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Ordinary Council 31 October 2018

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Ordinary Council 31 October 2018 ORDINARY COUNCIL WEDNESDAY, 31 OCTOBER 2018 AGENDA Meeting to be held in the Council Chambers, Civic Centre, Commerce Street, Whakatāne at 1:00 pm David Bewley INTERIM CHIEF EXECUTIVE 26 October 2018 WHAKATĀNE DISTRICT COUNCIL WEDNESDAY, 31 OCTOBER 2018 Ordinary Council - AGENDA TABLE OF CONTENTS ITEM SUBJECT PAGE NO 1 Membership .............................................................................................. 5 2 Powers of the Council ................................................................................ 5 3 Prayer ....................................................................................................... 7 4 Apologies .................................................................................................. 7 5 Announcements ........................................................................................ 7 6 Conflict of Interest ..................................................................................... 7 7 Public Forum ............................................................................................. 8 8 Presentations ............................................................................................ 9 9 Health and Safety .................................................................................... 10 9.1 Organisational Health and Safety Report to Officers ................................................................ 10 9.1.1 Appendix 1 - Health and Safety Performance Indicator Graphs ...................................... 13 10 Confirmation of Council Minutes ............................................................. 15 10.1 Minutes Whakatāne District Council 19 September 2018 ......................................................... 15 11 Standing and Joint Committee Recommendations to Council ................... 22 11.1 Recommendation Projects and Services Committee - Additional Funding for Port Ohope Redevelopment ....................................................................................................................... 22 11.2 Recommendation from Projects and Services Committee - Port Ohope Eastern Cargo Shed ................................................................................................................................................ 24 12 Standing and Joint Committee Minutes ................................................... 26 12.1 Minutes - Policy Committee 18 October 2018 .......................................................................... 26 12.2 Minutes - Projects and Services Committee 4 October 2018 ..................................................... 30 12.3 Minutes - Audit and Risk Committee 25 October 2018 ............................................................. 38 12.4 Ohiwa Harbour Implementation Forum 25 September 2018 .................................................... 41 WHAKATĀNE DISTRICT COUNCIL WEDNESDAY, 31 OCTOBER 2018 Ordinary Council - AGENDA 12.5 Rangitaiki River Forum 14 September 2018 .............................................................................. 53 12.6 Regional Transport Committee 14 September 2018 ................................................................. 60 12.7 Civil Defence Emergency Management Group Joint Committee 28 September 2018 ................ 69 13 Mayoral and Chief Executive Reports ....................................................... 74 13.1 Mayor’s Report – 31 October 2018 .......................................................................................... 74 13.1.1 Appendix 1 - Eastern Bay of Plenty and Jiangxi Update ................................................... 79 13.2 Chief Executive’s Report – 31 October 2018 ............................................................................. 85 14 Reports ................................................................................................... 90 14.1 Adoption of the Whakatāne District Council Annual Report 2017/18 ....................................... 90 14.1.1 Appendix 1 - Unapproved Whakatāne District Council Annual Report 2017/18 ............. 93 14.1.2 Appendix 2 - Draft Audit Opinion .................................................................................... 94 14.1.3 Appendix 3 - Recommendation Audit and Risk Committee 25 October 2018 ............... 100 14.2 2018/19 Capital Expenditure Deferred Projects ...................................................................... 102 15 Resolution to Exclude the Public ............................................................ 105 15.1 Resolution to Exclude the Public ............................................................................................ 105 1 Confirmation of Council Minutes ............................................................... 4 1.1 Public Excluded Minutes Council Meeting – 19 September 2018 ................................................ 4 2 Standing and Joint Committee Minutes ..................................................... 4 2.1 Public Excluded Minutes Rangitaiki River Forum 14 September 2018 ......................................... 4 2.2 Public Excluded Minutes Civil Defence Emergency Management Group Joint Committee 28 September 2018 ........................................................................................................................ 4 2.3 Minutes ToiEDA 3 September and 1 October 2018 ..................................................................... 4 WHAKATĀNE DISTRICT COUNCIL WEDNESDAY, 31 OCTOBER 2018 Ordinary Council - AGENDA 1 Membership 1 Membership Mayor A A Bonne Councillor A V Iles Councillor S Jarrett Councillor G V Johnston Councillor J C Jukes Councillor R N Orr Councillor A R Silcock Councillor N S Tánczos Councillor J A Turner Councillor G F van Beek Councillor M van der Boom 2 Powers of the Council The Council will meet seven weekly 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. Extraordinary Council meetings will be called when required in between the seven weekly cycle for specific purposes such as hearing the Annual Plan submissions. The powers that cannot be delegated by the Council are: a. the power to make a rate b. the power to make a bylaw c. the power to borrow money, or purchase or dispose of assets, other than in accordance with the long-term plan d. the power to adopt a long-term plan, annual plan or annual report e. the power to appoint a chief executive f. the power to adopt policies required to be adopted and consulted on under the Local Government Act 2002 in association with the long-term plan or developed for the purpose of the Local Governance Statement. g. the power to adopt a remuneration and employment policy h. the power to remove the Deputy Mayor appointed by the Mayor subject to Schedule 7 (18) of the Local Government Act 2002 i. the power to discharge or reconstitute any committee established by the Mayor subject to Schedule 7 (30) of the Local Government Act 2002 j. the power to establish a joint committee with another local authority or other public body k. the power to approve or change a plan under section 34A of the Resource Management Act 1991 l. the power to approve delegations to Community Boards m. the power to approve or amend the Council’s Standing Orders n. the power to approve or amend the Council’s Code of Conduct for elected members o. the power to approve or amend the Triennial Agreement 5 WHAKATĀNE DISTRICT COUNCIL WEDNESDAY, 31 OCTOBER 2018 Ordinary Council - AGENDA 2 Powers of the Council (Cont.) p. the power to make any resolution where in a bylaw the Council has reserved any matter to be regulated, controlled, or prohibited by the Council by resolution either generally, for any specified case, or in a particular case q. the power to make the final decision on a recommendation from the Ombudsman where it is proposed that Council not accept the recommendation (sections 32 & 42 Local Government Official Information and Meetings Act 1987) r. to exercise due diligence as “Officers” under the Health and Safety at Work Act 2015 to ensure the safety of workers and others who may be impacted by the work the Council undertakes s. any other matters which from time to time may not legally be delegated by the Council The powers that can be delegated but which the Council retains: t. Approval of the guarantee of loans to community organisations u. Approve the Council’s recommendation to the Remuneration Authority for the remuneration of additional positions of responsibility for elected members and elected members expenses rules v. Approve and review the Chief Executive’s annual performance objectives and remuneration w. Approve the Local Governance Statement (called “A Guide to the Whakatāne District Council”) produced following the triennial election of members x. Resolve those decisions required to be made by a local authority under the Local Electoral Act 2001 including the appointment of electoral officer y. Determine whether or how to fill any extraordinary Council vacancies within 12 months of an election z. Review and make decisions on Council membership and the basis for elections through representation reviews aa. Hearing of submissions on the Long-term Plan and, if required, the Annual Plan ab. Appoint and discharge trustees, directors or office holders to Council’s Council-Controlled organisations and to other external bodies ac. Adopt the final Statement of Intent for Council’s Council-Controlled organisations ad. Approve the purchase, sale and disposal
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