AGENDA
Ordinary meeting of the
Nelson City Council
Thursday 4 May 2017
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, Mel Courtney, Bill Dahlberg, Kate Fulton, Matt Lawrey, Paul Matheson, Brian McGurk, Gaile Noonan, Mike Rutledge, Tim Skinner and Stuart Walker
Nelson City Council
4 May 2017
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 Steve Cross - Nelson Residents Association
Steve Cross, of Nelson Residents Association, will speak about public attendance at workshops.
Document number M2440
Recommendation
That the Council
Confirms the minutes of the meeting of the Council, held on 23 March 2017, as a true and correct record.
Document number M2500
Recommendation
That the Council
Confirms the minutes of the meeting of the Council, held on 13 April 2017, as a true and correct record.
6. Status Report - Council - 4 May 2017 67 - 76
Document number R7545
Recommendation
That the Council
Receives the Status Report Council 4 May 2017 (R7545) and its attachment (A1168168).
Document number R7209
Recommendation
That the Council
Receives the Mayor's Report (R7209) and its attachment (A1752164); and
Revokes the following parts of its resolution (CL/2017/041) regarding the Recruitment Process for Chief Executive passed on 23 March 2017 as follows:
That the Council
Creates a Chief Executive Recruitment Subcommittee, comprising the Mayor, Deputy Mayor, Cr Acland, Cr Dahlberg and Cr Noonan, and
Delegates authority to the Chief Executive Recruitment Subcommittee to select a tenderer at its meeting no later than 16 May 2017; and
Approves the Chief Executive Recruitment Subcommittee Terms of Reference (A1720208), noting the addition of an Iwi Representative to the list of Subcommittee Members.
and
Creates a Chief Executive Recruitment Group, compromising the Mayor, Deputy Mayor, Cr Acland, Cr Dahlberg and a representative from iwi; and
Delegates authority to the elected members of the Chief Executive Recruitment Group to select a tenderer for Recruitment Services no later than 16 May 2017; and
Delegates the Chief Executive Recruitment Group to work with the selected tenderer to undertake the Chief Executive Recruitment Process; and
Notes that the Chief Executive Recruitment Group has no powers to decide the appointment process and the outcome of their undertaking will be a recommendation to Council; and
Notes that the final candidates will be interviewed by Council and the decision of the preferred candidate will be made by Council; and
Agrees to attend the Nelson Market during the 2016-2019 triennium when there are matters of high public interest underway, on a Saturday from 8am-1pm, with assistance from an officer at a budget of $900 per year; and
Supports Gisborne District Council’s proposed remit to Local Government New Zealand as set out in Attachment 1 (A1752164) and asks the Mayor to advise Gisborne District Council accordingly.
8. Elected Member Travel and Training Budget and Criteria 86 - 95
Document number R6596
Recommendation
That the Council
Receives the report Elected Member Travel and Training Budget and Criteria (R6596) and its attachments (A1743623 and A1743884); and
Adopts the Elected Members Travel and Training Criteria 2016-19 (A1743623); and
Confirms the individual councillor travel and training budget at $5,000 for the 2016-19 triennium.
9. Elected Members' Code of Conduct 96 - 129
Document number R7558
Recommendation
That the Council
Receives the report Elected Members' Code of Conduct (R7558) and its attachment (A1745031); and
Adopts the Nelson City Council Code of Conduct (A1745031); and
Appoints Her Worship the Mayor, Councillors _________ and ___________ to the Conduct Review Panel; and
Appoints Councillors ________, ___________ and _________ to replace any member on the Conduct Review Panel in the event of a conflict of interest or unavailability of a member.
10. Freedom Camping Site Assessment proposed for Consultation 130 - 223
Document number R7576
Recommendation
That the Council
Receives the report Freedom Camping Site Assessment proposed for Consultation (R7576) and it’s attachments (A1748801 and A1752318) ; and
Confirms the direction of the draft Site Assessment and accompanying schedules.
11. Network Tasman Easements - Update regarding Highview Reserve 224 - Error! Bookmark not defined.
Document number R7612
Recommendation
That the Council
Receives the report Network Tasman Easements - Update regarding Highview Reserve (R7612).
12. Planning and Regulatory Committee - 23 March 2017 227 - 228
Document number M2438
Recommendation
That the Council
Receives the unconfirmed minutes of an extraordinary meeting of the Planning and Regulatory Committee, held on 23 March 2017.
13. Regional Transport Committee - 27 March 2017 229 - 234
Document number M2457
Recommendation
That the Council
Receives the unconfirmed minutes of a meeting of the Regional Transport Committee, held on 27 March 2017.
14. Joint Committee - 28 March 2017 235 - 239
Document number M2449
Recommendation
That the Council
Receives the unconfirmed minutes of a meeting of the Joint Committee, held on 28 March 2017.
15. Works and Infrastructure Committee - 30 March 2017 240 - 244
Document number M2465
Recommendation
That the Council
Receives the unconfirmed minutes of a meeting of the Works and Infrastructure Committee, held on 30 March 2017.
16. Sports and Recreation Committee - 4 April 2017 245 - 250
Document number M2475
Recommendation
That the Council
Receives the unconfirmed minutes of a meeting of the Sports and Recreation Committee, held on 4 April 2017.
16.1 Network Tasman Easements - Railway Reserve, Nelson Airport and Highview Reserve
Recommendation to Council
That the Council
Grants the easement in gross, meaning granting the easement to Nelson City Council rather than to property, in favour of Network Tasman Limited over the area shown on the plan marked “A” (Attachment One, A1725409) of the Railway Reserve with all legal costs associated with the easement over Railway Reserve to be met by Proper Snack Foods Limited; and
Grants the easement in gross, meaning granting the easement to Nelson City Council rather than to property, in favour of Network Tasman Limited over the area shown on the plan marked “B” (Attachment Two, A1730653) of the Nelson Airport with all legal costs associated with the easement over the Airport to be met by Nelson Airport as tenant; and
Grants the easements in gross, meaning granting the easement to Nelson City Council rather than to property, in favour of Network Tasman Limited over the area on the plan marked “C” (Attachment Three, A1725412) of the Highview Reserve with all legal costs associated with the easements over Highview Reserve to be met by KB Quarries Limited; and
In relation to Highview Reserve, asks the Chief Executive to liaise with the landowner, and ascertain if undergrounding of the lines is possible, to report to Council 4 May 2017; and
Confirms the easements be agreed to under section 48(1) (d) of the Reserves Act 1977, acting pursuant to a delegation from the Minister of Conservation.
17. Community Services Committee - 6 April 2017 251 - 257
Document number M2486
Recommendation
That the Council
Receives the unconfirmed minutes of a meeting of the Community Services Committee, held on 6 April 2017.
18. Joint Shareholders Committee - 11 April 2017 258 - 263
Document number M2493
Recommendation
That the Council
Receives the unconfirmed minutes of a meeting of the Joint Shareholders Committee, held on 11 April 2017.
19. Civil Defence Emergency Management Group - 11 April 2017 264 - 269
Document number M2497
Recommendation
That the Council
Receives the unconfirmed minutes of a meeting of the Civil Defence Emergency Management Group, held on 11 April 2017.
20. Planning and Regulatory Committee - 13 April 2017 270 - 273
Document number M2503
Recommendation
That the Council
Receives the unconfirmed minutes of a meeting of the Planning and Regulatory Committee, held on 13 April 2017.
21. Governance Committee - 20 April 2017 274 - 281
Document number M2508
Recommendation
That the Council
Receives the unconfirmed minutes of a meeting of the Governance Committee, held on 20 April 2017.
21.1 The Bishop Suter Trust Half Yearly Report to 31 December 2017 and Draft Statement of Intent 2017/18
Recommendation to Council
That the Council
Provides
the following feedback to the Bishop Suter Trust on its draft Statement of
Intent:
· Seeks
clarification in relation how the collection can be developed within the
physical (storage) and financial (insurance) constraints.
22. Chief Executive Employment Committee - 21 April 2017 282 - 284
Document number M2516
Recommendation
That the Council
Receives the unconfirmed minutes of an extraordinary meeting of the Chief Executive Employment Committee, held on 21 April 2017.
23. Commercial Subcommittee - 27 April 2017
These minutes will be circulated separately
Public Excluded Business
Recommendation
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:
|
Item |
General subject of each matter to be considered |
Reason for passing this resolution in relation to each matter |
Particular interests protected (where applicable) |
|
1 |
Council Meeting - Public Excluded Minutes - 23 March 2017 |
Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7. |
The withholding of the information is necessary: · Section 7(2)(g) To maintain legal professional privilege. · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations). · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person. · Section 7(2)(j) To prevent the disclosure or use of official information for improper gain or improper advantage. |
|
2 |
Public Excluded Status Report - Council - 4 May 2017
|
Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7 |
The withholding of the information is necessary: · Section 7(2)(g) To maintain legal professional privilege · Section 7(2)(h) To enable the local authority to carry out, without prejudice or disadvantage, commercial activities |
|
3 |
Commercial Lease - Isel Twilight Market
|
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 |
Sporting Event Funding - New Zealand Netball Super Club Championships
|
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 |
|
5 |
Review - Contracts and Local Authorities (Members Interests) Act
|
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 |
|
6 |
Joint Committee Meeting - Public Excluded Minutes - 28 March 2017 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. |
|
7 |
Works and Infrastructure Committee Meeting - Public Excluded Minutes - 30 March 2017 These minutes contain a recommendation to Council regarding: Saxton Creek Upgrade – Stage 2 Property 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). |
|
8 |
Sports and Recreation Committee Meeting - Public Excluded Minutes - 4 April 2017 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). |
|
9 |
Joint Shareholders Committee Meeting - Public Excluded Minutes - 11 April 2017 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)(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). |
|
10 |
Civil Defence Emergency Management Group Meeting - Public Excluded Minutes - 11 April 2017 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)(a) To protect the privacy of natural persons, including that of a deceased person. |
|
11 |
Governance Committee Meeting - Public Excluded Minutes - 20 April 2017 These minutes contain a recommendation to Council regarding: Nelmac Limited Draft Stement of Intent 2017/18 |
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). |
|
12 |
Extraordinary Chief Executive Employment Committee Meeting - Public Excluded Minutes - 21 April 2017 These minutes contain a recommendation to Council regarding: Draft Terms of Reference for Review – Contracts and Local Authorities (Members’ Interests) Act |
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. |
25. Re-admittance of the public
Recommendation
That the Council
Re-admits the public to the meeting.
Note:
· Youth Councillors have been invited to meet with council during the morning tea break
· This meeting is expected to continue beyond lunchtime.
· Lunch will be provided at 12.30pm.
· Youth Councillors Jenna Stallard and Josephine Ripley will be in attendance at this meeting. (delete as appropriate)
Minutes of a meeting of the Nelson City Council
Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson
On Thursday 23 March 2017, 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 Community Services (C Ward), Group Manager Corporate Services (N Harrison), Senior Strategic Adviser (N McDonald), Kaihautu (T Olsen), Communications Adviser (C Crick), Team Leader Administration Advisers (R Byrne), Administration Advisers (J McDougall and S Burgess), and Nelson Youth Councillors (A James and C Hagan)
Apology: Councillor T Skinner for lateness
Opening Prayer
Councillor Noonan gave the opening prayer.
1. Apologies
|
Resolved CL/2017/013 That the Council Receives and accepts an apology from Councillor Skinner for lateness. Her Worship the Mayor/Noonan Carried |
2. Confirmation of Order of Business
Her Worship the Mayor explained there were two late items to add to the agenda. She said that the first late item was City Amenity Bylaw, and the second late item was the Mayor’s Report – Public Excluded relating to the Chief Executive Employment Committee Public Excluded minutes of 28 February 2017.
The Mayor noted that procedural resolutions were required in order for Council to consider these matters.
2.1 City Amenity Bylaw
|
Resolved CL/2017/014 That the Council Considers the item regarding City Amenity Bylaw 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. Barker/Dahlberg Carried |
|
Attachments 1 City Amenity Bylaw - 7278 |
2.2 Mayor’s Report – Public Excluded
|
Resolved CL/2017/015 That the Council Considers the public excluded item regarding Mayor’s Report 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 decision to be made which relates to another item on the Council agenda for 23 March 2017 - the receipt of minutes of the Chief Executive Employment Committee meeting held on 28 February 2017. Barker/Noonan Carried |
2.3 Public Forum – additional item
Her Worship the Mayor advised that there would be an additional public forum presentation.
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 Alice Robin, Tania Corbett, Yasmeen Maria, Indigo Levett and Verena Gruner
Alice Robin, Tania Corbett, Yasmeen Maria, Indigo Levett and Verena Gruner proposed a Regional Sustainability Festival in Nelson for 2018, inspired by a similar event in France. The group asked for support in principle, as well as funding support, for the event proposed for the Nelson central city in April 2018.
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Attachments 1 A1733432 - Alice Robin Powerpoint Public Forum Council 23Mar2017 2 A1733688 Alice Robin - Regional Sustainability Festival in Nelson 2018 Handout Public Forum Council 23Mar2017 |
4.2 Jim Cable - Nelson Residents Association
Jim Cable, of the Nelson Residents Association, spoke about elected members standing as candidates in the general election and the costs involved if a by-election was required.
4.3 Kindra Douglas -
Voice Nelson
Kindra Douglas of Voice Nelson, spoke about special housing areas. She noted the importance of affordable housing options and urged Council to adopt a housing strategy.
4.4 Peter Bailey
Peter Bailey expressed concerns regarding freedom camping in the Nelson area, and said that he supported the concept of an arrival tax.
4.5 Mark Lile - Landmark Lile Ltd and Justin Candish, Scott Construction
Mark Lile, Landmark Lile Ltd and Justin Candish, Scott Construction made a presentation on behalf of a landowner seeking to develop a Special Housing Area at 153 Nayland Road. They answered questions about the height of the building, the potential selling price, affordability criteria and the width of the shared driveway.
|
Attachments 1 A1733554 Mark Lile Special Housing Areas 153 Nayland Road Powerpoint Public Forum Council 23Mar2017 |
4.6 Mark Lile - Landmark Lile Ltd, Jeremy Smith and Deborah Long
Mark Lile, Landmark Lile Ltd, Jeremy Smith and Deborah Long presented on a proposed Special Housing Area at 416 Trafalgar Street. They answered questions about the property title, the number of units proposed, and the possibility of recycling materials from the current dwelling.
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Attachments 1 A1733550 Mark Lile Special Housing Areas 416 Trafalgar St Powerpoint Public Forum Council 23Mar2017 |
4.7 Mark Lile - Landmark Lile Ltd
Mark Lile, Landmark Lile Ltd tabled a document regarding housing affordability and availability of suitable housing (A1734141). He commented on the recommendations in the report Housing Supply and the Housing Accord and Special Housing Areas Act. He answered questions about the intentions of the companies he represented, housing affordability, supply and demand, development and consent timeframes, and his understanding of Tasman District Council requirements.
|
Attachments 1 A1734141 Mark Lile Special Housing Areas Handout Public Forum Council 23Mar2017 |
4.8 Kent Inglis - Inglis Nelson Properties
Kent Inglis, of Inglis Nelson Properties, made a presentation about the Special Housing Area application for Halifax Terraces, a multi-unit development at 53 Halifax St. Mr Inglis answered questions about the property title, access to the property, whether it was a residential or commercial development, and possible delays regarding the Urban Design Panel process.
|
Attachments 1 A1733537 - Kent Inglis Special Housing Areas Halifax Terraces Powerpoint Public Forum Council 23Mar2017 |
Attendance: Councillor Lawrey left the meeting at 10.32am. The meeting adjourned for morning tea from 10.34am to 10.46am, during which time Councillor Lawrey returned to the meeting.
4.9 Tony Alley - Davis Olgivie & Partners Limited
Tony Alley and Graeme Dick, of Davis Olgivie & Partners, provided a handout (A1732861) and spoke about an application for a Special Housing Area at 12 Wakapuaka Road, Nelson.
Mr Alley responded to questions regarding engagement with officers, demand for housing, wastewater, stormwater, and the current stage of development.
|
Attachments 1 A1732861 - Tony Alley Davis Olgivie and Partners Mr and Mrs Taylor Special Housing Area 12 Wakapuaka Road Handout |
4.10 Jo Say
Jo Say, accompanied by Simon Jones, gave a PowerPoint presentation (A1733476) and provided a handout (A1733455) regarding an application for a Special Housing Area at 42 St Lawrence Street.
Ms Say responded to questions regarding building materials, timeframes, and discussions with Council officers.
|
Attachments 1 A17333455 - Jo Say Special Housing Areas Handout 2 A1733476 - Jo Say Special Housing Areas Powerpoint |
4.11 Sally Middleton
Ms Middleton tabled a handout (A1733178) regarding her concerns about freedom camping and the Akersten Street freedom camping site. She tabled a survey (A1734142) and responded to questions from councillors.
|
Attachments 1 A1733178 - Sally Middleton Freedom Camping Handout 1 2 A1734142 - Sally Middleton Freedom Camping Handout 2 |
4.12 Elspeth MacDonald - Tasman Bay Cruising Club
Elspeth MacDonald, of the Tasman Bay Cruising Club, gave a PowerPoint presentation (A1733572) with images related to freedom camping at Akersten Street. She spoke about her concerns regarding fires near boats, freedom campers’ use of the marina facility, and security.
Attendance: Councillor Rutledge left the meeting from 11.20am to 11.24am.
Ms MacDonald raised further concerns regarding noise, monitoring of freedom camping sites, and increased littering.
Attendance: Councillor Lawrey left the meeting at 11.32am. Councillor Fulton left the meeting at 11.33am. Councillor Skinner joined the meeting at 11.34am.
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Attachments 1 A1733572 - Elspeth MacDonald Tasman Bay Cruising Club Freedom Camping Powerpoint |
5. Confirmation of Minutes
5.1 15 December 2016
Document number M2274, agenda pages 28 - 63 refer.
A correction was noted to the Easter Sunday Shop Trading section of the minutes, in that paragraph 2 on page 36 of the agenda should show that Councillor Lawrey seconded the recommendation.
|
Resolved CL/2017/020 That the Council Confirms the amended minutes of the meeting of the Council, held on 15 December 2016, as a true and correct record. Courtney/Her Worship the Mayor Carried |
5.2 2 March 2017
Document number M2373, agenda pages 64 - 70 refer.
|
Resolved CL/2017/021 That the Council Confirms the minutes of the meeting of the Council, held on 2 March 2017, as a true and correct record. Barker/McGurk Carried |
5.3 9 March 2017
Document number M2394, agenda pages 71 - 74 refer.
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Resolved CL/2017/022 That the Council Confirms the minutes of the meeting of the Council, held on 9 March 2017, as a true and correct record. Matheson/Dahlberg Carried |
6. Status Report - Council - 23 March 2017
Document number R7334, agenda page 75 refers.
Attendance: Councillor Lawrey returned to the meeting at 11.38am.
Officers responded to questions related to status report items.
Attendance: Councillor Fulton returned to the meeting at 11.43am.
A correction was noted in that the Parks and Reserves Tracks Strategy related item was ongoing and not yet complete.
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Resolved CL/2017/023 That the Council Receives the Status Report Council 23 March 2017 (R7334) and its attachment (A1168168)... Rutledge/Walker Carried |
7. Mayor's Report
Document number R6588, agenda pages 76 – 80 refer.
Her Worship the Mayor presented her report.
The meeting agreed to consider the clauses regarding the Mayoral Taskforce on City Futures at a later point in the meeting.
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Resolved CL/2017/024 That the Council Receives the Mayor's Report (R6588) and its attachments (A1730203, A1702331, A1725649, A1721768, A1728929, and A1437349); and Amends the membership of the Governance Committee as follows:
Amends the two Subcommittees established by Council on 27 October 2016 reporting to the Governance Committee, to now report to Council, with the following membership:
Adopts the updated delegations for the Governance Committee, Audit Risk and Finance Subcommittee and Commercial Subcommittee as outlined in Attachment 5 (A1728929); and Adopts the Terms of Reference for the Audit, Risk and Finance Subcommittee as outlined in Attachment 6 (A1437349) Notes that the Delegations Register and Governance Statement will be updated accordingly following the outcome of this report. Barker/Rutledge Carried |
8. Housing Supply and the Housing Accord and Special Housing Areas Act
Document number R6937, agenda pages 81 – 98 refer.
Group Manager Strategy and Environment, Clare Barton, and Senior Infrastructure Planner, Lisa Gibellini presented the report.
Ms Gibellini explained proposed changes to the officer recommendation to remove the final two bullet points under clause five, delete clause six, and in clause seven, change the six monthly process to a quarterly process.
Councillors listed questions for the officers to consider.
Attendance: Councillor Lawrey left the meeting from 12.04pm to 12.06pm. The meeting adjourned for lunch from 12.15pm to 1.15pm.
Ms Barton and Ms Gibellini provided detail in response to questions regarding the Special Housing Area (SHA) consent progress, housing affordability ratios, the Housing Infrastructure Fund, rates of development versus growth, the likelihood of Nelson being classified as a high growth region, the potential for a Lead Policy, the inability to charge developers for SHA administration, SHA application processes, significance assessments, and consultation and notification processes.
Ms Gibellini emphasised that the Accord contained development preferences but that applications outside of those preferences would still be evaluated.
Attendance: Councillor Matheson left the meeting from 1.32pm to 1.40pm. Councillor Skinner left the meeting at 1.37pm. Councillor Fulton left the meeting from 1.41pm to 1.42pm.
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Resolved CL/2017/025 That the Council Receives the report Housing Supply and the Housing Accord and Special Housing Areas Act (HASHAA) (R6937) and its attachments (A1721094, A1724630, and A1724450. Her Worship the Mayor/Dahlberg Carried |
Councillor Barker, seconded by Councillor Rutledge, moved the amended officer recommendation.
Attendance: Councillor Skinner returned to the meeting at 1.48pm.
Councillors spoke for and against the motion; a variety of views were expressed.
The motion was put and a division was called.
|
Councillor Acland |
No |
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Councillor Barker |
Aye |
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Councillor Courtney |
Aye |
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Councillor Dahlberg |
Aye |
|
Councillor Fulton |
Aye |
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Councillor Lawrey |
Aye |
|
Councillor McGurk |
Aye |
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Councillor Matheson |
Aye |
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Councillor Noonan |
Aye |
|
Councillor Rutledge |
Aye |
|
Councillor Skinner |
No |
|
Councillor Walker |
Aye |
|
Her Worship the Mayor |
Aye |
The motion was carried, 11 – 2.
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Resolved CL/2017/026 That the Council Notes the content of this report (R6937) and the changes that the Housing Legislation Amendment Act 2016 has made to HASHAA and the direction of the reforms and tools proposed by Government to enhance housing supply and affordability; and Confirms that Nelson City Council wishes to continue to be an Accord Authority for the term HASHAA provides for consents to be processed (until 16 September 2021); and Confirms that the existing Nelson Housing Accord is extended (with the recommended amendments below) by the Accord Steering Group, with any future amendments being brought back to Council for consideration; and Confirms that the extended Accord should be drafted or amended to address the following: · That the Accord will cover the term that HAHSAA provides for SHA consents to be processed (termination date of 16 September 2021); · A preference for the consideration of Special Housing Areas (SHAs) in areas that are either zoned residential, city centre, suburban commercial, or located within the Saxton SHA area where Council has already made SHA recommendations; · A preference for the consideration of SHAs to areas where all infrastructure services either exist, or will exist in the short (3 years) or medium term (10 years) and are provided for in the Long Term Plan; Agrees that after the Accord is in effect, SHA applications be received by Council via a quarterly expressions of interest process; and Approves unbudgeted funding of $50,000 to be allocated for the period of 24 March 2017 to 30 June 2017 for the purposes of resourcing for drafting a new Accord, administration of current SHA proposals and Accord requirements, and reporting to Council. Submission on Urban Development Authorities Discussion document: Confirms that following direction given at a Council workshop, officers make a submission on the Government’s proposal for Urban Development Authorities, and that the submission is signed off by the co-chairs of the Planning and Regulatory Committee prior to being submitted. Barker/Rutledge Carried |
The meeting moved to consider the City Amenity Bylaw report late item.
9. City Amenity Bylaw
Document number R7278, late items agenda (M2437) pages 2 - 11 refer.
Group Manager Strategy and Environment, Clare Barton, and Legal Advisers Jane Julian and Julian Ironside presented the report.
Ms Barton, Ms Julian and Mr Ironside responded to questions regarding the Urban Environments Bylaw, regulatory framework, whether additional city amenity matters could be addressed in the bylaw, how common this type of regulation was in New Zealand, and enforcement options under legislation.
Councillor Noonan, seconded by Councillor Acland, moved the recommendation in the officer report.
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Resolved CL/2017/027 That the Council Receives the report City Amenity Bylaw (R7278) and its attachment (A1726829); and Determines in accordance with section 155(1) of the Local Government Act 2002, that a bylaw is the most appropriate way of addressing the issues in the Nelson City Centre; and Confirms in recognition of the community interest in this matter, that the bylaw development process, including hearings and deliberations, be considered by full Council, noting that the Planning and Regulatory Committee referred to Council its powers relating to a City Amenity Bylaw at its meeting on 23 March 2017. Noonan/Acland Carried |
The meeting moved to consider the subsequent late item, the Draft City Amenity Bylaw Proposed for Consultation report. Accordingly, the meeting resolved to accept the late item.
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Resolved CL/2017/028 That the Council Considers the item regarding Draft City Amenity Bylaw Proposed for Consultation 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/Acland Carried |
|
Attachments 1 A1749132 - Draft City Amenity Bylaw Proposed for Consultation - R7352 |
10. Draft City Amenity Bylaw Proposed for Consultation
Document number R7352, late items agenda pages 14 - 35 refer.
Group Manager Strategy and Environment, Clare Barton, and Legal Advisers Jane Julian and Julian Ironside presented the report.
Councillor Dahlberg, seconded by Councillor Rutledge moved a procedural motion:
That the Council
Leaves the item Draft City Amenity Bylaw Proposed for Consultation to lie on the table, to be re-considered at the reconvened Council meeting scheduled for Tuesday 28 March at 1pm in the Council Chamber.
The motion was put and lost.
Ms Barton, Ms Julian and Mr Ironside responded to questions regarding the estimated timeline for producing a bylaw, whether items in the Urban Environments Bylaw would take precedence over a City Amenity Bylaw (the Bylaw), how the Bylaw could be enforced and where the responsibility for this lay, the definition of iwi, potential impacts on community events or well-meaning protests, and consideration of the Occupy movement by the High Court in 2013.
Attendance: Councillor Skinner left the meeting from 2.31pm to 2.36pm. Councillor Matheson left the meeting from 2.33pm to 2.36pm.
Further questions were responded to regarding permits, how officers would work with homeless persons, and the application of judgement of enforcement officers.
|
Resolved CL/2017/029 That the Council Leaves the item Draft City Amenity Bylaw Proposed for Consultation to lie on the table, to be re-considered at the reconvened Council meeting scheduled for Tuesday 28 March at 1pm in the Council Chamber. Her Worship the Mayor/McGurk Carried |
Attendance: The meeting adjourned for afternoon tea from 2.54pm to 3.08pm, during which time Councillor Fulton left the meeting.
11. Freedom Camping Strategic Plan
Document number R6490, agenda pages 110-123 refer.
Group Manager Community Services, Chris Ward, presented the report. He said that correction was required to clause 5.15 of the report which should read ‘…because freedom camping is not listed as an activity in the Plan’s schedules it is therefore not a permitted activity and therefore a resource consent or Plan change would be required…’. Mr Ward added that the recommendations in the Freedom Camping Strategic Plan should be held for consideration at the same time as a bylaw, so that a holistic package of tools could be developed for the City.
Attendance: Councillor Fulton returned to the meeting at 3.12pm.
Mr Ward responded to questions regarding the Tasman District Council Freedom Camping Bylaw, campground capacity, complaints from retailers, reasoning for the timing of reports to Council, the possibility of additional space for freedom campers and whether fees could be charged. Mr Ward confirmed that no action had yet been taken on recommendations in the Freedom Camping Strategic Plan.
Attendance: Councillor Acland left the meeting at 3.44pm.
Her Worship the Mayor, seconded by Councillor Rutledge, moved clauses one, three and four of the officer recommendation.
Attendance: Councillor Acland returned to the meeting at 3.50pm.
Councillors spoke in favour of the motion.
The motion was put and a division was called.
|
Councillor Acland |
Aye |
|
Councillor Barker |
Aye |
|
Councillor Courtney |
Aye |
|
Councillor Dahlberg |
Aye |
|
Councillor Fulton |
Aye |
|
Councillor Lawrey |
Aye |
|
Councillor McGurk |
Aye |
|
Councillor Matheson |
Aye |
|
Councillor Noonan |
Aye |
|
Councillor Rutledge |
Aye |
|
Councillor Skinner |
Aye |
|
Councillor Walker |
Aye |
|
Her Worship the Mayor |
Aye |
The motion was carried, 13 – 0.
|
Resolved CL/2017/030 That the Council Receives the report Freedom Camping Strategic Plan (R6490) and its attachment (A1567359); and Determines, in accordance with Section 155(1) of the Local Government Act 2002, that a bylaw is the most appropriate way of addressing freedom camping issues to complement a range of other non-regulatory approaches; and Instructs the Chief Executive to prepare a draft Freedom Camping Bylaw with a view to it being adopted before the 2017/18 summer season. Her Worship the Mayor/Rutledge Carried |
12. Extension of Meeting Time
|
Resolved CL/2017/031 That the Council Extends the meeting time beyond six hours, pursuant to Standing Order 3.3.7. Her Worship the Mayor/Dahlberg Carried |
13. Brook Recreation Reserve Management Plan - Reserve feedback and gazettal
Document number R6785, agenda pages 99 – 109 refer.
Group Manager Infrastructure, Alec Louverdis, and Legal Adviser, Fiona McLeod, presented the report.
Attendance: Councillor Barker left the meeting from 4.07pm to 4.10pm.
Mr Louverdis and Ms McLeod responded to questions regarding the appropriateness of the proposed reclassification to Local Purpose Reserve (recreation) in terms of the vision for the reserve. They explained the alternative classification of Local Purpose Reserve (recreation and education).
Further questions were responded to regarding reserve administration, the road stopping process, interpretations of ‘recreation’, risk mitigation, and consultation requirements under legislation.
|
Resolved CL/2017/032 That the Council Receives the report Brook Recreation Reserve Management Plan - Reserve feedback and gazettal (R6785) and its attachments (R6235, A1694665 and A1687055). Noonan/Dahlberg Carried |
Councillor Acland, seconded by Councillor Fulton, moved a motion:
That the Council
Approves, having considered the community feedback on the reclassification of land from Recreation Reserve to Local Purpose Reserve (recreation), the reclassification of land from Recreation Reserve to Local Purpose Reserve (recreation and education) and under section 24 of the Reserves Act 1977 proceed with the Gazettal process (as detailed in item 7.3 of report R6235 presented to Council on 10 November 2016); and
Approves the Hearings Panel’s recommendation with respect to declaring fee simple land as Local Purpose Reserve (recreation) and under section 14 of the Reserves Act 1977 proceed with the Gazettal process (as detailed in item 7.2 of report R6235 presented to Council on 10 November 2016); and
Notes that a further report will be brought to Council to enable consideration of final approval of the Brook Recreation Reserve Management Plan.
In response to questions, officers provided further clarification on the options to classify as Local Purpose Reserve (recreation) or (recreation and education).
The motion on the table was withdrawn with the agreement of the meeting.
Councillor Acland, seconded by Councillor Fulton, moved the recommendation in the officer report.
|
Resolved CL/2017/033 That the Council Approves, having considered the community feedback on the reclassification of land from Recreation Reserve to Local Purpose Reserve (recreation), the Hearings Panel’s recommendation with respect to the reclassification of land from Recreation Reserve to Local Purpose Reserve (recreation) and under section 24 of the Reserves Act 1977 proceed with the Gazettal process (as detailed in item 7.3 of report R6235 presented to Council on 10 November 2016); and Approves the Hearings Panel’s recommendation with respect to declaring fee simple land as Local Purpose Reserve (recreation) and under section 14 of the Reserves Act 1977 proceed with the Gazettal process (as detailed in item 7.2 of report R6235 presented to Council on 10 November 2016); and Notes that a further report will be brought to Council to enable consideration of final approval of the Brook Recreation Reserve Management Plan. Acland/Fulton Carried |
The meeting moved to consider the minutes of the Sports and Recreation
Committee from 21 February 2017.
14. Sports and Recreation Committee - 21 February 2017
Document number M2346, agenda pages 189 - 198 refer.
|
Resolved CL/2017/034 That the Council Receives the unconfirmed minutes of a meeting of the Sports and Recreation Committee, held on 21 February 2017. Skinner/Rutledge Carried |
14.1 Capital Expenditure Programme 2016-17 Quarter 2 Progress Report
|
Resolved CL/2017/035 That the Council Approves, with respect to project 1175 Stoke Sports and Community Facility, that $1,300,000 be transferred from 2016/17 to 2017/18, to align with the scheduled construction programme. Skinner/Rutledge Carried |
14.2 Easements - Quail Rise subdivision
|
Resolved CL/2017/036 That the Council Grants the easement in gross, in favour of Network Tasman Limited shown as area ‘CC’ on Title Plan LT 493128 (A1707984); and Grants the easement in favour of Lot 34 DP 353023 shown as area ‘L’ on Title Plan LT 493128 (A1707984). Skinner/Rutledge Carried |
Attendance: Councillor Fulton left the meeting from 4.50pm to 4.53pm.
14.3 Modellers Pond review of funding
The tabled terms of reference for the Modellers Pond Project Governance Group (A1721691) were noted. An updated recommendation was presented which noted the change in proposed membership and approval of the terms of reference.
Attendance: Councillor Rutledge declared an interest and left the room at 4.55pm.
The meeting agreed to remove reference to ‘Governance’ in the Group title and in the terms of reference.
Councillor Skinner, seconded by Councillor Matheson, moved the updated recommendation.
Officers responded to questions regarding external membership of the Project Group, Group quorum, the process taken to date and whether that met the requirements of a business case approach, usage of the Modellers’ Pond, whether the ‘modify pond’ option was workable, and the rationale for a Lotteries grant application.
Attendance: Councillor Noonan left the meeting from 5.08pm to 5.10pm.
Councillors spoke for and against the motion, with a variety of views expressed.
Attendance: The meeting adjourned from 5.29pm to 5.37pm.
The motion was put and a division was called.
|
Councillor Acland |
No |
|
Councillor Barker |
Aye |
|
Councillor Courtney |
Aye |
|
Councillor Dahlberg |
Aye |
|
Councillor Fulton |
No |
|
Councillor Lawrey |
No |
|
Councillor McGurk |
No |
|
Councillor Matheson |
Aye |
|
Councillor Noonan |
No |
|
Councillor Rutledge |
Interest |
|
Councillor Skinner |
Aye |
|
Councillor Walker |
Aye |
|
Her Worship the Mayor |
Aye |
The motion was carried, 7 – 5.
|
Resolved CL/2017/037 That the Council Revokes the resolution passed on 8 September 2016 (CL/2016/241): ‘Amends clauses 4 and 7 of the Council resolution passed on 24 March 2016 as follows: 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 AND THAT
Council confirms that should the additional funding not be raised by
the Nelson Society of Modellers by the end of Confirms the modified pond option at a cost of $1.2 million as Council’s preferred option, noting the contributions pledged to date to the Nelson Society of Modellers, as set out in report R7038, and the progression of the application to Lotteries and other funders by the Society; and Establishes a Project Group consisting of Councillors Skinner, Walker and Rutledge, and one member of the Nelson Society of Modellers; and Establishes a Project Group consisting of Councillors Skinner and Walker, one member of the Tahunanui Business Association, and one member of the Nelson Society of Modellers; and Directs that a resource consent application for the Modify Pond option be lodged; and Approves the Modellers Pond Project Group Terms of Reference (A1721691). Skinner/Matheson Carried |
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Attachments 1 A1721691 - Draft Terms of Reference - Modellers Pond Project Governance Group |
Attendance: Councillor Rutledge returned to the meeting at 5.46pm.
15. Mayor’s Report (continued)
|
Resolved CL/2017/038 That the Council Notes that the former CBD Enhancements Panel has been renamed the Mayoral Taskforce for City Futures, and approves the updated Terms of Reference for this group (A1721768); and Confirms the appointment of Councillor Noonan to the Mayoral Taskforce on City Futures. Her Worship the Mayor/Noonan Carried |
16. Exclusion of the Public
|
Resolved CL/2017/039 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: Her Worship the Mayor/Acland 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) |
|
9 |
Governance Committee Meeting – Public Excluded Minutes – 9 March 2017 These minutes contain a recommendation to Council regarding: Director Appointment Port Nelson Limited Director Appointment Nelson Airport Limited |
Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7. |
The withholding of the information is necessary: · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) · Section 7(2)(j) To prevent the disclosure or use of official information for improper gain or improper advantage · 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 5.48pm and resumed in public session at 5.50pm.
17. Re-admittance of the Public
|
Resolved CL/2017/040 That the Council Re-admits the public to the meeting. Her Worship the Mayor/Rutledge Carried |
18. Adjournment of meeting
|
Resolved CL/2017/041 That the Council Adjourns the meeting, to be reconvened in the Council Chamber at 1pm on Tuesday 28 March 2017. Rutledge/McGurk Carried |
The meeting adjourned at 5.55pm.
Minutes of a reconvened meeting of the Nelson City Council
Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson
On Tuesday 28 March 2017, commencing at 1.02pm
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 Community Services (C Ward), Group Manager Corporate Services (N Harrison), Senior Strategic Adviser (N McDonald), Kaihautū (T Olsen), Manager Administration (P Langley), Team Leader Administration Advisers (R Byrne) and Administration Adviser (E-J Ruthven)
18. Confirmation of Order of Business – Reconvened Meeting
Her Worship the Mayor explained that, although public forum had concluded at the part of the meeting held on 23 March 2017, requests for public forum presentations had been made in relation to the draft City Amenity Bylaw, and she had agreed to consider these as a minor late item for today’s meeting.
Attendance: Councillors Acland, Fulton and Rutledge joined the meeting at 1.03pm
19. Public Forum
19.1 Graeme O’Brien (on behalf of TPP Action Group)
Mr O’Brien expressed his concerns regarding the clauses in the draft City Amenity Bylaw requiring a permit to protest, and the effect on citizens’ right to protest and freedom of assembly. He gave examples of bylaws from other cities with alternative requirements for notifying Council of protests.
Mr O’Brien tabled documents relating to the “Occupy” court case (A1736287 and A1736292) and explained why he considered that the judgment was not relevant to the draft City Amenity Bylaw. He spoke further about the difference between community engagement and consultation.
|
Attachments 1 A1736292 - Public Forum Tabled document - Examples of other bylaws - Graeme O'Brien (on behalf of TPP Action Group) 2 A1736287 - Public Forum Tabled Document - Occupy Court Case - Graeme O'Brien (on behalf of TPP Action Group) |
19.2 Jo Leyland
Ms Leyland spoke about the draft City Amenity Bylaw, and tabled a document (A1736122). She spoke about the right of members of the public to demonstrate, and detailed her concerns regarding enforcement and compliance of the draft Bylaw provisions.
|
Attachments 1 A1736122 - Public Forum Tabled document - Jo Leyland |
19.3 Arnaud Wylie
Arnaud Wylie spoke about the nature of common law in relation to the draft City Amenity Bylaw, and tabled a document (A1736313). He spoke about the importance of natural rights and how common law fed into statutory processes.
|
Attachments 1 A1736313 - Public Forum Tabled document - Arnaud Wylie |
20. Invitation to Co-fund - Rural Broadband Extension and Mobile Black Spot
Document number R6972, agenda pages 124 -129 refer.
Attendance: Councillor Lawrey left the meeting at 1.32pm.
Group Manager Community Services, Chris Ward, presented the report. He answered questions regarding the tender process, the officer recommendation to work with individual telecommunications companies, and the timelines in relation to Council co-funding should this be required in the future.
Attendance: Councillor Lawrey returned to the meeting at 1.37pm.
There was a discussion regarding whether Council should indicate its willingness to consider co-funding in the future.
Councillor Courtney, seconded by Councillor Walker, moved the recommendation in the officer report with an additional clause:
Indicates a willingness to consider co-funding once details are available of Rural Broadband Extension and Mobile Black Spot projects within the Nelson City Council area.
Councillors discussed the motion and a variety of views were expressed.
|
Resolved CL/2017/016 That the Council Receives the report Invitation to Co-fund - Rural Broadband Extension and Mobile Black Spot (R6972) and its attachments (A1668419 and A1715172); and Notes that the general approach taken by Council will be to provide non-financial support to any network operator seeking to improve mobile reception and/or rural broadband connectivity in the Nelson area; and Indicates a willingness to consider co-funding once details are available of Rural Broadband Extension and Mobile Black Spot projects within the Nelson City Council area. Courtney/Walker Carried |
21. Proposed Special Housing Areas
Document number R7156, agenda pages 130 – 143 refer.
Group Manager Strategy and Environment, Clare Barton, and Senior Infrastructure Planner, Lisa Gibellini, presented the report.
Ms Gibellini explained that, since the release of the agenda, the application for a Special Housing Area at 3D Hill Street had been withdrawn. She added that, since the public forum at the part of the Council meeting held on Thursday 23 March, the applicants for the Special Housing Area at 416 Trafalgar Street had amended the qualifying development criteria to a maximum of two storeys (rather than four), and a maximum height of 8.5m (rather than 10m).
|
Resolved CL/2017/017 That the Council Receives the report Proposed Special Housing Areas (R7156) and its attachments (A1712594, A1712561, A1712634, A1718001, A1710163 and A1715092). Her Worship the Mayor/Lawrey Carried |
Ms Gibellini explained that, since a resolution had been passed at the part of the Council meeting held on 23 March 2017 to extend the Housing Accord, the second clause in the officer recommendation should be removed.
The meeting agreed to consider each application for a Special Housing Area in turn.
21.1 416 Trafalgar Street
Ms Barton and Ms Gibellini answered questions in relation to inclusion of Urban Design Panel approval as a condition of the resource consent, the time frames involved in gaining Urban Design Panel approval, the changes made to the qualifying development criteria for this application, whether it was possible to prevent the dwellings being utilised as holiday accommodation, and the height of the building currently on the site.
It was agreed that Urban Design Panel approval should be required to be filed with the resource consent application for the proposed development.
|
Resolved CL/2017/018 That the Council Approves 416 Trafalgar Street (A1712594) as a potential Special Housing Area subject to the developer(s) entering into a legal Deed with Council which requires, amongst other matters, that the developer, at its sole cost, shall design, obtain all necessary consents for, and construct any additional infrastructure, or upgrades to the Councils infrastructure, required to support the development of the SHA, and the landowner files Urban Design Panel approval with the resource consent application. Noonan/Lawrey Carried |
21.2 153 Nayland Road
It was agreed that Urban Design Panel approval should be required to be filed with the resource consent application for the proposed development.
|
Resolved CL/2017/019 That the Council Approves 153 Nayland Road (A1712561) as a potential Special Housing Area subject to the developer(s) entering into a legal Deed with Council which requires, amongst other matters, that the developer, at its sole cost, shall design, obtain all necessary consents for, and construct any additional infrastructure, or upgrades to the Councils infrastructure, required to support the development of the SHA and the landowner files Urban Design Panel approval with the resource consent application. Barker/Her Worship the Mayor Carried |
21.3 53 Halifax Street
Ms Barton and Ms Gibellini answered questions regarding the developer’s previous experience utilising the Urban Design Panel, entry of the proposed development onto Halifax Street, and potential considerations regarding inundation that may be taken into account during the resource consent process.
It was agreed that Urban Design Panel approval should be required to be filed with the resource consent application for the proposed development.
|
Resolved CL/2017/020 That the Council Approves 53 Halifax Street (A1712634) as a potential Special Housing Area subject to the developer(s) entering into a legal Deed with Council which requires, amongst other matters, that the developer, at its sole cost, shall design, obtain all necessary consents for, and construct any additional infrastructure, or upgrades to the Councils infrastructure, required to support the development of the SHA and the landowner files Urban Design Panel approval with the resource consent application. Her Worship the Mayor/Dahlberg Carried |
21.4 42 St Lawrence Street
Attendance: Councillor Acland left the meeting at 2.23pm.
Ms Barton and Ms Gibellini answered questions regarding the topography of the site, access to the site from St Lawrence and Rimu Streets, potential traffic engineering solutions for Rimu Street to ensure pedestrian and vehicle safety, the legal status of rights of way in the area, and potential staging of the proposed development.
Attendance: Councillor Matheson left the meeting from 2.30pm to 2.32pm. Councillor Rutledge left the meeting from 2.36pm to 2.38pm, and Councillor Acland returned to the meeting at 2.38pm.
Councillor Fulton, seconded by Councillor Lawrey, moved the recommendation in the officer report in relation to 42 St Lawrence Street, with the inclusion of Urban Design Panel approval being filed with the resource consent application for the proposed development.
Councillors discussed the motion and a variety of views were expressed.
|
Resolved CL/2017/021 That the Council Approves 42 St Lawrence Street (A1718001) as a potential Special Housing Area subject to the developer(s) entering into a legal Deed with Council which requires, amongst other matters, that the developer, at its sole cost, shall design, obtain all necessary consents for, and construct any additional infrastructure, or upgrades to the Councils infrastructure, required to support the development of the SHA and the landowner files Urban Design Panel approval with the resource consent application. Fulton/Lawrey Carried |
21.5 12 Wakapuaka Road
Ms Barton and Ms Gibellini answered questions regarding the proposed number of dwellings to be built, the land’s rural zoning, potential infrastructure improvements the developer would need to make in order for the development to proceed, location of the site in relation to the current ‘edge’ of Atawhai, and potential roading connections to the site.
Her Worship the Mayor, seconded by Councillor Rutledge, moved a motion:
That the Council
12 Wakapuaka Road:
Option 1: Approves 12 Wakapuaka Road (A1710163) as a potential Special Housing Area subject to the developer(s) entering into a legal Deed with Council which requires, amongst other matters, that the developer, at its sole cost, shall design, obtain all necessary consents for, and construct any additional infrastructure, or upgrades to the Councils infrastructure, required to support the development of the SHA and the landowner files Urban Design Panel approval with the resource consent application.
Councillors discussed the motion and a variety of views were expressed.
Councillor Noonan, seconded by Councillor Skinner, moved an amendment to replace the motion with the following:
That the Council
12 Wakapuaka Road:
Option 2: Defers approval of 12 Wakapuaka Road (A1710163) subject to a public feedback process to ascertain the views of the community on the proposed SHA with the results reported back to Council.
Ms Barton and Ms Gibellini answered further questions regarding the number of dwellings that could be constructed under current zoning, the effect that the state highway may have on access to the site, and the type of public feedback process that would be likely should Council decide to follow option 2.
Attendance: Councillor Barker left the meeting at 3.11pm.
Councillors discussed the amendment, and expressed a variety of views.
Point of Order: A Point of Order was raised under Standing Order 3.13.4(d), that a misrepresentative statement had been made by a member. The point of order was upheld.
The amendment was put and carried, and became the substantive motion.
Attendance: Councillor Barker returned to the meeting at 3.25pm.
Councillors discussed the motion further.
The motion was put and a division was called:
|
Councillor Acland |
Aye |
|
Councillor Barker |
Aye |
|
Councillor Courtney |
No |
|
Councillor Dahlberg |
Aye |
|
Councillor Fulton |
Aye |
|
Councillor Lawrey |
Aye |
|
Councillor McGurk |
Aye |
|
Councillor Matheson |
No |
|
Councillor Noonan |
Aye |
|
Councillor Rutledge |
Aye |
|
Councillor Skinner |
Aye |
|
Councillor Walker |
Aye |
|
Her Worship the Mayor |
Aye |
The motion was carried, 11-2.
|
Resolved CL/2017/022 That the Council 12 Wakapuaka Road: Option 2: Defers approval of 12 Wakapuaka Road (A1710163) subject to a public feedback process to ascertain the views of the community on the proposed SHA with the results reported back to Council. Her Worship the Mayor/Rutledge Carried |
Attendance: The meeting adjourned from 3.31pm to 3.47pm.
|
Resolved CL/2017/023 That the Council Approves that Her Worship the Mayor recommend those potential areas 416 Trafalgar Street, 153 Nayland Road, 53 Halifax Street and 42 St Lawrence Street to the Minister of Building and Housing for consideration as Special Housing Areas under the Housing Accord and Special Housing Areas Act 2013 as amended by the Housing Legislation Amendment Act 2016. Noonan/Dahlberg Carried |
22. Selection, Appointment and Remuneration Policy for External Appointees on Council Subcommittees
Document number R7245, agenda pages 150 – 157 refer.
Manager Administration, Penny Langley, presented the report. She explained that the words “and $9320 in subsequent financial years” should be removed from the fourth clause of the officer recommendation.
Ms Langley answered questions regarding the availability of contact details for external appointees, the wording of the policy, and the proposed review of the policy in consultation with elected members.
|
Resolved CL/2017/024 That the Council Receives the report Selection, Appointment and Remuneration Policy for External Appointees on Council Subcommittees (R7245) and its attachment (A1702206; A1719904; A1719903; A1719905; A1719906); and Adopts the Selection, Appointment and Remuneration Policy for External Appointees on Council Subcommittees (A1702206); and Agrees that remuneration for the external appointees to the Audit, Risk and Finance Subcommittee and the Commercial Subcommittee commence from 1 April 2017; and notes that a job sizing exercise will be commissioned subsequent to the delegations being confirmed for the subcommittees, and this will be used to inform the 2017/18 budget; and Provides estimated unallocated budget of $2,330 in the 2016/17 financial year for remunerating external appointees to subcommittees; and Notes the position descriptions (A1719904; A1719903; A1719905; A1719906) for external appointees as chair or member to the Audit, Risk and Finance subcommittee and the Commercial Subcommittee. Dahlberg/Courtney Carried |
23. Delegations Register 2016-2019 - Committee Delegations and Schedules
Document number R6667, agenda pages 158 – 161 refer.
Administration Adviser, E-J Ruthven, presented the report. She noted that the reference to the Victory Community Centre should be removed from the Community Services and Sports and Recreation Committee delegations.
Attendance: Councillor McGurk left the meeting at 4.01pm.
|
Resolved CL/2017/025 That the Council Receives the report Delegations Register 2016-2019 - Committee Delegations and Schedules (R6667) and its attachment (A1730269); and Amends the Delegations Register (A1183061) to reflect the changes as set out in document A1730269, subject to any changes previously confirmed through the Mayor’s Report to the Council meeting of 23 March 2017. Barker/Dahlberg Carried |
24. Draft City Amenity Bylaw Proposed for Consultation (continued)
Document number R7352, late items agenda pages 14 - 35 refer.
Group Manager Strategy and Environment, Clare Barton, and external legal advisers Jane Julian and Julian Ironside, presented the report. They noted that the words “made under the Local Government Act 2002” should be added to the end of paragraph 5.21 of the officer report.
Attendance: Councillor McGurk returned to the meeting at 4.04pm.
Ms Barton, Ms Julian and Mr Ironside answered questions regarding the points raised during public forum presentations, the content of other councils’ bylaws, whether the bylaw could include infringements for littering, the effect of removing specific sections of the draft bylaw prior to public consultation, the issues that the draft bylaw sought to solve, whether the draft bylaw differed from legislation already in existence, whether the draft bylaw would cover various examples of protests or spontaneous public gatherings, other activities that might be captured by parts of the draft bylaw aside from section 12, potential methods by which the draft bylaw might be administered, issues relating to traffic management, the process of public engagement and consultation, and whether any fees or charges were likely to apply.
Attendance: The meeting adjourned from 4.49pm to 4.50pm.
Her Worship the Mayor explained that the meeting would consider items 16 and 17, Nelson City Council Governance Statement 2016-2019 and Administrative Matters Report, before returning to continue consideration of the Draft City Amenity Bylaw Proposed for Consultation.
25. Nelson City Council Governance Statement 2016-2019
Document number R7137, agenda pages 162 – 165 refer.
Attendance: Councillor Fulton left the meeting from 4.51pm to 4.52pm, and Councillor Acland left the meeting from 4.53pm to 4.56pm.
Administration Adviser, Shailey Burgess, presented the report. She tabled an updated copy of page 269 of the attachments document.
|
Attachments 1 A1745169 - Appendix 1 - Nelson City Council Bylaws as at March 2017 - updated page 269 |
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Resolved CL/2017/026 That the Council Receives the report Nelson City Council Governance Statement 2016-2019 (R7137) and its attachment (A1708727); and Adopts the Nelson City Council Governance Statement 2016-2019 (A1708727), noting that any amendments made through the Mayor’s Report of 23 March 2017 will be incorporated; and Agrees to a further review of the Governance Statement 2016-2019 being undertaken by September 2017. Barker/Skinner Carried |
26. Administrative Matters Report
Document number R7267, agenda pages 166 – 167 refer.
Manager Administration, Penny Langley, presented the report.
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Resolved CL/2017/027 That the Council Receives the report Administrative Matters Report (R7267) and its attachments (A1722982, A1724846, A1645289, and A1607446); and Confirms the approval of the fixing of the seal in relation to those documents and the warrants of appointment detailed in the Schedule of Documents Sealed (A1607446). Barker/Noonan Carried |
27. Draft City Amenity Bylaw Proposed for Consultation (continued)
Ms Barton, Ms Julian and Mr Ironside answered further questions relating to the Model Bylaws, the effect of removing section 12 of the draft Bylaw prior to public consultation, and potential methods by which members of the public might apply for permits.
Attendance: Councillors Acland and McGurk left the meeting at 5.05pm.
Further questions were answered regarding current processes to be undertaken by members of the public when organising events.
Councillor Lawrey, seconded by Councillor Fulton, moved
That the Council
Receives the report Draft City Amenity Bylaw Proposed for Consultation (R7352) and its attachments (A1729361, A1729616 and A1729360); and
Determines that the proposed City Amenity Bylaw (A1729361) is the most appropriate form of bylaw; and
Determines that the proposed City Amenity Bylaw affects freedoms provided by the New Zealand Bill of Rights Act 1990 and those limits on freedoms are reasonable and proportional; and
Approves the Statement of Proposal (A1729360) and the draft City Amenity Bylaw (A1729361), with the removal of Part 12, Events, and any consequential amendments, for consultation using the special consultative procedure; and
Agrees that the Mayor, Deputy Mayor and Chief Executive be delegated to approve any minor amendments required to the draft Bylaw or Statement of Proposal prior to consultation starting.
Attendance: The meeting adjourned from 5.16pm to 5.32pm.
There was a discussion regarding the potential consequences should the motion fail.
Following discussion, and with the consent of the meeting, the mover and seconder withdrew the motion.
Councillor Barker, seconded by Councillor Dahlberg, moved the motion in the officer report.
Councillors discussed the motion and expressed a variety of views.
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Resolved CL/2017/028 That the Council Receives the report Draft City Amenity Bylaw Proposed for Consultation (R7352) and its attachments (A1729361, A1729616 and A1729360); and Determines that the proposed City Amenity Bylaw (A1729361) is the most appropriate form of bylaw; and Determines that the proposed City Amenity Bylaw affects freedoms provided by the New Zealand Bill of Rights Act 1990 and those limits on freedoms are reasonable and proportional; and Approves the Statement of Proposal (A1729360) and the draft City Amenity Bylaw (A1729361), for consultation using the special consultative procedure; and Agrees that the Mayor, Deputy Mayor and Chief Executive be delegated to approve any minor amendments required to the draft Bylaw or Statement of Proposal prior to consultation starting. Barker/Dahlberg Carried |
Attendance: The meeting adjourned from 5.39pm to 5.41pm.
reports from committees – hearings panel other and saxton field committee
28. Hearings Panel - Other - 13 December 2016
Document number A1679232, Open Attachments pages 283 – 284 refer.
Attendance: Councillor Fulton left the meeting at 5.43pm.
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Resolved CL/2017/029 That the Council Receives the minutes of a meeting of the Hearing Panel – Other, held on 13 December 2016. Matheson/Her Worship the Mayor Carried |
29. Hearings Panel - Other - 2 February 2017
Document number A1705277, Open Attachments pages 285 – 287 refer.
It was noted that the date on the minutes of 2016 should be altered to 2017.
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Resolved CL/2017/030 That the Council Receives the minutes of a meeting of the Hearing Panel – Other, held on 2 February 2017. Walker/Matheson Carried |
30. Saxton Field Committee - 14 February 2017
Document number A1726930, Open Attachments pages 288 – 292 refer.
A document was tabled relating to clause four of the Committee resolution contained within the minutes.
Group Manager Infrastructure, Alec Louverdis, answered questions regarding traffic management plans for events at Saxton Field.
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Attachments 1 A1733500 - Memo to Council 23Mar2017 Saxton Field Committee Information Request 2 A1733504 - Tasman District Council memo Saxton Field Committee Information request - Council 23Mar2017 |
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Resolved CL/2017/031 That the Council Receives the unconfirmed minutes of a meeting of the Saxton Field Committee on 14 February 2017. Noonan/Courtney Carried |
Her Worship the Mayor advised that the recommendation to Council contained in the minutes would be considered at a later stage of the meeting.
31. Hearings Panel - Other - 28 February 2017
Document number A1720662, Open Attachments pages 293 – 294 refer.
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Resolved CL/2017/032 That the Council Receives the unconfirmed minutes of a meeting of the Hearing Panel – Other, held on 28 February 2017. Matheson/Barker Carried |
Reports From Committees – remaining committees
32. Regional Transport Committee - 5 December 2016
Document number M2253, agenda pages 168 - 172 refer.
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Resolved CL/2017/033 That the Council Receives the unconfirmed minutes of a meeting of the Regional Transport Committee, held on 5 December 2016. Matheson/Rutledge Carried |
33. Nelson Regional Sewerage Business Unit - 9 December 2016
Document number M2258, agenda pages 173 - 177 refer.
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Resolved CL/2017/034 That the Council Receives the minutes of a meeting of the Nelson Regional Sewerage Business Unit, held on 9 December 2016. Skinner/Walker Carried |
34. Works and Infrastructure Committee - 16 February 2017
Document number M2328, agenda pages 178 - 183 refer.
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Resolved CL/2017/035 That the Council Receives the unconfirmed minutes of a meeting of the Works and Infrastructure Committee, held on 16 February 2017. Matheson/Walker Carried |
34.1 Capital Expenditure Programme 2016-17 Quarter 2 Progress Report
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Resolved CL/2017/036 That the Council Approves, with respect to project 2964 Saxton Creek Culvert to Sea flood protection, that $190,000 be transferred from the 2022/23 budget allocation to 2017/18 to enable the detailed design and resource consent to be completed in 2017/18; and Approves, with respect to project 2624 Nile Street East stormwater and flood protection, that · $615,550 of current year budget be transferred to 2017/18, and that the construction stage be moved to 2017/18, · and that an additional $160,000 construction budget in 2017/18 be approved, and that · the total required construction budget of $775,550 is included as a commitment in the draft Annual Plan 2017/18; and Approves, with respect to project 2473 Wastney Terrace piping ditch (stormwater), · that $720,000 of current year budget be transferred to 2017/18, and that · an additional $130,000 for construction budget in 2017/18 be approved, and that · the total required construction budget of $850,000 is included as a commitment in the draft Annual Plan 2017/18; and Approves, with respect to project 2894 Poorman Valley Stream Walkway, that $107,000 be transferred from 2017/18 to 2018/19; and Approves, with respect to project 2555 Water Treatment Plant membranes, · that $1,081,310 be transferred from 2018/19 to 2016/17, and that $938,690 be transferred from 2017/18 to 2016/17, and that · additional 2017/18 budget of $352,500 be approved, to enable early ordering of two sets of membranes, and that · the total required budget of $467,000 in 2017/18 be included as a commitment in the draft Annual Plan 2017/18. Matheson/Walker Carried |
35. Sports and Recreation Committee - 21 February 2017
Document number M2344, agenda pages 184 - 188 refer.
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Resolved CL/2017/037 That the Council Receives the unconfirmed minutes of a meeting of the Sports and Recreation Committee to Hear Submissions to the Proposed Reserve Revocation – Emano East Reserve, held on 21 February 2017. Skinner/Rutledge Carried |
36. Planning and Regulatory Committee - 23 February 2017
Document number M2353, agenda pages 199 - 207 refer.
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Resolved CL/2017/038 That the Council Receives the unconfirmed minutes of a meeting of the Planning and Regulatory Committee, held on 23 February 2017. Her Worship the Mayor/Walker Carried |
37. Chief Executive Employment Committee - 28 February 2017
Document number M2368, agenda pages 208 - 214 refer.
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Resolved CL/2017/039 That the Council Receives the unconfirmed minutes of a meeting of the Chief Executive Employment Committee, held on 28 February 2017. Her Worship the Mayor/Matheson Carried |
37.1 Recruitment Process for Chief Executive
A copy of the draft terms of reference for the proposed Chief Executive Recruitment Subcommittee (A1720208), and a memo regarding Māori/iwi participation in the recruitment process for the Nelson City Council Chief Executive (A1733697) were tabled.
The Chief Executive, Clare Hadley, answered questions regarding the proposed terms of reference for the Chief Executive Recruitment Subcommittee, and Kaihautū/General Manager Māori, Tāmati Olsen, answered questions regarding Māori/iwi participation in the recruitment process for the Chief Executive.
Councillor Matheson, seconded by Councillor Rutledge, moved the recommendation to Council, with alterations to clause three, and including an additional fourth clause.
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Attachments 1 A1720208 - Draft Terms of Reference Chief Executive Recruitment Subcommittee 2 A1733697 - Tamati Olsen Kaihautu Memo to Mayor re Maori Iwi and Chief Executive Recruitment 22Mar2017 |
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Resolved CL/2017/041 That the Council Creates a Chief Executive Recruitment Subcommittee, comprising the Mayor, Deputy Mayor, Cr Acland, Cr Dahlberg and Cr Noonan, and Delegates authority to the Chief Executive to prepare a Request for Proposal for Recruitment Services, to be approved by the Mayor and Deputy Mayor, and to be responded to no later than 30 April 2017; and Delegates authority to the Chief Executive Recruitment Subcommittee to select a tenderer at its meeting no later than 16 May 2017; and Approves the Chief Executive Recruitment Subcommittee Terms of Reference (A1720208), noting the addition of an Iwi Representative to the list of Subcommittee Members. Matheson/Rutledge Carried |
38. Community Services Committee - 2 March 2017
Document number M2377, agenda pages 215 - 221 refer.
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Resolved CL/2017/042 That the Council Receives the unconfirmed minutes of a meeting of the Community Services Committee, held on 2 March 2017. Noonan/Courtney Carried |
39. Governance Committee - 9 March 2017
Document number M2401, agenda pages 222 - 235 refer.
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Resolved CL/2017/043 That the Council Receives the unconfirmed minutes of a meeting of the Governance Committee, held on 9 March 2017. Barker/Courtney Carried |
39.1 Council Controlled Organisations: Local Government Act 2002 Obligations and Exemption
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Resolved CL/2017/044 That the Council Approves a continued exemption to the City of Nelson Civic Trust for the purposes of Section 6(4)(i) of the Local Government Act 2002, in accordance with Sections 7(3) and 7(6) of the Act and after considering the matters in Section 7(5) of the Act. Barker/Dahlberg Carried |
39.2 Health and Safety: Quarterly Report
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Resolved CL/2017/045 That the Council Notes the report Health and Safety Quarterly Report (R7020) and its attachment (A1710588); and Confirms the assessment of critical health and safety risks contained in the attachment (A1710588). Barker/Dahlberg Carried |
39.3 Remission Of Rates To Compensate For Business Disruption
The Chief Executive, Clare Hadley, answered questions regarding the potential for provision of insurance for business interruption as a result of civic works.
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Resolved CL/2017/046 That the Council Confirms not to develop a rates remission policy for businesses affected by civil works undertaken by Council. Barker/Dahlberg Carried |
39.4 Insurance renewal 2017/18 - Infrastructure Assets
Councillor Barker, seconded by Councillor Dahlberg, moved the recommendation to Council.
Following discussion, and with the agreement of the mover and seconder, the motion was altered to remove the Mayor, and include the Deputy Chair of the Governance Committee and the Chair of the Audit, Risk and Finance Subcommittee in the group delegated to decide whether Nelson City Council should exit the Local Authority Protection Programme.
Attendance: Councillor Skinner left the meeting at 6.13pm.
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Resolved CL/2017/047 That the Council Approves delegating authority to the Chair of Governance Committee, Deputy Chair of Governance Committee, Chair of Audit, Risk and Finance Subcommittee and Chief Executive to decide whether Nelson City Council should exit from the Local Authority Protection Program for Council’s infrastructure insurance and the appropriate level of insurance cover, by the end of May 2017 and take any action required to give effect to the decision. Barker/Dahlberg Carried |
39.5 Capital Expenditure Programme 2016-17 - Requests for Change
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Resolved CL/2017/048 That the Council Approves, with respect to project 1199 Civic House Renewal Programme (Lift Renewal), that $225,816 be transferred from 2016/17 to 2017/18, to align with the scheduled installation programme. Barker/Dahlberg Carried |
40. Saxton Field Committee - 14 February 2017 (continued)
Document number A1726930, Open Attachments pages 288 – 292 refer.
40.1 Capital Expenditure Programme 2016-17 – Requests for Change
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Resolved CL/2017/049 That the Council Approves, with respect to project 2930 Velodrome Lights – Grant Saxton Walkways/Cycleways, the transfer of $26,500 from 2016/17 to 2017/18; and Approves, with respect to project 1044 Saxton Walkways/Cycleways, additional budget of $21,983 in 2017/18 subject to Tasman District Council passing the equivalent resolution; and Approves, with respect to project 2150 Saxton Field Champion Road Entrance, additional budget of $39,220 in 2017/18 subject to Tasman District Council passing the equivalent resolution. Noonan/Skinner Carried |
41. Adjournment of Meeting
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Resolved CL/2017/050 That the Council Adjourns the meeting, to be reconvened in the Council Chamber at 9.15am on Thursday 30 March 2017. Her Worship the Mayor/Matheson Carried |
The meeting adjourned at 6.18pm.
Minutes of a reconvened meeting of the Nelson City Council
Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson
On Thursday 30 March 2017, commencing at 9.18am
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), Manager People and Capability (S Vincent), Kaihautū (T Olsen), Team Leader Administration Advisers (R Byrne), Administration Adviser (S Burgess), and Youth Councillors (L Wilkes and J Riley)
42. Confirmation of Order of Business
Her Worship the Mayor advised councillors of an additional Council meeting on 13 April. She noted the passing of Edith Shaw and acknowledged her efforts in the community.
Point of Order: A point of order was raised under Standing Order 3.13.4(e) suggesting that Standing Orders had been breached at the reconvened Council meeting on 28 March 2017, where a motion regarding the City Amenity Bylaw had been declined as a direct negative to the motion on the table. Her Worship the Mayor, with the leave of the meeting, left the point of order on the table pending officer advice.
43. Civic House Accommodation
Document number R7365, agenda pages 144 – 149 refer.
Kaihautū, Tāmati Olsen, presented the report. He responded to questions regarding budget, potential for surplus space, and priority areas for improvement.
A suggestion was raised that if any surplus space was available at Civic House at the end of the upgrade this could be used for community groups.
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Resolved CL/2017/013 That the Council Receives the report Civic House Accommodation (R7365). McGurk/Acland Carried |
Councillor McGurk, seconded by Councillor Acland, moved a motion:
That the Council
Approves the release of a Request for Proposals (RFP) for consultancy advice to inform any upgrade of Civic House office space; noting the proposals requested be for a staged contract providing firstly concept plans then detailed costings to upgrade agreed areas, with Council’s right to exit the contract after any stage; and
Notes that there is interest by Council to investigate accommodating community groups within Civic House in surplus space not required by the Council; and
Notes a workshop will be held with elected members during the development of concept plans.
It was suggested that the following clause be added to the motion after the second clause:
Requires an implementation plan and budget to be reported to Council before the letting of any contract for major physical works (health and safety matters within budget excepted); and
The mover and seconder of the motion agreed to this additional clause.
Officers responded to further questions regarding security, officer productivity and feedback, the State Advances building, and health and safety matters.
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Resolved CL/2017/014 That the Council Approves the release of a Request for Proposals (RFP) for consultancy advice to inform any upgrade of Civic House office space; noting the proposals requested be for a staged contract providing firstly concept plans then detailed costings to upgrade agreed areas, with Council’s right to exit the contract after any stage; and Notes that there is interest by Council to investigate accommodating community groups within Civic House in surplus space not required by the Council; and Requires an implementation plan and budget to be reported to Council before the letting of any contract for major physical works (health and safety matters within budget excepted); and Notes a workshop will be held with elected members during the development of concept plans. McGurk/Acland Carried |
44. Exclusion of the Public
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Resolved CL/2017/015 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: Her Worship the Mayor/Matheson 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 - 15 December 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)(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)(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 |
Council Meeting - Public Excluded Minutes - 2 March 2017 |
Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7. |
The withholding of the information is necessary: · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations). |
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3 |
Saxton Field Committee 14 February 2017 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)(a) To protect the privacy of natural persons, including that of a deceased person |
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4 |
Mayor’s 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)(a) To protect the privacy of natural persons, including that of a deceased person
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5 |
Works and Infrastructure Committee Meeting - Public Excluded Minutes - 16 February 2017 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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6 |
Sports and Recreation Committee Meeting – Public Excluded Minutes – 21 February 2017 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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7 |
Chief Executive Employment Committee Meeting - Public Excluded Minutes - 28 February 2017 These minutes contain a recommendation to Council regarding: Contracts and Local Authorities (Members’ Interests) Act |
Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7. |
The withholding of the information is necessary: · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person. · Section 7(2)(c)(i) To protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to prejudice the supply of similar information or information from the same source and it is in the public interest that such information should continue to be supplied. |
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8 |
Community Services Committee Meeting - Public Excluded Minutes - 2 March 2017 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). |
The meeting went into public excluded session at 9.46am and resumed in public session at 10.56am.
45. Re-admittance of the Public
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Resolved CL/2017/016 That the Council Re-admits the public to the meeting. Her Worship the Mayor/Barker Carried |
The meeting returned to the point of order raised at the commencement of the meeting. The Chief Executive provided advice regarding direct negative amendments and advised that she believed Standing Orders had been followed appropriately in this matter.
Attendance: The meeting adjourned from 10.59am to 11.13am.
The Mayor upheld the point of order.
There being no further business the meeting ended at 11.14am.
Confirmed as a correct record of proceedings:
Chairperson
Date
Minutes of a meeting of the Nelson City Council
Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson
On Thursday 13 April 2017, commencing at 9.03am
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 Corporate Services (N Harrison), Senior Strategic Adviser (N McDonald), Manager Administration (P Langley), Manager Communications (P Shattock), Team Leader Administration Advisers (R Byrne), Administration Adviser (S Burgess), and Nelson Youth Councillors (L Ly and E Edwards)
Opening Prayer
Her Worship the Mayor gave the opening prayer.
1. Apologies
There were no apologies.
2. Confirmation of Order of Business
There was no change to the order of business.
3. Interests
There were no updates to the Interests Register, and no interests with items on the agenda were declared.
4. Public Forum
There was no public forum.
5. Mayor's Report
Her Worship the Mayor provided an update on recent weather events, the opening of the Marsden Valley Cemetery memorial to returned soldiers, and timeframes for remits for the Local Government New Zealand Annual General Meeting.
Attendance: Councillors Matheson and Skinner joined the meeting at 9.10am.
6. Amended Deed of Agreement for Regional Landfill Business Unit and Terms of Reference for Joint Committee
Document number R7483, agenda pages 4 - 78 refer.
Group Manager Corporate Services, Nikki Harrison, presented the report. She noted additional wording to be included in clause two of the officer recommendation to reflect that the final determination from the Commerce Commission had not yet been received.
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Resolved CL/2017/086 That the Council Receives the report Amended Deed of Agreement for Regional Landfill Business Unit and Terms of Reference for Joint Committee (R7483) and its attachments (A1742987, A1740538, A1742918, A1740535, A1742942 and A1742760); and
Approves, subject to equivalent approval from Tasman District Council and the issue of a final authorisation by the New Zealand Commerce Commission, the Deed of Agreement for the Nelson Tasman Regional Landfill Business Unit (A1740538), and the Terms of Reference for the Nelson Tasman Regional Landfill Business Unit as a joint committee of Tasman District and Nelson City Councils (A1740535); and
Confirms, subject to equivalent confirmation from Tasman District Council, that the Terms of Reference (A1740535) constitutes an agreement as required under Schedule 7, clause 30A, of the Local Government Act 2002; and
Updates the Nelson City Council Delegations Register to include the Nelson Tasman Joint Landfill Business Unit delegations (A1742760). Barker/Courtney Carried |
7. Establishment of Joint Committee for Regional Landfill Business Unit
Document number R7481, agenda pages 79 - 82 refer.
Group Manager Corporate Services, Nikki Harrison, presented the report. She noted additional wording to be included in clause two of the officer recommendation to reflect that the final determination from the Commerce Commission had not yet been received.
Councillors Barker and Walker were nominated as Council members of the Nelson Tasman Regional Landfill Business Unit.
Attendance: Councillor Fulton left the meeting from 9.21am to 9.23am.
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Resolved CL/2017/087 That the Council Receives the report Establishment of Joint Committee for Regional Landfill Business Unit (R7481); and
Establishes, subject to an equivalent resolution by Tasman District Council and the issue of a final authorisation by the New Zealand Commerce Commission, the Nelson Tasman Regional Landfill Business Unit as a joint committee of Nelson City Council and Tasman District Council; and
Appoints Councillor Barker and Councillor Walker as Council members of the Nelson Tasman Regional Landfill Business Unit. Her Worship the Mayor/Noonan Carried |
There being no further business the meeting ended at 9.27am.
Confirmed as a correct record of proceedings:
Chairperson
Date
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Council 4 May 2017 |
REPORT R7545
Status Report - Council - 4 May 2017
1. Purpose of Report
1.1 To provide an update on the status of actions requested and pending.
1. Recommendation
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Receives the Status Report Council 4 May 2017 (R7545) and its attachment (A1168168). |
Robyn Byrne
Team Leader Administration Advisers
Attachments
Attachment 1: A1168168 Status Report - Council ⇩
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Council 4 May 2017 |
REPORT R7209
Mayor's Report
1. Purpose of Report
1.1 To update Council on several matters.
2. Recommendation
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Receives the Mayor's Report (R7209) and its attachment (A1752164); and Revokes the following parts of its resolution (CL/2017/041) regarding the Recruitment Process for Chief Executive passed on 23 March 2017 as follows: That the Council Creates a Chief Executive Recruitment Subcommittee, comprising the Mayor, Deputy Mayor, Cr Acland, Cr Dahlberg and Cr Noonan, and Delegates authority to the Chief Executive Recruitment Subcommittee to select a tenderer at its meeting no later than 16 May 2017; and Approves the Chief Executive Recruitment Subcommittee Terms of Reference (A1720208), noting the addition of an Iwi Representative to the list of Subcommittee Members. and Creates a Chief Executive Recruitment Group, compromising the Mayor, Deputy Mayor, Cr Acland, Cr Dahlberg and a representative from iwi; and Delegates authority to the elected members of the Chief Executive Recruitment Group to select a tenderer for Recruitment Services no later than 16 May 2017; and Delegates the Chief Executive Recruitment Group to work with the selected tenderer to undertake the Chief Executive Recruitment Process; and Notes that the Chief Executive Recruitment Group has no powers to decide the appointment process and the outcome of their undertaking will be a recommendation to Council; and Notes that the final candidates will be interviewed by Council and the decision of the preferred candidate will be made by Council; and Agrees to attend the Nelson Market during the 2016-2019 triennium when there are matters of high public interest underway, on a Saturday from 8am-1pm, with assistance from an officer at a budget of $900 per year; and Supports Gisborne District Council’s proposed remit to Local Government New Zealand as set out in Attachment 1 (A1752164) and asks the Mayor to advise Gisborne District Council accordingly. |
3. Mayor’s Discretionary Fund
3.1 The Mayor donated $1,000 from the Mayoral Discretionary Fund to Victory Boxing as a contribution towards supporting the performances of the Rob Makaraka show titled “Shot Bro!” which runs over the weekend of 13-14 May with three performances. This show challenges and deals with negative mental health issues in men, depression and suicide. It will be hosted at Victory Boxing. At each performance there will be a number of stalls promoting and providing information about mental health and appropriate services across the city. The Council has worked in partnership with Health Action Trust and the Male Room to support this show.
3.2 The Mayor donated $200 from the Mayoral Discretionary Fund to Abby Robinson, who is a Year 13 student at Nelson College for Girls. Abby has been selected as one of 10 delegates from across New Zealand to participate in the UNYOUTH Pacific Project. Abby will be travelling to Perth in July to participate in the Australia UNYOUTH National Conference and then to Vanuatu on a cultural exchange. The trip will provide an opportunity for Abby to learn more about New Zealand’s relationship with the Pacific. The donation will be put towards the costs associated with this trip.
4. Civic Shield
4.1 On behalf of the Council, the Mayor gifted a Civic Shield to the family of John Goodman, who recently passed away. The Shield was given as a memento to honour John’s contribution and his connection to Nelson. John made an outstanding contribution to the Nelson community in so many different ways – from his guidance and encouragement of students in their sporting endeavours, to his work in the education sector. John touched many people and his legacy will continue to be appreciated within the Nelson community for decades to come.
5. Congratulations to Nelson City Brass Band
5.1 The Mayor would like to extend her congratulations on behalf of the Council to Nelson City Brass on their recent success when they defended their ‘C Grade’ title at the New Zealand Brass Band Championships in Wellington on 22 April. The Band convincingly won the Hymn, Set Test and Own Choice Test, winning the C Grade aggregate by 12.5 points which was an outstanding result. This is a repeat of the hat trick of events achieved by the Band in 2016.
6. Nelson Regional Sewerage Business Unit Iwi Representative Resignation
6.1 At the Nelson Regional Sewerage Business Unit (NRSBU) joint committee meeting on 10 March 2017, Matthew Hippolite resigned as iwi representative to the committee. Mr Hippolite has taken up a new role at the Department of Conservation. He was appointed as iwi representative to the NRSBU in the previous triennium, and appointed in the current triennium by resolution of Nelson City Council and Tasman District Council on 1 December 2016. He has served for approximately four years and we thank Mr Hippolite for his service and contribution to NRSBU. The vacancy will be filled in due course.
7. CDEM Response Planning – Technical Advisory Group
7.1 The Mayor was invited to attend a Forum in Wellington with the Minister of Civil Defence Emergency Management regarding a review of response planning. Mayor Kempthorne also attended this forum. Feedback was provided to the Nelson Tasman Civil Defence Emergency Management Group on 11 April and it was agreed the information would be reported to each Council.
7.2 The review is going to focus on clarifying lines of authority for emergency declaration, as well as clarifying areas of response planning in general. Terms of reference for the review are in the process of being established.
7.3 At the forum it was highlighted that response planning practise varies across the country, and coordination between regions is crucial during an emergency event. It was also noted that there will be broader discussions taking place around risk and assurance.
7.4 Reliance on voluntary staff and community efforts during emergency response is crucial, and we need to ensure that due value is placed on these relationships as part of the review.
8. Revocation of Resolution: Recruitment Process for Chief Executive CL/2017/041
8.1 On 23 March 2017, Council resolved resolution CL/2017/041
That the Council
Creates a Chief Executive Recruitment Subcommittee, comprising the Mayor, Deputy Mayor, Cr Acland, Cr Dahlberg and Cr Noonan, and
Delegates authority to the Chief Executive to prepare a Request for Proposal for Recruitment Services, to be approved by the Mayor and Deputy Mayor, and to be responded to no later than 30 April 2017; and
Delegates authority to the Chief Executive Recruitment Subcommittee to select a tenderer at its meeting no later than 16 May 2017; and
Approves the Chief Executive Recruitment Subcommittee Terms of Reference (A1720208), noting the addition of an Iwi Representative to the list of Subcommittee Members.
8.2 The Request for Proposals process has been undertaken and proposals are ready for evaluation. A recruitment consultancy will be appointed shortly.
8.3 Council is now asked to revoke the first, third and fourth clauses of resolution CL/2017/041 above, which was recommended to Council by the Chief Executive Employment Committee (CEEC) meeting on 28 February 2017.
8.4 Subsequent to the CEEC meeting on 28 February 2017, a terms of Reference document was developed. This was tabled at the Council meeting of 23 March 2017.
8.5 Mr Paul Bell, Council's advisor to the CEEC, was not consulted on the content of the Terms of Reference prior to it being tabled at Council. Subsequently, his advice has been sought and his advice informs this recommendation to revoke the resolution in part.
8.6 It is impractical and not in line with good employment practice for Council to undertake an employment process without the advice and input of the appointed recruitment consultancy. The consultancy firm will have responsibility for running the process for Council in a manner consistent with fair process and consideration of employment law. Privacy considerations for candidates must be taken into account and managed very carefully. The recruitment consultancy will also provide advice on how it plans to keep Council as a whole involved and up to date on the process. I have already advised Council that it is my intention that all elected members will meet with the consultant running the process to scope the brief for the Chief Executive role.
8.7 The elected member group comprising the Mayor, Deputy Mayor, Cr Acland, Cr Dahlberg, Cr Noonan, and an iwi representative will have responsibility for progressing the recruitment process up to the point of recommending final candidates to Council for interview. Council will make the decision on the preferred Candidate.
8.8 To reflect a process that follows good practice, appropriate recommendations are included in this report.
9. Elected Members at Nelson Market
9.1 On 27 March 2014 Council resolved to establish a regular weekly presence for elected members at the Nelson Market:
THAT Council agree to attend the Nelson Market on the first Saturday of each month from 8am–1pm with assistance from an officer at an increased budget commitment of $2,700 per year.
9.2 The Mayor canvassed elected members for feedback on attending a Nelson City Council stall at the Nelson Market in the 2016-2019 triennium. Feedback was mixed with some members showing interest in continuing, others reporting that other methods of engagement were more effective, others felt attendance when Council had a specific issue under consultation was the best approach, and some Councillors did not respond.
9.3 For the 2016-2019 triennium, it is proposed that elected members attend the Nelson Market only when there are matters of high public interest underway, such as the Annual Plan consultation. It is estimated that this will be around four days per year.
9.4 It has proven useful to have an officer alongside elected members to assist with requests for service that need to be documented. One officer working the 8am-1pm shift (assisting with setup and take down from 7am to 2pm) has an expense of $25/hour, or $175/market day.
9.5 The cost if elected members attend the Nelson Market four times per year is approximately $225 per attendance, or $900 per year. This expense is included in the budget.
10. Proposed LGNZ Remit 2016
10.1 The Mayor of Gisborne District Council, Meng Foon, has requested Nelson City Council's support for a remit to LGNZ for consideration at its Annual General Meeting on 25 July 2017, regarding a funding solution for tourist infrastructure. Remits must have formal support from at least one zone or sector group meeting, or five Councils.
10.2 The Mayor supports Gisborne District Council's proposed remit and recommends the remit to Council for its formal support. A copy of the proposed remit is provided as Attachment 1.
10.3 Should Council provide support for the remit then the Mayor will advise Gisborne District Council a ccordingly.
11. Public access at workshops
11.1 Nelson City Council workshops have been public for some years although advertising practices have varied. Elected members may be aware of this and the fact that until recently, this approach has not been tested.
11.2 It is fair to say that there is general confusion about the status of council workshops throughout local government. As the question of public access to workshops has recently arisen at Nelson City Council, Officers have determined a view which has been validated externally, as outlined below.
11.3 Workshops are not public meetings as defined by the Local Government Official Information and Meetings Act 1987. For this reason there is no requirement to provide for public access to workshops or for them to publicly notified.
11.4 Council can continue with the current practice of workshop chairs deciding if a workshop will be conducted with or without public access. Factors that chairs take into consideration when making this decision include the subject matter of the workshop, eg. matters subject to negotiation, legal professional privilege, an obligation of confidence, whether the conduct of public affairs would benefit from free and frank expression of opinions, whether elected members are in the process of theoretical discussion, and whether the subject matter relates to internal policy.
11.5 Council could decide to continue with this approach or ask Officers to develop a policy on public access to workshops. Direction from elected members on the preferred approach would be appreciated.
Rachel Reese
Mayor of Nelson
Attachments
Attachment 1: A1752164 - Gisborne District Council Future Tairawhiti 17-212 Proposed GST Remit ⇩
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Council 4 May 2017 |
REPORT R6596
Elected Member Travel and Training Budget and Criteria
1. Purpose of Report
1.1 To agree the criteria and allocate the budget for elected member travel and training for this triennium.
2. Summary
2.1 During the 2013-16 triennium, Council used set criteria to determine the use of Council funding for elected member travel and training opportunities. Council used both individual budgets for elected members, and a pool of funding for one-off opportunities.
2.2 Elected members provided feedback on travel and training criteria and process at a workshop in December 2016. In general it was felt the system was working well, although it was agreed the criteria could be further clarified.
2.3 It is now time to consider suggested improvements to elected member travel and training criteria and confirm budgets for this triennium.
3. Recommendation
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Receives the report Elected Member Travel and Training Budget and Criteria (R6596) and its attachments (A1743623 and A1743884); and Adopts the Elected Members Travel and Training Criteria 2016-19 (A1743623); and Confirms the individual councillor travel and training budget at $5,000 for the 2016-19 triennium. |
4. Background
4.1 The budget for elected members travel and training covers travel, accommodation, incidental expenses and registration costs for Council-related attendance at governance training and sector opportunities such as meetings, conferences and events.
4.2 In 2013 Council changed its approach from one where travel and training expenditure was approved on a case by case basis, to a whole of triennium approach where each elected member was allocated a discretionary budget to be spent at any point in the triennium in line with the approved criteria.
4.3 This new approach allowed Council to ensure the budget was utilised cost effectively and in line with consistent criteria, while allowing individual members flexibility in training and meeting options. It allowed members to be responsive to last minute opportunities and provided the structure for an even spread of expenditure across councillors. It also freed up governance time to focus on higher priority decisions during Council meetings.
4.4 In 2015 Council agreed that the Resource Management Act Making Good Decisions training would be funded from the funding pool rather than individual member budgets, as this training was of benefit to improving Council governance and effectiveness as a whole.
4.5 In December 2016 elected members discussed travel and training criteria and processes at a workshop and provided feedback to officers.
4.6 Council must now consider the criteria for travel and training expenditure and if it can be improved, as well as allocate the budget amongst elected members for this triennium.
4.7 It is appropriate to note that travel and training budgets do not apply to external appointments to subcommittees or committees, on the basis that these appointees are selected for their existing skills.
5. Travel and training criteria
5.1 The travel and training criteria (Attachment 1) have been revised to include detailed sections on individual budgets and the funding pool, and the expectations for use of this funding.
5.2 The detail in these two new sections in the criteria aligns with 2013-16 practice except for the area of spending on conference/sector opportunities.
5.3 Feedback was received from elected members that it would be appropriate to balance spending of individual budgets between governance training and conference/sector opportunities. Therefore, it is proposed that no more than half of the individual budget is to be spent on conference/sector-related activities. Members may spend a higher proportion of their budget in this area, upon request to the Mayor, Deputy Mayor and Chief Executive.
5.4 Elected members are strongly encouraged to undertake RMA Making Good Decisions training or similar governance training.
Training Needs Analysis
5.5 It has been suggested by members that a ‘training needs analysis’ would be helpful to determine where to focus their training spend, noting that training requirements change over time.
5.6 Attached for information is a brief checklist for elected members who may wish to perform a self-assessment regarding areas of importance for their role as governors of Nelson City (Attachment 2). It is the responsibility of elected members to determine their own training needs. If a member wishes to request further training, this should be raised with the Office of the Mayor as per the Elected Members’ Reimbursement and Expenses Policy.
Training Resources
5.7 Listed below for information are several organisations that offer relevant training for members.
5.7.1 Institute of Directors www.iod.org.nz
5.7.2 Local Government New Zealand (LGNZ) www.lgnz.co.nz
5.7.3 NZ Institute of Management and Leadership www.nzimleadership.co.nz
5.7.4 RMA Making Good Decisions certification www.opusetc.co.nz/making-good-decisions
6. Budget allocation
6.1 Given the benefits of a whole of triennium approach to travel and training budgets as outlined in the Background section above, and the feedback from elected members that the system is working well in general, it seems appropriate to continue this approach for this triennium.
6.2 The total inflated travel and training budget for this triennium is $130,290. This does not include induction costs which are covered under a separate cost code.
6.3 To date, $3,724 has been spent on travel and training, as reported to Council on 23 March 2017. As travel and training criteria and individual budgets have not been set for the new triennium, this spending has been drawn from the travel and training funding pool. This spending will be allocated to individual member budgets as appropriate once Council direction is received for budgets and criteria for this triennium.
Mayoral budget
6.4 The Mayor has a higher travel and training budget allocation, recognising the greater demands of the role.
6.5 The estimated annual cost of the Mayor's travel and training is $12,000 per annum, based on the following proposed programme:
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$ per year |
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LGNZ Zone 5 and 6 meetings – 2 per year |
$1,000 |
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LGNZ Regional Sector meetings – 4 per year |
$2,000 |
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LGNZ Metro Sector or Rural & Provincial Sector meeting – 3 per year |
$1,500 |
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LGNZ Conference |
$2,500 |
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Local Government Advisory Group meeting – 1 per year |
$500 |
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Central Government Local Government Forum – 1 per year |
$500 |
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General travel and training |
$4,000 |
Individual member budgets
6.6 During 2013-16 members were allocated $5,000 each for travel and training opportunities for the triennium. Expenditure varied with some members spending as little as $790, and some members requesting additional funding from the funding pool. On average, members spent $3,039 of individual budgets, $36,469 of the $60,000 budget.
Budget Summary
6.7 After deducting three yearly cycles of the Mayor’s requirements as outlined above ($36,000), and individual budgets of $5,000 per member ($60,000), the balance remaining for the triennium, i.e. the funding pool is $34,290.
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Total travel and training budget for 2016-19 |
$130,290 |
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Mayoral budget |
$36,000 |
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Member budgets x 12 at $5,000 each |
$60,000 |
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Funding pool |
$34,290 |
6.8 Budget expenditure will be reported at every alternate Council meeting. Under-spent budget will be carried forward to the next financial year, up to the financial year ending 30 June 2019.
Budget underspend
6.9 Historically the travel and training budget has been underspent, meaning Council was not realising the full benefit of elected members developing or maintaining their governance skills and keeping their sector knowledge current. Last triennium, Council spent $96,000 of a total budget of $126,400 (not including induction costs).
6.10 It is for Council to consider whether to reduce individual member budgets or the funding pool given the previous underspend. With travel and training criteria clarified, it is anticipated that additional travel and training requests will be received.
6.11 It is recommended that no change be made to budgets at this time. If there is further underspend in this triennium, elected members will be asked to consider reducing the travel and training funding pool through the appropriate annual planning process.
7. Options
7.1 It is recommended that Council confirms criteria and budgets for travel and training for the 2016-19 triennium.
Shailey Burgess
Administration Adviser
Attachments
Attachment 1: A1743623 - Draft Elected Members Travel and Training Budget Criteria 2016-2019 ⇩
Attachment 2: A1743884 - Training/Induction Areas for Elected Members ⇩
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Important considerations for decision making |
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1. Fit with Purpose of Local Government Ensuring elected members are provided adequate and cost-effective training and opportunities to enhance their performance as governors of Nelson City aligns with the purpose of local government. |
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2. Consistency with Community Outcomes and Council Policy Funding for travel and training supports the Community Outcome of ‘Our Council provides leadership and fosters partnerships, a regional perspective, and community engagement’, specifically: · Leaders consult with and understand their communities and work for the good of all, including the wider region. · Our leaders inspire respect, take responsibility for their decisions and act to improve the big issues facing our community. |
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3. Risk There is no risk associated with the matter considered in this report. |
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4. Financial impact Budget implications are covered in section 6 of this report. |
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5. Degree of significance and level of engagement This matter is of low significance as it relates to setting criteria and budgets for elected member travel and training. No engagement on the matter is required. |
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6. Inclusion of Māori in the decision making process Maori have not been consulted on this matter. |
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7. Delegations The setting of criteria and budgets for elected member travel and training has not been delegated to a Committee, therefore is a matter for full Council. |
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Council 4 May 2017 |
REPORT R7558
Elected Members' Code of Conduct
1. Purpose of Report
1.1 To adopt an Elected Members’ Code of Conduct and make appointments to the Conduct Review Panel.
2. Recommendation
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Receives the report Elected Members' Code of Conduct (R7558) and its attachment (A1745031); and Adopts the Nelson City Council Code of Conduct (A1745031); and Appoints Her Worship the Mayor, Councillors _________ and ___________ to the Conduct Review Panel; and Appoints Councillors ________, ___________ and _________ to replace any member on the Conduct Review Panel in the event of a conflict of interest or unavailability of a member. |
3. Background
3.1 The Local Government Act 2002 (the LGA) requires Council to have an Elected Members' Code of Conduct (the Code) (Schedule 7, Clause 15). Nelson City Council’s current Code of Conduct was adopted on 20 November 2014.
3.2 The 2006 Auditor General’s Good Practice Guide for Local Authority Codes of Conduct (the Good Practice Guide) recommends that councils re-adopt their codes after each triennial election. This ensures newly elected members understand, and agree to be governed by, the Code. It also allows the new Council an opportunity to review the principles and rules of the Code in line with best practice and experience in enforcing the Code.
3.3 Since the start of the 2016-19 triennium, Local Government New Zealand (LGNZ) has produced a template Code of Conduct (template Code), following consultation across the local government sector. The template Code updates the previous national standard and provides a plain English version of standards of behaviour expected of elected members in the exercise of their duties. The template Code also provides details on how breaches of the Code will be dealt with.
3.4 Elected members have had an opportunity to provide feedback on the template Code. Members have indicated a preference for the template Code being adopted as Nelson City Council’s Code of Conduct, subject to several amendments to customise the template Code to suit the requirements of Nelson City Council.
3.5 The current Code, or any Code of Conduct subsequently adopted, may be amended or replaced at any meeting of the full Council, provided that the motion is supported by 75% of the members present.
4. Discussion
4.1 A copy of the template Code incorporating suggested amendments to customise it for Nelson City Council (the proposed Code) is included as Attachment 1 (A1745031).
4.2 The Code is an agreement between elected members. It sets out the standards of behaviour expected from elected members, and is considered to be a statement of good governance practice. It is up to Council to decide the content of the Code, and as such it is appropriate for Council to amend the template Code in order to customise it to suit the requirements of Nelson City Council if members wish.
Process for breaches of the Code
4.3 Section 12.2, and Appendix B of the proposed Code set out the process to be followed in the event that a Code of Conduct complaint is received.
4.4 The key differences between the template Code and the proposed Code are:
· A requirement that the Chief Executive forwards a copy of any complaint received to the Mayor;
· Use of the Conduct Review Panel (the Panel) to undertake a preliminary assessment, reserving the use of an independent investigator to material breaches of a sufficiently serious nature to warrant independent investigation; and
· Inclusion of an additional step for actions where a breach is found to be material but of a minor nature. In this instance the consideration will be given to whether the complaint can be resolved by a meeting between the parties, utilising a mediator if required.
4.5 This differs from the template Code, which specifies the use of an independent investigator for all complaints raised under the Code of Conduct.
4.6 There are some advantages to utilising an independent investigator for all complaints, especially in ensuring that investigation processes are free of bias. The LGNZ Code of Conduct Guidelines note that using an independent investigator ensures that the Code process is less likely to be brought into disrepute. However, utilising the services of an independent investigator for every complaint under the Code of Conduct may result in potentially high levels of expenditure, particularly if independent investigations are required for complaints of a minor or technical nature.
4.7 Keeping in mind that the Code is an agreement between members, solving any minor or technical breaches of the Code in-house reflects that the Code is, primarily, a set of ‘house rules’ governing the relationships and behaviours of elected members. For non-material, or minor material breaches, resolving complaints ‘in-house’ may act to strengthen the agreement between members that underpins the Code.
4.8 Council’s current Code of Conduct utilises a Conduct Review Panel (the Panel) to assess complaints and undertake investigations into complaints. It is suggested that the Panel be retained within the proposed Code to undertake preliminary assessments of any complaints and determine if it is a material breach or of sufficiently serious nature, and suggesting outcomes for resolution. In cases where the Panel assesses there to be a material breach of the Code of a sufficiently serious nature, the proposed Code recommends forwarding the complaint to an independent investigator. Serious breaches of the Code of Conduct justify the expense of utilising an independent investigator.
4.9 It is appropriate that at the time of considering adoption of the Code, appointments to the Panel are also made. It is recommended that the Panel be constituted in the same manner as the current Code, being the Mayor along with two nominated councillors, with an additional three councillors nominated to stand in, in cases where members of the Panel are unavailable or otherwise have a conflict of interest.
Media Statements
4.10 Section 6 of the proposed Code emphasises the important role the media play in the operation and efficacy of local democracy, and sets out clear expectations for elected member interaction with the media.
4.11 The key differences between the template Code and the proposed Code are:
· Greater emphasis placed on elected members presenting their personal view when approached for comment by media representatives;
· A request for members to inform Council’s Communications Team of any media statements or responses given; and
· Clarification that the rules pertaining to media comments on members’ own behalf (section 6.2) apply equally to statements made via social media channels, as well as statements made via traditional media channels.
4.12 The request to inform Council’s Communications team of any media statements or responses given allows Council’s Communications team to provide any additional support, information or statements required in a timely manner.
4.13 Inclusion of statements made via social media channels within the rules relating to media comment on a members’ own behalf reflects the increasing use of social media channels as a method for disseminating messages. There is no intention to limit members’ use of social media channels as long as the principles contained in section 6.2 are met, however inclusion of social media serves to draw members’ attention to the impact that statements made via social media can have.
4.14 Adoption of the proposed Code will supersede any previous policies regarding elected members’ interaction with media representatives.
Values
4.15 Section 3 of the template Code includes a list of values that underpins the template Code.
4.16 The proposed Code retains the values listed within section 3, but also includes the additional values established by Nelson City Council at the start of the triennium.
4.17 The Nelson City Council values do not contradict any of the values within the template Code, rather are intended to enhance the proposed Code.
Procedures and Useful Information
4.18 Appendix C of the template Code includes procedures and other useful information contained in the current Code, that are not otherwise captured by other legislation or policy documents. In particular, it outlines the procedures for elected members to follow in applying for a leave of absence and raising operational matters, as well as useful information regarding the use of Council resources and the expected dress code for members.
5. Options
5.1 Council is required to have a Code of Conduct.
5.2 Option 1: Council could adopt the proposed Code (Attachment 1). This is the preferred option, as it is based on the LGNZ template Code, which has been recently reviewed and represents best practice in the local government sector.
5.3 Option 2: Council could choose not to adopt the updated Code, resulting in the current Code remaining operative (status quo). This option is not recommended as elected members have indicated their preference to adopt an amended version of the LGNZ template Code.
E-J Ruthven
Administration Adviser
Attachments
Attachment 1: A1745031 - proposed Code of Conduct for Nelson City Council ⇩
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Important considerations for decision making |
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1. Fit with Purpose of Local Government The Local Government Act 2002 requires Council to have an Elected Members’ Code of Conduct. |
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2. Consistency with Community Outcomes and Council Policy The community outcome that this matter most closely relates to is “Our Council provides leadership and fosters partnerships, a regional perspective, and community engagement” which states “Our leaders inspire respect, take responsibility for their decisions and act to improve the big issues facing our community”. The recommendation to adopt the Code is in line with this outcome in respect of taking responsibility for decisions. |
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3. Risk There is little to no risk in adopting the LGNZ template Code of Conduct with amendments to customise it to Nelson City Council. |
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4. Financial impact The proposed amendments to the LGNZ Code of Conduct are aimed at lessening the potential financial impact of complaints made under the Code, by reserving the use of an independent investigator for material breaches of the Code considered sufficiently serious to warrant an independent investigation. |
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5. Degree of significance and level of engagement This matter is of low significance because the Code of Conduct is an agreement between elected members. No engagement has taken place. |
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6. Inclusion of Māori in the decision making process Maori have not been included in this decision-making process. |
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7. Delegations This is a matter for Council. |
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Council 4 May 2017 |
REPORT R7576
Freedom Camping Site Assessment proposed for Consultation
1. Purpose of Report
1.1 To confirm Council’s direction as set out in the draft Nelson City Freedom Camping Site Assessment.
2. Summary
2.1 The Council has determined that Nelson requires a more specific regulatory regime to manage freedom camping in the City. Council determined on 23 March 2017 that a bylaw made under the Freedom Camping Act 2011 was the most appropriate and proportionate regulatory method to complement other methods of management.
2.2 Council discussed the draft Nelson City Freedom Camping Site Assessment, which forms the basis for the consideration of prohibited and restricted areas, at a workshop on April 4th. Council has the option of approving the draft (Appendix 1), or identifying the inner-City area for a more restrictive ban.
3. Recommendation
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Receives the report Freedom Camping Site Assessment proposed for Consultation (R7576) and it’s attachments (A1748801 and A1752318) ; and Confirms the direction of the draft Site Assessment and accompanying schedules. |
4. Background
4.1 Nelson City does not currently have a bylaw to manage freedom camping in the City. A strategic review was undertaken in August 2016 which identified that the present regulatory regime under the Nelson Resource Management Plan was not fit-for-purpose to manage the issues facing the City. A specific bylaw was required to manage the following:
· Length of stay of motorhomes and campervans in the city at a site
· Hours of overnighting
· Locations for non-self-contained and self-contained
· Prohibitions or restrictions of freedom camping on reserves
4.2 On 23 March Council determined that a Bylaw was the most appropriate regulatory method to manage freedom camping alongside a range of other methods including information and signage contemplated in the strategic review.
4.3 Council discussed the areas where Freedom Camping should be restricted or prohibited as outlined in the draft Site Assessment, at a workshop on 4 April.
4.4 Nelson is liaising with Tasman District Council on their Freedom Camping Bylaw development. Chris Ward, Group Manager Community Services, attended their latest workshop and Council subsequently realigned the proposed hours of overnighting in the draft Nelson City Freedom Camping Bylaw, to maintain consistency with Tasman District.
4.5 The new bylaw will be the Nelson City Freedom Camping Bylaw and it will be considered by Council in a future meeting. A special consultative procedure will be conducted on the draft bylaw to determine its final form by 21 September 2017. This will allow time for enforcement arrangements to be made, appropriate public communication, and signage to be installed, before the bylaw comes into force on 30 November 2017.
5. Discussion
5.1 The Site Assessment (Appendix 1) will accompany the bylaw and form the basis of the Special Consultative Procedure.
5.2 The underlying policy intent of the Site Assessment and the draft bylaw, which have been developed following the strategic review in 2016, can be expressed as:
· Freedom Camping is restricted to self-contained vehicles only.
· In the local authority areas identified in Schedule 1, freedom camping (including self-contained vehicles) is prohibited.
· In the local authority areas identified in Schedule 2, freedom camping is permitted in accordance with the restrictions in that schedule. Exemptions can be applied for under stated conditions.
· In other local authority areas such as roads, freedom camping is permitted in self-contained vehicles only.
· Council to have the ability to open temporary sites or to temporarily close sites to freedom camping for stated reasons.
Site Considerations
5.3 Officers believe Council should consider carefully whether freedom camping in self-contained vehicles on roads throughout the City is acceptable
5.4 Whilst prohibiting or restricting self-contained vehicles from the specific areas defined in the draft Site Assessment document, it will be legal for self-contained vehicles to Freedom Camp in any areas not listed.
5.5 Council may prefer to more broadly define sensitive areas by mapping a line around a zone, such as the inner city, where Freedom Camping in self-contained vehicles is restricted or prohibited.
Legal Considerations
5.6 Once the bylaw is in force, Council will not be able to amend schedules (of areas where freedom camping is prohibited or restricted) without a special consultative procedure.
5.7 Councils may restrict freedom camping to self-contained vehicles throughout the region, provided that this would not amount to a prohibition on all freedom camping, that the restriction can be justified in terms of the purposes of the Freedom Camping Act (protection of area, health and safety of people and access), or that this restriction is justified as a proportionate response to a problem being addressed.
5.8 The Act is not breached by this approach to non-self-contained vehicles. The Bylaw will include the provision for Council to make new areas available on a temporary basis including for non-self-contained if required. In addition, the Site Assessment (Appendix 2; P.75) has information from the 2016 strategic review, which discusses the reason for the approach to overnighting on City streets.
5.9 Adopting a bylaw does not mean that all breaches of a bylaw will cease. Most members of the public respect reasonable regulatory provisions, however sometimes the full force of enforcement process is required. This can mean prosecution in the District Court. There is an infringement regime for breach of bylaws.
5.10 Council should only introduce a bylaw, if it is prepared to enforce it. However, the costs of enforcement of the Bylaw are not accurately known. Queenstown’s expenditure was $80,000 gross in the 2015/16 financial year and is projected to be around $85,000 in 2016/17. If Council were to pass the bylaw, it would be prudent to include $80,000 in the final version of the 2017/18 Annual Plan, for enforcement costs.
6. Options
6.1 The following represent the options available to the Council. Note that the status quo is not discussed. The reason is that the 2016 strategic review highlighted the lack of an effective regulatory framework to address issues which arise.
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Option 1: Delay progress of Site Assessment |
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Advantages |
· More time may allow the Council to consider further areas or zones to restrict or prohibit self-contained vehicles. · Although the draft Site Assessment prohibitions do not breach the law, the more restriction added to non-self-contained vehicles, the greater the risk of a legal challenge. More time may allow the Council to consider further areas to open for non-self-contained vehicles. |
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Risks and Disadvantages |
· Delay may compromise a solution by next summer. · The 2016 strategic review suggested that the current approach is supported by community desire. This will be tested by formal consultation on a draft bylaw. |
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Option 2: Proceed with the Site Assessment as planned |
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Advantages |
· Matters that may be raised in challenge can be addressed by the public process of submissions, hearings and deliberations. · The Site Assessment and the 2016 strategic review guides the development of the Bylaw |
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Risks and Disadvantages |
· There may be alternatives to addressing the issue of non-self-contained vehicles which can be explored with more time. · If Council includes no provision for non-self-contained vehicles in its draft bylaw, it will not have scope to then add any areas based on submissions. · There may be more unidentified sensitive areas to restrict or prohibit self-contained vehicles, which could be explored with more time. |
7. Conclusion
7.1 The draft Site Assessment has been prepared to explore the right regulatory approach to managing freedom camping in Nelson City, in combination with a bylaw and other approaches including information and signage. A key consideration for Council is the degree of restrictions on specific areas, and also on non-self-contained vehicles. This report confirms Council’s direction, and will be the basis for a public consultation on a draft bylaw.
Chris Ward
Group Manager Community Services
Attachments
Attachment 1: A1748801 Appendix 1 - Freedom Camping Bylaw - Site Assessment 26APR2017 ⇩
Attachment 2: A1752318 - Appendix 2 - Schedules and maps - 28APR2017 ⇩
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Important considerations for decision making |
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1. Fit with Purpose of Local Government This report is preparatory to allowing the local community to engage in an issue which has generated considerable public interest for several years. It enables Council to build this public input into its decision-making. |
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2. Consistency with Community Outcomes and Council Policy The Council seeks to arrive at a balanced strategy which deals with the negative effects of freedom camping whilst maintaining the City as a popular destination and embracing of visitors. Nelson 2060 contains a framework of aspirational goals which this proposal aligns to:
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3. Risk The main risk of this Site Assessment is in its approach to non-self-contained vehicles. This approach may open the Council to challenge. This is a key reason for confirming the Site Assessment before presenting a draft Bylaw. |
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4. Financial impact The impacts of implementing any Bylaw and managing the sites identified in the Site Assessment are not accurately known, but the costs for the Queenstown Freedom Camping Bylaw in the 2016/17 year are estimated to be $85,000 gross (the financial year is not complete). |
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5. Degree of significance and level of engagement This report is of low significance as it is preparatory to a formal process which will be of medium significance and formally consulted on. |
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6. Inclusion of Māori in the decision making process Māori have not been consulted in the preparation of this report, however the Site Assessment notes the reserves of iwi significance and iwi history. The scoring regime took into this into account. Public consultation will welcome further input from Māori into the issue. |
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7. Delegations Full Council has the delegation to hear and determine the outcomes of any Bylaw consultation process, so it is appropriate for Council to confirm the Site Assessment. |
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Council 4 May 2017 |
REPORT R7612
Network Tasman Easements - Update regarding Highview Reserve
1. Purpose of Report
1.1 To provide information to Council relating to Network Tasman Easements - Highview Reserve, as requested in the recommendation to Council passed by the Sports and Recreation Committee on 4 April 2017.
2. Recommendation
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Receives the report Network Tasman Easements - Update regarding Highview Reserve (R7612). |
3. Background
3.1 At its meeting on 4 April 2017, the Sports and Recreation Committee considered report R7243 Network Tasman Easements - Railway Reserve, Nelson Airport and Highview Reserve.
3.2 The Committee passed the following recommendation to Council (SPO/2017/038), which is on the Council agenda for 4 May 2017.
That the Council
Grants the easement in gross, meaning granting the easement to Nelson City Council rather than to property, in favour of Network Tasman Limited over the area shown on the plan marked “A” (Attachment One, A1725409) of the Railway Reserve with all legal costs associated with the easement over Railway Reserve to be met by Proper Snack Foods Limited; and
Grants the easement in gross, meaning granting the easement to Nelson City Council rather than to property, in favour of Network Tasman Limited over the area shown on the plan marked “B” (Attachment Two, A1730653) of the Nelson Airport with all legal costs associated with the easement over the Airport to be met by Nelson Airport as tenant; and
Grants the easements in gross, meaning granting the easement to Nelson City Council rather than to property, in favour of Network Tasman Limited over the area on the plan marked “C” (Attachment Three, A1725412) of the Highview Reserve with all legal costs associated with the easements over Highview Reserve to be met by KB Quarries Limited; and
In relation to Highview Reserve, asks the Chief Executive to liaise with the landowner, and ascertain if undergrounding of the lines is possible, to report to Council 4 May 2017; and
Confirms the easements be agreed to under section 48(1) (d) of the Reserves Act 1977, acting pursuant to a delegation from the Minister of Conservation.
3.3 This report relates to the fourth clause of the recommendation (in bold), and should be considered at the same time as Council considers the full recommendation to Council in the Sports and Recreation Committee minutes from 4 April 2017.
3.4 Although the above recommendation to Council has not yet been resolved, it was considered appropriate for officers to investigate the matter prior to the Council meeting of 4 May 2017 to ensure efficient consideration of the matter.
4. Discussion
4.1 On receipt of further information outlined below, it is considered that undergrounding of the lines is no longer necessary, and the easement can proceed as proposed.
4.1.1 The developer has confirmed they only require the easement as an interim measure to have the line strung across Highview Reserve and power connected. This will only be required to remain in place for the next five years, after which all lines are going to be moved underground and through the subdivision property.
4.1.2 Once the line has been removed, the easement over Highview Reserve will also be surrendered.
4.1.3 To put this line underground now, would incur a further charge of $16,000 to the developer and they would prefer to not incur this cost and physical works now when they will be removed in five years. The developer would prefer to put these funds towards the expense of undergrounding the lines in five years through the subdivision property.
4.1.4 The developer has confirmed the pole in front of Highview Reserve was installed by them and no lines are currently connected to this pole. This pole would also be removed in five years when the lines were moved underground.
4.2 The table of ‘important considerations for decision-making’ for this matter can be found in the original report to the Sports and Recreation Committee (R7243), which is on the Council website, or a hard copy can be arranged on request to an Administration Adviser.
5. Options
5.1 It is recommended that Council receive this report.
Alison Millard
Property Legal Executive
Attachments
Minutes of an extraordinary meeting of the Planning and Regulatory Committee
Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson
On Thursday 23 March 2017, commencing at 8.45am
Present: Her Worship the Mayor R Reese (Co-Chairperson), Councillor B McGurk (Co-Chairperson), Councillors L Acland, I Barker, B Dahlberg and S Walker
In Attendance: Councillors P Matheson and G Noonan, Group Manager Strategy and Environment (C Barton), Administration Adviser (J McDougall)
1. Apologies
There were no apologies.
2. Confirmation of Order of Business
There were no changes 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. City Amenity Bylaw
Document number R7364, agenda pages 4 - 6 refer.
Group Manager Strategy and Environment, Clare Barton, presented the report.
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Resolved PR/2017/014 That the Committee Receives the report City Amenity Bylaw (R7364); and Refers to Council all powers of the Planning and Regulatory Committee relating to a City Amenity Bylaw. Dahlberg/Walker Carried |
There being no further business the meeting ended at 8.46am.
Confirmed as a correct record of proceedings:
Chairperson
Date
Minutes of a meeting of the Regional Transport Committee
Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson
On Monday 27 March 2017, commencing at 1.32pm
Present: Deputy Mayor P Matheson (Chairperson), Her Worship the Mayor R Reese, Councillors G Noonan (Deputy Chairperson), and M Rutledge, and J Harland (NZTA representative)
In Attendance: Councillors S Walker and B McGurk, Group Manager Infrastructure (A Louverdis), Manager Roading and Utilities (P Anderson) Asset Engineer Transport (K Goldthorpe), Engineering Adviser (S McAuley), Senior Asset Engineer Transport and Roading (P Devereux), Team Leader Administration Advisers (R Byrne) and Administration Adviser (J McDougall)
1. Apologies
There were no apologies.
2. Confirmation of Order of Business
The Chair advised that a minor late item, Update from the Director, Regional Relationships Nelson, would follow Item 6 – Chairperson’s Report.
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 Peter Olorenshaw - Nelsust Inc
Peter Olorenshaw, Convenor for Nelsust Inc, gave a powerpoint presentation (A1734973), about the Council resolution CL/2016/117: “THAT the Chair and members of the Regional Transport Committee engage with aligned stakeholder groups to provide feedback on priorities in Council’s travel demand activity areas, noting this will be externally facilitated”. He urged the Committee to note the resolution and to review travel demand management.
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Mr Olorenshaw answered questions about the capital costs of a cycleway in Perth, and issues with school traffic in Nelson at peak times. |
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Attachments 1 A1734973 Peter Olorenshaw Nelsust Inc Public Forum Regional Transport Committee 27Mar2017 |
4.2 Kate Malcolm and Delwyn Wasley - Nelsust Inc
Kate Malcolm and Delwyn Wasley, from Nelsust Inc, presented a petition (A1735923) for a Waimea Express Bus trial and noted they had also presented to the Tasman District Council. Ms Malcolm and Ms Wasley responded to questions on subsidies and bus fares.
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Attachments 1 A1735923 - Kate Malcolm and Delwyn Wasley Nelsust Inc Petition Regional Transport Committee 27Mar2017 |
5 Confirmation of Minutes
5.1 5 December 2016
Document number M2253, agenda pages 7 - 11 refer.
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Resolved RTC/2017/001 That the Committee Confirms the minutes of the meeting of the Regional Transport Committee, held on 5 December 2016, as a true and correct record. Matheson/Her Worship the Mayor Carried |
5. Chairperson's Report
Document number R7130, agenda pages 12 - 13 refer.
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Resolved RTC/2017/002 That the Committee Receives the Chairperson's Report (R7130); and Notes that the Regional Transport Committee Chairperson, and Deputy Chairperson as substitute, will be the Council representative at the New Zealand Transport Agency ‘Richmond Network Operating Framework’ workshops. Rutledge/Noonan Carried |
6. Update from Director Regional Relationships Nelson, NZTA
Director Regional Relationships Nelson, New Zealand Transport Agency, Jim Harland gave an update on the current NZTA review including greater use of technology and a targeted approach to clients. Mr Harland advised that a discussion document of a strategic view would be available from mid-April 2017 and feedback would be welcomed.
Mr Harland noted that the business case for the Southern Link was in progress and advised that the NZTA would seek input from the Nelson City Council about projections from Statistics New Zealand about population growth and economic development.
Mr Harland answered questions about the Picton to Kaikoura road including projected timeframes for the road to re-open.
7. Anzac Park to Maitai Path Cycle Link
Document number R7169, agenda pages 14 - 17 refer.
Manager Roading and Utilities, Peter Anderson and Asset Engineer Transport, Kayleen Goldthorpe presented the report and answered questions on funding, phasing of the project and consultation requirements.
Attendance: The meeting adjourned from 2.37pm to 2.39pm.
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Resolved RTC/2017/003 That the Committee Receives the report Anzac Park to Maitai Path Cycle Link (R7169); and Notes the Regional Transport Committee’s desire to include the Haven Halifax link in future options; and Approves the inclusion of the Anzac Park to Maitai Path Cycle Link as a new project in the 2015-2021 Regional Land Transport Plan. Noonan/Matheson Carried |
Attendance: Her Worship the Mayor left the meeting from 2.56pm to 2.58pm.
8. LED Streetlight - Network Wide Conversion
Document number R6845, agenda pages 18 - 20 refer.
Manager Roading and Utilities, Peter Anderson, and Asset Engineer Transport, Kayleen Goldthorpe, presented the report and answered questions about the use of solar technology and the timing of the upgrade.
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Resolved RTC/2017/004 That the Committee Receives the report LED Streetlight - Network Wide Conversion (R6845); and Approves the inclusion of the network wide LED streetlight upgrade into the 2015-2021 Regional Land Transport Plan (RLTP). Rutledge/Matheson Carried |
9. Oldham Creek Bridge Replacement
Document number R7249, agenda pages 21 - 25 refer.
Manager Roading and Utilities, Peter Anderson and Asset Engineer Transport, Kayleen Goldthorpe, presented the report.
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Resolved RTC/2017/005 That the Committee Receives the report Oldham Creek Bridge Replacement (R7249); and Approves the inclusion of Oldham Creek Bridge Replacement as a new project in the 2015-2021 Regional Land Transport Plan. Noonan/Rutledge Carried |
10. Common messaging for South Island Regional Land Transport Plans
Document number R7178, agenda pages 26 - 32 refer.
Group Manager, Alec Louverdis, presented the report. Mr Louverdis answered questions about the adoption of the Charter and common messaging by other South Island local authorities, as part of the South Island Chairs Group and about the need to include the common messaging upfront in all Local Regional Land Transport Plans.
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Resolved RTC/2017/006 That the Committee Receives the report Common messaging for South Island Regional Land Transport Plans (R7178) and its attachment (A1732359); and Notes the amended agreed Collaboration Charter (A1732359); and Approves inclusion of the “Common Messaging” agreed by the South Island Regional Transport Committee Group Chairs in the Regional Land Transport Plan. Rutledge/Noonan Carried |
61. Submission on Draft Government Policy Statement on Land Transport
Document number R7248, agenda pages 33 - 92 refer.
Group Manager Infrastructure, Alec Louverdis, presented the report and tabled an amended Government Policy Statement submission Attachment 3 (A1745392).
Mr Louverdis advised that the outcome of the discussion on a local addendum, if agreed with the Chair and Mayor, would be reported at the Committee’s next meeting.
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Resolved RTC/2017/007 That the Committee Receives the report Submission on Draft Government Policy Statement on Land Transport (R7248) and its attachments (A1721106, A1721112 and A1727792); and Approves for signing, by the Chair of the South Island Regional Transport Committee Group Chairs, the submission on the Draft Policy Statement on Land Transport as prepared by that group (as per attached draft A1727792) and as amended by that group on 20 March 2017; and Delegates responsibility to the Chair of the Regional Transport Committee and Her Worship the Mayor for developing a local addendum to the South Island Regional Transport Committee Group Chair’s submission, if necessary, to capture any significant local issues. Noonan/Matheson Carried |
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Attachments 1 A1745392 South Island RTC Chair draft submission on Government Policy Statement 2018 - final draft 23Mar2018 |
There being no further business the meeting ended at 3.25pm.
Confirmed as a correct record of proceedings:
Chairperson
Date
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 28 March 2017, commencing at 9.33am
Present: His Worship the Mayor of Tasman R Kempthorne (Chairperson), Tasman District Councillors S Brown, S Bryant, P Canton, B Greening, P Hawkes, D McNamara, K Maling, D Ogilvie, P Sangster, T Tuffnell, and A Turley, Her Worship the Mayor of Nelson R Reese, Nelson City Councillors P Matheson, L Acland, I Barker, M Courtney, B Dahlberg, K Fulton, M Lawrey, B McGurk, G Noonan, M Rutledge, T Skinner, and S Walker
In Attendance: Nelson City Council Group Manager Community Services (C Ward), Nelson City Council Group Manager Corporate Services (N Harrison), Tasman District Council Corporate Services Manager (M Drummond), Nelson City Council Administration Adviser (L Canton)
Apologies: Tasman District Councillors T King and D Wensley
1. Apologies
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Resolved JC/2017/001 That the Committee Receives and accepts apologies from Tasman District Councillors King and Wensley. Hawkes/Maling 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 29 November 2016
Document number M2230, agenda pages 6 - 10 refer.
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Resolved JC/2017/002 That the Committee Confirms the minutes of the meeting of the Joint Committee of Tasman District and Nelson City Councils, held on 29 November 2016, as a true and correct record. Brown/Barker Carried |
6. Tasman Bays Heritage Trust six-monthly presentation
Tasman Bays Heritage Trust (TBHT) Deputy Chair, Emma Thompson, and TBHT Director, Lucinda Blackley-Jimson, gave a presentation (A1736415).
Ms Blackley-Jimson outlined TBHT’s achievements over the previous six months. She answered questions relating to the structure of the cash/in kind fund, the identity of donors to the glass plate digitisation project, and the strategy for making the resulting images publicly available.
Ms Blackley-Jimson answered further questions about the suitability or otherwise of Isel House and the Wakatu Estate facility for storage of photographic and heritage items.
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Attachments 1 Attachment: Tasman Bays Heritage Trust six-monthly presentation (A1736415) |
7. Nelson Regional Development Agency six-monthly presentation
Nelson Regional Development Agency (NRDA) Chairman, John Palmer, and Chief Executive, Mark Rawson, gave a presentation (A1736421).
Mr Rawson answered questions relating to the value of freedom camping to the region’s economy and how it was measured, the NRDA’s decision not to fund a follow-up to the Kiwi Flyer film, and the contribution of retired residents to the region’s lower than national Gross Domestic Product per capita.
Mr Rawson also answered questions relating to the possibility of including Nelson as a main centre on television weather programming, the timing of promotion for the new Nelson-West Coast route, and the location and outcomes of NRDA focus groups.
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Attachments 1 Attachment: Nelson Regional Development Agency six-monthly presentation (A1736421) |
8. Exclusion of the Public
It was noted that a resolution was required to allow Paul Steere, Rob Evans and Simon Orr, of Nelson Airport Ltd, and Phil Lough and Martin Byrne, of Port Nelson Ltd, to attend for Items 6 and 7 respectively of the Public Excluded agenda to answer questions.
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Resolved JC/2017/004 Confirms, in accordance with section 48(5) of the Local Government Official Information and Meetings Act 1987, that the following people will remain after the public have been excluded as they have knowledge that will assist the Committee: · Paul Steere, Rob Evans and Simon Orr, of Nelson Airport Ltd, for item 6 of the Public Excluded agenda (Nelson Airport Ltd Six-Monthly Presentation); and · Phil Lough and Martin Byrne, of Port Nelson Ltd, for item 7 of the Public Excluded agenda (Port Nelson Ltd Six-Monthly Presentation); and Notes, in accordance with section 48(6) of the Local Government Official Information and Meetings Act 1987, that the knowledge they possess relates to: · For Paul Steere, Rob Evans and Simon Orr, of Nelson Airport Ltd, knowledge relating to Nelson Airport Ltd; and · Phil Lough and Martin Byrne, of Port Nelson Ltd, knowledge relating to Port Nelson Ltd. Noonan/Bryant Carried |
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Resolved JC/2017/005 That the Committee 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: Noonan/Bryant 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 |
Joint Committee Meeting - Public Excluded Minutes - 29 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)(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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2 |
Nelson Airport Limited six-monthly presentation
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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)(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 |
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3 |
Port Nelson Limited six-monthly presentation
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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)(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 10.23am and resumed in public session at 10.56am.
9. Re-admittance of the Public
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Resolved JC/2017/006 That the Committee Re-admits the public to the meeting. Brown/Walker Carried |
There being no further business the meeting ended at 10.56am.
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 30 March 2017, commencing at 9.00am
Present: Councillor P Matheson (Chairperson), Her Worship the Mayor R Reese, Councillors L Acland, B Dahlberg, M Lawrey, G Noonan, T Skinner and S Walker (Deputy Chairperson)
In Attendance: Councillors I Barker, M Courtney and B McGurk, Group Manager Infrastructure (A Louverdis), Manager Capital Projects (S Davies), Team Leader Engineer (D Light), Team Leader Administration Advisers (R Byrne), Administration Adviser (S Burgess), and Youth Councillors (L Wilkes and J Riley)
Apology: Her Worship the Mayor R Reese (for lateness)
1. Apologies
Her Worship the Mayor’s apology for lateness was noted.
2. Confirmation of Order of Business
The Chair advised that the Committee meeting would adjourn at 9.15am to allow a Council meeting to commence, and would reconvene once the Council meeting ended.
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 Richard Adams
Attendance: Her Worship the Mayor joined the meeting at 9.02am. Councillors Lawrey and Skinner joined the meeting at 9.03am.
Mr Adams spoke in support of the proposed improvements and one way concept for Church Street and suggested the changes would reduce antisocial behaviour and vandalism.
4.2 Gary Cox
Mr Cox spoke in support of the proposed improvements and one way concept for Church Street, and provided a handout (A1738090).
Mr Cox indicated that, should finance be a concern, businesses on Church Street would likely be open to working with Council on this matter. In response to a question, Mr Cox said he believed there was one occupied residence amongst the buildings on Church Street.
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Attachments 1 A1738090 - Gary Cox Church Street Enhancement Group Handout |
Attendance: The meeting adjourned from 9.11am to 11.18am, during which time Her Worship the Mayor and Councillor Skinner left the meeting.
5. Confirmation of Minutes
5.1 16 February 2017
Document number M2328, agenda pages 7 - 12 refer.
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Resolved WI/2017/009 That the Committee Confirms the minutes of the meeting of the Works and Infrastructure Committee, held on 16 February 2017, as a true and correct record. Walker/Lawrey Carried |
6. Status Report - Works and Infrastructure Committee - 30 March 2017
Document number R7366, agenda pages 13 - 17 refer.
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Resolved WI/2017/011 That the Committee Receives the Status Report Works and Infrastructure Committee 30 March 2017 (R7366) and its attachment (A1150321). Matheson/Walker Carried |
7. Church Street Improvement - Concept Design Approval
Document number R7018, agenda pages 18 - 56 refer.
Manager Capital Projects, Shane Davies, presented the report.
Attendance: Her Worship the Mayor returned to the meeting at 11.21am.
Mr Davies responded to questions regarding catenary lighting, stakeholder feedback, design aspects, cyclist use of the area, contingency funds, closure of the street, and security cameras.
Several Committee members felt that discussions could be held with business and property owners regarding financial contribution towards catenary lighting to enable this to proceed.
Attendance: Councillor Skinner returned to the meeting at 11.40am.
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Resolved WI/2017/012 That the Committee Receives the report Church Street Improvement - Concept Design Approval (R7018) and its attachments (A1719565; A1719554; A1569724). Acland/Lawrey Carried |
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Resolved WI/2017/013 That the Committee Approves the concept design as detailed in Attachment 2 (A1719554) of report R7018 for the improvement of Church Street that will allow detailed design and construction to proceed; and Directs officers to engage in further discussions with business and property owners to establish if a financial contribution can be achieved to enable catenary lighting on Church Street, noting the budget limitation for lighting for this project. Her Worship the Mayor/Noonan Carried |
8. Exclusion of the Public
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Resolved WI/2017/014 That the Committee 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: Dahlberg/Lawrey Carried |
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Item |
General subject of each matter to be considered |
Reason for passing this resolution in relation to each matter |
Particular interests protected (where applicable) |
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1 |
Works and Infrastructure Committee Meeting - Public Excluded Minutes - 16 February 2017 |
Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7. |
The withholding of the information is necessary: · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations). |
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2 |
Status Report - Works and Infrastructure Committee - 30 March 2017
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Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7 |
The withholding of the information is necessary: · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) |
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3 |
Low Street - proposed road stopping
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Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7 |
The withholding of the information is necessary: · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) |
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4 |
Saxton Creek Upgrade - Stage 2 Property Negotiations
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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) |
The meeting went into public excluded session at 11.44am and resumed in public session at 12.26pm, during which time Her Worship the Mayor left the meeting.
9. Re-admittance of the Public
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Resolved WI/2017/015 That the Committee Re-admits the public to the meeting. Matheson/Acland Carried |
There being no further business the meeting ended at 12.26pm.
Confirmed as a correct record of proceedings:
Minutes of a meeting of the Sports and Recreation Committee
Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson
On Tuesday 4 April 2017, commencing at 9.00am
Present: Councillor T Skinner (Chairperson), Her Worship the Mayor R Reese, Councillors I Barker, M Courtney, K Fulton, M Rutledge (Deputy Chairperson) and S Walker
In Attendance: Councillor P Matheson, Chief Executive (C Hadley), Group Manager Infrastructure (A Louverdis), Group Manager Community Services (C Ward), Group Manager Corporate Services (N Harrison), Property Legal Executive (A Millard), Property Parks and Facilities Assets Manager (A Petheram), Administration Adviser (J McDougall) and Youth Councillors (J Stallard and J Morgan)
Apologies: Councillor B McGurk for attendance and Councillor K Fulton for lateness
1. Apologies
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Resolved SPO/2017/033 That the Committee Receives and accepts apologies from Councillor B McGurk for attendance and Councillor K Fulton for lateness. Skinner/Barker Carried |
Attendance: Councillor K Fulton joined the meeting at 9.03am.
2. Confirmation of Order of Business
There were no changes to the order of business.
3. Interests
There were no updates to the Interests Register.
Councillor Barker declared an interest in item 8 (Network Tasman Easements – Railway Reserve, Nelson Airport and Highview Reserve) on the Public Agenda and item 5 (Brook Valley Motor Camp and Tahuna Beach Holiday Park – guidance for lease tenders) on the Public Excluded Agenda.
4. Public Forum
There was no public forum.
5. Confirmation of Minutes
5.1 21 February 2017
Document number M2346, agenda pages 7 - 16 refer.
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Resolved SPO/2017/034 That the Committee Confirms the minutes of the meeting of the Sports and Recreation Committee, held on 21 February 2017, as a true and correct record. Barker/Rutledge Carried |
6. Status Report - Sports and Recreation - 4 April 2017
Document number R7444, agenda pages 16 - 22 refer.
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Resolved SPO/2017/035 That
the Committee Receives the Status Report Sports and Recreation Committee 4 April 2017 (R7444) and its attachment (A1664423). Barker/Walker Carried |
7. Chairperson's Report
The Chair gave a brief verbal report, focussing on the Trafalgar Centre improvements and the forthcoming family day to be held at the Trafalgar Centre.
Group Manager Community Services, Chris Ward, answered a question about Trafalgar Centre marketing.
Attendance: Councillor Fulton left the meeting from 9.11am to 9.12am. Her Worship the Mayor joined the meeting at 9.13am.
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Resolved SPO/2017/036 That the Committee Receives the oral Chairperson’s report. Skinner/Fulton Carried |
Attendance: Councillor Barker declared an interest and left the table at 9.15am.
Recreation and Leisure
8. Network Tasman Easements - Railway Reserve, Nelson Airport and Highview Reserve
Document number R7243, agenda pages 23 - 33 refer.
Property Legal Executive, Alison Millard presented the report. Ms Millard noted that she had spoken to Property Parks and Facilities Assets Manager, Andrew Petheram, in relation to Highview Reserve, and he had suggested that the power lines be put underground if possible.
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That the Committee SPO/2017/037 That the Committee Receives the report Network Tasman Easements - Railway Reserve, Nelson Airport and Highview Reserve (R7243) and its attachments (A1725409, A1730653 and A1725412). Fulton/Courtney Carried
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Resolved SPO/2017/038 That the Council Grants the easement in gross, meaning granting the easement to Nelson City Council rather than to property, in favour of Network Tasman Limited over the area shown on the plan marked “A” (Attachment One, A1725409) of the Railway Reserve with all legal costs associated with the easement over Railway Reserve to be met by Proper Snack Foods Limited; and Grants the easement in gross, meaning granting the easement to Nelson City Council rather than to property, in favour of Network Tasman Limited over the area shown on the plan marked “B” (Attachment Two, A1730653) of the Nelson Airport with all legal costs associated with the easement over the Airport to be met by Nelson Airport as tenant; and Grants the easements in gross, meaning granting the easement to Nelson City Council rather than to property, in favour of Network Tasman Limited over the area on the plan marked “C” (Attachment Three, A1725412) of the Highview Reserve with all legal costs associated with the easements over Highview Reserve to be met by KB Quarries Limited; and In relation to Highview Reserve, asks the Chief Executive to liaise with the landowner, and ascertain if undergrounding of the lines is possible, to report to Council 4 May 2017; and Confirms the easements be agreed to under section 48(1) (d) of the Reserves Act 1977, acting pursuant to a delegation from the Minister of Conservation. Fulton/Courtney Carried |
Attendance: Councillor Barker returned to the table at 9.28am.
9. Exclusion of the Public
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Resolved SPO/2017/039 That the Committee 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: Barker/Walker 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 |
Sports and Recreation Committee Meeting - Public Excluded Minutes - 21 February 2017 |
Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7. |
The withholding of the information is necessary: · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations). |
|
2 |
Status Report - Sports and Recreation - 4 April 2017
|
Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7 |
The withholding of the information is necessary: · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) |
|
3 |
Brook Valley Motor Camp and Tahuna Beach Holiday Park - guidance for lease tenders
|
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 9.29am and resumed in public session at 11.22am.
10. Re-admittance of the Public
|
Resolved SPO/2017/040 That the Committee Re-admits the public to the meeting. Walker/Courtney Carried |
There being no further business the meeting ended at 11.23am.
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 6 April 2017, commencing at 9.01am
Present: Councillor G Noonan (Chairperson), Councillors M Courtney (Deputy Chairperson), K Fulton, M Lawrey, B McGurk, P Matheson and M Rutledge
In Attendance: Councillors I Barker and S Walker, Group Manager Community Services (C Ward), Senior Strategic Adviser (N McDonald), Manager Communications (P Shattock) and Administration Adviser (E-J Ruthven)
Apology: Her Worship the Mayor Rachel Reese
1. Apologies
|
Resolved CS/2017/010 That the Committee Receives and accepts an apology from Her Worship the Mayor. Courtney/Rutledge Carried |
2. Confirmation of Order of Business
The Chairperson explained that the Youth Council update would be given prior to the Chairperson’s Report.
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 2 March 2017
Document number M2377, agenda pages 7 - 12 refer.
It was noted that the words “had appointed himself” on page 9 of the agenda should be replaced with “had been appointed”.
|
Resolved CS/2017/011 That the Committee Confirms the amended minutes of the meeting of the Community Services Committee, held on 2 March 2017, as a true and correct record. Courtney/McGurk Carried |
6. Status Report - Community Services Committee - 6 April 2017
Document number R7436, agenda pages 13 - 15 refer.
Attendance: Councillor Fulton joined the meeting at 9.07am.
Updates were provided for status report items.
Attendance: Councillor Matheson left the meeting at 9.11am.
|
Resolved CS/2017/012 That the Committee Receives the Status Report Community Services Committee 6 April 2017 (R7436) and its attachment (A1157454). Lawrey/Fulton Carried |
7. Youth Council Update
Youth Council representatives Ben Rumsey and Fynn Sawyer explained recent and upcoming Youth Council activities, including a focus on increasing the engagement of young people with the general election, and answered committee members’ questions.
Attendance: Councillor Matheson returned to the meeting at 9.19am
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Resolved CS/2017/013 That the Committee Receives the Youth Council Update. Fulton/McGurk Carried |
8. Chairperson's Report
Document number R7442, agenda pages 16 - 45 refer.
The Chairperson gave a verbal report outlining recent activities, including a new initiative to understand difficulties faced by community groups working with people presenting with mental health issues.
Further updates were given by the Chairperson and members of the committee in relation to library activities, the Broadgreen Society, the Positive Ageing Expo, and a recent ‘Inspiring Communities’ workshop.
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Resolved CS/2017/014 That the Committee Receives the Chairperson's Report (R7442) and its attachment (A1602240). Fulton/Rutledge Carried |
9. Youth Strategy progress report
Document number R7440, agenda pages 46 - 59 refer.
Policy Adviser, Gabrielle Thorpe, presented the report. She noted that the amount noted in the final line of the third paragraph on page 54 should be corrected to $536,662.
Ms Thorpe, and Senior Strategic Adviser, Nicky McDonald, answered questions regarding how the Youth Strategy interacted with the Social Wellbeing Policy, youth education and employment opportunities, mental health and addiction issues for young people, examples of youth strategies and actions undertaken in other cities, the proposed engagement process and timeframe for adoption of the Youth Strategy, the development of a specific action plan to complement the Youth Strategy, and how to measure outcomes to determine the success of the Youth Strategy in the future.
Attendance: Councillor Rutledge left the meeting from 10.07am to 10.09am.
Committee members discussed the draft vision statement and draft objectives and expressed a variety of views. There was general agreement that greater focus should be placed on education and employment opportunities for young people and mental health and wellbeing of young people.
Attendance: Councillor Lawrey left the meeting at 10.12am. The meeting adjourned from 10.14am to 10.41pm, during which time Councillor Lawrey returned to the meeting.
Councillor Fulton, seconded by Councillor Courtney, moved
That the Committee
Receives the report Youth Strategy progress report (R7440) and its attachments (A1723503 and A1722981);
Approves the draft objectives in paragraph 4.6.2 of Youth Strategy progress report (R7440) as a basis for further consultation with youth, taking into account suggestions from the Community Services Committee with regards to:
· education and employment opportunities for young people;
· mental health and wellbeing of young people; and
Notes that further work will be undertaken to refine the wording of the draft vision statement and draft objectives; and
Notes that a draft Youth Strategy will be presented to the Community Services Committee meeting on 1 June 2017.
Councillors discussed the motion and indicated support for further development of the draft Youth Strategy.
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Resolved CS/2017/015 That the Committee Receives the report Youth Strategy progress report (R7440) and its attachments (A1723503 and A1722981); and Approves the draft objectives in paragraph 4.6.2 of Youth Strategy progress report (R7440) as a basis for further consultation with youth, taking into account suggestions from the Community Services Committee with regards to: · education and employment opportunities for young people; · mental health and wellbeing of young people; and Notes that further work will be undertaken to refine the wording of the draft vision statement and draft objectives; and Notes that a draft Youth Strategy will be presented to the Community Services Committee meeting on 1 June 2017. Fulton/Courtney Carried |
10. Nelson Youth Council - 7 February 2017
Document number M2308, agenda pages 60 - 63 refer.
|
Resolved CS/2017/016 That the Committee Receives the minutes of a meeting of the Nelson Youth Council, held on 7 February 2017. McGurk/Rutledge Carried |
11. Nelson Youth Council - 1 March 2017
Document number M2372, agenda pages 64 - 66 refer.
|
Resolved CS/2017/017 That the Committee Receives the minutes of a meeting of the Nelson Youth Council, held on 1 March 2017. Courtney/Fulton Carried |
12. Exclusion of the Public
|
Resolved CS/2017/018 That the Committee 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: Courtney/Rutledge 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 - 2 March 2017 |
Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7. |
The withholding of the information is necessary: · Section 7(2)(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 11.10am and resumed in public session at 11.11am.
Please note that as the only business transacted in public excluded was to confirm the public excluded Community Services Committee minutes of 2 March 2017, this business has been recorded in the public minutes. In accordance with the Local Government Official Information Meetings Act, no reason for withholding this information from the public exists.
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Resolved CS/2017/019 That the Committee Confirms the minutes of part of the meeting of the Community Services Committee, held with the public excluded on 2 March 2017, as a true and correct record. Fulton/Courtney Carried |
13. Re-admittance of the Public
|
Resolved CS/2017/020 That the Committee Re-admits the public to the meeting. McGurk/Rutledge Carried |
There being no further business the meeting ended at 11.11am.
Confirmed as a correct record of proceedings:
Chairperson
Date
Minutes of a meeting of the Joint Shareholders Committee
Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson, 110 Trafalgar Street, Nelson
On Tuesday 11 April 2017, commencing at 1.32pm
Present: Her Worship the Mayor of Nelson R Reese (Chairperson), Nelson City Councillors P Matheson (Deputy Chairperson), I Barker, M Courtney, G Noonan, and T Skinner, His Worship the Mayor of Tasman R Kempthorne (Chairperson), Tasman District Councillors S Bryant, PC Canton, D Ogilvie and T Tuffnell
In Attendance: Nelson City Council: Councillor S Walker, Chief Executive (C Hadley), Group Manager Corporate Services (N Harrison), Administration Adviser (S Burgess)
Tasman District Council: Chief Executive (L McKenzie), Corporate Services Manager (M Drummond), Governance Services Officer (H Simpson)
Apologies: Nelson City Councillor T Skinner and Tasman District Councillor P Canton for lateness
1. Apologies
|
Resolved JSC/2017/001 That the Committee Recieves and accepts apologies for lateness from Nelson City Councillor Skinner and Tasman District Councillor Canton. Her Worship Mayor Reese/His Worship Mayor Kempthorne 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 29 November 2016
Document number M2228, agenda pages 6 - 7 refer.
|
Resolved JSC/2017/002 That the Committee Confirms the minutes of the meeting of the Joint Shareholders Committee, held on 29 November 2016, as a true and correct record. Tuffnell/Barker Carried |
6. Tasman Bays Heritage Trust - Half yearly report to 31 December 2016 and Draft Statement of Intent 2017-2018
Document number R7426, agenda pages 8 - 62 refer.
Nelson City Council Group Manager Corporate Services, Nikki Harrison, presented the report with Tasman Bays Heritage Trust (TBHT) Chief Executive Lucinda Blackley-Jimson.
A suggestion was made that a contribution could be given to TBHT towards the replacement of the windows fronting on to Hardy and Trafalgar Streets. Ms Blackley-Jimson advised that the project would be accommodated within existing TBHT budgets.
Councillor Matheson, seconded by Councillor Courtney, moved the officer recommendation with an additional clause:
Contributes $15,000 to the Tasman Bays Heritage Trust towards replacing the windows fronting on to Hardy and Trafalgar Streets.
Attendance: Nelson City Councillor Skinner joined the meeting at 1.43pm.
Nelson City Council Chief Executive, Clare Hadley, advised that the motion on the table did not sit within Joint Shareholders Committee delegations. She recommended that the Committee seek support of the councils to consider the matter in annual planning processes.
Attendance: The meeting adjourned from 1.45pm to 1.47pm, during which time Tasman District Councillor Canton joined the meeting.
Committee members agreed that consideration of the contribution towards windows sat best within Nelson City Council annual planning processes.
The mover and seconder agreed to amend the motion to:
That the Committee
Receives the report Tasman Bays Heritage Trust - Half yearly report to 31 December 2016 and Draft Statement of Intent 2017-2018 (R7426) and its attachments (A1678158, A1724791, A1724801 and A1731694); and
Notes the delivery of the Tasman Bays Heritage Trust Draft Statement of Intent 2017/18 (A1724801) as required under the Local Government Act 2002;
Provides the following feedback to the Tasman Bays Heritage Trust Board on its draft Statement of Intent:
· That Nelson City Council will seek to support replacement of windows fronting on to Hardy and Trafalgar Street by requesting its Council consider a $15,000 contribution in its deliberations on its draft Annual Plan 2017/18
· Include specific milestones for delivery of the Strategic Review, including adoption and implementation of the Policy on Collections, Acquisitions and De-Accessions.
Tasman District Councillors abstained from voting on the first bullet point of clause three of the motion.
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Resolved JSC/2017/003 That the Committee Receives the report Tasman Bays Heritage Trust - Half yearly report to 31 December 2016 and Draft Statement of Intent 2017-2018 (R7426) and its attachments (A1678158, A1724791, A1724801 and A1731694); and Notes the delivery of the Tasman Bays Heritage Trust Draft Statement of Intent 2017/18 (A1724801) as required under the Local Government Act 2002;
Provides the following feedback to the Tasman Bays Heritage Trust Board on its draft Statement of Intent: · That Nelson City Council will seek to support replacement of windows fronting on to Hardy and Trafalgar Street by requesting its Council consider a $15,000 contribution in its deliberations on its draft Annual Plan 2017/18 · Include specific milestones for delivery of the Strategic Review, including adoption and implementation of the Policy on Collections, Acquisitions and De-Accessions. Matheson/Courtney Carried |
7. Nelson Airport Ltd - Half Yearly Report (December 2016)
Document number R6980, agenda pages 71 - 91 refer
Tasman District Council Corporate Services Manager, Mike Drummond, Nelson Airport Chairperson, Paul Steere, and Nelson Airport Chief Executive, Rob Evans, presented the report.
Questions regarding trends, passenger numbers, timeframes, charges and parking were responded to.
|
Resolved JSC/2017/004 That the Committee Receives the Nelson Airport Ltd - Half Yearly Report (December 2016) report (A1738334) and its attachment (A1738436). Courtney/Canton Carried |
8. Port Nelson Limited Half yearly report to 31 December 2016
Document number R6981, agenda pages 63 - 70 refer.
Nelson City Council Group Manager Corporate Services, Nikki Harrison, presented the report. She responded to questions regarding lost time injury, capital expenditure, and tax expense.
|
Resolved JSC/2017/005 That the Committee Receives the report Port Nelson Limited Half yearly report to 31 December 2016 (R6981) and its attachment (A1701863). Noonan/Ogilvie Carried |
9. Exclusion of the Public
Paul Steere and Rob Evans of Nelson Airport Ltd were to be in attendance for Item 4 the Public Excluded agenda to answer questions and, accordingly, the following resolution was required to be passed:
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Resolved JSC/2017/006 That the Committee Confirms, in accordance with section 48(5) of the Local Government Official Information and Meetings Act 1987, Paul Steere and Rob Evans remain after the public has been excluded, for Item Four of the Public Excluded agenda (Nelson Airport Ltd – draft Statement of Intent 2017/18), as they have knowledge that will assist the Council; and Notes, in accordance with section 48(6) of the Local Government Official Information and Meetings Act 1987, the knowledge that Paul Steere and Rob Evans possess relates to the Nelson Airport Ltd draft Statement of Intent 2017/18. Matheson/His Worship Mayor Kempthorne Carried |
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Resolved JSC/2017/007 That the Committee 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: Matheson/His Worship Mayor Kempthorne 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 |
Joint Shareholders Committee Meeting - Public Excluded Minutes - 29 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)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations). |
|
2 |
Nelson Airport Ltd - Draft Statement of Intent 2017/18
|
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 2.08pm and resumed in public session at 3.00pm, during which time Nelson City Councillor Barker left the meeting.
10. Re-admittance of the Public
|
Resolved JSC/2017/008 That the Committee Re-admits the public to the meeting. Her Worship Mayor Reese/His Worship Mayor Kempthorne Carried |
There being no further business the meeting ended at 3.01pm.
Confirmed as a correct record of proceedings:
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 Tuesday 11 April 2017, commencing at 3.01pm
Present: Her Worship the Mayor of Nelson R Reese (Chairperson), Nelson City Councillor P Matheson, His Worship the Mayor of Tasman R Kempthorne
In Attendance: Nelson City Council: Councillor S Walker, Chief Executive (C Hadley), Manager Organisational Assurance and Emergency Management (R Ball), Administration Adviser (S Burgess)
Tasman District Council: Chief Executive (L McKenzie), Corporate Services Manager (M Drummond), Governance Services Officer (H Simpson)
Ministry of Civil Defence Emergency Management (J Lovell)
Apology: Tasman District Councillor T King
Attendance: The meeting adjourned from 3.01pm to 3.17pm.
1. Apologies
|
Resolved CDEM/2017/001 That the Civil Defence Emergency Management Group Receives and accepts the apology from Tasman District Councillor King. Her Worship Mayor Reese/His Worship Mayor Kempthorne Carried |
2. Interests
There were no updates to the Interests Register, and no interests with items on the agenda were declared.
3. Report of the Emergency Management Office
Document number R7486, agenda pages 4 - 26 refer.
Manager Organisational Assurance and Emergency Management, Roger Ball, presented the report and highlighted key points. Mr Ball responded to questions regarding fire evacuation planning and truck replacement.
|
Resolved CDEM/2017/002 That the Civil Defence Emergency Management Group Receives the Report of the Emergency Management Office (R7486) and its attachments (A1685134, A1682798 and A1701746); and Agrees that $55,000 allocated to the replacement of the NZ-RT2 truck be carried over from financial year 2016/17 to financial year 2017/18. Her Worship Mayor Reese/Matheson Carried |
4. Implications of Civil Defence Emergency Management Amendment Act 2016
Document number R7275, agenda pages 27 - 31 refer.
Manager Organisational Assurance and Emergency Management, Roger Ball, and John Lovell of the Ministry of Civil Defence Emergency Management, presented the report and highlighted key points.
|
Resolved CDEM/2017/003 That the Civil Defence Emergency Management Group* Receives the report Implications of Civil Defence Emergency Management Amendment Act 2016 (R7275); and Approves the appointment of Richard Kirby as Nelson Tasman Group Recovery Manager; and Approves the following as Alternate Group Recovery Managers: Clare Barton, Adrian Humphries, and Peter Anderson; and Agrees that the following local authority elected representatives from Nelson City Council and Tasman District Council are authorised, in the following order of precedence, to give notice of a local transition period under s.25 of the Civil Defence Emergency Management Act 2002 (as amended): - Mayor of the district most affected by an emergency - Mayor of the other district - Deputy Mayor of the district most affected by an emergency - Deputy Mayor of the other district - Any elected local authority representative of Nelson City Council or Tasman District Council* * Please note this resolution was amended at a later point in the meeting. Her Worship Mayor Reese/His Worship Mayor Kempthorne Carried |
5. Forum with Minister of CDEM - Feedback from Mayors
Her Worship Mayor Reese provided feedback from her attendance at a recent forum with the Minister of Civil Defence Emergency Management. She explained the focus on clarifying lines of emergency declaration, and spoke about the role of key representatives in setting terms of reference for the review of response planning. Mayor Reese noted that response coordination across the country was critical, and added that broader discussions would be taking place around risk and assurance.
His Worship Mayor Kempthorne also provided feedback on the forum with the Minister, noting that several areas of response planning needed clarification.
The Group noted the importance of, and reliance on, staff and community efforts in emergency response, and the value of those relationships.
It was agreed that this feedback would be reported to each council.
Attendance: The meeting adjourned from 3.52pm to 3.59pm.
6. Implications of Civil Defence Emergency Management Amendment Act 2016 (continued)
It was drawn to Groups’ attention that the final line of the resolution passed earlier in the meeting:
‘Any elected local authority representative of Nelson City Council or Tasman District Council’
was based on the concept that ‘local authority representative’ included Community Board members if required. It was advised that upon review of the legislation, the wording needed clarification to read ‘local authority member’ to ensure authority stayed at the level of elected members.
According to Standing Orders 3.9.17, all members present agreed that this was fresh information, and that the previous resolution should be amended. Accordingly:
|
Resolved CDEM/2017/004 That the Civil Defence Emergency Management Group Receives the report Implications of Civil Defence Emergency Management Amendment Act 2016 (R7275); and Approves the appointment of Richard Kirby as Nelson Tasman Group Recovery Manager; and Approves the following as Alternate Group Recovery Managers: Clare Barton, Adrian Humphries, and Peter Anderson; and Agrees that the following local authority elected representatives from Nelson City Council and Tasman District Council are authorised, in the following order of precedence, to give notice of a local transition period under s.25 of the Civil Defence Emergency Management Act 2002 (as amended): - Mayor of the district most affected by an emergency - Mayor of the other district - Deputy Mayor of the district most affected by an emergency - Deputy Mayor of the other district - Any elected local authority member of Nelson City Council or Tasman District Council Matheson/Kempthorne Carried |
7. Civil Defence Emergency Management Group - Coordinating Executive Group Minutes - 15 February 2017
Document number M2330, agenda pages 32 - 35 refer.
|
Resolved CDEM/2017/005 That the Civil Defence Emergency Management Group Receives the unconfirmed minutes of the Civil Defence Emergency Management Group – Coordinating Executive Group, held on 15 February 2017. Her Worship Mayor Reese/His Worship Mayor Kempthorne Carried |
8. Exclusion of the Public
|
Resolved CDEM/2017/006 That the Civil Defence Emergency Management Group 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: Matheson/His Worship Mayor Kempthorne 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 |
Civil Defence Emergency Management Group - Coordinating Executive Group Public Excluded Minutes - 15 February 2017
|
Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7 |
The withholding of the information is necessary: · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person |
The meeting went into public excluded session at 4.03pm and resumed in public session at 4.04pm.
9. Re-admittance of the Public
|
Resolved CDEM/2017/007 That the Civil Defence Emergency Management Group Re-admits the public to the meeting. Her Worship Mayor Reese/His Worship Mayor Kempthorne Carried |
There being no further business the meeting ended at 4.04pm.
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 13 April 2017, commencing at 9.29am
Present: Her Worship the Mayor R Reese (Co-Chairperson), Councillor B McGurk (Co-Chairperson), Councillors L Acland, I Barker, M Courtney, B Dahlberg, K Fulton, P Matheson, G Noonan, M Rutledge, T Skinner and S Walker
In Attendance: Chief Executive (C Hadley), Group Manager Infrastructure (A Louverdis), Group Manager Corporate Services (N Harrison), Senior Strategic Adviser (N McDonald), Manager Administration (P Langley), Manager Communications (P Shattock), Team Leader Roading and Solid Waste (M Parfitt), Team Leader Administration Advisers (R Byrne), Administration Adviser (S Burgess), and Nelson Youth Councillors (L Ly 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
There was no public forum.
Attendance: The meeting was adjourned from 9.29am to 1.15pm, during which time a Council workshop was held.
5. Confirmation of Minutes
5.1 23 February 2017
Document number M2353, agenda pages 6 - 14 refer.
|
Resolved PR/2017/014 That the Committee Confirms the minutes of the meeting of the Planning and Regulatory Committee, held on 23 February 2017, as a true and correct record. McGurk/Barker Carried |
5.2 23 March 2017 - Extraordinary Meeting
Document number M2438, agenda pages 15 - 16 refer.
|
Resolved PR/2017/015 That the Committee Confirms the minutes of the extraordinary meeting of the Planning and Regulatory Committee, held on 23 March 2017, as a true and correct record. McGurk/Barker Carried |
6. Status Report - Planning and Regulatory Committee -13 April 2017
Document number R7466, agenda pages 17 - 20 refer.
|
Resolved PR/2017/016 That the Committee Receives the Status Report Planning and Regulatory Committee 13 April 2017 (R7466) and its attachment (A1736802). McGurk/Fulton Carried |
7. Chairperson's Report
Councillor McGurk updated the Committee on the Freshwater Management Unit’s recent workshops on fresh water, terrestrial, coastal and plants that would feed into the next biodiversity forum.
Regulatory
8. Freedom Camping Bylaw - Refer Powers to Council
Document number R7385, agenda pages 21 - 24 refer.
|
Resolved PR/2017/017 That the Committee Receives the report Freedom Camping Bylaw - Refer Powers to Council (R7385) ; and Refers to Council all powers of the Planning and Regulatory Committee relating to a Freedom Camping Bylaw. Barker/McGurk Carried |
9. Parking and Vehicle Bylaw (2011), No 207 Amendments to Schedules
Document number R7218, agenda pages 25 - 38 refer.
Team Leader Roading and Solid Waste, Marg Parfitt presented the report. She advised of a change to item 4.1.1 – Greenhill Road whereby as a result of consultation, work-related vehicles would no longer park on the road and an amended proposal allows parking outside number 4 Greenhill Road.
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Resolved PR/2017/018 Receives the report Parking and Vehicle Bylaw (2011), No 207 Amendments to Schedules (R7218) and its attachment (A1730339); and Approves amendments detailed in report R7218, including further amendments made at the Committee meeting on 13 April 2017, to the following schedules of the Bylaw No 207, Parking and Vehicle control (2011): - Schedule 9: No stopping - Schedule 14: Give Way Signs Walker/Dahlberg Carried |
There being no further business the meeting ended at 1.29pm
Confirmed as a correct record of proceedings:
Chairperson
Date
Minutes of a meeting of the Governance Committee
Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson
On Thursday 20 April 2017, commencing at 9.01am
Present: Councillor I Barker (Chairperson), Councillors M Courtney, B Dahlberg (Deputy Chairperson), P Matheson, G Noonan, M Rutledge and T Skinner
In Attendance: Councillor S Walker, Chief Executive (C Hadley), Group Manager Corporate Services (N Harrison), Senior Strategic Adviser (N McDonald), Team Leader Administration Advisers (R Byrne), Administration Adviser (J McDougall) and Youth Councillor (A Tonks)
Apology: Her Worship the Mayor Rachel Reese.
1. Apologies
|
Resolved GOV/2017/031 That the Committee Receives and accepts apologies from Her Worship the Mayor Rachel Reese. Courtney/Noonan 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. Councillor Dahlberg noted that he was a financial member of the Friends of the Suter organisation. There were no other interests declared with items on the agenda.
4. Public Forum
There was no public forum.
5. Confirmation of Minutes
5.1 9 March 2017
Document number M2401, agenda pages 8 - 21 refer.
It was noted that, due to changes to delegations approved by Council on 23 March 2017, the following two items (items 13 and 14 of the minutes of 9 March 2017) now fall within the delegations of the Audit, Risk and Finance Subcommittee:
· Insurance renewal 2017/18 – Infrastructure Assets
· Tendering processes.
Councillor Noonan requested a correction to the wording of the minutes:
· On page 17 of the agenda, in the first paragraph, the first sentence to be replaced with “Councillors in support of the motion noted that further investigation could provide additional learning on the matter, with a focus on informing officers and elected members.”
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Resolved GOV/2017/032 That the Committee Confirms the amended minutes of the meeting of the Governance Committee, held on 9 March 2017, as a true and correct record. Dahlberg/Courtney Carried |
6. Status Report - Governance Committee - 20 April 2017
Document number R7528, agenda pages 22 - 23 refer.
In response to a question, Senior Strategic Adviser, Nicky McDonald, advised that she would convey to the Nelson Cycle Lift Society that the Committee wished to receive a report on Mountain Biking and Gondola at their next meeting.
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Resolved GOV/2017/033 That the Committee Receives the Status Report Governance Committee 20 April 2017 (R7528) and its attachment (A1160658). Noonan/Rutledge Carried |
Chairperson's Report
7. Chairperson's Report
The Chairperson gave a verbal report, including thanking the Anzac Day volunteers and noting that Council’s Anzac Day service would take place at the Church Steps.
Governance
8. The Bishop Suter Trust Half Yearly Report to 31 December 2017 and Draft Statement of Intent 2017/18
Document number R7517, agenda pages 24 - 77 refer.
Chief Executive, Clare Hadley presented the report. Julie Catchpole, Craig Potton and John Hambleton joined the meeting and spoke to a presentation (A1750593).
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Attachments 1 A1750593 - The Suter Art Gallery - 6 month review - Governance - 20Apr2017 |
They answered questions related to marketing, free admission, café lease, staffing resources, donations, acquisitions, fund raising, visitor numbers, capital expenditure, and health and safety matters.
It was noted that free admission to the Suter Art Gallery would be decided as part of the Annual Plan process.
Attendance: Councillor Matheson left the meeting from 10.17am to 10.19am
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Resolved GOV/2017/034 That the Committee Receives the report The Bishop Suter Trust Half Yearly Report to 31 December 2017 and Draft Statement of Intent 2017/18 (R7517) and its attachments (A1724808, A1724813, A1678353 and A1741148); and Notes that changes to the Bishop Suter Trust draft Statement of Intent may be required following confirmation of funding within the draft Annual Plan 2017/18. Dahlberg/Matheson Carried |
Recommendation to Council
Moved by Councillor Dahlberg, seconded by Councillor Matheson.
That the Council
Provides the following feedback to the Bishop Suter Trust on its draft Statement of Intent:
Seeks clarification in relation how the collection can be developed within the physical (storage) and financial (insurance) constraints; and
Requests that in future the free entry component be included in the full business plan.
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Following discussion, Councillors Dahlberg and Matheson agreed to withdraw the motion. |
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Resolved GOV/2017/035 Recommendation to Council That the Council Provides
the following feedback to the Bishop Suter Trust on its draft Statement of
Intent: Noonan/Skinner Carried |
Attendance: the meeting adjourned from 10.32am to 10.49am.
9. Nelson Regional Development Agency Half Yearly Report to 31 December 2016 and Draft Statement of Intent 2017/18
Document number R7439, agenda pages 78 - 117 refer.
Chief Executive, Clare Hadley presented the report and responded to a question about the Tasman District Council’s approach to the report.
Attendance: Councillor Noonan left the meeting at 11.17am.
Mark Rawson and John Palmer from NRDA answered questions on the impact if the full amount of funding requested were not approved, the event strategy, strategic relationship with NMIT, and the regional identity program.
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Resolved GOV/2017/036 That the Committee Receives the report Nelson Regional Development Agency Half Yearly Report to 31 December 2016 and Draft Statement of Intent 2017/18 (R7439) and its attachments (A1726866, A1724816, A1678393 and A1740612); and Notes that the final Statement of Intent will be subject to decisions made on Tasman District Council and Nelson City Council’s respective Annual Plans 2017/18. Dahlberg/Rutledge Carried |
Attendance: Councillor Noonan returned to the meeting at 11.32am.
10. Nelmac Limited six monthly report to 31 December 2016
Document number R7294, agenda pages 118 - 124 refer.
Group Manager Corporate Services, Nikki Harrison, presented the report. It was noted that discussion of the report would be in the Public Excluded part of the meeting.
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Resolved GOV/2017/037 That the Committee Receives the report Nelmac Limited six monthly report to 31 December 2016 (R7294) and its attachment (A1721866). Skinner/Courtney Carried |
11. Exclusion of the Public
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Resolved GOV/2017/038 That the Committee Confirms, in accordance with section 48(5) of the Local Government Official Information and Meetings Act 1987, Rob Gunn and Lee Babe of Nelmac Ltd remain after the public has been excluded, for Item 4 of the Public Excluded agenda (Nelmac Limited draft Statement of Intent 2017/18), as they have knowledge that will assist the Council; Notes, 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 the Nelmac Limited draft Statement of Intent 2017/18.
Courtney/Dahlberg Carried |
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Resolved GOV/2017/039 That the Committee 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: Courtney/Dahlberg Carried |
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Item |
General subject of each matter to be considered |
Reason for passing this resolution in relation to each matter |
Particular interests protected (where applicable) |
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1 |
Governance Committee Meeting - Public Excluded Minutes - 9 March 2017 |
Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7. |
The withholding of the information is necessary: · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations). · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person. · Section 7(2)(j) To prevent the disclosure or use of official information for improper gain or improper advantage. |
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2 |
Nelmac Limited draft Statement of Intent 2017/18
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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) |
The meeting went into public excluded session at 11.36am and resumed in public session at 12.38pm.
12. Re-admittance of the Public
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Resolved GOV/2017/040 That the Committee Re-admits the public to the meeting.
Matheson/Rutledge Carried |
There being no further business the meeting ended at 12.39pm.
Confirmed as a correct record of proceedings:
Minutes of an extraordinary meeting of the Chief Executive Employment Committee
Held in the Ruma Ana, Civic House, 110 Trafalgar Street, Nelson
On Friday 21 April 2017, commencing at 8.34am
Present: Her Worship the Mayor R Reese (Chairperson), Councillors L Acland, B Dahlberg and P Matheson (Deputy Mayor)
In Attendance: Councillors M Courtney and S Walker, Chief Executive (C Hadley), Team Leader Administration Advisers (R Byrne) and External Adviser (P Bell)
Apologies: Nil
1. Apologies
No apologies were received.
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 on the agenda were declared.
4. Public Forum
There was no Public Forum.
5. Exclusion of the Public
It was noted that Paul Bell would be in attendance for the items on the Public Excluded agenda to answer questions and, accordingly, the following resolution was required to be passed:
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Resolved CEE/2017/011 That the Committee Confirms, in accordance with section 48(5) of the Local Government Official Information and Meetings Act 1987, that Mr Paul Bell remain after the public has been excluded, for the Public Excluded agenda items, as he has knowledge that will assist the Council; Notes, in accordance with section 48(6) of the Local Government Official Information and Meetings Act 1987, that the knowledge that Paul Bell possesses relates to the Chief Executive’s performance, remuneration and development. Dahlberg/Matheson Carried |
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Resolved CEE/2017/012 That the Committee 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: Dahlberg/Matheson Carried |
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Item |
General subject of each matter to be considered |
Reason for passing this resolution in relation to each matter |
Particular interests protected (where applicable) |
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1 |
Chief Executive Performance Review
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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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2 |
Draft Terms of Reference for Review - Contracts and Local Authorities (Members' Interests) Act
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Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7 |
The withholding of the information is necessary: · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person |
The meeting went into public excluded session at 8.38am and resumed in public session at 9.52am.
6. Re-admittance of the Public
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Resolved CEE/2017/013 That the Committee Re-admits the public to the meeting.
Her Worship the Mayor/Acland Carried |
There being no further business the meeting ended at 9.53am.
Confirmed as a correct record of proceedings:
Chairperson
Date
