AGENDA
Ordinary meeting of the
Nelson City Council
Thursday 5 May 2016
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
5 May 2016
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 Allan Kneale - Nelson District Council, NZ Automobile Association Incorporated
Allan Kneale, Chairman of Nelson District Council, NZ Automobile Association Inc, will present the member’s survey results in respect of the feedback sought by NZTA on the Nelson Southern Link Investigation.
4.2 Helen Watson - Chair of Nelson Intermediate and Victory Primary School Boards
Helen Watson, Chair of Nelson Intermediate and Victory Primary School Boards, will speak about the Southern Link and air quality issues.
4.3 Lindsay Wood
Lindsay Wood will speak on the importance of Council reaching a transparent and well informed position on the Southern Link and associated issues.
4.4 Kindra Douglas (on behalf of Dr John Moore) - Victory Community Centre
Kindra Douglas, will speak on behalf of Dr John Moore (Chairman Victory Community Centre), about the impacts of the SH6 review on the Victory area including NCC policies and process plus air quality issues.
4.5 Peter Olorenshaw - Nelsust Inc
Peter Olorenshaw, Convenor of Nelsust Inc, will speak about why the Council should submit to the New Zealand Transport Agency on the Southern Link.
4.6 Dot Kettle - Chamber of Commerce
Dot Kettle, Chief Executive of the Chamber of Commerce, will speak about the Southern Link.
4.7 John Gilbertson - Tahuna Business Association
John Gilbertson, of the Tahuna Business Association, will speak about the Southern Link.
4.8 Craig Dennis - Progress Nelson Tasman
Craig Dennis, of Progress Nelson Tasman, will speak about the Southern Link.
4.9 Bob Hancock - Nelson Grey Power Inc
Bob Hancock, of Nelson Grey Power Inc, will speak about the Southern Link.
Document number M1789
Recommendation
THAT the minutes of the meeting of the Council, held on 24 March 2016, be confirmed as a true and correct record.
5.2 Extraordinary Meeting - 14 April 2016 38 - 46
Document number M1829
Recommendation
THAT the minutes of the extraordinary meeting of the Council, held on 14 April 2016, be confirmed as a true and correct record.
6. Status Report - Council - 5 May 2016 47 - 57
Document number R5848
Recommendation
THAT the Status Report Council 5 May 2016 (R5848) and its attachment (A1168168) be received.
Document number R5686
Recommendation
THAT the Mayor's Report (R5686) and its attachments (A1511415 and A1542057) be received;
AND THAT it be noted that Councillor Acland has resigned from his position as Trustee of the Youth and Community Facilities Trust;
AND THAT Council support the remit application as set out in Attachment 2 (A1542057) and the Mayor commence the process to obtain the support of at least four other councils for the remit application;
AND THAT upon obtaining support from at least four other councils the remit application is submitted to LGNZ by 13 June 2016.
8. Crematorium Delivery Review - Update 66 - 67
Document number R5815
Recommendation
THAT the report Crematorium Delivery Review - Update (R5815) be received.
9. Nelson Southern Link Investigation - Feedback Submission 68 - 72
Document number R5805
Recommendation
THAT the report Nelson Southern Link Investigation - Feedback Submission (R5805) be received;
AND THAT no feedback on the Nelson Southern Link Investigation - Programme Business Case approaches be provided to the New Zealand Transport Agency.
10. Insurance renewal 2016/17 - infrastructure assets 73 - 78
Document number R5804
Recommendation
THAT the report Insurance renewal 2016/17 - infrastructure assets (R5804) and its attachments (R5649) be received;
AND THAT the Chief Executive, Her Worship the Mayor and the Chairperson of the Governance Committee be delegated authority to decide by 18 May 2016 whether Nelson City Council should exit from the Local Authority Protection Program for Council’s infrastructure insurance and the appropriate level of insurance cover, and take any action required to give effect to the decision.
11. Elected Members' Remuneration 2016/17 79 - 127
Document number R5826
Recommendation
THAT the report Elected Members' Remuneration 2016/17 (R5826) and its attachments (A1470764, A1522819 and A152257) be received;
AND THAT Council approves Option 6, as outlined in R5826, as the basis for the allocation of the additional remuneration for councillors to apply from 1 July 2016, to be submitted to the Remuneration Authority for approval.
12. Regional Pest Management Plan 128 - 136
Document number R5715
Recommendation
THAT the report Regional Pest Management Plan (R5715) and its attachments (A1535666 and A1535354) be received;
AND THAT the Council establishes, with Tasman District Council, a Regional Pest Management Committee;
AND THAT the Council appoints Councillors __________, _________, and _______ to the Regional Pest Management Committee;
AND THAT the delegations for the Regional Pest Management Committee (A1535354) are adopted;
AND THAT the Regional Pest Management Committee continue beyond the 2016 local body elections.
13. Hearings Panel - Temporary Road Closure - 7 April 2016 137 - 138
Document number R5814
THAT the minutes of a meeting of the Hearing Panel - Other, held on 7 April 2016, be received.
14. Joint Committee - 29 March 2016 139 - 143
Document number M1794
Recommendation
THAT the unconfirmed minutes of a meeting of the Joint Committee, held on 29 March 2016, be received.
15. Works and Infrastructure Committee - 31 March 2016 144 - 152
Document number M1798
Recommendation
THAT the unconfirmed minutes of a meeting of the Works and Infrastructure Committee, held on 31 March 2016, be received.
16. Community Services Committee - 14 April 2016 153 - 159
Document number M1830
Recommendation
THAT the unconfirmed minutes of a meeting of the Community Services Committee, held on 14 April 2016, be received.
17. Joint Shareholders Committee - 15 April 2016 160 - 164
Document number M1835
Recommendation
THAT the unconfirmed minutes of a meeting of the Joint Shareholders Committee, held on 15 April 2016, be received.
18. Civil Defence Emergency Management Group - 15 April 2016 165 - 166
Document number M1838
Recommendation
THAT the unconfirmed minutes of a meeting of the Civil Defence Emergency Management Group, held on 15 April 2016, be received.
19. Governance Committee - 21 April 2016 167 - 178
Document number M1845
Recommendation
THAT the unconfirmed minutes of a meeting of the Governance Committee, held on 21 April 2016, be received.
19.1 The Bishop Suter Trust draft Statement of Intent 2016/17 and Half Yearly Report
Recommendation to Council
THAT the Bishop Suter Trust Statement of Intent 2016/17 (A1512571) meets Council’s expectations and is approved as the final Statement of Intent for 2016/17;
AND THAT a one off grant of $20,000 be allocated to the Suter to allow free entry for the 2016/17 year;
AND THAT the Trust report back to Council as part of its preparation of the 2017/18 draft Statement of Intent on the positive and negative impacts of free entry.
19.2 Draft Health and Safety Management System Strategic Plan
Recommendation to Council
THAT the amended Draft Health and Safety Management System Strategic Plan (A1398549) be approved.
Please noted: The amended Draft Health and Safety Mangement System Strategic Plan can be found on the Google Drive for Councillors, and a copy is available on request to an Administration Advisor.
19.3 Corporate Report to 31 January 2016
Item from Audit, Risk and Finance Subcommittee meeting - 31/03/2016
Recommendation to Council
THAT the unspent 2015/16 Community Investment Fund operational budget of $21,300 be carried forward to the 2016/17 financial year, bringing the total budget for 2016/17 for the Community Investment Fund to $327,000.
19.4 Extension of loan facility to the Melrose Society
Item from Audit, Risk and Finance Subcommittee meeting - 31/03/2016
Recommendation to Council
THAT the $15,000 funding allocated towards asbestos remediation in Melrose House in 2016/17 be brought forward to 2015/16 and be used to grant fund the Melrose Society for the purpose of toilet refurbishment;
AND THAT an additional unbudgeted grant of up to $42,000 is provided to the Melrose Society for the purpose of toilet renovations in the 2015/16 financial year;
AND THAT the Melrose Society be informed that no further grants will be made by Council to the Melrose Society for the toilet refurbishment and chiller installation project.
20. Planning and Regulatory Committee - 21 April 2016 179 - 185
Document number M1843
Recommendation
THAT the unconfirmed minutes of a meeting of the Planning and Regulatory Committee, held on 21 April 2016, be received.
20.1 Parking and Vehicle Control Bylaw (2011), No 207 Amendment to Bylaw
Recommendation to Council
THAT the addition of Clause 22.2 of Bylaw 207 Parking and Vehicle Control to enable the recovery of costs for moving or removing an unauthorised vehicle parked in the licensed area for the operation of the Market between 3.00am and 2.30pm on Saturdays and Sundays be approved;
AND THAT the alteration to Schedules 5 and 9 of Bylaw 207 Parking and Vehicle Control to prohibit public parking in Montgomery Square for the operation of the Market 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) |
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1 |
Council Meeting - Public Excluded Minutes - 24 March 2016 |
Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7. |
The withholding of the information is necessary: · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person. · 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 |
Public Excluded Status Report - Council - 5 May
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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 |
Nelson Regional Development Agency - Appointment of Board
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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 |
|
4 |
Joint Committee Meeting - Public Excluded Minutes - 29 March 2016 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)(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.
|
|
5 |
Works and Infrastructure Committee Meeting - Public Excluded Minutes - 31 March 2016 These minutes contain a recommendation to Council regarding Toi Toi Grove Transport Connection. |
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). |
|
6 |
Community Services Committee Meeting - Public Excluded Minutes - 14 April 2016 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. |
|
7 |
Joint Shareholders Committee Meeting - Public Excluded Minutes - 15 April 2016 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)(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 |
Governance Committee Meeting - Public Excluded Minutes - 21 April 2016 These minutes contain recommendations to Council regarding · Nelmac Ltd half yearly report and draft Statement of Intent · Forestry |
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). |
22. 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.
· Youth Councillors Fynn Sawyer and Alana James will be in attendance at this meeting.
Minutes of a meeting of the Nelson City Council
Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson
On Thursday 24 March 2016, commencing at 9.06am
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 Infrastructure (A Louverdis), Group Manager Community Services (C Ward), Group Manager Corporate Services (N Harrison), Senior Strategic Adviser (N McDonald), Manager Communications and Acting Manager Libraries and Heritage Facilities (P Shattock), Manager Administration (P Langley), and Administration Adviser (E-J Ruthven)
Opening Prayer
Councillor Matheson gave the opening prayer.
1. Apologies
There were no apologies.
It was noted that Councillors Acland, Matheson, Fulton, Copeland, Davy and Her Worship the Mayor would be absent for parts of the meeting.
2. Confirmation of Order of Business
Her Worship the Mayor advised that members of the Nelson Youth Council would join Councillors for morning tea, and noted that there were two additional public forum presentations.
There were no further changes to the order of business.
3. Interests
Councillors were reminded to declare any interests as they arose over the course of the meeting.
4. Public Forum
4.1 Bob Bickerton, Manager, Adam Chamber Music Festival
Bob Bickerton, Manager of the Adam Chamber Music Festival, spoke about the Festival’s submission to Council, and gave a Power Point presentation (A1526294).
Mr Bickerton said that the Festival hosted a large number of visitors from outside the region, including a substantial proportion of international visitors, and spoke about the positive economic benefits for the region. He added that an opportunity existed for a radio programme to be produced regarding the Festival, which he said would promote the Festival in the United States, and potentially Europe.
In response to questions, he said that sponsorship was forecast to be at least the same level as the previous Festival, and confirmed that the Festival planned to remain in the Nelson region.
In response to further questions, he outlined how the Festival was marketed internationally, particularly through targeted advertising in magazines and chamber music festival programmes. He said that the Festival had capacity to grow in terms of the number and type of events held, but that there were no plans to lengthen the Festival. He outlined the numbers attending the Festival, and the origin of visitors from outside of the region.
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Attachments 1 A1526294 - Public Forum - Adam Chamber Music Festival - Power Point |
4.2 Stuart Walker, Nelson Residents’ Association
Stuart Walker, on behalf of the Nelson Residents’ Association, outlined concerns regarding the level of consultation that had taken place with regards to the proposed combined sports and community facility for Stoke and its location. He tabled a copy of this presentation (A1523894).
Attendance: Councillor Copeland left the meeting at 9.29am
In response to questions, Mr Walker said he was aware the Stoke sports and community facility had been subject to consultation through the Long Term Plan 2015-2025, but that he had not become aware of the details of the proposal until he had attended community meetings on the matter.
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Attachments 1 A1523894 - Public Forum - Nelson Residents' Association - Presentation |
4.3 Steve Cross
Steve Cross spoke about the crematorium review, the proposed Stoke sports and community facility, and the late item presented to Council on 3 March 2016.
Attendance: Councillor Copeland returned to the meeting at 9.39am
With regards to the crematorium review, Mr Cross noted his concerns that the Council website had called for public feedback, but there was insufficient time for feedback to have been considered prior to this Council meeting.
With regards to the proposed Stoke sport and community facility, Mr Cross suggested that the project be delayed so that the business case process could be followed. He said that such a process could consider the issues that had arisen out of the resource consent process, including the limit on users on Saturdays. He added that a management plan should also be completed, to be able to understand the operating costs for the venue.
With regards to the late item presented to the Council meeting on 3 March, Mr Cross stated his concern that legislation had not been followed and that the late item was not legitimate. He said that legislation required that a reason be provided as to why the item could not be delayed until a subsequent meeting, and that in this case, it had been stated at the meeting that the item could have been deferred to another meeting.
5. Confirmation of Minutes
5.1 17 December 2015
Document number M1650, agenda pages 19 - 40 refer.
It was noted that, under item 5, the reference to the Regional Transport Committee meeting on 6 October 2015 should be amended to 16 October 2015.
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Resolved CL/2016/014 THAT the amended minutes of the meeting of the Council, held on 17 December 2015, be confirmed as a true and correct record. Matheson/Barker Carried |
5.2 24 December 2015 - Extraordinary Meeting
Document number M1668, agenda pages 41 - 43 refer.
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Resolved CL/2016/015 THAT the minutes of the extraordinary meeting of the Council, held on 24 December 2015, be confirmed as a true and correct record. Her Worship the Mayor/McGurk Carried |
5.3 18 February 2016
Document number M1710, agenda pages 44 - 46 refer.
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Resolved CL/2016/016 THAT the minutes of the meeting of the Council, held on 18 February 2016, be confirmed as a true and correct record. Matheson/Skinner Carried |
5.4 3 March 2016
Document number M1743, agenda pages 47 - 59 refer.
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Resolved CL/2016/017 THAT the minutes of the meeting of the Council, held on 3 March 2016, be confirmed as a true and correct record. Rainey/McGurk Carried |
6. Status Report - Council - 24 March 2016
Document number R5646, agenda pages 60 - 71 refer.
The Chief Executive, Clare Hadley, provided an update with regards to the ‘Cycling’ item on the Status Report. She said that clauses one, three and four were complete, but that clauses two and five were ongoing.
In response to questions, updates were provided for the items relating to the Adoption of the Brook Recreation Reserve Management Plan and Special Housing Areas.
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Resolved CL/2016/018 THAT the Status Report Council 24 March 2016 (R5646) and its attachment (A1168168) be received. Her Worship the Mayor/Noonan Carried |
7. Mayor's Report
Document number R5614, agenda pages 72 - 76 refer.
Her Worship the Mayor spoke about an additional item relating to aviation-related developments for Nelson. She noted increases in direct flights from China to Christchurch, leading to greater partnership between Christchurch and Nelson Airports and increased opportunities for tourism, and said that Air New Zealand had started undertaking maintenance for Air Calédonie at Nelson Airport. She added that Air New Zealand had partnered with Nelson Marlborough Institute of Technology to train aircraft engineers in Nelson.
She acknowledged the Chief Executive and business leaders in pursuing new economic development opportunities in the region.
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Resolved CL/2016/019 THAT the Mayor's Report (R5614) and its attachments (A1511415 and A1511419) be received. Her Worship the Mayor/Barker Carried |
8. Modellers' Pond - Design Details and Estimates
Document number R5194, agenda pages 77 - 85 refer.
Capital Projects Contractor, Richard Kirby, and Major Projects Engineer, Darryl Olverson, presented the report. Mr Kirby clarified that the option to return to an estuarine environment would likely include creating a wetland as part of the management or relocation of stormwater.
In response to questions regarding budget, Mr Kirby explained officer advice regarding on-going maintenance costs for the pond, and said that a budget of $45,000 per year would be required as part of the ‘modify pond’ option. He outlined the range of costs and Net Present Value in relation to the options contained in the report.
Attendance: Councillor Acland left the meeting at 10.04am.
In response to questions regarding stormwater, Mr Kirby explained the alterations that would be required as part of the ‘modify pond’ option. He said there was little evidence to suggest that the stormwater outlet into the pond impacted on water quality and the formation of algae. He added that Iwi had indicated a preference for stormwater to be routed through a wetland system.
In response to questions regarding contaminated materials, Mr Kirby clarified that the costs for removing contaminated material were greater in the ‘return to estuarine environment’ option, as this option would require complete removal of the material, whereas the ‘modify pond’ option allowed for much of the material to be capped by concrete.
There was a discussion regarding the proposed contributions from the Nelson Society of Modellers. In response to questions, Mr Kirby explained his understanding that several parties wished to make large contributions or donate in-kind services, but required certainty from Council that their investment would be protected before committing to the project.
There was a discussion regarding timing of the final Council decision regarding the ‘modify pond’ option. Several councillors expressed a preference that, should the Nelson Society of Modellers be able to raise sufficient funds for the ‘modify pond’ option, the final decision to proceed with this option should be made prior to the end of the Council triennium. Other councillors expressed a view that the incoming Council would be bound in any case by the decisions made by previous Councils.
Councillor Matheson, seconded by Councillor Ward, moved the recommendation in the report.
Councillor Lawrey, seconded by Councillor Rainey, moved an amendment to replace the reference to November 2016 in the fourth clause with September 2016.
There was a discussion regarding whether it would be possible for the Nelson Society of Modellers to raise sufficient funds within a shorter time period, and a variety of views were expressed. During discussion, it was emphasised that, while the Nelson Society of Modellers would be undertaking the fund-raising exercise, the Modellers’ Pond was a community asset, and that fund-raising would be on behalf of the whole community.
Attendance: The meeting adjourned for morning tea from 10.45am, until 11.04am during which time members of the Nelson Youth Council joined councillors for morning tea.
In response to a question, Senior Strategic Advisor, Nicky McDonald, advised that, subject to sufficient funding being raised, the ‘modify pond’ option would be included in the draft Annual Plan 2017/18, but the project would not be considered an exception to the Long Term Plan, and as such, there was no expectation that consultation on the project would be required.
It was further noted that, should the amendment proceed, the seventh clause of the recommendation would also require amending to read September 2016, rather than November 2016, and with the agreement of the meeting, the amendment was altered to reflect this.
The amendment was put and carried, and became the substantive motion.
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Resolved CL/2016/020 THAT the report Modellers' Pond - Design Details and Estimates (R5194) and its attachment (A1518929) be received; AND THAT Council confirm the Modify Pond option as its preferred option subject to the Nelson Society of Modellers raising all additional funding; AND THAT Council accepts that this decision underpins its commitment to provide the Nelson Society of Modellers certainty surrounding their future fund raising campaign; AND THAT The Nelson Society of Modellers be afforded the opportunity to finalise and confirm additional funding for the balance over and above the $600,000 committed by Council no later than the end of September 2016; AND THAT if the funding is confirmed that the option to modify the pond be included in the 2017/18 Annual Plan; AND THAT Council note and accept that this preferred option will require ongoing operational maintenance funding of $45,000/year in subsequent years; AND THAT Council confirm that should the additional funding not be raised by the Nelson Society of Modellers by the end of September 2016, that it be agreed that the option to convert the pond back to estuarine environment at an estimated cost of $690,000 be its second option and included in the 2017/18 Annual Plan; AND THAT in the interim and until such time as any decision is made to upgrade the Modellers Pond that it be noted that existing maintenance of the pond will continue. Matheson/Ward Carried |
9. Alterations to delegations for effective delivery of capital projects
Document number R5631, agenda pages 86 - 91 refer.
Attendance: Councillors Lawrey and Matheson left the meeting at 11.18am, and Councillor Matheson returned to the meeting at 11.19am.
Manager Capital Projects, Shane Davies, presented the report.
Attendance: Councillor Lawrey returned to the meeting at 11.21am.
It was noted that the Local Government Act 2002 governed any subsequent construction works on private land. Councillor Barker, seconded by Councillor Fulton moved the officer recommendation including a reference to the Local Government Act 2002 in the second clause.
There was a further discussion regarding the proposed alteration to the Procurement Policy. In response to a question, the Chief Executive, Clare Hadley, clarified that the proposed change was to allow efficient evaluation of tender processes where the project budget was already included within the Long Term Plan, but where the project was not otherwise included, a Council decision would be required.
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Resolved CL/2016/021 THAT the report Alterations to delegations for effective delivery of capital projects (R5631) and its attachments (A1515909 and A1519796) be received; AND THAT Council delegate powers to the Chief Executive under the Public Works Act 1981, section 111, noting that any subsequent construction works on private land falls under the Local Government Act 2002 and Council officers must obtain written consent from the land owner; AND THAT Council approve a change to the Procurement Policy to allow the Chief Executive to accept tenders for capital projects of more than $1million, when they fit within LTP budgets, and then retrospectively advise to Council, to reduce project down-time. Barker/Fulton Carried |
10. Administrative Matters
Document number R5324, agenda pages 92 - 109 refer.
In response to a question, the Chief Executive, Clare Hadley, outlined the agreement relating to the placement of the meteorological station on The Broads.
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Resolved CL/2016/022 THAT the report Administrative Matters (R5324) and its attachments (A1515586, A1103850, A1508267, A1508221, A1474067, and A1495677) be received; AND THAT the Schedule of Documents Sealed (A1474067) 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; AND THAT Schedule One – Members of Committees in the Delegations Register (A1495677) be amended to reflect the change in membership to the Regional Transport Committee; AND THAT the Hearings Panel – Other, Temporary Road Closures continues until the end of the triennium. Her Worship the Mayor/Barker Carried |
11. Hearings Panel - Other Minutes 1 April 2015
Document number A1339204, agenda pages 110 - 116 refer.
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Resolved CL/2016/023 THAT the minutes of a meeting of the Hearings Panel - Other, held on 1 April 2015, be received. Barker/McGurk Carried |
12. Hearings Panel - Other Minutes 28 May 2015
Document number A1363785, agenda pages 117 - 122 refer.
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Resolved CL/2016/024 THAT the minutes of a meeting of the Hearings Panel - Other, held on 28 May 2015, be received. Barker/McGurk Carried |
13. Hearings Panel - Other Minutes 29 July 2015
Document number A1395146, agenda pages 123 - 127 refer.
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Resolved CL/2016/025 THAT the minutes of a meeting of the Hearings Panel - Other, held on 29 July 2015, be received. Barker/McGurk Carried |
14. Hearings Panel - Other Minutes 21 September 2015
Document number A1424772, agenda pages 128 - 133 refer.
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Resolved CL/2016/026 THAT the minutes of a meeting of the Hearings Panel - Other, held on 21 September 2015, be received. McGurk/Barker Carried |
15. Hearings Panel - Other Minutes 20 November 2015
Document number A1463859, agenda pages 134 - 142 refer.
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Resolved CL/2016/027 THAT the minutes of a meeting of the Hearings Panel - Other, held on 20 November 2015, be received. Barker/Skinner Carried |
16. Hearings Panel - Other Minutes 17 December 2015
Document number A1477292, agenda page 143 refers.
Attendance: Councillor Matheson left the meeting at 11.32am.
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Resolved CL/2016/028 THAT the minutes of a meeting of the Hearings Panel - Other, held on 17 December 2015, be received. McGurk/Matheson Carried |
17. Hearings Panel - Other Minutes 4 February 2016
Document number A1498284, agenda pages 144 - 145 refer.
Attendance: Councillors Acland and Matheson returned to the meeting at 11.34am.
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Resolved CL/2016/029 THAT the minutes of the meetings of the Hearings Panel – Other – Temporary Road Closures, held on 4 February 2016, be received. Barker/Skinner Carried |
18. Hearings Panel - Other Minutes 4 February 2016
Document number A1498908, agenda pages 146 - 152 refer.
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Resolved CL/2016/030 THAT the minutes of the meetings of the Hearings Panel - Other, held on 4 February 2016, be received. Barker/Skinner Carried |
Reports From Committees
19. Nelson Regional Sewerage Business Unit - 18 September 2015
Document number M1481, agenda pages 153 - 156 refer.
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Resolved CL/2016/031 THAT the confirmed minutes of a meeting of the Nelson Regional Sewerage Business Unit, held on 18 September 2015, be received. Ward/Davy Carried |
18. Nelson Regional Sewerage Business Unit - 11 December 2015
Document number M1643, agenda pages 157 - 162 refer.
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Resolved CL/2016/032 THAT the confirmed minutes of a meeting of the Nelson Regional Sewerage Business Unit, held on 11 December 2015, be received. Copeland/Fulton Carried |
19. Extraordinary Governance Committee - 24 December 2015
Document number M1670, agenda pages 163 - 165 refer.
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Resolved CL/2016/033 THAT the confirmed minutes of an extraordinary meeting of the Governance Committee, held on 24 December 2015, be received. Barker/Noonan Carried |
20. Planning and Regulatory Committee - 18 February 2016
Document number M1711, agenda pages 166 - 176 refer.
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Resolved CL/2016/034 THAT the unconfirmed minutes of a meeting of the Planning and Regulatory Committee, held on 18 February 2016, be received. McGurk/Fulton Carried |
20.1 Fees and Charges: Resource Consents, Resource Management Act Planning Documents and Applications under Housing Accord and Special Housing Areas Act
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Resolved CL/2016/035 THAT the draft Fees and Charges Resource Consents and Resource Management Act Planning Documents (A1483163 and A1483172) be approved for public consultation and notification using the Special Consultative Procedure as set out in the Local Government Act 2002. McGurk/Fulton Carried |
20.2 Fees and Charges Consents and Compliance (non RMA) commencing 1 July 2016
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Resolved CL/2016/036 THAT the Dog Control fees and charges as detailed in Attachment 1 (A1483521) to Report R5319 be adopted; AND THAT the Environmental Health and other activities fees and charges as detailed in Attachment 2 (A1483604) to Report R5319 be adopted;
AND THAT the Draft Food Act 2014 fees and charges as detailed in Attachment 3 (A1488034) to Report R5319 be approved for public consultation and notification using the Special Consultative Procedure as set out in the Local Government Act 2002; AND THAT the circumstances to reduce alcohol licensing fees as detailed in Attachment 4 (A1488085) to Report R5319 be adopted to apply from the date of Council resolution; AND THAT Provision of Property Information fees and charges as detailed in Attachment 5 to Report R5319 (A1483610) be adopted; AND THAT the Draft Fencing of Swimming Pools Act 1987 fees and charges as detailed in Attachment 6 (A1498999) to Report R5319 be approved for public consultation and notification using the Special Consultative Procedure as set out in the Local Government Act 2002; AND THAT the charges for Dog Control Environmental Health and Provision of Property Information activities apply from 1 July 2016 until such time as they are varied or amended by Council; AND THAT the Dog Control charges be publicly advertised in accordance with Section 37(6) of the Dog Control Act 1996. McGurk/Fulton Carried |
20.3 Strategy and Environment Report for 1 October to 31 December 2015
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Resolved CL/2016/037 THAT Council note the notification of the Whakamahere Whakatu Nelson Plan is planned for early 2017 subject to confirming the timing of the consultation period for the Annual Plan. McGurk/Fulton Carried |
20.4 Gambling Policy Review 2016
Attendance: Councillor Matheson left the meeting at 11.40am.
In response to a question, Senior Strategic Advisor, Nicky McDonald, said the policy provision regarding the location of gambling machines in relation to ATM machines had worked to limit the number of gambling machines in Nelson. She added that extensive consultation had been undertaken prior to the report coming to the Planning and Regulatory Committee, and officers had been assured that the policy was working well.
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Resolved CL/2016/038 THAT Council, acknowledging community feedback that the current Gambling Policy is functioning as intended and noting the resource cost a Local Government Act 2002 Special Consultative Procedure to review the Gambling Policy imposes on all involved, agrees to retain the current Policy without change. McGurk/Barker Carried |
Attendance: Councillor Matheson returned to the meeting at 11.42am, and left the meeting at 11.43am.
21. Chief Executive Employment Committee - 22 February 2016
Document number M1717, agenda pages 177 - 180 refer.
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Resolved CL/2016/039 THAT the unconfirmed minutes of a meeting of the Chief Executive Employment Committee, held on 22 February 2016, be received. Her Worship the Mayor/Acland Carried |
22. Works and Infrastructure Committee - 25 February 2016
Document number M1725, agenda pages 181 - 188 refer.
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Resolved CL/2016/040 THAT the unconfirmed minutes of a meeting of the Works and Infrastructure Committee, held on 25 February 2016, be received. Davy/Skinner Carried |
22.1 Days Track Resolution
Manager Capital Projects, Shane Davies, Team Leader Engineer, David Light, and Senior Asset Engineer – Utilities, Phil Ruffell, joined the table.
In response to a question, Mr Davies noted that the final design of the work for Days Track could consider options to enable cycles to be wheeled uphill.
In response to questions, Mr Light outlined stormwater and wastewater works planned for the Days Track area, however he noted the on-going presence of the Tahunanui slump and explained that stormwater and wastewater control could not resolve this issue.
Mr Davies added that, while the stormwater work would improve the current stormwater situation, a rainfall event of the magnitude of the December 2011 event would still exceed the capacity of any further stormwater works in this area.
In response to further questions, Mr Ruffell explained the overall programme of stormwater and wastewater works for the Tahunanui hillside area. He said that successive Annual Plans and Long Term Plans would consider projects in these areas.
Attendance: Councillor Ward left the meeting at 11.51am.
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Resolved CL/2016/041 THAT remediation of Days Track with a gravel track at an estimated cost of $430,000 be approved, noting this will require additional funding of $265,000 to be included in the Annual Plan 2016/17. Davy/Lawrey Carried |
It was agreed that the meeting would consider item 19, Extraordinary Governance Committee – 3 March 2016 prior to item 18, Community Services Committee – 1 March 2016.
Attendance: Councillor Ward returned to the meeting at 11.58am, Councillor Lawrey left the meeting from 11.58am to 12.00pm, and Councillor Rainey left the meeting at 11.59am.
23. Extraordinary Governance Committee - 3 March 2016
Document number M1747, agenda pages 197 - 204 refer.
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Resolved CL/2016/042 THAT the unconfirmed minutes of an extraordinary meeting of the Governance Committee, held on 3 March 2016, be received. Barker/Noonan Carried |
23.1 Audit, Risk and Finance Subcommittee Terms of Reference and Delegations Update
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Resolved CL/2016/043 THAT the Audit Risk and Finance Subcommittee draft Terms of Reference (A1437349) be adopted; AND THAT the Delegations Register be updated as illustrated in (A1507355) to: - include a reference to the Audit, Risk and Finance Subcommittee Terms of Reference; - remove Health and Safety from the Audit, Risk and Finance Subcommittee’s area of responsibility. Barker/Acland Carried |
23.2 Internal Audit Plan and Procedure
Item from Audit, Risk and Finance Subcommittee meeting - 12/11/2015
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Resolved CL/2016/044 THAT the Internal Audit Plan to 30 June 2016 (A1452073) be approved, with the amendment: · Under the heading ‘Extension for Action Plans’, insert the words “or organisational risk” after the words “no safety-related issues”. Barker/Acland Carried |
23.3 Liability Management Policy amendment
Item from Audit, Risk and Finance Subcommittee meeting - 12/11/2015
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Resolved CL/2016/045 THAT the amended Liability Management Policy (A1450461) be adopted. Barker/Acland Carried |
23.4 Corporate Report to 31 December 2015
Item from Audit, Risk and Finance Subcommittee meeting - 18/02/2016
A suggestion was made that a cross-Council discussion was required regarding land-use and transport, to ensure a robust traffic network, especially in light of increased demand for sub-divisions in various areas of the city.
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Resolved CL/2016/046 THAT Council resolves to fund the additional expenditure for Tasman Street from the following activities; Roading subsidised budgets ($119,000), Roading unsubsidised budgets ($117,000) and Stormwater budgets ($92,000), a total of $328,000, from operational and capital expenditure budgets as appropriate, noting that any individual project underspends which cover this overspend will be reported by 30 June 2016; AND THAT funding of $100,000 for the Stoke Foothills Traffic Study be deferred from 2015/16 to 2016/17; AND THAT funding of $100,000 for the Atawhai Hills Traffic Study be brought forward from 2016/17 to 2015/16. Barker/Acland Carried |
Attendance: Councillor Copeland left the meeting at 12.08pm, and Councillor Rainey returned to the meeting at 12.08pm.
23.5 Letter to the Council on the audit for the year ending 30 June 2015
Item from Audit, Risk and Finance Subcommittee meeting - 18/02/2016
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Resolved CL/2016/047 THAT Council notes Audit NZ’s comments (A1499499) and how officers intend to address the issues raised. Barker/Noonan Carried |
23.6 Internal Audit Report to 31 December 2015
Item from Audit, Risk and Finance Subcommittee meeting - 18/02/2016
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Resolved CL/2016/048 THAT Council note the internal audit findings, recommendations and status of action plans up to 31 December 2015 (R5452). Barker/Acland Carried |
24. Community Services Committee - 1 March 2016
Document number M1737, agenda pages 189 - 196 refer.
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Resolved CL/2016/049 THAT the unconfirmed minutes of a meeting of the Community Services Committee, held on 1 March 2016, be received. Rainey/Noonan Carried |
Attendance: Councillor Copeland returned to the meeting at 12.09pm.
24.1 Crematorium Delivery Review
A redacted copy of the officer report presented to the public excluded part of the Community Services meeting of 1 March 2016 was tabled (A1521604).
Attendance: Councillor McGurk left the meeting at 12.15pm.
There was a discussion regarding public feedback sought on this matter following the Community Services Meeting of 1 March 2016. In response to a question, the Chief Executive, Clare Hadley, explained that consultation had already been completed through the Long Term Plan 2015-2025, but that public feedback had been sought following the Community Services Meeting of 1 March 2016.
She said that feedback had been received from interested parties, including funeral directors, veterinarians, and members of the public. She outlined the topics that the feedback covered. It was noted that no feedback had been received in relation to renewal of the main cremator.
Attendance: Councillor McGurk returned to the meeting at 12.17pm.
There was a discussion regarding whether the matter should be left to lie on the table, to allow an opportunity for the feedback to be considered. In response to a question, Group Manager Infrastructure, Alec Louverdis, explained that the main cremator was in urgent need of renewal, and that re-lining was required in the near future.
In response to further questions, Mr Louverdis explained that Council would continue to undertake pet cremations until such time that the private operator had commenced, but that it would be inefficient for Council to continue offering pet cremations following that time.
Attendance: Councillor Ward left the meeting from 12.23pm to 12.26pm.
Following discussion, it was suggested that the first two clauses of the officer recommendation continue, to allow work on the main cremator to be undertaken, but that the remaining clause be left to lie on the table.
Attendance: Councillor Acland left the meeting at 12.29pm.
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Resolved CL/2016/050 THAT it be confirmed that Council retain ownership of the crematorium and keep it operating; AND THAT approval be given to renew the main cremator as set out in the Long Term Plan 2015/25. Rainey/Noonan Carried |
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Attachments 1 A1521604- tabled document - redacted copy of report presented to public excluded part of Community Services Committee 1 March 2016 |
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Resolved CL/2016/051 THAT pursuant to Standing Order 3.12.1 the remaining four clauses of the item Crematorium Delivery Review be left to lie on the table, and not be further discussed at this meeting. Her Worship the Mayor/Fulton Carried |
18.2 Marsden Valley Cemetery - Request for Dedicated Burial Plots
Attendance: Councillor Acland returned to the meeting at 12.35pm.
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Resolved CL/2016/052 THAT within the Marsden Valley cemetery, 100 plots be allocated as Catholic burial plots and 30 plots be allocated as Muslim burial plots, as shown on the indicative map attached as Appendix 2 (A1485622). Rainey/Noonan Carried |
Attendance: The meeting adjourned for lunch from 12.36pm to 1.07pm, during which time Councillors Acland, Davy, and Lawrey left the meeting.
18.3 Nelson Marina Strategy
There was discussion regarding the proposal to increase Marina fees and charges.
Attendance: Councillor Acland returned to the meeting at 1.08pm and Councillor Lawrey returned to the meeting at 1.10pm.
In response to a question, the Chief Executive, Clare Hadley, advised that Council had previously passed a resolution stating that the marina fees would only increase by CPI until the draft Marina Strategy was prepared. She added that it was important to signal to marina users that costs needed to be met.
Attendance: Councillor Acland left the meeting at 1.16pm, and Councillor Matheson returned to the meeting at 1.17pm.
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Resolved CL/2016/053 THAT the draft Nelson Marina Strategy (A1498122) be received; AND THAT fees and charges at the Marina be increased as from 1 July 2016 as per the Consumer Price Index; AND THAT the Marina Development Levy be discontinued as from 1 July 2016; AND THAT an unbudgeted amount of $30,000 be provided in the Marina Opex Account in 2015/16 to remedy existing health and safety risks;
AND THAT the draft Nelson Marina Strategy (A1498122) be work shopped with the Marina users, other key stakeholders, and interested parties and reported back to a future Community Services Committee prior to adoption. Rainey/Fulton Carried |
25. Exclusion of the Public
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Resolved CL/2016/054 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: Her Worship the Mayor/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 |
Council Meeting - Public Excluded Minutes - 17 December 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)(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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2 |
Extraordinary Council Meeting - Public Excluded Minutes - 24 December 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. |
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3 |
Council Meeting - Public Excluded Minutes - 3 March 2016 |
Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7. |
The withholding of the information is necessary: · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person. |
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4 |
Public Excluded Status Report - Nelson City Council - 24 March 2016
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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 |
Tenancy Options for CBD Building - Update
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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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6 |
Adam Chamber Music Festival 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)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) |
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7 |
Extraordinary Governance Committee Meeting - Public Excluded Minutes - 24 December 2015 These minutes contain a recommendation to Council relating to: Tenancy option for CBD Building |
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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8 |
Chief Executive Employment Committee Meeting - Public Excluded Minutes - 22 February 2016 These minutes contain a recommendation to Council relating to: Chief Executive Performance/Remuneration Review Process and Timeline 2015-2016
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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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9 |
Works and Infrastructure Committee Meeting - Public Excluded Minutes - 25 February 2016 These minutes contain a recommendation to Council relating to: Moana Landowner Negotiations |
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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10 |
Community Services Committee Meeting - Public Excluded Minutes - 1 March 2016 These minutes contain a recommendation to Council relating to: Crematorium Delivery Review Hardstand Akersten Street – Management Options Community Leases – Omnibus Report |
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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11 |
Extraordinary Governance Committee Meeting - Public Excluded Minutes - 3 March 2016 These minutes contain a recommendation to Council relating to: Letter to the Council on the audit for year ending 30 June 2015 – Utilities Contract |
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. . |
The meeting went into public excluded session at 1.18pm and resumed in public session at 2.06pm.
26. Re-admittance of the Public
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Resolved CL/2016/055 THAT the public be re-admitted to the meeting. Matheson/Ward Carried |
There being no further business the meeting ended at 2.06pm.
Confirmed as a correct record of proceedings:
Chairperson
Date
Minutes of an extraordinary meeting of the Nelson City Council
Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson
On Thursday 14 April 2016, 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), Group Manager Infrastructure (A Louverdis), Group Manager Community Services (C Ward), Group Manager Corporate Services (N Harrison), Senior Strategic Adviser (N McDonald), Manager Communications and Acting Manager Libraries and Heritage Facilities (P Shattock), Manager Administration (P Langley), and Administration Adviser (E-J Ruthven) and Youth Councillors (D Leaper and E Edwards)
1. Apologies
There were no apologies.
2. Confirmation of Order of Business
It was noted that there were four public forum presentations.
Her Worship the Mayor advised of a late item, and noted that the following resolution needed to be passed for the item to be considered.
2.1 Nelson Regional Development Agency - Interview Panel for Recruitment of Board Members
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Resolved CL/2016/076 THAT the item regarding Nelson Regional Development Agency - Interview Panel for Recruitment of Board Members 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/Noonan Carried |
3. Interests
Councillors were reminded to declare any interests as they arose over the course of the meeting.
4. Public Forum
4.1 Kate Malcolm
Kate Malcolm tabled a document (A1532218), and explained why she felt it was important that Council put in a submission to the Nelson Southern Link Investigation public consultation.
She said that there was no need for Council to consult with the public before putting a submission in, as the New Zealand Transport Agency (NZTA) was undertaking public consultation at the moment. She added that Council had special knowledge of the issues surrounding the Nelson Southern Link Investigation, and insight into the community’s views on the issue, and should share these with NZTA, particularly on behalf of those who did not know the consultation was taking place, or who were unable or unlikely to give feedback.
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Attachments 1 A1532218 - Public Forum Tabled Document |
4.2 Kindra Douglas, on behalf of Victory Guardians
Kindra Douglas spoke on behalf of Victory Guardians, and explained the group was set up at the invitation of NZTA, who recognised that the Victory area would be affected if the Nelson Southern Link was built. She also encouraged Council to put in a submission to the NZTA consultation. She said that investment in transport changes since the 2011 Arterial Traffic Study had contributed to on-going efficiencies, and suggested that the present NZTA investigation had not uncovered anything new.
Ms Douglas also requested Council’s support for Victory Guardians to seek a legal opinion regarding the current status of the 2004 Environment Court ruling, especially regarding air quality breaches in the Victory area, as the group did not have the resources to do so itself.
In response to questions, she said that the Environment Court ruling was listed by NZTA as a reference document. She said Victory Guardians’ understanding of the ruling was that a road should not be considered due to the geography of the Victory area, and the group sought to clarify the relevance and effect of the Environment Court ruling alongside the current investigation.
4.3 Gaire Thompson
Gaire Thompson spoke about the Trafalgar Centre, and outlined his concerns about how the project had been handled. He said that the Trafalgar Centre should not have been closed, outlined issues in relation to incomplete information regarding the original construction of the Trafalgar Centre, and noted the costs involved with the project. He further noted his concerns regarding the demolishing of the Victory Room and the construction of the Northern extension.
In response to a question, he said he believed there was a serious lesson for Council to be learnt for future projects, to carefully question advice and consider lower-cost options, before signing off on large projects.
4.4 Stuart Walker
Stuart Walker tabled a document (A1533853), and spoke in support of the development of the Nelson Southern Link. He said he drove Waimea and Rocks Roads on a regular basis, and had noted an increase in traffic intensity and delays at peak times, as well as at other times of the day. He said that development of the Nelson Southern Link would not prevent walking or cycling on the Railway reserve, and that construction of the road would provide an opportunity for positive development in the Victory area.
In response to questions, he said he believed that many people in the community supported the construction of a southern arterial route, and that there was a clear need for another route for vehicles to move in and out of Nelson.
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Attachments 1 A1533853 - Stuart Walker Southern Link Investigation Handout |
5. Trafalgar Centre - Update on Request for Additional Items
Document number R5761, agenda pages 4 - 15 refer.
Manager Capital Projects, Shane Davies, presented the report and gave a Power Point presentation (A1533624). He clarified that the reference to ‘as built’ drawings in paragraph 5.4 referred to workshop drawings from a steel fabricator developed during work undertaken on the southern end extension, rather than actual ‘as built’ plans for the main building itself.
In response to questions, Mr Davies explained that Council had requested additional functional improvements to be completed within the scope of the existing budget. He said that it was now clear that the existing budget would not accommodate such improvements, and Council could choose whether to provide additional funding for these improvements instead.
In response to questions regarding the ‘as built’ drawings, Mr Davies explained that these had indicated where steel work in the building was, but that the drawings were not comprehensive and during construction work items had had to be moved or reconfigured around the existing steel work. He said that, had the drawings been more comprehensive, less of the risk contingency part of the budget would have been used, but equally, if the drawings had been less comprehensive, a greater risk contingency budget would have been required.
In response to questions regarding the roof, Mr Davies said that corrosion had only become obvious once roof panels had been removed during construction work. He said that the recommended option included treating the corrosion prior to constructing a new roof over the top of the existing roof, and this option also included practicalities such as not exposing the stadium to weather during construction, and providing extra insulation.
Attendance: Councillor Ward left the meeting from 9.57am to 9.59am, and Councillor Noonan left the meeting from 9.58am to 10.00am.
In response to a further question, Mr Davies explained that a business case approach was not necessary for the roof, as work on the roof was required to protect the rest of the investment.
In response to a question regarding the proposed timeframe for the business cases suggested for the lift and lighting, the Chief Executive, Clare Hadley, confirmed that the timeframe was adequate to test the proposals, and to complete the work within the remaining construction timeframe, if the business cases suggested proceeding with this work. In response to a further question, the Chief Executive explained that the expected completion date for the project was around October 2016, but that this depended on the delivery of steel and availability of engineers to continue progressing the project.
Councillor Fulton, seconded by Councillor Noonan moved the recommendation in the officer report.
During discussion, it was noted that there were aspects of the project that had been completed under budget, and that during complex projects to refurbish older buildings, it was not unexpected that additional issues, which required addressing, would be uncovered. It was added that the proposed additional costs should be supported, to ensure that the refurbished Trafalgar Centre could serve the city for years to come.
Attendance: Councillor Acland left the meeting from 10.23am to 10.25am, and Councillor Rainey left the meeting from 10.24am to 10.25am.
It was further noted that additional information from members of the community, as part of the redevelopment project, had been useful and appreciated by Council.
There was further discussion regarding the budget required for constructing a new roof, given that there was already a budget of $70,000 set aside for re-painting the roof.
With the agreement of the meeting, the mover and seconder altered clause three of the motion to:
AND THAT funding of $250,000 be approved to install a new roof over the current roof on the main building on the understanding that $70,000 is already allocated in the budget and available
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Resolved CL/2016/078 THAT the report Trafalgar Centre - Update on Request for Additional Items (R5761) be received; AND THAT funding be approved to complete the western corridor to the main building ($140,000), lining and insulating the northern wall ($80,000) and administration offices in the north east corner of the main building ($130,000); AND THAT funding of $250,000 be approved to install a new roof over the current roof on the main building on the understanding that $70,000 is already allocated in the budget and available; AND THAT business cases be developed to consider the value of a lift to access the eastern mezzanine floor, and High Definition television lighting in the main stadium and authority be delegated to the Mayor, Chair of Works & Infrastructure and Chair of Community Services Committees (or their deputies) and the Chief Executive to act on the outcomes of the business cases. Fulton/Noonan Carried |
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Attachments 1 A1533624 - Trafalgar Centre - Power Point Presentation |
6. Nelson Southern Link Investigation - Feedback Submission
Document number R5731, agenda pages 16 - 20 refer.
A copy of the New Zealand Transport Agency Nelson Southern Link Investigation document (A1540052) and a potential alternative motion circulated by Councillor Fulton (A1533581) were tabled.
Attendance: The meeting adjourned for morning tea from 10.36am to 10.49am, during which time Councillor Ward left the meeting.
In response to a question, the Chief Executive, Clare Hadley, said that the good decision-making principles contained within the Local Government Act 2002 and Council’s Significance and Engagement Policy required Council to give consideration to the views and preferences of persons likely to be affected by, or to have an interest in, the matter. She said that, as Council had not undertaken any public consultation in relation to NZTA’s Nelson Southern Link Investigation, Council was unable to form a view in order to be able to submit on the matter.
Attendance: Councillor Ward returned to the meeting at 10.51am.
At Her Worship the Mayor’s request, Councillor Fulton outlined the rationale for tabling the proposed recommendation, and noted that Council had not had an opportunity to consider the matter since the Arterial Traffic Study in 2011, and that it was appropriate for Council to provide feedback for NZTA to consider alongside any other feedback received.
There was a discussion regarding whether Council was able to form a view on the Nelson Southern Link Investigation, without engaging in formal consultation with the Nelson community. It was noted during discussion that Council had undertaken extensive consultation with regards to options for walking and cycling on Rocks Road.
In response to questions, Mrs Hadley advised that it would be possible to provide feedback to NZTA based on previous Council resolutions relating to the Arterial Traffic Study and previous related consultation undertaken with the community, such as the Rocks Road walking and cycling options, but that it would not be in accordance with the principle of good decision-making set out in the Local Government Act to provide NZTA with any further feedback on the matter. She said that the issue would trigger Council’s Significance and Engagement Policy, and would require community consultation.
Attendance: Councillor Lawrey left the meeting from 11.07am to 11.09am.
In response to further questions, Mrs Hadley clarified that Council had led the 2011 Arterial traffic Study, with input from NZTA. She said the current investigation was led by NZTA, but that it was still important for Council to understand the views of the community before coming to a position on the matter.
Attendance: Councillor Acland left the meeting from 11.16am to 11.19am.
In response to further questions, Mrs Hadley explained that it was not possible to insert individual Councillor names into a resolution, as a means of recognising a minority view on an issue.
A suggestion was made that Council provide feedback to note that Option A within NZTA’s Nelson Southern Link Investigation was not inconsistent with previous Council resolutions regarding the Arterial Traffic Study and Council’s previous consultation undertaken with regards to walking and cycling options for Rocks Road. In response to a question, Mrs Hadley advised Council to be cautious of aligning with any particular position, as Option A may also include additional elements that Council had not previously consulted on with the community.
In response to further questions, Senior Strategic Adviser, Nicky McDonald, outlined the requirements of the Significance and Engagement Policy and explained when the community could expect that Council would undertake consultation on a matter. She said that consultation was not required when the matter was of low-medium significance, or when Council believed it already understood the community’s views on a matter. She said that the Policy would cover issues covered through Annual or Long Term Plans, as well as matters addressed by central government.
Some councillors expressed disappointment that they were unaware that community consultation would be required for Council to be able to provide feedback to the NZTA investigation, given that sufficient time was required for consultation to take place.
Attendance: The meeting adjourned from 11.46am to 11.57am, and again from 11.59am to 12.08pm.
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Resolved CL/2016/079 THAT the item of business being discussed be adjourned until the next Council meeting on 5 May 2016. Acland/Fulton Carried |
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Attachments 1 A1540052 - NZTA Nelson Southern Link Investigation consultation document 2 A1533581 - potential alternative motion |
Attendance: Councillor Acland left the meeting at 12.13pm.
7. Mayor's Report
Document number R5758, agenda pages 21 - 23 refer.
There was a discussion regarding the formation of a Sports and Recreation Committee. Several councillors noted their concerns with the process that had been followed in forming the Committee, and in engagement with sports organisations occurring, prior to the delegations for the Committee being set.
In response to questions, Her Worship the Mayor explained her desire for there to be greater engagement between community groups and Council for strategic planning purposes. She added that the delegations for the Sports and Recreation Committee would be presented to Council at the meeting on 5 May 2016, and Council would have an opportunity to debate the matter then. She added that a large component of committee workload took place outside the meeting structure, and that establishment of the Committee at this time would allow committee work to feed into the development of the next Long Term Plan. She added that membership of the committee would be open to any interested councillors.
During discussion, a suggestion was made that it was inappropriate for Councillor Matheson to chair the Sports and Recreation Committee, due to his involvement with community trusts, which were often used as a funding source for sports groups. A point of order was raised that the statement relating to Councillor Matheson was misleading. The point of order was upheld, and the statement relating to Councillor Matheson’s involvement with community trusts was withdrawn.
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Resolved CL/2016/080 THAT the Mayor's Report (R5758) be received. Skinner/Ward Carried |
8. Nelson Regional Development Agency - Interview Panel for Recruitment of Board Members
Document number R5789, late items agenda pages 2 - 4 refer.
The Chief Executive, Clare Hadley, presented the report.
In response to a question, Mrs Hadley said that Richard Stone had participated in a lengthy candidate evaluation process undertaken by Jackson Stone, but he was unavailable to take part in interviews during the week of 18 April 2016. She said there would be insufficient value added by requesting an alternative recruitment consultant from Jackson Stone for the interview process.
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Resolved CL/2016/081 THAT the report Nelson Regional Development Agency - Interview Panel for Recruitment of Board Members (R5789) be received; AND THAT Council agree that the Interview Panel established on 3 March 2016 progress recruitment for the position of Board Member on the Nelson Regional Development Agency by conducting interviews without Mr Richard Stone. Matheson/Davy Carried |
There being no further business the meeting ended at 12.39pm.
Confirmed as a correct record of proceedings:
Chairperson
Date
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Council 5 May 2016 |
REPORT R5848
Status Report - Council - 5 May 2016
1. Purpose of Report
1.1 To provide an update on the status of actions requested and pending.
2. Recommendation
|
THAT the Status Report Council 5 May 2016 (R5848) and its attachment (A1168168) be received. |
E-J Ruthven
Administration Adviser
Attachments
Attachment 1: A1168168 - Status Report - Council 5 May
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Council 5 May 2016 |
REPORT R5686
Mayor's Report
1. Purpose of Report
1.1 To update Council on several matters.
2. Recommendation
Mayor’s Discretionary Fund
2.1 The Mayor has donated $200 from the Mayor’s Discretionary Fund to Nelson College for Girls sailing team. The team has been given the opportunity to travel to the national secondary school regatta competition in Auckland. The team is undertaking extensive fundraising and the Mayor’s donation will go towards the $2,000 entry fee.
Youth and Community Facilities Trust
2.2 For your information, as of 1 April 2016, Councillor Acland has resigned from his position as Trustee of the Youth and Community Facilities Trust.
Proposed LGNZ Remit 2016
2.3 In the Mayor’s report dated 24 March 2016 the Local Government New Zealand (LGNZ) Remit process for the AGM was outlined. The report included the memo received by LGNZ outlining the remit process and is provided here as Attachment 1 for ease of reference.
2.4 Councillor Lawrey has been in discussion with the Mayor regarding a remit. The Mayor and Councillor Lawrey have sought advice from LGNZ to ensure the remit meets the necessary drafting requirements.
2.5 The Mayor supports Councillor Lawrey’s proposed remit and recommends the remit to Council. A copy of the proposed remit is provided as Attachment 2.
2.6 Should Council provide support for the remit then the Mayor will commence the process to obtain four other councils support so the remit can be submitted to LGNZ for consideration.
Sports and Recreation Committee
2.7 The Mayor has signalled her concern to Council that greater governance insight and oversight is needed in the wellbeing areas covered by the Community Services Committee.
2.8 Particular areas of concern include campground reviews, facilities provision and strategic planning for mountain biking, marina strategy, and 10 year planning for sports and recreation activities, including cost sharing.
2.9 Events Funding and Saxton Field Governance are addressed elsewhere in this report.
2.10 Due to the significant number of areas that need to be advanced, the Mayor has offered assistance to the Chair of Community Services by sharing the workload through appointment of an additional Chair (Sports and Recreation) and the formation of an additional committee (open to all elected members).
2.11 However, the Chair of Community Services has indicated to Council that he is not supportive of accepting assistance by way of an additional chair and committee structure.
2.12 The Mayor wishes to thank councillors who have been supportive of offering additional assistance via a new committee structure and who have expressed a desire to be part of a new committee.
2.13 A primary motivating factor in offering a new committee and chair to support the Community Services Committee was to assist councillors in connecting with their community. The Mayor’s view is that early engagement and building relationships pay a dividend in both the short and long term. She remains disappointed that assistance has not been accepted but will endeavour to find alternative solutions to meet the community’s needs.
2.14 The Mayor notes that some areas of concern may be addressed via the Annual Plan in response to submissions. However, this tends to lead to a reactive rather than proactive response from Council.
2.15 Some other areas of concern will be addressed by the Mayor in preparation for the next Long Term Plan in accordance with section 41A(2) of the Local Government Act 2002. Work in this regard will continue via the Office of the Mayor.
2.16 The Mayor continues to encourage the Community Services Committee to build governance relationships with organisations that fall under its delegations and to communicate with the community early, prior to strategies and proposals being developed.
Saxton Governance
2.17 The Mayor remains concerned that the Community Services Committee is yet to advance a governance proposal for Saxton Field.
2.18 In the 3 September 2015 Mayor’s report, it was advised that Deputy Mayor Matheson and Councillor Rainey met with Tasman District Councillors Judene Edgar and Brian Ensor on 5 August 2015 to discuss the proposed Saxton Field Working Group. As a result of that discussion, it was advised that a report detailing a suggested structure and terms of reference for the working party would come to a future meeting of Council.
2.19 In the absence of any further progress in this area, an alternative approach will be proposed to Council in the coming months. A joint approach is supported by the Mayor and the Mayor of Tasman District; we have discussed the possibility of a joint workshop.
Events Fund
2.20 Events Fund applications up to $25,000 are considered by the Events Management Committee; applications between $25,000 and $50,000 are considered by the Chief Executive, and the Governance Committee has the power to decide on Events Fund applications between $50,000 to $100,000.
2.21 The Events Management Committee is comprised of the CEO of Nelson Regional Economic Development Agency; CEO of Nelson Tasman Tourism; and the Group Manager Community Services Nelson City Council (or other nominated staff position). The Committee is responsible for distributing funding through the Events Marketing and Development Programme.
2.22 The Mayor is concerned that decisions of the Events Management Committee and allocation of funds made by the Chief Executive has not been reported for some time.
2.23 The Mayor has requested that a report be prepared and presented to the Governance Committee that outlines expenditure and accountability reporting of the Events Management Committee and Chief Executive with respect to Events Fund applications. The report should consider the best method of administering the fund and whether criteria are best set by Council or an external group.
Rachel Reese
Mayor of Nelson
Attachments
Attachment 1: A1511415 - LGNZ Remit Process Memo 2016
Attachment 2: A1542057 - Proposed LGNZ Remit 2016 - Matt Lawrey
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Council 5 May 2016 |
REPORT R5815
Crematorium Delivery Review - Update
1. Purpose of Report
1.1 To provide Council with an update regarding the crematorium delivery review.
2. Delegations
2.1 The Community Services Committee made a recommendation to the Council meeting on 24 March 2016 regarding the crematorium delivery review. Several parts of the recommendation to Council were left to lie on the table during the 24 March 2016 Council meeting, and it is Council’s responsibility to re-consider these items at this meeting.
3. Recommendation
|
THAT the report Crematorium Delivery Review - Update (R5815) be received. |
4. Discussion
4.1 Council resolved on 24 March 2016:
THAT it be confirmed that Council retain ownership of the crematorium and keep it operating;
AND THAT approval be given to renew the main cremator as set out in the Long Term Plan 2015/25
4.2 Council also resolved, pursuant to Standing Order 3.12.1, that the following four recommendations be left to lie on the table, to enable feedback to be received:
AND THAT it be confirmed not to proceed with a new cremator and the $150,0000 provision set aside for this in the 2016/17 year be removed;
AND THAT all cremation fees be increased from 1 July 2016 transitioned over a three year period with equal annual increases of 15% per annum, with year one to be $575 including GST;
AND THAT services for private cremations be promoted;
AND THAT until such time as a commercial pet/animal cremator is up and running pets/animals continue to be cremated.
4.3 Further feedback relating to the crematorium has now been received. Officers need time to assess this in order to provide Council with advice on the future level of service with respect to pet/animal cremations, and fees and charges.
4.4 Officers anticipate that this analysis will be provided at the Council meeting on 16 June 2016.
5. Options
5.1 Accept the recommendation – receive the Crematorium Delivery Review Update.
5.2 Reject the recommendation – do not receive the Crematorium Delivery Review Update.
6. Conclusion
6.1 A further report on this matter will be provided to the 16 June 2016 Council meeting.
Alec Louverdis
Group Manager Infrastructure
Attachments
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Council 5 May 2016 |
REPORT R5805
Nelson Southern Link Investigation - Feedback Submission
1. Purpose of Report
1.1 To consider if Council should provide feedback to the NZ Transport Agency on the Nelson Southern Link Investigation.
2. Delegations
2.1 This matter is a cross-committee item presented directly to Council, as it addresses areas of responsibility and functions of the Works and Infrastructure Committee, and the Regional Transport Committee.
3. Recommendation
4. Background
4.1 The Nelson Southern Link Investigation (NSLI) is part of the Government’s Accelerated Regional Roading Package for State Highway projects. The investigation is looking at how to best address existing and future transport issues on the arterial networks between the Annesbrook Drive and Haven Road roundabouts.
4.2 The NZ Transport Agency is seeking feedback to finalise the programme business case and in particular identify a preferred approach to address Nelson’s arterial transport problems. Feedback closes on 24 April 2016. Any submissions received by Council in the Annual Plan process will be forwarded on to the NZ Transport Agency.
4.3 NZ Transport Agency provided a briefing session to Council on the Strategic Case on 4 December 2016.
4.4 A second Council briefing session was held on 22 March 2016 just prior to the start of the NSLI feedback period to allow elected representatives from Nelson City Council to have the latest information available and ask questions of the NZ Transport Agency team leading the investigation.
5. Discussion
5.1 In 2010 and 2011 Council led an Arterial Traffic Study (ATS) with considerable input from the NZ Transport Agency to gain better understanding of short to medium term transport demand issues as they relate directly to Nelson. The Council discussed the recommendations of the Stage 4 report at its meeting on 11 August 2011. Councillors felt that leaving two options open (both the Rocks Road/Waimea Road clearways and the Southern Arterial transport corridor) left a huge amount of long term uncertainty for the community, and that based on the weighting and analysis of each option (as detailed in the Stage 1 – 4 reports), the Southern Arterial transport corridor was the better option for the City because:
· The opportunity cost of preserving two options was too high.
· Preserving two options left unnecessary uncertainty that would discourage investment.
· Preserving the clearway option would limit the benefits to the city of enhancing the waterfront.
· Preserving the southern arterial corridor was necessary due to concerns over the future security of the current state highway from climate change and storm surge.
· The Benefit Cost Ratio (-0.5 versus +1.3) was more favourable for the Southern Arterial Corridor.
5.2 The final resolution of Council was as follows:
THAT the recommendations of the Arterial Traffic Study be received (ref 2.7 of the Stage 4 report 1120417);
AND THAT Council confirms that the best configuration between Annesbrook Drive and QEII / Haven Road Roundabout that would improve the City as a whole is determined to be the Southern Arterial Corridor;
AND THAT the relevant elements of the recommendations and the implementation plan be given effect by their incorporation into:
· The Transport Activity Management Plan 2011;
· The draft Long Term Plan 2012/22;
· The next review of the Regional Land Transport Strategy;
· A review of the modelling data following the 2013 census (in partnership with the New Zealand Transport Authority);
AND THAT the Regional Transport Committee should note within the Regional Land Transport Programme 2012 - 2015:
· The outcomes and recommendations of the Arterial Traffic Study;
· Council support for the allocation of funding towards implementing the recommendations from the Arterial Traffic Study;
· Council support for further investigation into a walkway/cycleway around the waterfront;
· Council support for the further investigation into a walkway / cycleway connecting the waterfront to commuter corridor linkages near Annesbrook Drive roundabout;
AND THAT staff be directed to prepare an issues definition report to the Council assessing the options available for the Southern Arterial Transport Corridor.
5.3 The key differences between the Arterial Traffic Study outcome which was agreed by New Zealand Transport Agency and the Council resolution, which were not ratified by New Zealand Transport Agency at that time are:
· The Arterial Traffic Study outcome retained the Peak Hour Clearways and Southern Arterial Corridor option but Council want to retain only the Southern Arterial Corridor.
· The Arterial Traffic Study outcome issues definition report was to cover protecting both the existing arterial routes and the Southern Arterial Corridor, but Council has directed that the report should only cover the Southern Arterial Corridor.
· Council added the investigation of a walk / cycleway connecting the waterfront to commuter corridor linkages near Annesbrook Drive roundabout.
5.4 There has been no advice to Council to re-consider the position set out in paragraph 5.2 since that resolution. Discussions to date have continued to support the position of no clearways; protecting the Southern Arterial Corridor; and seeking to provide walk / cycle facilities along the waterfront. This is consistent with the Long Term Plan as discussed in section 7.1.
5.5 The NZ Transport Agency is currently undertaking engagement with the community directly on the NSLI – Programme Business Case.
6. Options
6.1 Provide feedback to the NZ Transport Agency.
6.2 Provide no feedback as there have been no Council decisions or information presented from officers since the Arterial Traffic Study to change the position or guide what to include in the feedback. This is the recommended option.
7. Alignment with relevant Council policy
7.1 The 2015-2025 Long Term Plan (page 45 and 46) and the associated consultation document (page 13) discusses the NSLI and states ’Current Council policy is to protect the potential corridor, and no change is proposed’.
7.2 The Draft Annual Plan consultation document stated ‘The NZ Transport Agency Nelson Southern Link project is considering options for a route to connect the state highway from Whakatu Drive to QEII Drive as part of the Government’s Accelerated Regional Roading Package for state highway projects and is currently at the Programme Business Case stage. Council, while an important stakeholder, is not driving either project. The Transport Agency will be collecting views from the community on the Nelson Southern Link project during March and April 2016. The Transport Agency will consider and provide advice to Government on next steps following the Programme Business Case after July 2016.’ This highlighted to the community that the NSLI is a NZ Transport Agency project and that the Government will be making the next step.
8. Assessment of Significance against the Council’s Significance and Engagement Policy
8.1 The decision to provide feedback or not to the NZ Transport Agency on the NSLI is not a significant decision under Council’s Significance and Engagement Policy.
9. Consultation
9.1 Council consulted on the position to protect the potential corridor during the LTP consultation.
9.2 Council has not consulted with its community on whether to provide feedback to the NZ Transport Agency.
9.3 The NZ Transport Agency is engaging with the community directly as stated in section 4.2.
10. Inclusion of Māori in the decision making process
10.1 No consultation with Māori has been undertaken on this issue.
11. Conclusion
11.1 The NZ Transport Agency is currently seeking feedback from the community on the Nelson Southern Link Investigation.
11.2 Council has not formally re-considered its position since 2011. It has not considered any officer advice to shape any feedback to the NZ Transport Agency.
11.3 It is recommended that no feedback be provided.
Rhys Palmer
Senior Asset Engineer - Transport and Roading
Attachments
Nil
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Council 5 May 2016 |
REPORT R5804
Insurance renewal 2016/17 - infrastructure assets
1. Purpose of Report
1.1 To delegate the matter of exiting the Local Authority Protection Program for Council’s infrastructure insurance, and the appropriate insurance cover, to the Chief Executive, Her Worship the Mayor and the Chairperson of the Governance Committee.
2. Delegations
2.1 The Audit, Risk and Finance Subcommittee has delegated authority to consider items relating to risk management. The Subcommittee referred this matter to the Governance Committee, which referred the matter on to Council.
3. Recommendation
4. Background
4.1 The Audit, Risk and Finance Subcommittee considered a report titled ‘Insurance Renewal 2016/17 - Infrastructure Assets’ (Attachment 1) at its meeting on 31 March 2016.
4.2 The Subcommittee agreed that further information was required before direction could be given to officers. The Subcommittee passed the following resolution:
AND THAT the Subcommittee refers the matter of insurance renewal for Council’s infrastructure insurance to the Governance Committee for its consideration and recommendation to Council.
4.3 At its meeting on 21 April 2016, the Governance Committee passed the following resolution:
AND THAT the Committee refers the matter of the 2016/17 infrastructure assets insurance renewal to Council for consideration at its meeting on 5 May 2016.
5. Discussion
5.1 Further information from the brokers has not yet been received by Council officers. A decision on this matter is needed by 18 May 2016 in order to withdraw or retain Council’s notice to exit from the Local Authority Protection Programme (LAPP) scheme.
6. Options
6.1 This report recommends that the Chief Executive, Her Worship the Mayor and the Chairperson of the Governance Committee are given delegated authority to decide whether Council should exit from the LAPP. If this option is not supported, a decision will not be made in time to meet the mid May deadline for exiting the LAPP.
7. Alignment with relevant Council policy
7.1 This recommendation is not inconsistent with any previous Council decision.
8. Assessment of Significance against the Council’s Significance and Engagement Policy
8.1 This is not a significant decision.
9. Consultation
9.1 No consultation has been undertaken in preparing this report.
10. Inclusion of Māori in the decision making process
10.1 No consultation with Maori has been undertaken in preparing this report.
Nikki Harrison
Group Manager Corporate Services
Attachments
Attachment 1: R5649 - Report to Audit, Risk and Finance Subcommittee 31 March 2016: 'Insurance renewal 2016/17 - infrastructure assets'
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Council 5 May 2016 |
REPORT R5826
Elected Members' Remuneration 2016/17
1. Purpose of Report
1.1 To make a recommendation for the allocation of additional remuneration for elected members for the year 1 July 2016 to 30 June 2017, to be submitted to the Remuneration Authority for consideration.
2. Delegations
2.1 The recommendation to the Remuneration Authority on the remuneration of elected members is a matter for full Council.
3. Recommendation
4. Background
4.1 The Remuneration Authority is the independent body set up by Parliament to handle the remuneration of key office holders such as Judges, Members of Parliament, local government representatives, and some individual office holders and board members of independent statutory bodies.
4.2 Attachment 1 and Attachment 2 are letters received from the Remuneration Authority in relation to this round of remuneration setting and what the Remuneration Authority is seeking from local authorities.
4.3 A workshop was held on 12 April 2016 at which the above letters were provided to councillors and a discussion was had around options for how to distribute the additional remuneration for certain additional duties such as those associated with the roles of Deputy Mayor, committee chair, deputy committee chair and district plan review work.
4.4 In 2013, following a review of the basis for remuneration setting, the Remuneration Authority established a new system whereby base salaries are set every three years (in the election year), with an adjustment for economic changes in the intervening years.
4.5 The recommendations of the 2013 review have not been fully implemented yet due to the significant increases, and occasional decreases, that would result. The Remuneration Authority also has concerns about aspects of the review that related to the time commitment required for councillors to fulfil their various responsibilities. A further review of the remuneration framework can be expected over the coming year, resulting in further changes.
4.6 As part of the upcoming review, the Remuneration Authority has agreed with Local Government New Zealand to set up a working group to consider the way elected members are paid for district planning hearing processes. There will be no change to this in the 2016/17 determination.
4.7 Councils are being asked to propose their allocation of remuneration now to provide certainty for candidates in the 2016 local election. Should positions of additional responsibility change after the election, Council may apply to the Remuneration Authority for an amended determination, to vary the way the additional remuneration is allocated.
4.8 The Remuneration Authority has now set the 2016/17 base salary for councillors at $39,780 per annum, and for the Mayor at $133,467 per annum.
4.9 Over and above this base salary there is an amount of money available to Council to remunerate councillors for additional duties. The Remuneration Authority determines how the additional remuneration is allocated based on proposals from councils. Council’s approved proposal for the allocation of additional remuneration must be forwarded to the Remuneration Authority by 16 May 2016.
4.10 No additional remuneration can be paid to the Mayor above the Mayor’s base salary.
4.11 The total amount of money available to cover any and all additional remuneration of councillors is $79,560 per annum. This is equivalent to 2 x base salary. Council is not required to allocate its entire additional remuneration.
4.12 Previously, additional remuneration was capped for individual councillors and the Deputy Mayor. In response to concerns raised by councils about the ability to recognise the scope of individual councillors’ work, the Remuneration Authority has removed these caps for 2016/17.
4.13 The Remuneration Authority provides guidance on what additional duties are deserving of additional remuneration. For any proposal from Council to be approved, it must comply with this guidance. Refer to Attachments 1 and 2.
4.14 While a Sports and Recreation Committee was mooted, the options in this report are based on a Council structure of four committees.
4.15 When making a proposal to the Remuneration Authority a position description must be supplied to support the rationale for the allocation of additional remuneration. Proposed position descriptions are included as Attachment 3.
4.16 In 2013 Nelson City Council put aside a portion of the additional remuneration for district plan review work, equivalent to 0.24 x base salary. That additional remuneration has not been used.
4.17 In March 2015 Council decided that the costs of Resource Management Act Making Good Decisions training be funded from the additional training budget rather than the individual elected members training budgets for the current triennium. This was on the principle that this training would benefit councillors in fulfilling functions such as district plan review work. The current timetable for the development of the Whakamahere Whakatu Nelson Plan includes plan hearings commencing in 2017.
4.18 The Resource Management Act 1991 sets out the requirements for plan hearings. There is a requirement that all people appointed to hear plan matters will be accredited. Currently Her Worship the Mayor and Councillors Acland, Barker, Davy, Fulton, McGurk, Noonan and Skinner have completed the training to be accredited commissioners.
4.19 The Remuneration Authority also sets allowances that lie outside the additional remuneration. These are captured in Council’s Expenses Policy for Elected Members, which must be submitted to the Remuneration Authority for approval by 10 June 2016. This will be the subject of a later report, once the Authority has notified any change to provisions for mileage, travel time and communications.
5. Discussion
5.1 Council should consider its options and make a decision which will best reflect the guidance provided by the Remuneration Authority in relation to what additional duties are deserving of additional remuneration.
6. Options
Option 1 – Retain the current remuneration structure
6.1 Under this option, the additional remuneration is allocated on approximately the same proportionate basis as the 2013-2016 arrangement as follows:
|
Position |
Additional remuneration as proportion of base salary |
|
Deputy Mayor |
0.4 |
|
Committee Chair (4) |
0.21 |
|
Pool for District Plan review work |
0.24 |
6.2 These proportions were based on remaining within the previously imposed caps for additional remuneration. These caps have now been lifted.
6.3 This results in the Deputy Mayor receiving an additional $15,912 and the remaining four Committee Chairs receiving an additional $8,354 each.
6.4 If the same proportions were maintained, and no other changes to allocations were made, a large portion of the additional remuneration would not be allocated. The proposed remuneration to be recommended to the Remuneration Authority would look like this:
|
Deputy Mayor |
$55,692 |
|
Committee Chair (4) |
$48,134 |
|
Councillor (7) |
$39,780 |
|
Pool for District Plan review work |
$9,547 |
6.5 While this option recognises the varied duties of the Deputy Mayor, Committee Chairs, and councillors undertaking district plan review work, it does not appear to do so in the best proportion. Because the pool has increased, $19,890 is not allocated under this option, effectively becoming unspent funds.
6.6 This option is not recommended.
Option 2 – Approximate the current remuneration structure
6.7 It is understood that the district plan review workload can be very sizable. For that reason it would be considered reasonable to include all the available additional remuneration in the pool for this work. This would bring the proportion to 0.75 and the value of the pool to $30,232
6.8 With this option the proposed remuneration to be recommended to the Remuneration Authority would look like this:
|
Deputy Mayor |
$55,692 |
|
Committee Chair (4) |
$48,134 |
|
Councillor (7) |
$39,780 |
|
Pool for District Plan review work |
$30,232 |
6.9 The payments from the pool for district plan work would be made on the basis of a rate per day per councillor of $100. Councillors involved in this work would need to be accredited.
6.10 As the district plan review work is undertaken it would need to be determined as to how many councillors would be included in this work. This would impact on how long it would take for the pool to be fully allocated.
6.11 This option is not recommended.
Option 3 – Additional remuneration for district plan review work allocated to roles not a pool
6.12 Under this option, the additional remuneration is allocated to the Deputy Mayor, Committee Chairs, and for district plan review work to those expected to undertake the work.
6.13 It is proposed that the additional remuneration remaining after making an allocation to the Deputy Mayor and the Committee Chairs be allocated to a set number of Councillors who are accredited and would be undertaking that work. It is anticipated that it would be realistic to estimate 6 councillors may be available to undertake this work from beginning to end. It is unlikely that all 12 councillors will be able to make themselves available for this commitment.
6.14 On that basis the proportions would look like this:
|
Position |
Additional remuneration as proportion of base salary |
|
Deputy Mayor |
0.40 |
|
Committee Chair |
0.21 |
|
Councillor on District Plan Review |
0.12 |
6.15 This results in the Deputy Mayor receiving an additional $15,912, the four Committee Chairs receiving an additional $8,354 each and the councillors on the District Plan Review receiving $5,039.
6.16 Under this option, the proposed remuneration to be recommended to the Remuneration Authority would look like this:
|
Deputy Mayor |
$55,692 |
|
Committee Chair (4) |
$48,134 |
|
Councillor (7) |
$39,780 |
|
Additional portion for councillor on District Plan Review (6) |
$5,039 |
6.17 The numbers beside each position add up to more than the total number of Councillors. This is because the district plan allocation would be available to 6 councillors and would be in addition to either the base salary, the salary for the Deputy Mayor or Committee Chair.
6.18 If this option were taken, the amount allocated to the 6 Councillors would be paid on a fortnightly basis as additional remuneration as is done for the Deputy Mayor and Committee Chairs.
6.19 This option recognises the significant additional duties undertaken by the Deputy Mayor, Committee Chairs and those involved in district plan review work. This option also allocates all the additional remuneration available to Council. However, it does not acknowledge the role of Deputy Chair.
6.20 This option is not recommended.
Option 4 – Additional remuneration for Deputy Chairs
6.21 Under this option, the additional remuneration is allocated to the Deputy Mayor, Committee Chairs, and for district plan review work. In addition, Deputy Chairs receive additional remuneration for the additional responsibilities of that role. This encourages councillors to take on the role, and supports succession planning.
6.22 To maintain relativities while also using the full additional remuneration, the proportions allocated to the Deputy Mayor and Committee Chairs remain the same while the pool for district plan work increases slightly:
|
Position |
Additional remuneration as proportion of base salary |
|
Deputy Mayor |
0.4 |
|
Committee Chair |
0.21 |
|
Deputy Committee Chair |
0.10 |
|
Pool for District Plan Review work |
0.36 |
6.23 The Deputy Mayor receives an extra $15,912, Committee Chairs receive an extra $8,354 each, and Deputy Committee Chairs receive an extra $3,978 each.
6.24 Under this option, the proposed remuneration to be recommended to the Remuneration Authority would look like this:
|
Deputy Mayor |
$55,692 |
|
Committee Chair (4) |
$48,134 |
|
Deputy Committee Chair (4) |
$43,758 |
|
Councillor (3) |
$39,780 |
|
Pool for District Plan Review work |
$14,320 |
6.25 The payments from the pool for district plan work would be made on the basis of a rate per day per councillor of $100. Councillors involved in this work would need to be accredited.
6.26 It is considered that the workload associated with the role of Deputy Chair is not more considerable than that associated with district plan review. It seems that an additional $3,978 for the role of Deputy Chair is disproportionately high when only $14,320 remains for payments for district plan review work.
6.27 This option is not recommended.
Option 5 – Allocate additional remuneration to the Deputy Mayor and Committee Chairs only
6.28 Under this option, the Deputy Mayor is paid an additional amount of $15,912 (0.4 x base salary) and Committee Chairs an additional amount of $8354 (0.21 x base salary) to recognise the significant additional duties of the role. Councillors are paid the base salary of $39,780. There are no additional payments to Deputy Committee Chairs, or to councillors undertaking district plan review work.
6.29 Under this option, the proposed remuneration to be recommended to the Remuneration Authority would look like this:
|
Deputy Mayor |
$55,692 |
|
Committee Chair (4) |
$48,134 |
|
Councillor (7) |
$39,780 |
6.30 This option does not utilise all of the additional remuneration. This represents a potential saving for the community.
6.31 This option does not recognise the additional duties undertaken by Deputy Committee Chairs, or councillors undertaking district plan review work. It therefore does not reflect the Remuneration Authority’s intent in making additional remuneration available for councillors who undertake additional responsibilities.
6.32 This option is not recommended.
7. Option 6 – Amend the proportions for each role
7.1 To this point, all the options have assumed that the proportions allocated to the Deputy Mayor and Committee Chairs are appropriate. This assumption is based on the idea that they are the same as proportions used for 2013-2016 and the position descriptions for the roles have not been altered.
7.2 However, Council may consider that these proportions were not reflective of the duties in those position descriptions, and that the caps on additional remuneration prohibited any higher proportions being approved. As mentioned, these caps have now been lifted.
7.3 As a result, this option provides for a higher proportion to be allocated to the Deputy Mayor.
7.4 It also addresses the balance between additional payment for the role of Deputy Chair and for district plan review work, by adjusting the proportions for these too.
7.5 Under this option the proposed proportions are:
|
Position |
Additional remuneration as proportion of base salary |
|
Deputy Mayor |
0.5 |
|
Committee Chair |
0.21 |
|
Deputy Committee Chair |
0.05 |
|
Pool for District Plan Review work |
0.46 |
7.6 The Deputy Mayor receives an extra $19,890, Committee Chairs receive an extra $8,354 each, and Deputy Committee Chairs receive an extra $1,989 each.
7.7 Under this option, the proposed remuneration to be recommended to the Remuneration Authority would look like this:
|
Deputy Mayor |
$59,670 |
|
Committee Chair (4) |
$48,134 |
|
Deputy Committee Chair (4) |
$41,769 |
|
Councillor (3) |
$39,780 |
|
Pool for District Plan Review work |
$18,299 |
7.8 The payments from the pool for district plan work would be made on the basis of a rate per day per councillor of $100. Councillors involved in this work would need to be accredited.
7.9 As the district plan review work is undertaken it would need to be determined as to how many councillors would be included in this work. This would impact on how long it would take for the pool to be fully allocated.
7.10 Should Council feel that the proportion allocated to the Deputy Mayor was previously in sufficient, and should be increased, this option provides the fairest allocation of additional remuneration to all positions of additional responsibility. This option also allocates all the additional remuneration available to Council.
7.11 On that basis, this option is recommended.
8. Alignment with relevant Council policy
8.1 The decision called for in this report is required by the Remuneration Authority. It is not inconsistent with any other previous Council decision.
9. Assessment of Significance against the Council’s Significance and Engagement Policy
9.1 This decision is of low significance in terms of Council’s Significance and Engagement Policy.
10. Consultation
10.1 There has been no consultation on this matter.
11. Inclusion of Māori in the decision making process
11.1 No consultation has been undertaken with Maori on this matter.
12. Conclusion
12.1 Option 6 is the recommended option for Council to submit to the Remuneration Authority for consideration.
Penny Langley
Manager Administration
Attachments
Attachment 1: A1470764 - Remuneration Authority letter dated 1 December 2015
Attachment 2: A1522819 - Remuneration Authority letter dated 17 March 2016
Attachment 3: A1527257 - Elected Member Position Descriptions 2016-2019
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Council 5 May 2016 |
REPORT R5715
Regional Pest Management Plan
1. Purpose of Report
1.1 The purpose of the report is to establish, and appointment members to a Regional Pest Management Committee, with Tasman District Council. The Committee will comprise three members from each authority.
2. Delegations
2.1 The decision to establish a joint committee is a decision for Council in accordance with Schedule 7 clause 30A of the Local Government Act 2002.
3. Recommendation
4. Background
4.1 Part 5 of the Biosecurity Act 1993 provides for the eradication or effective management of harmful organisms (pest plants and animals) to prevent, reduce or eliminate effects on the economy, environment, health and cultural impacts. A Regional Pest Management Plan is the policy mechanism to achieve the management of pest plants and animals.
4.2 Since the Biosecurity Act came into force in 1993 Nelson City Council and Tasman District Council have operated a joint Regional Pest Management Strategy and associated Operational Plan.
4.3 During 2012 the Joint Regional Pest Management Strategy was due for review. At that time however, the parent legislation (the Biosecurity Act 1993) was also under review and it was decided to roll over the existing strategy with minor changes until November 2017 to provide enough time for the Act and its associated guidance to be resolved.
4.4 The review of the Biosecurity Act 1993 is now complete and significant legislative changes include:
· Provision of National Policy Direction (which came into force on 24 September 2015) - plans need to demonstrate consistency with this before they are adopted;
· More rigorous requirements for pests to be included in the new plans;
· Seeking greater consistency in the structure, content and terminology of these plans around the regions;
· The ability to bind the Crown with Good Neighbour Rules;
· Better linking of pest programmes with outcomes and objectives;
· The ability to review the whole plan;
· A provision to include pathway management plans in pest management programmes.
5. Discussion
Plan development and approach
5.1 National Policy Direction requires that each regional council has a draft Regional Pest Management Plan in place by March 2017. There are a series of steps required to get the Plan to the stage of being notified including consultation with interested parties. Attachment 1 details the timeline to enable a new Plan to be established before the existing Strategy expires in November 2017.
5.2 To achieve a consistent approach to pest management across the Tasman-Nelson region, it is considered appropriate for Nelson City Council to combine efforts with Tasman District Council and prepare a Plan that works across both areas.
5.3 In the past there was a joint Tasman-Nelson Regional Pest Management Strategy review led by Tasman District Council staff (in terms of analysis and drafting) and operating in conjunction with an assigned group of councillors from each council. It is proposed to continue with this joint approach.
5.4 In 2014 there was an amendment to the Local Government Act 2002 which inserted a new clause 30A within Schedule 7 regarding Joint Committees. The attached delegations cover off the requirements for setting a joint committee, introduced by this clause.
5.5 A joint committee could be delegated the responsibility to oversee the preparation of the draft Plan, recommend the draft to their respective Councils for notification, hear submitters, make decisions on submissions and to recommend the making of a final Plan directly to their respective Councils.
5.6 The need to review the Tasman-Nelson Regional Pest Management Strategy in accordance with the legislative changes was considered by Tasman District Council’s Environment and Planning Committee on 17 March 2016 which approved the establishment of a joint committee and appointed Councillors Brian Ensor, Stuart Bryant and Trevor Norris to the Committee.
5.7 If the Council agrees to establish a Regional Pest Management Committee, changes are required to the Delegations Register. Proposed changes are attached (Attachment 2). The same would be true for Tasman District Council.
5.8 Should the committee be established it is anticipated that minutes would be taken by Tasman District Council officers and will form part of the record of the process.
5.9 As indicated by the timeline, work on the Plan will extend past this triennium of Council. For that reason it is proposed that Council resolve for this committee, if established, to continue beyond the 2016 local body elections. Each council would be asked to replace the members of the committee following the election, if needed. The committee would be considered to be disbanded following the adoption by both councils of the Plan.
6. Options
6.1 A possible option available to Council would be to undertake a review on its own. This may require greater resources and likely costs and result in delays due to finding resources to undertake the work.
6.2 The recommended option is to build on the successful pest management partnership already developed with Tasman District Council, sharing costs and experience.
7. Alignment with relevant Council policy
7.1 Preparing the Regional Pest Management Plan will ensure the ongoing eradication and effective management of harmful organisms. This will benefit the natural environment; while also ensuring our urban and rural environments are people friendly and sustainably managed, which fits with Council’s community outcomes and priorities in the Long Term Plan.
7.2 The Regional Pest Management Plan sits outside of the Nelson Resource Management Plan and future Nelson Plan. These are provided for under the Resource Management Act; the Regional Pest Management Plan is provided for under the Biosecurity Act.
7.3 The development of the Regional Pest Management Plan aligns with the Council’s Nelson Nature programme and its intended outcomes.
7.4 The cost of the review is budgeted for over the period of the review (i.e. $20,000 per year for the current 2015/16 year; and 2016/17, 2017/18 years).
7.5 The review contributes to the following Nelson 2060 themes:
· Sustainable city of beauty and connectivity
· Outstanding lifestyles immersed in nature and strong communities
· Successful partnerships providing good leadership
7.6 The review is also in line with the Nelson 2060 sustainability principle of sustaining our life-supporting ecosystems.
7.7 By working jointly with Tasman District Council, which has considerable expertise in pest management, the proposed review and joint committee reflects an efficient and effective use of resources in meeting the Council’s responsibilities under the Biosecurity Act 1993.
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 Extensive consultation will be undertaken during the Plan development process as required under the Biosecurity Act 1993. This will include consultation with primary industries, government agencies, non-government organisations, iwi, other Councils, and individuals with a particular interest in the Pest Management Plan.
10. Inclusion of Māori in the decision making process
10.1 Consultation will be undertaken with Maori and iwi during the Plan development process.
11. Conclusion
11.1 Taking into account the necessary work to develop the Regional Pest Management Plan, it is propose that the review process commence now and that the Council establish a Regional Pest Management Committee and appoint three councillors to it.
Richard Frizzell
Environmental Programmes Officer
Attachments
Attachment 1: A1535666 - Proposed process and timeline
Attachment 2: A1535354 Delegations - Terms of Reference
Minutes of a meeting of the Joint Committee of Tasman District and Nelson City Councils
Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson
On Tuesday 29 March 2016, commencing at 10.03am
Present: Her Worship the Mayor R Reese, Nelson City Councillors I Barker, R Copeland, K Fulton, M Lawrey, P Matheson (Deputy Mayor), B McGurk, G Noonan, T Skinner, and M Ward, His Worship the Mayor R Kempthorne (Chairperson), Tasman District Councillors M Boullir, B Dowler, B Greening, M Higgins, J Inglis, and Z Mirfin.
In Attendance: Tasman District Chief Executive (L McKenzie), Nelson City Council Chief Executive (C Hadley), Group Manager Community Services (C Ward), Group Manager Corporate Services (N Harrison), and Administration Adviser (G Brown)
Apologies: Nelson City Councillors E Davy and P Rainey, and Tasman District Councillors S Bryant, P Canton, B Ensor, T King and T Norriss.
1. Apologies
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Resolved JC/2016/001 THAT apologies be received and accepted from Nelson City Councillors Davy and Rainey, and Tasman District Councillors Bryant, Canton, Ensor, King and Norriss. Edgar/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 3 November 2015
Document number M1570, agenda pages 6 - 10 refer.
|
Resolved JC/2016/002 THAT the minutes of the meeting of the Joint Committee of Tasman District and Nelson City Councils, held on 3 November 2015, be confirmed as a true and correct record. McGurk/Ward Carried |
Attendance: Councillors Fulton and Skinner joined the meeting at 10.05am.
6. Exclusion of the Public
His Worship Mayor Kempthorne explained that Paul Steere, Rob Evans, Simon Orr of Nelson Airport Limited; Matt McDonald and Bronwyn Monopoli of Port Nelson Limited; and Lucinda Blackley-Jimson and Olivia Hall of Tasman Bays Heritage Trust, would be in attendance for Item 4, 5 and 6 respectively of the Public Excluded agenda to answer questions and, accordingly, the following resolution was required to be passed:
|
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 |
Joint Committee Meeting - Public Excluded Minutes - 3 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). |
|
2 |
Nelson Airport Limited 6 monthly presentation
|
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 |
|
3 |
Port Nelson Limited 6 monthly presentation
|
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 |
|
4 |
Tasman Bays Heritage Trust Presentation
|
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 |
The meeting went into public excluded session at 10.05am and resumed in public session at 12.04pm.
7. Re-admittance of the Public
|
Resolved JC/2016/006 THAT the public be re-admitted to the meeting. Ward/Boullir Carried |
There being no further business the meeting ended at 12.04pm.
Confirmed as a correct record of proceedings:
Chairperson
Date
Minutes of a meeting of the Works and Infrastructure Committee
Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson
On Thursday 31 March 2016, commencing at 9.03am
Present: Councillor E Davy (Chairperson), Her Worship the Mayor R Reese, Councillors I Barker, R Copeland, M Lawrey (Deputy Chairperson), G Noonan and T Skinner
In Attendance: Councillors B McGurk and P Matheson, Chief Executive (C Hadley), Group Manager Infrastructure (A Louverdis), Manager Communications and Acting Manager Libraries and Heritage Facilities (P Shattock), Senior Asset Engineer – Transport and Roading (R Palmer), Engineering Adviser (S McAuley), Administration Adviser (G Brown), and Nelson Youth Councillors (H Goldthorpe and F Sawyer)
Apology: Councillor L Acland
1. Apology
|
Resolved WI/2016/017 THAT an apology be received and accepted from Councillor Acland. Davy/Lawrey Carried |
2. Confirmation of Order of Business
The Chairperson advised that since the agenda had been distributed there were three additional public forum presentations.
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 Pip Rene, Stephen Morris and Ben Jurgesen, from the Nelson Farmers Market.
Pip Rene, Stephen Morris and Ben Jurgensen spoke about a proposal to relocate the larger stalls from the Nelson Farmers Market to a new location.
Ben Jurgensen spoke to a handout (A1521588) and gave a PowerPoint presentation (A1525271).
In response to questions, Mr Morris said that due to health and safety issues and time constraints, he believed stall holders would relocate to another location in the future. He added that any area central to the town centre would be considered.
Ms Rene referred to the importance of health and safety and said a traffic management plan could be compiled by the speakers if required.
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Attachments 1 A1521588 - Farmers Market Handout 2 A1525271 - Farmers Market Presentation |
4.2 Jana Henare
Ms Henare spoke about the resurfacing on Toi Toi Street.
In response to questions, Ms Henare said the resurfacing on Toi Toi Street was completed in January 2016 and complaints were given to Council in relation to the poor condition of the resurfacing works. She added that temporary measures had been taken but the issues had occurred again.
In response to a further question, Ms Henare said that she was told by Council that the level of resurfacing was a financial decision in that no further work would be conducted at this area.
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Attachments 1 A1525685 - Jana Henare Presentation |
4.3 Colin Bott, from the Nelson Farmers Market
Mr Bott spoke about the philosophy and purpose of the Nelson Farmers Market.
Mr Bott advised that the Farmers Market was a cooperative society therefore all funds went to the stallholders. He said there were limitations in using Morrison Square for the Farmers Market.
In response to questions, Mr Bott said that stallholders needed to produce 70% of what they sold and that the market closed at 3.30pm, however stallholders did not need to vacate until 4.30pm. He added that to have another farmers market on a Wednesday would negatively impact the Morrison Square Farmers Market.
In response to a question, Mr Bott said that he was satisfied that the Farmers Market was held in a safe environment.
In response to further questions, Mr Bott said that if given the choice stallholders would prefer to hold the Farmers Market at Buxton carpark. He added that the Farmers Market needed to be about local and organic produce.
Mr Bott said that if stallholders wanted to grow in size then they could consider retail space.
4.4 Ken Beckett
Mr Beckett spoke about item 9 of the agenda, Waimea Road Issues and Opportunities report.
In response to questions, Mr Beckett said that he believed embarking on projects on Waimea Road was irresponsible until a decision was made by the New Zealand Transport Agency regarding the Nelson Southern Link investigation. He added that option 1 of the report should be the preferred option.
5. Confirmation of Minutes
5.1 25 February 2016
Document number M1725, agenda pages 7 - 14 refer.
A spelling error was highlighted under ‘Apologies’ and it was suggested the wording be changed in the second paragraph of item 10, Asset Management Planning Updates for Utilities Asset Management Plan 2018-2028, dependent on whether it was an officer or an elected member who made the statement.
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Resolved WI/2016/018 THAT the amended minutes of the meeting of the Works and Infrastructure Committee, held on 25 February 2016, be confirmed as a true and correct record. Davy/Her Worship the Mayor Carried |
6. Status Report - Works and Infrastructure Committee - 31 March 2016
Document number R5652, agenda pages 15 - 19 refer.
Group Manager Infrastructure, Alec Louverdis, presented the report and responded to questions.
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Resolved WI/2016/019 THAT the Status Report Works and Infrastructure Committee 31 March 2016 (R5652) and its attachment (A1150321) be received. Davy/Barker Carried |
7. Chairperson's Report
The Chairperson advised the Committee of a proposed workshop on Tuesday 19 April on the topic of Licences for Street Stalls and Outdoor Dining, including the moratorium on public parking spaces.
Transport and Roading
8. Asset Management Planning Update for Transport Asset Management Plans 2018 - 2028
Document number R5426, agenda pages 20 - 25 refer.
Senior Asset Engineer – Transport and Roading, Rhys Palmer, presented the report.
In response to a question, Mr Palmer advised that the reason for prioritising Atawhai study ahead of the Stoke study was due to the timing of the Nelson Plan. He added that the Stoke study related to the New Zealand Transport Agency (NZTA) Nelson Southern Link investigation and Council would be able to utilise the transportation model developed by NZTA for the Stoke study work.
In response to a further question regarding the need to consider options for governance as referred to in attachment one, Mr Palmer said that the Local Government Act 2002 required Council to review the cost effectiveness of the procurement of all services with respect to governance.
Attendance: Councillor Copeland left the meeting from 10.09am to 10.10am.
Mr Palmer clarified that the ‘One Road Network Classification’ was imposed by NZTA and would affect funding levels. He added that the key decision for Council was whether to accept the current levels of service or provide further local funding for each individual road classification.
It was highlighted that it would be beneficial to include in the review the updated travel delay data gathered from the NZTA Nelson Southern Link investigation model.
There was discussion about Atawhai activities in relation to transport problems and issues from landscape challenges as referenced in attachment one. It was suggested that the landscape issues were not complicated.
In response to a question in relation to paragraph 5.9 of the report, Mr Palmer informed the Committee the main change to the 2015 International Infrastructure Manual was that the Transport Asset Management Plan now required a strong strategic front end that outlined the key drivers.
There was a discussion about the costs of asphalt and non-asphalt (chip seal) surfaces. In response to a question, Mr Palmer said it would need to be considered how much funding NZTA would be willing to pay for One Road Network Classifications. It was agreed that this issue would be added to the review.
|
Resolved WI/2016/020 THAT the report Asset Management Planning Update for Transport Asset Management Plans 2018 - 2028 (R5426) and its attachment (A1496710) be received; AND THAT the items raised with amendments to the schedule within report R5426 be noted for consideration when developing the Asset Management Plans 2018-2028. Davy/Lawrey Carried |
Attendance: The meeting adjourned for morning tea from 10.20am to 10.33am.
9. Waimea Road Issues and Opportunities
Document number R4960, agenda pages 26 - 41 refer.
Senior Asset Engineer – Transport and Roading, Rhys Palmer, and Engineering Adviser, Sue McAuley, presented the report.
It was noted that no assessments of any impact of the implementation of the Nelson Southern Link on the operation of Waimea Road had been undertaken as the NZTA consultation included the possibility of either no Southern Link road or three lanes on Waimea Road.
In response to question, Mr Palmer confirmed that three lanes had not been considered as part of the report but had come into focus after receipt of the NZTA Nelson Southern Link investigation consultation document.
There was a discussion regarding table 5.1 of the report, and Mr Palmer indicated that the opportunities listed in line three; construct bus stop lay by at Ulster Street, line four; provision of pedestrian/cycle refuges on Waimea Road between Tutuka Street and Boundary Road in conjunction with York Stream upgrade and line seven; highlight location of each end of Snow Hills walkway, could be progressed without any implications to the future layout of Waimea Road.
In response to questions, Mr Palmer advised that the refuge on Waimea Road associated with the York Stream upgrade would cost approximately $30,000 and would be funded from the minor improvements program. He added that the other issues listed in table 5.1 would be incorporated in other work streams.
There was general support for the opportunities listed in lines three, four and seven of table 5.1 to be progressed, with consultation on these options to be undertaken with those affected.
|
Resolved WI/2016/021 THAT the report Waimea Road Issues and Opportunities (R4960) and its attachments (A1522595 and A1436204) be received; Davy/Lawrey Carried |
|
Her Worship the Mayor, seconded by Councillor Noonan, moved: AND THAT opportunities three, four and seven in table 5.1 of report (R4960) are supported in principle; AND THAT officers initiate consultation on these opportunities and report feedback to a future meeting of Works and Infrastructure. A concern was raised that it would be beneficial to wait on the outcomes from the NZTA Nelson Southern Link investigation consultation. It was suggested that the only opportunities listed in lines four and seven should be progressed as the refuges on Waimea Road could be wasted work should the Southern Link progress. Councillor Barker, seconded by Councillor Skinner moved an amendment to the first clause. AND THAT opportunities three and seven in table 5.1 of report (R4960) are supported in principle; There was a discussion about opportunity 4 in that the provision of pedestrian/cycle refuges on Waimea Road would provide safety benefits and that the costs were modest. The motion was put and lost, and the meeting returned to consider the original motion.
|
|
Resolved WI/2016/022 AND THAT opportunities three, four and seven in table 5.1 of report (R4960) are supported in principle; AND THAT officers initiate consultation on these opportunities and report feedback to a future meeting of Works and Infrastructure. Her Worship the Mayor/Noonan Carried |
Water, Wastewater, Stormwater
10. Infrastructure Fees and Charges
Document number R4752, agenda pages 42 - 46 refer.
Manager Operations, Peter Anderson, presented the report.
In response to a question, Mr Anderson advised that no further analysis on fees and charges had been undertaken from last year, and that the increase only took into consideration the Consumer Price Index.
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Resolved WI/2016/023 THAT the report Infrastructure Fees and Charges (R4752) and its attachment (A1510346) be received; AND THAT the proposed charges as per attachment (A1510346) be approved effective 1 July 2016. Noonan/Lawrey Carried |
11. Exclusion of the Public
|
Resolved WI/2016/024 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/Lawrey 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 - Public Excluded Minutes - 25 February 2016 |
Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7. |
The withholding of the information is necessary: · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations). |
|
2 |
Status Report - Works and Infrastructure Committee - 31 March 2016
|
Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7 |
The withholding of the information is necessary: · Section 7(2)(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 |
|
3 |
Toi Toi Grove - Transport Connection
|
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 11.20am and resumed in public session at 12.18pm.
12. Re-admittance of the Public
|
Resolved WI/2016/025 THAT the public be re-admitted to the meeting. Davy/Lawrey Carried |
There being no further business the meeting ended at 12.18pm.
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 14 April 2016, commencing at 12.42pm
Present: Councillor P Rainey (Chairperson), Her Worship the Mayor R Reese, Councillor R Copeland, Councillor M Lawrey, Councillor P Matheson, Councillor G Noonan (Deputy Chairperson), Councillor T Skinner and Councillor M Ward
In Attendance: Councillors I Barker, K Fulton and B McGurk, Group Manager Infrastructure (A Louverdis), Group Manager Community Services (C Ward), Manager Communication and Acting Manager Libraries and Heritage Facilities (P Shattock), Manager Administration (P Langley), Administration Adviser (E-J Ruthven) and Youth Councillors (D Leaper and E Edwards)
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
4.1 Cynthia McConville
Cynthia McConville spoke about the contract CLM Fitness had with Nelson City Council for Riverside Pool. She suggested that Riverside Pool’s practice of allowing freedom campers to use the changing facilities may be in contravention of its contract with Council.
In response to questions, Ms McConville said that there were limited showers available for gym and pool users, and when freedom campers used the facilities, they were not available for use by gym and pool users. She added that freedom campers should be directed to use the showers at the superloo in Montgomery Square instead.
In response to further questions she confirmed that adult admission to Riverside Pool was $5, but that staff were charging freedom campers $3 to use the showers.
Attendance: The meeting adjourned for lunch from 12.49pm to 1.17pm, during which time Her Worship the Mayor and Councillor Matheson left the meeting.
5. Confirmation of Minutes
5.1 1 March 2016
Document number M1737, agenda pages 8 - 15 refer.
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Resolved CS/2016/011 THAT the minutes of the meeting of the Community Services Committee, held on 1 March 2016, be confirmed as a true and correct record. Ward/Lawrey Carried |
6. Status Report - Community Services Committee - 14 April 2016
Document number R5720, agenda pages 16 - 18 refer.
Attendance: Her Worship the Mayor and Councillor Matheson returned to the meeting at 1.19pm.
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Resolved CS/2016/012 THAT the Status Report Community Services Committee 14 April 2016 (R5720) and its attachment (A1157454) be received. Rainey/Noonan Carried |
7. Chairperson's Report
There was no Chairperson’s Report.
Recreation and Leisure
8. Community Services Fees and Charges
Document number R4753, agenda pages 19 - 40 refer.
Manager Operations, Peter Anderson, presented the report. He said that the initial sentence under section 9: Broadgreen House should be updated to read “following a review, fees are now retained by Council”.
In response to a question, Mr Anderson explained that higher fees for larger numbers of competitors at the Tahunanui Sport Field was as a result of larger numbers of competitors having a greater impact on the park.
There was a discussion regarding proposed fees for Saxton Stadium and Saxton Oval, and it was noted that the same description was used several times in the Pavilion Hire column, but with different prices listed against each.
Attendance: The meeting adjourned from 1.30pm to 1.31pm.
It was agreed that the item would lie on the table until later in the meeting, to enable further information to be gathered.
Attendance: Her Worship the Mayor left the meeting at 1.33pm.
9. Asset Management Planning Update for Parks and Reserves Asset Management Plan 2018 - 2028
Document number R5427, agenda pages 41 - 47 refer.
Andrew Petheram presented the report.
In response to a question, he explained that the reference to development of a raised boardwalk at Tahuna Beach Reserve was in relation to providing access from the beach camp to the beach, but that work was also continuing in relation to providing wheelchair access to the beach.
It was further noted that submissions to the draft Annual Plan 2016/17 had been received regarding outdoor gym equipment in the Stoke area.
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Resolved CS/2016/013 THAT the report Asset Management Planning Update for Parks and Reserves Asset Management Plan 2018 - 2028 (R5427) and its attachment A1509547 be received and updates noted. Rainey/Ward Carried |
Community Development
10. Youth Services Options and Priorities - Update
Document number R5764, agenda pages 48 - 48 refer.
Group Manager Community Services, Chris Ward, presented the report. He said that work was on-going with different organisations and youth providers, but that more time was required to assess and identify youth options and priorities, and understand gaps in the provision of youth services.
In response to questions, Mr Ward explained that clarity was required in terms of a strategy for youth. He said that the Social Wellbeing Policy was due for review in 2018, but that a youth strategy could be developed separately to this.
In response to further questions, Mr Ward confirmed that there were youth representatives on the Youth and Community Facilities Trust, and said that the report would be brought to the next Community Services Committee meeting.
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Resolved CS/2016/014 THAT the report Youth Services Options and Priorities - Update (R5764) be received. Rainey/Skinner Carried |
reports from committees
11. Nelson Youth Council - Update
Youth Councillors Daniel Leaper and Emma Edwards provided an update on Nelson Youth Council activities, including the Creative Communities Scheme, the provision of a Youth Council Award for Rockquest, a review of the Community Youth Award, a letter written to the Minister of Education to ask for greater careers education support in schools, and a youth survey being undertaken to inform the Youth Council submission to the draft Annual Plan 2016/17. They further noted a photography exhibition underway at The Refinery as part of Heritage Week activities.
12. Nelson Youth Council - 19 October 2015
Document number M1539, agenda pages 49 - 54 refer.
|
Resolved CS/2016/015 THAT the minutes of a meeting of the Nelson Youth Council, held on 19 October 2015, be received. Rainey/Copeland Carried |
13. Nelson Youth Council - 9 February 2016
Document number M1694, agenda pages 55 - 60 refer.
|
Resolved CS/2016/016 THAT the minutes of a meeting of the Nelson Youth Council, held on 9 February 2016, be received. Rainey/Copeland Carried |
14. Nelson Youth Council - 2 March 2016
Document number M1742, agenda pages 61 - 67 refer.
|
Resolved CS/2016/017 THAT the minutes of a meeting of the Nelson Youth Council, held on 2 March 2016, be received. Rainey/Copeland Carried |
15. Exclusion of the Public
|
Resolved CS/2016/018 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: Rainey/Copeland 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 |
Community Services Committee Meeting - Public Excluded Minutes - 1 March 2016 |
Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7. |
The withholding of the information is necessary: · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations). |
|
2 |
Public Excluded Status Report - Community Services Committee - 14 April 2016
|
Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7. |
The withholding of the information is necessary: · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations). |
|
3 |
Nelson Arts Festival Transition Group Membership Attachments include personal information of potential members. |
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 1.54pm and resumed in public session at 2.05pm.
16. Re-admittance of the Public
|
Resolved CS/2016/019 THAT the public be re-admitted to the meeting. Rainey/Ward Carried |
Community Services Fees and Charges - Continued
Document number R4753, agenda pages 19 - 40 refer.
Manager Operations, Peter Anderson, tabled replacement pages from attachment one, relating to Saxton Stadium, Saxton Oval and Broadgreen House (A1537219).
He explained that headings in the table included in the agenda had been missing, and the tabled document separated the descriptions into different hire categories for private functions, non commercial/cultural and community events, and commercial use. He explained how these categories influenced the different hire prices.
In response to a further question, he explained that the hire fee for weddings reflected that additional cleaning costs were required following use of venues for this purpose.
|
Resolved CS/2016/020 THAT the report Community Services Fees and Charges (R4753) and its attachment (A1507700) be received; AND THAT the proposed fees and charges as detailed in attachment 1 (A1507700) of Report R4735 be approved effective 1 July 2016; AND THAT minor corrections be undertaken as outlined through the meeting and these be communicated back via the Councillors’ newsletter; AND THAT it be noted that the charging regime for the Golf Course will be brought to a future Committee meeting; AND THAT it be noted that the charging regime for the Trafalgar Centre will be brought to a future Committee meeting; AND THAT it be noted that the charging regime for Nelson Public Libraries will be brought to a future Committee meeting. Rainey/Copeland Carried |
|
Attachments 1 A1537219 - Tabled document |
There being no further business the meeting ended at 2.16pm.
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 Friday 15 April 2016, commencing at 1.34pm
Present: His Worship the Mayor of Tasman R Kempthorne (Chairperson), Tasman District Councillors T King (Deputy Chairperson), T Norriss and S Bryant, Her Worship the Mayor of Nelson R Reese, Nelson City Councillors P Matheson, P Rainey, B McGurk, I Barker, and E Davy
In Attendance: Nelson City Councillor G Noonan, Group Manager Corporate Services Nelson City Council (N Harrison), Group Manager Community Services Nelson City Council (C Ward), Corporate Services Manager Tasman District Council (M Drummond), and Administration Adviser Nelson City Council (S Burgess)
Apologies: Tasman District Councillors M Higgins and J Edgar for attendance, and T King for lateness
1. Apologies
|
Resolved JSC/2016/001 THAT apologies be received and accepted from Tasman District Councillors Higgins and Edgar for attendance, and King for lateness Norriss/Barker Carried |
2. Confirmation of Order of Business
The Chairperson advised that report four of the public excluded agenda ‘Nelson Airport Ltd – Director Appointments’ would not be considered at the meeting as it was a matter for Nelson City Council.
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 November 2015
Document number M1616, agenda pages 7 - 10 refer.
|
Resolved JSC/2016/002 THAT the minutes of the meeting of the Joint Shareholders Committee, held on 20 November 2015, be confirmed as a true and correct record. Bryant/McGurk Carried |
5.2 20 November 2015 – Public Excluded
Document number M1617, agenda pages 11-12 refer.
|
Resolved JSC/2016/003 THAT the minutes of the meeting of the Joint Shareholders Committee, held on 20 November 2015, be confirmed as a true and correct record. Davy/Barker Carried |
6. Port Nelson Ltd Half Yearly Report
Document number R5675, agenda pages 13 - 20 refer.
Group Manager Corporate Services, Nikki Harrison, presented the report
|
Resolved JSC/2016/004 THAT the report Port Nelson Ltd Half Yearly Report (R5675) and its attachment (A1518795) be received. Davy/McGurk Carried |
7. Tasman Bay Heritage Trust - Statement of Intent and Half Yearly Report
Document number R5612, agenda pages 21 - 58 refer.
Group Manager Community Services, Chris Ward, presented the report. Tasman Bay Heritage Trust Chairperson, Olivia Hall, and Chief Executive, Lucinda Blackley-Jimson, joined the meeting.
Ms Blackley-Jimson spoke about building stronger working relationships with museums in the region. She advised work was being undertaken to assess the museum’s collection, so that a collection policy could be formed.
In response to questions, Ms Hall provided further information on a shared iwi committee with the Suter Art Gallery, and staffing levels versus debt. She advised that after a recent strategic planning session, the Trust was still on track in terms of its Statement of Intent.
Attendance: Tasman District Councillor King joined the meeting at 1.49pm.
|
Resolved JSC/2016/005 THAT the report Tasman Bay Heritage Trust - Statement of Intent and Half Yearly Report (R5612) and its attachments (A1457758, A1512578, A1512577 and A1528731) be received; AND THAT the Joint Shareholders Committee notes the delivery of the Tasman Bays Heritage Trust Draft Statement of Intent 2016/17 (A1512578) as required under the Local Government Act 2002; AND THAT the Tasman Bays Heritage Trust draft Statement of Intent 2016/17 meets the Councils’ expectations and is approved as the final Statement of Intent for 2016/17. Rainey/Bryant Carried |
8. Nelson Airport Half Yearly Report
Document number R5378, agenda pages 59 - 78 refer.
Corporate Services Manager, Mike Drummond, presented the report. Nelson Airport Limited Chairperson, Paul Steere, and Corporate Services Manager, Simon Orr, joined the meeting.
The Committee discussed the Nelson Airport’s financial performance, health and safety performance, and capital programme.
Mr Steere responded to questions about bird strikes, departure tax, security audits, and the earthquake rating of the main terminal.
Councillors raised concerns regarding the layout of parking and pick up/drop off areas. It was also suggested that public transport be considered as part of the Airport developments.
There was discussion regarding the challenge of managing growth and ensuring investment levels were appropriate.
|
Resolved JSC/2016/006 THAT the Joint Shareholders Committee receives the Nelson Airport Ltd - Half Yearly Report (December 2015) report. Davy/Bryant Carried |
9. Exclusion of the Public
It was noted that reference to item four of the public excluded agenda was removed from the original recommendation as the report would not be considered.
Simon Orr and Paul Steere, of Nelson Airport Ltd, were to be in attendance for item 3 of the Public Excluded agenda to answer questions and, accordingly, the following resolution was required to be passed:
|
Resolved JSC/2016/007 THAT, in accordance with section 48(5) of the Local Government Official Information and Meetings Act 1987, Simon Orr and Paul Steere remain after the public has been excluded, for Item 3 of the Public Excluded agenda (Nelson Airport Ltd Statement of Intent 2016/17), as they have knowledge that will assist the Council; AND THAT, in accordance with section 48(6) of the Local Government Official Information and Meetings Act 1987, the knowledge that Simon Orr and Paul Steere possess relates to Nelson Airport Ltd. Bryant/Barker Carried |
||||
|
Resolved JSC/2016/008 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: Bryant/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 |
Nelson Airport Ltd Statement of Intent 2016/17
|
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 2.14pm and resumed in public session at 3.06pm.
10. Re-admittance of the Public
|
Resolved JSC/2016/009 THAT the public be re-admitted to the meeting. Rainey/Bryant Carried |
There being no further business the meeting ended at 3.06pm.
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 Friday 15 April 2016, commencing at 3.12pm
Present: His Worship the Mayor of Tasman R Kempthorne (Chairperson), Her Worship the Mayor of Nelson R Reese, and Nelson City Councillor P Matheson
In Attendance: Nelson City Councillor G Noonan, Group Manager Corporate Services (N Harrison), Manager Organisational Assurance and Emergency Management (R Ball), and Administration Adviser (S Burgess)
Apology: Tasman District Councillor T King
1. Apology
|
Resolved CDEM/2016/001 THAT an apology be received and accepted from Tasman District Councillor King. Her Worship the Mayor of Nelson/Matheson Carried |
2. Interests
There were no updates to the Interests Register, and no interests with items on the agenda were declared.
3. Confirmation of Minutes
3.1 20 November 2015
Document number M1618, agenda pages 4 - 6 refer.
|
Resolved CDEM/2016/002 THAT the minutes of the meeting of the Civil Defence Emergency Management Group, held on 20 November 2015, be confirmed as a true and correct record. Her Worship the Mayor of Nelson/His Worship the Mayor of Tasman Carried |
3.2. 20 November 2015 – Public Excluded
Document number M1619, agenda pages 7 - 8 refer.
|
Resolved CDEM/2016/003 THAT the minutes of part of the meeting of the Civil Defence Emergency Management Group, held with the public excluded on 20 November 2015, be confirmed as a true and correct record. Her Worship the Mayor of Nelson/His Worship the Mayor of Tasman Carried |
Reports From Committees
5. Civil Defence Emergency Management Group - Coordinating Executive Group - 30 March 2016
Document number M1805, agenda pages 9 - 14 refer.
Manager Organisational Assurance and Emergency Management, Roger Ball, presented the Coordinating Executive Group minutes and highlighted key points of interest.
|
Resolved CDEM/2016/004 THAT the unconfirmed minutes of a meeting of the Civil Defence Emergency Management - Coordinating Executive Group, held on 30 March 2016, be received. His Worship the Mayor of Tasman/Matheson Carried |
There being no further business the meeting ended at 3.25pm.
Confirmed as a correct record of proceedings:
Minutes of a meeting of the Governance Committee
Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson
On Thursday 21 April 2016, 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, G Noonan, and P Rainey, Mr J Murray and Mr J Peters
In Attendance: Councillor M Lawrey, Group Manager Community Services (C Ward), Group Manager Corporate Services (N Harrison), Senior Strategic Adviser (N McDonald), Manager Administration (P Langley), Manager Communications (P Shattock), Administration Adviser (S Burgess), and Youth Councillors (C Collins and T Shuker)
1. Apologies
There were no apologies
2. Interests
John Murray advised that as he was no longer involved with Crowe Horwath, the auditors for the Bishop Suter Trust, he no longer had a conflict of interest and could participate in the related item.
The Chairperson advised he would vacate the chair for the public forum item on the Tahunanui Beach Holiday Park.
3. Confirmation of Order of Business
The Chairperson advised of one late item for the public part of the meeting, and that the following resolution needed to be passed for the item to be considered:
3.1 Insurance Renewal 2016/17 Infrastructure Assets - Referral to Council
|
Resolved GOV/2016/026 THAT the item regarding Insurance Renewal 2016/17 Infrastructure Assets - Referral to Council 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. Noonan/McGurk Carried |
4. Public Forum
Attendance: Councillor Barker declared an interest and vacated the chair. Deputy Chairperson, Councillor Acland, assumed the chair.
4.1 Tahunanui Beach Holiday Park
Seddon Marshall, Chairperson of Tahunanui Beach Holiday Park Board, spoke about the performance of the Park. He thanked Council for its loan for the installation of heat pumps, and presented a cheque of $50,000 to Mayor Reese, as payment towards that loan.
Attendance: Councillor Acland departed the chair; Councillor Barker resumed the chair.
5. Confirmation of Minutes
5.1 3 March 2016
Document number M1747, agenda pages 10 - 17 refer.
|
Resolved GOV/2016/027 THAT the minutes of the extraordinary meeting of the Governance Committee, held on 3 March 2016, be confirmed as a true and correct record. Murray/Fulton Carried |
6. Status Report - Governance Committee 21 April
It was noted there was no status report.
7. Chairperson's Report
The Chairperson provided detail on ANZAC activities and encouraged councillors to attend the various ceremonies.
|
Resolved GOV/2016/028 THAT the Chairperson’s oral report be received Barker/Acland Carried |
8. Sister Cities Update - April 2016
Document number R5529, agenda pages 18 - 22 refer.
Sister Cities Coordinator, Gail Collingwood, presented the report and highlighted key points.
|
Resolved GOV/2016/029 THAT the report Sister Cities Update - April 2016 (R5529) and its attachment (A1523258) be received. Davy/Fulton Carried |
9. The Bishop Suter Trust draft Statement of Intent 2016/17 and Half Yearly Report
Document number R5352, agenda pages 23 - 71 refer.
Group Manager Community Services, Chris Ward, presented the report. Bishop Suter Trust Director, Julie Catchpole, and Board Members, Gabrielle Hervey and Ian McLennan, joined the meeting.
Attendance: Her Worship the Mayor left the meeting from 9.24am to 9.26am.
The Committee discussed the Trust’s request for $20,000 to allow free admission to the Suter Art Gallery in 2016/17. In response to questions, Mr McLennan provided detail on previous methods for donations, the development of a draft strategic plan, fundraising, financial statements and Trust beneficiaries.
Ms Catchpole provided detail on the redevelopment of the Suter Art Gallery and spoke about the desire to remove any financial barrier to access.
In response to a question, Mr Ward advised the officer’s recommendation would not preclude the Trust from offering free entry to all visitors.
|
Resolved GOV/2016/030 THAT the report The Bishop Suter Trust draft Statement of Intent 2016/17 and Half Yearly Report (R5352) and its attachments (A1512564, A1512571, A1463949 & A1512573) be received; AND THAT the Committee notes the delivery of the Bishop Suter Trust Draft Statement of Intent 2016/17 (A1512571) as required under the Local Government Act 2002. Acland/Rainey Carried |
Councillor Matheson, seconded by Councillor Davy, moved the recommendation to Council in the officer report:
THAT the Bishop Suter Trust Statement of Intent 2016/17 (A1512571) meets Council’s expectations and is approved as the final Statement of Intent for 2016/17;
AND THAT a one off grant of $10,000 be allocated to the Suter to allow free entry for locals for the 2016/17 year;
AND THAT the Trust report back to Council as part of its preparation of the 2017/18 draft Statement of Intent on the positive and negative impacts of free entry for locals.
Councillor Fulton, seconded by Councillor Rainey, moved an amendment to increase the grant to $15,000 and remove the words ‘for locals’ in clause two of the motion.
The Committee discussed the amendment. With the agreement of the mover and seconder, the proposed grant was increased to $20,000 and the reference to ‘for locals’ in the third clause was removed:
THAT the Bishop Suter Trust Statement of Intent 2016/17 (A1512571) meets Council’s expectations and is approved as the final Statement of Intent for 2016/17;
AND THAT a one off grant of $20,000 be allocated to the Suter to allow free entry for the 2016/17 year;
AND THAT the Trust report back to Council as part of its preparation of the 2017/18 draft Statement of Intent on the positive and negative impacts of free entry.
Committee members spoke for and against the amendment. The amendment was put and carried and became the substantive motion.
|
Recommendation to Council GOV/2016/031 THAT the Bishop Suter Trust Statement of Intent 2016/17 (A1512571) meets Council’s expectations and is approved as the final Statement of Intent for 2016/17; AND THAT a one off grant of $20,000 be allocated to the Suter to allow free entry for the 2016/17 year; AND THAT the Trust report back to Council as part of its preparation of the 2017/18 draft Statement of Intent on the positive and negative impacts of free entry. Fulton/Rainey Carried
|
10. Half Yearly Reports - Nelson Regional Economic Development Agency and Tourism Nelson Tasman Ltd.
Document number R5589, agenda pages 72 - 110 refer.
Group Manager Community Services, Chris Ward, presented the report. Nelson Regional Economic Development Agency (EDA) Chief Executive, Bill Findlater, and Chairperson, Robin Whalley joined the meeting.
Mr Whalley provided an update on progress of the Nelson Regional Economic Development Agency Transition Group.
Attendance: Councillor Fulton left the meeting from 10.14am to 10.16am.
Mr Findlater thanked Council for its support of his role for the past 12 years. He spoke about key projects he had been involved with and highlighted the benefits these projects had brought to the Nelson economy.
The Mayor and Deputy Mayor thanked Mr Findlater for his contribution to Nelson.
In response to a question, Mr Ward advised Council was taking legal advice on the requirements for merging the funds of the EDA and Tourism Nelson Tasman, and the result would be reported back to the Governance Committee.
|
Resolved GOV/2016/032 THAT the report Half Yearly Reports - Nelson Regional Economic Development Agency and Tourism Nelson Tasman Ltd. (R5589) be received; AND THAT the Half Yearly report of the Nelson Regional Economic Development Agency (A1511501) be received; Davy/Matheson Carried |
Tourism Nelson Tasman Director, Sharon McGuire, and Chief Executive, Lynda Keene, joined the meeting.
In response to questions, Ms McGuire provided further detail on brochure advertising, online bookings, social media platforms and the domestic market.
|
Resolved GOV/2016/033 AND THAT the Half Yearly report of Tourism Nelson Tasman Ltd. (A1511411) be received. Her Worship the Mayor/Acland Carried |
Attendance: The meeting adjourned for morning tea from 10.41am to 11.00am, during which time Her Worship the Mayor left the meeting.
11. Service Level Reviews Progress Update
Document number R5577, agenda pages 111 - 117 refer.
Policy Adviser, Gabrielle Thorpe, presented the report.
|
Resolved GOV/2016/034 THAT the report Service Level Reviews Progress Update (R5577) and its attachment (A1528999) be received. Davy/Noonan Carried |
Attendance: Her Worship the Mayor returned to the meeting and Councillor Fulton left the meeting at 11.02am.
12. Draft Health and Safety Management System Strategic Plan
Document number R4207, agenda pages 118 - 157 refer.
Manager Organisational Assurance and Emergency Management, Roger Ball, presented the report.
It was queried why there was no reference to expectations of councillors in the Strategic Plan. Mr Ball advised the Strategic Plan focussed on expectations of Council at business level, but could cross reference the Health and Safety Management System Governance Charter with respect to expectations of councillors.
Attendance: Councillor Fulton returned to the meeting at 11.06am.
In response to questions, Mr Ball spoke about the planned dissemination of the Strategic Plan to the leadership of the organisation. He explained officers would continue to develop the appropriate level of hazard metrics for Council’s mainly office environment.
|
Resolved GOV/2016/035 THAT the report Draft Health and Safety Management System Strategic Plan (R4207) and its attachment (A1398549) be received; AND THAT the Draft Health and Safety Management System Strategic Plan be amended to include expectations of Councillors as outlined in the Health and Safety Management System Governance Charter and advice from the Institute of Directors. McGurk/Peters Carried |
|
Recommendation to Council GOV/2016/036 THAT the amended Draft Health and Safety Management System Strategic Plan (A1398549) be approved. McGurk/Peters Carried
|
13. Responses to Mr Neal's public forum, 3 March 2016
Document number R5726, agenda pages 158 - 214 refer.
Senior Strategic Advisor, Nicky McDonald, presented the report.
|
Resolved GOV/2016/037 THAT the report Responses to Mr Neal's public forum, 3 March 2016 (R5726) and its attachments (A1512793, A1530211, A1534021, and A1533960) be received; AND THAT it be noted that the allegation of collusion has been considered and found to have no basis. Davy/Fulton Carried |
Attendance: Her Worship the Mayor left the meeting at 11.21am
14. Audit, Risk and Finance Subcommittee - 31 March 2016
Document number M1801, agenda pages 215 - 221 refer.
|
Resolved GOV/2016/038 THAT the unconfirmed minutes of a meeting of the Audit, Risk and Finance Subcommittee, held on 31 March 2016, be received. Peters/Murray Carried |
14.1 Extension of loan facility to the Melrose Society
|
Recommendation to Council GOV/2016/039 THAT the $15,000 funding allocated towards asbestos remediation in Melrose House in 2016/17 be brought forward to 2015/16 and be used to grant fund the Melrose Society for the purpose of toilet refurbishment; AND THAT an additional unbudgeted grant of up to $42,000 is provided to the Melrose Society for the purpose of toilet renovations in the 2015/16 financial year; AND THAT the Melrose Society be informed that no further grants will be made by Council to the Melrose Society for the toilet refurbishment and chiller installation project. Peters/Noonan Carried |
14.2 Corporate Report to 31 January 2016
In response to questions, Group Manager Community Services, Chris Ward provided background detail on the proposed funding carry forward.
|
Recommendation to Council GOV/2016/040 THAT the unspent 2015/16 Community Investment Fund operational budget of $21,300 be carried forward to the 2016/17 financial year, bringing the total budget for 2016/17 for the Community Investment Fund to $327,000. Peters/Noonan Carried |
15. Commercial Subcommittee - 31 March 2016
Document number M1803, agenda pages 222 - 225 refer.
|
Resolved GOV/2016/041 THAT the unconfirmed minutes of a meeting of the Commercial Subcommittee, held on 31 March 2016, be received. Murray/Noonan Carried |
16. Insurance Renewal 2016/17 Infrastructure Assets - Referral to Council
Document number R5809, late items agenda pages 2 - 3 refer.
In response to a question, Group Manager Corporate Services, Nikki Harrison, explained Council was awaiting a report from Tonkin and Taylor regarding an earthquake and flood assessment of Council’s assets for the purposes of assessing insurance cover.
|
Resolved GOV/2016/042 THAT the report Insurance Renewal 2016/17 Infrastructure Assets - Referral to Council (R5809) be received; AND THAT the Committee refers the matter of the 2016/17 infrastructure assets insurance renewal to Council for consideration at its meeting on 5 May 2016. Peters/Davy Carried |
REPORTS FROM COMMITTEES
17. Exclusion of the Public
Rob Gunn and Lee Babe, of Nelmac 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 GOV/2016/043 THAT, in accordance with section 48(5) of the Local Government Official Information and Meetings Act 1987, Rob Gunn and Lee Babe remain after the public has been excluded, for Item 5 of the Public Excluded agenda (Nelmac half yearly report and draft Statement of Intent 2016/17), as they have knowledge that will assist the Council; AND THAT, in accordance with section 48(6) of the Local Government Official Information and Meetings Act 1987, the knowledge that Rob Gunn and Lee Babe possess relates to Nelmac Limited. Acland/Matheson Carried |
|
Resolved GOV/2016/044 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: Acland/Matheson 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 |
Governance Committee Meeting - Public Excluded Minutes - 3 March 2016 |
Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7. |
The withholding of the information is necessary: · Section 7(2)(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)(h) To enable the local authority to carry out, without prejudice or disadvantage, commercial activities |
|
2 |
Nelmac half yearly report and draft Statement of Intent 2016/17
|
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) |
|
3 |
Potential exit from Ridgeways Joint Venture
|
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 |
Commercial Subcommittee Meeting - Public Excluded Minutes - 31 March 2016 These minutes contain a recommendation to Governance Committee and Council regarding Forestry |
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)(h) To enable the local authority to carry out, without prejudice or disadvantage, commercial activities. |
The meeting went into public excluded session at 11.32am and resumed in public session at 12.47pm, during which time Her Worship the Mayor returned to the meeting.
18. Re-admittance of the Public
|
Resolved GOV/2016/045 THAT the public be re-admitted to the meeting. Peters/Rainey Carried |
There being no further business the meeting ended at 12.48pm.
Confirmed as a correct record of proceedings:
Chairperson
Date
Minutes of a meeting of the Planning and Regulatory Committee
Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson
On Thursday 21 April 2016, commencing at 12.50pm
Present: Councillor B McGurk (Chairperson), Councillor I Barker, Councillor E Davy, Councillor K Fulton (Deputy Chairperson), Councillor M Lawrey, Councillor M Ward and Ms G Paine
In Attendance: Councillors P Matheson, G Noonan and P Rainey, Group Manager Strategy and Environment (C Barton), Manager Building (M Brown), Manager Communications and Acting Manager Libraries and Heritage Facilities (P Shattock), Manager Administration (P Langley), Administration Adviser (E-J Ruthven), and Youth Councillors (C Collins and T Shuker)
Apologies: Her Worship the Mayor, and Councillor Copeland
1. Apologies
|
Resolved PR/2016/014 THAT apologies be received and accepted from Her Worship the Mayor and Councillor Copeland. Barker/Davy 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
4.1 Karena Shannon and Tonia Allen
Mary Ellen O’Connor introduced Karena Shannon, landlord, and Tonia Allen, property manager, who spoke about the rental property warrant of fitness scheme, and tabled a document (A1537774).
Ms Shannon said that the development of a warrant of fitness scheme for rental properties was positive, as it would help her protect a major asset, and take proactive steps to be the best landlord possible. She added that it would be useful for rental properties that were maintained to a good standard to be recognised.
Ms Allen outlined her property management experience, and noted she was currently working for Bayleys. She said that a warrant of fitness scheme was appropriate to ensure rental properties were clean, tidy, warm and secure, and that such properties were easier to rent out and attracted more stable tenants. She said that the costs to landlords of a warrant of fitness scheme were not high, and that Bayleys was considering undertaking its own warrant of fitness scheme for rental properties.
In response to questions, Ms Allen explained that rental prices were unlikely to increase as a result of a warrant of fitness scheme, but that a scheme may increase certainty in the property market. She added that the level of rental prices did not determine the quality of tenants.
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Attachments 1 A1537774 - Public Forum Tabled Document |
Attendance: The meeting adjourned for lunch from 1.06pm to 1.26pm.
5. Public Forum: Voice Nelson - Proposal for Nelson City Council to adopt a Warrant of Fitness for Rental Housing
Document number R5760, agenda pages 37 - 39 refer.
Attendance: The Chair explained that the meeting would consider item 10, Public Forum: Voice Nelson – Proposal for Nelson City Council to adopt a Warrant of Fitness for Rental Housing prior to the rest of the agenda.
Manager Building, Martin Brown, presented the report. He said that a formatting issue had lead to a paragraph on page 38 of the agenda being obscured by a table, and tabled a replacement page 38 (A1537590).
In response to a question, Mr Brown explained that the potential for rent increases as a result of a warrant of fitness scheme was based on the likelihood that lower-level rental properties may require the greatest amount of work to achieve a warrant of fitness, thereby leading to higher rents for the sector of the market least able to afford rent increases.
In response to further questions, Mr Brown explained the current legislative framework in relation to minimum housing standards. He said it was unclear whether warrants of fitness for rental properties could be enforced by Council, and whether there was any mechanism for Council to recover associated costs from landlords.
There was a discussion regarding whether landlords could voluntarily undertake a warrant of fitness scheme, and Mr Brown confirmed that there was no impediment to landlords choosing to meet the standards on the proposed warrant of fitness checklist. Group Manager Strategy and Environment, Clare Barton, added that, currently, there was insufficient staff resource available to confirm whether landlords had voluntarily met the proposed warrant of fitness standards.
Ms Barton noted further that the recommendation to wait 12 months before taking any further action would allow Council to understand how the pilot cities had dealt with the issues raised during discussion.
Councillor Barker, seconded by Ms Paine, moved the recommendation in the officer report.
Attendance: The meeting adjourned from 1.57pm to 2.03pm.
Councillor Fulton, seconded by Councillor Lawrey moved an amendment to the second clause:
AND THAT the Planning and Regulatory Committee consider a Warrant of Fitness for Rental Housing Scheme in May 2017.
The committee discussed the amendment. Committee members in favour of the amendment suggested that the benefits of a warrant of fitness scheme for rental properties were clear, and that there was no need to reassess the merits of a scheme in 2017. Committee members against the amendment suggested that the wording of the original clause was sufficient to allow the Committee to consider the experiences of the pilot cities in 2017.
There was further discussion regarding whether there were any other steps that Council could take prior to reconsidering the warrant of fitness scheme for rental properties in 2017.
Following discussion, and with the agreement of the meeting, the mover and seconder of the amendment added an additional clause:
AND THAT staff continue to use non-regulatory approaches to support the intentions of a Warrant of Fitness for rental housing scheme in the interim.
A variety of views for and against the inclusion of the additional clause in the amendment were expressed.
Committee members in support of the additional clause noted that there was a good chance that warrants of fitness for rental properties may be required in the future, and that there were benefits to any further action regarding minimum standards for rental housing that Council could take, for example through conversations with landlords. Committee members against the additional clause suggested that the clause was vague in its requirements of staff, and addressed matters on an operational, rather than governance, level.
Attendance: The meeting adjourned from 2.17pm to 2.21pm.
The amendment was passed and became the substantive motion.
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Resolved PR/2016/015 THAT this report Public Forum: Voice Nelson - Proposal For Nelson City Council to adopt a Warrant of Fitness for Rental Housing (R5760) be received; AND THAT the Planning and Regulatory Committee consider a Warrant of Fitness for Rental Housing Scheme in May 2017; AND THAT staff continue to use non-regulatory approaches to support the intentions of a Warrant of Fitness for rental housing scheme in the interim. Barker/Paine Carried |
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Attachments 1 A1537590 - Tabled document - replacement page 38 |
Councillor Barker requested that his vote against the motion be recorded.
6. Confirmation of Minutes
6.1 18 February 2016
Document number M1711, agenda pages 6 - 16 refer.
Councillor Matheson explained that he had left the previous meeting for item 12, and had not returned.
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Resolved PR/2016/016 THAT the minutes of the meeting of the Planning and Regulatory Committee, held on 18 February 2016, be confirmed as a true and correct record. Paine/Fulton Carried |
7. Status Report - Planning and Regulatory Committee - 21 April 2016
Document number R5773, agenda pages 17 - 18 refer.
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Resolved PR/2016/017 THAT the Status Report Planning and Regulatory Committee 21 April 2016 (R5773) and its attachment (A1155974) be received. McGurk/Ward Carried |
8. Chairperson's Report
Document number R5779, agenda pages 19 - 20 refer.
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Resolved PR/2016/018 THAT the Chairperson's Report (R5779) be received and the contents noted. McGurk/Paine Carried |
9. Parking and Vehicle Control Bylaw (2011), No 207 Amendments to Schedules
Document number R5605, agenda pages 27 - 36 refer.
Attendance: The Chair explained that item 9, Parking and Vehicle Control Bylaw (2011), No 207 Amendments to Schedules would be considered before item 8, Parking and Vehicle Control Bylaw (2011), No 207 Amendment to Bylaw.
Team Leader Roading and Solid Waste, Marg Parfitt, presented the report.
In response to a question, Ms Parfitt explained that Alton Street had requested an additional two P15 parks, as the two existing P15 parks had been removed to create the linger node.
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Resolved PR/2016/019 THAT the report Parking and Vehicle Control Bylaw (2011), No 207 Amendments to Schedules (R5605) and its attachments (A1515405, A1515274, A1515439, A1515461, and A1515457) be received; AND THAT the amendments detailed in report R5605 to the following Schedules of Bylaw No 207, Parking and Vehicle Control (2011), be approved: - Schedule 4: Special Parking Areas; - Schedule 9: No Stopping. Ward/Fulton Carried |
10. Parking and Vehicle Control Bylaw (2011), No 207 Amendment to Bylaw
Document number R5493, agenda pages 21 - 26 refer.
Group Manager Strategy and Environment, Clare Barton, presented the report.
In response to questions, Ms Barton advised that vehicle removal would take place prior to the market set-up, and would exclude stall holder vehicles displaying the appropriate permits.
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Resolved PR/2016/020 THAT the report Parking and Vehicle Control Bylaw (2011), No 207 Amendment to Bylaw (R5493) and its attachment (A1511934) be received. Ward/Barker Carried |
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Recommendation to Council PR/2016/021 THAT the addition of Clause 22.2 of Bylaw 207 Parking and Vehicle Control to enable the recovery of costs for moving or removing an unauthorised vehicle parked in the licensed area for the operation of the Market between 3.00am and 2.30pm on Saturdays and Sundays be approved; AND THAT the alteration to Schedules 5 and 9 of Bylaw 207 Parking and Vehicle Control to prohibit public parking in Montgomery Square for the operation of the Market be approved. Ward/Barker Carried
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11. Submission on Progressive Enterprises Ltd Private Plan Change Application
Document number R5658, agenda pages 40 - 44 refer.
Group Manager Strategy and Environment, Clare Barton, presented the report.
In response to a question, Ms Barton explained that the written submission addressed issues on a broad level, and that, detailed evidence regarding the issues noted in the submission could be provided during the resource consent hearing.
The committee discussed the proposed submission and agreed that there were clear issues with the proposed development regarding the potential effects for the Stoke commercial centre, and the ability of the roading network to support a greater volume of traffic in this area.
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Resolved PR/2016/022 THAT the report Submission on Progressive Enterprises Ltd Private Plan Change Application (R5658) and its attachment (A1518105) be received; AND THAT the submission (A1518105) on the Private Plan Change application to the Tasman Resource Management Plan by Progressive Enterprises Ltd is confirmed. Ward/Lawrey Carried |
There being no further business the meeting ended at 2.40pm.
Confirmed as a correct record of proceedings:
