NOTICE OF AN ORDINARY MEETING OF COUNCIL · 2 Council meeting Doc No. RDC-787502 14 December 2017...

1 Council meeting

Doc No. RDC-787502 14 December 2017

File No: 01-15-010\25

NOTICE OF AN ORDINARY MEETING OF

COUNCIL

to be held on Thursday, 14 December 2017 at 9:30am in the Council Chamber, Rotorua Lakes Council

Chairperson:

Mayor Chadwick

Members: Cr Donaldson (Deputy) Cr Bentley Cr Gould Cr Hunt Cr Kent Cr Kumar Cr Maxwell Cr Raukawa-Tait Cr Sturt Cr Tapsell

Quorum: 6

A G E N D A

1. OPENING KARAKIA

2. APOLOGIES (INCLUDES LEAVE OF ABSENCE NOTIFICATION)

3. DECLARATIONS OF INTEREST

Members need to stand aside from decision-making when a conflict arises between their role as a Member of the Council and any private or other external interest they might have. This note is provided as a reminder to Members to review the matters on the agenda and assess and identify where they may have a pecuniary or other conflict of interest, or where there may be a perception of a conflict of interest.

If a member feels they do have a conflict of interest, they should publicly declare that at the start of the meeting or of the relevant item of business and refrain from participating in the discussion or voting on that item. If a member thinks they may have a conflict of interest, they can seek advice from the Chief Executive or the Governance & Partnerships Manager (preferably before the meeting). It is noted that while members can seek advice the final decision as to whether a conflict exists rests with the member.

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4. URGENT ITEMS NOT ON THE AGENDA

Section 46A of the Local Government Official Information and Meetings Act 1987 states: (7) An item that is not on the agenda for a meeting may be dealt with at the meeting if – (a) the local authority by resolution so decides, and (b) the presiding member explains at the meeting at a time when it is open to the public, - (i) the reason why the item is not on the agenda; and (ii) the reason why the discussion of the item cannot be delayed until a subsequent

meeting. (7A) Where an item is not on the agenda for a meeting, - (a) that item may be discussed at the meeting if –

(i) that item is a minor matter relating to the general business of the local authority; and (ii) the presiding member explains at the beginning of the meeting, at a time when it is

open to the public, that the item will be discussed at the meeting; but (b) No resolution, decision, or recommendation may be made in respect of that item except to refer

that item to a subsequent meeting of the local authority for further discussion.

Page

5. CONFIRMATION OF COUNCIL MINUTES

5.1 Council meeting – 23 November 2017 ............................................................................................ 7

6. RECOMMENDATIONS FROM OTHER COMMITTEES 6.1 Recommendations from other committees …. .............................................................................. 14

7. RESOLUTION TO GO INTO PUBLIC EXCLUDED (TO CONSIDER AND ADOPT CONFIDENTIAL ITEMS)

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:

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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 of this resolution

COUNCIL MEETING 23 November 2017 (Minutes) Legal Matters update

Maintain legal professional privilege

Section 48(1)(a) Section 7(2)(g)

RECOMMENDATION 1: Tender Approval for Rotomā/Rotoiti Wastewater Treatment plant construction:

Enable any local authority holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

Section 48(1)(a) Section 7(2)(i)

RECOMMENDATION 2: Chief Executive Review

Protect the privacy of natural persons, including that of deceased natural persons.

Section 48(1)(a) Section 7(2)(a)

This resolution is made in reliance on Section 48(1) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by Sections 6 or 7 of the Act or Sections 6, 7 or 9 of the Official Information Act 1982, as the case may require, which would be prejudiced by the holding of the whole or the relevant part of the proceedings of the meeting in public are as shown above (in brackets) with respect to each item.

8. CONFIDENTIAL ITEMS 8.1 Confirmation of confidential minutes of Council meeting 23 November 2017 ............................. 19 8.2 Recommendations from other committees (confidential items) .................................................. 22 8.3 Staff reports (Confidential)

RECOMMENDATION 1: Tender Approval for Rotomā/Rotoiti Wastewater Treatment plan construction .............................................................................................. 24

RECOMMENDATION 2: Chief Executive Review ............................................................................. 29

Rotorua Lakes Council is the operating name of Rotorua District Council.

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COUNCIL DELEGATIONS

Type of Committee Council Committee

Subordinate to

Subordinate Committees

Strategy, Policy and Finance committee

Operations and Monitoring committee

District Licencing committee

CEO performance committee

RMA Policy Committee

Audit and Risk Committee

Working /Strategy Groups (People, Sustainable living, Creative

communities, District Revitalisation, Sustainable Economic

Development Strategy, Sports and Recreation)

Legislative Basis Schedule 7 S30 (1) (A), Local Government Act 2002

Committee delegated powers by the Council as per Schedule 7, S32, Local Government Act 2002

Purpose The purpose of the Council is to make decisions on all matters that cannot be delegated, that it has not delegated or that it has had referred to it by staff or a committee.

Reference 01-15-010

Membership Mayor (Chair)

Deputy Mayor (Deputy Chair)

All councillors

Quorum 6

Meeting frequency Monthly

Delegations the power to make a rate

the power to make a bylaw

the power to borrow money, or purchase or dispose of assets,

other than in accordance with the Long-term Plan

the power to adopt a long-term plan, annual plan, or annual

report

the power to appoint a chief executive

the power to adopt policies required to be adopted ad

consulted on under the LGA 2002 in association with the long-

term plan, or developed for the purpose of the local

governance statement; and

5 Council meeting


the power to adopt a remuneration and employment policy

the power to set and support strategies in measures related to

emergency matters.

all the powers, duties and discretions under the Civil Defence

Act for the proper operation and administration of the

approved Civil Defence Plan; such delegation to be executed

solely within the defined policy guidelines as determined from

time to time by the Council and subject to the Financial limits

imposed by the approved Council estimates.

Relevant Statutes All the duties and responsibilities listed above must be carried out in accordance with the relevant legislation.

Limits to Delegations Powers that cannot be delegated to committees a per the Local Government Act 2002 Schedule 7 S32

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MINUTES OF COUNCIL MEETING

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File No.: 01-15-010\25

ROTORUA LAKES COUNCIL

Minutes

Council meeting held Thursday, 23 November 2017 at 9.30am

in the Council Chamber, Rotorua Lakes Council

MEMBERS PRESENT: Mayor Chadwick (Chairperson) Cr Bentley, Cr Donaldson (Deputy Mayor), Cr Gould, Cr Hunt, Cr Kent, Cr Kumar, Cr Maxwell, Cr Raukawa-Tait, Cr Sturt, Cr Tapsell

APOLOGIES:

Cr Raukawa-Tait,

STAFF PRESENT:

G Williams, Chief Executive; T Collé, Chief Financial Officer; J-P Gaston, Group Manager Strategy; H Weston, Acting Group Manager Operations; S Michael, General Manager Infrastructure; C Tiriana, Manager CE Office; O Hopkins, Corporate planning & Goverance Manager; I Tiriana, Public Relations Manager; R Pitkethley, Recreation and Environment Manager (part); H King, Governance Support Advisor

Mayor Chadwick welcomed councillors, members of the public, media and staff to the Council

meeting.

1. OPENING KARAKIA

Cr Bentley opened the meeting with a karakia.

Cr Maxwell acknowledged the passing of Mr Pīhopa Kingi with a moments silence.

2. APOLOGIES

Resolved

That the apologies from Cr Raukawa-Tait be accepted.

Cr Gould/Cr Donaldson CARRIED



3. DECLARATIONS OF INTEREST

None

4. URGENT ITEMS NOT ON THE AGENDA

5. CONFIRMATION OF COUNCIL MINUTES

5.1 Council meeting – 26 October 2017

Resolved

That the minutes of the Council meeting held 26 October 2017 be confirmed as true and correct.

Cr Sturt/Cr Gould CARRIED

C17/11/132

6. RECOMMENDATIONS FROM OTHER COMMITTEES 01-15-010\25

Resolved

1. That the report “Recommendations from other committees” be received.

Cr Gould/Cr Maxwell

CARRIED

2. That the following recommendations of the Strategy, Policy & Finance Committee meeting

held 9 November 2017 be adopted:

Recommendation 1

BUSINESS CASE FOR SIR HOWARD MORRISON PERFORMING ARTS CENTRE That Council agree to proceed to detailed design work for strengthening and enhancing the building

(options 4* & 6a** of the report) within the already agreed $1million envelope.

Cr Hunt/Cr Sturt

CARRIED

C17/11/133

* Option 4 – significantly upgrade the concert chamber and make minor upgrades to the Civic Theatre (Option3), plus an upgrade of the foyers and Banquet Room.

**Option 6a – Option 4 plus a Civic Theatre upgrade to refurbish the theatre and increase seat numbers to +/- 1000.

Cr Bentley, Cr Kumar, Cr Kent requested that their vote against this decision be recorded.



Recommendation 2

AMENDMENT TO ROTORUA DISTRICT COUNCIL TRAFFIC BYLAW 2015

That Council agree that the Statement of Proposal and proposed amendments to the Rotorua

District Council Traffic Bylaw 2015 (that include new provisions regulating ‘shared paths’ and

‘shared zones’ be approved for special consultation and that Council hear and deliberate on any

public submissions made to the proposed amendments.

Cr Sturt/Cr Gould

C17/11/134 CARRIED

Recommendation 3

SPEED LIMIT BYLAW – CHANGES TO SPEED LIMITS

That Council agree to changes to speed limits on the following roads and are consulted on in accordance with the requirements of the rule “Setting of Speed Limits 2017”

Road Location Current speed limit

Proposed Speed Limit

Manawahe Road SH30 to Pongakawa Valley Road 100km/hr 80km/hr

Pongakawa Valley Road Manawahae Rd to Kennedy By 100km/hr 80km/hr

Pongakawa Valley Road Kennedy Bay to Otatau Bay 100km/hr 80km/hr

Western Road SH5 to Brake Road No 22 to Brake Road

100km/hr 70km/hr

60km/hr 50km/hr

Brake Road Full length 70km/hr 60km/hr

Oakland Place Full length 70km/hr 50km/hr

Pioneer Road Full length 70km/hr 50km/hr

Mohi Crescent Full length 70km/hr 50km/hr

Tarawera Road Forest Place to Landing 100km/hr 80km/hr

Spencer Road Current 100km/hr sections 100km/hr 80km/hr

Brunswick Drive (including side roads)

SH30 to end 70km/hr 50km/hr

Okareka Loop Road Blue Lake to Okareka Village And Tarawera Road to Village

100km/hr 80km/hr

Millar Road Steep Street to end 100km/hr 80km/hr

Waiotapu Loop Road SH5 to SH5 100km/hr 60km/hr

Road to Wastewater Treatment Plant (Unnamed)

SH30A to WWTP 70km/hr 40km/hr

Vaughan Road Puketawhero Park to Duggan Drive

70km/hr 50km/hr

Owhata Road Last house to Iri Irikapua Parade 70km/hr 30km/hr

Hamurana Road SH36 to SH33 Varies 70km/hr to 100km/hr

70km/hr



Kaska Road Full length 80km/hr 70km/hr

Turner Road Full length 100km/hr 70km/hr

Te Waerenga Road 0m to 350m 100km/hr 70km/hr

Paradise Valley, Endean Te Miri and Te Manu roads

Full length 100km/hr 80km/hr

Cr Donaldson/Cr Gould

C17/11/135

CARRIED

Cr Kent abstained from voting due to conflict of interest

Recommendation 4

ROTORUA SPECIAL HOUSING AREAS POLICY That Council agrees to the adoption of the ‘Rotorua Special Housing Areas Policy’ to support the

implementation of the Housing Accord.

Cr Tapsell/Cr Gould

C17/11/136

CARRIED

7. RESOLUTION TO GO INTO PUBLIC EXCLUDED (TO CONSIDER AND ADOPT CONFIDENTIAL

ITEMS)

Resolved

That Council move into public excluded session.

Cr Sturt/Cr Maxwell CARRIED



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 of this resolution

COUNCIL MEETING 26 October 2017 (Minutes) Chief Executives performance review

Maintain professional privilege Section 48(1)(a) Section 7(2)(g)

RECOMMENDATIONS FROM

OTHER COMMITTEES

Professional Services for

Infrastructure Projects

Enable any local authority holding the

information to carry on, without

prejudice or disadvantage, negotiations

(including commercial and industrial

negotiations).

Section 48(1)(a)

Section 7(2)(i)

Review of Services Protect information where the making

available of the information would be

likely unreasonably to prejudice the

commercial position of the person who

supplied or who is the subject of the

information.

Enable any local authority holding the

information to carry on, without

prejudice or disadvantage, negotiations

(including commercial and industrial

negotiations).

Section 48(1)(a)

Section 7(2)(b)(ii)

Section 48(1)(a)

Section 7(2)(i)

Legal Matters update Maintain legal professional privilege

Section 48(1)(a) Section 7(2)(g)

This resolution is made in reliance on Section 48(1) of the Local Government Official Information and

Meetings Act 1987 and the particular interest or interests protected by Sections 6 or 7 of the Act or

Sections 6, 7 or 9 of the Official Information Act 1982, as the case may require, which would be prejudiced

by the holding of the whole or the relevant part of the proceedings of the meeting in public are as shown

above (in brackets) with respect to each item.”



Confidential minutes now released

PUBLIC EXCLUDED SESSION 2. That the following recommendations passed in the public excluded of the Operations &

Monitoring Committee meeting held 2 November 2017 be adopted:

Recommendation 1

PROFESSIONAL SERVICES FOR INFRASTRUCTURE PROJECTS

1. That Council agrees to award “Contract 17/031:” Professional Services for

Infrastructure Projects” to Pattle Delamore Partners (PDP) for the sum of

$3,200,000 (5 year term).

2. That the minutes relating to this item be publically available after the successful and unsuccessful tenderers have been advised.

Cr Donaldson/Cr Kent

C17/11/137

CARRIED

Recommendation 2

REVIEW OF SERVICES 1. That Council agrees that Community Leisure Management Limited (CLM) take over the management of the Rotorua Aquatic Centre. 2. That Council agrees that the Chief Executive is delegated the authority to negotiate the final terms of a management contract with CLM within the parameters set out in the report. 3. That the minutes relating to this item be made publicly available should the Council accept the recommendations.

Cr Donaldson/Cr Hunt

C17/11/138

CARRIED

Cr Kent requested that his vote against this decision be recorded

Cr Sturt requested that his abstention from voting be recorded



OPEN SESSION

__________________________

The meeting closed at 12.03pm __________________________

To be confirmed at a Council meeting on 14 December 2017

……………………………….……………..

Mayor

Note 1: Rotorua Lakes Council is the operating name of Rotorua District Council Note 2: Attachments to these minutes are available on request or on Council’s website www.rotorualc.nz

http://www.rotorualc.nz/

RECOMMENDATIONS FROM

OTHER COMMITTEES

1/1 15 Council meeting Doc No. RDC-787502 14 December 2017

File No: 01-15-010\25

ROTORUA LAKES COUNCIL The Mayor Members COUNCIL RECOMMENDATIONS FROM OTHER COMMITTEES Report prepared by: Hilda King, Governance Support Advisor Report reviewed by: Oonagh Hopkins, Corporate Planning & Governance Manager Report approved by: Geoff Williams, Chief Executive

1. PURPOSE

The purpose of this report is to provide an opportunity for members consider recommendations received from other committees.

2. RECOMMENDATIONS 1. That the report “Recommendations from other committees” be received.

2. That the following recommendations of the Strategy, Policy & Finance Committee meeting held 7 December 2017 be adopted:

Recommendation 1

SCHEDULE OF MEETINGS – 1 JANUARY TO 31 DECEMBER 2018

That Council resolves to adopt the schedule of meetings for the period 1 January 2018 to 31 December 2018 based on a monthly cycle and that the following starting times are agreed to:

a) that Operations and Monitoring Committee meetings shall commence at 9:30am b) that Strategy, Policy and Finance Committee meetings shall commence at 9:30am c) that Council meetings shall commence at 9.30am d) that extraordinary meetings may be scheduled as required.


Recommendation 2

LOCAL GOVERNMENT REMUNERATION REVIEW

That the Committee recommends to Council to adopt the submission to The Remuneration Authority, “Rotorua Lakes Council – Local Government remuneration review 2017”. (Attachment 1 of the Report with amendments*)

* Our local decision making is enhanced by our unique way of partnering with our community boards and Te Arawa through our Te Tatau o te Arawa board. In partnership, we all strive to make Rotorua the best place on earth it possibly can be for our people and our visitors to our unique place.

Recommendation 3

ADOPT SIGNIFICANCE AND ENGAGEMENT POLICY

That Council adopt the Significance and Engagement Policy 2017 with the following amendments:

Cri

teri

on

Importance to Te Arawa

The extent to which the matter under consideration impacts on the environment, culture and people of Te Arawa, now and in the future (Large impacts would indicate high significance).

Fact

ors

Factors that would indicate a high degree of significance are:

High levels of prior public interest or the potential to generate interest or controversy.

Large divisions in views on the matter.

Extent of costs, opportunity costs, externalities and subsidies.

Uncertainty, irreversibility, and the impact of the decision in terms of Te Arawa’s community’s sustainability and resilience.

Cri

teri

on

Impact on Council’s Capacity and Capability The impact of the decision on Council’s ability to achieve the objectives set out in its Long-term Financial Strategy, Long-term Plan and Annual Plan.

Fact

ors

Factors that would indicate a high level of significance are:

Transfers of strategic assets to or from council

High capital or operational expenditure

A financial transaction that involves $10million or more budgeted expenditure or it involves $4million or more unbudgeted expenditure


Recommendation 4

CLASSIFICATION OF RESERVE PURSUANT TO RESERVES ACT 1977 – TAUI STREET That Council approve that part 32A Taui Street, Road Reserve subject to the Public Reserves, Domains and National Parks Act 1928, be classified as Local Purpose (Road) Reserve pursuant to the Reserves Act 1977.

Recommendation 5

STRATEGIC DIRECTION SUPPORTING YOUTH EMPLOYMENT That Council endorse the Strategic Direction for Supporting Youth Employment.

3. BACKGROUND Reports relating to the above recommendations were included in the agenda for the Strategy,

Policy & Finance Committee meeting held 7 December 2017. This agenda is available for viewing on Council’s website under the following link:

http://www.rdc.govt.nz/our-council/agendas-and-minutes

http://www.rdc.govt.nz/our-council/agendas-and-minutes

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