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8 December 2022 |
MINUTES OF Western
Bay of Plenty District Council
Council Meeting No. C22-1
HELD IN THE Council Chambers, Barkes
Corner
1484 Cameron Road, Tauranga
ON Thursday, 8 December 2022 AT 9.30am
1 Present
Mayor J Denyer (Chairperson), Deputy Mayor J Scrimgeour, Cr T Coxhead, Cr R Crawford, Cr G Dally, Cr M Grainger, Cr A Henry, Cr R Joyce, Cr M Murray-Benge, Cr A Sole, Cr D Thwaites and Cr A Wichers
2 In Attendance
G Allis (Deputy Chief Executive Officer/General Manager Infrastructure), R Davie (General Manager Strategy and Community), A Henderson (General Manager Corporate Services), E Watton (Strategic Policy and Planning Programme Director), G Golding (Governance Manager), L Balvert (Communications Manager), M Leighton (Policy and Planning Manager), T Rutherford (Policy Analyst), P Osborne (Senior Governance Advisor - Board Secretary), H Wi Repa (Governance Technical Support), J Osborne (Governance Support Administrator) and C Irvin (Senior Governance Advisor)
other attendees
Media
One member of the press
3 Apologies
Nil
4 Consideration of Late Items
5 Declarations of Interest
6 Public Excluded Items
7 Public Forum
Nil
8 Community Board Minutes for Receipt
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8.1 Minutes of the Katikati Community Board Meeting held on 7 November 2022 |
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Resolution C22-1.1 Moved: Cr A Sole Seconded: Cr R Joyce That the Minutes of the Katikati Community Board Meeting held on 7 November 2022 be received. |
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8.2 Minutes of the Maketu Community Board Meeting held on 7 November 2022 |
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Resolution C22-1.2 Moved: Deputy Mayor J Scrimgeour Seconded: Cr R Crawford That the Minutes of the Maketu Community Board Meeting held on 7 November 2022 be received. |
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8.3 Minutes of the Ōmokoroa Community Board Meeting held on 7 November 2022 |
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Resolution C22-1.3 Moved: Cr D Thwaites Seconded: Cr T Coxhead That the Minutes of the Ōmokoroa Community Board Meeting held on 7 November 2022 be received. |
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8.4 Minutes of the Te Puke Community Board Meeting held on 7 November 2022 |
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Resolution C22-1.4 Moved: Cr G Dally Seconded: Cr A Wichers That the Minutes of the Te Puke Community Board Meeting held on 7 November 2022 be received. |
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8.5 Minutes of the Waihī Beach Community Board Meeting held on 7 November 2022 |
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Resolution C22-1.5 Moved: Cr A Henry Seconded: Cr A Sole That the Minutes of the Waihī Beach Community Board Meeting held on 7 November 2022 be received. |
9 Council and Committee Minutes for Confirmation
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Resolution C22-1.6 Moved: Mayor J Denyer Seconded: Cr D Thwaites That the Minutes of the Council Meeting held on 7 November 2022 be confirmed as a true and correct record and the recommendations therein be adopted. |
10 Reports
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10.1 Governance Structure Terms of Reference and Delegations for Council and Committees of Council for the 2022-2025 Triennium |
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The Committee considered a report dated 8 December 2022 from the Governance Manager. The report was taken as read. |
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Resolution C22-1.7 Moved: Cr M Murray-Benge Seconded: Cr A Sole 1. That the Governance Manager’s report dated 8 December 2022 titled ‘Governance Structure Terms of Reference and Delegations for Council and Committees of Council for the 2022-2025 Triennium’ be received. 2. That the report relates to an issue that is considered to be of low significance in terms of Council’s Significance and Engagement Policy. 3. That Council approves the proposed Governance Structure Terms of Reference and Delegations for Council and Committees of Council as set out in Attachment 1. And That Council notes that the Community Board Chairpersons are members of the Community Committee, so the Community Committee Quorum should be nine. 4. That pursuant to Clause 26 Schedule 7 of the Local Government Act 2002 the following councillors be appointed as Convenor and Assistant Convenor for the Council Community Forums as set out below: · Katikati – Waihī Beach Community Forum: Convenor: Cr Anne Henry Assistant Convenor: Cr Allan Sole · Kaimai Ward Community Forum: Convenor: Cr Don Thwaites Assistant Convenor: Cr Tracey Coxhead · Maketu – Te Puke Community Forum: Convenor: Cr Richard Crawford Assistant Convenor: Cr Andy Wichers 5. That Council approves the Community Forum Terms of Reference as included at Attachment 2 to this report. 6. That the District Licensing Committee duly constituted during the 2019 – 2022 triennium remain in force and the existing delegations and appointed members currently on the District Licensing Committee List be confirmed, as set out in Attachment 1 to this report. 7. That Council re-establishes SmartGrowth Leadership Group as a joint committee with Tauranga City Council and the Bay of Plenty Regional Council and appoints Mayor James Denyer, Deputy Mayor John Scrimgeour and Councillor Don Thwaites as its representatives on this joint committee. 8. That Council notes that the SmartGrowth Leadership Group Terms of Reference are interim until new Terms of Reference are prepared for consideration by the partnership members. 9. That it is acknowledged that Cr Dally is a member of the District Plan Committee . |
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10.2 Council Appointments to External Committees and Organisations for the 2022-2025 Triennium |
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The Committee considered a report dated 8 December 2022 from the Mayor. The report was taken as read. |
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Resolution CL22-1.8 Moved: Cr M Grainger Seconded: Cr G Dally 1. That the Mayor’s report dated 8 December 2022 titled ‘Council Appointments to External Committees and Organisations for the 2022-2025 Triennium’ be received. 2. That the report relates to an issue that is considered to be of low significance in terms of Council’s Significance and Engagement Policy. 3. That the following elected members be appointed as a representative and an alternative representative (where appropriate) to the following committees and organisations: a) Bay of Plenty Civil Defence Emergency Management Group § Member: Mayor James Denyer b) Western Bay of Plenty District Council – Council Controlled Organisations Appointment Panel § Member: Deputy Mayor John Scrimgeour § Alternate: Councillor Don Thwaites c) Creative Communities Panel § Member: Councillor Anne Henry § Member: Councillor Tracey Coxhead d) Local Government New Zealand Zone 2 § Member: Mayor James Denyer § Alternate: Deputy Mayor John Scrimgeour
e) Public Transport Committee § Member: Mayor James Denyer § Alternate: Deputy Mayor John Scrimgeour
f) Regional Transport Committee § Member: Mayor James Denyer § Alternate: Deputy Mayor John Scrimgeour
g) Envirohub Bay of Plenty § Member: Councillor Richard Crawford
h) Tauranga Moana Advisory Group § Member: Councillor Allan Sole § Member: Councillor Murray Grainger And That Council notes that point 9 of the report, ‘Tauranga Moana Advisory Group’ should state that Western Bay of Plenty District Council appoints two members onto this group.
i) Te Maru o Kaituna (Kaituna River Authority) § Member: Councillor Andy Wichers § Alternate: Deputy Mayor John Scrimgeour
§ Member: Deputy Mayor John Scrimgeour § Member: Councillor Grant Dally
k) Tourism Bay of Plenty Appointments Panel § Member: Mayor James Denyer § Alternate: Deputy Mayor John Scrimgeour
l) Waiāri Kaitiaki Advisory Group § Member: Mayor James Denyer § Member: Deputy Mayor John Scrimgeour
m) Te Puke Alternative Wastewater Options Group § Member: Deputy Mayor John Scrimgeour § Alternate: Councillor Grant Dally
n) Te Ohu Wairoa – Alternative Katikati Wastewater Options Group § Member: Mayor James Denyer § Member: Councillor Allan Sole § Member: Councillor Anne Henry § Member: Councillor Murray Grainger
o) Kaituna Catchment Control Scheme Advisory Group § Member: Deputy Mayor John Scrimgeour § Alternate: Councillor Andy Wichers
p) David Hume Swimming Pool Trust § Member: Councillor Anne Henry |
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10.3 Adoption of Standing Orders for the 2022-2025 Triennium |
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The Committee considered a report dated 8 December 2022 from the Governance Manager. The report was taken as read. |
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Resolution C22-1.9 Moved: Cr M Grainger Seconded: Mayor J Denyer 1. That the Governance Manager’s report dated 8 December 2022 titled ‘Adoption of Standing Orders for the 2022-2025 Triennium’ be received.
2. That the report relates to an issue that is considered to be of low significance in terms of Council’s Significance and Engagement Policy.
3. That pursuant to Clause 27 of Schedule 7 of the Local Government Act 2002, Council adopts the Western Bay of Plenty District Council Standing Orders for the 2022-2025 triennium (Attachment 1) with the following amendments by a vote in support of not less than 75% of Members present and voting:
a) That the Chief Executive Officer be delegated authority to make such minor editorial changes to Western Bay of Plenty District Council’s Standing Orders as may be required.
AMENDMENT Moved: Cr Murray-Benge Seconded: Cr Henry
· That Council re-adopts Western Bay of Plenty District Council’s 2019-2022 Triennium Standing Orders. The amendment was put and declared lost.
FURTHER AMENDMENT Cr Grainger had foreshadowed a further amendment, which was then dealt with as follows: Moved: Cr Grainger Seconded: Cr Sole
That numbers 1, 2 and 3 (a) remain the same and the following be included:
4. That Council includes Standing Order 15.5 from the 2019-2022 Triennium Standing Orders, in the 2022-2025 version, with the exclusion of the last sentence, to be as follows:
· ‘Recording and Responding to Public Forum Matters: Brief notes may be kept of matters raised in public forum. Matters for action will be referred through the service request system, while those requiring further investigation may be referred to the Chief Executive Officer for further report.’
5. That Council includes Standing Order 23.6 from the 2019-2022 Triennium Standing Orders, in the 2022-2025 version as follows:
· ‘Chairperson May Recommend Amendment: A Chairperson, when moving the adoption of a recommendation from a committee or subcommittee to the council, can include in the motion an amendment to the committee or subcommittee’s recommendation.’
The amendment was then put and declared carried, and became the substantive motion as follows:
Substantive motion |
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Resolution C22-1.10 Moved: Cr M Grainger Seconded: Mayor J Denyer 1. That the Governance Manager’s report dated 8 December 2022 titled ‘Adoption of Standing Orders for the 2022-2025 Triennium’ be received.
2. That the report relates to an issue that is considered to be of low significance in terms of Council’s Significance and Engagement Policy.
3. That pursuant to Clause 27 of Schedule 7 of the Local Government Act 2002, Council adopts the Western Bay of Plenty District Council Standing Orders for the 2022-2025 triennium (Attachment 1) with the following amendments by a vote in support of not less than 75% of Members present and voting:
a) That the Chief Executive Officer be delegated authority to make such minor editorial changes to Western Bay of Plenty District Council’s Standing Orders as may be required.
4. That Council includes Standing Order 15.5 from the 2019-2022 Triennium Standing Orders, in the 2022-2025 version, with the exclusion of the last sentence, as follows:
· ‘Recording and Responding to Public Forum Matters: Brief notes may be kept of matters raised in public forum. Matters for action will be referred through the service request system, while those requiring further investigation may be referred to the Chief Executive Officer for further report.’
5. That Council includes Standing Order 23.6 from the 2019-2022 Triennium Standing Orders, in the 2022-2025 version as follows:
· ‘Chairperson May Recommend Amendment: A Chairperson, when moving the adoption of a recommendation from a committee or subcommittee, to the council, can include in the motion an amendment to the committee or subcommittee’s recommendation.’
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The Committee considered a report dated 8 December 2022 from the Governance Manager. The Chairperson suggested his report lie on the table in order for Elected Members to discuss and understand in more detail. |
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Resolution C22-1.11 Moved: Cr M Grainger Seconded: Cr R Joyce 1. That the Governance Manager’s report dated 8 December 2022 titled ‘Elected Member’s Code of Conduct 2022-2025’ be received.
2. That the report relates to an issue that is considered to be of low significance in terms of Council’s Significance and Engagement Policy.
3. That the ‘Elected Member’s Code of Conduct 2022-2025’ report lie on the table. |
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10.5 Elected Members Remuneration Pool of Funds and Allowances for the 2022-2025 Triennium |
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The Committee considered a report dated 8 December 2022 from the Governance Manager. The report was taken as read. |
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Resolution C22-1.12 Moved: Cr R Crawford Seconded: Cr M Murray-Benge 1. That the Governance Manager’s report dated 8 December 2022 titled ‘Elected Members Remuneration Pool of Funds and Allowances for the 2022-2025 Triennium’ be received.
2. That the report relates to an issue that is considered to be of low significance in terms of Council’s Significance and Engagement Policy.
3. That Council formally confirms and recommends remuneration attached to different roles within the allocated pool of $546,556 as follows:
4. That if Council undertakes a review of the committee structure at any time throughout the 2022-2025 triennium it will review the redistribution of the Remuneration Pool. 5. That Council confirms its approach to Elected Members Allowances as follows:
a. Council adopts the vehicle kilometre allowance in accordance with the Local Government Members (2022/2023) Determination 2022 and Council’s Sensitive Expenditure Policy (Attachment 2).
b. Council adopts the travel time allowance of $40.00 per hour of eligible travel time after the first hour of eligible travel time in accordance with the Local Government Members (2022/2023) Determination 2022 and Council’s Sensitive Expenditure Policy;
c. Council approves the following communications allowances for the period of the Determination in addition to the issuing of Council owned laptops and data sim to Councillors and Community Board Members and in accordance with the Local Government Members (2022/2023) Determination 2022 and Council’s Sensitive Expenditure Policy; - Use of a personal computer, tablet or laptop including any related docking station, $400 - Use of printer, $50 - Use of a mobile telephone, $200 - For the use of ICT consumables up to $200 - Use of internet services up to $800 - Use of a telephone service up to $500
d) Council approves payment of up to $6,000 for childcare allowances in accordance with the criteria set out in for the Determination. |
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10.6 Delegations to Community Boards for the 2022-2025 Triennium |
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The Committee considered a report dated 8 December 2022 from the Governance Manager. The report was taken as read.
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Resolution C22-1.13 Moved: Cr M Grainger Seconded: Cr A Sole 1. That the Governance Manager’s report dated 8 December 2022 titled ‘Delegations to the Community Boards for the 2022-2025 Triennium’ be received.
2. That the report relates to an issue that is considered to be of low significance in terms of Council’s Significance and Engagement Policy.
3. That, for the 2022-2025 triennium, Council’s delegations to the, Ōmokoroa, Katikati Maketu, Te Puke and Waihī Beach Community Boards be as follows: Role and Purpose of Community Boards: · To represent, and act as an advocate for, the interests of their communities. · To consider and report on all matters referred by Council and its Committees, or any matter of interest or concern to the Community Board. · To maintain an overview of services provided by Council within the community. · To prepare an annual submission to the Council for expenditure within the community. · To communicate with community organisations and special interest groups within the community. · To undertake responsibilities as delegated by Council or its Committees. Delegated Functions: Subject to compliance with Council strategies, policies, plans and legislation: · To have input into Council and its Committees on issues, services, plans and policies that affect communities within the Community Board Area. · To provide an effective mechanism for community feedback to Council. · To receive reports from Council appointees on Council matters relevant to the Community Board. · To control, expend and monitor funds as allocated by Council. · To allocate Community Board reserve funds to specific capital non-recurring projects for council assets on council land. |
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10.7 Exercise of Delegation by Chief Executive Officer During the Interregnum Period 2022 |
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The Committee considered a report dated 8 December 2022 from the Governance Manager. The report was taken as read.
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Resolution C22-1.14 Moved: Cr M Murray-Benge Seconded: Deputy Mayor J Scrimgeour 1. That the Governance Manager’s report dated 8 December 2022 titled ‘Exercise of Delegation by the Chief Executive Officer During the Interregnum Period 2022’ be received.
2. That the report relates to an issue that is considered to be of low significance in terms of Council’s Significance and Engagement Policy.
3. That Council notes no actions were undertaken during the interregnum period that required the exercise of those delegations conferred on the Chief Executive Officer by Council at its meeting on 11 August 2022. |
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10.8 Exercise of Delegations - Report on Submissions made on Behalf of Council |
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The Committee considered a report dated 8 December 2022 from the Strategic Policy and Planning Programme Director.
Submission to Governance and Administration Committee on the Local Government Electoral Legislation Bill: Staff responded to questions as follows: · Staff always endeavoured to ensure that, where time and opportunity allowed, Council was informed of any submissions it provided. However, in the instance of the Local Government Electoral Legislation Bill submission, there was a very strong direction and instruction to staff from the former Mayor. Council was heading into its formal representation review next year, and its approach to Māori representation would be workshopped with Elected Members. Elected Member Comment: · Cr Henry expressed her belief that this was the voice of the former Mayor and not the voice of Elected Members.
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Resolution C22-1.15 Moved: Cr A Henry Seconded: Cr M Murray-Benge 1. That the Strategic Policy and Planning Programme Director’s report dated 8 December 2022 titled ‘Exercise of Delegations – Report on Submissions made on Behalf of Council’ be received.
2. That the report relates to an issue that is considered to be of low significance in terms of Council’s Significance and Engagement Policy.
3. That Council be advised that, under the Mayor’s Delegation, the following submissions have been lodged on behalf of Council:
a. Review of the Building Consent System on 2 September 2022 (Attachment 1); b. Local Government Electoral Legislation Bill on 14 September 2022 (Attachment 2); c. Proposed Change 6 (NPS-UD) to the Bay of Plenty Regional Policy Statement on 24 August 2022 (Attachment 3); and d. National Direction for Plantation and Exotic and Carbon Afforestation (on behalf of Council (Attachment 4), and as a signatory to the joint submission on behalf of 17 councils and Local Government New Zealand (Attachment 5)) on 18 November 2022. |
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The Committee considered a report dated 8 December 2022 from the Group Manager Corporate Services. The report was taken as read. |
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Resolution C22-1.16 Moved: Cr M Murray-Benge Seconded: Cr G Dally 1. That the Group Manager Corporate Services report dated 8 December 2022 titled ‘Pukehina Beach Protection Coastal Rate’ be received.
2. That the report relates to an issue that is of low significance in terms of Council’s Significance and Engagement Policy.
3. That Council resolves to set the rate again in accordance with section 119 of the Local Government (Rating) Act 2002 (LGRA), and refund any overpaid rates paid in accordance with section 42 of the LGRA.
4. That Council authorises officers to issue public notification of Council’s intention to reset the Pukehina Beach Protection Rate. |
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The Committee considered a report dated 8 December 2022 from the Mayor. The report was taken as read. |
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Resolution C22-1.17 Moved: Mayor J Denyer Seconded: Cr A Sole That the Mayor’s report dated 8 December 2022 and titled ‘Mayor’s Report to Council’ be received. |
11 Information for Receipt
12 Resolution to Exclude the Public
Nil
The Meeting closed at 10:15am.
Confirmed as a true and correct record at the Council meeting held 8 February 2023.
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Mayor J Denyer
CHAIRPERSON / MAYOR