 votes to 8, the voting being as follows: For: Councillors Mark Arnott, Lew Findlay, Roly Fitzgerald, Leonie Hapeta and Kaydee Zabelin. Against: Councillors Debi Marshall-Lobb, Brent Barrett, Rachel Bowen, Vaughan Dennison, Patrick Handcock, Lorna Johnson, Orphée Mickalad and Karen Naylor.
	Moved Lorna Johnson, seconded Rachel Bowen. A motion was put to deliver the Manawatū Regional Freight Ring Road Business Case by reallocating debt already agreed in the 2024/25 budget. RESOLVED 1d. That Council deliver the Manawatū Regional Freight Ring Road Business Case by reallocation of $100k transport debt funding.
	Clause 163.4-24 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, Leonie Hapeta, Lorna Johnson, Orphée Mickalad, Karen Naylor and Kaydee Zabelin.
	Note: Moved Vaughan Dennison, seconded Karen Naylor. On a motion: “That Council deliver the Manawatū Regional Freight Ring Road Business Case by reallocating Council’s local share funding in 2024/25”, the motion was lost 6 votes to 7, the voting being as follows: For: Councillors Debi Marshall-Lobb, Mark Arnott, Vaughan Dennison, Leonie Hapeta, Orphée Mickalad and Karen Naylor. Against: Councillors Brent Barrett, Rachel Bowen, Lew Findlay, Roly Fitzgerald, Patrick Handcock, Lorna Johnson and Kaydee Zabelin.
	Moved Brent Barrett, seconded Lorna Johnson. RESOLVED 1e. That Council cover the omissions identified in Attachment 1 by reallocating Council’s local share funding, as outlined in Table 2; and debt funding the remaining operational and renewal omissions of circa $1.7M, as shown in Table 2.
	Clause 163.5-24 above was carried 10 votes to 3, the voting being as follows: For: Councillors Debi Marshall-Lobb, Brent Barrett, Rachel Bowen, Vaughan Dennison, Lew Findlay, Roly Fitzgerald, Patrick Handcock, Lorna Johnson, Orphée Mickalad and Kaydee Zabelin. Against: Councillors Mark Arnott, Leonie Hapeta and Karen Naylor.
	Note: Moved Karen Naylor, seconded Vaughan Dennison. On a motion: “That the Chief Executive provide options to reprioritise operational and renewal budgets to keep within the approved budget for Year 1 of the LTP”, the motion was lost 5 votes to 8, the voting being as follows: For: Councillors Mark Arnott, Vaughan Dennison, Leonie Hapeta, Orphée Mickalad and Karen Naylor. Against: Councillors Debi Marshall-Lobb, Brent Barrett, Rachel Bowen, Lew Findlay, Roly Fitzgerald, Patrick Handcock, Lorna Johnson and Kaydee Zabelin.
	Moved Lorna Johnson, seconded Rachel Bowen. RESOLVED 1. That the Chief Executive investigate financial modelling, service levels and any other potential consequences of the above and report back to Council on 6 November 2024 for finalisation of Year 1 (FY 2024/25) decisions and to refer proposals to the Year 2 (FY 2025/26) and Year 3 (FY 2026/27) Annual Plan processes.
	Clause 163.6-24 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, Leonie Hapeta, Lorna Johnson, Orphée Mickalad, Karen Naylor and Kaydee Zabelin.

The meeting adjourned at 12.05pm.
The meeting resumed at 1.04pm.

When the meeting resumed Councillor Vaughan Dennison took the Chair, and Councillor Orphée Mickalad was not present.

164-24

International Travel Proposed for the Deputy Mayor - December 2024

Memorandum, presented by Gabrielle Loga, Manager International Relations.

Moved Vaughan Dennison, seconded Leonie Hapeta.

RESOLVED

1. That Council approve the Deputy Mayor’s travel to Fuzhou, China from 4 December until 9 December 2024.

2. That Council approve up to $1000 of incidental costs associated with the Deputy Mayor’s travel to Fuzhou, China.

3. That Council note that the Mayor’s previously approved travel to China will now be limited to the China International Friendship Cities Conference in Kunming (representing Global Cities New Zealand).

Clause 164-24 above was carried 10 votes to 0, the voting being as follows:

For:

Councillors Mark Arnott, Brent Barrett, Rachel Bowen, Vaughan Dennison, Roly Fitzgerald, Patrick Handcock, Leonie Hapeta, Lorna Johnson, Karen Naylor and Kaydee Zabelin.

Note:
Councillor Debi Marshall-Lobb declared a conflict of interest, vacated the chair and sat in the gallery.

Councillor Lew Findlay did not vote.

Councillor Debi Marshall-Lobb returned to the Chair.

165-24

Appointment to Te Motu o Poutoa Programme Steering Group

Memorandum, presented by Hannah White, Manager- Governance.

Moved Debi Marshall-Lobb, seconded Patrick Handcock.

RESOLVED

1. That Council appoint Councillor Vaughan Dennison as Council’s representative on Te Motu o Poutoa Programme Steering Group until October 2025.

Clause 165-24 above was carried 10 votes to 0, the voting being as follows:

For:

Councillors Debi Marshall-Lobb, Brent Barrett, Rachel Bowen, Lew Findlay, Roly Fitzgerald, Patrick Handcock, Leonie Hapeta, Lorna Johnson, Karen Naylor and Kaydee Zabelin.

Note:
Councillor Vaughan Dennison declared a conflict of interest, withdrew from the discussion and sat in the gallery.

Councillor Mark Arnott did not vote.

166-24

Submission on the Toll Proposal for Te Ahu a Turanga Highway: Manawatū Tararua Highway

Memorandum, presented by James Miguel, Senior Transport Planner.

Moved Debi Marshall-Lobb, seconded Vaughan Dennison.

RESOLVED

1. That Council approve the submission on the Toll Proposal for Te Ahu a Turanga: Manawatū Tararua Highway included as Attachment 1.

2. That the Mayor and Deputy Mayor be authorised to approve minor amendments to the submission on the Toll Proposal for Te Ahu a Turanga: Manawatū Tararua Highway, prior to lodgement with NZTA Waka Kotahi.

Clause 166-24 above was carried 12 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, Leonie Hapeta, Lorna Johnson, Karen Naylor and Kaydee Zabelin.

167-24

Submission on Earthquake-prone Buildings Deadlines Bill

Memorandum, presented by Keegan Aplin-Thane, Senior Planner.

Moved Debi Marshall-Lobb, seconded Vaughan Dennison.

RESOLVED

1. That Council receive the memorandum titled ‘Submission on Earthquake-prone Buildings Deadlines Bill’.

Clause 167-24 above was carried 12 votes to 0, the voting being as follows:

For:

Councillor Orphée Mickalad entered the meeting again at 1.37pm.

168-24

Submission to Smokefree Environments and Regulated Products Amendment Bill (No 2)

Memorandum, presented by Lili Kato Policy Analyst.

Moved Debi Marshall-Lobb, seconded Vaughan Dennison.

RESOLVED

1. That Council receive the memorandum titled ‘Submission to Smokefree Environments and Regulated Products Amendment Bill (No. 2)’.

Clause 168-24 above was carried 13 votes to 0, the voting being as follows:

For:

169-24

Annual Meeting Calendar 2025

Memorandum, presented by Hannah White, Manager - Governance.

Moved Debi Marshall-Lobb, seconded Vaughan Dennison.

RESOLVED

1. That Council adopt the Annual Meeting Calendar 2025 (Attachment 1).

Clause 169-24 above was carried 12 votes to 1, the voting being as follows:

For:

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

Against:

Councillor Roly Fitzgerald.

170-24

Additional Award of 2024 Jaycee Trust Travelling Fellowships
Memorandum, presented by Hannah White, Manager - Governance.

Moved Debi Marshall-Lobb, seconded Vaughan Dennison.

RESOLVED

1. That Council delegate authority to the Jaycee Trust Travelling Fellowship Selection Panel to grant any number of travelling fellowships up to a total amount of no more than $20,000 for the year 2024/25.

Clause 170-24 above was carried 13 votes to 0, the voting being as follows:

For:

Note:
Councillor Lorna Johnson declared an interest but stated she would consider the item with an open mind.

171-24

Council Work Schedule

Moved Debi Marshall-Lobb, seconded Vaughan Dennison.

RESOLVED

1. That Council receive its Work Schedule dated 2 October 2024.

Clause 171-24 above was carried 13 votes to 0, the voting being as follows:

For:

172-24

Central Economic Development Agency Board Appointments

Memorandum, presented by Hannah White, Manager Governance.

A motion was put that the appointment process should be in line with policy. The mover indicated that all candidates should undergo a fair appointment process, whether incumbent or not.

Moved Kaydee Zabelin, seconded Karen Naylor.

RESOLVED

1. That the Electoral College be requested to provide an alternative recommendation that is in line with the CEDA Appointment of Directors Policy, as set out in section 3.2 in the report.

2. That the Chief Executive undertake a review of the CEDA Appointment of Directors Policy, and the Appointment of Directors Policy (PNCC) with particular regard to the scope of definitions.

Clause 172-24 above was carried 13 votes to 0, the voting being as follows:

For:

Note:
Councillor Vaughan Dennison declared an interest but stated he would consider the item with an open mind.

Councillor Leonie Hapeta declared an interest but stated she would consider the item with an open mind.

Note:

Moved Vaughan Dennison, seconded Leonie Hapeta.

On a motion:

“1. That Council appoint Bobbie O’Fee as director and chair of Central Economic Development Agency until 31 December 2027.

2. That Council appoint Margy Maré and David Norman as directors of Central Economic Development Agency until 31 December 2026.

3. That Council note the total operating grant to Central Economic Development Agency will remain unchanged.

4. That Council note advertising will not be necessary as the reappointment of the members above will ensure continuity of strategic direction, noting that this is a deviation from the current policy.

5. That Council note its decision 26-24.2 will not take effect.”

The motion was lost 5 votes to 8, the voting being as follows:

For:

Councillors Mark Arnott, Vaughan Dennison, Lew Findlay, Leonie Hapeta and Orphée Mickalad.

Against:

Councillors Debi Marshall-Lobb, Brent Barrett, Rachel Bowen, Roly Fitzgerald, Patrick Handcock, Lorna Johnson, Karen Naylor and Kaydee Zabelin.

Note:

Moved Vaughan Dennison, seconded Debi Marshall-Lobb.

On a motion: 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
8.	Central Economic Development Agency Board Appointments	PRIVACY: This information needs to be kept private to protect personal information that is confidential or sensitive. This includes people who are no longer alive	s7(2)(a)

The motion was lost 6 votes to 7, the voting being as follows:

For:

Councillors Debi Marshall-Lobb, Mark Arnott, Vaughan Dennison, Patrick Handcock, Leonie Hapeta and Orphée Mickalad.

Against:

Councillors Brent Barrett, Rachel Bowen, Lew Findlay, Roly Fitzgerald, Lorna Johnson, Karen Naylor and Kaydee Zabelin.

Exclusion of Public

173-24

Recommendation to Exclude Public

Moved Debi Marshall-Lobb, seconded Vaughan Dennison.

RESOLVED

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

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
19.	Confirmation of the minutes of the ordinary Council meeting of 4 September 2024 Part II Confidential	For the reasons set out in the Council of 4 September 2024, held in public present.
20 .	Appointments to Council-Controlled Organisations	PRIVACY: This information needs to be kept private to protect personal information that is confidential or sensitive. This includes people who are no longer alive	s7(2)(a)
21.	Civic Honours Awards 2024	PRIVACY: This information needs to be kept private to protect personal information that is confidential or sensitive. This includes people who are no longer alive	s7(2)(a)
22.	Presentation of the Part II Confidential Economic Growth Committee Recommendations from its 18 September 2024 Meeting
23.	Part IIB - Chief Executive Performance Report	PRIVACY: This information needs to be kept private to protect personal information that is confidential or sensitive. This includes people who are no longer alive	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.

Clause 173-24 above was carried 13 votes to 0, the voting being as follows:

For:

The public part of the meeting finished at 2.31pm

Confirmed 6 November 2024

Deputy Mayor