ORDINARY COUNCIL THURSDAY, 10 DECEMBER 2020 AGENDA Meeting to be held in the Council Chambers, Civic Centre, Commerce Street, Whakatāne at 1:00 pm Steph O'Sullivan CHIEF EXECUTIVE 4 December 2020 WHAKATĀNE DISTRICT COUNCIL THURSDAY, 10 DECEMBER 2020 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 ........................................................................................ 8 6 Conflict of Interest ..................................................................................... 8 7 Public Forum ............................................................................................. 8 8 Presentations ............................................................................................ 8 9 Confirmation of Council Minutes ............................................................... 9 9.1 Minutes Whakatāne District Council 12 November 2020 ............................................................ 9 10 Standing and Joint Committee Minutes ................................................... 17 10.1 Minutes Strategy and Policy Committee 26 November 2020 .................................................... 17 10.2 Minutes - Projects and Services Committee 26 November 2020 ............................................... 20 10.3 Minutes EBOP Joint Committee 22 September 2020 ................................................................ 24 10.4 Minutes Mayoral Forum 23 October 2020 ................................................................................ 32 11 Mayoral Report ....................................................................................... 40 11.1 Mayor’s Report – December 2020 ............................................................................................ 40 12 Reports ................................................................................................... 45 12.1 WDC Meetings Schedule 2021 ................................................................................................. 45 12.1.1 Appendix 1 – Proposed Meetings Schedule 2021 ........................................................... 47 12.2 Eastern Bay Road Safety Operations Terms of Reference .......................................................... 53 WHAKATĀNE DISTRICT COUNCIL THURSDAY, 10 DECEMBER 2020 Ordinary Council - AGENDA 12.2.1 Appendix 1 – Draft Terms of Reference Eastern BOP Road Safety Operational Group .......................................................................................................................................... 55 13 Resolution to Exclude the Public Council 10 December 2020 .................... 61 1 Confirmation of Council Minutes ............................................................... 4 1.1 Public Excluded Minutes Whakatāne District Council Meeting 12 November 2020 ..................... 4 WHAKATĀNE DISTRICT COUNCIL THURSDAY, 10 DECEMBER 2020 Ordinary Council - AGENDA 1 Membership 1 Membership Mayor J A Turner Councillor G L Dennis Councillor A V Iles - Deputy Mayor Councillor L N Immink Councillor W B James Councillor J C Jukes Councillor V Luca Councillor J W Pullar Councillor A R Silcock Councillor N S Tánczos Councillor G F van Beek 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 5 WHAKATĀNE DISTRICT COUNCIL THURSDAY, 10 DECEMBER 2020 Ordinary Council - AGENDA 2 Powers of the Council (Cont.) 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 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 6 WHAKATĀNE DISTRICT COUNCIL THURSDAY, 10 DECEMBER 2020 Ordinary Council - AGENDA 3 Prayer 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 of Council property ae. In respect of District Plan decisions to approve a proposed plan or a change to a district plan under Clause 17 of the First Schedule of Resource Management Act 1991 (RMA) af. Authority to rename an existing road or private right of way in accordance with the Council’s Road Naming and Property Addressing Policy ag. Approve changes to the status or revoke the status of a reserve as defined in the Reserves Act 1977 ah. Authorise any unbudgeted expenditure that exceeds the delegation levels provided to officers, committees or other subordinate decision-making bodies of Council ai. Approve a pool of Independent Commissioners that the Chief Executive can appoint to: hear and decide resource consent applications where the Council is the applicant; a Councillor or their spouse or immediate family member is the applicant; where a Councillors is involved in another application for resource consent and declares an interest and in any other situation deemed appropriate by the Council Procedural matters Receiving all Standing Committee and Joint Committee and Joint Forum minutes and making decisions on any recommendations from these Committees and Forums Receiving minutes from Toi EDA and Iwi Chairs Forum Receive minutes from any advisory board or forum that the Council has appointed that it determined go directly to the Council and making decisions on any recommendations from these boards or forums Consider any matters referred to it from any of the Committees or the Chief Executive 3 Prayer Councillor A R Silcock will conduct the prayer. 4 Apologies At the time of compiling the agenda, an apology was received from Councillor J W Pullar. 7 WHAKATĀNE DISTRICT COUNCIL THURSDAY, 10 DECEMBER 2020 Ordinary Council - AGENDA 5 Announcements 5 Announcements 6 Conflict of Interest Members are reminded of the need to be vigilant to stand aside from decision making when a conflict arises between their role as an elected member and any private or other external interests they might have. 7 Public Forum The Council