Minutes of a meeting of the Nelson City Council
Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson
On Thursday 19 November 2015, commencing at 9.00am
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), Group Manager Strategy and Environment (C Barton), Group Manager Corporate Services (N Harrison), Senior Strategic Adviser (N McDonald), Manager Communications (P Shattock), Manager Administration (P Langley), and Administration Adviser (G Brown)
Opening Prayer
Councillor Noonan gave the opening prayer.
There were no apologies.
2. Confirmation of Order of Business
There was no change to the order of business.
There were no updates to the Interests Register, and no interests with items on the agenda were declared.
There was no public forum.
5.1 15 October 2015
Document number M1531, agenda pages 16 - 41 refer.
It was agreed that on page 21 of the agenda the words ‘There were divided views on the amendment’ be changed to read ‘There were a range of views expressed on the amendment’ with the following sentence deleted.
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Resolved CL/2015/130 THAT the amended minutes of the meeting of the Council, held on 15 October 2015, be confirmed as a true and correct record. |
5.2 5 November 2015 - Extraordinary Meeting
Document number M1582, agenda pages 42 - 44 refer.
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Resolved CL/2015/131 THAT the minutes of the extraordinary meeting of the Council, held on 5 November 2015, be confirmed as a true and correct record. |
6. Status Report - Council - 19 November 2015
Document number R5141, agenda pages 45 - 51 refer.
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Resolved CL/2015/132 THAT the Status Report Council 19 November 2015 (R5141) and its attachment (A1168168) be received. |
Document number R5128, agenda pages 52 - 52 refer.
In response to a question, Her Worship the Mayor advised an email was sent to councillors in relation to the Central Business District Enhancement Panel, and that Councillors Rainey and Noonan formed part of the Panel.
It was requested that a list of the Panel members be sent to Councillors and that the CBD Enhancement Panel meetings be added to the Councillors’ calendar.
In response to a question, Chief Executive, Clare Hadley advised that the cost of the Royal Visit would be indicated in the Corporate Report which would be considered at the Audit, Risk and Finance Subcommittee in 2016.
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Resolved CL/2015/133 THAT the Mayor's Report (R5128) be received. |
8. QV Revaluation Presentation
Gail Smits and Richard Kolff of Quotable Value gave a PowerPoint presentation on the 2015 revaluation of Nelson properties (A1461656).
In response to questions, Ms Smits said that objections were usually raised due to work undertaken that did not require a resource consent, such as a new kitchen. She added that QV received notification from Council regarding new building consents.
In response to a further question, Ms Smits said that lodging objections did not cost the objector and that approximately 75% of objections sought an increase in valuation.
In response to a question, Mr Kolff advised that commercial rents were high due to prime retail space and market evidence. He added that if retail space was empty then there would usually be a market adjustment.
In response to a question, Ms Smit clarified that inspections were legally required to be held on site.
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1 A1461656 - QV Revaluation 2015 Presentation |
9. Review of the District Licensing Committee
Document number R4885, agenda pages 62 - 65 refer.
Manager Consents and Compliance, Mandy Bishop, presented the report.
In response to a question, Ms Bishop confirmed that if a councillor lodged an objection or was party to the application, then this would exclude the remaining councillors from participating in the District Licensing Committee decision making for this application, due to public perception of potential for bias.
In response to a further question, Ms Bishop clarified that she did not believe feedback to Local Government New Zealand was required in relation to conflicts of interests and councillors as the Sale and Supply of Alcohol Act 2012 had provisions that enabled an independent panel to be selected for the District Licensing Committee.
Chief Executive, Clare Hadley advised that she would provide councillors with advice received to date in relation to councillors lodging an objection, and the impact this had on other councillors.
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Resolved CL/2015/134 THAT the report Review of the District Licensing Committee (R4885) be received; AND THAT the Nelson City Council confirm the appointment term for the current District Licensing Committee members for: · non-elected members is to 12 November 2018; and · elected members is to coincide with the term of Council ending on the day after the final election results. |
10. Draft Health and Safety Management System Governance Charter
Document number R4947, agenda pages 66 - 91 refer.
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Resolved CL/2015/135 THAT the report Draft Health and Safety Management System Governance Charter (R4947) and its attachments (A1448669, A1451891, A1394804 and A1455112) be received; AND THAT this item lie on the table until a workshop has been held. |
11. External Appointee Remuneration for Subcommittee Involvement
Document number R4932, agenda pages 92 - 103 refer.
In response to a question, Chief Executive, Clare Hadley advised that the Office of the Auditor General was comfortable with external appointees being involved in meetings.
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Resolved CL/2015/136 THAT the report External Appointee Remuneration for Subcommittee Involvement (R4932) and its attachments (A118115, A1137622 and A1103868) be received; AND THAT Council confirms no change is required to the Selection, Appointment and Remuneration Policy for External Appointees on Council Committees. |
12. Schedule of Council Meetings 2016
Document number R5121, agenda pages 104 - 117 refer.
There was general agreement the Council meeting for reporting back from representatives should be a more informal format.
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Resolved CL/2015/137 THAT the report Schedule of Council Meetings 2016 (R5121) and its attachment (A1458547) be received; AND THAT the schedule of meetings outlined in Attachment 1 (A1458547) be adopted. |
Attendance: The meeting adjourned for morning tea from 10.00am until 10.16am.
13. Administrative Matters Report
Document number R5134, agenda pages 118 - 119 refer.
Manager Administration, Penny Langley, presented the report.
The Chief Executive, Clare Hadley, advised that advice was being prepared to provide an update regarding the budget and work completed to date for the Trafalgar Centre.
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Resolved CL/2015/138 THAT the report Administrative Matters Report (R5134) be received. |
14. Rutherford Park - Roading and Parking Concept Plan
Document number R5079, agenda pages 53 - 61 refer.
Major Projects Engineer, Darryl Olverson, Parks and Facilities Asset Planner, Andrew Petheram, and External Consultant, Andrew Irving presented.
Mr Olverson gave a PowerPoint presentation (A1464063).
In response to questions, Mr Olverson said that option 2 had been recommended in the officer’s report due to fiscal reasons. He added that the feedback from the Urban Design Panel was that option 1 was the preferred design.
Concern was raised that there was insufficient parking close to the stadium and that trucks and buses would be unable to turnaround.
Attendance: Councillor Lawrey left the meeting at 10.37am.
In response to questions, Mr Petheram advised that existing trees would be retained where possible.
In response to a question, Mr Olverson advised that the southern end of the Trafalgar Centre provided adequate parking for three large vehicles. He added that the southern end could be expanded to the west to provide additional carparking if required.
Attendance: Councillor Lawrey returned to the meeting at 10.42am.
In response to a question, Mr Petheram said that he was not concerned about dangers from vehicles in relation to the position of the playground, as traffic would be moving very slowly.
Her Worship the Mayor, seconded by Councillor Ward moved a motion
THAT the report Rutherford Park - Roading and Parking Concept Plan (R5079) and its attachments (A1457554, A1457555 and A1451682) be received;
AND THAT the Rutherford Park – Option 1 Roading and Parking Concept Plan (A1451682) at an estimated cost of $2,905,000 (and noting the enhancements proposed by the Urban Design Panel reflected in document A1462199) be approved, noting this will take the total budget to $3,005,000;
AND THAT funding to come from the $2 million for roading, carparking and landscaping and $300,000 for walk/cycle connections budgeted in the Long Term Plan 2015/25
AND THAT up to $700,000 unbudgeted capital expenditure be approved to give effect to enhanced option 1 based on A1462199;
And THAT authority be delegated to the Mayor, Chair of Works and Infrastructure, Chair of Community Services or their Deputies and the Chief Executive (in alignment with the delegated authorities for the Trafalgar Centre project) to effect this.
There was concern raised about the $700,000 unbudgeted capital expenditure and whether other areas such as the playground should not be progressed. Mrs Hadley advised that unbudgeted expenditure could be recovered in the following financial year.
There was general support that option 1 was the best approach and would provide the best outcome.
A division was called:
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Councillor Acland |
Aye |
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Councillor Barker |
Aye |
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Councillor Copeland |
Aye |
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Councillor Davy |
Aye |
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Councillor Fulton |
Aye |
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Councillor Lawrey |
Aye |
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Councillor Matheson |
No |
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Councillor McGurk |
Aye |
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Councillor Noonan |
Aye |
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Councillor Rainey |
Aye |
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Councillor Skinner |
Aye |
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Councillor Ward |
Aye |
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Her Worship the Mayor |
Aye |
The motion was passed, 12-1.
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Resolved CL/2015/139 THAT the report Rutherford Park - Roading and Parking Concept Plan (R5079) and its attachments (A1457554, A1457555 and A1451682) be received; AND THAT the Rutherford Park – Option 1 Roading and Parking Concept Plan (A1451682) at an estimated cost of $2,905,000 (and noting the enhancements proposed by the Urban Design Panel reflected in document A1462199) be approved, noting this will take the total budget to $3,005,000; AND THAT funding to come from the $2 million for roading, carparking and landscaping and $300,000 for walk/cycle connections budgeted in the Long Term Plan 2015/25; AND THAT up to $700,000 unbudgeted capital expenditure be approved to give effect to enhanced option 1 based on A1462199; And THAT authority be delegated to the Mayor, Chair of Works and Infrastructure, Chair of Community Services or their Deputies and the Chief Executive (in alignment with the delegated authorities for the Trafalgar Centre project) to effect this. |
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1 A1464063 - Rutherford Park Roading and Parking Concept Plan Presentation |
Document number R5140, agenda pages 120 - 125 refer.
15.1 21 September 2015
Document number A1431061
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Resolved CL/2015/140 THAT the minutes of a meeting of the Hearings Panel - Other, held on 21 September 2015, be received. |
15.2 19 October 2015
Document number A1447931
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Resolved CL/2015/141 THAT the minutes of a meeting of the Hearings Panel - Other, held on 19 October 2015, be received. |
15.3 5 November 2015
Document number A1455223
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Resolved CL/2015/142 THAT the minutes of a meeting of the Hearings Panel - Other, held on 19 October 2015, be received. |
16. Regional Transport Committee - 16 October 2015
Document number M1537, agenda pages 126 - 130 refer.
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Resolved CL/2015/143 THAT the unconfirmed minutes of a meeting of the Regional Transport Committee, held on 16 October 2015, be received. |
17. Works and Infrastructure Committee - 22 October 2015
Document number M1543, agenda pages 131 - 137 refer.
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Resolved CL/2015/144 THAT the unconfirmed minutes of a meeting of the Works and Infrastructure Committee, held on 22 October 2015, be received. |
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17.1 Transportation Asset Management Plan 2015-25 |
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Resolved CL/2015/145 THAT the Transportation Asset Management Plan 2015-25 (A1156705), amended to reflect the Long Term Plan 2015-25, be adopted. |
17.2 Greenmeadows Stormwater Easement Consent
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Resolved CL/2015/146 THAT Council grant the Nelson City Council an easement pursuant to Section 48(1) of the Reserves Act 1977 under delegated authority from the Minister of Conservation, over Part Section 50 District of Suburban South defined on DP4585, as described in report (R4822). |
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17.3 Solid Waste Asset Management Plan 2015-25 |
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Resolved CL/2015/147 THAT the Solid Waste Asset Management Plan 2015-2025 (A1428146), amended to reflect the Long Term Plan 2015-25, be adopted. |
18. Planning and Regulatory Committee - 29 October 2015
Document number M1558, agenda pages 138 - 144 refer.
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Resolved CL/2015/148 THAT the unconfirmed minutes of a meeting of the Planning and Regulatory Committee, held on 29 October 2015, be received. |
18.1 Draft Whakamahere Whakatu Nelson Plan - Woodburners and Air Quality
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Resolved CL/2015/149 THAT a Plan change to alter the woodburner provisions of the Nelson Air Quality Plan is notified in January 2016; AND THAT in respect of the plan change for the Air Quality Plan an independent hearing panel be decided by Her Worship the Mayor, the Chair and Deputy Chair of the Planning and Regulatory Committee and be given delegations to hear and make decisions on the Woodburner Plan Change. |
19. Joint Committee - 3 November 2015
Document number M1570, agenda pages 145 - 149 refer.
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Resolved CL/2015/150 THAT the unconfirmed minutes of a meeting of the Joint Committee, held on 3 November 2015, be received. |
20. Community Services Committee - 3 November 2015
Document number M1568, agenda pages 150 - 156 refer.
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Resolved CL/2015/151 THAT the unconfirmed minutes of a meeting of the Community Services Committee, held on 3 November 2015, be received. |
20.1 Heritage Activity Management Plan 2015-25
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Resolved CL/2015/152 THAT the Heritage Activity Management Plan 2015-2025 (A372602), amended to reflect the Long Term Plan 2015-25, be adopted. |
20.2 Parks and Reserves Asset Management Plan 2015-25
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Resolved CL/2015/153 THAT the Parks and Reserves Asset Management Plan 2015-25 (A1225419), amended to reflect the Long Term Plan 2015-25, be adopted. |
20.3 Property and Facilities Asset Management Plan 2015-25
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Resolved CL/2015/154 THAT the Property and Facilities Asset Management Plan 2015-25 (A1448986), amended to reflect the Long Term Plan 2015-2025, be adopted. |
20.4 Community Partnerships Activity Management Plan 2015-25
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Resolved CL/2015/155 THAT the Community Partnerships Activity Management Plan 2015-2025 (A1236577), amended to reflect the Long Term Plan 2015-25, be adopted. |
21. Governance Committee - 5 November 2015
Document number M1580, agenda pages 157 - 163 refer.
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Resolved CL/2015/156 THAT the unconfirmed minutes of a meeting of the Governance Committee, held on 5 November 2015, be received. |
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21.1 Review of Nelson City Council’s Policy for Appointing Directors/Trustees of Council Controlled Organisations and Council Controlled Trading Organisations |
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Resolved CL/2015/157 THAT the reviewed and amended Nelson City Council Policy for the Appointment of Directors/Trustees of Council Controlled Organisations and Council Controlled Trading Organisations (A284857) be adopted. |
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21.2 Service Level Reviews: Process, Criteria, Resourcing |
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Resolved CL/2015/158 THAT approval is given for the proposed approach (as detailed in R5014) to review all applicable services in order to comply with the requirements of Section 17A of the Local Government Act 2002; AND THAT a quarterly report back on the progress of the review be prepared for the Governance Committee. |
21.3 Draft Asset Disposal Policy
Item from Audit, Risk and Finance Subcommittee meeting - 14/10/2015
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Resolved CL/2015/159 THAT the Draft Asset Disposal Policy (A1412442) with amendments be approved; AND THAT the Delegations Manual is updated to reflect the delegations in the Asset Disposal Policy. |
21.4 Draft Risk Management Framework
Item from Audit, Risk and Finance Subcommittee meeting - 14/10/2015
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Resolved CL/2015/160 THAT the Draft Risk Management Framework (A1431591) with amendments be approved. |
21.5 Corporate Report to 31 August 2015
Item from Audit, Risk and Finance Subcommittee meeting - 14/10/2015
In response to a question, Chief Executive, Clare Hadley, confirmed that the upgrade of the Civic House verandah included the verandah on the front of the States Advances Building.
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Resolved CL/2015/161 THAT $350,000 for the upgrade of the Civic House verandah be deferred until 2017/18; AND THAT $200,000 for the upgrade of the Hunter Furniture roof be deferred until 2016/17. |
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1 A1460493 - Memo Clarification around future work on the Civic House Verandah |
22. Chief Executive Employment Committee - 10 November 2015
Document number M1586, agenda pages 164 - 168 refer.
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Resolved CL/2015/162 THAT the unconfirmed minutes of a meeting of the Chief Executive Employment Committee, held on 10 November 2015, be received. |
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Resolved CL/2015/163 THAT the public be excluded from the following parts of the proceedings of this meeting.
The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows: |
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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 - 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). · 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)(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)(j) To prevent the disclosure or use of official information for improper gain or improper advantage. |
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2 |
Extraordinary Council Meeting - Public Excluded Minutes - 5 November 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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3 |
Request for Leave of Absence
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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 |
Status Report - Council - 19 November 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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5 |
Nelson Events Fund application
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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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6 |
Appointment of Board Members to Economic Development Services Council Controlled Organisation
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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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7 |
Planning and Regulatory Committee Meeting - Public Excluded Minutes - 29 October 2015 These minutes contain a recommendation regarding an amendment to the Agreement for the Appointment of Harbourmaster for the Nelson Region |
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). |
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8 |
Joint Committee Meeting - Public Excluded - 3 November 2015 These minutes do not contain a recommendation 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)(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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9 |
Community Services Committee Meeting - Public Excluded Minutes - 3 November 2015 These minutes contain a recommendation regarding community leases |
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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10 |
Governance Committee Meeting - Public Excluded Minutes - 5 November 2015 These minutes contain recommendations regarding: Nelmac Statement of Expectation 2016/17 Bishop Suter Trust Statement of Expectation 2016/17 Strategic Stoke 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)(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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11 |
Chief Executive Employment Committee Meeting - Public Excluded Minutes - 10 November 2015 These minutes contain recommendations regarding: Chief Executive Performance Assessment 2014/15 Chief Executive Remuneration Review 2014/15 |
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)(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. |
The meeting went into public excluded session at 11.42am and resumed in public session at 1.41pm.
10. Re-admittance of the Public
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Resolved CL/2015/164 THAT the public be re-admitted to the meeting. |
There being no further business the meeting ended at 1.41pm.
Confirmed as a correct record of proceedings:
Chairperson
Date