Agenda of Council - 9 March 2017

N-logotype-black-wide Nelson City Council

9 March 2017

Page No.

Opening Prayer

1. Apologies

1.1 An apology has been received from Councillor Matt Lawrey

2. Confirmation of Order of Business

3. Interests

3.1 Updates to the Interests Register

3.2 Identify any conflicts of interest in the agenda

4. Public Forum

Nil

5. Mayor's Report

6. Adoption of the Consultation Document for the Annual Plan 2017/18 4 - 10

Document number R7068

Recommendation

That Council

Receives the report Adoption of the Consultation Document for the Annual Plan 2017/18 (R7068) and its attachments (A1643248 and A1670929); and

Adopts the draft Annual Plan 2017/18 as an accurate reflection of the proposed variations to year three of the Long Term Plan 2015-25; and

Adopts the Consultation Document for the draft Annual Plan 2017/18 as a reflection of the significant variations that Council seeks public feedback on; and

Agrees that the Mayor, Deputy Mayor and Chief Executive be delegated to approve any minor amendments required to the draft Annual Plan 2017/18 or the Consultation Document prior to consultation starting.

Public Excluded Business

7. Exclusion of the Public

Recommendation

That 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:

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	Statement of Claim - Lewis Stanton	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

Item

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Particular interests protected (where applicable)

Statement of Claim - Lewis Stanton

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

8. Re-admittance of the public

Recommendation

That Council

Re-admits the public to the meeting.

Note:

· Youth Councillors Liam Bloomfield and Luke Wilkes will be in attendance at this meeting. (delete as appropriate)

Council

9 March 2017

REPORT R7068

Adoption of the Consultation Document for the Annual Plan 2017/18

1. Purpose of Report

1.1 To adopt the Consultation Document for the Annual Plan 2017/18 and the draft Annual Plan on which it is based.

2. Summary

2.1 Council is required to prepare and adopt an Annual Plan for each financial year. A Consultation Document must be prepared as the basis for consultation with the community where there are material variations to the work programme as set out in the Long Term Plan.

2.2 The rates rise proposed in the draft Annual Plan 2017/18 is 2.8%. This is in line with what was proposed for 2017/18 through the Long Term Plan 2015-25.

3. Recommendation

It is recommended that the Council

That Council

Receives the report Adoption of the Consultation Document for the Annual Plan 2017/18 (R7068) and its attachments (A1643248 and A1670929) ; and

Adopts the draft Annual Plan 2017/18 as an accurate reflection of the proposed variations to year three of the Long Term Plan 2015-25; and

Adopts the Consultation Document for the draft Annual Plan 2017/18 as a reflection of the significant variations that Council seeks public feedback on; and

Agrees that the Mayor, Deputy Mayor and Chief Executive be delegated to approve any minor amendments required to the draft Annual Plan 2017/18 or the Consultation Document prior to consultation starting.

4. Background

4.1 The draft Annual Plan 2017/18 is an exceptions document. It presents changes to the 2017/18 work programme from what was outlined in the Long Term Plan 2015-25. In order to consult on the content of the Annual Plan Council must prepare a Consultation Document which outlines and explains the changes proposed.

4.2 Council has discussed a range of items and projects to consider including in the draft Annual Plan 2017/18 at workshops in December 2016 and February 2017. As per section 41A of the Local Government Act 2002, which describes the role of the Mayor in leading the development of the Annual Plan, officers have worked closely with the Mayor to develop a work programme that takes into account guidance from the workshops and fiscal and resourcing constraints. The draft Annual Plan 2017/18 and Consultation Document developed through this process are attached (see Attachments 1 and 2).

4.3 Following adoption by Council, the Consultation Document will be released to the public for feedback through the consultation period which will run from 17 March to 18 April. Submitters who wish to speak directly to Council will have the opportunity to do so at hearings on 10 and 11 May.

4.4 Council listens to and reflects on the community views provided through that process. Officer advice on the matters raised by the community and on any new issues that have emerged will be provided by way of a report to the 23 and 24 May Council deliberations on the Annual Plan 2017/18.

4.5 Having deliberated on all relevant matters Council will make decisions on any changes to the draft Annual Plan 2017/18. The Annual Plan will be updated accordingly and a Council meeting on 22 June is scheduled for its adoption.

5. Discussion

Timing changes

5.1 Some of the projects scheduled for the 2017/18 year have had changes in timing which will see them commence in a later year. There were a range of reasons for these adjustments. Some were to allow more efficient scheduling eg to align roading and utilities projects. Changes to timing were sometimes necessary when low priority projects needed to release resources to allow higher priority projects to be completed on time. The process of business case development also brought to light issues which required rescheduling, such as changes in technology. All of these projects, and their appropriate timing, will be considered as the full ten year work programme is developed for the Long Term Plan 2018-28.

Projects not included

5.2 At workshops in December and February, Council discussed a number of projects that are not included in this draft Annual Plan. They were not included either because there was not enough information available about the costs, timing and ability to deliver, or because it was more appropriate to consider these projects as part of the Long Term Plan 2018-28 when they can be properly scoped and balanced against Council’s full work programme for the ten year period.

5.3 These include those projects listed below which, following adoption of this Annual Plan, will be considered either during the 2017/18 year once business plans have been developed, or as part of the Long Term Plan 2018-28.

· Upgrading toilets at the Tahunanui Lions Playground

· Brook Valley Holiday Park improvements

· Extension of the Great Taste Trail around the airport and golf course

· A dog exercise park

· An additional frisbee golf location

Consultation

5.4 The Local Government Act 2002 does not require consultation on an Annual Plan where there are no significant or material variations from the content of the Long Term Plan for the financial year in question. However where there are such changes, a Consultation Document must be prepared as the basis for consultation.

5.5 The range and size of variations proposed for the Annual Plan 2017/18 are such as to require Council to undertake consultation. This will run from 17 March 2017 to 18 April 2017.

5.6 During consultation there will be three public drop-in sessions. All councillors are invited to attend the sessions and interact with the community. Drop in sessions will be advertised in the consultation material and Our Nelson. The sessions are as follows:

· Monday 27^thMarch (5-6pm), Elma Turner Library

· Wednesday 29^th March (12-1pm), Stoke Library

· Sunday 9^th April (1-2pm), Nightingale Memorial Library

· A Nelson City Council stall at the Saturday market on 1 April will be an additional opportunity to engage with the community about the Consultation Document.

5.7 The Consultation Document, attached, covers the most significant changes proposed for the 2017/18 work programme and directs the public to the draft Annual Plan for more information. The Consultation Document will be designed following approval and will be distributed as an Our Nelson special edition to be delivered on 22 March. It will also be available at Council libraries and the Customer Service Centre during the consultation period.

5.8 Social media and media releases about the Annual Plan will be used to publicise the consultation.

6. Options

6.1 Council is required by the Local Government Act 2002 to prepare and adopt an Annual Plan for each financial year. Council can adopt the attached Consultation Document and draft Annual Plan 2017/18 for consultation. Alternatively Council can make changes to the Consultation Document or the draft Annual Plan, noting that substantive changes, particularly financial changes, will require amending the timetable for consultation and decision making. In this case Council would be unlikely to meet statutory deadlines for adoption of the final Annual Plan.

6.2 Option 1 in the table below is the recommended option.

Option 1: Adopt the draft Annual Plan for consultation
Advantages	· Meets requirements of the Local Government Act 2002. · Community feedback would be sought, and as a result of this feedback changes can be made before the final Annual Plan is adopted by Council.
Risks and Disadvantages	· None
Option 2: Make changes to the draft Annual Plan before adopting it for consultation
Advantages	· If Council considers that the draft Annual Plan, as attached to this document, does not meet its needs or the needs of the community, Council can direct officers to make further changes before releasing the draft Annual Plan for consultation.
Risks and Disadvantages	· Financial changes would have an impact on the rates rise and financial information included in the draft Annual Plan. Changes may mean that the rates rise differs from what was indicated in the Long Term Plan. · Substantive changes would cause a delay to the start of the consultation on the Annual Plan and may mean the final Annual Plan could not be adopted by 30 June, as required under the Local Government Act 2002.

7. Conclusion

7.1 The draft Annual Plan has been developed through full Council workshops in December and February, reflection by the Mayor and officers on guidance from those workshops, financial prudence considerations in line with our Financial Strategy and the requirements of the Local Government Act 2002, and is consistent with existing decisions from Committees and Council affecting the 2017/18 financial year.

7.2 It is recommended that Council adopt the Consultation Document for consultation from 17 March to 18 April 2017 and adopt the draft Annual Plan 2017/18 as the information relied upon for the content of the Consultation Document.

Nicky McDonald

Senior Strategic Adviser

Attachments

Attachment 1: Draft Annual Plan 2017/18 (A1643248) (Circulated separately) ⇨

Attachment 2: Consultation Document for the Draft Annual Plan 2017/18 (A1670929) (Circulated separately) ⇨

Important considerations for decision making

1. Fit with Purpose of Local Government

Adopting a draft Annual Plan for consultation fits with the purpose of local government as it allows the community to provide input on Council’s planned work programme for 2017/18 and it provides the community with information about how Council will provide infrastructure, services and regulatory functions during 2017/18.

2. Consistency with Community Outcomes and Council Policy

The draft Annual Plan 2017/18 is an exceptions document and includes proposed changes from year three of the Long Term Plan 2015-25. This process is consistent with the community outcome “Our Council provides leadership and fosters partnerships, a regional perspective and community engagement”.

3. Risk

If Council decides not to adopt the draft Annual Plan 2017/18 as attached for consultation, there is a risk that the timing would need to change and Council would not be able to adopt a final Annual Plan 2017/18 by 30 June as required by the Local Government Act 2002.

Consultation on the draft Annual Plan will provide Council with community feedback on changes that the community considers important. Council will consider this feedback and can make changes as a result of this feedback before the final Annual Plan is adopted.

4. Financial impact

The decision to adopt the draft Annual Plan and Consultation Document does not have a financial impact but decisions arising from submissions may.

5. Degree of significance and level of engagement

This matter is of high significance because it impacts what Council will deliver during 2017/18 and has a direct impact on rates. Therefore public engagement will be carried out through a one month consultation period followed by hearings and deliberations.

6. Inclusion of Māori in the decision making process

Maori will have the opportunity to provide feedback on the draft Annual Plan 2016/17 as part of the consultation process.

7. Delegations

The adoption of a draft Annual Plan and Consultation Document is a decision of Council.