AGENDA
Ordinary meeting of the
Nelson City Council
Thursday 15 October 2015
Commencing at 9.00am
Council Chamber
Civic House
110 Trafalgar Street, Nelson
Membership: Her Worship the Mayor Rachel Reese (Chairperson), Councillors Luke Acland, Ian Barker, Ruth Copeland, Eric Davy, Kate Fulton, Matt Lawrey, Paul Matheson (Deputy Mayor), Brian McGurk, Gaile Noonan, Pete Rainey, Tim Skinner and Mike Ward
Nelson City Council
15 October 2015
Opening Prayer
Nil
2. Confirmation of Order of Business
3.1 Updates to the Interests Register
3.2 Identify any conflicts of interest in the agenda
4.1 Cynthia McConville from Nelson Walkers
Ms McConville will speak on policy and guidelines about shared pathways.
4.2 Lindsay Wood
Mr Wood will be speaking on the ship to ship transfer of petroleum products.
Document number M1438
Recommendation
THAT the minutes of the meeting of the Council, held on 3 September 2015, be confirmed as a true and correct record.
Document number M1473
Recommendation
THAT the minutes of the meeting of the Council, held on 15 September 2015, be confirmed as a true and correct record.
6. Status Report - Council - 15 October 2015 39 - 47
Document number R4962
Recommendation
THAT the Status Report Council 15 October 2015 (R4962) and its attachment (A1168168) be received.
7. Ship to Ship Transfer of Fuels 48 - 68
Document number R4350
Recommendation
THAT the report Ship to Ship Transfer of Fuels (R4350) and its attachment (A1410835) be received.
Recommendation to Council
THAT the Nelson City Council informs Maritime New Zealand that in the absence of specific details on ship to ship transfer of fuels operations the Council either:
(a) Conditionally supports the ship to ship transfer of fuels in our territorial waters provided the operations are conducted in accordance with conditions and criteria determined by Maritime New Zealand and the harbourmaster; or
(b) Opposes the ship to ship transfer of fuels in our territorial waters.
8. Addendum to Ship to Ship Transfer of Fuels report 69 - 71
Document number R4965
9. Mayor's Report 72 - 75
Document number R4971
Recommendation
THAT the Mayor's Report (R4971) and its attachment (A1416802) be received;
AND THAT the Stoke Redevelopment Working Party terms of reference (A1416802) be received.
10. Adoption of the Brook Recreation Reserve Management Plan 76 - 83
Document number R4142
Recommendation
THAT the report Adoption of the Brook Recreation Reserve Management Plan (R4142) and its attachments (A1436078 and A1438749) be received;
AND THAT the Brook Recreation Reserve Management Plan, as amended by the Hearing Panel following consideration of submissions, be adopted in principle;
AND THAT the Chief Executive be delegated authority to proceed to stop the following two sections of formed legal road as shown on plan (A1438749);
AND THAT the Chief Executive be delegated authority to Gazette the entire area covered by the Brook Recreation Reserve Management Plan, as shown on plan (A1438749), as a Local Purpose Reserve (Recreation); and the road reserve which extends into the Sanctuary lease area as Local Purpose Reserve (Wildlife Sanctuary);
AND THAT, once the Gazettal process is complete, a report be brought back to Council to enable the Brook Recreation Reserve Management Plan to take effect;
AND THAT Officers prepare a Comprehensive Development Plan for the area covered by the Brook Recreation Reserve Management Plan.
11. Active Travel and Pathway Based Recreation Policy 84 - 109
Document number R4694
Recommendation
THAT the report Active Travel and Pathway Based Recreation Policy (R4694) and its attachments (A1427375, A1439527, A1439552) be received;
AND THAT the Active Travel and Pathway Based Recreation Policy (A1427375) be adopted in principle.
12. Adoption of Annual Report 2014/15 110 - 113
Document number R4764
Recommendation
THAT the report Adoption of Annual Report 2014/15 (R4764) and its attachment (A1396738) be received;
AND THAT the Annual Report for the year ended 30 June 2015 (A1396738) be adopted in accordance with s98 of the Local Government Act 2002;
AND THAT the Mayor and Chief Executive be delegated the authority to make minor changes, including the addition of the Foreword to the Annual Report 2014-15, and any suggested changes by Audit New Zealand.
13. Events Strategy Review: Terms of Reference 114 - 126
Document number R4916
Recommendation
THAT the report Events Strategy Review: Terms of Reference (R4916) and its attachment (A1413546) be received;
AND THAT the draft Terms of Reference (A1413546) for the review of the Events Strategy be approved;
AND THAT the Mayor and Chief Executive be delegated to make any minor editorial changes as required before the Terms of Reference are released.
14. Trafalgar
Centre Northern Building - Concept
Plans 127 - 137
Document number R4951
Recommendation
THAT the report Trafalgar Centre Northern Building - Concept Plans (R4951) and its attachments (A1439311 and A1439312) be received;
AND THAT the Northern Building Concept Plans as outlined be approved;
AND THAT the Northern Building work package be subject to detailed design, scheduling and pricing including a due diligence process to determine a total out-turn cost;
AND THAT the approval process be followed for the total out-turn cost as resolved by Council 3 September 2015.
15. Administrative Matters 138 - 145
Document number R4898
Recommendation
THAT the report Administrative Matters (R4898) and its attachments (A1400594, A1431584 and A1431605) be received;
AND THAT the Elected Member’s Code of Conduct be amended to include the Procedure for Leave of Absence (A1400594);
AND THAT Schedule Five – Other Organisations (A1431584) be updated in the Delegations Register to formalise Councillor Davy’s role as a representative at the Accessibility for All organisation;
AND THAT Schedule Six – Appointed Champions (A1431605) be included in the Delegations Register.
16. Nelson Regional Sewerage Business Unit - 19 June 2015 146 - 150
Document number M1293
Recommendation
THAT the confirmed minutes of a meeting of the Nelson Regional Sewerage Business Unit, held on 19 June 2015, be received.
17. Joint
Shareholders Committee - 2 September
2015 151 - 156
Document number M1427
Recommendation
THAT the unconfirmed minutes of a meeting of the Joint Shareholders Committee, held on 2 September 2015, be received.
18. Civil Defence Emergency Management Group - 2 September 2015 157 - 158
Document number M1429
Recommendation
THAT the unconfirmed minutes of a meeting of the Civil Defence Emergency Management Group, held on 2 September 2015, be received.
19. Works and Infrastructure Committee - 10 September 2015 159 - 166
Document number M1457
Recommendation
THAT the unconfirmed minutes of a meeting of the Works and Infrastructure Committee, held on 10 September 2015, be received.
19.1 Water Supply, Wastewater, Stormwater/Flood Protection Asset Management Plans 2015-2025
Recommendation to Council
THAT the Water Supply, Wastewater, Stormwater/Flood Protection Asset Management Plans 2015-2025 (A824126, A824068 and A824368), amended to reflect the approved Long Term Plan 2015- 2025, be adopted.
Note: the Asset Management Plans can be found on the Google Drive for Councillors and are available on request from an Administration Adviser.
19.2 Solid Waste: Acceptance of Contaminated Soil from Sites on the Hazardous Activities and Industries List (HAIL)
Recommendation to Council
THAT Council approve the development of a consent practice note that will allow the receiving of up to 25m3 soil (at the York Valley landfill) from a HAIL site (to align with the National Environmental Standards for Assessing and Managing Contaminants in Soil to Protect Human Health - NESCS), subject to bulk testing at the landfill at current landfill charges;
AND THAT the following concessions for soil from HAIL residential sites be approved (subject to compliance with current York Valley landfill resource consent criteria):
· 40% discount of the applicable landfill charge where the soil has been tested, meets the NESCS recreation standards and can be used as construction/cover material;
· 15% discount of the applicable landfill charge where the soil has been tested, does not meet the NESCS recreation standards and cannot be used as construction/cover material;
AND THAT the following volume concessions for soil from HAIL commercial sites be approved (subject to compliance with current York Valley landfill resource consent criteria), irrespective of whether the material can be used as construction/cover material:
· 0-10,000m3 - 10% discount of the applicable landfill charge;
· >10,000m3 – 15% discount of the applicable landfill charge.
20. Chief Executive Employment Committee - 14 September 2015 167 - 170
Document number M1471
Recommendation
THAT the unconfirmed minutes of a meeting of the Chief Executive Employment Committee, held on 14 September 2015, be received.
21. Planning and Regulatory Committee - 17 September 2015 171 - 178
Document number M1476
Recommendation
THAT the unconfirmed minutes of a meeting of the Planning and Regulatory Committee, held on 17 September 2015, be received.
21.1 Nelson Port and Harbour Marine Safety Code
Recommendation to Council
THAT the Council adopts the Nelson Port and Harbour Marine Safety Code (A1418392) dated August 2015.
21.2 Building and Other Regulatory Activity Management Plan 2015-2025
Recommendation to Council
THAT the Building and Other Regulatory Activity Management Plan 2015-2025 (A1150957), amended to reflect the Long Term Plan 2015-2025, be adopted.
Note: the Activity Management Plan can be found on the Google Drive for Councillors and are available on request from an Administration Adviser.
21.3 Environment Activity Management Plan 2015-2025
Recommendation to Council
THAT the Environment Activity Management Plan 2015-2025 (A1243203), amended to reflect the Long Term Plan 2015-25, be adopted.
Note: the Activity Management Plan can be found on the Google Drive for Councillors and are available on request from an Administration Adviser.
22. Community Services Committee - 24 September 2015 179 - 189
Document number M1496
Recommendation
THAT the unconfirmed minutes of a meeting of the Community Services Committee, held on 24 September 2015, be received.
22.1 Arts Activity Management Plan 2015-25
Recommendation to Council
THAT the Arts Activity Management Plan 2015-2025 (A1126659), amended to reflect the Long Term Plan 2015-25, be adopted.
Note: the Activity Management Plan can be found on the Google Drive for Councillors and are available on request from an Administration Adviser.
22.2 Community Investment Funding Panel Terms of Reference
Recommendation to Council
THAT the Community Investment Funding Panel Terms of Reference (A1381696) are adopted and four community representatives are appointed to the membership of the Panel from September 2015 to June 2017 to incorporate the 2015/16 and 2016/17 financial years;
AND THAT the delegations register is updated in accordance with document A1426782 to incorporate the Community Investment Funding Panel and amend the name of the fund and delegated role of the Community Services Committee;
AND THAT the Community Assistance Policy is amended to reflect the changes in membership of the Community Investment Funding Panel as proposed in document A1427107.
22.3 Broadgreen House - Change Proposal
Recommendation to Council
THAT Broadgreen House operate over winter with reduced opening hours of 11am-3pm and return to full opening hours, 10.30am-4.30pm, from 1 October to 31 May;
AND THAT Broadgreen Society take responsibility for providing volunteer guides necessary to enable Broadgreen House to remain open over winter;
AND THAT Council agrees in principle that all revenue from house entrance fees and souvenir sales be retained by Council and used to fund heritage promotions, exhibitions and other activities;
AND THAT staff negotiate a new Areas of Financial Responsibility agreement with Broadgreen Society to reflect Council decisions.
23. Governance Committee - 1 October 2015 190 - 196
Document number M1503
Recommendation
THAT the unconfirmed minutes of a meeting of the Governance Committee, held on 1 October 2015, be received.
23.1 Service Level Reviews Under Section 17A Local Government Act
Recommendation to Council
THAT approval is given for officers to prepare scope of work and resourcing needed for service level review to comply with the requirements of Section 17A of the Local Government Act 2002;
AND THAT officers prepare a draft criteria of factors to be considered to determine if a service level review of an activity or contract is to be implemented;
AND THAT these matters are reported back to the Governance Committee;
AND THAT the Governance Committee maintains oversight of service level reviews.
23.2 Carry Forwards from 2014/15
Item from Audit, Risk and Finance Subcommittee meeting - 10/09/2015
Recommendation to Council
THAT $4,233,000 of unspent capital budget from 2014/15 be carried forward for use in 2015/16;
AND THAT $403,000 of capital spent in 2014/15 be offset against 2015/16 budgets;
AND THAT an amount of $107,000 operating budget be carried forward for use in 2015/16.
23.3 Draft Internal Audit Charter
Item from Audit, Risk and Finance Subcommittee meeting - 10/09/2015
Recommendation to Council
THAT the Draft Internal Audit Charter (A1395134) as amended as per the Audit, Risk and Finance Subcommittee minutes 10 September 2015 be approved.
Public Excluded Business
Recommendation
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:
|
Item |
General subject of each matter to be considered |
Reason for passing this resolution in relation to each matter |
Particular interests protected (where applicable) |
|
1 |
Council Meeting - Public Excluded Minutes - 3 September 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. · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations). · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person. · Section 7(2)(h) To enable the local authority to carry out, without prejudice or disadvantage, commercial activities. · Section 7(2)(j) To prevent the disclosure or use of official information for improper gain or improper advantage. |
|
2 |
Status Report - Council - 15 October 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 · Section 7(2)(g) To maintain legal professional privilege · Section 7(2)(h) To enable the local authority to carry out, without prejudice or disadvantage, commercial activities · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) |
|
3 |
Relocation of Rutherford Park community groups
|
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) |
|
4 |
Expression of Interest - Rugby League World Cup 2017
|
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)(b)(ii) To 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 · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) |
|
5 |
Administrative Matters This report contains information relating to: · Leave of absence request · Joint regional landfill · Impact of high court decision · Authority for unbudgeted expenditure
|
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 · 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)(h) To enable the local authority to carry out, without prejudice or disadvantage, commercial activities · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) |
|
6 |
Supplementary Information to Report R4188 - Akersten Street Land Purchase
|
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)(b)(ii) To 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 |
|
7 |
Joint Shareholders Committee Meeting Minutes - Public Excluded - 2 September 2015 These minutes contain no recommendations to Council |
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. · Section 7(2)(h) To enable the local authority to carry out, without prejudice or disadvantage, commercial activities. · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations). |
|
8 |
Works and Infrastructure Committee Meeting Minutes - Public Excluded - 10 September 2015 These minutes contain no recommendations to Council |
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. · Section 7(2)(h) To enable the local authority to carry out, without prejudice or disadvantage, commercial activities. · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations). · Section 7(2)(j) To prevent the disclosure or use of official information for improper gain or improper advantage. |
|
9 |
Chief Executive Employment Committee Meeting Minutes - Public Excluded - 14 September 2015 These minutes contain a recommendation regarding the Performance Agreement with Chief Executive 2015/16 |
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. |
|
10 |
Community Services Committee Meeting Minutes - Public Excluded - 24 September 2015 These minutes contain recommendations regarding: · Community Housing Management Contract · Saxton Oval Electricity Upgrade |
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). · Section 7(2)(b)(i) To protect information where the making available of the information would disclose a trade secret. · Section 7(2)(h) To enable the local authority to carry out, without prejudice or disadvantage, commercial activities. |
|
11 |
Governance Committee Meeting Minutes - Public Excluded - 1 October 2015 These minutes contain recommendations regarding: · Akersten Street Land Purchase - Landings Holding Limited · City of Nelson Civic Trust - New Trustee · Bishop Suter Trust - Trustee rotation and remuneration · Economic Development Services Contract with Tasman District Council · Property Asset Review - 3 Precincts Workshop |
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)(h) To enable the local authority to carry out, without prejudice or disadvantage, commercial activities. · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations). · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person. |
25. Re-admittance of the public
Recommendation
THAT the public be re-admitted to the meeting.
Note:
· This meeting is expected to continue beyond lunchtime.
· Lunch will be provided at 12.30pm.
Minutes of a meeting of the Nelson City Council
Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson
On Thursday 3 September 2015, commencing at 9.02am
Present: Her Worship the Mayor R Reese (Chairperson), Councillors L Acland, I Barker, R Copeland, E Davy, 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 Infrastructure (A Louverdis), Group Manager Strategy and Environment (C Barton), Group Manager Community Services (C Ward), Group Manager Corporate Services (N Harrison), Senior Strategic Adviser (N McDonald), Manager Communications (P Shattock), Manager Administration (P Langley), and Administration Adviser (G Brown)
Apology: Councillor K Fulton
Opening Prayer
Councillor Davy gave the opening prayer.
1. Apology
|
Resolved CL/2015/040 THAT an apology be received and accepted from Councillor Fulton. Her Worship the Mayor/Copeland Carried |
2. Confirmation of Order of Business
Her Worship the Mayor advised that she would be leaving the meeting at 10.00am and that Councillor Matheson would assume the Chair in her absence.
Her Worship the Mayor added that items would be reordered in her absence with minutes being considered first.
3. Interests
There were no updates to the Interests Register, and no interests with items on the agenda were declared.
4. Public Forum
4.1 Lindsay Wood - Information Gap on Climate Change and Fossil Fuels
Lindsay Wood spoke about the information gap on climate change and fossil fuels and referred to a tabled document (A1417841).
|
Attachments 1 A1417841 - Tabled Document - Lindsay Wood Climate Change |
5. Trafalgar Centre Reopening
Document number R4749, agenda pages 97 - 107 refer.
Consulting Engineer, Mr Richard Kirby, presented the report.
Mr Kirby referred to the tabled document A1421326, which highlighted changes to the Officer’s report.
In response to a question, Mr Kirby advised that the Rutherford Park development was not included in this report, and that the design would come back to Council in November 2016.
In response to a further question, Mr Kirby explained the term ‘uplift’ referred to costs such as physical and preliminary costs, oversight of projects and subcontractors.
Mr Kirby advised that ground movement after an earthquake could be significant and these movements had been considered as part of the ground work.
Attendance: Councillor Matheson left the meeting from 9.31am to 9.33am.
In response to a question, Mr Kirby clarified that the Rutherford Park development would be from a separate budget.
Councillor Matheson, seconded by Councillor Copeland, moved the recommendation in the Officer’s report.
It was discussed that delegated authority should be extended and that capital expenditure did not include Rutherford Park.
With the agreement of the mover and seconder clauses 5 and 6 were expanded on.
Attendance: The meeting adjourned at 9.50am until 9.51am.
A division was called:
|
Councillor Acland |
Aye |
|
Councillor Barker |
Aye |
|
Councillor Copeland |
Aye |
|
Councillor Davy |
Aye |
|
Councillor Fulton |
Apology |
|
Councillor Lawrey |
Aye |
|
Councillor Matheson |
Aye |
|
Councillor McGurk |
Aye |
|
Councillor Noonan |
Aye |
|
Councillor Rainey |
Aye |
|
Councillor Skinner |
Aye |
|
Councillor Ward |
Aye |
|
Her Worship the Mayor |
Aye |
The motion was carried, 12-0.
|
Resolved CL/2015/042 THAT the report Trafalgar Centre Reopening (R4749) be received; AND THAT Gibbons Construction Ltd be contracted to undertake the physical works associated with the reopening of the Trafalgar Centre and the development of Rutherford Park; AND THAT the scope of work contained within the Trafalgar Centre Reopening Project and the Rutherford Park Development be grouped into five packages: Compliance works and ground improvement; Southern extension; Main building, infrastructure/external works and maintenance items; Northern building; Rutherford Park; AND THAT each package be subject to detailed design, scheduling and pricing with due diligence to determine a total out-turn cost for that package; AND THAT the total budget for the refurbishment of the Trafalgar Centre (noting this does not include capital expenditure for Rutherford Park) be approved at $12.289M in the 2015/16 year; AND THAT the Chief Executive, Her Worship the Mayor, Chair of Community Services and Chair of Works and Infrastructure (or their Deputies) be given delegated authority to approve the total out-turn cost for each package provided it is equal to or below the relevant July 2015 estimate for that package. Matheson/Copeland Carried |
|
Attachments 1 A1421326 - Tabled Document - Update to Trafalgar Centre Reopening Report |
Attendance: Her Worship the Mayor left the meeting at 9.52am, at which time the Deputy Mayor assumed the Chair.
|
6. Confirmation of Order of Business (Cont.) |
|
|
6.1 Economic Development Services Transition Group |
|
|
|
The Deputy Mayor advised of one late item for the public excluded part of the meeting, and that the following resolution needed to be passed for the item to be considered: |
|
|
Resolved CL/2015/043 THAT the public excluded item regarding Economic Development Services Transition Group be considered at this meeting as a major item not on the agenda, pursuant to Section 46A(7)(a) of the Local Government Official Information and Meetings Act 1987, to enable a timely decision to be made. Matheson/Davy Carried |
7. Administrative Matters
Document number R4509, agenda pages 42 - 63 refer.
Manager Administration, Penny Langley, presented the report.
In response to a question, Ms Langley clarified that the Long Term Plan 2015-25 resolutions would need to be tracked through the Council meeting and not the relevant committee.
It was discussed the meeting attendance did not fairly represent the hours that were required from Councillors, as workshops were not recorded.
|
Resolved CL/2015/044 THAT the report Administrative Matters (R4509) and its attachments (A1409925, A1103850, A1401600, A1402955, A1363844 and A1294879) be received; AND THAT the amendments to Standing Orders in terms of joint committees and live video-streaming of meetings, as detailed in Attachment 6 (A1294879), be approved; AND THAT the leave of absence requested by Councillor Davy, from 14 January 2016 to 14 February 2016 inclusive, be granted; AND THAT the Schedule of Documents Sealed (A1363844) be received and the approval of the fixing of the seal be confirmed in relation to those documents and the warrants of appointment detailed in that schedule. Davy/Skinner Carried |
8. Nelson School of Music (NSOM) Redevelopment - Project Governance
Document number R4528, agenda pages 64 - 67 refer.
Group Manager Community Services, Chris Ward, presented the report.
|
Resolved CL/2015/045 THAT the report Nelson School of Music (NSOM) Redevelopment - Project Governance (R4528) be received; AND THAT whilst the project is owned by the Nelson School of Music, a Project Governance Committee be established, to recognise Council’s considerable investment; AND THAT whilst the Project Governance Committee is a joint committee of Council and Nelson School of Music Board members, accountability is clearly understood to lie with the Nelson School of Music; AND THAT the membership be Roger Taylor, Chair, and Mark Christensen on behalf of the Nelson School of Music Board, and the Group Manager Infrastructure (or his nominee) and the Group Manager Corporate Services (or her nominee); AND THAT Council’s contribution to the building is capped at 50%, to a maximum of $3 million, noting that the initial kick-start of $150,000 for project management is in addition to this. Davy/Ward Carried |
9. Development and Financial Contributions Policy 2015 - Dissemination of Information to the Development Community
Document number R4691, agenda pages 81 - 85 refer.
Senior Strategic Adviser, Nicky McDonald, presented the report.
Ms McDonald clarified that the names which had an asterix next to them reflected that they had made a submission to the Long Term Plan 2015-25.
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Resolved CL/2015/046 THAT the report Development and Financial Contributions Policy 2015 - Dissemination of Information to the Development Community (R4691) and its attachment (A1410906) be received; AND THAT it be noted that information about the Policy has been disseminated to the development community and, given the positive feedback received, that no amendments to the Policy are proposed. Barker/Rainey Carried |
10. Nelson Regional Sewerage Business Unit - Memorandum of Understanding
Document number R4743, agenda pages 86 - 96 refer.
The Chief Executive, Clare Hadley, presented the report.
Mrs Hadley advised that both Tasman District Council (TDC) and Nelson City Council collectively nominated an independent person to the business unit.
Mrs Hadley highlighted the change in quorum requirements in that one member from each Council was required.
In response to a question, Mrs Hadley confirmed that TDC would be considering this report also.
|
Resolved CL/2015/047 THAT the report Nelson Regional Sewerage Business Unit - Memorandum of Understanding (R4743) and its attachment (A1408609) be received; AND THAT Council enters into the agreement with Tasman District Council (A1408609) that is attached to this report for the purpose of appointing a joint committee; AND THAT Council constitutes the joint committee to be known as the Nelson Regional Sewerage Business Unit joint committee with Tasman District Council; AND THAT Council appoints Councillor Copeland and Mr Derek Shaw as its members; AND THAT Council agrees to the non-voting representative members being M Hippolite (Iwi) and P Wilson (Industry Customers); AND THAT Council authorises the Chief Executive to update the Council’s Delegations Manual and Local Governance Statement to give effect to the agreement. Matheson/Davy Carried |
Attendance: The meeting adjourned for morning tea at 10.16am until 10.30am.
11. Confirmation of Minutes
11.1 23 July 2015
Document number M1366, agenda pages 13 - 30 refer.
|
Resolved CL/2015/048 THAT the minutes of the meeting of the Council, held on 23 July 2015, be confirmed as a true and correct record. Davy/Noonan Carried |
12. Status Report - Council - 3 September 2015
Document number R4762, agenda pages 31 - 40 refer.
|
Resolved CL/2015/049 THAT the Status Report Council 3 September 2015 (R4762) and its attachment (A1168168) be received. Rainey/Copeland Carried |
13. Joint Shareholders Committee - 24 July 2015
Document number M1369, agenda pages 108 - 111 refer.
|
Resolved CL/2015/050 THAT the unconfirmed minutes of an extraordinary meeting of the Joint Shareholders Committee, held on 24 July 2015, be received. McGurk/Davy Carried |
14. Works and Infrastructure Committee - 30 July 2015
Document number M1375, agenda pages 112 - 117 refer.
|
Resolved CL/2015/051 THAT the unconfirmed minutes of a meeting of the Works and Infrastructure Committee, held on 30 July 2015, be received. Davy/Skinner Carried |
15. Planning and Regulatory Committee - 6 August 2015
Document number M1394, agenda pages 118 - 126 refer.
|
Resolved CL/2015/052 THAT the unconfirmed minutes of a meeting of the Planning and Regulatory Committee, held on 6 August 2015, be received. McGurk/Davy Carried |
15.1 Local Approved Products Policy (LAPP) Deliberations Report
|
Resolved CL/2015/053 THAT the Local Approved Products Policy (A375469) be adopted. McGurk/Rainey Carried |
15.2 Nelson Plan Update August 2015
|
Resolved CL/2015/054 THAT the review of the Nelson Resource Management Plan, Nelson Air Quality Plan and Regional Policy Statement hereafter be referred to as the draft Whakamahere Whakatu Nelson Plan. McGurk/Davy Carried |
16. Community Services Committee - 13 August 2015
Document number M1402, agenda pages 127 - 133 refer.
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Resolved CL/2015/055 THAT the unconfirmed minutes of a meeting of the Community Services Committee, held on 13 August 2015, be received. Rainey/Noonan Carried |
17. Governance Committee - 20 August 2015
Document number M1409, agenda pages 134 - 139 refer.
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Resolved CL/2015/056 THAT the unconfirmed minutes of a meeting of the Governance Committee, held on 20 August 2015, be received. Barker/Acland Carried |
17.1 Tourism Nelson Tasman Limited Statement of Intent 2015/16
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Resolved CL/2015/057 THAT the Tourism Nelson Tasman Limited Statement of Intent 2015/16 (A1389798) be approved for signing. Barker/Ward Carried |
17.2 Update on charging interest on general debtors
Item from Audit, Risk and Finance Subcommittee meeting - 30/07/2015
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Resolved CL/2015/058 THAT the Draft Debt Management Policy (A1353429) be approved. Barker/McGurk Carried |
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18. Exclusion of the Public |
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Resolved CL/2015/059 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: Copeland/McGurk Carried |
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Item |
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 |
Council Meeting - Public Excluded Minutes - 23 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)(g) To maintain legal professional privilege. · 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)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations). · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person. |
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2 |
Extraordinary Joint Shareholders Committee Meeting - Public Excluded Minutes - 24 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). · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person. |
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3 |
Works and Infrastructure Committee Meeting - Public Excluded Minutes - 30 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)(h) To enable the local authority to carry out, without prejudice or disadvantage, commercial activities. · 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 |
Community Services Committee Meeting - Public Excluded Minutes - 13 August 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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5 |
Governance Committee Meeting - Public Excluded Minutes - 20 August 2015 These minutes contain information regarding: Burrell Park Building Purchase Nelson Directors’ Fees 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)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations). · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person. · Section 7(2)(h) To enable the local authority to carry out, without prejudice or disadvantage, commercial activities. |
The meeting went into public excluded session at 10.48am and resumed in public session at 11.07am. During this time Councillor Skinner left the meeting.
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19. Re-admittance of the Public |
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Resolved CL/2015/060 THAT the public be re-admitted to the meeting. Matheson/Ward Carried |
Attendance: The meeting adjourned at 11.10am until 11.14am. During this time Her Worship the Mayor returned to the meeting and assumed the Chair.
20. Mayor's Report
Document number R4766, agenda pages 41 - 41 refer.
There was a discussion regarding climate change and how airlines were contributing to it.
Attendance: Councillor Lawrey left the meeting at 11.26am.
Her Worship the Mayor said that all corporations needed to consider climate change and that airlines were aware of the issue and focussing on becoming more fuel efficient.
Attendance: Councillor Lawrey returned to the meeting at 11.28am.
Her Worship the Mayor advised councillors of the proposed forestry workshop on Tuesday 15 September.
Councillors discussed the upcoming China week and noted it was important to attend events.
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Resolved CL/2015/061 THAT the Mayor's Report (R4766) be received. Her Worship the Mayor/Matheson Carried |
21. Governance Committee – 20 August 2015 (Cont.)
21.1 Capital Projects 2014/15
Item from Audit, Risk and Finance Subcommittee meeting – 30/07/2015
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Resolved CL/2015/062 THAT Council approves continuing work on 2014/15 capital projects within the 2014/15 approved budgets, noting a report on carry forwards will come to the Audit, Risk and Finance Subcommittee meeting on 10 September 2015. Barker/McGurk Carried |
22. Urban Environments Bylaw 2015 - Sandwich Boards Final Decision
Document number R4562, agenda pages 68 - 80 refer.
It was noted that councillors needed clarification on the term ‘status quo’ as different interpretations existed.
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Resolved CL/2015/063 THAT the report Urban Environments Bylaw 2015 - Sandwich Boards Final Decision (R4562) and its attachments (A1403472 and A1410899) be received; AND THAT the Sandwich Board provisions of the Urban Environments Bylaw 2015 be adopted to include the current wording contained in the June 2015 Urban Environments Bylaw (A1334602) (i.e. by the shop for street level businesses and the kerb for upstairs businesses). McGurk/Barker Carried |
23. Exclusion of the Public
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Resolved CL/2015/064 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: Her Worship the Mayor/Skinner Carried |
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Item |
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 |
Status Report - Council - 3 September 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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2 |
Coastal View Lifestyle Village Road Stopping
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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)(h) To enable the local authority to carry out, without prejudice or disadvantage, commercial activities · 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 |
Economic Development Services Transition Group
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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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4 |
Extraordinary Chief Executive Employment Committee Meeting - Public Excluded Minutes - 15 July 2015 These minutes contain information regarding: The proposed performance agreement Chief Executive 2015/16 |
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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5 |
Governance Committee Meeting - Public Excluded Minutes - 20 August 2015 These minutes contain information regarding: Review of Economic Development Services – next steps |
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). · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person. · Section 7(2)(h) To enable the local authority to carry out, without prejudice or disadvantage, commercial activities. |
The meeting went into public excluded session at 11.38am and resumed in public session at 2.13pm.
21. Re-admittance of the Public
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Resolved CL/2015/065 THAT the public be re-admitted to the meeting. Her Worship the Mayor/Barker Carried |
There being no further business the meeting ended at 2.13pm.
Confirmed as a correct record of proceedings:
Chairperson
Date
Minutes of a meeting of the Nelson City Council
Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson
On Tuesday 15 September 2015, commencing at 9.02am
Present: Her Worship the Mayor R Reese (Chairperson), Councillors L Acland, I Barker, R Copeland, 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), Manager Administration (P Langley), and Administration Advisers (L Canton and S McLean)
Opening Prayer
Councillor Davy gave the opening prayer.
1. Apologies
There were no apologies.
2. Confirmation of Order of Business
Her Worship the Mayor tabled a potential late submission for councillors to consider (memo A1426925, submission A1426845).
Councillor Skinner moved, seconded by Councillor Noonan:
THAT the email from Moira Bauer (A1426845) be received as a late submission to the Proposed Representation Arrangements 2016-2019.
Councillors spoke for and against receiving the late submission
Attendance: Councillor Rainey joined the meeting at 9.07am. The meeting adjourned from 9.09am to 9.10am.
It was noted the comments from Ms Bauer did not directly speak to the matter of proposed representation, and were received very late in the process.
The motion was put and lost.
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Attachments 1 A1426845 - M Bauer Comments on Proposed Representation Arrangements 14Sep2015 2 A1426925 - Memo - late submission - proposed representation arrangements 2016-2019 |
3. Interests
There were no updates to the Interests Register, and no interests with items on the agenda were declared.
4. Deliberation on Submissions to the Proposed Representation Arrangements 2016-2019
Document number A1393937, agenda pages 3 - 11 refer.
Manager Administration, Penny Langley, and Administration Adviser, Linda Canton, presented the report.
Her Worship the Mayor highlighted that officers were proposing to consider both the deliberations and the adoption of a final proposal in the recommendation. Ms Langley confirmed that if the adoption was resolved at the meeting, then the Council meeting set for 1 October was no longer required.
Councillor Davy moved, seconded by Councillor Skinner, the recommendation in the officer’s report.
There was general agreement that the scale of Nelson did not warrant a different representation arrangement. It was pointed out that Nelson City councillors did their best to be accessible to the community, and Council would continue to aim at maximising engagement with the community. It was also highlighted that a community board was not required to make changes within individual areas of the district.
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Resolved CL/2015/065 THAT the report Deliberation on Submissions to the Proposed Representation Arrangements 2016-2019 (A1416714) and its attachments (A1393937 and A1376423) be received; AND THAT having considered both of the submissions to its initial representation proposal for 2016 and 2019, Council rejects the objections raised for the following reasons: · Populations in the areas suggested for wards do not meet the fair representation threshold for a ward;
· There is insufficient evidence to suggest the Whangamoa area is a community of interest distinct from the rest of the district; AND THAT Council adopts its initial representation proposal for the 2016 and 2019 local elections as the Council’s final proposal for public notification. Davy/Skinner Carried |
There being no further business the meeting ended at 9.34am.
Confirmed as a correct record of proceedings:
Chairperson
Date
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Council 15 October 2015 |
REPORT R4962
Status Report - Council - 15 October 2015
1. Purpose of Report
1.1 To provide an update on the status of actions requested and pending.
2. Recommendation
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THAT the Status Report Council 15 October 2015 (R4962) and its attachment (A1168168) be received. |
Gayle Brown
Administration Adviser
Attachments
Attachment 1: A1168168 - Status Report - Council - October 2015
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Council 15 October 2015 |
REPORT R4350
Ship to Ship Transfer of Fuels
Planning and Regulatory Committee at its meeting on 17 September 2015 resolved that the matter be referred to the Council meeting to be held on 15 October 2015.
1. Purpose of Report
1.1 To consider whether the Council can state its position in support, conditional support or opposition to the potential ship to ship transfer of fuels within our territorial waters in the absence of a specific proposal.
2. Delegations
2.1 Maritime and harbour safety and control is an area of responsibility for the Planning and Regulatory Committee. The Committee has the power to decide on this area conferred on Council by relevant legislation. They can also make recommendations to the Council on the review of strategies for their areas of responsibility.
3. Recommendation
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THAT the report Ship to Ship Transfer of Fuels (R4350) and its attachment (A1410835) be received. |
Recommendation to Council
4. Background
4.1 There has been initial interest (no specific or formal proposal) from an overseas based company to transfer fuels from a “mother ship” to other ships. The attraction to the Nelson area is that the swell and wind conditions are generally more suitable here for this operation.
4.2 The initial interest is to transfer light fuels (kerosene or distillate) brought into the region in bulk that will be transferred to smaller tankers and shipped around Australia and New Zealand.
4.3 It is unlikely this activity requires resource consent as it will not involve:
4.3.1 the occupation of the coastal marine area (the operation is not anticipated to occur for a sufficiently long period of time to constitute “occupation” under the Resource Management Act 1991);
4.3.2 the erection of any structures in the coastal marine area;
4.3.3 discharge of contaminants; and
4.3.4 disturbance of the sea bed beyond any disturbance associated with temporary anchoring that may be required.
Any vapour discharge and management would need to be understood to assess whether an air discharge permit is required under the Nelson Air Plan or section 15B of the Resource Management Act.
4.4 The Maritime Transport Act 1994 requires the operator of this activity to notify either the regional council or Maritime New Zealand (MNZ) within 48 hours of starting the operation. Whoever gets notified then needs to share the information with the other organisation but only the Director of MNZ can prohibit the activity or require precautionary measures. In reaching a decision the Director of MNZ would like to know the position of the relevant regional council.
4.5 The harbourmaster has powers under the Maritime Transport Act and the Council’s Navigation Safety Bylaw to take or require measures to be taken to ensure navigation safety in our territorial waters.
5. Discussion
Brief description of the activity
5.1 Most ship to ship transfers last between 24 to 48 hours with a possible three to four separate mooring and unmooring operations. A hose is connected between the ships that are either stationary or slowly moving forward together.
5.2 The fuel transferred would be non-persistent oils such as gasoil and petrol that are highly toxic but relatively easily managed and may not spread as far. A subsequent request may be received to transfer heavier oil (less toxic but can spread over large areas) such as that captured and transferred in Taranaki.
5.3 Currently the ship to ship transfer of fuels in New Zealand occurs mainly in Auckland with the vessels secured alongside a berth where fenders and pollution booms can be put in place. Nelson does not have space at the Port to enable the activity to occur while vessels are tied to a berth.
Risk assessment from the harbourmaster
5.4 The harbourmaster has identified the following possible risks associated with this activity (for the full risk assessment see Attachment 1):
· Collision between the ships;
· The grounding of a ship;
· Unsuitable or deteriorating weather;
· Dragging anchor;
· Spillage on deck;
· Pollution in the sea;
· Mooring failure;
· Inadequate fendering;
· Unsuitable ship;
· Personal injury; and
· Fire.
5.5 The harbourmaster notes the ship to ship fuel transhipment business has a low number of pollution incidents. The vast majority of incidents being mainly attributed to valve failures, tank overflows and hose ruptures that do not always involve pollution to the waterways.
5.6 From an analysis of approximately 1270 transhipment operations worldwide, spread over a period of approximately ten years the following was documented:
· There has never been a major pollution incident;
· Oil leakage was limited to seven minor incidents equal to 5.5 per 1000 transhipments in which oil reached the sea in only two of these incidents;
· Minor steel to steel contact occurred in 11.8 cases per 1000 transhipments;
· Two serious steel to steel contacts occurred causing damage or 1.6 cases per 1000 transhipments;
· Three hose defect incidents occurred or 2.3 per 1000 transhipments;
· In ten years there was one fatality and one other crew injury; and
· In all a total of 36 incidents or 3.5 per year (worldwide).
5.7 In a study conducted for the United States Coastguard in which 2725 transhipments operations were analysed the following was reported:
· From the 2725 operations there were 15 pollution incidents, totalling oil spillage of 45 barrels (7154 litres); and
· There was a computed probability of 23 spillage incidents per every 10000 transfers (one every 36 years if conducting one transhipment per month).
5.8 Overall it is the harbourmaster’s view that ship to ship transfers of fuels can be conducted safely under strict conditions and criteria within Nelson City Council’s territorial waters. Some of these conditions or mitigation measures could include:
· Vetting onboard procedures including vessel suitability and experience and training of the crew;
· Local pilotage;
· Vessels being stationary for the transfer operation;
· Identifying weather and tidal limits;
· The provision, training and testing of emergency response procedures and equipment; and
· Stipulating the location of the operations.
Risk assessment from the on-scene commander (oil spills)
5.9 The current regional response capability is based on incidents responded to over the last 15 years. The training of respondents and equipment held at Nelson is adequate for sheltered water work under favourable weather and tidal conditions.
5.10 For open water response either the ship companies or Port Nelson would need to provide suitable equipment and trained personnel for its use.
5.11 Any specialist equipment should be onsite not onshore and situated where the transfer is taking place as the response time is a critical factor for a successful response.
5.12 Tasman Bay has a range of significant environmental, conservation and cultural values. Council would not want to be in a position where the only possible response option is the use of dispersants.
Response from other regional councils
5.13 Canterbury’s harbourmaster has advised that since they have facility of deep water berths at Port he would oppose this operation at sea. His concerns are for the safety of vessels alongside each other at sea with there being a hostile coastline in the Canterbury region. The transfer could occur with the ships secure alongside a berth at Lyttelton or Timaru.
5.14 In Nelson there is no space at the Port to enable the activity to occur while the vessels are tied to a berth. The Nelson coastline however is not as exposed as the Canterbury coastline.
6. Options
6.1 The Council could choose to do nothing until a specific proposal has been received. There is a risk that there may not be enough time to decide on a position should the operator only provide 48 hours notice as required under the Act. The Council may consider it is appropriate not to provide comment to MNZ who will make the decision. In that case the view of the community where the activity would occur would not be represented.
6.2 Should the Council agree to provide a position on the ship to ship transfer of fuels in our territorial waters, the benefits and risks of each position are summarised the table below:
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Position |
Benefits |
Risks |
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(a) Conditionally support |
Potentially increased revenue for Port Nelson Ltd and local businesses servicing and supporting the operation through charges, re-supplying the ships, accommodation of specialist staff and equipment brought to the region for this operation and repair and maintenance work on vessels occurring while they were here. Local conditions and controls are imposed to minimise the risk to the environment and navigation safety |
May not reflect the community view, controls may be too restrictive for the operators and they may choose to undertake the activity elsewhere. Environmental pollution has low risk of occurring but potentially high significance for certain fuels or coastal locations. MNZ do not agree to impose the controls and the operator does not agree to the controls. Biosecurity issues would need to be addressed for visiting vessels. |
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(b) Oppose |
No risk to the environment or navigation safety |
May not reflect the community view, an opportunity for economic benefit is lost. |
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(c) Engage the community |
A position can be based on the community view |
May instigate a public outcry that deters the operator, MNZ do not agree with the view (so why raise the matter), in general it would be too difficult to consult without specific details. |
7. Alignment with relevant Council policy
7.1 The current Long Term Plan identifies the Council is responsible for ensuring navigation safety and protecting the natural environment.
7.2 There are potentially some associated costs, including staff time, required for the option to conditionally support this activity. The pollution response equipment may need to be upgraded alongside additional training of personnel. However the Council could require that the operator either provides this equipment and training (or personnel) or covers its cost. As the Council has no legislative means to require this either MNZ or the operator would need to agree to any requirements proposed by the Council.
8. Assessment of Significance against the Council’s Significance and Engagement Policy
8.1 The likelihood of this operation occurring is unknown and therefore the risk of effects at this stage is low and there are few specific details because a proposal has not been presented; as such this decision is not significant under the Council’s Significance and Engagement Policy.
9. Consultation
9.1 Relevant internal staff have been consulted and their views incorporated into this report.
9.2 Should a specific proposal arise the Council may wish to consult with stakeholders or the public (if there is time to do so).
9.3 Alternatively Council could undertake consultation with the community now. One issue with this however, is that in the absence of any specific proposal it may cause unnecessary confusion and concern for the public.
10. Inclusion of Māori in the decision making process
10.1 Māori were consulted on 10 July by email. Te Atiawa responded that Tiakina te Taiao Ltd would respond on their behalf.
Tiakina te Taiao requested a Cultural Impact Assessment for the activity, a discussion on charges for the activity and an iwi monitor be on board should the activity be approved.
Ngāti Kuia response:
“Even though there are industry guideline and best practice, there are a few other issues that could be raised ie laden tankers, biodiversity issues. This practice will have major environmental effects on our ability to manage thriving and abundant customary and commercial fisheries if a significant event was to happen in proximity to a taonga breeding area. It could also adversely affect economic return from our tourism industry if an event was to happen around the Abel Tasman Park area.”
10.2 At the Iwi Working Group on 10 August the harbourmaster attended to respond to any questions iwi might have on the topic. Responses to questions included:
• Charges in the region of $110,000 to $120,000 could be applied for regional development, a risk charge, monitoring charge, tariff, oil spill booms, tug on standby etc.
• That the transfer can be insured.
• That there are two types of fuels that could be transferred: Light fuels (Kerosene and diesel) and heavy fuels (crude oil). The environmental impacts of spills from these different types of fuels are not the same.
• That there could be an exclusion zone around the vessels, if it is considered necessary.
• That there would be a patrol vessel on standby for any transfer.
• That there would be spill contingency plans for the worst case scenario, and that if there was an approach by a company to carry out Ship to Ship Transfer of Fuels in the area, there would need to be work done by the company to assess the environmental and cultural impacts.
• That ship captains know how to handle their vessels appropriately and know limits in terms of weather and conditions that would require them to stop work/move apart.
• It was noted that there may be discharge to air as a result of moving fuel from one ship to another and that this may require resource consent.
• It was noted that there were no ballast water issues as this would be done outside the NCC area.
• That track record could be one of the criteria to consider applicants.
• Both vessels could be surrounded by booms if this is considered a necessary requirement.
• Workers at the Port already participate in training to deal with spills and emergencies and would be available to manage spills already. He also noted that there was an expert at MDC that has expertise around managing an ongoing spill.
• The ships would be anchored. There is no sufficient space at the port to have the vessels tied up to the wharf.
Iwi noted the following:
• There may be increased risk from terrorist activity.
• That by supporting the management of fossil fuels the use of the fuels leads to further degradation of the environment.
• Low risk but high consequences should things go wrong – there is no risk currently.
• Te Atiawa did not support the proposal.
· There was interest in the views of other stakeholders such as DoC, TDC, fishing and tourism industries. The harbourmaster noted that Cawthron had no concern with the transfer of light fuels.
• Should the activity occur closer to the shore and an accident happens there would be more impact on the coastal environment although resources would be employed faster to control the spill.
• More specific information would be needed before there could be agreement.
10.3 Overall there was a lack of support from Iwi for the proposal.
10.4 Should a specific proposal arise, the operator will be advised to consult with local iwi and the Council should include Maori in determining the position of the territorial authority.
11. Conclusion
11.1 Only the Director of Maritime New Zealand can prohibit the ship to ship transfer of fuels activity or require conditions should they allow the activity. Maritime NZ are interested in the views of the local authority but as only 48 hours notice is required to be given from an operator this is likely to be insufficient time for the Council to provide a view on a specific proposal.
11.2 In the absence of information on a specific proposal it is difficult to consult fully with other stakeholders or the public. Iwi have indicated they are not supportive of the activity.
11.3 The harbourmaster has suggested the activity can be conducted safely in our territorial waters under strict conditions and criteria. As long as these conditions relate to navigation safety the harbourmaster will have the power to impose these conditions should Maritime NZ not have already done so. Conditions not relating to navigation safety will require the agreement of Maritime NZ to impose or the agreement of the operator.
Mandy Bishop
Manager Consents and Compliance
Attachments
Attachment 1: A1410835 Ship to Ship Transfer of Fuels risk assessment from the Harbourmaster
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Council 15 October 2015 |
REPORT R4965
Addendum to Ship to Ship Transfer of Fuels report
This report responds to issues raised following the presentation of the report on Ship to Ship Transfer of Fuels to the Planning and Regulatory Committee on 17 September 2015. There is no specific proposal for this activity to occur in Nelson’s territorial waters. The report seeks a view of Council that can be communicated to Maritime New Zealand in advance of any proposal (either within or outside but near to our territorial waters). Maritime New Zealand has the authority to permit or refuse this activity and would only be seeking the view of the Council not permission.
1. Port Nelson Limited
The Chief Executive of Port Nelson Limited has advised they are not opposed to the ship to ship transfer of fuel activity. The activity is common around the world. The Port would provide tugs and other supplies but have no other commercial interest in the activity.
2. Potential conditions
Maritime New Zealand has the ability to impose conditions for this operation. The Council could recommend the following conditions be imposed:
· An environmental assessment of the activity on the surrounding area be obtained with any recommended preventative measures put in place prior to the operation commencing;
· A cultural impact assessment of the activity be obtained with any recommended preventative measures put in place prior to the operation commencing;
· Additional pollution response equipment and trained personnel provided by the operator of the activity or Maritime New Zealand; and
· Additional fire fighting equipment and trained personnel provided by the operator of the activity or Maritime New Zealand.
If the activity were to occur in Nelson’s territorial waters the Harbourmaster could also impose conditions that relate to navigation safety:
· Maximum permissible wind and swell limits;
· Approval of ships, onboard procedures and crew experience;
· Timing of activity given known ship movements;
· Use of local pilotage;
· Specific communication procedures; and
· Minimum under keel clearance.
The operators can also voluntarily agree to conditions such as contributions towards marine facility improvements for both recreational and commercial activities or a contribution towards research into aquaculture and other coastal related resources. Although it is unclear what the mechanism would be to trigger a requirement for this.
Maritime New Zealand can only place conditions for contributions relating to their response capacity and are not able to require any regional contribution.
3. Tasman District Council
Council staff were present at initial talks. The matter has not been escalated to the Council so they have not signalled a position in support or not should the activity occur in their territorial waters.
Tasman District Council has a Navigation Safety Bylaw 2015 that includes a $200 hourly rate for the provision of a vessel and harbourmaster to monitor or assist with the navigation safety of an activity. The fees and charges section of the Bylaw also refers to maritime facilities fees and charges that include a charge for trans-shipping of cargo at sea at the rate of $2.50 per tonne.
The Nelson City Council could review its fees and charges under the Bylaw and add similar charges (by Council resolution) whether or not the Council provides a view in support or opposition to this activity.
4. Regional capacity
Nelson’s on-scene commander for oil spills has noted the current response capability is not adequate for this type of activity. Additional resourcing and training would be required. Charges could be recommended to Maritime New Zealand to be imposed per operation to enhance and maintain the regional response capacity for spills and fire fighting.
5. Existing practice of the transfer of fuel between ships
Bulk transfer of fuels between ships is currently occurring in New Zealand in Auckland with the vessels tied up at a deep water berth and in the Bay of Plenty at sea.
6. Interested parties
Iwi have indicated that overall they do not support the activity. The Department of Conservation has been contacted and their view will be made known to the Council once it is received.
Consultation has not occurred with commercial fishing, recreational fishing or tourism industry.
Mandy Bishop
Manager Consents and Compliance
Attachments
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Council 15 October 2015 |
REPORT R4971
Mayor's Report
1. Purpose of Report
1.1 To update Council on various matters.
2. Recommendation
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THAT the Mayor's Report (R4971) and its attachment (A1416802) be received; AND THAT the Stoke Redevelopment Working Party terms of reference (A1416802) be received. |
3. Discussion
Stoke Redevelopment Working Party
3.1 The Stoke Redevelopment Working Party keeps Councillors up to date with the continued development of Stoke area. There has been very positive feedback from the community about the work that this group is doing in Stoke.
3.2 By way of more detailed information, the terms of reference that govern the group are attached.
China Southern Airlines
3.3 In August China Southern Airlines announced it would be starting a new year-round service between Christchurch and China from December 2015. China Southern Airlines is the largest airline in Asia and in 2014 was the world’s third largest airline in terms of the number of passengers carried.
3.4 Nelson Tasman Tourism, through a partnership with Christchurch International Airport and other South Island tourism organisations, has actively worked to promote the South Island as a destination to Chinese visitors.
3.5 The new service is expected to have significant benefits for the region in terms of additional tourist numbers and associated revenue, estimated at 70,000 seats and $1 million per annum GDP for the South Island.
3.6 Her Worship the Mayor attended an official welcome and signing ceremony between Christchurch International Airport and China Southern Airlines on 17 September 2015.
Rachel Reese
Mayor of Nelson
Attachments
Attachment 1: A1416802 - Stoke Redevelopment Working Party Terms of Reference
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Council 15 October 2015 |
REPORT R4142
Adoption of the Brook Recreation Reserve Management Plan
1. Purpose of Report
1.1 To receive recommendations from the Brook Recreation Reserve Management Plan Hearing Panel.
1.2 To adopt, in principle, the Brook Recreation Reserve Management Plan.
1.3 To decide to formally stop sections of road reserve within the Brook Recreation Reserve.
1.4 To decide on formally Gazetting the area covered by the Brook Recreation Reserve Management Plan as a Local Purpose Reserve (Recreation).
2. Delegations
2.1 The Community Services Committee has referred this matter to Council due to the level of public interest; therefore this is a decision for Council.
3. Recommendation
4. Background
4.1 On 11 June Council released a draft Brook Recreation Reserve Management Plan for public consultation. A Hearing Panel comprising of an independent chair (Peter Raeburn) and Councillors Matheson and Noonan was appointed to hear and deliberate on submissions and to make recommendations to Council.
4.2 A total of 45 submissions were made, with 8 submitters wishing to be heard. The hearing took place on 2 September and the panel met to deliberate on submissions on 22 September 2015.
4.3 Following deliberations a revised plan containing the recommended changes from the panel has been prepared (attachment 1).
5. Discussion
Summary of key changes/recommendations
5.1 The key issues that submitters raised were in relation to:
· The vision;
· Road stopping;
· Gazettal of the reserve;
· Administration of the reserve; and
· Residential Camping
The Vision
5.2 Council put out a draft RMP with two visions and had indicated a preference for vision 1:
The Brook Recreation Reserve is a significant destination for domestic and international visitors to Nelson and Tasman and operates as a tourism hub, while also serving the local community as an environmental education, outdoor recreation and conservation landmark.
5.3 The Panel heard submissions both for and against this vision and felt that whilst tourism was important, any such development needed to complement the other uses of the reserve. The Panel recommends that the final vision be as follows:
The Brook Recreation Reserve serves the community as a centre for environmental education and conservation and as a destination for camping and outdoor recreation, including appropriately-scaled and complementary commercial recreation and tourism development.
Road Stopping
5.4 Due to widespread support from submitters, the Panel recommend that the road is stopped and the land is given Reserve status.
Gazettal of Reserve
5.5 The draft Reserve Management Plan suggested Gazettal of the entire reserve as a Recreation Reserve. Gazettal was supported by the majority of submitters. However the Department of Conservation suggested that a more appropriate classification would be as a Local Purpose Reserve (Recreation). This view was supported by the Panel. It recommends:
· Stopping the road reserve
· Removing the reserve classification of the plot of land currently Gazetted as Recreation Reserve
· Classifying the whole area covered by the RMP as Local Purpose Reserve (Recreation).
· Classifying the road reserve which extends into the Sanctuary lease area as Local Purpose Reserve (Wildlife Sanctuary). (This is not covered by the RMP but is a consequence of the recommendation to stop the road and will avoid an isolated road section.)
The reason for this recommendation is that it offers appropriate flexibility in delivering the vision and outcomes identified in the RMP in compliance with the Reserves Act.
5.6 As originally indicated, the Management Plan can be fully and finally adopted when Gazettal is confirmed (as per the requirements of the Reserves Act). The RMP can then take effect for the whole reserve, without having to re-consult on the whole management plan, subject to a subsequent Council resolution.
5.7 The process for making these changes is set out in s14 and s24 of the Reserves Act. In both cases Council would publicly notify proposed changes in the Gazettal status, call for objections and then post a notice in the Gazette.
Reserve Administration
5.8 The Panel considered options presented in the draft Plan and recommends that Council remain as the administering body. There were a range of views from submitters and the Panel felt that this option would give most flexibility to Council, which could consider issuing one or more leases for different activities on the reserve.
Residential Camping
5.9 The Panel recommend that residential camping is provided for in the reserve within an area to be designated as a relocatable home park. The Panel considered a sinking lid policy for the number of residents but decided instead to recommend that residential occupation should be limited to one site per occupation agreement up to a maximum of 25 sites. The Panel recommends that this be reviewed on a three yearly basis and that the occupation agreements contain suitable wording that should not convey long term expectations.
Other changes
5.10 Other changes that are recommended include:
· Making consequential changes based on the above recommendations
· Removing descriptions of options that were for consultation purposes
· Removing the area limitation on commercial development and allowing instead for:
‘Commercial tourism and recreation developments of a scale and type which complement the natural , social and existing commercial values of the reserve’.
· Support for provision to protect the native trees planted as part of the Kidson Memorial
6. Next steps
Road Stopping and Gazettal of Reserve
6.1 If Council agrees with the Panel’s recommendations officers need to commence with the road stopping and reclassification of the reserves. These processes are set out in the Local Government Act 1974 and the Reserves Act 1977 respectively.
Comprehensive Development Plan
6.2 The RMP identifies that a Comprehensive Development Plan needs to be developed. This is a spatial plan to set out how the different activities fit together within the area of the reserve. It is recommended that Council provide funding for this as a priority. The Comprehensive Development Plan should inform Council’s Annual Plan for 2016/17.
6.3 As part of the Comprehensive Development Plan process, a transition plan is required that sets out the requirements for the relocatable home park.
6.4 Once these requirements are understood, the site needs to be prepared and the residents informed of a date by which any relocations needs to take place.
6.5 The Panel discussed that Council might want to provide lifting and shifting equipment on a particular day to aid with the transition.
Campground management
6.6 Council needs to consider how best to manage the existing campground whilst the comprehensive development plan is being drafted. If the Panel recommendations are adopted by Council then staff will bring a subsequent report back to the Community Services Committee with management options.
6.7 Subsequently, Council will need to consider long-term management of the entire camping ground, including the relocatable home park, potentially via a lease arrangement. Relevant parties should be invited to offer expressions of interest in the near future.
7. Options
7.1 Council has delegated authority to the Hearing Panel to hear, deliberate and make recommendations to Council on changes to the draft Brook Recreation Reserve Management Plan following submissions.
7.2 Council can accept or reject the recommendations.
8. Alignment with relevant Council policy
8.1 The draft Reserve Management Plan has been developed following Council direction, and is not inconsistent with Council policy. Once the final Plan is adopted there will need to be provision made for its implementation. The level of provision will depend on the decisions following the public consultation period.
8.2 As noted in the draft Plan, the draft supports several of the Nelson 2060 goals, including:
· We are all able to be involved in decisions
· Our natural environment - air, land, rivers and sea - is protected and healthy
· We are able to rapidly adapt to change
· Our economy thrives and contributes to a vibrant and sustainable Nelson
· Nelson is a centre of learning and practice in Kaitiakitanga and sustainable development
· Everyone in our community has their essential needs met.
9. Assessment of Significance against the Council’s Significance and Engagement Policy
9.1 This is not a significant decision for Council under the Council’s Significance and Engagement Policy. However, previous decisions relating to the Brook Camp have generated widespread public interest. It is believed that the level of engagement that has been carried out in the development of this Plan has been appropriate.
10. Consultation
10.1 Significant consultation has been carried out. In addition to the prescribed process under the Reserves Act, officers and contractors have engaged with various stakeholders, including camp residents, in order to explain the process and to seek feedback on the various issues and options.
10.2 Further consultation will be required if Council adopts the recommendations from the Panel.
11. Inclusion of Māori in the decision making process
11.1 Iwi have been included at each stage of consultation.
12. Conclusion
12.1 Council has the opportunity to consider the draft Brook Recreation Reserve Management Plan as amended by the Panel following hearings and deliberations on submissions.
Chris Ward
Group Manager Community Services
Attachments
Attachment 1: A1436078 - Draft Brook Recreation Reserve Management Plan for adoption in principle (Circulated separately)
Attachment 2: A1438749 - Map - Proposed local purpose reserve - road to be stopped
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Council 15 October 2015 |
REPORT R4694
Active Travel and Pathway Based Recreation Policy
1. Purpose of Report
1.1 To adopt the Active Travel and Pathway Based Recreation Policy (the Policy) that covers the physically active modes of transport and path based recreation pursuits for Nelson City, as a strategic framework.
2. Delegations
2.1 The provision of cycleways and walkways is delegated to the Works and Infrastructure Committee, and policy relating to the provision of recreation and leisure facilities and services is delegated to the Community Services Committee.
2.2 Council resolved in May 2015 that a draft policy be developed and reported directly back to Council.
3. Recommendation
4. Background
4.1 On 20 May 2015 during the Long Term Plan 2015-25 deliberations it was resolved:
THAT a Councillor workshop be held to discuss the cycling activity, both as a means of transport and for recreational activity, and its impacts on other users of shared paths and off road walking tracks;
AND THAT following the workshop, officers engage with key stakeholders from organisations such as Bicycle Nelson Bays, Greypower, Positive Ageing Forum, NZ Transport Agency, Tasman District Council, Nelson Marlborough District Health Board and others, such as Friends of the Maitai, for site specific issues, to investigate solutions to conflict between cyclists and pedestrians on Council’s shared tracks and paths;
AND THAT the principles agreed in any workshop and subsequent community engagement be developed into policy to be reported back to Council by September 2015;
AND THAT a programme of work from that engagement be reported back to Council by November 2015;
AND THAT after feedback from the workshop, off road cycling stakeholders be encouraged to identify a lead agency to gather information for an off road track strategy, which establishes priorities within allocated budgets for agreed areas, with a budget contribution of up to $10,000 for contracted outcomes.
4.2 As a result of this, works on the following capital projects with budget for investigation, design or construction this or last financial year were halted:
Maitai shared path – Collingwood to Nile Street
Nile Street shared path
School journey/frontage improvements
Frontage / Anzac Park shared path (St Vincent Link to CBD)
Saltwater Creek Bridge (Urban Cycleway Fund Project)
Maitai to Rocks Road (Urban Cycleway Fund Project)
Tahunanui Cycle Network (Urban Cycleway Fund Project)
Marsden Valley Grade 2 Mountain Bike track (Parks and Facilities project)
4.3 A councillor workshop was held on 7 July 2015. A draft set of principles were developed at that workshop that were then used to engage with our partners. A summary of that workshop is included as attachment two.
4.4 Two partner workshops were held on 21 and 22 July 2015. The draft set of principles as developed in the Council workshop was proposed to the participants who then assisted in refining them.
5. Discussion
5.1 The Policy is included as attachment one and includes sections on the scope of the Policy, how it was developed and the key issues raised through the workshops.
5.2 Projects associated with active travel and path based recreation as proposed in the Long Term Plan have been placed on hold whilst this Policy has been developed. Once this Policy has been adopted each project will be assessed for alignment with this Policy. That assessment with any recommended amendments to the project scopes will be brought to the Works and Infrastructure 26 November 2015 meeting. Notwithstanding this it will be unlikely that there will be sufficient time left in the financial year for all year 1 deliverables to be achieved.
5.3 The Policy as attached forms the strategic framework and will be reinforced with addendums that contain network maps, the proposed forward works programme, and etiquette and way finding signage standards over time.
6. Options
6.1 Adopt the Active Travel and Path-based Recreation Policy to enable key capital projects to be able to be progressed, acknowledging that additional referencing information will need to be developed to support consistent application of the policy objectives.
6.2 Continue to operate under the current status quo arrangement of the 2006 Cycling Strategy ‘Pedalling Along’, and 2005 Pedestrian Strategy ‘Stepping Out’ which has been used to guide pedestrian and cycle planning and delivery over the last 10 years.
7. Alignment with relevant Council policy
7.1 The attached Policy has a section on alignment with Council policy on pages 8 and 9.
8. Assessment of Significance against the Council’s Significance and Engagement Policy
8.1 The decision is not significant under the Council’s Significance and Engagement Policy.
9. Consultation
9.1 Two partner workshops were held on 21 and 22 July 2015. The list of participants is located in attachment three.
10. Inclusion of Māori in the decision making process
10.1 No consultation with Māori has been undertaken.
11. Conclusion
11.1 An Active Travel and Pathway-based Recreation Policy has been developed in collaboration with key partner organisations that covers the physically active modes of transport and path-based recreation pursuits.
11.2 This policy acts as the strategic framework and will allow the programme of works to be developed. On approval of this Policy, officers will undertake an assessment of all proposed capital works (approved in Long Term Plan) against the criteria in the Policy to determine scope.
11.3 Officers anticipate that specific projects will still have to come back to the Works and Infrastructure Committee for ratification before they can proceed.
11.4 Not adopting the policy will further delay delivery of projects.
Rhys Palmer
Senior Asset Engineer - Transport and Roading
Attachments
Attachment 1: A1427375 Active Travel and Trail based Recreation Policy
Attachment 2: A1439527 Council Workshop Summary 7 July 2015
Attachment 3: A1439552 Partner Workshop Attendence List 20-21 July 2015
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Council 15 October 2015 |
REPORT R4764
Adoption of Annual Report 2014/15
1. Purpose of Report
1.1 To adopt the Annual Report 2014/15 in accordance with section 98 of the Local Government Act 2002.
2. Delegations
2.1 The adoption of the Annual Report is a decision of Council.
3. Recommendation
4. Background
4.1 The purpose of an Annual Report is to compare the actual activities and performance of the local authority with those intended, as set out in the applicable Long Term Plan or Annual Plan (the Annual Report 2014/15 compares performance against the Annual Plan 2014/15). It also aims to promote the local authority’s accountability to the community for the decisions made throughout the year. An Annual Report is required under section 98 of the Local Government Act 2002.
4.2 The audited Annual Report needs to be adopted by
Council within four months of the end of the financial year (30 June 2015).
This year, the last possible day for the adoption of Annual Report 2014/15 is
Friday
30 October 2015. The only Council meeting prior to this date is
15 October 2015. The attached Annual Report covers Council’s financial
and service performance for the period from 1 July 2014 to
30 June 2015.
4.3 Council is required to make publicly available a summary of the information contained in the Annual Report within one month of its adoption. This year, as in previous years, it is proposed to include an article in Council’s fortnightly Live Nelson publication, which is delivered to every Nelson household. A more comprehensive audited summary will also be available through Council’s usual distribution methods. In addition, it is proposed this year that a 2016 calendar showing key dates (Council meetings, recycling collection) be produced for delivery to every household and that this include a summary of the Annual Report so that residents are informed about Council’s performance.
5. Discussion
Audit Report
5.1 Audit New Zealand is expected to issue an unmodified audit report. The final audit report will be issued once the document is adopted, for inclusion in the published Annual Report.
Surplus
5.2 The Annual Report shows that Council recorded a net surplus before revaluations for the year ended 30 June 2015 of $8.9 million, which was $2.4 million less than budget. The surplus was $15.4 million for the 2013/14 financial year. The variations from budget are listed in Note 35 in the Annual Report.
5.3 It should be noted that the word ‘surplus’ is an accounting term, and is different from the rating surplus which is referred to below. The accounting surplus includes capital items such as road subsidies and grants relating to capital projects, revaluations and vested assets which are required to be treated as income for accounting purposes.
Public Debt
5.4 The Council’s borrowings as at 30 June 2015
were $72.4 million ($71.8 million in 2013/14) including $8.0 million ($8.1
million in 2013/14) as Council’s share of the loans raised for the
Regional Sewerage Business Unit, summarised in Note 23. This compares with a
budget of
$112.0 million (net of deposits).
· Rating Surplus
5.5 The rating surplus as at 30 June 2015 was $6.3 million and is explained in the Annual Report. The 2013/14 rating surplus was $3.4 million greater than anticipated and the remaining $2.9 million was related to 2014/15 savings in operating expenditure, particularly financing costs, staff costs and maintenance costs.
· Material differences from draft annual report
5.6 A difference in accounting treatment relating to residual value of the original Maitai Pipeline has resulted in a reduction in its valuation of $5 million. This is reflected in gains/losses on property revaluation in the statement of comprehensive revenue and expense and in property, plant and equipment and other reserves in the balance sheet.
5.7 Analysis of expenditure attributed to the Trafalgar Centre project has resulted in the expensing of $644,000 related to expenditure that had been incurred at the beginning of the project before the earthquake issues were discovered and subsequent investigations to scope the new project.
6. Options
6.1 Option 1 – accept the recommendation – statutory timeframes mean the Annual Report must be signed off within 4 months of the financial year end. Audit NZ has reviewed the draft and indicated it will give an unmodified report.
6.2 Option 2 – not accept the recommendation – will not meet the statutory timeframes.
7. Alignment with relevant Council policy
7.1 The Annual Report is a key Council document reporting back to the community on the performance of the Council against the Annual Plan and Long Term Plan.
8. Assessment of Significance against the Council’s Significance and Engagement Policy
8.1 This is not a significant decision in terms of Council’s Significance and Engagement Policy.
9. Consultation
9.1 This decision does not require consultation.
10. Inclusion of Māori in the decision making process
10.1 Maori have not been consulted in this decision.
11. Conclusion
11.1 An Annual Report is required to be completed under the Local Government Act 2002.
11.2 Council is required to adopt its Annual Report within four months of the end of the applicable financial year (30 June 2015), and make available a summary of the information contained in the Annual Report within one month of its adoption.
Tracey Hughes
Senior Accountant
Attachments
Attachment 1: Annual Report (A1396738) (Circulated separately)
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Council 15 October 2015 |
REPORT R4916
Events Strategy Review: Terms of Reference
1. Purpose of Report
1.1 To approve the Terms of Reference for a contract to review the Events Strategy.
2. Delegations
2.1 As this is a cross portfolio item (Governance and Community Services) it has been brought directly to Council for consideration.
3. Recommendation
4. Background
4.1 The existing Events Strategy was developed after the Wearable Arts Awards (WOW) event moved to Wellington. A Steering Group evolved from a public meeting to discuss the loss of WOW, and it was the Steering Group that prepared the original regional Strategy. Council did not adopt the Strategy but did allocate $55,000 for its implementation and associated work. This initial funding has evolved over the years into the current Events Fund with an allocation of $334,666 in 2015/16.
4.2 The focus on the loss of WOW shaped the Strategy and the Events Fund and its criteria. This perspective is outdated and a fresh look is needed at what how Council supports events.
5. Discussion
5.1 Given the importance of events to the local economy and to the community it is proposed to contract specialist external expertise to draft a new Strategy rather than complete this work in-house. The attached Terms of Reference outlines the scope of work to be undertaken. The aim is to clearly establish the outcomes Council expects from the Strategy and how to best invest limited funding to achieve those outcomes.
5.2 The timing of the Strategy development allows for early findings to feed into the Annual Plan process should this be necessary.
6. Options
6.1 Council could decide that it does not need an Events Strategy and that this is not an appropriate area for Council support or that the current Events Fund and criteria are functioning sufficiently well. In this case the attached Terms of Reference would not be needed.
6.2 Council may approve the attached Terms of Reference with or without amendments. This is the preferred option as there is a need to look again at the goals and outcomes of the current Council investment in events to ensure the return on ratepayer funding is maximised.
7. Alignment with relevant Council policy
7.1 The review of the Events Strategy supports both economic and community wellbeing strands of the Community Outcomes in the Long Term Plan 2015-25, in particular that “our communities have opportunities to celebrate and explore their heritage, identity and creativity” and that “our region is supported by an innovative and sustainable economy”. This work also builds on Nelson 2060’s aspiration in Theme Two, that we have “outstanding lifestyles, immersed in nature and strong communities”.
7.2 The cost of contracting external expertise to undertake the review will be met from policy development budgets within the Long Term Plan 2015-25.
8. Assessment of Significance against the Council’s Significance and Engagement Policy
8.1 This decision is not significant in terms of Council’s Significance and Engagement Policy.
9. Consultation
9.1 During pre-consultation on the Long Term Plan 2015-25 the need for a fresh look at events was raised in the youth, older adults and sports groups and also featured in submissions.
10. Inclusion of Māori in the decision making process
10.1 No consultation has been undertaken with Maori.
11. Conclusion
11.1 The Events Strategy is in need of a review and the attached Terms of Reference provide an outline as to the scope of work required. It is recommended that Council agree to this work being progressed by approving the Terms of Reference with amendments as necessary.
Nicky McDonald
Senior Strategic Adviser
Attachments
Attachment 1: A1413546 - Events Strategy Terms of Reference
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Council 15 October 2015 |
REPORT R4951
Trafalgar Centre Northern Building - Concept Plans
1. Purpose of Report
1.1 To approve the concept plans for the northern building of the Trafalgar Centre for approval.
2. Delegations
2.1 Council resolved in June 2014 for updates to be reported to full Council.
3. Recommendation
4. Background
4.1 At its meeting on 23 July 2015 Council considered the Trafalgar Centre and in relation to the Northern Building resolved:
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.
4.2 At its 3 September 2015 meeting, Council considered an additional report on progress with respect to the Trafalgar Centre Reopening Project and passed the following resolution;
THAT the report Trafalgar Centre Northern Building - Concept Plans (R4951) be received;
AND THAT Gibbons Construction Ltd be contracted to undertake the physical works associated with the reopening of the Trafalgar Centre and the development of Rutherford Park;
AND THAT the scope of work contained within the Trafalgar Centre Reopening Project and the Rutherford Park Development be grouped into five packages:
1. Compliance works and ground improvement;
2. Southern extension;
3. Main building, infrastructure/external works and maintenance items;
4. Northern building;
5. Rutherford Park;
AND THAT each package be subject to detailed design, scheduling and pricing with due diligence to determine a total out-turn cost for that package;
AND THAT the total budget for the refurbishment of the Trafalgar Centre (noting this does not include capital expenditure for Rutherford Park) be approved at $12.289M in the 2015/16 year;
AND THAT the Chief Executive Officer, Her Worship the Mayor, Chair of Community Services and Chair of Works and Infrastructure (or their Deputies) be given delegated authority to approve the total out-turn cost for each package provided it is equal to or below the relevant July 2015 estimate for that package.
4.3 Councillors held a workshop on Tuesday 18 August to begin scoping options on the design and layout of the proposed rebuild of the northern building.
4.4 Councillors held a further workshop on Tuesday 1 September to consider the preferred options outlined in the previous workshop. Additional questions around functionality of the proposed concept plan were asked and noted. This workshop also raised the inter-relationship and linkages between the northern building and the proposed Rutherford Park development. The importance of the linkages were noted and specifically the need to minimise the conflict between vehicle and pedestrian movements.
4.5 Councillors then held a workshop on Tuesday 29 September to consider answers to the questions raised previously.
4.6 The programme for the northern building was outlined in the 23 July 2015 report. That was that the concept design be developed and finalised by the end of September 2015 with the final concept plan then to be reported back to the 15 October Council meeting for approval. This report meets that intention.
5. Discussion
Functionality outcomes
5.1 Council undertook user group and stakeholder consultation in 2009/10 in scoping and designing the new northern building that was proposed at that time.
5.2 The outcomes from previous consultation on the Northern Building have been reviewed. This has informed the direction of design, and the key outcome has been to create an open, welcoming and multi-purpose facility that can enhance the use of the existing main hall and the surrounding Rutherford Park.
5.3 Significant comment from the process at that time has informed the proposed key issues and the design responses are set out below:
· Urban Design Panel recommendation to relocate entry to the east and ‘tidy up’ the eastern façade
The new design revises circulation patterns, with main entry doors facing toward the east, and improves the appearance of the building from the Maitai Walkway.
· Covered level access at the main entry doors.
A generous two metre wide overhang is used to shelter the perimeter of the building, with entry doors fitted to a recess in the eastern wall, ensuring 3600mm of cover. The details of completed levels that ensure ready access for all building users are being addressed to coordinate with Rutherford Park development as the project progresses through Developed Design.
· Include for Cloak room space and make allowance for ticketing, Bar and Merchandising functions
A multipurpose joinery unit and dedicated area, located between building entry, stadium entry, and rear access to the service areas of the Main Hall allows for these functions. The North-eastern corner of the Main Hall is largely unused. The design intention is to locate secondary functions there; storage, cleaners cupboard, offices and external ticketing if required. This allows the new building to remain a simple, open and multi-purpose space.
· Direct connection from any kitchen to the Main Hall and Victory Room
A new kitchen has been included within the new Northern Building. This kitchen is intended to service common building usage, with larger scale catering operations being accommodated in temporary external facilities, located at the rear of the building in the western service area. A rear service corridor, allows easy connection to the rear service area, and ensures direct access to both the main hall, and function areas of the new Northern Building.
· Options for the Victory Room
There has been considerable debate over the need or otherwise of the Victory Room as a separate room in the Northern Building. The proposed concept plan proposes to create a large foyer and/or meeting space that is open and clear of obstruction. The opportunity to utilise the Northern Building as a separate meeting room has been retained by installing a separate outdoor access to the Main Hall off the two metre wide overhang on the eastern side of the Northern Building. Smaller meeting space could be created through the use of temporary partitions such as plants or partitions.
· Potential to connect to a corridor running the full extent of the western edge of the Main Hall
The rear service corridor is designed to allow the new kitchen to connect to an extended western corridor, revised to run the length of the Main Hall. This will require some adaptation of escape stairs and toilets; the detail will be explored further as the project progresses through developed design.
· Improving lighting, power, public address and data provision
In progressing design, inclusion of low energy lighting, power to support foreseeable internal and external uses, a simple PA system, and extensive provision of telecommunications and ‘WIFI’ will be included. This consideration will enable the new Northern Building to operate as a standalone facility, as well as an entry hub for larger events, either within the main hall or located on the surrounding park.
5.4 These comments have been considered in assessing concept design options for the Northern Building and surrounds.
6. Concept Design
6.1 The Concept Design is outlined in Attachment 1 Northern Building Concept Plans and in Attachment 2 Northern Building Perspective.
7. Cost Estimates
7.1 At its meeting 23 July 2015, Council was presented with the following estimates for this project;
Main Building $ 4,112,000
Southern Extension $ 1,491,000
Northern Building $ 4,155,000
Ground Improvement $ 1,789,000
Infrastructure/External Works $ 831,000
Maintenance $ 483,000
DIL and Consent Fees $ 95,000
Total $12,956,000
7.2 This amount included $667,000 already spent in 2014/15.
7.3 Council has since approved $12.289M in the 2015/16 year for this project (excluding Rutherford Park works).
7.4 The estimate as shown above for the Northern Building was $4,155,000. Whilst the estimate for the Concept Plan has not been finalised, it should be available when Council considers this report.
8. Alignment with relevant Council policy
8.1 This report is in line with Council’s position of re-opening the Trafalgar Centre, the Long-Term Plan and recent Council resolutions.
9. Assessment of Significance against the Council’s Significance and Engagement Policy
9.1 This decision is not a significant decision in terms of the Council’s Significance and Engagement Policy.
10. Consultation
10.1 Council signalled its intention to re-open the Centre as part of its 2014/15 Annual Plan. Council has also included the project in its Long-Term Plan 2015-25.
11. Inclusion of Māori in the decision making process
11.1 Consultation with Maori occurred through the Annual and Long Term Plan processes.
12. Conclusion
12.1 The development of the concept plans for the northern building has progressed well.
12.2 Councillors have held workshops on three occasions to consider and provide direction into the concepts for the Northern Building.
12.3 The new Northern Building Concept Plan has been developed and outlined in this report.
12.4 Councillors have also had input into the proposed Rutherford Park up-grading with particular focus on the roading and footpath linkages to the northern building and other parts of the Trafalgar Centre facility.
12.5 Once the concept plan is approved it will be subjected to detailed design, scheduling and pricing. Once the total out-turn cost has been derived and the associated due diligence completed, it will be submitted to those with delegated authority to sign off.
Richard Kirby
Consulting Engineer
Attachments
Attachment 1: A1439311 - Trafalgar Centre Northern Building Concept Plans
Attachment 2: A1439312 - Trafalgar Centre Northern Building Perspective
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Council 15 October 2015 |
REPORT R4898
Administrative Matters
1. Purpose of Report
1.1 To report on a number of administrative matters in order to keep Council up to date.
2. Delegations
2.1 This is a report for consideration by full Council.
3. Recommendation
4. Leave of Absence Procedure
4.1 At present, there is no formal procedure for elected members to follow when it comes to applying for a leave of absence. The current system of accepting a leave of absence through an Administrative Matters report results in requests only being considered every six weeks.
4.2 It is recommended that the procedure detailed in Attachment 1 be added to the Elected Members’ Code of Conduct as it will ensure effective planning and management of Council business, especially as we come into an election year.
4.3 Approving this procedure would formalise the process to be followed when an elected member requires leave of absence from four or more consecutive formal meetings. It will also minimise the risk of creating a vacancy if an elected member is absent without leave from four or more consecutive formal meetings (cl. 5(d) Schedule 7 of the Local Government Act 2002).
4.4 Changes to the Code would involve:
4.4.1 Section 5.3 Conduct at Meetings: expand the final bullet point regarding seeking a leave of absence to include ‘(leave of absence procedure can be found in Section 6 of this Code)’.
4.4.2 Section 6 General Protocols: include new section 6.20-6.23 ‘Procedure for Leave of Absence’ as detailed in Attachment 1.
4.5 Amendments to the Elected Members’ Code of Conduct require a resolution supported by 75% or more of the elected members present. If approved, the amended Code will be added to the Google Drive for Councillors, be updated on the Council website, and will be available upon request to an Administration Adviser.
5. Other Matters
Accessibility for All Representative
5.1.1 At the Council meeting on 24 February 2015 a report back from representatives was given.
5.1.2 Councillor Davy confirmed that he was a representative for the Accessibility for All organisation.
5.1.3 To formalise Councillor Davy’s representation for the Accessibility for All organisation it is proposed that it be included in Schedule Five – Other Organisations in the Delegations Register. Attachment 2 refers.
Appointed Champions
5.1.4 Two champions have been appointed by resolution of Council.
5.1.5 At the inaugural Council meeting of 29 October 2013, it was resolved that Councillor Rainey be appointed as the Urban Design Panel Champion.
5.1.6 At the Council meeting of 20 May 2015, it was resolved that Councillor Ward be appointed as the Sustainability Champion.
5.1.7 Champion roles are currently not recorded in the Delegations Register.
5.2 In order to maintain accurate records it is proposed a new schedule is included in the Delegations Register to record appointed champions. Attachment 3 refers.
Gayle Brown
Administration Adviser
Attachments
Attachment 1: A1400594 - Amendments to Code of Conduct - Leave of Absence Procedure for Elected Members
Attachment 2: A1431584 - Schedule Five - Other Organisations 15OCT2015
Attachment 3: A1431605 - Schedule Six - Appointed Champions 15OCT2015
Accessibility for All
· Councillor Davy
Marina Users Group
· Councillor Barker
· Councillor Rainey
Sustainability Forum
· Councillor Copeland
· Councillor Fulton
· Councillor Lawrey
· Councillor Ward
Nelson Biodiversity Forum
· Councillor Davy
· Councillor Fulton
· Councillor McGurk
Nelson Tasman Connections Steering Group
· Mayor
Positive Ageing Forum
· Councillor Noonan
Sister Cities
· Mrs Gail Collingwood (Coordinator)
· Mayor
· Councillor Davy
Tasman Bay Heritage Trust Appointments Committee
· Councillor Barker
· Councillor Ward
Waimea Water Augmentation Committee
· Councillor Matheson
Community Action Youth and Drugs (CAYAD)
· Councillor Fulton
· Councillor McGurk
Nelson Tasman Housing Forum
· Councillor Ward
Waimea Inlet Forum
· Councillor Copeland
· Councillor McGurk
· Councillor Ward
Kotahitanga Hui
· All Councillors
Note: From time to time the Kotahitanga Hui may also include the Mayor and Councillors from Tasman District Council and Marlborough District Council.
Urban Design Panel
· Councillor Rainey
Sustainability
· Councillor Ward
Note: These roles are covered under the definition of a Councillor’s position description and hold no delegated authority.
Minutes of a meeting of the Nelson Regional Sewerage Business Unit
Held in Ruma Mārama, Level 2A, Civic House, 110 Trafalgar Street, Nelson
On Friday 19 June 2015, commencing at 1.03pm
Present: Councillors M Higgins (Chairperson), and D Dowler (Tasman District Council) , Councillor R Copeland (Nelson City Council), and Mr Derek Shaw
In Attendance: M Hippolite (Iwi Representative), P Wilson (Industry Customers’ Representative), Nelson Regional Sewerage Business Unit General Manager (R Kirby), Senior Asset Engineer – Solid Waste (J Thiart), Management Accountant (A Bishop), and Administration Adviser (S McLean)
1. Apologies
There were no apologies
2. Confirmation of Order of Business
There was no change to the order of business.
3. Interests
Matt Hippolite advised he had an interest in consenting discharges referred to in the General Manager’s Report.
There were no updates to the Interests Register, and no other interests with items on the agenda were declared.
4. Public Forum
There was no public forum.
5. Confirmation of Minutes
4.1 13 March 2015
Document number M1268, agenda pages 4 - 7 refer.
It was agreed the word ‘conflict’ would be removed in terms of an interest declared. It was noted that reference to trials and peaks would be corrected in page three of the minutes.
Nelson Regional Sewerage Business Unit Manager, Richard Kirby, advised that detail on the Nelson Regional Sewerage Business Unit (NRSBU) contract with Nelson City Council for services rendered was being collated and would be presented to a future meeting.
In response to a question, it was clarified that the pump stations referred to in the last paragraph of the minutes were owned by Nelson City Council.
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Resolved NRSBU/2015/001 THAT the amended minutes of the meeting of the Nelson Regional Sewerage Business Unit, held on 13 March 2015, be confirmed as a true and correct record. Dowler/Copeland Carried |
5. Status Report - Nelson Regional Sewerage Business Unit - 19 June 2015
Document number R4405, agenda pages 8 - 9 refer.
Mr Kirby provided detail on biosolids application at Rabbit Island. He spoke about research on geobags and cost-effective options which would be presented to a future meeting.
It was suggested the Bell Island Spit Restoration project committee progress report occur annually instead of quarterly, to align with financial reporting.
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Resolved NRSBU/2015/002 THAT the Bell Island Spit Restoration project committee progress report occur annually. Shaw/Dowler Carried |
Councillor Higgins raised concerns about the absence of an official chairperson for the Nelson Regional Sewerage Business Unit.
There was discussion on whether the chairperson needed to be independent, if a deputy chair was required, and what term a chairperson should be appointed for. It was agreed this matter would be on the agenda for the next meeting
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Resolved NRSBU/2015/003 THAT the Status Report Nelson Regional Sewerage Business Unit 19 June 2015 (R4405) and its attachment (A1370036) be received. Copeland/Dowler Carried |
6. General Manager's Report
Document number R4409, agenda pages 10 - 36 refer.
Mr Kirby presented the report.
In response to comments on contributors quotas, Philip Wilson said the reduced quotas were linked to improving treatment capacity on site, reducing waste, and reducing sampling issues.
There was discussion on the charging regime for contributors and fixed costs at the treatment plant. It was noted that capacity at the plant would increase if loads continued to decline, which may impact on future capital programmes. Mr Kirby said the adjustment in load would not have a large impact and savings at this stage were still small.
There was discussion on the biosolids trial area and the identification of Koiwi areas. There was suggestion that the continued cost of the trial was too high and it should be put on hold, with data on the timber collected at harvest. It was agreed that a case was required to explain why continued monitoring was required.
Johan Thiart advised that Scion was focussed on obtaining funding from other organisations, as it felt the biosolids data had national and international importance. He suggested a key aspect was that the data was required in time for the next resource consent application.
It was agreed that if Scion could not source additional funding then NRSBU would cease contributing towards the trial.
Some concern was raised that NRSBU would not benefit from wood analysis. Alternative views were expressed about the potential benefits to be gained in environmental values.
Mr Thiart suggested the data could be extrapolated to reduce time spent waiting for results. He said the officer recommendation for $30,000 was not suggested to be allocated to any specific aspect of the trial.
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Resolved NRSBU/2015/004 THAT NRSBU contribute an amount of $20,000 for the completion of the research by SCION payable on receipt of the final environmental report; AND THAT NRSBU contribute an amount of $10,000 payable on receipt for the final harvest report. Shaw/Copeland Carried |
Mr Kirby provided detail on a recent spill because of air in a probe pipe. He confirmed a new procedure had been established to avoid this re-occurring. Mr Thiart added that a third overflow measure was being investigated.
In response to a question, Mr Kirby agreed to ask Nelmac for more information on the increased volume of biosolids.
Mr Kirby provided a correction to the report data for overflows on page 15 of the agenda. He said the past three months contained 1 overflow, and the past 12 months contained 2 overflows.
There was discussion on the customer survey results, the comments made by Alliance and the current meat industry economy. It was suggested that further information on the industry would be beneficial for NRSBU.
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Resolved NRSBU/2015/005 THAT the General Manager investigates future meat industry plans in relation to NRSBU activity, and advises the Board and shareholders of the outcome of that investigation. Higgins/Dowler Carried |
It was agreed that the General Manager’s recommendation regarding a spare storm pump was already included in the business plan and did not require a formal decision.
In response to a question, Mr Kirby clarified that P&ID stood for Process and Instrumentation Diagram.
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Resolved NRSBU/2015/006 THAT the report General Manager's Report (R4409) and its attachments (A1359066, A1346866, A1369953 and A1314700) be received. Shaw/Dowler Carried |
7. Financial Report
Document number R4410, agenda pages 37 - 39 refer.
Management Accountant, Andrew Bishop, presented the report.
Mr Bishop highlighted that operating expenditure was back within budget. He said the variable income would be closer to that projected by year end.
There was discussion on the high cost of electricity and any opportunities to reduce this. It was pointed out that previous research into biodigestion, as a means of reducing electricity use, had shown the risks were higher than the benefits. It was also highlighted that the electricity used was renewable.
In response to comments on the reactive and proactive maintenance overspend, Mr Bishop advised this was from work done earlier in the year, as well as work carried over from the previous year.
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Resolved NRSBU/2015/007 THAT the Financial Report (R4410) and its attachment (A1370497) be received. Dowler/Copeland Carried |
There being no further business the meeting ended at 2.56pm.
Confirmed as a correct record of proceedings:
Minutes of a meeting of the Joint Shareholders Committee
Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson
On Wednesday 2 September 2015, commencing at 9.30am
Present: Her Worship the Mayor R Reese (Chairperson), Deputy Mayor of Nelson P Matheson, Nelson City Councillors P Rainey, B McGurk, I Barker, and E Davy, His Worship the Mayor of Tasman R Kempthorne, Tasman District Councillors M Higgins, J Edgar, T Norriss and S Bryant
In Attendance: Chief Executive Nelson City Council (C Hadley), Chief Executive Tasman District Council (L McKenzie), Group Manager Community Services (C Ward), Group Manager Corporate Services (N Harrison), Group Manager Infrastructure (A Louverdis), Manager Communications (P Shattock), Corporate Services Manager (M Drummond), and Administration Adviser (G Brown)
Apology: Deputy Mayor of Tasman T King
1. Apology
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Resolved JSC/2015/003 THAT an apology be received and accepted from Deputy Mayor of Tasman T King. Her Worship the Mayor of Nelson/Edgar Carried |
2. Confirmation of Order of Business
There was no change to the order of business.
3. Interests
There were no updates to the Interests Register, and no interests with items on the agenda were declared.
4. Public Forum
There was no public forum.
5. Confirmation of Minutes
5.1 24 July 2015 - Extraordinary Meeting
Document number M1369, agenda pages 7 - 10 refer.
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Resolved JSC/2015/004 THAT the minutes of the extraordinary meeting of the Joint Shareholders Committee, held on 24 July 2015, be confirmed as a true and correct record. His Worship the Mayor of Tasman/Barker Carried |
5.2. Joint Shareholders Committee Minutes - 17 April 2015
Document number R4754, agenda pages 11 - 16 refer.
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Resolved JSC/2015/005 THAT the minutes of the meeting of the Joint Shareholders Committee, held on 17 April 2015, be confirmed as a true and correct record. Higgins/His Worship the Mayor of Tasman Carried |
6. Tasman Bays Heritage Trust Statement of Intent 2015/16
Document number R4237, agenda pages 17 - 45 refer.
Olivia Hall, Chairperson, and Terry Horne, Trustee, of Tasman Bays Heritage Trust, joined the meeting.
Group Manager Community Services, Chris Ward, presented the report.
It was discussed that some of the key Strategic Objectives in the Statement of Intent (SOI) had no targets identified. Ms Hall advised that the Tasman Bays Heritage Trust focussed on maintaining a simplified SOI, however she pointed out that on page 20 of the agenda SOI targets were illustrated.
It was highlighted that the SOI contained some minor grammatical errors which needed rectifying before being formally published.
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Resolved JSC/2015/006 THAT the report Tasman Bays Heritage Trust Statement of Intent 2015/16 (R4237) and its attachments (A1389167 and A1389171) be received; AND THAT the Tasman Bays Heritage Trust Statement of Intent 2015/16 (A1389167) be approved for signing. Davy/Bryant Carried |
7. Exclusion of the Public
Rob Evans and Paul Steere, of Nelson Airport Ltd, and Evzen Novak, of Studio Pacific Architecture, were to be in attendance for Item 4 of the Public Excluded agenda to answer questions and, accordingly, the following resolution was required to be passed:
Daryl Wehner and Bronwyn Monopoli, of Port Nelson Ltd, were to be in attendance for Item 5 of the Public Excluded agenda to answer questions and, accordingly, the following resolution was required to be passed:
Resolved
THAT, in accordance with section 48(5) of the Local Government Official Information and Meetings Act 1987, Daryl Wehner, and Bronwyn Monopoli remain after the public has been excluded, for Item 5 of the Public Excluded agenda Port Nelson Ltd Draft Statement of Intent 2015/16 as they have knowledge that will assist the Committee;
AND THAT, in accordance with section 48(6) of the Local Government Official Information and Meetings Act 1987, the knowledge that Daryl Wehner and Bronwyn Monopoli possess relates to the Port Nelson Draft Statement of Intent 2015/16.
Barker/Higgins Carried
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Resolved JSC/2015/008 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: His Worship the Mayor of Tasman/Her Worship the Mayor of Nelson Carried |
|
Item |
General subject of each matter to be considered |
Reason for passing this resolution in relation to each matter |
Particular interests protected (where applicable) |
|
1 |
Extraordinary Joint Shareholders Committee Meeting Minutes - Public Excluded - 24 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). · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person. |
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2 |
Joint Shareholders Committee Meeting Minutes Public Excluded 17 April 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)(a) To protect the privacy of natural persons, including that of a deceased person · Section 7(2)(h) To enable the local authority to carry out, without prejudice or disadvantage, commercial activities · 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 |
Presentation from Nelson Airport Limited This presentation relates to plans for development |
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)(h) To enable the local authority to carry out, without prejudice or disadvantage, commercial activities |
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4 |
Port Nelson Ltd Draft Statement of Corporate Intent 2015/16
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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)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) |
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5 |
Directors and Trustees Remuneration 2015/16
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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)(h) To enable the local authority to carry out, without prejudice or disadvantage, commercial activities · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) |
The meeting went into public excluded session at 9.38am and resumed in public session at 10.52am.
8. Re-admittance of the Public
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Resolved JSC/2015/009 THAT the public be re-admitted to the meeting.
His Worship the Mayor of Tasman/Her Worship the Mayor of Nelson Carried |
There being no further business the meeting ended at 10.52am.
Confirmed as a correct record of proceedings:
Chairperson
Date
Minutes of a meeting of the Nelson Tasman Civil Defence Emergency Management Group
Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson
On Wednesday 2 September 2015, commencing at 10.54am
Present: Her Worship the Mayor of Nelson R Reese (Chairperson), His Worship the Mayor of Tasman (R Kempthorne), and Deputy Mayor of Nelson P Matheson
In Attendance: Chief Executive Nelson City Council (C Hadley), Chief Executive Tasman District Council (L McKenzie), Manager Emergency Management (R Ball), Corporate Services Manager (M Drummond), and Administration Adviser (G Brown)
Apology: Deputy Mayor of Tasman T King
1. Apology
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Resolved CDEM/2015/001 THAT an apology be received and accepted from Deputy Mayor of Tasman T King. Her Worship the Mayor of Nelson/Matheson Carried |
2. Interests
No interests with items on the agenda were declared.
3. Confirmation of Minutes
3.1 17 April 2015
Document number M1416, agenda pages 4 - 5 refer.
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Resolved CDEM/2015/002 THAT the minutes of the meeting of the Nelson Tasman Civil Defence Emergency Management Group, held on 17 April 2015, be confirmed as a true and correct record. Matheson/His Worship the Mayor of Tasman Carried |
4. Report of the Emergency Management Office
Document number R4748, agenda pages 6 - 11 refer.
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Resolved CDEM/2015/003 THAT the Report of the Emergency Management Office (R4549) and its attachment (A1408727) be received. Her Worship the Mayor of Nelson/His Worship the Mayor of Tasman Carried |
Reports From Committees
5. Nelson Tasman Civil Defence Emergency Management Coordinating Executive Group - 6 November 2013
Document number M1215, agenda pages 12 - 17 refer.
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Resolved CDEM/2015/004 THAT the minutes of a meeting of the Nelson Tasman Civil Defence Emergency Management Coordinating Executive Group, held on 6 November 2013, be received. Her Worship the Mayor of Nelson/His Worship the Mayor of Tasman Carried |
6. Nelson Tasman Civil Defence Emergency Management Coordinating Executive Group - 31 July 2015
Document number M1374, agenda pages 18 - 24 refer.
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Resolved CDEM/2015/005 THAT the unconfirmed minutes of a meeting of the Nelson Tasman Civil Defence Emergency Management Coordinating Executive Group, held on 31 July 2015, be received. Her Worship the Mayor of Nelson/His Worship the Mayor of Tasman Carried |
There being no further business the meeting ended at 10.57am.
Confirmed as a correct record of proceedings:
Minutes of a meeting of the Works and Infrastructure Committee
Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson
On Thursday 10 September 2015, commencing at 9.01am
Present: Councillor E Davy (Chairperson), Her Worship the Mayor R Reese, Councillors I Barker, R Copeland, G Noonan and T Skinner
In Attendance: Councillors P Matheson, B McGurk, and M Ward, Group Manager Infrastructure (A Louverdis), Group Manager Corporate Services (N Harrison), Senior Strategic Adviser (N McDonald), Manager Communications (P Shattock), Administration Adviser (S McLean), and Nelson Youth Councillors (E Ang and K Shaw)
Apologies: Councillors L Acland and M Lawrey
1. Apologies
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Resolved WI/2015/018 THAT apologies be received and accepted from Councillors Acland and Lawrey. Davy/Noonan Carried |
2. Confirmation of Order of Business
The Chairperson advised that agenda items 8 (Transportation Asset Management Plan 2015-2025) and 10 (Solid Waste Asset Management Plan 2015-2025) would be considered at the 22 October Works and Infrastructure Committee meeting as their attachments were not the most up to date version.
Group Manager Infrastructure, Alec Louverdis, apologised to the Committee for this oversight.
The Chairperson advised of one late item for the public excluded part of the meeting, and that the following resolution needed to be passed for the items to be considered:
2.1 Zumo Lease Extension
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Resolved WI/2015/019 THAT the public excluded item regarding Zumo Lease Extension be considered at this meeting as a major item not on the agenda, pursuant to Section 46A(7)(a) of the Local Government Official Information and Meetings Act 1987, to enable a timely decision to be made. Davy/Skinner Carried |
3. Interests
There were no updates to the Interests Register, and no interests with items on the agenda were declared.
4. Public Forum
4.2 Owen Houliston - General State of the City's Infrastructure
Mr Houliston raised concerns about Nelson City’s infrastructure. He spoke about recent works to Tipahi Street driveways which had resulted in a steeper slope for vehicles. Mr Houliston said the slope had been damaging the underside of cars.
Mr Houliston raised concerns about shared pathways in areas such as St Vincent and Vanguard Streets.
In response to a question, Mr Houliston advised that Downer had amended his driveway and it was no longer damaging his vehicle.
Point of Order: Her Worship the Mayor raised a point of order in accordance with Standing Order 3.13.4(e), noting that debate could not be held on a public forum matter. The Chairperson accepted the point of order.
It was agreed that further information on work underway on Council’s footpaths would included as an addendum to the Transport Asset Management Plan to be presented to the 22 October Committee meeting.
5. Confirmation of Minutes
5.1 30 July 2015
Document number M1375, agenda pages 8 - 13 refer.
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Resolved WI/2015/020 THAT the minutes of the meeting of the Works and Infrastructure Committee, held on 30 July 2015, be confirmed as a true and correct record. Davy/Noonan Carried |
6. Status Report - Works and Infrastructure Committee - 10 September 2015
Document number R4789, agenda pages 14 - 18 refer.
In response to questions, officers provided further detail on timeframes and progress for several projects.
The Group Manager Infrastructure, Alec Louverdis, undertook to provide information on the renewal uptake of street stall licenses in the next status report.
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Resolved WI/2015/021 THAT the Status Report Works and Infrastructure Committee 10 September 2015 (R4789) and its attachment (A1150321) be received. Barker/Skinner Carried |
7. Chairperson's Report
The Chairperson advised the Works and Infrastructure Committee meeting set for 22 October would be held in Nelson North, with a location to be confirmed.
8. Water Supply, Wastewater, Stormwater/Flood Protection Asset Management Plans 2015-2025
Document number R4659, agenda pages 21 - 23 refer.
Manager Asset Management, Kevin Patterson, and Senior Asset Engineer – Utilities, Phil Ruffell, presented the report.
Mr Ruffell explained that a change was required to the table in the Executive Summary for the Stormwater/Flood Protection Asset Management Plan, but the financial tables at the back of the Plan were correct.
In response to a question, Mr Ruffell confirmed the project to reduce water supply pressure was anticipated to reduce maintenance costs.
Group Manager Infrastructure, Alec Louverdis, advised that updates to all asset management plans would be presented to Council in March/April 2016 to show any further changes following formal adoption and to further inform the Annual Plan 2016/17.
It was agreed that future asset management plan reports presented to Council for adoption would include an attachment summarising key changes.
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Resolved WI/2015/022 THAT the report Water Supply, Wastewater, Stormwater/Flood Protection Asset Management Plans 2015-2025 (R4659) and its attachments (A824126, A824068 and A824368) be received. Davy/Skinner Carried |
In response to a question, Mr Ruffell explained the key changes for each asset management plan.
Her Worship the Mayor acknowledged the work of officers in preparing the plans.
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Recommendation to Council WI/2015/023 THAT the Water Supply, Wastewater, Stormwater/Flood Protection Asset Management Plans 2015-2025 (A824126, A824068 and A824368), amended to reflect the approved Long Term Plan 2015- 2025, be adopted. Davy/Skinner Carried
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Attendance: The meeting adjourned from 10.19am to 10.35am.
9. Solid Waste: Acceptance of Contaminated Soil from Sites on the Hazardous Activities and Industries List (HAIL)
Document number R4312, agenda pages 26 - 31 refer.
Senior Asset Engineer – Solid Waste, Johan Thiart, presented the report.
In response to questions, Mr Thiart provided further information on how the Hazardous Activities and Industries List (HAIL) material would be tested. He explained the balance between testing expenses and volume of disposal. Mr Thiart advised that the majority of HAIL material received at the landfill had been appropriate for landfill cover or construction.
In response to a question, Group Manager Infrastructure, Alec Louverdis, advised that financial estimates for the proposed charging regime were not available, but would be monitored and available for the Annual Plan 2016/17.
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Resolved WI/2015/024 THAT the report Solid Waste: Acceptance of Contaminated Soil from Sites on the Hazardous Activities and Industries List (HAIL) (R4312) be received. Copeland/Davy Carried |
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Recommendation to Council WI/2015/025 THAT Council approve the development of a consent practice note that will allow the receiving of up to 25m3 soil (at the York Valley landfill) from a HAIL site (to align with the National Environmental Standards for Assessing and Managing Contaminants in Soil to Protect Human Health - NESCS), subject to bulk testing at the landfill at current landfill charges; AND THAT the following concessions for soil from HAIL residential sites be approved (subject to compliance with current York Valley landfill resource consent criteria): · 40% discount of the applicable landfill charge where the soil has been tested, meets the NESCS recreation standards and can be used as construction/cover material; · 15% discount of the applicable landfill charge where the soil has been tested, does not meet the NESCS recreation standards and cannot be used as construction/cover material; AND THAT the following volume concessions for soil from HAIL commercial sites be approved (subject to compliance with current York Valley landfill resource consent criteria), irrespective of whether the material can be used as construction/cover material: · 0-10,000m3 - 10% discount of the applicable landfill charge; · >10,000m3 – 15% discount of the applicable landfill charge. Copeland/Barker Carried |
Buildings
10. Outline Business Case for Millers Acre Public Toilets Upgrade
Document number R4604, agenda pages 32 - 42 refer.
Property and Facilities Asset Manager, Michael Homan, presented the report.
In response to questions, Mr Homan confirmed that the number of buses using Millers Acre had declined. He said there had been no recent complaints from bus users or the public about the toilets. Mr Homan advised there would be an additional public toilet established as part of the Rutherford Park development.
Councillor Noonan, seconded by Councillor Copeland, moved the recommendation in the officer’s report.
Some concern was raised that visitor numbers may be increasing and Council should progress the upgrade sooner rather than later. It was noted that freedom camping had reduced in the area, therefore cleanliness issues had reduced.
There was discussion on the location of the toilets relative to the Maitai walkway. There was general agreement that the Millers Acre toilets should be integrated into another building and not stand alone.
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Resolved WI/2015/026 THAT the report Outline Business Case for Millers Acre Public Toilets Upgrade (R4604) and its attachments (A1328484) be received; AND THAT option 1 as detailed in the outline business case (A1328484) - monitor and assess needs, defer design and construction - is approved. Noonan/Copeland Carried |
11. Exclusion of the Public
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Resolved WI/2015/027 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: Davy/Barker Carried |
|
Item |
General subject of each matter to be considered |
Reason for passing this resolution in relation to each matter |
Particular interests protected (where applicable) |
|
1 |
Works and Infrastructure Committee Meeting Minutes - Public Excluded - 30 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)(h) To enable the local authority to carry out, without prejudice or disadvantage, commercial activities. · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations). |
|
2 |
Collection and Processing of Recycling Services in Nelson
|
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)(h) To enable the local authority to carry out, without prejudice or disadvantage, commercial activities · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) |
|
3 |
Zumo Lease Extension
|
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)(h) To enable the local authority to carry out, without prejudice or disadvantage, commercial activities |
The meeting went into public excluded session at 11.02am and resumed in public session at 11.54am.
12. Re-admittance of the Public
|
Resolved WI/2015/028 THAT the public be re-admitted to the meeting. Davy/Barker Carried |
There being no further business the meeting ended at 11.54am.
Confirmed as a correct record of proceedings:
Minutes of a meeting of the Chief Executive Employment Committee
Held in Ruma Ana, Level 2B, Civic House, 110 Trafalgar Street, Nelson
On Monday 14 September 2015, commencing at 12.06pm
Present: Her Worship the Mayor R Reese (Chairperson), Councillors L Acland and P Matheson (Deputy Mayor)
In Attendance: External Adviser to the Chief Executive Employment Committee (P Bell), Chief Executive (C Hadley), and Administration Adviser (G Brown)
1. Apologies
There were no apologies.
2. Confirmation of Order of Business
There was no change to the order of business.
3. Interests
There were no updates to the Interests Register, and no interests with items on the agenda were declared.
4. Public Forum
There was no public forum.
5. Confirmation of Minutes
5.1 15 June 2015
Document number M1274, agenda pages 7 - 11 refer.
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Resolved CEE/2015/010 THAT the minutes of the meeting of the Chief Executive Employment Committee, held on 15 June 2015, be confirmed as a true and correct record. Her Worship the Mayor/Acland Carried |
5.2 15 July 2015 - Extraordinary Meeting
Document number M1349, agenda pages 12 - 14 refer.
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Resolved CEE/2015/011 THAT the minutes of the extraordinary meeting of the Chief Executive Employment Committee, held on 15 July 2015, be confirmed as a true and correct record. Matheson/Her Worship the Mayor Carried |
6. Exclusion of the Public
Paul Bell, of Intepeople, was to be in attendance for Items 4 and 5 of the public excluded agenda to answer questions and, accordingly, the following resolution was required to be passed:
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Resolved CEE/2015/012 THAT, in accordance with section 48(5) of the Local Government Official Information and Meetings Act 1987, Paul Bell remains after the public has been excluded, for Items 4 and 5 of the Public Excluded agenda (Chief Executive’s Performance Review 2014/15 and Performance Agreement with Chief Executive 2015/16 - Competencies for Discussion), as he has knowledge that will assist the Committee; AND THAT, in accordance with section 48(6) of the Local Government Official Information and Meetings Act 1987, the knowledge that Paul Bell possesses relates to the Chief Executive’s performance, remuneration and development, which is relevant to the Chief Executive Employment Committee. Her Worship the Mayor/Acland Carried |
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Resolved CEE/2015/013 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: Her Worship the Mayor/Acland Carried |
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Item |
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 |
Chief Executive Employment Committee Meeting Minutes - Public Excluded - 15 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)(a) To protect the privacy of natural persons, including that of a deceased person. · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations). · Section 7(2)(c)(i) 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 to prejudice the supply of similar information or information from the same source and it is in the public interest that such information should continue to be supplied. |
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2 |
Extraordinary Chief Executive Employment Committee Meeting Minutes- Public Excluded - 15 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)(a) To protect the privacy of natural persons, including that of a deceased person. |
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3 |
Chief Executive's Performance Review 2014/15
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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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4 |
Performance Agreement with Chief Executive 2015/16 - Competencies for Discussion
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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 |
The meeting went into public excluded session at 12.09pm and resumed in public session at 2.07pm.
7. Re-admittance of the Public
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Resolved CEE/2015/014 THAT the public be re-admitted to the meeting. Acland/Her Worship the Mayor Carried |
There being no further business the meeting ended at 2.07pm.
Confirmed as a correct record of proceedings:
Minutes of a meeting of the Planning and Regulatory Committee
Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson
On Thursday 17 September 2015, commencing at 9.01am
Present: Councillors B McGurk (Chairperson), I Barker, R Copeland, E Davy, K Fulton (Deputy Chairperson), M Lawrey, and M Ward, and Mrs G Paine
In Attendance: Councillors P Matheson and G Noonan, Group Manager Infrastructure (A Louverdis), Group Manager Strategy and Environment (C Barton), Manager Communications (P Shattock), Administration Adviser (S McLean), and Nelson Youth Councillors (F Jankiewicz-McClintock and B Shaw)
Apology: Her Worship the Mayor R Reese
1. Apology
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Resolved PR/2015/039 THAT an apology be received and accepted from Her Worship the Mayor. McGurk/Barker Carried |
2. Confirmation of Order of Business
There was no change to the order of business.
3. Interests
There were no updates to the Interests Register, and no interests with items on the agenda were declared.
4. Public Forum
There was no public forum.
5. Confirmation of Minutes
5.1 6 August 2015
Document number M1394, agenda pages 7 - 15 refer.
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Resolved PR/2015/040 THAT the minutes of the meeting of the Planning and Regulatory Committee, held on 6 August 2015, be confirmed as a true and correct record. Ward/Paine Carried |
Attendance: Councillor Fulton joined the meeting at 9.04am.
6. Status Report - Planning and Regulatory Committee - 17 September 2015
Document number R4828, agenda pages 16 - 18 refer.
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Resolved PR/2015/041 THAT the Status Report Planning and Regulatory Committee 17 September 2015 (R4828) and its attachment (A1155974) be received. McGurk/Lawrey Carried |
7. Chairperson's Report
Document number R4834, agenda pages 19 - 21 refer.
In response to questions on air quality, Group Manager Strategy and Environment, Clare Barton, advised that the Minister for the Environment had signalled an introduction of PM2.5 standards, but work on this was not expected to be completed until late 2016.
The Committee raised issues with the Nelson Air Quality Plan review being undertaken before the National Environmental Standard for Air Quality review was complete.
The Chairperson provided further detail on dates for Rugby World Cup 2015 trading.
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Resolved PR/2015/042 THAT the Chairperson's Report (R4834) be received. McGurk/Lawrey Carried |
8. Ship to Ship Transfer of Fuels
Document number R4350, agenda pages 22 - 42 refer.
Port Nelson Harbourmaster, David Duncan, Manager Consents and Compliance, Mandy Bishop, and Manager Environmental Inspections, Stephen Lawrence, presented the report.
Mr Duncan explained that if a ship to ship transfer of fuel took place outside the 12 mile limit of Port Nelson, the Port could not place conditions on the transfer to ensure it was closely controlled. He added there would be additional costs to an operator if they did set up outside the 12 mile limit.
Mr Duncan made reference to Tasman District Council having a Bylaw charge in place for the transfer of fuels activity.
Mr Duncan spoke about the procedure that Tasman District Council had put in place, and the funds that had been set up to distribute fees.
In response to questions, Mr Duncan spoke about the conditions which would need to be stipulated so that fumes would not vent into the air. He advised that several refineries had closed in Australia, which may make New Zealand more attractive to operators.
In response to a question, it was advised that an external consultant had not been considered for the review of the risk assessment.
Mr Duncan explained the procedure which would take place in auditing fuel transfer ships.
In response to a question, Ms Bishop explained that a Cultural Impact Assessment on ship to ship transfer of fuels had not been carried out, but would be done in future if the activity became more likely.
Concern was raised that more information was required in order to propose conditions for operators. Ms Bishop explained that the nature of conditions had been identified but not specified in the risk assessment.
Councillor Davy moved, seconded by Councillor Barker, the following motion, stating that it would be better to have a degree of control of such an operation.
Recommendation
THAT the report Ship to Ship Transfer of Fuels (R4350) and its attachment (A1410835) be received.
Recommendation to Council
THAT the Nelson City Council informs Maritime New Zealand that in the absence of specific details on ship to ship transfer of fuels operations the Council conditionally supports the ship to ship transfer of fuels in our territorial waters provided the operations are conducted in accordance with conditions and criteria determined by Maritime New Zealand and the harbourmaster.
It was pointed out that Port Nelson had an excellent safety record, and the negative effects and risks to the Nelson region of fuel transfers was very minor, while the benefits could be significant.
In response to discussion on fuel type, iwi concerns, ethical considerations, and environmental effects, the mover and seconder agreed to amend the second clause of the motion to:
Recommendation to Council
THAT the Nelson City Council informs Maritime New Zealand that in the absence of specific details on ship to ship transfer of light distillates and kerosene fuels operations the Council conditionally supports the ship to ship transfer of fuels in our territorial waters provided the operations are conducted in accordance with conditions and criteria determined by Maritime New Zealand and the harbourmaster, and subject to a requirement on the applicant for a cultural impact assessment and a report on environmental effects to be provided to Maritime New Zealand.
Attendance: The meeting adjourned from 10.17am to 10.19am.
The motion on the table was withdrawn with the agreement of the Committee.
Attendance: The meeting adjourned for morning tea from 10.22am to 10.34am.
The Chairperson noted that the matter was a polarising issue and would be appropriate to be considered by full Council.
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Resolved PR/2015/043 THAT the report Ship to Ship Transfer of Fuels (R4350) and its attachment (A1410835) be received. AND THAT the report Ship to Ship Transfer of Fuels (R4350) and its attachment (A1410835) be referred to Council. Davy/Barker Carried
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9. Nelson Port and Harbour Marine Safety Code
Document number R4751, agenda pages 43 - 101 refer.
Port Nelson Harbourmaster, David Duncan, and Manager Consents and Compliance, Mandy Bishop, presented the report.
Councillor Davy moved, seconded by Councillor Barker, the recommendation in the officer’s report.
Mr Duncan clarified that the Code was not compulsory but was adopted by most councils in New Zealand.
In response to questions, Mr Duncan provided further detail on upper size limits of vessels, risk assessments, activity zoning, drills, fire fighting capability of vessels, and the risk score calculation. Mr Duncan highlighted that any matters relating to risk were peer reviewed.
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Resolved PR/2015/044 THAT the report Nelson Port and Harbour Marine Safety Code (R4751) and its attachment (A1418392) be received. Davy/Barker Carried |
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Recommendation to Council PR/2015/045 THAT the Council adopts the Nelson Port and Harbour Marine Safety Code (A1418392) dated August 2015. Davy/Barker Carried
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Attendance: Councillor Davy left the meeting at 10.52am.
10. Dog Control and District Licensing Committee Annual Reports 2014-2015
Document number R4619, agenda pages 102 - 110 refer.
Manager Consents and Compliance, Mandy Bishop, and Manager Environmental Inspections, Stephen Lawrence, presented the report.
In response to questions about dog control, Mr Lawrence provided further detail on variances in figures, staffing levels, wandering dogs, complaint levels and owner disqualification.
Attendance: Councillor Davy returned to the meeting at 10.57am.
In response to a question about district licensing, Ms Bishop advised there was no current issue with the fact that the Local Alcohol Policy was on hold, but it could be beneficial in future if there was a contested application.
Mr Lawrence agreed to provide further detail on cellar door definition and locations to the Committee.
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Resolved PR/2015/046 THAT the report Dog Control and District Licensing Committee Annual Reports 2014-2015 (R4619) and its attachments (A1394170 and A1394117) be received; AND THAT the Council approve the Nelson City Council Dog Control Activity Report 2014-2015 (A1394170); AND THAT the Council approve the Nelson District Licensing Committee Report 2014-2015 (A1394117). Barker/Davy Carried |
11. Building and Other Regulatory Activity Management Plan 2015-2025
Document number R4673, agenda pages 111 - 128 refer.
Manager Consents and Compliance, Mandy Bishop, and Manager Building, Martin Brown, presented the report.
Attendance: Councillor Barker left the meeting from 11.09am to 11.12am.
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Resolved PR/2015/047 THAT the report Building and Other Regulatory Activity Management Plan 2015-2025 (R4673) and its attachments (A1423077 and A1150957) be received. Davy/Fulton Carried |
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Recommendation to Council PR/2015/048 THAT the Building and Other Regulatory Activity Management Plan 2015-2025 (A1150957), amended to reflect the Long Term Plan 2015-2025, be adopted. Davy/Fulton Carried |
12. Environment Activity Management Plan 2015-2025
Document number R4693, agenda pages 129 - 160 refer.
Manager Planning, Matt Heale, and Manager Environmental Programmes, Dean Evans, presented the report.
There was discussion about the Minister for the Environment’s delay in reviewing the National Environmental Standard for Air Quality, and the impact on the review of the Nelson Air Quality Plan.
Group Manager Strategy and Environment, Clare Barton, advised the Minister had signalled that amendments would be prepared by late 2016. Ms Barton added that Council officers had written to the Minister to ask that he work closely with Council, and she and the Mayor had planned a meeting with the Minister.
In response to a question, Ms Barton advised that Council’s plans were required to be consistent with National Environmental Standards (NES).
In response to a question about bringing the notification date for the Air chapter of the Nelson Plan forward to January 2016, Mr Heale explained the implications on the timeframe for the delivery of the wider Nelson Plan. He explained that a contractor would be required in order to meet the notification deadline for the air provisions. Mr Heale said the wider Nelson Plan would need to be notified during the 2016 election period due to the volume of information for councillors and the need for a two step hearing process.
Ms Barton explained there would be no time for a draft of the air provisions to be put out for consultation. Mr Heale advised a variation on air provisions could be undertaken in late 2016 to address potential changes to the NES, but this would delay the process as there may still be no operative version of the Plan.
It was agreed that the full list of Nelson 2060 goals would be added to section 1.10 of the Activity Management Plan.
Attendance: Councillor Lawrey left the meeting from 11.26am to 11.28am.
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Resolved PR/2015/049 THAT the report Environment Activity Management Plan 2015-2025 (R4693) and its attachments (A1423448 and A1243203) be received. Davy/Paine Carried
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Recommendation to Council PR/2015/050 THAT the Environment Activity Management Plan 2015-2025 (A1243203), amended to reflect the Long Term Plan 2015-25, be adopted. Davy/Paine Carried
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There being no further business the meeting ended at 11.33am.
Confirmed as a correct record of proceedings:
Chairperson
Date
Minutes of a meeting of the Community Services Committee
Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson
On Thursday 24 September 2015, commencing at 9.04am
Present: Councillor P Rainey (Chairperson), Her Worship the Mayor R Reese, Councillors R Copeland, M Lawrey, P Matheson, G Noonan (Deputy Chairperson), T Skinner, and M Ward
In Attendance: Councillors B McGurk and I Barker, Group Manager Infrastructure (A Louverdis), Group Manager Community Services (C Ward), Group Manager Corporate Services (N Harrison), Manager Libraries (I Littleworth), Manager Communications (P Shattock), Manager Administration (P Langley), Administration Adviser (G Brown), and Youth Councillors (F Sawyer and K Phipps)
1. Apologies
There were no apologies.
2. Confirmation of Order of Business
The Chairperson advised the Committee there would be an additional public forum and a late item, which was item 7, Chairperson’s Report, on the agenda.
He advised that item 11, Broadgreen House Change Proposal would be taken as item 6.
3. Interests
There were no updates to the Interests Register, and no interests with items on the agenda were declared.
4. Public Forum
4.1 Mary Gavin, Broadgreen Society - Broadgreen House
Mary Gavin, from the Broadgreen Society, spoke about Broadgreen House.
Ms Gavin spoke about the Annual General Meeting and the long service of some of the volunteers. A Broadgreen Historic House leaflet was tabled (A1434501).
Ms Gavin referred to item 11 on the agenda, Broadgreen House – Change Proposal. She advised the Broadgreen Society had concerns regarding house entrance fees and souvenir sales being retained by Council and that the 1 November start date was unlikely.
In response to a question, Ms Gavin said the operating budget for the Broadgreen Society was approximately $20,000.
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Attachments 1 A1434490 - Mary Gavin Broadgreen Society Presentation 2 A1434501 - Tabled Document - Mary Gavin Broadgreen Historic House Leaflet |
4.2 National Council of Women - Broadgreen Historic House
Gail Collingwood of the National Council of Women – Nelson Branch spoke about Broadgreen Historic House.
Ms Collingwood spoke to a tabled document (A1432957).
In response to a question, Ms Collingwood said the reason she believed Broadgreen Historic House was only attracting eight visitors a day was due to lack of promotion and marketing.
In response to a further question, Ms Collingwood said Broadgreen Historic House was once part of school programmes however, due to health and safety, school field trips were now low in numbers.
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Attachments 1 A1432957 - Tabled Document - Gail Collingwood's Presentation |
4.3 Hans Dukker - Location of the Stoke Community Centre
Document number R4820, agenda pages 11 - 20 refer.
In response to a question, Mr Dukker said that he was involved in the Spotlight on Stoke and Stoke Urban Design consultations.
In response to a further question, Mr Dukker said the estimations included in his public forum documentation were his own and he believed the funds already spent on the Stoke Community Centre should be written off.
Mr Dukker confirmed that he believed the Stoke Community Centre should be constructed on the current cricket pitch.
4.4 Nelson Bays Community Law – Refugee Services
Peter Riley, of Nelson Bays Community Law, was joined by Thuang Thuang head of Nelson Refugee forum.
Mr Riley spoke to tabled documents (A1431573 and A1431581).
In response to a question, it was advised that only an acknowledgement had been received from the Chief Executive Officer and Chairperson at the Red Cross in relation to the letter sent to them regarding the concerns of Refugee Services.
In response to a further question, Mr Riley said the support contract with Red Cross was for a period of six months which was not realistic.
Mr Riley advised the number of refugees coming to Nelson was approximately 90 per year and was likely to increase.
In response to a question, Mr Riley said there were currently eight people working at Refugee Services and that rent was approximately $25,000 per annum.
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Attachments 1 A1431573 - Tabled Document - Nelson Community Law - Peter Riley 2 A1431581 - Tabled Document 2 - Refugee Services - Peter Riley and Thuang Thuang |
5. Confirmation of Minutes
5.1 13 August 2015
Document number M1402, agenda pages 21 - 27 refer.
Attendance: Her Worship the Mayor left the meeting at 10.25am and returned to the meeting at 10.27am. Councillor Matheson left the meeting at 10.26am.
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Resolved CS/2015/042 THAT the minutes of the meeting of the Community Services Committee, held on 13 August 2015, be confirmed as a true and correct record. Ward/Lawrey Carried |
Attendance: The meeting adjourned for morning tea at 10.28am until 10.45am. During this time Councillor Matheson returned to the meeting.
6. Broadgreen House - Change Proposal
Document number R4770, agenda pages 94 - 114 refer.
Manager Libraries, Ian Littleworth, presented the report.
In response to a question, Mr Littleworth advised the Committee that officers were currently working on processes relating to 1 November 2015 when revenue from house entrance fees and souvenir sales would be retained by Council.
Attendance: Councillor Matheson left the meeting at 10.47am.
In response to a question, Mr Littleworth said that Broadgreen House had between 35 and 40 volunteers which was a comfortable number for staffing.
Attendance: Councillor Matheson returned to the meeting at 10.50am.
In response to a further question, Mr Littleworth said the expenditure illustrated on page 96 of the report was predominantly for two curators, one from the Broadgreen Society and the other from Founders Park, totalling approximately $70,000.
Mr Littleworth informed the Committee that there was no intention in dropping the levels of service for Broadgreen House and that Council would be focussing on promotions and organising activities across all heritage facilities.
It was discussed that renegotiations were required in relation to the new Areas of Financial Responsibility agreement and that the date specified in clause 3 of the Officer’s report was not flexible in relation to the renegotiations.
Attendance: The meeting adjourned from 11.12am until 11.17am.
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Resolved CS/2015/046 THAT the report Broadgreen House - Change Proposal (R4770) and its attachments (A1368342 and A1374924) be received. Rainey/Matheson Carried |
It was discussed that the heritage culture in Nelson needed to be strengthened and it was vital for Council to work closely with the Broadgreen Society.
It was highlighted that Council needed to think of new ways to connect with the community and get more people through the door at Broadgreen House.
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Recommendation to Council CS/2015/047 THAT Broadgreen House operate over winter with reduced opening hours of 11am-3pm and return to full opening hours, 10.30am-4.30pm, from 1 October to 31 May; AND THAT Broadgreen Society take responsibility for providing volunteer guides necessary to enable Broadgreen House to remain open over winter; AND THAT Council agrees in principle that all revenue from house entrance fees and souvenir sales be retained by Council and used to fund heritage promotions, exhibitions and other activities; AND THAT staff negotiate a new Areas of Financial Responsibility agreement with Broadgreen Society to reflect Council decisions. Rainey/Noonan Carried |
7. Status Report - Community Services Committee - 24 September
Document number R4876, agenda pages 28 - 31 refer.
In response to a question, Group Manager Community Services, Chris Ward advised he would circulate the Arts Fund concepts to Councillors.
Attendance: Her Worship the Mayor left the meeting at 11.29am and returned at 11.31am.
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Resolved CS/2015/048 THAT the Status Report Community Services Committee 24 September 2015 (R4876) and its attachment (A1157454) be received. Noonan/Ward Carried |
8. Chairperson's Report
Document number R4896, late items agenda pages 3 - 4 refer.
The Chairperson informed the Committee of the late item, Chairperson’s Report, and advised that the following resolution needed to be passed for the item to be considered:
Resolved
THAT the item regarding Chairperson's Report be considered at this meeting as a major item not on the agenda, pursuant to Section 46A(7)(a) of the Local Government Official Information and Meetings Act 1987, to enable a timely decision to be made.
Rainey/Ward Carried
In response to a question about the Rutherford Park Playground, Group Manager Infrastructure, Alec Louverdis advised the Workshop to be held 1 December would be reviewing three concepts for design which would range in budget.
It was discussed that the recommendation needed to be flexible but still provide enough information to designers to be able to proceed with a concept.
Point of Order: Her Worship the Mayor raised a point of order in accordance with standing order 3.13.4(c). The Chairperson accepted the point of order, noting that discussions regarding budgets were irrelevant as this content was not being considered today.
Attendance: Councillor Copeland left the meeting at 11.46am.
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Resolved CS/2015/049 THAT the Chairperson's Report (R4896) be received; AND THAT Option 2 of the Outline Business Case for Rutherford Playground project 2294 be amended to read: “Creating a playground which is capable of attracting and actively engaging a wide age group primarily focussed on the 5-13 years age group.” Rainey/Lawrey Carried |
Arts, Festivals and Events
9. Arts Activity Management Plan 2015-25
Document number R4448, agenda pages 32 - 82 refer.
Attendance: Councillor Copeland returned to the meeting at 11.47am.
Manager Community Partnerships, Shanine Hermsen, presented the report.
In response to a question, Group Manager Community Services, Chris Ward advised Washington Valley Artwork referenced on page 40 of the agenda was dependent on community fundraising.
Point of Order: Her Worship the Mayor raised a point of order in accordance with standing order 3.13.4(c). The Chairperson accepted the point of order, noting that discussions regarding budgets were irrelevant as this content was not being considered today.
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Resolved CS/2015/050 THAT the report Arts Activity Management Plan 2015-25 (R4448) and its attachments (A1126659 and A1428219) be received. Rainey/Noonan Carried |
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Recommendation to Council CS/2015/051 THAT the Arts Activity Management Plan 2015-2025 (A1126659), amended to reflect the Long Term Plan 2015-25, be adopted. Noonan/Matheson Carried
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Attendance: Councillor Lawrey left the meeting at 11.59am.
Recreation and Leisure
10. Rutherford Park community groups relocation
Document number R4880, agenda pages 83 - 84 refer.
Group Manager Infrastructure, Alec Louverdis, presented the report.
Attendance: Her Worship the Mayor left the meeting at 11.58am.
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Resolved CS/2015/052 THAT the report Rutherford Park community groups relocation (R4880) be received; AND THAT the Community Services Committee agree to refer to Council for a decision the relocation of community groups from Rutherford Park. Matheson/Noonan Carried |
Community Development
11. Community Investment Funding Panel Terms of Reference
Document number R4858, agenda pages 85 - 93 refer.
Manager Community Partnerships, Shanine Hermsen, presented the report.
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Resolved CS/2015/053 THAT the report Community Investment Funding Panel Terms of Reference (R4858) and its attachments (A1381696, A1426782 & A1427107) be received. Rainey/Ward Carried |
Attendance: Her Worship the Mayor and Councillor Lawrey returned to the meeting at 12.01pm.
In response to a question, Ms Hermsen said the panel was taken from expressions of interest.
It was discussed the outcome would be a good example of collaboration with staff, Council and the community.
Attendance: Councillor Copeland left the meeting at 12.06pm.
It was noted that it would be beneficial for the panel to provide feedback to Councillors.
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Recommendation to Council CS/2015/054 THAT the Community Investment Funding Panel Terms of Reference (A1381696) are adopted and four community representatives are appointed to the membership of the Panel from September 2015 to June 2017 to incorporate the 2015/16 and 2016/17 financial years; AND THAT the delegations register is updated in accordance with document A1426782 to incorporate the Community Investment Funding Panel and amend the name of the fund and delegated role of the Community Services Committee; AND THAT the Community Assistance Policy is amended to reflect the changes in membership of the Community Investment Funding Panel as proposed in document A1427107. Rainey/Ward Carried
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Libraries
12. Nelson Youth Council - Update
Youth Councillors Fynn Sawyer and Keegan Phipps provided an update on Youth Council activities.
Mr Phipps informed the Committee that Youth Council had been involved in heritage week where photographs would be displayed at the Refinery Gallery. He added that recruitment had opened for the 2016 Youth Council and that it closed on 16 October.
Mr Phipps advised that Youth Council was currently working with Council officer Axel de Maupeou on a collective arts project with Nelson Marlborough Institute of Technology.
Attendance: Councillor Copeland returned to the meeting at 12.11pm.
Mr Phipps spoke about a potential study area in the future at Elma Turner Library which would be considered in future developments.
He advised the Committee that at the Youth Council meeting the Trans-Pacific Partnership Agreement was discussed. He added that Hon Dr Nick Smith would be attending the last Youth Council meeting for the year.
Mr Sawyer informed the Committee that 20 youth were involved in different workshops relating to emergency services and had the opportunity to extend their time at a chosen service.
REPORTS FROM COMMITTEES
13. Nelson Youth Council - 1 July 2015
Document number M1315, agenda pages 115 - 120 refer.
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Resolved CS/2015/055 THAT the confirmed minutes of a meeting of the Nelson Youth Council, held on 1 July 2015, be received. Rainey/Noonan Carried |
14. Nelson Youth Council - 11 August 2015
Document number M1398, agenda pages 121 - 128 refer.
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Resolved CS/2015/056 THAT the confirmed minutes of a meeting of the Nelson Youth Council, held on 11 August 2015, be received. Rainey/Noonan Carried |
15. Exclusion of the Public
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Resolved CS/2015/057 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: Noonan/Lawrey Carried |
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Item |
General subject of each matter to be considered |
Reason for passing this resolution in relation to each matter |
Particular interests protected (where applicable) |
|
1 |
Community Services Committee Meeting Minutes - Public Excluded - 13 August 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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2 |
Status Report - Community Services Committee - 24 September
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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)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) |
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3 |
Community Housing Management Contract
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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)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) |
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4 |
Saxton Oval Electricity Upgrade
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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)(h) To enable the local authority to carry out, without prejudice or disadvantage, commercial activities · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) |
The meeting went into public excluded session at 12.18pm and resumed in public session at 1.31pm.
16. Re-admittance of the Public
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Resolved CS/2015/058 THAT the public be re-admitted to the meeting. Rainey/Lawrey Carried |
There being no further business the meeting ended at 1.31pm.
Confirmed as a correct record of proceedings:
Chairperson
Date
Minutes of a meeting of the Governance Committee
Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson
On Thursday 1 October 2015, commencing at 9.00am
Present: Councillor I Barker (Chairperson), Her Worship the Mayor R Reese, Councillors L Acland (Deputy Chairperson), E Davy, K Fulton, P Matheson, B McGurk, and G Noonan, and Mr J Peters
In Attendance: Group Manager Community Services (C Ward), Group Manager Corporate Services (N Harrison), Group Manager Infrastructure (A Louverdis), Senior Strategic Adviser (N McDonald), Manager Communications (P Shattock), Manager Administration (P Langley), and Administration Adviser (S McLean)
Apologies: Councillor P Rainey and Mr John Murray for attendance, Councillor K Fulton for lateness
1. Apologies
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Resolved GOV/2015/044 THAT apologies be received and accepted from Councillor Rainey and Mr Murray for attendance, and Councillor Fulton for lateness. Acland/Peters Carried |
2. Confirmation of Order of Business
There was no change to the order of business.
3. Interests
There were no updates to the Interests Register, and no interests with items on the agenda were declared.
4. Public Forum
There was no public forum.
5. Confirmation of Minutes
5.1 20 August 2015
Document number M1409, agenda pages 8 - 13 refer.
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Resolved GOV/2015/045 THAT the minutes of the meeting of the Governance Committee, held on 20 August 2015, be confirmed as a true and correct record. McGurk/Davy Carried |
Attendance: Councillor Matheson joined the meeting at 9.02am.
6. Chairperson's Report
The Chairperson provided an update on the Port Nelson Annual General Meeting, highlighting that the company was performing well.
The Chairperson spoke about the opening of the new headquarters for Nelmac.
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Resolved GOV/2015/046 THAT the Chairperson’s Report be received. Barker/Noonan Carried |
7. Sister Cities Update October 2015
Document number R4930, agenda pages 14 - 18 refer.
Group Manager Community Services, Chris Ward, and Sister City Coordinator, Gail Collingwood, presented the report.
Attendance: Councillor Fulton joined the meeting at 9.08am.
Ms Collingwood highlighted the volunteer contribution to sister cities and emphasised that the sister city agreements sat with Council. Her Worship the Mayor thanked Ms Collingwood and the volunteers for their service to sister cities relationships.
There was discussion on lower level relationships with other cities as Council was at capacity in terms of sister city level relationships.
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Resolved GOV/2015/047 THAT the report Sister Cities Update October 2015 (R4930) and its attachment (A1433825) be received. Noonan/Davy Carried |
8. Service Level Reviews Under Section 17A Local Government Act
Document number R4443, agenda pages 19 - 23 refer.
Senior Strategic Adviser, Nicky McDonald, and Policy Adviser, Susan Moore-Lavo, presented the report.
There was discussion on how contracts would be considered in the review and the level of ‘business as usual’ review currently undertaken in terms of contract renewal.
Questions were asked about timing of reporting the review back to the Committee, how comprehensive the review would be, what criteria would be set to determine if a review was needed, and what the resourcing implications would be. Concern was raised that Council would not be involved in determining which activities would be reviewed.
It was suggested that set criteria be used to assess activities, including a cut-off level in terms of cost of the service. It was also pointed out that officer assumptions on the need to review or not review activities should be tested.
Attendance: The meeting adjourned from 9.58am to 10.03am.
In response to a question about reviewing Council Controlled Organisation activities, Ms McDonald advised that further assessment on this matter was required.
It was asked that officers further assess legislation, costs, resources, criteria, breadth and governance oversight of the review.
It was pointed out that a level of service could not be amended until a contract was up for renewal.
Attendance: Councillor Acland left the meeting at 10.12am.
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Resolved GOV/2015/048 THAT the report Service Level Reviews Under Section 17A Local Government Act (R4443) be received. McGurk/Matheson Carried |
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Recommendation to Council GOV/2015/049 THAT approval is given for officers to prepare scope of work and resourcing needed for service level review to comply with the requirements of Section 17A of the Local Government Act 2002;
AND THAT officers prepare a draft criteria of factors to be considered to determine if a service level review of an activity or contract is to be implemented; AND THAT these matters are reported back to the Governance Committee; AND THAT the Governance Committee maintains oversight of service level reviews. McGurk/Matheson Carried |
9. Economic Development Services Contract with Tasman District Council
Document number R4588, agenda pages 24 - 33 refer.
Group Manager Community Services, Chris Ward, presented the report.
It was agreed that due to the need to discuss negotiations on the matter, it would be moved to the public excluded part of the meeting.
REPORTS FROM COMMITTEES
10. Audit, Risk and Finance Subcommittee - 10 September 2015
Document number M1459, agenda pages 34 - 39 refer.
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Resolved GOV/2015/050 THAT the unconfirmed minutes of a meeting of the Audit, Risk and Finance Subcommittee, held on 10 September 2015, be received. Peters/McGurk Carried |
10.1 Carry Forwards from 2014/15
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Recommendation to Council GOV/2015/051 THAT $4,233,000 of unspent capital budget from 2014/15 be carried forward for use in 2015/16; AND THAT $403,000 of capital spent in 2014/15 be offset against 2015/16 budgets; AND THAT an amount of $107,000 operating budget be carried forward for use in 2015/16. Peters/McGurk Carried |
10.2 Draft Internal Audit Charter
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Recommendation to Council GOV/2015/052 THAT the Draft Internal Audit Charter (A1395134) as amended as per the Audit, Risk and Finance Subcommittee minutes 10 September 2015 be approved. Peters/McGurk |
11. Commercial Subcommittee - 10 September 2015
Document number M1460, agenda pages 40 - 42 refer.
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Resolved GOV/2015/053 THAT the unconfirmed minutes of a meeting of the Commercial Subcommittee, held on 10 September 2015, be received. Peters/Noonan Carried |
12. Exclusion of the Public
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Resolved GOV/2015/054 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: Peters/Noonan Carried |
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Item |
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 |
Governance Committee Meeting Minutes - Public Excluded - 20 August 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). · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person. · Section 7(2)(h) To enable the local authority to carry out, without prejudice or disadvantage, commercial activities. |
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2 |
Status Report - Governance Committee - October 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)(h) To enable the local authority to carry out, without prejudice or disadvantage, commercial activities |
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3 |
Akersten Street Land Purchase
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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)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) |
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4 |
City of Nelson Civic Trust - New Trustee
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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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5 |
Bishop Suter Trust - Trustee rotation and remuneration
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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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6 |
Commercial Subcommittee Meeting Minutes - Public Excluded - 10 September 2015 These minutes contain a recommendation regarding: · Property Asset Review – 3 Precincts Workshop – terms of reference |
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)(h) To enable the local authority to carry out, without prejudice or disadvantage, commercial activities. |
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7 |
Economic Development Services Contract with Tasman District Council |
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) |
The meeting went into public excluded session at 10.32am and resumed in public session at 12.42pm, during which time Councillor Acland returned to the meeting.
13. Re-admittance of the Public
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Resolved GOV/2015/055 THAT the public be re-admitted to the meeting. Acland/McGurk Carried |
There being no further business the meeting ended at 12.42pm.
Confirmed as a correct record of proceedings:
