Minutes of a meeting of the Nelson City Council
Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson
On Thursday 15 December 2016, commencing at 9.07am
Present: Her Worship the Mayor R Reese (Chairperson), Councillors L Acland, I Barker, M Courtney, B Dahlberg, K Fulton, M Lawrey, P Matheson, B McGurk, G Noonan, M Rutledge, T Skinner and S Walker
In
Attendance: Chief Executive (C Hadley), Group Manager
Infrastructure
(A Louverdis), Group Manager Strategy and Environment
(C Barton),Group Manager Corporate Services (N Harrison), Senior Strategic
Adviser (N McDonald), Kaihautu/General Manager Maori (T Olsen), Manager
Communications
(P Shattock), Manager Administration (P Langley), Team Leader Administration
Advisers (Robyn Byrne), and Administration Advisers (L Canton and E-J Ruthven)
Opening Prayer
Councillor Noonan gave the opening prayer.
2. Confirmation of Order of Business
Her Worship the Mayor explained that there were three late items, and procedural resolutions were required in order for Council to consider these matters.
2.1 Mayor’s Report – Additional Matter: Beach Bus
Attendance: Councillor Barker declared an interest in this item, and noted he would leave the table when the substantive matter was discussed.
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Resolved CL/2016/305 That the Council Considers the item regarding Mayor’s Report – Additional Matter: Beach Bus at this meeting as a major late 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. |
2.2 Freedom Camping – 2016/17 Summer
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Resolved CL/2016/306 That the Council Considers the item regarding Freedom Camping – 2016/17 Summer at this meeting as a major late 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. |
2.3 Special resolution – Nelson Airport Limited borrowing facility
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Resolved CL/2016/307 That the Council Considers the public excluded item regarding Special resolution – Nelson Airport Limited borrowing facility 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. |
Her Worship the Mayor outlined additional changes to the order of business, explained that alternative recommendations would be proposed for several items during the course of the meeting, and noted that a petition had been received encouraging Council to implement a freedom camping bylaw in the central business district.
There were no updates to the Interests Register, and the following interests with items on the agenda were noted:
Councillor Rutledge declared an interest in relation to item 22.2 (Natureland Capital Grant).
Councillor Walker declared an interest in relation to item 6 on the public excluded agenda (Potential Remedies for Public Disorder in the CBD).
4.1 Tim Bayley
Tim Bayley spoke about cycleways and footpaths, and the proposal to take the St Vincent Street Cycleway through ANZAC Park.
He gave a Power Point presentation (A1680113) and tabled a document (A1681269), which he spoke to.
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1 A1680113 - Tim Bayley - Public forum - power point 2 A1681269 - Tim Bayley - public forum - tabled document |
Steve Cross spoke about the Housing Accord. He said he believed that the Housing Accord should be rated high significance rather than low-medium, and suggested following Queenstown Lakes District Council’s approach to the matter.
4.4 Tony Davies - Save the Maitai Track Group
Tony Davies, from Save the Maitai Track Group, spoke about the Out and About – On Tracks Strategy. He explained that the group was a Facebook group whose members largely supported keeping the Maitai Track a shared use path. Mr Davies tabled messages from children regarding the path (A1681328) and said he did not believe there was sufficient evidence to justify restricting the path to walkers only.
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1 A1681328 - Anthony Davies - public forum - Save the Maitai Track group - tabled document |
Brittany Norman spoke about cycle traffic along the Maitai River. She urged Council to support Option One of the Supplementary Report on the Maitai Walkway as the most inclusive option and suggested that signage, education and survey measures be trialled before a complete ban of cyclists over the most accessible section of track was considered.
4.5 Olwen Murphy
Olwen Murphy spoke about the Out and About – On Tracks Strategy and in particular its impact on the Maitai Walkway. She presented a 220 signature petition (A1681300) which she said was signed by people of all demographics who walked and cycled in the area, supporting the pathway as a shared community space.
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1 A1681300 - Olwen Murphy - public forum - tabled document |
4.6 Laura Irish, Daniell Allan and Lloyd Harwood - Tiny Nelson Theatre Trust
Laura Irish, Daniell Allan and Lloyd Harwood, from Tiny Nelson Theatre Trust, spoke about funding for the Trust.
In response to questions the group confirmed that they had received funding from Network Tasman, and had indicative support from the Rata Foundation conditional on Council support for the project. They estimated there was demand for approximately 200 individual or group users per year.
5.1 10 November 2016
Document number M2186, agenda pages 22 - 35 refer.
Minor corrections to the minutes regarding Councillors leaving and returning to the meeting were noted.
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Resolved CL/2016/308 That the Council Confirms the minutes of the meeting of the Council, held on 10 November 2016 and as amended at this meeting, as a true and correct record. |
5.2 1 December 2016 - Extraordinary Meeting
Document number M2245, agenda pages 36 - 38 refer.
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Resolved CL/2016/309 That the Council Confirms the minutes of the extraordinary meeting of the Council, held on 1 December 2016, as a true and correct record. |
6. Status Report - Council - 15 December 2016
Document number R6924, agenda pages 39 - 52 refer.
Officers answered questions regarding the pending decision from the Commerce Commission on the Regional Landfill – Joint Venture Proposal, the Future of Green Waste tendering process, and the Haven Precinct Project Progress Report.
It was noted that the Chief Executive and the Mayor would discuss how the outcomes of the Nelson Cycle Lift Society business case could be communicated to councillors.
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Resolved CL/2016/310 That the Council Receives the Status Report Council 15 December 2016 (R6924) and its attachment (A1168168). |
Attendance: The meeting adjourned for morning tea from 10.30am to 10.48am.
Document number R6889, agenda pages 53 - 57 refer.
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Resolved CL/2016/311 That the Council Receives the Mayor's Report (R6889) |
7.1 Earthquake Response and Assistance
Manager Organisation Assurance and Emergency Management, Roger Ball, provided an update regarding the response to the Kaikoura earthquake of 14 November 2016.
Mr Ball noted that the upper South Island was in a period of heightened seismic activity, and emphasised the key messages, to ‘drop, cover, hold’ during an earthquake, and with regards to tsunami risk, ‘if it is long and strong, get gone’. He also encouraged all Nelson residents to make emergency plans, and to communicate these with their neighbours.
Mr Ball answered questions regarding business continuity planning, methods for disseminating tsunami warning information, and how to communicate emergency management messages to visitors/tourists staying in Nelson.
7.2 Nelson Southern Link Investigation – Priority Project
Her Worship the Mayor presented this part of the report.
Councillor Noonan, seconded by Councillor Dahlberg, moved the recommendation in the report.
Councillors discussed the motion a variety of views for and against the motion were expressed.
Attendance: Councillor Acland left the meeting from 11.24am to 11.26am.
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Resolved CL/2016/312 That the Council Agrees that the Mayor writes to the New Zealand Transport Agency and the Minister of Transport confirming that progressing the Nelson Southern Link Investigation is a priority for Council, and raising concern about the pressure on the existing arterial network. |
The motion was passed 10-3 on a show of hands.
Attendance: Councillor Lawrey left the meeting from 11.35am to 11.38am.
7.3 Huangshi Visit
The recent delegation to, and communications from Huangshi were noted.
7.4 Mayor’s Christmas Dinner
Her Worship the Mayor thanked volunteers involved in planning the Mayor’s Christmas Dinner.
7.5 Strategic Planning Day
Kaihautu/General Manager Maori, Tāmati Olsen, explained the translation for each of Council’s chosen values, and emphasised the correct pronounciation of each.
8. Mayor's Report - Additional Matter: Beach Bus
Document number 6939, supplementary agenda pages 5-6 refers.
Attendance: Councillor Barker declared an interest and left the table at 11.45am.
The Chief Executive, Clare Hadley, presented the report, and answered questions regarding the proposed fare, bus route and timetable.
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Resolved CL/2016/313 That the Council Receives the Mayor's Report - Additional Matter: Beach Bus (R6939); and Approves the delegation to the Chief Executive to a limit of $15,000 from the Special Economic Projects fund for the Beach Bus initiative, subject to a satisfactory officer assessment of the initiative. |
Attendance: Councillor Barker returned to the table at 11.56am.
9. CBD Enhancement: Support for the Tiny Nelson Theatre
Document number R6802, agenda pages 58 - 77 refer.
Attendance: Councillor Matheson left the meeting from 11.57am to 11.58am, and Councillor Dahlberg declared an interest and left the meeting at 11.58am.
Senior Strategic Adviser, Nicky McDonald, presented the report. She answered questions regarding other external funding opportunities, and potential budgets from which Council support for this project could be drawn.
Attendance: Councillor Rutledge left the meeting from 11.59am to 12.01pm, Councillor Noonan left the meeting from 12.00pm to 12.02pm, and Councillor Lawrey left the meeting from 12.01pm to 12.02pm.
Councillor Fulton, seconded by Her Worship the Mayor, moved the recommendation in the officer report, substituting the words “unbudgeted operation” with the words “from the Economic Development Fund”.
There was a discussion regarding the timeframe for the Trust to raise additional funding, whether Council funding of $20,000 was appropriate or would be sufficient to enable the Trust to successfully secure the remaining funding, and whether the Nelson Regional Development Agency (NRDA) should have any involvement in assessing the project. It was clarified that the Special Economic Projects Fund did not require any input from the NRDA.
During discussion it was clarified that the motion should refer to the Special Economic Projects Fund, rather than the Economic Development Fund, and the mover and seconder agreed to this.
Councillor Lawrey, seconded by Councillor Fulton, moved an amendment to the second clause of the motion to read
Approves an allocation of $30,000 funding, being $20,000 from the Special Economic Projects Fund, and an additional allocation of $10,000 unbudgeted operational funding, in 2016/17 to support establishment of a Tiny Nelson Theatre in the Kirby Lane development subject to the Chief Financial Officer’s assessment that the project has the necessary funding and is able to proceed.
Attendance: Councillor Matheson left the meeting from 12.16pm to 12.17pm.
The amendment was discussed, and a variety of views for and against the amendment were noted.
The amendment was put and lost, 7-5, on a show of hands.
The meeting returned to consider the substantive motion.
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Resolved CL/2016/314 That the Council Receives the report CBD Enhancement: Support for the Tiny Nelson Theatre (R6802) and its attachment (A1668862); and Approves an allocation of $20,000 funding from the Special Economic Projects Fund in 2016/17 to support establishment of a Tiny Nelson Theatre in the Kirby Lane development subject to the Chief Financial Officer’s assessment that the project has the necessary funding and is able to proceed. |
Attendance: Councillor Dahlberg returned to the meeting at 12.22pm.
10. Easter Sunday Shop Trading Policy
Document number R6725, agenda pages 95 - 150 refer.
Senior Strategic Adviser, Nicky McDonald, and Policy Adviser, Gabrielle Thorpe, presented the report.
They answered questions regarding the decisions of other local authorities to pursue Easter Sunday Shop Trading policies, the results of the web-based and phone surveys undertaken, whether there was demand in the Nelson community for Easter Sunday trading, the timeframes and work-load priorities relating to pursuing a policy now or sometime in the future, and the legislation in relation to whether employees would be compelled to work on Easter Sunday, should a policy be developed.
Councillor Fulton, seconded by Councillor Lawrey, moved the recommendation in the officer report.
Councillor Barker, seconded by Councillor Dahlberg, moved an amendment to remove the second clause of the motion and replace it with
Decides to delay the release of a draft Easter Sunday Shop Trading policy, with a view to allowing trading for Easter 2018.
Councillors discussed the amendment, and a variety of views for and against were expressed.
The amendment was put and lost 7-6 on a show of hands.
The meeting returned to consider the substantive motion, and a variety of views for and against the motion were expressed.
The motion was put and a division was called.
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Councillor Acland |
Aye |
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Councillor Barker |
No |
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Councillor Courtney |
No |
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Councillor Dahlberg |
Abstention |
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Councillor Fulton |
Aye |
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Councillor Lawrey |
Aye |
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Councillor McGurk |
Aye |
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Councillor Matheson |
No |
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Councillor Noonan |
Aye |
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Councillor Rutledge |
No |
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Councillor Skinner |
Aye |
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Councillor Walker |
Aye |
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Her Worship the Mayor |
Aye |
The motion was carried, 8-4, with one abstention.
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Resolved CL/2016/315 That the Council Receives the report Easter Sunday Shop Trading Policy (R6725) and its attachments (A1668446, A1673267, A1672464, A1672458, A1672959 and A1672979); and Decides not to pursue an Easter Sunday Shop Trading Policy. |
Attendance: The meeting adjourned for lunch from 1.00pm to 1.39pm, during which time Councillor Barker left the meeting.
11. Housing Accord and Special Housing Areas Act
Document number R6721, agenda pages 78 - 94 refer.
Group Manager Strategy and Environment, Clare Barton, and Development Projects Planner, Lisa Gibellini, presented the report. They advised that the Ministry of Business, Innovation and Employment had requested that the Nelson Housing Accord should be extended until 3 August 2017, rather than 28 July 2017, for administrative reasons, and that clause three of the recommendation should be updated accordingly.
Ms Gibellini tabled a document updating the resource consent status for current Special Housing Areas within Nelson (A1680641), and confirmed that an additional application for Special Housing Area had been received, which would be reported to Council early in 2017.
Attendance: Councillor Barker returned to the meeting at 1.41pm.
Councillor Matheson, seconded by Her Worship the Mayor, moved the recommendation in the officer report, with the substitution of 3 August 2017 for 28 July 2017 in the third clause.
Councillor McGurk, seconded by Councillor Acland, moved an amendment to add an additional clause:
Confirms that no new applications are considered until a review of the Nelson Housing Accord has been completed.
The amendment was discussed and a variety of views for and against were expressed.
The amendment was put and lost, and the meeting returned to the substantive motion.
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Resolved CL/2016/316 That the Council Receives the report Housing Accord and Special Housing Areas Act (HASHAA) (R6721) and its attachment (A1671585); and Notes the changes that the Housing Legislation Amendment Act 2016 has made to HASHAA; and Approves the extension of the existing Nelson Housing Accord in attachment 1 (A1671585) to 3 August 2017; and Requests that a report be brought to Council in March 2017 to enable consideration of HASHAA and a Housing Accord over the extended term of the Act; and Notes that following Council providing direction on the report in March 2017, expressions of interest for new Special Housing Areas may be able to be considered. |
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1 A1680461 - Tabled document - SHA current status |
12. Trafalgar Centre Reopening - Update
Document number R6789, agenda pages 151 - 164 refer.
Capital Projects Contractor, Richard Kirby, presented the report. He outlined the history of the project, noted the reasons why additional elements had been added as the project had progressed, and explained the further proposed additional expenditure for items identified within the report.
Mr Kirby answered questions regarding the capitalisation of operational funding, the additional items proposed to be added now as well as those identified in the report for Council consideration in the future, and what potential users of the Trafalgar Centre might require when hiring the venue.
Venues Marketing Officer, Lynette Hartgill, joined the meeting and answered questions regarding consultation undertaken with local, national and international event promoters, and how competitive the Trafalgar Centre would likely be, should the proposed upgrades not be undertaken.
Councillor Fulton, seconded by Councillor McGurk, moved the recommendation in the officer report.
Mr Kirby answered further questions regarding the potential costs Council would have faced in demolishing and re-building the Trafalgar Centre, and the type of construction contract utilised for the project.
There was a discussion regarding the Trafalgar Theatre elements of the project, and Mr Kirby answered questions regarding the requirement for acoustic engineering advice and weight limits for elements to be hung from the roof.
Councillors discussed the motion, and how the venues might be used in the future.
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Resolved CL/2016/317 That the Council Receives the report Trafalgar Centre Reopening - Update (R6789); and Approves funding for High Definition light cabling in the Trafalgar Centre ceiling ($30,000) and the purchase of aluminium rigging ($10,000); and Approves $227,800 funding for further functional improvements as set out in Table 10.6 in report R6789; and Approves utilising up to $50,000 from the Trafalgar Centre theatre space budget of $1,169,915 in the Annual Plan 2016/17 to obtain acoustic advice on implementing the theatre space within the Trafalgar Centre and the outcomes of that advice be considered as part of the Annual Plan 2017/18. |
13. Nelson Events Strategy Funding Application South Island Masters Games 2017
Document number R6858, agenda pages 165 - 191 refer.
Attendance: Councillor Matheson left the meeting from 2.38pm to 2.40pm.
The Chief Executive, Clare Hadley, presented the report. She noted alterations to the officer recommendation to take into account any potential funding by Tasman District Council for the event.
Councillors discussed the officer recommendation, and whether Council funding should be contingent upon the organisers of the event promoting Nelson-based accommodation suppliers and businesses.
Councillor Rutledge, seconded by Councillor Barker, moved
That the Council
Receives the report Nelson Events Strategy Funding Application South Island Masters Games 2017 (R6858) and its attachments (A1671467, a1671474 and A1671477);
Approves funding of up to $75,000 for the Tasman Regional Sports Event Trust (final approval of the amount to be delegated to the Chief Executive, taking into account any contribution from Tasman District Council), through the Events Marketing and Development Programme, for the 2017 South Island Masters Games subject to all contractual conditions being agreed to; and
Encourages the Tasman Regional Sports Trust to consider opportunities to promote Nelson-based businesses in materials provided to participants.
Councillors discussed the motion, and how the promotion of Nelson-based businesses could occur.
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Resolved CL/2016/318 That the Council Receives the report Nelson Events Strategy Funding Application South Island Masters Games 2017 (R6858) and its attachments (A1671467, a1671474 and A1671477); Approves funding of up to $75,000 for the Tasman Regional Sports Event Trust (final approval of the amount to be delegated to the Chief Executive, taking into account any contribution from Tasman District Council), through the Events Marketing and Development Programme, for the 2017 South Island Masters Games subject to all contractual conditions being agreed to; and Encourages the Tasman Regional Sports Trust to consider opportunities to promote Nelson-based businesses in materials provided to participants. |
14. Anzac Park Link - Concept Design Approval
Document number R6850, agenda pages 192 - 219 refer.
Senior Asset Engineer – Transport and Roading, Rhys Palmer, presented the report.
Councillor Matheson, seconded by Her Worship the Mayor, moved
That the Council
Receives the report Anzac Park Link - Concept Design Approval (R6850) and its attachment (A1669707); and
Approves design and construction of option 3 (as presented in report R6617) - Haven Road shared path adjacent to ANZAC Park, noting that construction will commence in 2016/17, with work including a pedestrian refuge on Rutherford Street, at an estimated total cost of $255,000; and
Approves a re-allocation of $58,000 from within the overall Walk Cycle Programme to the Haven Road shared path adjacent to ANZAC Park project; and
Notes the primary purpose of this project is to connect the St Vincent Street cycleway to the central business district; and
Notes that for the network of cycleways to function effectively, an arterial cycle route to connect The Wood and Nelson East will be required; and
Notes that connection of the Haven Road shared path to the Maitai Path would be best achieved via a cycle facility that runs through the Halifax/Rutherford Street signalised intersection and alongside Paru Paru Road and this will be considered in the 2018/28 Long Term Plan and 2018/2021 Regional Land Transport Plan.
Mr Palmer answered questions regarding the proposed designs of the path through Anzac Park (option 1) and along Haven Road (option 3), the potential loss of carparks and trees through option 3, the level of the RSA’s support of option 1, the level of traffic movements on Haven Road, the potential for future connections with Paru Paru Road and the Maitai Shared Path, potential cyclist numbers likely to use a shared pathway, and how the shared pathway might intersect with the Southern Link, should this be constructed in the future.
Attendance: The meeting adjourned from 3.32pm to 3.51pm.
15. Extension of Meeting
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Resolved CL/2016/319 That the Council Extends the meeting time beyond six hours, in accordance with Standing Order 3.3.7. |
16. Anzac Park Link - Concept Design Approval (continued)
The meeting returned to consider the motion on the table.
Councillor McGurk, seconded by Councillor Acland, moved an amendment
That the Council
Receives the report Anzac Park Link - Concept Design Approval (R6850) and its attachment (A1669707); and
Approves design and construction of option 1 (as presented in report R6617) - Haven Road shared path through ANZAC Park, noting that construction will commence in 2016/17, with work including a pedestrian refuge on Rutherford Street, at an estimated total cost of $260,000; and
Approves a re-allocation of $63,000 from within the overall Walk Cycle Programme to the Haven Road ANZAC Park Link project; and
Notes the primary purpose of this project is to connect the St Vincent Street cycleway to the central business district; and
Notes that for the network of cycleways to function effectively, an arterial cycle route to connect The Wood and Nelson East will be required; and
Notes that connection of the Haven Road shared path to the Maitai Path would be best achieved via a cycle facility that runs through the Halifax/Rutherford Street signalised intersection and alongside Paru Paru Road and this will be considered in the 2018/28 Long Term Plan and 2018/2021 Regional Land Transport Plan.
Councillors discussed the amendment, and a variety of views for and against it were expressed. During discussion concerns were raised regarding the proposed design of the shared path through ANZAC Park, and Mr Palmer and Property Parks and Facilities Asset Manager, Andrew Petheram, answered questions regarding drainage and best-practice design in relation to parks.
The amendment was put and lost.
The meeting returned to consider the substantive motion, and a variety of views for and against were expressed.
The motion was put and a division was called.
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Councillor Acland |
No |
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Councillor Barker |
Aye |
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Councillor Courtney |
Aye |
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Councillor Dahlberg |
Aye |
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Councillor Fulton |
Aye |
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Councillor Lawrey |
No |
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Councillor McGurk |
Aye |
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Councillor Matheson |
Aye |
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Councillor Noonan |
Aye |
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Councillor Rutledge |
Aye |
|
Councillor Skinner |
Aye |
|
Councillor Walker |
Aye |
|
Her Worship the Mayor |
Aye |
The motion was passed, 11-2.
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Resolved CL/2016/320 That the Council Receives the report Anzac Park Link - Concept Design Approval (R6850) and its attachment (A1669707); and Approves design and construction of option 3 (as presented in report R6617) - Haven Road shared path adjacent to ANZAC Park, noting that construction will commence in 2016/17, with work including a pedestrian refuge on Rutherford Street, at an estimated total cost of $255,000; and Approves a re-allocation of $58,000 from within the overall Walk Cycle Programme to the Haven Road shared path adjacent to ANZAC Park project; and Notes the primary purpose of this project is to connect the St Vincent Street cycleway to the central business district; and Notes that for the network of cycleways to function effectively, an arterial cycle route to connect The Wood and Nelson East will be required; and Notes that connection of the Haven Road shared path to the Maitai Path would be best achieved via a cycle facility that runs through the Halifax/Rutherford Street signalised intersection and alongside Paru Paru Road and this will be considered in the 2018/28 Long Term Plan and 2018/2021 Regional Land Transport Plan. |
Her Worship the Mayor advised that the meeting would consider item 22 (Sports and Recreation Committee minutes of 24 November 2016 and its recommendations to Council), prior to considering item 13 (Parks and Reserves Tracks Strategy – Supplementary Report on the Maitai Walkway).
17. Sports and Recreation Committee - 24 November 2016
Document number M2216, agenda pages 373 - 379 refer.
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Resolved CL/2016/321 That the Council Receives the unconfirmed minutes of a meeting of the Sports and Recreation Committee, held on 24 November 2016. Skinner/Rutledge Carried |
17.1 Natureland Capital Grant
Attendance: Councillor Rutledge declared an interest and left the meeting at 4.15pm.
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Resolved CL/2016/322 That the Council Approves the request from Natureland Wildlife Trust to spend the remaining $35,000 capital grant allocation towards projects in 2016/17, adjusting budgets accordingly. |
Attendance: Councillor Rutledge retuned to the meeting at 4.16pm.
17.2 Parks and Reserves Tracks Strategy
Her Worship the Mayor advised that this recommendation had been superseded by the report Parks and Reserves Track Strategy – Supplementary Report on the Maitai Walkway.
18. Parks and Reserves Tracks Strategy - Supplementary Report on the Maitai Walkway
Document number R6855, agenda pages 220 - 272 refer.
Attendance: Councillor Matheson left the meeting from 4.16pm to 4.17pm.
Property Parks and Facilities Asset Manager, Andrew Petheram, presented the report. He answered questions regarding the route that cyclists would need to take to avoid the proposed walking-only section of the Maitai shared path.
Councillor Fulton, seconded by Councillor Skinner, moved the recommendation in the officer report.
Councillor Lawrey, seconded by Councillor McGurk, moved an amendment
That the Council
Receives the report Parks and Reserves Tracks Strategy - Supplementary Report on the Maitai Walkway (R6855) and its attachments (A1673557 and A1673008); and
Adopts the Parks and Reserves Tracks Strategy ‘Out and About – On Tracks’ (A1657732) and the ’Implementation Plan – Proposed Tracks and MTB Hubs’ (A1575993) and corrected and amended ‘Proposed Tracks Location Maps’ (A1595471); and
Retains shared use and installs signage along the section of the Maitai Walkway from Domett Street to Jickells Bridge encouraging courtesy, sharing the path and slow speed; and following implementation
Undertakes an onsite survey of user attitudes on the Maitai Walkway from Domett Street to Jickells Bridge; and
Includes in the 2017/18 Annual Plan, with budget details to be advised later, a project to undertake modifications to the lower Maitai Valley Road from Nile Street to Branford Park to include a shared path; and following implementation
Undertakes a further onsite survey of user attitudes to inform a decision on future access to the Maitai Walkway from Domett Street to Jickells Bridge.
Mr Petheram answered further questions regarding consultation undertaken for the Strategy, the various groups that had been involved during consultation and how such groups represented different sectors of the Nelson community, issues around perceived risk, and the reasons for proposing a walking-only section of the Maitai shared path. He answered additional questions regarding other walking-only and cycling-only tracks within the Strategy, additional grade 2 mountain bike tracks in other areas of Nelson, how a survey of track users would be undertaken, and further work required to identify an off-road cycle route on Maitai Valley Road.
It was clarified that bicycles with wheel diameters less than 14-inches could not be banned from any pathway and as such many children would still be able to bike this section of the track.
Councillors discussed the amendment, and a variety of views for and against the amendment were expressed.
The amendment was put and a division was called
|
Councillor Acland |
Aye |
|
Councillor Barker |
No |
|
Councillor Courtney |
No |
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Councillor Dahlberg |
No |
|
Councillor Fulton |
No |
|
Councillor Lawrey |
Aye |
|
Councillor McGurk |
Aye |
|
Councillor Matheson |
Aye |
|
Councillor Noonan |
No |
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Councillor Rutledge |
Aye |
|
Councillor Skinner |
No |
|
Councillor Walker |
No |
|
Her Worship the Mayor |
Aye |
The amendment was lost, 7-6.
The meeting returned to consider the substantive motion.
Councillor Courtney, seconded by Councillor Barker, moved
That the Council
Terminates debate and puts the motion immediately, in accordance with Standing Order 3.12.3.
Her Worship the Mayor did not accept the closure motion, in accordance with Standing Order 3.12.2, as there had been less than two speakers for and two speakers against the substantive motion.
Councillors discussed the substantive motion, and a variety of views for and against the motion were expressed.
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Resolved CL/2016/323 That the Council Receives the report Parks and Reserves Tracks Strategy - Supplementary Report on the Maitai Walkway (R6855) and its attachments (A1673557 and A1673008); and Adopts the Parks and Reserves Tracks Strategy ‘Out and About – On Tracks’ (A1657732) and the ’Implementation Plan – Proposed Tracks and MTB Hubs’ (A1575993) and corrected and amended ‘Proposed Tracks Location Maps’ (A1595471); and Agrees to the section of Maitai Walkway from the lower Nile Street Bridge at Domett Street to Cloustons Bridge to exclude Mountain Biking; and Retains shared use and installs signage along the section of the Maitai Walkway from Cloustons Bridge to Jickells Bridge encouraging courtesy, sharing the path and slow speed; and following implementation Undertakes an onsite survey of user attitudes on the Maitai Walkway from the lower Nile Street Bridge at Domett Street to Cloustons Bridge and from Cloustons Bridge to Jickells Bridge; and Includes in the 2017/18 Annual Plan, with budget details to be advised later, a project to undertake modifications to the lower Maitai Valley Road from Nile Street to Branford Park to include a shared path; and following implementation Undertakes a further onsite survey of user attitudes to inform a decision on future access to the Maitai Walkway from Cloustons Bridge to Jickells Bridge. |
Attendance: The meeting adjourned from 5.16pm to 5.24pm, during which
time Councillors Barker, Fulton and Noonan left the meeting.
Document number R6671, agenda pages 274 - 292 refer.
The Chief Executive, Clare Hadley, presented the report.
Attendance: Councillors Barker and Noonan returned to the meeting at 5.25pm, and Councillor Fulton returned to the meeting at 5.27pm.
Mrs Hadley answered questions regarding the status, membership and quorum for the proposed Saxton Field Committee. She explained an additional clause to the recommendation to remove Saxton Field from the Sports and Recreation Committee’s delegations.
Attendance: Councillor Matheson left the meeting from 5.29pm to 5.31pm.
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Resolved CL/2016/324 That the Council Receives the report Saxton Field Governance (R6671) and its attachments (A1540212, A1342334 and A1653606) be received; and Approves the following recommendations, subject to Tasman District Council resolving similarly: That Council: - Establishes the Saxton Field Committee as a joint committee of Nelson City and Tasman District Councils to provide governance for Saxton Field; - Approves the terms of reference for the Saxton Field Committee (A1342334) - Confirms that the terms of reference for the Saxton Field Committee (A1342334) constitute an agreement as required under Schedule 7, s30A, of the Local Government Act 2002; and Appoints the Chairs of Sports and Recreation Committee and Community Services Committee as Nelson City Council members of the Saxton Field Committee; and
Amends the Nelson City Council Delegations Register as follows: - Include the Saxton Field Committee delegations; and - Amend the delegations of the Sports and Recreation Committee, to include a note under the area of responsibility of ‘Parks and Reserves’ to state “Saxton Field is a matter for the Saxton Field Committee”. |
20. Brook Valley Holiday Park: Options to Re-open
Document number R6605, agenda pages 273a – 273i refer.
Manager Operations and Asset Management, Peter Anderson, presented the report.
Councillor Skinner, seconded by Councillor Walker, moved an alternative recommendation to that contained in the officer report:
That the Council
Receives the report Brook Valley Holiday Park: Options to reopen (R6605); and
Approves the full reopening of the Brook Valley Holiday Park, camp sites and all cabins immediately (option two in the report) but noting mattresses, bedding and heaters will not be replaced in the cabins at this time; and
Approves unbudgeted capital expenditure of $16,000 will be required, and $38,000 operational expenditure; and
Requests a review be
undertaken at the end of the first quarter, 31 March 2017; and
Approves a rate of $10 per night for freedom campers.
Mr Anderson answered questions regarding reputational and security risks, what the operational funding would be used for in terms of making the camp ready to open, and the timeframes associated with completing this work. He answered further questions regarding the operating budget and an assessment that would take place at the conclusion of the summer.
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Resolved CL/2016/325 That the Council Receives the report Brook Valley Holiday Park: Options to reopen (R6605); and Approves the full reopening of the Brook Valley Holiday Park, camp sites and all cabins immediately (option two in the report) but noting mattresses, bedding and heaters will not be replaced in the cabins at this time; and Approves unbudgeted capital expenditure of $16,000 will be required, and $38,000 operational expenditure; and Requests a review
be undertaken at the end of the first quarter, 31 March 2017; and |
21. Review of appointments to external organisations
Document number R6854, agenda pages 293 - 305 refer.
Manager Community Partnerships, Shanine Hermsen, presented the report, and explained amendments and additional clauses to the officer recommendation. She tabled documents outlining appointments to external organisations (A1679884) and councillor liaison appointments (A1681035).
Attendance: Councillor Lawrey left the meeting from 5.53pm to 5.55pm.
It was noted that in both tabled documents, the word “liaison” should be removed from the column heading on the far right, and from the row relating to the Tasman Bays Heritage Trust Appointments Committee.
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Resolved CL/2016/326 That the Council Receives the report Review of appointments to external organisations (R6854) and its attachments (A1550138 and A1554165); and Approves the proposed Council Policy regarding external appointments per attachment two (A1554165); and Approves the proposed changes to replace formal Council appointments on external organisations with Councillor liaison roles as outlined in table one in R6854; and Delegates the appropriate Committees of Council, as set out in document A1678994, to determine Councillor Liaison appointments to external organisations and groups that are within the committees’ areas of responsibility; and Appoints councillors to the external organisations and groups, as set out in document A1681035; and Updates the Delegations Register accordingly. |
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1 A1679884 - Tabled document - Appointments to External Organisations 2 A1681035 - Tabled document - Councillor Liaison Appointments |
22. Review of Selection, Appointment and Remuneration Policy for External Appointees on Council Committees
Document number R6644, agenda pages 306 - 318 refer.
Manager Administration, Penny Langley, presented the report.
She answered questions regarding the reasons for including external appointees on committees, the responsibilities of external appointees, how their interests were recorded, and remuneration for the positions. She clarified that the policy did not apply to appointments to sub-committees, and did not address appointment to more than one committee.
During discussion, councillors noted the advice from the Office of the Auditor-General that the committee with responsibility for audit, risk and finance matters should be chaired by an externally appointed member.
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Resolved CL/2016/327 That the Council Receives the report Review of Selection, Appointment and Remuneration Policy for External Appointees on Council Committees (R6644) and its attachment (A1667136); and Adopts the reviewed Selection, Appointment and Remuneration Policy for External Appointees on Council Committees (A1667136). |
23. Schedule of Council Meetings 2017 - 2019
Document number R6884, agenda pages 319 - 357 refer.
Manager Administration, Penny Langley, presented the report.
There was a discussion regarding meeting start times, and how to ensure electronic diaries were populated with meetings dates.
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Resolved CL/2016/328 That the Council Receives the report Schedule of Council Meetings 2017 - 2019 (R6884) and its attachment (A1676634); and Adopts the schedule of meetings outlined in Attachment 1 (A1676634). |
24. Hearing Panel - Other 15 November 2016
Document number A1661838, agenda pages 358 - 359 refer.
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Resolved CL/2016/329 That the Council Receives the unconfirmed minutes of a meeting of the Hearing Panel – Other, held on 15 November 2016. |
25. Works and Infrastructure Committee - 17 November 2016
Document number M2199, agenda pages 360 - 368 refer.
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Resolved CL/2016/330 That the Council Receives the unconfirmed minutes of a meeting of the Works and Infrastructure Committee, held on 17 November 2016. |
25.1 Alton Street - Licence to occupy
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Resolved CL/2016/331 That the Council Approves the extension of Fish Stop’s existing licence to occupy two carparks in Alton Street for the purposes of outdoor dining for five years, expiring December 2021, subject to the following upgrades as outlined in report 6347: · the lessee purchasing tables, chairs and umbrellas of a uniform design; and · painting the exterior of the structure to the satisfaction of Council Officers. |
25.2 Capital Expenditure Programme 2016-17 Quarter 1 Progress Report
Her Worship the Mayor advised that the final clause of the recommendation to Council, regarding Little-Go Stream, would be taken separately.
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Resolved CL/2016/332 That the Council Removes project 2591 Suburban Club private drain subsidised storm water from the 2016/17 budget, noting that $34,235 will not be spent in the current financial year; and Transfers $500,000 from the current 2016/17 financial year for project 2689 Saxton Creek upgrade to the 2017/18 budget, to align with the scheduled construction programme; and Approves the inclusion of an additional amount of $404,000 as a commitment in the 2017/18 budget for completion of project 1187 Neale Park sewer pump station upgrade, and to allow early tendering of the physical works in the current financial year; and Transfers $2million from the current 2016/17 financial year for project 1187 Neale Park sewer pump station upgrade to the 2017/18 budget, to align with the scheduled construction programme; and Transfers $600,000 from the current 2016/17 financial year for project 2213 Rocks Road Cycling and Walking Project to the 2017/18 budget, to align with the timing of the Southern Link Investigation Business Case; and Transfers $200,000 from the current 2016/17 financial year for project 1716 Awatea Place Sewer Pump Station Upgrade to the 2017/18 budget, to align with the scheduled delivery programme. |
Attendance: Her Worship the Mayor declared an interest in the clause
relating to Little-Go Stream, and left the meeting at 6.24pm. Councillor
Matheson assumed the Chair at 6.24pm.
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Resolved CL/2016/333 That the Council Transfers $400,00 from the current 2016/17 financial year for project 2865 Little-Go Stream Stormwater Upgrade Stage 3, Allan Street Intake, to the 2017/18 budget, to align resources following the completion of stage 2. |
Attendance: Her Worship the Mayor returned to the meeting and resumed the Chair at 6.24pm.
26. Community Services Committee - 24 November 2016
Document number M2221, agenda pages 369 - 372 refer.
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Resolved CL/2016/334 That the Council Receives the unconfirmed minutes of a meeting of the Community Services Committee, held on 24 November 2016. |
27. Joint Shareholders Committee - 29 November 2016
Document number M2228, agenda pages 380 - 381 refer.
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Resolved CL/2016/335 That the Council Receives the unconfirmed minutes of a meeting of the Joint Shareholders Committee, held on 29 November 2016. |
28. Joint Committee - 29 November 2016
Document number M2230, agenda pages 382 – 386 refer.
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Resolved CL/2016/336 That the Council Receives the unconfirmed minutes of a meeting of the Joint Committee, held on 29 November 2016. |
29. Planning and Regulatory Committee - 1 December 2016
Document number M2239, agenda pages 387 - 390 refer.
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Resolved CL/2016/337 That the Council Receives the unconfirmed minutes of a meeting of the Planning and Regulatory Committee, held on 1 December 2016. |
30. Governance Committee - 1 December 2016
Document number M2243, agenda pages 391 - 402 refer.
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Resolved CL/2016/338 That the Council Receives the unconfirmed minutes of a meeting of the Governance Committee, held on 1 December 2016. |
30.1 Health and Safety: Quarterly Report
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Resolved CL/2016/339 That the Council Notes the report Health and Safety Quarterly Report (R6491) and its attachments (A1394804 and A1651702). |
30.2 Internal Audit Report to 30 September 2016
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Resolved CL/2016/340 That the Council Approves that the Internal Audit Plan to 30 June 2017 (A1562649) be amended to defer internal audits for the Liability Management Policy and the Investment Policy to 2017/18, and prioritise Business Continuity Planning. |
31. Chief Executive Employment Committee - 2 December 2016
Document number M2251, agenda pages 403 - 407 refer.
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Resolved CL/2016/341 That the Council Receives the unconfirmed minutes of a meeting of the Chief Executive Employment Committee, held on 2 December 2016. |
32. Regional Transport Committee - 5 December 2016
Document number M2253, agenda pages 408 - 412 refer.
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Resolved CL/2016/342 That the Council Receives the unconfirmed minutes of a meeting of the Regional Transport Committee, held on 5 December 2016. |
33. Freedom Camping – 2016/17 Summer
Document number 6938, supplementary agenda pages 7-24 refer.
Group Manager Infrastructure, Alec Louverdis, presented the report and explained the recommendations contained therein.
He answered questions regarding the provision of wifi and additional services to be provided to freedom campers, the resource consent process to be followed in designating areas near the central business district for freedom camping, and how to manage large events for which increased parking in areas specified for freedom camping may be required.
There was a discussion regarding communications with freedom campers and with the Nelson community, regarding the areas specified for freedom camping and the services to be provided.
Attendance: Councillors Acland and Fulton left the meeting from 6.47pm to 6.49pm.
Councillor Skinner, seconded by Councillor Barker, moved
That the Council
Receives the report Freedom Camping – 2016/17 Summer (R6938) and its attachments (A1679285) and (A1680239); and
Approves up to three priority locations for freedom camping (as listed below), and approves unbudgeted expenditure up to $80,000 for the 2016/17 summer period ending 1 April 2017, without provision for wifi:
· Akersten hardstand;
· Rutherford Park;
· Haven Road beside Anzac Park.
Councillors discussed the motion, and a variety of views were expressed.
Her Worship the Mayor, seconded by Councillor Dahlberg, moved an amendment to remove the words “without provision for wifi” from the second clause.
Councillors discussed the amendment. The amendment was put and carried and became the substantive motion.
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Resolved CL/2016/343 That the Council Receives the report Freedom Camping – 2016/17 Summer (R6881) and its attachments (A1679285) and (A1680239); and Approves
up to three priority locations for freedom camping (as listed below), and
approves unbudgeted expenditure up to $80,000 for the 2016/17 summer period
ending 1 April 2017: · Akersten hardstand; · Rutherford Park; · Haven Road beside Anzac Park. |
Attendance: Councillor Lawrey left the meeting from 7.03pm to 7.04pm.
There was a discussion regarding whether item 6 on the Public Excluded agenda (Potential Remedies for Public Disorder Issues in the CBD) should be considered in the public excluded part of the meeting. It was noted that the meeting should move into public excluded session in order to consider whether this item should be considered in public or public excluded session.
Attendance: Councillor Matheson left the meeting at 7.07pm.
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Resolved CL/2016/344 That the Council Excludes the public from the following parts of the proceedings of this meeting. The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows: |
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Item |
General subject of each matter to be considered |
Reason for passing this resolution in relation to each matter |
Particular interests protected (where applicable) |
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1 |
Council Meeting - Public Excluded Minutes - 10 November 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)(g) To maintain legal professional privilege. · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).
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2 |
Public Excluded Status Report - Council - 15 December 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)(g) To maintain legal professional privilege · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) |
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3 |
Community housing management contract
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Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7 |
The withholding of the information is necessary: · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) |
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4 |
Potential Remedies for Public Disorder Issues in the CBD
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Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7 |
The withholding of the information is necessary: · Section 7(2)(g) To maintain legal professional privilege |
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5 |
Community Services Committee Meeting - Public Excluded Minutes - 24 November 2016 These minutes contain a recommendation to Council regarding: 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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6 |
Sports and Recreation Committee Meeting - Public Excluded Minutes - 24 November 2016 These minutes contain a recommendation to Council regarding” 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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7 |
Joint Shareholders Committee Meeting - Public Excluded Minutes - 29 November 2016 These minutes contain no recommendation to Council. |
Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7. |
The withholding of the information is necessary: · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations). |
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8 |
Joint Committee Meeting - Public Excluded Minutes - 29 November 2016 These minutes contain no recommendation to Council. |
Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7. |
The withholding of the information is necessary: · Section 7(2)(b)(ii) To protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information. · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations). |
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9 |
Governance Committee Meeting - Public Excluded Minutes - 1 December 2016 These minutes contain recommendations to Council regarding: Nelmac Ltd – matters for Statement of Expectation 2017/18 Bishop Suter Trust – Statement of Expectation 2017/18 Nelson Regional Development Agency – Statement of Expectation 2017/18 Commercial Leases – Reliance 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)(b)(ii) To protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information. · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).
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10 |
Chief Executive Employment Committee Meeting - Public Excluded Minutes - 2 December 2016 These minutes contain a recommendation to Council regarding: Complaint from Shaun Fahey |
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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11 |
Special resolution – Nelson Airport Limited borrowing facility |
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. |
Councillor Skinner requested that his vote against the motion be recorded.
The meeting went into public excluded session at 7.10pm and resumed in public session at 9.47pm, during which time Councillor Fulton left the meeting.
35. Re-admittance of the Public
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Resolved CL/2016/345 That the Council Re-admits the public to the meeting. |
There being no further business the meeting ended at 9.48pm.
Confirmed as a correct record of proceedings:
Chairperson
Date