Minutes of a meeting of the Nelson City Council
Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson
On Thursday 23 July 2015, commencing at 9.03am
Present: Her Worship the Mayor R Reese (Chairperson), Councillors I Barker, E Davy, K Fulton, M Lawrey, P Matheson (Deputy Mayor), B McGurk, G Noonan, P Rainey, T Skinner and M Ward
In Attendance: Chief Executive (C Hadley), Group Manager Strategy and Environment (C Barton), Group Manager Community Services (C Ward), Group Manager Corporate Services (N Harrison), Acting Group Manager Infrastructure (S Davies), Senior Strategic Adviser (N McDonald), Manager Communications (P Shattock), Manager Administration (P Langley) and Administration Adviser (S McLean)
Apologies: Councillors L Acland and R Copeland
Opening Prayer
Councillor Davy gave the opening prayer.
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Resolved CL/2015/011 THAT apologies be received and accepted from Councillors Acland and Copeland. |
2. Confirmation of Order of Business
Her Worship the Mayor advised that item 16 Community Services Committee Minutes 2 July, and subsequent recommendations to Council, would be considered after item 10 regarding the Trafalgar Centre.
Her Worship the Mayor advised councillors of an upcoming workshop on Community Housing. It was noted a date was yet to be arranged, due to a prior booking on 11 August.
In response to a question, the Chief Executive, Clare Hadley, reiterated that declaration of interests and updates to the Interests Register were the responsibility of individual councillors.
4.1 Christopher St Johanser and Moira Bauer, Brook Valley Community Group - Forestry Harvest on Dun Mountain: Where to from here?
Mr St Johanser and Ms Bauer gave a presentation on behalf of the Brook Valley Community Group and tabled a document on Forestry Strategy and the Nelson Spirit (A1391275).
Mr St Johanser raised concerns about the Brook Valley Community Group not feeling supported by Council.
Ms Bauer raised concerns about the Brook Valley skid site being used as a dumping ground. She suggested the proposed route for log extraction included areas of unstable land.
Ms Bauer said there was scope for Council to apply its Investment Policy of minimising impact by delaying harvest. She emphasised the risks to the Dun Mountain Trail and its heritage significance. Ms Bauer asked Council to investigate an alternative log extraction route, and suggested the harvest be delayed until after summer.
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1 A1391275 - Tabled Document - Christopher St Johanser and Moira Bauer Brook Valley Community Group |
4.2 Stuart Walker - Access Road to the Trafalgar Centre
Mr Walker raised concerns about cost overruns for the Trafalgar Centre and tabled his speech (A1392986) and images of the Nelson Airport building (A1392985).
Attendance: Councillor Matheson left the meeting at 9.26am.
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1 A1392985 - Tabled Document - Stuart Walker Trafalgar Centre Access Road Handout 1 2 A1392986 - Tabled Document - Stuart Walker Trafalgar Centre Access Road Handout 2 |
5.1 Council Minutes 28 May, 4 June, and 9 June 2015
Document number A1371400, agenda pages 13 - 25 refer.
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Resolved CL/2015/014 THAT the minutes of the meeting of the Nelson City Council, held on 28 May, 4 June and 9 June 2015, be confirmed as a true and correct record. |
Attendance: Councillor Matheson returned to the meeting at 9.27am.
5.2 Council Minutes 11 June 2015
Document number M1264, agenda pages 26 - 51 refer.
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Resolved CL/2015/015 THAT the minutes of the meeting of the Nelson City Council, held on 11 June 2015, be confirmed as a true and correct record. |
5.3 23 June 2015
Document number M1331, agenda pages 52 - 70 refer.
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Resolved CL/2015/016 THAT the minutes of the meeting of the Council, held on 23 June 2015, be confirmed as a true and correct record. |
5.4 16 July 2015 - Extraordinary Meeting
Document number M1354, agenda pages 71 - 74 refer.
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Resolved CL/2015/017 THAT the minutes of the extraordinary meeting of the Council, held on 16 July 2015, be confirmed as a true and correct record. |
6. Status Report - Council - 23 July 2015
Document number R4558, agenda pages 75 - 85 refer.
It was requested that resolutions from the Long Term Plan 2015-25 deliberations be transferred to committee status reports where relevant.
It was asked that the relevant wording from the Long Term Plan 2015-25 be included in the Nelson Gondola action item.
In response to a question, the Chief Executive, Clare Hadley, advised that an update on the Regional Landfill Implementation would be provided by the end of August 2015. She added that Deloitte had been commissioned to ensure landfill accounts were measured similarly between councils, and this work was a shared cost between councils.
In response to questions, Consulting Engineer, Richard Kirby, advised that a report on the Modellers’ Pond would be prepared by mid September 2015. He said detailed design was required before the Nelson Society of Modellers could commence fundraising.
It was noted that a verbal update on the Rutherford Park Development would be given in the public excluded part of the meeting due to legal professional privilege.
In response to a question about the letter on water fluoridation, Her Worship the Mayor advised she had met with the Chair of the District Health Board and was waiting on relevant information from the Ministry of Health.
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Resolved CL/2015/018 THAT the Status Report Council 23 July 2015 (R4558) and its attachment (A1168168) be received. AND THAT Long Term Plan related status report items be referred to relevant committees. |
Document number R4525, agenda page 86 refers.
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Resolved CL/2015/019 THAT the Mayor's Report (R4525) be received. |
Document number R4450, agenda pages 87 - 95 refer.
Senior Planning Adviser, Lisa Gibellini, presented the report.
It was agreed that the bracketed sentence in the third bullet under item 2 of the terms of reference, (developers whose property is included in Table 4...), would be removed.
It was agreed that Councillor Ward would be appointed to the Developer Advisory Group as the member representing the Land Development Manual Steering Group.
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Resolved CL/2015/020 THAT the report Developer Advisory Group (R4450) and its attachment (A1374504) be received; AND THAT Council nominate Mayor Rachel Reese and Deputy Mayor Paul Matheson to be Council representatives on the Developer Advisory Group; AND THAT Council nominate Deputy Mayor Paul Matheson to be Chair of the Developer Advisory Group; AND THAT the attached draft Terms of Reference (A1374504) as amended are adopted by Council for finalisation at the first Developer Advisory Group meeting after which they will be confirmed by the Mayor and the Chair of the Planning and Regulatory Committee. |
Document number R4510, agenda pages 96 - 104 refer.
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Resolved CL/2015/021 THAT the report Representation Review 2015 (R4510) and its attachment (A1376423) be received; AND THAT in accordance with Section 19H of the Local Electoral Act 2001: 1. The Council shall consist of 12 members, plus the Mayor; 2. The members of the Council shall be elected on an at large basis by the electors of the City as a whole; AND THAT in accordance with Section 19J of the Local Electoral Act 2001, there shall be no communities or community boards established. |
10. Trafalgar Centre - Geotechnical Assessments, Structural Implications and Costings
Document number R4542, agenda pages 105 - 118 refer.
Consulting Engineer, Richard Kirby, presented the report and tabled corrections to the report (A1392707).
Councillors commented on the need to move forward with the Trafalgar Centre project.
Her Worship the Mayor thanked Mr Kirby and his team for their efforts in sourcing and presenting the Trafalgar Centre information.
Gillian Wratt and Dot Kettle of the Chamber of Commerce gave a presentation to the meeting and tabled information on the Chamber of Commerce (A1394563). They emphasised the desire to build a relationship between the Chamber Board and Council.
Attendance: The meeting adjourned for morning tea from 10.19am to 10.42am.
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1 A1394563 - Tabled Document - Chamber of Commerce Handout |
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12. Trafalgar Centre - Geotechnical Assessments, Structural Implications and Costings (Cont'd) |
It was suggested that an opening celebration be arranged for the Trafalgar Centre.
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Resolved CL/2015/023 THAT the report Trafalgar Centre - Geotechnical Assessments, Structural Implications and Costings (R4542) be received; AND THAT Council confirm the continuation of strengthening of the Southern Extension and Main Building of the Trafalgar Centre; AND THAT the detailed design phase be completed and the final priced schedule for the Southern Extension and Main Building be prepared and reported back to Council at its meeting 3 September 2015; AND THAT Council confirm the demolition and new build of the northern building of the Trafalgar Centre including the Victory Room; AND THAT options for the scope and design of the new build of the northern building be developed, work-shopped with Councillors and reported back to Council for final approval at its meeting on 15th October 2015. |
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1 A1392707 - Tabled Document - Changes to Trafalgar Centre Report R4542, Council 23Jul2015 |
13. Community Services Committee - 2 July 2015
Document number M1318, agenda pages 161 - 172 refer.
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Resolved CL/2015/024 THAT the unconfirmed minutes of a meeting of the Community Services Committee, held on 2 July 2015, be received. |
13.1 Reserve Management Plan: Sports Ground Reserves
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Resolved CL/2015/025 THAT a Reserve Management Plan for the Sports Ground Reserves is developed under The Reserves Act 1977 for the provision of areas for recreation and sporting activities, and the physical welfare and enjoyment of the public. |
13.2 Stoke Community and Sports Facility
Councillor Rainey, seconded by Councillor Fulton, moved a motion:
THAT the concept design to construct the new Stoke Community and Sports Facility at the Greenmeadows site as recommended for approval by Council, by the Community Services Committee on the 2nd of July, not be approved, but be referred back to the Committee for consideration to be given to all issues including non- Council funding, site, urban design, provision of a cafe facility, facilities for youth, provision of bar facilities and overall scope in order to be reported back for consideration at the Community Services Committee meeting of 24 September 2015.
Attendance: The meeting adjourned from 10.56am to 10.58am.
Group Manager Community Services, Chris Ward, said that clarity was required for officers to prepare the resource consent application. He tabled a report from the Urban Design Panel (A1391002), and tabled a suggested change to the officer recommendation (A1394559).
Attendance: The meeting adjourned from 11.02am to 11.08am.
In response to a question, Mr Ward said the Urban Design Panel would be informing the resource consent process. He confirmed the broader objectives of Council had been taken into consideration by the Panel.
In response to questions, Major Projects Engineer, Darryl Olverson, said that youth had been accommodated in the design of the facility but there were no plans for a playground. Mr Ward highlighted that there was a separate project in the Long Term Plan for a youth facility in Stoke.
In response to a question about match funding, Mr Ward said the facility was Council-driven and would be developed as a multi-use community facility.
Attendance: Councillor Skinner left the meeting at 11.20am.
In response to a question, Mr Olverson confirmed the tennis court land was owned by Council.
Attendance: Councillor Skinner returned to the meeting at 11.23am.
There was discussion on the Stoke Rugby Club. It was asked if the Club would have exclusive use of areas of the new facility and should therefore contribute to the build. Mr Ward reiterated that the new facility would be non-exclusive.
Attendance: Councillor Matheson left the meeting at 11.27am.
Concerns were raised that criticism could be received for the perceived lack of focus on youth for the new facility.
Attendance: Councillor Matheson returned to the meeting at 11.30am.
In response to questions, Mr Ward said there would not be a general alcohol license at the facility, but if a cafe was established it could apply for a license.
Concern was raised that the tennis courts and associated fencing was not being moved or removed to better accommodate the new facility and improve its surroundings.
Attendance: Councillor Davy left the meeting at 11.49am, Councillor Lawrey left the meeting at 11.53am. The meeting adjourned for lunch from 11.54am to 12.51pm.
Councillor Fulton advised her withdrawal as seconder of the motion proposed by Councillor Rainey. The motion was withdrawn.
Councillor McGurk, seconded by Councillor Fulton, moved the motion which had been tabled by Mr Ward (A1394559).
The Mayor and Deputy Mayor congratulated officers on the consultation and public response for the Stoke Community and Sports Facility design.
In response to a question, it was confirmed that a cafe would require a notified resource consent.
Concern was raised that precedent was being set with Council fully funding a community facility.
Mr Olverson advised there would be further public consultation on the design of the facility in September, followed by modelling and traffic design. He said there would be councillor workshops in October and November and a final report on the design would be with Council by December 2015.
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Resolved CL/2015/026 THAT the Concept design (A1380158) to construct the new Stoke Community and Sports Facility at the Greenmeadows site be approved to allow detailed design to commence and resource/building consents to be secured with the inclusion of: · Acoustic folding doors; · A maximum of $50,000 from within the budget be allocated for enhancements to improve the energy efficiency and environmental sustainability of the building; · A space which could be used in the future as a commercial café; AND THAT the budget to complete the Stoke Community and Sports Facility at Greenmeadows is increased to $6.14 million (over two financial years). |
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1 A1391002 - Tabled Document - Urban Design Panel Report - 20Jul2015 - Stoke Greenmeadows 2 A1394559 - Tabled Document - Stoke Community and Sports Facility Alternative Recommendation |
13.3 Community Assistance Policy Review
It was reiterated that Community Assistance was going through a transition phase.
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Resolved CL/2015/027 THAT the amended Community Assistance Policy (A1366133) be adopted; AND THAT the Community Investment Funding Implementation Plan (A1367556) be adopted. |
14. Nelson Regional Sewerage Business Unit - 13 March 2015
Document number M1268, agenda pages 139 - 142 refer.
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Resolved CL/2015/028 THAT the minutes of a meeting of the Nelson Regional Sewerage Business Unit, held on 13 March 2015, be received. |
15. Chief Executive Employment Committee - 15 June 2015
Document number M1274, agenda pages 143 - 147 refer.
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Resolved CL/2015/029 THAT the unconfirmed minutes of a meeting of the Chief Executive Employment Committee, held on 15 June 2015, be received. |
16. Planning and Regulatory Committee - 25 June 2015
Document number M1302, agenda pages 148 - 160 refer.
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Resolved CL/2015/030 THAT the unconfirmed minutes of a meeting of the Planning and Regulatory Committee, held on 25 June 2015, be received. |
16.1 Election signs - current practice and issues
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Resolved CL/2015/031 THAT election sign rules in the Nelson Resource Management Plan be considered for change as part of the Nelson Plan review. |
16.2 Plan Change 18 Nelson South Operative Date
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Resolved CL/2015/032 THAT Council resolves to make Plan Change 18 – Nelson South operative on 17 August 2015, pursuant to Clause 20(1) of the First Schedule of the Resource Management Act 1991. |
17. Governance Committee - 9 July 2015
Document number M1338, agenda pages 173 - 181 refer.
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Resolved CL/2015/033 THAT the unconfirmed minutes of a meeting of the Governance Committee, held on 9 July 2015, be received. |
17.1 Memorandum of Understanding for Uniquely Nelson 2015-16
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Resolved CL/2015/034 THAT the amended Memorandum of Understanding between Uniquely Nelson and Nelson City Council (A1380525) is approved for signing. |
17.2 The Ridgeways Joint Venture Half Yearly Report and Draft Statement of Intent 2015/16
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Resolved CL/2015/035 THAT the Ridgeways Joint Venture Statement of Intent 2015/16 (A1377704) be approved for signing, subject to minor edits. |
18. Commercial Subcommittee - 9 July 2015
Document number M1337, agenda pages 182 - 183 refer.
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Resolved CL/2015/036 THAT the unconfirmed minutes of an extraordinary meeting of the Commercial Subcommittee, held on 9 July 2015, be received. |
19. Chief Executive Employment Committee - 15 July 2015
Document number M1349, agenda pages 184 - 186 refer.
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Resolved CL/2015/037 THAT the unconfirmed minutes of an extraordinary meeting of the Chief Executive Employment Committee, held on 15 July 2015, be received. |
Attendance: The meeting adjourned from 1.31pm to 1.40pm.
20. Forestry Harvest on Dun Mountain Walkway
Document number R4573, agenda pages 119 - 138 refer.
Acting Manager Operations, Marg Parfitt, and Acting Group Manager Infrastructure, Shane Davies, presented the report.
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Resolved CL/2015/038 THAT the report Forestry Harvest on Dun Mountain Walkway (R4573) and its attachments (A1387171, A1389463, A1388793, A1385932, A1389460, A1387097, A1389281, A1388952 and A1384931) be received; |
Ms Parfitt confirmed that an independent peer review had supported the harvesting of the trees in 2015. She added that the value of trimmed logs was forecast to rise. Ms Parfitt also advised that all earthworks would be assessed prior, during and post harvest.
Ms Parfitt showed an image of a draft harvest plan (A1394736) and a photo of the Dun Mountain Trail (A1394746). She confirmed that heavy machinery and log skidding would avoid the Dun Mountain Trail wherever practicable.
Ms Parfitt advised that harvesting costs would significantly increase if an alternative extraction route or method was used.
In response to questions, Ms Parfitt advised that no costs would be incurred under the emissions trading scheme for the retirement of this forestry block. She said the Dun Mountain Trail would be unavailable for the entire harvesting period, no matter which extraction route was used.
Attendance: Councillor Matheson left the meeting at 1.56pm.
A suggestion was made that while the Trail was closed there was an opportunity to carry out upgrades and remediation work. Ms Parfitt advised that consent and design timeframes would mean this work would likely not start in time.
In response to a question, Ms Parfitt advised that standard practice was to let the ground settle for one year post harvest. She emphasised that the upcoming review of forestry would determine the future use of the site.
Attendance: Councillor Matheson returned to the meeting at 1.59pm.
Mr Davies advised the harvest price from contractors included remediation work required if any part of the Dun Mountain Trail was damaged.
In response to a question, Group Manager Corporate Services, Nikki Harrison, confirmed the forestry account was a closed account and was not linked to rates. She advised any profit in the account would be used to pay down debt and highlighted that forestry was a long term investment.
Councillor Lawrey, seconded by Councillor Fulton, moved the second clause of the officer recommendation.
Attendance: The meeting adjourned from 2.23pm to 2.29pm.
In response to a question, Ms Parfitt confirmed that the Brook Waimarama Sanctuary Trust had approached Council and asked that the harvesting be brought forward six weeks as the Trust was ahead of its fence programme.
Councillor Matheson moved, seconded by Councillor Davy, a procedural motion.
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Resolved CL/2015/039 THAT pursuant to Standing Order 3.12.1, the motion under debate now be put. |
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Resolved CL/2015/040 AND THAT the harvesting of the Dun Mountain Trail forest block proceeds forthwith. |
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1 A1394736 - Draft Harvest Plan 2 A1394746 - Image of Dun Mountain Trail |
Attendance: Councillors Davy and Matheson left the meeting at 2.34pm.
21. Sister City Trip to China Presentation
Bill Findlater, Charles Eason and Tony Gray gave a PowerPoint presentation on the recent Sister City Trip to China (A1394833).
Mr Findlater emphasised that the position of Mayor was an esteemed role in China.
Mr Eason provided detail on overseas staff at the Cawthron Institute and spoke about an upcoming conference which would benefit the Nelson region.
Mr Gray spoke about the need to build relationships with other polytechnics and universities in China, and emphasised mayoral leadership in this area was crucial.
Mr Findlater provided further detail on the China economy. In response to a question, he confirmed that the Economic Development Agency was the link between local government and industry.
Mr Gray spoke about the capacity of the Nelson Marlborough Institute of Technology, and said there were often restrictions in areas such as accommodation.
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1 A1394833 - Presentation - Sister City Trip to China |
Attendance: The meeting adjourned from 3.10 to 3.17pm.
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Her Worship the Mayor tabled an updated Exclusion of the Public resolution (A1392692). |
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Resolved CL/2015/042 THAT the public be excluded from the following parts of the proceedings of this meeting. 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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1 A1392692 - Tabled Document - Amended Public Excluded Resolution |
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General subject of each matter to be considered |
Reason for passing this resolution in relation to each matter |
Particular interests protected (where applicable) |
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1 |
Nelson City Council Public Excluded Minutes 9 June 2015
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Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7 |
The withholding of the information is necessary: · Section 7(2)(g) To maintain legal professional privilege |
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Nelson City Council Public Excluded Minutes 11 June 2015
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Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7 |
The withholding of the information is necessary: · Section 7(2)(c)(ii) To protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely otherwise to damage the public interest · Section 7(2)(g) To maintain legal professional privilege · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) |
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3 |
Status Report - Council - 23 July 2015
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Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7 |
The withholding of the information is necessary: · Section 7(2)(g) To maintain legal professional privilege · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) |
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4 |
Appointment of additional District Licensing Committee members
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Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7 |
The withholding of the information is necessary: · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person |
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Chief Executive Employment Committee Meeting Minutes - Public Excluded - 15 June 2015 Chief Executive Performance / Remuneration Review Process and Timeline |
Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7. |
The withholding of the information is necessary: · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person.
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Planning and Regulatory Committee Meeting Minutes - Public Excluded - 25 June 2015 |
Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7. |
The withholding of the information is necessary: · Section 7(2)(g) To maintain legal professional privilege. |
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Community Services Committee Meeting Minutes - Public Excluded - 2 July 2015 |
Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7. |
The withholding of the information is necessary: · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations). |
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Governance Committee Meeting Minutes - Public Excluded - 9 July 2015 Appointment of Directors to Tourism Nelson Tasman Ltd and the Nelson Regional Economic Development Agency 2015 |
Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7. |
The withholding of the information is necessary: · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person. |
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Extraordinary Chief Executive Employment Committee Meeting Minutes - Public Excluded - 15 July 2015 Proposed Performance Agreement Chief Executive Nelson City Council Plan Year 2015/2016 |
Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7. |
The withholding of the information is necessary: · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person. |
The meeting went into public excluded session at 3.18pm and resumed in public session at 3.51pm.
24. Re-admittance of the Public
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Resolved CL/2015/043 THAT the public be re-admitted to the meeting. |
There being no further business the meeting ended at 3.51pm.
Confirmed as a correct record of proceedings:
