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AGENDA

Ordinary meeting of the

 

Nelson City Council

 

Thursday 22 June 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

 


N-logotype-black-wideNelson City Council

22 June 2017

 

 

Page No.

Opening Prayer

1.       Apologies

1.1      Apologies have been received from Councillors Acland and Rutledge

2.       Confirmation of Order of Business

3.       Interests

3.1      Updates to the Interests Register

3.2      Identify any conflicts of interest in the agenda

4.       Public Forum

5.       Confirmation of Minutes

5.1      4 May 2017                                                                               24 - 46

Document number M2548

Recommendation

That the Council

Confirms the minutes of the meeting of the Council, held on 4 May 2017, as a true and correct record.

5.2      10 May 2017                                                                             46 - 65

Document number M2568

Recommendation

That the Council

Confirms the minutes of the meeting of the Council, held on 10 May 2017, as a true and correct record.

 

5.3      Extraordinary Meeting - 16 May 2017                                       66 - 69

Document number M2583

Recommendation

That the Council

Confirms the minutes of the extraordinary meeting of the Council, held on 16 May 2017, as a true and correct record.

5.4      23 May 2017                                                                             70 - 91

Document number M2609

Recommendation

That the Council

Confirms the minutes of the meeting of the Council, held on 23 May 2017, as a true and correct record.

5.5      8 June 2017                                                                           92 - 106

Document number M2651

Recommendation

That the Council

Confirms the minutes of the meeting of the Council, held on 8 June 2017, as a true and correct record.

6.       Status Report - Council - 22 June 2017                  107 - 117

Document number R7909

Recommendation

That the Council

Receives the Status Report Council 22 June 2017 (R7909) and its attachment (A1168168).

   

7.       Mayor's Report                                                      118 - 128

Document number R7596

Recommendation

That the Council

Receives the Mayor's Report (R7596) and its attachments (A1772372 and A1774133); 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.

 

8.       Adoption of the Annual Plan 2017/18                     129 - 143

Document number R7796

Recommendation

That the Council

Receives the report Adoption of the Annual Plan 2017/18 (R7796) and its attachment (A1763548); and

Adopts the Annual Plan 2017/18 (A1763548); and

Delegates the Mayor and Chief Executive to make any necessary minor editorial amendments to the Annual Plan 2017/18; and

Sets the following rates under the Local Government (Rating) Act 2002, on rating units in the district for the financial year commencing on 1 July 2017 and ending on 30 June 2018:

The revenue approved below will be raised by the rates and charges that follow.

Revenue approved:

General Rate                             $37,180,001

Uniform Annual General Charge   $8,767,024

Stormwater and Flood Protection Charge                                                                                                                                                              $5,234,772

Waste Water Charge                  $7,265,032

Water Annual Charge                 $3,424,912

Water Volumetric Charge           $7,991,460

Clean Heat Warm Homes and Solar Saver

                                                     $490,200

Rates and Charges (excluding GST)

                                                     $70,353,401

Goods and Services Tax (at the current rate)

                                                     $10,553,010

Total Rates and Charges            $80,906,411

The rates and charges below are GST inclusive.

 

(1) General Rate

A general rate set under section 13 of the Local Government (Rating) Act 2002, assessed on a differential land value basis as described below:

·   a rate of 0.69042 cents in the dollar of land value on every rating unit in the “residential – single unit” category.

·   a rate of 0.69042 cents in the dollar of land value on every rating unit in the “residential empty section” category.

·   a rate of 0.75946 cents in the dollar of land value on every rating unit in the “single residential unit forming part of a parent valuation, the remainder of which is non-rateable” category. This represents a 10% differential on land value.

·   a rate of 0.75946 cents in the dollar of land value on every rating unit in the “multi residential” category. This represents a 10% differential on land value.

·   a rate of 1.74470 cents in the dollar of land value on every rating unit in the “commercial – excluding inner city and Stoke commercial” subject to 100% commercial and industrial (occupied and empty) category. This represents a 152.7% differential on land value.

·   a rate of 1.48096 cents in the dollar of land value on every rating unit in the “commercial – excluding inner city and Stoke commercial” subject to 25% residential and 75% commercial” category. This represents a 114.5% differential on land value.

·   a rate of 1.21791 cents in the dollar of land value on every rating unit in the “commercial – excluding inner city and Stoke commercial” subject to 50% residential and 50% commercial” category. This represents a 76.4% differential on land value.

·   a rate of 0.95416 cents in the dollar of land value on every rating unit in the “commercial – excluding inner city and Stoke commercial” subject to 75% residential and 25% commercial” category. This represents a 38.2% differential on land value.

·   a rate of 2.52902 cents in the dollar of land value on every rating unit in the “commercial inner city” subject to 100% commercial and industrial (occupied and empty) category. This represents a 266.3% differential on land value.

·   a rate of 2.06920 cents in the dollar of land value on every rating unit in the “commercial inner city subject to 25% residential and 75% commercial” category. This represents a 199.7% differential on land value.

·   a rate of 1.61007 cents in the dollar of land value on every rating unit in the “commercial inner city subject to 50% residential and 50% commercial” category. This represents a 133.2% differential on land value.

·   a rate of 1.15024 cents in the dollar of land value on every rating unit in the “commercial inner city subject to 75% residential and 25% commercial” category. This represents a 66.6% differential on land value.

·   a rate of 2.41510 cents in the dollar of land value on every rating unit in the “Stoke commercial subject to 100% commercial and industrial (occupied and empty)” category. This represents a 249.8% differential on land value.

·   a rate of 1.98427 cents in the dollar of land value on every rating unit in the “Stoke commercial subject to 25% residential and 75% commercial” category. This represents a 187.4% differential on land value.

·   a rate of 1.55276 cents in the dollar of land value on every rating unit in the “Stoke commercial subject to 50% residential and 50% commercial” category. This represents a 124.9% differential on land value.

·   a rate of 1.12194 cents in the dollar of land value on every rating unit in the “Stoke commercial subject to 75% residential and 25% commercial” category. This represents a 62.5% differential on land value.

·   a rate of 0.44877 cents in the dollar of land value on every rating unit in the “rural” category. This represents a minus 35% differential on land value.

·   a rate of 0.62138 cents in the dollar of land value on every rating unit in the “small holding” category. This represents a minus 10% differential on land value.

 

(2) Uniform Annual General Charge

A uniform annual general charge under section 15 of the Local Government (Rating) Act 2002 of $428.80 per separately used or inhabited part of a rating unit.

 

(3) Stormwater and Flood Protection Charge

A targeted rate under section 16 of the Local Government (Rating) Act 2002 of $287.64 per rating unit, this rate is payable by all ratepayers excluding rural rating units, rating units east of the Gentle Annie saddle, Saxton’s Island and Council’s stormwater network.

 

(4) Waste Water Charge

A targeted rate for waste water disposal under section 16 of the Local Government (Rating) Act 2002 of:

·   $407.97 per separately used or inhabited part of a residential, multi residential, rural and small holding rating units that is connected either directly or through a private drain to a public waste water drain.

·   For commercial rating units, a waste water charge of $101.99 per separately used or inhabited part of a rating unit that is connected either directly or through a private drain to a public waste water drain. Note:  a “trade” waste charge will also be levied.

 

(5) Water Annual Charge

A targeted rate for water supply under Section 16 of the Local Government (Rating) Act 2002, of:

Water charge (per connection)                    $189.32

 

(6) Water Volumetric Rate

A targeted rate for water provided under Section 19 of the Local Government (Rating) Act 2002, of:

Price of water:

Usage up to 10,000 cu.m/year $1.964 per m³

Usage from 10,001 – 100,000 cu.m/year

                                                     $1.550 per m³

Usage over 100,000 cu.m/year $1.222 per m³

Summer irrigation usage over 10,000 cu.m/year

                                                     $1.757 per m³

 

(7) Clean Heat Warm Homes

A targeted rate per separately used or inhabited part of a rating unit that has been provided with home insulation and/or a heater to replace a non-complying solid fuel burner under Section 16 of the Local Government (Rating) Act 2002 in accordance with agreement of the original ratepayer, of:

·   For properties levied the Clean Heat Warm Homes as a result of agreements entered into after 1 July 2011, the targeted rate for each year for 10 years will be the total cost of the installed works excluding GST, divided by 10, plus GST.

·   For properties levied the Clean Heat Warm Homes as a result of agreements entered into prior to 1 July 2011 the targeted rate of:

Loan Assistance Range

Installation after
30 Sept 2010

Completed prior to
30 Sept 2010

$1,400 to $1,599

$140.00

$143.11

$1,600 to $1,799

$160.00

$163.56

$1,800 to $1,999

$180.00

$184.00

$2,000 to $2,199

$200.00

$204.44

$2,200 to $2,399

$220.00

$224.89

$2,400 to $2,599

$240.00

$245.34

$2,600 to $2,799

$260.00

$265.78

$2,800 to $2,999

$280.00

$286.22

$3,000 to $3,199

$300.00

$306.67

$3,200 to $3,399

$320.00

$327.11

$3,400 to $3,599

$340.00

$347.56

$3,600 to $3,799

$360.00

$368.00

$3,800 to $3,999

$380.00

$388.44

$4,000 to $4,199

$400.00

$408.89

$4,200 to $4,399

$420.00

$429.34

$4,400 to $4,599

$440.00

$449.78

$4,600 to $4,799

$460.00

$470.22

$4,800 to $4,999

$480.00

$490.67

 

(8) Solar Hot Water Systems

A targeted rate for any separately used or inhabited parts of a rating unit that has been provided with financial assistance to install a solar hot water system under Section 16 of the Local Government (Rating) Act 2002 in accordance with agreement of the original ratepayer, of the following factors on the extent of provision of service (net cost of the work including GST after deducting EECA grant, plus funding cost):

·   0.14964 (including GST) for agreements entered into prior to 1 July 2011, multiplied by the Net Cost of the Work adjusted for any increased GST.

·   0.13847 (including GST) for agreements entered into after 1 July 2011 multiplied by the Net Cost of the Work.

 

Other Rating Information:

 

Due Dates for Payment of Rates

The above rates (excluding water volumetric rates) are payable at the Nelson City Council office, 110 Trafalgar Street, Nelson and shall be payable in four instalments on the following dates:

Instalment
Number

Instalment Due Date

Last Date for Payment

Penalty Date

Instalment 1

1 August 2017

21 August 2017

25 August 2017

Instalment 2

1 November 2017

20 November 2017

24 November 2017

Instalment 3

1 February 2018

20 February 2018

26 February 2018

Instalment 4

1 May 2018

21 May 2018

25 May 2018

Rates instalments not paid on or by the Last Date for payment above will incur penalties as detailed in the section “Penalty on Rates”.

 

 

 

 

Due Dates for Payment of Water Volumetric Rates

Residential water volumetric rates are payable at the Nelson City Council office, 110 Trafalgar Street, Nelson and shall be payable on the following dates:

Billing Month

Last Date for Payment

Penalty Date

July 2017

20 September 2017

25 September 2017

August 2017

20 September 2017

25 September 2017

September 2017

20 October 2017

26 October 2017

October 2017

20 December 2017

8 January 2018

November 2017

20 December 2017

8 January 2018

December 2017

22 January 2018

26 January 2018

January 2018

20 March 2018

26 March 2018

February 2018

20 March 2018

26 March 2018

March 2018

20 April 2018

26 April 2018

April 2018

20 June 2018

26 June 2018

May 2018

20 June 2018

26 June 2018

June 2018

20 July 2018

26 July 2018

Special (final) water volumetric rates will be payable 14 days from the invoice date of the special (final) water reading as shown on the water invoice.

Commercial water volumetric rates are payable at the Nelson City Council office, 110 Trafalgar Street, Nelson and shall be payable on the following dates:

 

Billing Month

Last Date for Payment

Penalty Date

July 2017

21 August 2017

25 August 2017

August 2017

20 September 2017

25 September 2017

September 2017

20 October 2017

26 October 2017

October 2017

20 November 2017

24 November 2018

November 2017

20 December 2017

8 January 2018

December 2017

22 January 2018

26 January 2018

January 2018

20 February 2018

26 February 2018

February 2018

20 March 2018

26 March 2018

March 2018

20 April 2018

26 April 2018

April 2018

21 May 2018

25 May 2018

May 2018

20 June 2018

26 June 2018

June 2018

20 July 2018

26 July 2018

 

Penalty on Rates

Pursuant to Sections 57 and 58 of the Local Government (Rating) Act 2002, the Council authorises the following penalties on unpaid rates (excluding volumetric water rate accounts) and delegates authority to the Group Manager Corporate Services to apply them:

·   a charge of 10% of the amount of each rate instalment remaining unpaid on the penalty date as shown in the above table and also shown on each rate instalment notice.

·   a charge of 10% will be added on 8 January 2018 to any balance from a previous rating year (including penalties previously charged) remaining outstanding on 5 January 2018.

·   a further additional charge of 10% will be added on 6 July 2018 to any balance from a previous rating year (including penalties previously charged) remaining outstanding on 5 July 2018.

 

Penalty on Water Volumetric Rates

Pursuant to Sections 57 and 58 of the Local Government (Rating) Act 2002, the Council authorises the following penalties on unpaid volumetric water rates and delegates authority to the Group Manager Corporate Services to apply them:

·   a charge of 10% of the amount of each volumetric water rate account remaining unpaid on the penalty date as shown in the above table and also shown on each volumetric water rate account.

 

Penalty Remission

In accordance with Council’s rate remission policy, the Council will approve the remission of the penalty added on instalment one due to late payment provided the total annual rates are paid in full by 20 November 2017. If full payment of the annual rates is not paid by 20 November 2017 the penalties relating to the first instalment outlined above will apply.

The above penalties will not be charged where Council has agreed to a programme for payment of outstanding rates.

The Group Manager Corporate Services is given discretion to remit rates penalties either in whole or part in accordance with Council’s approved rates remission policy, as may be amended from time to time.

 

Discount on Rates

Pursuant to Section 55 of the Local Government (Rating) Act 2002, the Council will allow a discount of 2.0 percent of the total rates (excluding volumetric water rates) where a ratepayer pays the year’s rates in full on or before the Last Date for Payment for instalment one being 21 August 2017.

 

Payment of Rates

The rates shall be payable at the Council offices, Civic House, 110 Trafalgar Street, Nelson between the hours of 8.30am to 5.00pm Monday, Tuesday, Wednesday and Friday and 9.00am to 5.00pm Thursday.

Where any payment is made by a ratepayer that is less than the amount now payable, the Council will apply the payment firstly to any rates outstanding from previous rating years and then proportionately across all current year rates due.

 

9.       Standing Orders Review 2017                                144 - 241

Document number R7306

Recommendation

That the Council

Receives the report Standing Orders Review 2017 (R7306) and its attachments (A1757764 and A1754611) ; and

Adopts the proposed amended standing orders as set out in Attachment 2 (A1754611).

 

10.     Capital Expenditure Programme 2016-17 - Requests for change                                                                  242 - 244

Document number R7607

Recommendation

That the Council

Receives the report Capital Expenditure Programme 2016-17 - Requests for change; and

Approves, with respect to project 2274 Trafalgar Centre mother grid, that $153,915 of 2016-17 budget be transferred to 2017-18; and

Approves, with respect to project 2272 Trafalgar Centre tiered seating renewal, that $356,000 of 2016-17 budget be transferred to 2017-18; and

Approves, with respect to 2271 Trafalgar Centre benched seat replacement, that $460,000 of 2016-17 budget be transferred to 2017-18; and

Approves, with respect to project 3082 Trafalgar Theatre, that $185,000 of 2016-17 budget be transferred to 2017-18.

 

11.     Administrative Matters Report                               245 - 262

Document number R7812

Recommendation

That the Council

Receives the report Administrative Matters Report (R7812) and its attachments (A1771527, A1743623, A1770348. A1645289, and A1721158); 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 (A1721158).

 

12.     Hearings Panel - Other - 14 March 2017                263 - 268

Document number R7912

Recommendation

That the Council

Receives the unconfirmed minutes of a meeting of the Hearing Panel – Other (A1734272), held on 14 March 2017.

  

Reports From Committees

13.     Works and Infrastructure Committee - 18 May 2017 269 - 275

Document number M2586

Recommendation

That the Council

Receives the unconfirmed minutes of a meeting of the Works and Infrastructure Committee, held on 18 May 2017.

 

 

 

 

 

 

 

 

13.1    Maitai To Rocks Road Cycle Path - Approval of Route

Recommendation to Council

That the Council

Approves removal of the $1,579,785 funding and $1,053,190 income line for this project from the 2017/18 Annual Plan, subject to NZTA internal approval for funding and leading project delivery.

 

14.     Audit, Risk and Finance Subcommittee - 18 May 2017 276 - 281

Document number M2590

Recommendation

That the Council

Receives the unconfirmed minutes of a meeting of the Audit, Risk and Finance Subcommittee, held on 18 May 2017.

 

15.     Planning and Regulatory Committee - 25 May 2017

                                                                                                                                                                                  282 - 287

Document number M2616

Recommendation

That the Council

Receives the unconfirmed minutes of a meeting of the Planning and Regulatory Committee, held on 25 May 2017.

 

16.     Chief Executive Employment Committee - 16 May 2017 288 - 292

Document number M2579

Recommendation

 

That the Council

Receives the unconfirmed minutes of a meeting of the Chief Executive Employment Committee, held on 16 May 2017.

 

17.     Sports and Recreation Committee - 30 May 2017   293 - 298

Document number M2624

Recommendation

That the Council

Receives the unconfirmed minutes of a meeting of the Sports and Recreation Committee, held on 30 May 2017.

 

18.     Community Services Committee - 1 June 2017       299 - 305

Document number M2643

Recommendation

That the Council

Receives the unconfirmed minutes of a meeting of the Community Services Committee, held on 1 June 2017.

 

Public Excluded Business

19.     Exclusion of the Public

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 -  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.

·    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

Council Meeting - Public Excluded Minutes -  10 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)(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.

·    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).

3

Extraordinary Council Meeting - Public Excluded Minutes -  16 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)(a)

     To protect the privacy of natural persons, including that of a deceased person.

4

Council Meeting - Public Excluded Minutes -  23 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.

 

5

Council Meeting - Public Excluded Minutes -  8 June 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.

6

Extraordinary Council Meeting - Public Excluded Minutes -  14 June 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.

 

7

Status Report - Council  - Public Excluded - 22 June 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

·   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)

8

Greenmeadows Centre café lease

 

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

Works and Infrastructure Committee Meeting - Public Excluded Minutes -  18 May 2017

 

These minutes contain a recommendation to Council regarding:

 

Low Street Road Stopping

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)(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.

10

Chief Executive Employment Committee Meeting - Public Excluded Minutes -  16 May 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)(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.

·    Section 7(2)(a)

     To protect the privacy of natural persons, including that of a deceased person.

11

Sports and Recreation Committee Meeting - Public Excluded Minutes -  30 May 2017

 

These minutes contain a recommendation to Council regarding:

Community Leases

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7.

The withholding of the information is necessary:

·    Section 7(2)(i)

     To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

12

Community Services Committee Meeting - Public Excluded Minutes -  1 June 2017

 

These minutes contain recommendations to Council regarding:

Community and Commercial Leases and Community Investment Funding Panel Membership

Section 48(1)(a)

The public conduct of this matter would be lely 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.

 

20.     Re-admittance of the public

Recommendation

That the Subcommittee/Committee/Council

Re-admits the public to the meeting.

 

 Note:

·               This meeting is expected to continue beyond lunchtime. (delete as appropriate)

·               Lunch will be provided at 12.30pm. (delete as appropriate)

·               Youth Councillors Reuben Panting and Chekodi Fearnley-Fitzgerald 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 4 May 2017, commencing at 9.06am

 

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 Corporate Services (N Harrison), Acting Group Managers Infrastructure (S Davies and P Anderson), Manager Communications (P Shattock), Administration Adviser (E-J Ruthven) and youth councillors (J Ripley and J Stallard)

 

 

Opening Prayer

Councillor Skinner gave the opening prayer.

1.       Apologies

There were no apologies.

2.       Confirmation of Order of Business

Her Worship the Mayor advised changes to the order of business.

Her Worship the Mayor also advised of two late items, one each for the public and public excluded parts of the meeting, and that resolutions needed to be passed for the items to be considered:

2.1      Commercial Subcommittee - 27 April 2017 - minutes

Resolved CL/2017/092

That the Council

Considers the public excluded item regarding Commercial Subcommittee – 27 April 2017 minutes 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.

Courtney/Rutledge                                                                     Carried

2.2      Commercial Subcommittee - 27 April 2017 – public excluded minutes

Resolved CL/2017/093

That the Council

Considers the public excluded item regarding Commercial Subcommittee 27 April 2017 minutes 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.

Courtney/Rutledge                                                                     Carried

 

3.       Interests

There were no updates to the Interests Register.

Councillor Barker declared an interest in relation to items 11 and 16.1 of the public agenda.  No further interests with items on the agenda were declared.

4.       Public Forum

4.1      Steve Cross - Nelson Residents’ Association

Steve Cross spoke about the wording of resolutions in relation to late items on agendas, and public attendance at workshops.  He noted the principles of transparency and openness underpinning the Local Government Official Information and Meetings Act 1987.

4.2      Kerry Neal

           Kerry Neal spoke about the draft Elected Members’ Code of Conduct and provided comments on a number of points.  He tabled a copy of his comments (A1755317).

Attachments

1    A1755317 - Kerry Neal - Public Forum - Tabled document

5.       Confirmation of Minutes

5.1      23 March 2017

Document number M2440, agenda pages 15 - 63 refer.

It was noted that the following clause relating to the item Modellers Pond review of funding should be removed from the minutes at page 33 of the agenda:

Establishes a Project Group consisting of Councillors Skinner, Walker and Rutledge, and one member of the Nelson Society of Modellers; and

It was suggested that the following sentence should be inserted into the minutes in relation to the item Draft City Amenity Bylaw Proposed for Consultation (continued), following the sentence on page 47 of the agenda “There was a discussion regarding the potential consequences should the motion fail”:

Councillors were advised that, should the motion fail, the bylaw process would come to a stop.

Resolved CL/2017/094

That the Council

Confirms the amended minutes of the meeting of the Council, held on 23 March 2017, as a true and correct record.

Barker/Courtney                                                                         Carried

 

5.2      13 April 2017

Document number M2500, agenda pages 64 - 66 refer.

Resolved CL/2017/095

That the Council

Confirms the minutes of the meeting of the Council, held on 13 April 2017, as a true and correct record.

Her Worship the Mayor/Walker                                                    Carried

6.       Status Report - Council - 4 May 2017

Document number R7545, agenda pages 67 - 76 refer.

Resolved CL/2017/096

That the Council

Receives the Status Report Council 4 May 2017 (R7545) and its attachment (A1168168).

McGurk/Skinner                                                                         Carried

7.       Mayor's Report

Document number R7209, agenda pages 77 - 85 refer.

Her Worship the Mayor advised that items 3.1 and 8 of the Mayor’s Report would be considered at a later point in the meeting.

Resolved CL/2017/097

That the Council

Receives the Mayor's Report (R7209) and its attachment (A1752164).

Her Worship the Mayor/Dahlberg                                                Carried

7.1      Elected Members at Nelson Market

Resolved CL/2017/098

That the Council

Agrees that elected members 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 up to $900 per year.

Noonan/Rutledge                                                                       Carried

7.2      Proposed LGNZ Remit 2016

Attendance:  Councillor Acland left the meeting at 10.00am.

Councillors discussed the proposed Local Government New Zealand remit from Gisborne District Council and a variety of views were expressed.

Resolved CL/2017/099

That the Council

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.

Her Worship the Mayor/Fulton                                                    Carried

Attendance: Councillor Acland returned to the meeting at 10.11am.

7.3      Mayor’s Discretionary Fund – Performance of ‘Shot Bro!’

The meeting considered item 3.1 of the Mayor’s Report.

At Her Worship the Mayor’s invitation, Councillor Noonan spoke about the effects of suicide and the importance of raising awareness of mental health issues.

Attendance:  The meeting adjourned for morning tea from 10.17am to 10.45am.

8.       Elected Member Travel and Training Budget and Criteria

Document number R6596, agenda pages 86 - 95 refer.

Administration Adviser, Shailey Burgess, presented the report and answered questions.

It was agreed that the wording of the Elected Members Travel and Training Criteria 2016-2019 should be amended so that item 1 under the heading ‘Travel and training Funding Pool’ would read:

1.   To make up funding shortfall in the instance that an individual members’ budget has been spent and they are facing extenuating circumstances or they undertake a new role and additional training or travel is warranted.

Resolved CL/2017/100

That the Council

Receives the report Elected Member Travel and Training Budget and Criteria (R6596) and its attachments (A1743623 and A1743884); and

Adopts the amended 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.

Barker/Dahlberg                                                                         Carried

9.       Elected Members' Code of Conduct

Document number R7558, agenda pages 96 - 129 refer.

Administration Adviser, E-J Ruthven, presented the report.  She explained the following amendments to be made to the draft Code of Conduct:

·         Replace the word ‘investigator’s’ with the word ‘Panel’s’ in the final sentence of page 123, so that it read “On receiving the Panel’s preliminary assessment the Chief Executive will:”

·         Replace the words ‘an investigator’ with ‘the Panel’ in the first sentence of page 124, so that it read “where the Panel determines that a complaint is frivolous or without substance…”

·         Re-word the first sentence under Step 5 on page 125 to read “If the subject of a complaint is found to be material and of a sufficiently serious nature, the Panel will inform the Chief Executive…” and remove the words ‘Where the breach is of a sufficiently serious nature” from the second sentence under Step 5 on page 125.

Ms Ruthven and Manager Communications, Paul Shattock, answered questions. 

Attendance:  Councillor Matheson left the meeting at 11.13am.

During discussion, the following changes to the draft Code of Conduct were suggested:

·         Page 109  - final sentence be re-worded to read “Members are encouraged to inform Council’s Communications Team of any media statements or responses given in traditional media (print and broadcast) formats”;

·         Page 104, under the heading ‘Scope’ – separate the bullet point regarding Chief Executive and staff into two bullet points; and

·         Page 113, under the heading ‘Ethical behaviour’ – replace the word ‘interests’ with the word ‘gifts’ in the final bullet point.

Attendance:  Councillor Matheson returned to the meeting at 11.39am.

Following discussion, it was agreed that the draft Code of Conduct would be left to lie on the table until later in the meeting.

Attendance:  The meeting was adjourned from 11.51am to 11.59am.

10.      Mayor’s Report (continued)

The meeting returned to consider item 8 of the Mayor’s Report.

Paul Bell, external adviser to the Chief Executive Employment Committee, joined the meeting via phone link.

Her Worship the Mayor, seconded by Councillor Rutledge, moved the remaining clauses of the recommendation in the Mayor’s report, with the inclusion of Councillor Noonan’s name in the clause creating a Chief Executive Recruitment Group.

Resolved CL/2017/101

That the Council

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, Cr Noonan 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.

Her Worship the Mayor/Rutledge                                                Carried

11.     Exclusion of the Public

Her Worship the Mayor explained that:

·         Paul Bell, external advisor to the Chief Executive Employment Committee, would be in attendance via phone link for Items 7 (Review – Contracts and Local Authorities (Members Interests) Act and 14 (Extraordinary Chief Executive Employment Committee Minutes – 21 April 2017) of the Public Excluded agenda to answer questions; and

·         Mark Rawson, of the Nelson Regional Development Agency, would be in attendance for Item 6 (Sporting Event Funding – New Zealand Netball Super Club Championships) of the Public Excluded agenda to answer questions; and

accordingly, the following resolution was required to be passed:

Resolved CL/2017/102

That the Council

Confirms, in accordance with section 48(5) of the Local Government Official Information and Meetings Act 1987, that:

·         Paul Bell attend via phone link after the public have been excluded, for Items 7 and 14 of the Public Excluded agenda (Review – Contracts and Local Authorities (Members Interests) Act and Extraordinary Chief Executive Employment Committee Minutes – 21 April 2017), as he has knowledge that will assist the Council; and

·         Mark Rawson remain after the public have been excluded, for Item 6 of the Public Excluded agenda (Sporting Event Funding – New Zealand Netball Super Club Championships), as he has knowledge that will assist the Council; and

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 a review regarding to the Contracts and Local Authorities (Members Interests) Act and the Chief Executive Employment Committee; and

·          Mark Rawson possesses relates to the proposed New Zealand Netball Super Club Championships.

Noonan/Matheson                                                                      Carried

 

Resolved CL/2017/103

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:

Noonan/Matheson                                                                      Carried

Item

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Particular interests protected (where applicable)

1

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

2

Extraordinary Chief Executive Employment Committee Meeting - Public Excluded Minutes -  21 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)(a)

     To protect the privacy of natural persons, including that of a deceased person.

3

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.

The meeting went into public excluded session at 12.19pm and resumed in public session at 12.51pm. 

12.     Re-admittance of the Public

Resolved CL/2017/104

That the Council

Re-admits the public to the meeting.

Barker/Courtney                                                                         Carried

Attendance:  The meeting adjourned for lunch from 12.52pm to 1.28pm, during which time Councillors Acland, Noonan and Skinner left the meeting.

13.     Elected Members' Code of Conduct (continued)

Attendance:  Councillors Noonan and Skinner returned to the meeting at 1.30pm.

An extract from the Mayor’s Report to Council on 15 December 2016, relating to Nelson City Council’s values, was tabled (A1755305).

Resolved CL/2017/105

That the Council

Receives the report Elected Members’ Code of Conduct (R7558) and its attachment (A1745031); and

Leaves the matter to lie on the table until a future Council meeting.

Her Worship the Mayor/Walker                                                    Carried

Attachments

1    A1755305 - Extract from Mayor's Report 15 December 2016 - Values

14.     Freedom Camping Site Assessment proposed for Consultation

Document number R7576, agenda pages 130 - 223 refer.

External consultant, David Hammond, and Property Parks and Facilities Asset Manager, Andrew Petheram, presented the report.

Mr Hammond and Mr Petheram noted the following amendments to the Freedom Camping Site Assessment (A1748801):

·         Page 192 and page 223 (appended map) – Norgate Reserve – prohibit all freedom camping in this reserve;

·         Page 173 and page 223 (appended map) – Glenduan Reserve – prohibit all freedom camping in this reserve;

·         Page 223 (appended map)– amend to indicate that freedom camping is prohibited in Millers Acre carpark;

·         Page 223 (appended map) – amend to indicate that freedom camping is prohibited in ANZAC Memorial Park carpark (Haven Road)

Mr Hammond and Mr Petheram answered questions regarding a number of issues relating to freedom camping.

Attendance:  Councillor Matheson left the meeting at 2.05pm, Councillor Noonan left the meeting from 2.17pm to 2.23pm, and Councillor McGurk left the meeting from 2.31pm to 2.34pm.

Resolved CL/2017/106

That the Council

Receives the report Freedom Camping Site Assessment proposed for Consultation (R7576) and its attachments (A1748801 and A1752318).

Her Worship the Mayor/Walker                                                    Carried

Councillors considered the Freedom Camping Site Assessment (A1748801) page by page and agreed to the following amendments:

·         Paddy’s Knob – amend to limit freedom camping in self-contained vehicles to a maximum of four vehicles;

·         Isel Park (Main Road Stoke Carpark) – amend to allow freedom camping to a maximum of three self-contained vehicles;

·         The inclusion of an appropriate restriction on self-contained vehicles camping on central business district streets overnight;

·         Additional amendments to the schedules to reflect the previous changes made;

·         Clarification of the wording on page 219 regarding animals on site;

·         Agreement that each sign should specify the maximum number of self-contained vehicles allowed at any location.

Attendance: Councillor Acland returned to the meeting at 2.58pm, and Councillor Fulton left the meeting from 3.05pm to 3.09pm.

Mr Hammond and Mr Petheram answered further questions regarding freedom camping in inner city carparks and the Maitai or Brook Campgrounds.

Attendance:  Councillor Acland left the meeting at 3.18pm.

Councillor Fulton, seconded by Councillor Courtney, moved

That the Council

Confirms the direction of the draft Site Assessment (A1748801) and accompanying schedules (as amended); and

Requests officers to explore utilising Nelson City Council campgrounds as sites for freedom camping in non-self-contained vehicles.

Attendance:  Councillor Acland returned to the meeting at 3.31pm.

It was agreed that the motion would be taken in parts.

The first clause of 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

Apology

Councillor Noonan

Aye

Councillor Rutledge

Aye

Councillor Skinner

Aye

Councillor Walker

Aye

Her Worship the Mayor

Aye

The motion was carried, 12 – 0.

 

 

Resolved CL/2017/107

That the Council

Confirms the direction of the draft Site Assessment (A1748801) and accompanying schedules (as amended).

Fulton/Courtney                                                                         Carried

The second clause of the motion was put and a division was called.

Councillor Acland

Aye

Councillor Barker

No

Councillor Courtney

Aye

Councillor Dahlberg

No

Councillor Fulton

Aye

Councillor Lawrey

Aye

Councillor McGurk

Aye

Councillor Matheson

Apology

Councillor Noonan

No

Councillor Rutledge

No

Councillor Skinner

No

Councillor Walker

No

Her Worship the Mayor

Aye

The motion was lost, 6-6.

 

Attendance:  The meeting adjourned from 3.43pm to 3.49pm, during which time Councillors Acland, Fulton, Lawrey, McGurk, and Noonan left the meeting.

15.     Sports and Recreation Committee - 4 April 2017

Document number M2475, agenda pages 245 - 250 refer.

Attendance:  Councillors Acland, Fulton and Noonan returned to the meeting at 3.51pm.

 

 

 

 

Resolved CL/2017/108

That the Council

Receives the unconfirmed minutes of a meeting of the Sports and Recreation Committee, held on 4 April 2017.

Skinner/Rutledge                                                                       Carried

15.1    Network Tasman Easements - Railway Reserve, Nelson Airport and Highview Reserve

Attendance:  Councillor McGurk returned to the meeting at 3.52pm.

Attendance:  Councillor Barker declared an interest and sat back from the table for the duration of this item.

Resolved CL/2017/109

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.      

Skinner/Courtney                                                                       Carried

16.     Network Tasman Easements - Update regarding Highview Reserve

Document number R7612, agenda pages 224 - 226 refer.

Attendance:  Councillor Barker declared an interest and sat back from the table for the duration of this item.

Resolved CL/2017/110

That the Council

Receives the report Network Tasman Easements - Update regarding Highview Reserve (R7612).

Rutledge/Dahlberg                                                                     Carried

Reports From Committees

17.     Planning and Regulatory Committee - 23 March 2017

Document number M2438, agenda pages 227 - 228 refer.

Resolved CL/2017/111

That the Council

Receives the unconfirmed minutes of an extraordinary meeting of the Planning and Regulatory Committee, held on 23 March 2017.

McGurk/Her Worship the Mayor                                                  Carried

18.     Extension of Meeting Time

Resolved CL/2017/112

That the Council

Extends the meeting time beyond six hours, pursuant to Standing Order 3.3.7.

Her Worship the Mayor/Dahlberg                                                Carried

19.     Regional Transport Committee - 27 March 2017

Document number M2457, agenda pages 229 - 234 refer.

Resolved CL/2017/113

That the Council

Receives the unconfirmed minutes of a meeting of the Regional Transport Committee, held on 27 March 2017.

Noonan/Rutledge                                                                       Carried

20.     Joint Committee - 28 March 2017

Document number M2449, agenda pages 235 - 239 refer.

Resolved CL/2017/114

That the Council

Receives the unconfirmed minutes of a meeting of the Joint Committee, held on 28 March 2017.

Her Worship the Mayor/Barker                                                    Carried

21.     Works and Infrastructure Committee - 30 March 2017

Document number M2465, agenda pages 240 - 244 refer.

Resolved CL/2017/115

That the Council

Receives the unconfirmed minutes of a meeting of the Works and Infrastructure Committee, held on 30 March 2017.

Walker/Dahlberg                                                                        Carried

22.     Community Services Committee - 6 April 2017

Document number M2486, agenda pages 251 - 257 refer.

Resolved CL/2017/116

That the Council

Receives the unconfirmed minutes of a meeting of the Community Services Committee, held on 6 April 2017.

Noonan/Courtney                                                                       Carried

23.     Joint Shareholders Committee - 11 April 2017

Document number M2493, agenda pages 258 - 263 refer.

Resolved CL/2017/117

That the Council

Receives the unconfirmed minutes of a meeting of the Joint Shareholders Committee, held on 11 April 2017.

Barker/Her Worship the Mayor                                                    Carried

24.     Civil Defence Emergency Management Group - 11 April 2017

Document number M2497, agenda pages 264 - 269 refer.

Resolved CL/2017/118

That the Council

Receives the unconfirmed minutes of a meeting of the Civil Defence Emergency Management Group, held on 11 April 2017.

Her Worship the Mayor/Walker                                                    Carried

25.     Planning and Regulatory Committee - 13 April 2017

Document number M2503, agenda pages 270 - 273 refer.

Resolved CL/2017/119

That the Council

Receives the unconfirmed minutes of a meeting of the Planning and Regulatory Committee, held on 13 April 2017.

McGurk/Her Worship the Mayor                                                  Carried

26.     Governance Committee - 20 April 2017

Document number M2508, agenda pages 274 - 281 refer.

Resolved CL/2017/120

That the Council

Receives the unconfirmed minutes of a meeting of the Governance Committee, held on 20 April 2017.

Barker/Dahlberg                                                                         Carried

26.1    The Bishop Suter Trust Half Yearly Report to 31 December 2017 and Draft Statement of Intent 2017/18

Resolved CL/2017/121

That the Council

Provides the following feedback to the Bishop Suter Trust on its draft Statement of Intent:

·   Seeks clarification in relation to how the collection can be developed within the physical (storage) and financial (insurance) constraints.

Barker/Dahlberg                                                                         Carried

27.     Chief Executive Employment Committee - 21 April 2017

Document number M2516, agenda pages 282 - 284 refer.

Resolved CL/2017/122

That the Council

Receives the unconfirmed minutes of an extraordinary meeting of the Chief Executive Employment Committee, held on 21 April 2017.

Her Worship the Mayor/Dahlberg                                                Carried

28.     Commercial Subcommittee - 27 April 2017

Document number M2531, late item M545, pages 5-10 refers.

Resolved CL/2017/123

That the Council

Receives the unconfirmed minutes of a meeting of the Commercial Subcommittee, held on 27 April 2017.

Barker/Courtney                                                                         Carried

28.1    Forestry Advisory Group

Resolved CL/2017/124

That the Council

Establishes the Forestry Advisory Group; and

Confirms the members of the Forestry Advisory Group are the Chair of the Commercial Subcommittee, Her Worship the Mayor, Councillor Luke Acland, an independent external forestry expert (Mr Peter Gorman), and two Council officers of which one will be the Group Manager Infrastructure.

Barker/Courtney                                                                         Carried

 

29.     Exclusion of the Public

Resolved CL/2017/125

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:

Dahlberg/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

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

Joint Committee Meeting - Public Excluded Minutes -  28 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)(b)(ii)

     To protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information.

5

Works and Infrastructure Committee Meeting - Public Excluded Minutes -  30 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).

6

Sports and Recreation Committee Meeting - Public Excluded Minutes -  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).

7

Joint Shareholders Committee Meeting - Public Excluded Minutes -  11 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)(h)

     To enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

·    Section 7(2)(i)

     To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

8

Civil Defence Emergency Management Group Meeting - Public Excluded Minutes -  11 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)(a)

     To protect the privacy of natural persons, including that of a deceased person.

9

Governance Committee Meeting - Public Excluded Minutes -  20 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).

10

Commercial Subcommittee Meeting - Public Excluded Minutes -  27 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)(h)

     To enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

·    Section 7(2)(i)

     To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

·    Section 7(2)(j)

     To prevent the disclosure or use of official information for improper gain or improper advantage.

The meeting went into public excluded session at 4.05pm and resumed in public session at 5.31pm. 

30.     Re-admittance of the Public

Resolved CL/2017/126

That the Council

Re-admits the public to the meeting.

Her Worship the Mayor/Barker                                                    Carried

 

 

There being no further business the meeting ended at 5.32pm.

Confirmed as a correct record of proceedings:

 

                                                       Chairperson                                     Date

        

 

Minutes of a meeting of the Nelson City Council to hear submissions to the Draft Annual Plan 2017-2018

Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson

On Wednesday 10 May 2017, commencing at 9.00am

 

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 Strategy and Environment (C Barton), Group Manager Community Services (C Ward), Group Manager Corporate Services (N Harrison), Senior Strategic Adviser (N McDonald), Manager Communications (P Shattock), Policy Co-ordinator (J Loughnan), Team Leader Administration Advisers (R Byrne) and Administration Adviser (S Burgess)

Apology:             Councillor L Acland (arrived late afternoon)

 

Opening Prayer

Councillor Noonan gave the opening prayer.

1.              Apologies

Resolved CL/2017/146

That the Council

Receives and accepts an apology from Councillor Acland.     

Her Worship the Mayor/Dahlberg                                                Carried

2.              Confirmation of Order of Business

Her Worship the Mayor drew attention to the final hearing schedule (A1757722), the updates to submission folders (A1756280) and the late submissions (A1757073), which had been tabled. She advised a resolution was required to accept the late submissions.

Resolved CL/2017/147

That the Council 

Accepts the late submissions to the draft Annual Plan 2016/17 (A1757073).

Her Worship the Mayor/Dahlberg                                                Carried

 

Attachments

1    A1757722 - Draft Annual Plan 2017-18  - Hearings Schedule

2    A1756280 - Draft Annual Plan 2017-18 - Late submissions - Memo to Council

3    A1757073 - Draft Annual Plan 2017-18 - Total Late Submissions

Interests

There were no updates to the Interests Register, and no interests with items on the agenda were declared.

3.              Hearing of Submissions to the draft Annual Plan 2017/18

3.1           Mr Tony Gray and Ms Abbey Patterson (Submission:12849) NMIT

           Accompanied by Abbey Patterson, Student President of NMIT, Mr Gray presented his submission. He spoke about the NMIT CAM Plan (Capital Asset Management Plan) and the changes in pedagogy the Institute was planning. Mr Gray said the CAM Plan would be released soon and it would offer opportunities to open the campus up to the community.

Mr Gray said NMIT was looking to reduce its physical footprint and relinquish some spaces and buildings. He said all of this was necessary to adapt to a rapidly changing environment for education delivery.

Mr Gray said Council was a key partner for NMIT. He said he would like to work with officers for the rest of the year to develop some proposals that could be included in the Long Term Plan and that would strengthen the partnership between Council and NMIT.

3.2           Mr Dan McGuire (Submission: 12296) 

           Mr McG        uire presented his submission against funding the Brook Sanctuary and tabled a handout comparing Council rates with inflation rates (A1759574). 

Attachments

1    A1759574 - Dan McGuire Handout

3.3           Mr James Horan (Submission:12335)

           This submitter did not attend the hearing.

3.4           Ms Jo Geddes (Submission:12338) City of Nelson Highland Pipe Band Inc

           Ms Geddes presented the submission on behalf of the City of Nelson Highland Pipe Band requesting funding for contribution to costs to keep the band active and viable.  Ms Geddes tabled an overview of the City of Nelson Highland Pipe Band (A1759576).  

Attachments

1    A1759576 - Jo Geddes Handout

3.5           Mr David Ayre (Submission:12345)

           Mr Ayre presented his submission on cycling in Nelson.   

3.6           Mr Richard Osmaston (Submission:12372) Menzshed Whakatu

           Mr Osmaston presented his submission on Menzshed requesting support from Council and tabled additional advertising presentations (A1759578).   

Attachments

1    A1759578 - Richard Osmaston Handout

3.7           Mrs Meg Rutledge (Submission:12378) Natureland Wildlife Trust 

               Attendance: Councillor Rutledge left the meeting at 9:48am.

           Mrs Rutledge presented her submission on behalf of Natureland Wildlife Trust via teleconference, requesting additional support for an additional staff member to meet industry standards.   

               Attendance: The meeting adjourned for morning tea from 10.10am to 10.40am, during which time Councillor Rutledge returned to the meeting. 

3.8           Ms Larisse Hall (Submission:12404) creating a marine visitor attraction.

           Ms Hall presented her submission regarding a sunken ship to celebrate the marine reserve, education and tourist attraction. 

3.9           Mrs Kirsty Skinner (Submission:12424)  

           This presenter requested to attend on 11 May 2017.

3.10        Mr Alec Woods (Submission:12837) Heritage Nelson

           Mr Woods presented his submission on behalf of Heritage Nelson to reinforce their stand on heritage in Nelson. 

3.11        Ms Andrea Warn (Submission:12467)

           Ms Warn presented her submission on Seymour Avenue requesting Council provide a raised crossing or shared path at end of Seymour Ave so children could safely cross the street to actively go to school by bike, scooter or walking.

3.12        Mrs Ann Nighy (Submission:12393) Nelson Walkers Unite

           Mrs Nighy spoke to her submission on behalf of Nelson Walkers Unite asking for Council to consider separating walking and cycling tracks in the city. 

3.13        Mr Clive Beaumont (Submission:12444) Nelson Bays Football

           Mr Beaumont spoke to his submission on behalf of Nelson Bays Football discussing the state of pitches at Saxton Field and Trafalgar Park.

3.14        Mr Tim Bayley (Submission:12445) Domett St residents

           Mr Bayley presented his submission on Domett St.

3.15        Mr Hugh Briggs (Submission:12450) Colonel Noel Percy Adams (Melrose) Society supported by Doug Hattersley

           Mr Briggs spoke to his submission on behalf of the Colonel Noel Percy Adams (Melrose) Society requesting continued Council support.  

Attachments

1    A1759600 - Hugh Briggs Handout

3.16        Mrs Penny Molnar (Submission:12422) Community Action Nelson  

           Mrs Molnar presented her submission on behalf of Community Action Nelson, noting it been in operation for nearly 30 years. 

3.17        Mr Greg West (Submission:12406)

    This submitter did not attend the hearing.

3.18        Mr Gus Taukamo (Submission:12459) Living Wage and Ms Christine Irvine.

           Mr Taukamo and Ms Irvine presented their submission on behalf of Living Wage. 

3.19        Mrs Mary Ellen O'Connor (Submission:12478) individual  

           This submitter rescheduled to 11 May 2017.

3.20        Mrs Kate Malcolm (Submission:12471)

           Mrs Malcom presented her submission on options for shared paths and tabled an updated map (A1759572).

Attachments

1    A1759572 - Kate Malcolm Handout

3.21        Mr John Rominger (Submission:12704)

    This submitter did not attend the hearing.

3.22        Ms Judy Robinson (Submission:12474) Tahunanui Community Centre

           Ms Robinson presented her submission on behalf of Tahunanui Community Centre requesting the centre and public toilets at the beach be maintained and upgraded.

3.23        Ms Karen Stade (Submission:12476) Nelson Historical Society

           Ms Stade presented her submission, accompanied by Ms Karen Price, Vice-President Nelson Historical Society.

3.24        Mr Bill Johnston, on behalf of Ms Hilary Clifton (Submission:12503) Citizens Advice Bureau Nelson Tasman

           Bill Johnston presented on behalf of the Citizens Advice Bureau Nelson as Ms Clifton was unable to attend. The submission requested housing the Citizens Advice Bureau in the central business district. 

3.25        Lee Sinclair and Andy Miliner on behalf of Mr John Gilbertson (Submission:12515) Nelson Motels

Lee Sinclair and Andy Miliner attended on behalf of Nelson Motels as John Gilbertson was unable to attend. They requested that Council not consider targeted rates for visitors.

Attendance: The meeting adjourned for lunch from 12.25pm to 1.26pm, during which time Councillor Fulton left the meeting.

3.26        Ms Gillian Wratt (Submission:12568) Nelson Tasman Cycle Trail Trust

Ms Wratt presented the submission from the Nelson Tasman Cycle Trail Trust and responded to questions.

Attendance: Councillor Fulton returned to the meeting at 1.29pm.

3.27        Mr Christopher St Johanser (Submission:12570 and 12585) Brook Valley Community Group, Inc

Mr St Johanser tabled a handout and sticker (A1759561) relating to the aerial poison drop planned by the Brook Waimarama Sanctuary Trust. He spoke to the points in his submissions and raised further points regarding Crown land, resource consents and use of traps.

Attachments

1    A1759561 - Christopher St Johanser Handout

3.28        Mr Andrew Stoddart (Submission:12585)

Mr Stoddart withdrew his request to speak at the hearing.

3.29        Ms Cynthia McConville and Ms Sasha Kerslake (Submission:12560) Nelson Dog Owners Group

Ms Kerslake and Ms McConville displayed two videos (A1759636 and A1759637 available on request to an Administration Adviser) regarding a dog exercise facility and spoke to the points in the Nelson Dog Owners Group submission. They responded to questions from councillors regarding the purpose and use of a dog exercise park.

3.30        Mrs Annabelle Laird (Submission:12525)

This submitter did not attend the hearing.

3.31        Mrs Judy Crowe and Ms Cynthia McConville (Submission:12600) Educate Don’t Fluoridate

Ms Crowe and Ms McConville spoke to the key points of the Educate Don’t Fluoridate submission. Ms McConville suggested that spending to enable water fluoridate would trigger Council’s Significance and Engagement Policy.

3.32        Ms Jane Fisher (Submission:12679)

Ms Fisher summarised the key points in her submission.

3.33        Mr David Smythe (Submission:12602)

This submitter did not attend the hearing.

3.34        Dr Caleb McCullough (Submission:12687)

This submitter did not attend the hearing.

Attendance: Councillor Fulton left the meeting at 2.15pm.

3.35        Mr Steve Cross (Submission:12622) Nelson Residents Association

Mr Cross gave a PowerPoint presentation (A1759642) and summarised the points in his submission.

Attachments

1    A1759642 - Steve Cross Presentation

Attendance: Councillor Fulton returned to the meeting at 2.18pm and Councillor Matheson left the meeting at 2.28pm.

3.36        Mr Lew Metcalfe (Submission:12690)

Mr Metcalfe spoke to the points in his submission.

Attendance: Councillor Matheson returned to the meeting at 2.32pm.

3.37        Mrs Belinda Crisp (Submission:12627)

Mrs Crisp withdrew her request to speak at the hearing.

3.38        Mrs Mary Heaphy (Submission:12696)

Mrs Heaphy spoke to the points in her submission.

Attendance: Councillor Noonan left the meeting at 2.45pm. The meeting adjourned from 2.49pm to 3.09pm, during which time Councillor Noonan returned to the meeting.

Councillors listed further information required from officers on particular submissions.

Attendance: Councillor Lawrey left the meeting at 3.18pm.

3.39        Mr Iain Sheves and Kerensa Johnson (Submission:12732) Wakatu Incorporation

Attendance: Councillor Acland joined the meeting at 3.24pm.

Ms Johnson and Mr Sheves presented the key points of the Wakatu Incorporation submission. Mr Sheves added detail regarding development at Wakapuaka and responded to general questions.

Attendance: Councillor Lawrey returned to the meeting at 3.31pm.

3.40        Mr Hudson Dodd and Mr Dave Butler, with Mr Chris Golding of Department of Conservation, (Submission:12767) The Brook Waimarama Sanctuary Trust

Mr Dodd and Mr Butler spoke to the points in the Brook Waimarama Sanctuary Trust submission.

Attendance: Councillor Fulton left the meeting from 3.38pm to 3.40pm.

Mr Dodd and Mr Butler provided detail regarding trustee backgrounds and supporters of the Trust. Mr Golding spoke about connections with Department of Conservation strategies, and the benefits of wildlife sanctuaries.

Mr Butler and Mr Dodd responded to questions regarding the poison drop, resource consent, pest eradication options, projected visitor numbers, land stability, future funding requests and what would happen if Council did not provide funding to the Trust. Mr Golding responded to questions regarding species relocation and conservation progress in New Zealand.

Attendance: The meeting adjourned from 4.10pm to 4.14pm.

Late Item – Chief Executive Employment Committee Minutes 8 May 2017

Her Worship the Mayor advised Council of one public late item and two public excluded late items, and that procedural resolutions needed to be passed in order for these items to be considered at the meeting.

Resolved CL/2017/148

That the Council

Considers the Minutes of the extraordinary meeting of the Chief Executive Employment Committee – 8 May 2017 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.

Dahlberg/Matheson                                                      Carried

Attachments

1    M2575 - Council Late Item

Chief Executive Employment Committee – 8 May 2017

Document number M2561, late item memo M2575 pages 1 - 3 refer.

Resolved CL/2017/149

That the Council

Receives the unconfirmed minutes of the extraordinary meeting of the Chief Executive Employment Committee, held on 8 May 2017.

Barker/Her Worship the Mayor                                                    Carried

Late Item – Chief Executive Employment Committee Public Excluded Minutes 8 May 2017

Document number M2562, late item memo M2585 refers.

Resolved CL/2017/150

That the Council

Considers the public excluded minutes of the extraordinary meeting of the Chief Executive Employment Committee – 8 May 2017 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.

Dahlberg/Her Worship the Mayor                                                Carried

Attachments

1    M2585 - Council Late Item

Late Item – Supplementary Information - Chief Executive's Employment Contract

Document number R7700, late item memo M2585 refers.

Resolved CL/2017/151

That the Council

Considers the public excluded item regarding the Chief Executive’s Employment Contract 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.

Matheson/Dahlberg                                                                    Carried

Exclusion of the Public

Paul Bell was to be in attendance for the Public Excluded part of the meeting to answer questions and, accordingly, the following resolution was passed:

Resolved CL/2017/152

That the Council

Confirms, in accordance with section 48(5) of the Local Government Official Information and Meetings Act 1987, that Paul Bell remains after the public have been excluded, for the late items Extraordinary Chief Executive Employment Committee Minutes – 8 May 2017 and Chief Executive’s Employment Contract, as he has knowledge that will assist the Council; and

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 contract.

Barker/Dahlberg                                                                         Carried

Resolved CL/2017/153

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

 

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

Extraordinary Chief Executive Employment Committee - Public Excluded Minutes – 8 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)(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.

2

Supplementary Information – Chief Executive’s Employment Contract

 

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7

The withholding of the information is necessary:

·   Section 7(2)(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.

The meeting went into public excluded session at 4.22pm and resumed in public session at 6.12pm. 

Re-admittance of the Public

Resolved CL/2017/154

That the Council

Re-admits the public to the meeting.

Her Worship the Mayor/Noonan                                                  Carried

 

 

The meeting adjourned at 6.12pm.

 

 

 

 

 

 

 

 

Minutes of a reconvened meeting of the Nelson City Council to hear submissions to the Draft Annual Plan 2017-2018

Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson

On Thursday 11 May 2017, commencing at 9.08am

 

Present:              Her Worship the Mayor R Reese (Chairperson), 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 Corporate Services (N Harrison), Manager Communications (P Shattock), Senior Infrastructure Planner (L Gibellini), Manager Roading and Utilities (P Anderson), Manager Capital Projects (S Davies), Senior Strategic Adviser (N McDonald), Policy Coordinator (J Loughnan) and Administration Advisers (J McDougall and S Burgess)

 

Hearing of Submissions to the draft Annual Plan 2017/18 (continued)

3.41        Mrs Mary Ellen O’Connor (Submission 12478)

This submitter was rescheduled from 10 May 2017 but did not attend the hearing.

3.42        Mr Chris Fitchett (Submission 12513).

Mr Fitchett spoke to his submission and read out his tabled document (A1759248) regarding council expenditure.

Attendance: Councillor Rutledge joined the meeting at 9.13am.

Attendance: Councillor Fulton joined the meeting at 9.19am.

3.43        Mr Aaron Adcock and Mr Cliff Brunning (Submission 12648) Kohatu Park.

Mr Adcock spoke to the submission requesting Council support for Kohatu Park and answered questions about environmental aspects and facilities available.

Attendance: Councillor Acland left the meeting from 9.26am to 9.28am.

Attendance: Councillor Lawrey left the meeting from 9.27am to 9.29am.

3.44        Mr Peter Olorenshaw (Submission 12806) Nelson Transport Strategy Group (Nelsust) Inc.

Mr Olorenshaw spoke to a Powerpoint presentation (A1759651) and focused particularly on the importance of encouraging cycling as a way of reducing traffic congestion.

Attendance: Councillor Acland left the meeting from 9.38am to 9.43am.

3.45        Mr John-Paul Pochin (Submission 12813) Bicycle Nelson Bays

Mr Pochin spoke to his submission about support for cycling and answered questions about options for increasing cycle usage and reducing traffic congestion.

3.46        Mr Philip Chapman (Submission 12734) Menzshed Whakatu

Mr Chapman spoke to the submission and handout (A1759250) seeking support to establish a Menzshed in Nelson and presented a 5 minute video (A1758826 – available on request from an Administration Adviser) about Menzshed.

Mr Chapman answered a question about suitable locations for a Menzshed.

3.47        Mr Brian Ramsay (Submission 12815) Nelson Community Patrol

Mr Ramsay spoke to the submission requesting support for the Nelson Community Patrol and tabled a pamphlet on Community Patrols of New Zealand (A1758609), statistics for the Nelson Community Patrol and a support letter from the New Zealand Police (A1759244).

Mr Ramsay responded to questions about the patrols and funding applications.

3.48        Mr Richard Sullivan (Submission 12714)

Mr Sullivan spoke to his submission about delays and lack of control of projects, in particular the funding of the Brook Sanctuary and the poison drop. Mr Sullivan answered questions about the effect of the poison drop on his and neighbouring properties.

3.49        Mr Zachary Domike (Submission 12802)

This submitter did not attend the hearing.

3.50        Mrs Faye Wulff (Submission 12759) Community Art Works

Mrs Wulff spoke to the submission requesting a permanent home for Community Arts in Nelson and answered questions about the current lease, and the possibility of locating the Menzshed on the same property.

Attendance: The meeting adjourned from 10.27am to 10.48 am for morning tea. During this time Councillors Acland and Skinner left the meeting.

3.51        Ms Alice Robin and Mr Fynn Sawyer (Submission 12800) Nelson Region Sustainability Festival

Ms Robin summarised the submission about the Festival and Mr Sawyer spoke in support of the concept, noting that it lined up with the Nelson 2060 plan.

Attendance: Councillor Skinner returned to the meeting at 10.50am.

Ms Robin answered questions on the potential number of exhibitors, and engagement with the Nelson Saturday market.

Attendance: Councillor Noonan left the meeting at 10.56am.

3.52        Mr Dave Johnston and Mr Raymond Smith (Submission 12764) Te Runanga o Ngati Kuia.

Mr Johnston spoke to the submission and tabled additional information on environmental matters and on the request for support for the waka project (A1759252).

Mr Smith noted the December 2019 celebrations of Captain Cook’s visit and answered questions about the security and storage for the waka.

3.53        Mr John-Paul Pochin (Submission 12798) Light Nelson Artists Collective

Attendance: Councillor Rutledge left the meeting from 11.08am to 11.10am.

Mr Pochin spoke to a presentation (A1759647) about a working creative community space and answered questions about the current space and collaboration with NMIT.

3.54        Mr Garry Adcock (Submission 12786) Kohatu Park

This submitter did not attend the hearing.

3.55        Mr Tom Taylor (Submission 12769)

Mr Taylor spoke to his submission about the importance of structured decision making processes.

3.56        Mr Martin O’Connor (Submission 12772) Federated Farmers of New Zealand

Mr O’Connor spoke to the submission requesting a focus on core services and a user pays approach. Mr O’Connor noted the Wakapuaka drains had still not been cleared from the December 2011 floods.

3.57        Youth Councillors (Submission 12791) Nelson Youth Council.

Youth Councillors spoke to the submission which was on a range of topics including parking tickets, sewage spills and the Stoke bus loop.

Attendance: Councillor Dahlberg left the meeting from 11.32am to 11.34am.

3.58        Mrs Mary Ellen O’Connor (Submission 12792) Voice Nelson

This submitter did not attend the hearing.

3.59        Ms Nita Knight (Submission 12818)

Ms Knight presented information (A1759254) outlining the importance of providing support to the Brook Waimarama Sanctuary.

3.60        Ms Ami Kennedy and Ms Jacquetta Bell (Submission 12795) Friends of the Maitai

Ms Bell spoke about the importance of the Maitai river and supported the suggestion of moving the status and significance of the river to a higher level.

Attendance: Councillor Dahlberg left the meeting from 11.58am to 12noon.

3.61        Mr Gaire Thompson (Submission 12799) Thompson Property Group 

Mr Thompson spoke to his submission about costings and answered questions about his views on different rating systems.

Attendance: Councillor Lawrey left the meeting from 12.03pm to 12.05pm.

3.62        Mr Chris Mildon and Mr Rick Griffin (Submission 12796) MTB Trails Trust

Mr Mildon spoke to the submission about the importance of support for mountainbiking. Mr Mildon supported Andrews Farm as a hub location. Mr Griffin from Silvan Forest in Richmond answered a question about how to keep costs to a minimum when building mountainbiking trails.

3.63        Mrs Kirsty Skinner (Submission 12424)

This submitter did not attend the hearing.

3.64        Mr Mark Lile and Mr Aaron Smail (Submission 12820) Summerset Villages Richmond Ltd.

Mr Smail spoke to the submission on infrastructure matters.

3.65        Mr Dennis Win (Submission 12823)

Mr Win spoke to his submission on shared pathways, Nelson Regional Development Agency and freedom camping.

Attendance: The meeting adjourned for lunch from 12.44pm to 1.25pm, during which time Councillors Acland, Courtney, Fulton, Noonan and McGurk left the meeting.

Councillors listed further information required from officers on particular submissions.

Attendance: Councillors Acland, Courtney, Lawrey and McGurk returned to the meeting at 1.28pm. Councillor Fulton returned to the meeting at 1.29pm. Councillor Matheson left the meeting from 1.30pm to 1.32pm. Councillor Acland left the meeting at 1.35pm.

3.66        Mr Barry Thompson (Submission:12835)

Mr Thompson presented the points in his submission and provided a handout (A1759246).

Attendance: Councillor Acland returned to the meeting at 1.39pm. Councillor Noonan returned to the meeting at 1.47pm.

3.67        Mr George Molnar and Mr Kent Gibbons, on behalf of Barry Rowe (Submission:12841) FC Nelson Incorporated

Mr Molnar presented the points in the FC Nelson Incorporated submission, with supporting comments from Mr Gibbons.

3.68        Mr Brian Nathan, on behalf of Mr Tim Babbage (Submission:12713) Nelson Sea Sports Alliance

Mr Nathan spoke about the points raised in the Nelson Sea Sports Alliance submission.

3.69        Ms Kindra Douglas, Ms Judy Robinson and Mr Peter Milehener (Submission:12842) Victory Community Centre

Ms Douglas and Ms Robinson tabled a handout (A1760838), displayed a video (A1759634 – available on request from an Administration Adviser), and spoke about community centres and the Greenmeadows facility.

Attendance: Councillor Acland left the meeting from 2.20pm to 2.27pm.

3.70        Ms Willemijn Vermaat (Submission: 12844) Handle with Care

The submitter did not attend the hearing.

3.71        Mr Lindsay Wood (Submission:12697)

Mr Wood gave a PowerPoint presentation (A1759580) in line with his submission and tabled a copy of his presentation.

Attendance: Her Worship the Mayor vacated the Chair and left the meeting at 2.28pm. Deputy Mayor Matheson assumed the Chair. Councillor Acland left the meeting from 2.31pm to 2.33pm.

3.72        Mr Alistair Hill and Mr Troy Dando (Submission:12631) Nelson Dawnbreakers Fishing Club

Mr Hill spoke to the key points in his submission regarding marina use and safety.

Attendance: Her Worship the Mayor returned to the meeting at 2.45pm and resumed the Chair.

3.73        Mrs Sarah Holmes and Mr Wayne Jackson (Submission:12707) Nelson Tasman Business Trust

Mrs Holmes and Mr Jackson spoke about supporting small business and small business mentoring and tabled a brochure (A1759597).

Attendance: Councillor Rutledge left the meeting at 2.53pm.

3.74        Ms Julie Catchpole, Mr Ian Maclennan and Ms Gaye Hervey (Submission:12879) Bishop Suter Trust Board

Mr Maclennan spoke to the Bishop Suter Trust Board submission and read from a handout (A1759593).

Attendance: Councillor Lawrey left the meeting at 2.55pm.

3.75        Ms Dorothy-Rose Pallesen (Submission: 12887)

Ms Pallesen spoke about the risks of helicopter poison drops.

Attendance: Councillor Rutledge returned to the meeting at 3.08pm. The meeting adjourned for afternoon tea from 3.10pm to 3.24pm, during which time Her Worship the Mayor and Councillor Fulton left the meeting, and Councillor Lawrey returned to the meeting. Deputy Mayor Matheson assumed the Chair. 

3.76        Mr Mike Rodwell (Submission:12888)

The submitter withdrew their request to speak at the hearing.

3.77        Mrs Susan Fletcher and Mr Lindsay Wood (Submission:12716) Braemar Limited

Attendance: Councillor Fulton returned to the meeting at 3.26pm.

Mrs Fletcher spoke to the key points of her submission regarding climate change and reduction of emissions and gave a presentation (A1759649).

3.78        Mr Lauchlan Miller (Submission:12736)

Mr Miller tabled a map (A1759591) and spoke about the potential location for a skate park in Stoke and outlined reasons why it would work well.

3.79        Ms Denise Roche (Submission:12819)

This submitter withdrew their request to speak.

3.80        Mr Richard King (Submission:12344)

Mr King summarised the points in his submission and spoke about the Trafalgar Street Hall.

3.81        Mr Fendi Sofian on behalf of Ms Nissa Mowjood (Submission:12455) Nelson-Whakatu Muslim Association

Mr Sofian presented the submission from the Nelson-Whakatu Muslim Association. He added that the Association needed to be able to accommodate up to 80 people in a room. Mr Sofian responded to questions regarding timing of meetings, fundraising and length of time that a temporary centre was required.

Attendance: Deputy Mayor Matheson left the meeting at 3.54pm, Councillor Barker assumed the Chair.

Attendance: Councillor Dahlberg left the meeting at 3.56pm.

Resolved CL/2017/155

That the Council

Agrees, pursuant to Standing Order 3.3.7, that the meeting continue beyond six hours.

Barker/Walker                                                                            Carried

3.82        Mr Wayne Ballantyne (Submission:12435) Shelbourne Villa

Mr Ballantyne summarised the points made in his submission.

Attendance: Councillor Dahlberg returned to the meeting at 4.00pm.

3.83        Mr Paul Butterworth (Submission:12308)

Mr Butterworth tabled a handout (A1759601) and summarised the points made in his submission

Attendance: Deputy Mayor Matheson returned to the meeting at 4.04pm and resumed the Chair at 4.06pm.

Councillors agreed to email any further requests for information to Senior Strategic Adviser, Nicky McDonald, by 12 May.

Attendance: Councillor Dahlberg left the meeting at 4.15pm.

Tabled Documents 11 May:

 

Attachments

1    A1759248 - Chris Fitchett Handout

2    A1759651 - Peter Olorenshaw Presentation

3    A1759250 - Phillip Chapman Menzshed Handout

4    A1758609 - Brian Ramsay - Nelson Community Patrol - Handout 1

5    A1759244 - Brian Ramsay - Nelson Community Patrol - Handout 2

6    A1759252 - Te Runanga o Ngati Kuia Handout

7    A1759647 - John-Paul Pochin Presentation

8    A1759254 - Nita Knight Handout

9    A1759246 - Barry Thompson Handout

10  A1760838 - Kindra Douglas Handout

11  A1759580 - Lindsay Wood Handout

12  A1759597 - Sara Holmes Handout

13  A1759593 - Julie Catchpole and Ian MacLennan Handout

14  A1759649 - Susan Fletcher Presentation

15  A1759591 - Lauchlan Miller Handout

16  A1759601 - Paul Butterworth Handout

 

Resolved CL/2017/156

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: 

Matheson/Courtney                                                                    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

Strategic Property Acquisition (recommendation to Council in Commercial Subcommittee minutes 27 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).

 

The meeting went into public excluded session at 4.17pm and resumed in public session at 4.23pm.   

Resolved CL/2017/157

That the Council

Re-admits the public to the meeting.

Matheson/Walker                                                                       Carried

 

There being no further business the meeting ended at 4.23pm

 

Confirmed as a correct record of proceedings:

 

 

 

                                                       Chairperson                                     Date


 

Minutes of an extraordinary meeting of the Nelson City Council

Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson

On Tuesday 16 May 2017, commencing at 12.50pm

 

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 and S Walker

In Attendance:   Team Leader Administration Advisers (R Byrne) and External Adviser (P Bell)

Apology:             Councillor Tim Skinner


Opening Prayer

Councillor Noonan gave the opening prayer.

 

1.       Apologies

Resolved CL/2017/163

THAT an apology be received and accepted from Councillor Tim Skinner.

Her Worship the Mayor/Lawrey                                                   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.       Exclusion of the Public

Paul Bell, of Intepeople, will be in attendance for the items on the Public Excluded agenda to answer questions and, accordingly, the following resolution is required to be passed:

Resolved CL/2017/164

That the Council

Confirms, in accordance with section 48(5) of the Local Government Official Information and Meetings Act 1987, Paul Bell remain after the public has been excluded, for the items of the Public Excluded agenda 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, the knowledge that Paul Bell possesses relates to the Chief Executive’s performance, remuneration and development.

 

Walker/Dahlberg                                                                        Carried

Resolved CL/2017/165

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/Courtney                                                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

Chief Executive's Employment Contract

 

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7

The withholding of the information is necessary:

·   Section 7(2)(a)

     To protect the privacy of natural persons, including that of a deceased person

·   Section 7(2)(g)

     To maintain legal professional privilege

·   Section 7(2)(i)

     To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

 

2

Extraordinary Council Meeting – Parts of Public Excluded Minutes -  10 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)(a)

     To protect the privacy of natural persons, including that of a deceased person

·   Section 7(2)(g)

     To maintain legal professional privilege

·   Section 7(2)(i)

     To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

The meeting went into public excluded session at 12.51 pm and resumed in public session at 1.53pm. 

6.       Re-admittance of the Public

Resolved CL/2017/166

That the Council

Re-admits the public to the meeting.

Her Worship the Mayor/Walker                                                    Carried

 

 

There being no further business the meeting ended at 1.53 pm

 

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 Tuesday 23 May 2017, commencing at 9.04am

 

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), Manager Capital Projects (S Davies), Manager Roading and Utilities (P Anderson), Manager Communications (P Shattock), Senior Accountant (T Hughes), Policy Coordinator (J Loughnan), and Administration Adviser (E-J Ruthven)

Apologies:           Councillors Acland and Matheson for parts of the meeting.

 

Opening Prayer

Councillor Skinner gave the opening prayer.

1.       Apologies

Resolved CL/2017/169

That the Council

Receives and accepts apologies from Councillors Acland and Matheson for parts of the meeting.

Her Worship the Mayor/Dahlberg                                                Carried

2.       Confirmation of Order of Business

Her Worship the Mayor said that all resolutions would be made ‘in principle’, and would be confirmed by resolution at the end of the meeting.

 

3.       Interests

There were no updates to the Interests Register. 

Councillor Rutledge declared an interest in relation to the Natureland Wildlife Trust.  

4.       Confirmation of Minutes

4.1      10 May 2017

Document number M2568, agenda pages 10 - 29 refer.

It was noted that at item 3.69 of the minutes, the correct spelling of the submitter’s name was Pete Mitchener.

Resolved CL/2017/170

That the Council

Confirms the amended minutes of the meeting of the Council, held on 10 May 2017, as a true and correct record.

Her Worship the Mayor/Walker                                                    Carried

5.       Deliberations on the Annual Plan 2017/18

Document number R7304, agenda pages 30 - 85 refer.

Resolved CL/2017/171

That the Council

Receives the report Deliberations on the Annual Plan 2017/18 (R7304) and its attachment (A1759788).

Dahlberg/Walker                                                                        Carried

5.1      Transport

5.1.1   Public Transport and Stoke Bus Loop

Engineering Adviser, Sue McAuley, answered questions, and councillors discussed the Stoke bus service.

Resolved CL/2017/172

That the Council

Removes the $80,000 budget for the Stoke Bus Loop in 2017/18 pending the results of the public transport review currently underway.

Matheson/Rutledge                                                                    Carried

5.1.2   LED Street Lighting

Manager Roading and Utilities, Peter Anderson, answered questions regarding the New Zealand Transport Agency subsidy.

Resolved CL/2017/173

That the Council

Increases the capital budget for the LED street lighting upgrade programme in the Annual Plan 2017/18 from $53,000 (included in the Draft Annual Plan 2017/18) to $2,400,000 noting that this is 85% funded by NZTA in the 2017/18 year; Nelson City Council’s 15% share being $360,000 capex. 

Dahlberg/Fulton                                                                         Carried

5.1.3   Beach Bus

Ms McAuley answered questions in relation to the Beach Bus service.

It was agreed to leave this matter to lie until later in the meeting.

5.2      Water Supply                                                                                        

5.2.1   Water Leaks                                                                                          

Senior Asset Engineer – Utilities, Phil Ruffell, answered questions regarding the use of smart water meters.

5.3      Wastewater

5.3.1   Wastewater Spills

Mr Ruffell answered questions regarding infiltration and wet weather flows, and noted this was a matter for further development through the Asset Management Plan process.

5.3.2   Awatea Pump Station

           Mr Ruffell answered questions about timeframes and capacity for the Awatea Place pump station to be built.

5.4      Social

5.4.1   Menzshed

Group Manager Community Services, Chris Ward, answered questions regarding the availability of Community Investment Funding. 

Councillors discussed the submission from Menzshed and expressed a desire to include funding in the Annual Plan 2017/18 for this purpose.

It was agreed to leave this matter to lie until later in the meeting.

5.4.2   Community Centres

It was noted that the request for further Council support for community centres, possibly through a targeted rate, was made by Victory Community Centre, Tahunanui Community Centre, and Stoke Primary School.

5.4.3   Nelson Regional Sustainability Festival

Resolved CL/2017/174

That the Council

Agrees that the interim arrangement extending coverage of the Events Fund to include community events continue until the Events Strategy is complete; and

Agrees that the Nelson Regional Sustainability Festival be encouraged to apply to the Events Fund.

McGurk/Fulton                                                                           Carried

5.4.4   Nelson Community Patrol

Resolved CL/2017/175

That the Council

Provides funding of $5,000 in 2017/18 for the Nelson Community Patrol’s vehicle running costs.

Courtney/Noonan                                                                       Carried

5.4.5   Living Wage

It was agreed to leave this matter to lie on the table until later in the meeting.

5.4.6   250th Commemoration of Captain Cook’s Landing

Group Manager Strategy and Environment, Clare Barton, answered questions regarding priority areas for iwi, including capacity building.

There was general agreement that Council should consider making provision in the Annual Plan 2017/18 for this matter.  It was agreed to leave the matter to lie on the table until later in the meeting.

5.4.7   Suter Gallery

           There was a discussion regarding whether free entry for years beyond 2017/18 should be addressed through the Statement of Intent process.

Attendance:  Councillor Skinner left the meeting from 10.07am to 10.08am.

Resolved CL/2017/176

That the Council

Approves a grant of $15,000 to the Bishop Suter Trust to continue to allow for free entry to all visitors in 2017/18.

Her Worship the Mayor/Noonan                                                  Carried

5.5      Parks and Active Recreation      

5.5.1   Brook Waimarama Sanctuary

Councillor Lawrey, seconded by Councillor Fulton, moved a motion:

That the Council

Provides funding of $250,000 for Brook Waimarama Sanctuary Trust activities.

It was noted that councillors had been provided with additional public excluded material in relation to this item.  It was noted that any questions regarding this material would need to be answered during the public excluded part of the meeting, but that all debate on the matter should otherwise be held in public session.

It was agreed to leave this matter to lie on the table until later in the meeting.

Attendance:  The meeting adjourned for morning tea from 10.30am to 10.48am, during which time Councillors Matheson and Lawrey left the meeting. 

5.6      Social (continued)

5.6.1   Living Wage (continued)

Attendance:  Councillor Fulton left the meeting from 10.49am to 10.51am, and Councillor Lawrey returned to the meeting at 10.50am.

Councillor McGurk, seconded by Councillor Fulton, moved a motion:

That the Council

Confirms its commitment to the principle of becoming an Accredited Living Wage employer; and

 

Directs the Chief Executive to provide advice on the implementation of the official New Zealand Living Wage to Council employees and contractors; and

 

Notes that some Council Controlled Organisations and Council Controlled Trading Organisations are jointly owned with the Tasman District Council and to include the subject of the living wage in joint committee workshops with the Tasman District Council.  

The Chief Executive, Clare Hadley, answered questions regarding the implications for Council in becoming an Accredited Living Wage employer, as opposed to considering providing the living wage to direct Council employees.

Councillor Dahlberg, seconded by Councillor Noonan, moved an amendment to remove the first two clauses of the motion, and adjust the wording of the third clause to:

Notes that some Council Controlled Organisations and Council Controlled Trading Organisations are jointly owned with the Tasman District Council and includes the subject of the living wage in joint committee workshops with the Tasman District Council.  

Attendance:  Councillor Acland left the meeting at 11.10am. 

The amendment was put and a division was called:

Councillor Acland

Apology

Councillor Barker

Aye

Councillor Courtney

No

Councillor Dahlberg

Aye

Councillor Fulton

No

Councillor Lawrey

No

Councillor McGurk

No

Councillor Matheson

Apology

Councillor Noonan

Aye

Councillor Rutledge

Aye

Councillor Skinner

No

Councillor Walker

Aye

Her Worship the Mayor

Aye

The amendment was passed, 6-5, and became the substantive motion.

The substantive motion was put and a division was called:

Councillor Acland

Apology

Councillor Barker

No

Councillor Courtney

No

Councillor Dahlberg

Aye

Councillor Fulton

Aye

Councillor Lawrey

No

Councillor McGurk

No

Councillor Matheson

Apology

Councillor Noonan

Aye

Councillor Rutledge

No

Councillor Skinner

Aye

Councillor Walker

Aye

Her Worship the Mayor

Aye

The motion was passed, 6-5. 

Resolved CL/2017/177

That the Council

Notes that some Council Controlled Organisations and Council Controlled Trading Organisations are jointly owned with the Tasman District Council and includes the subject of the living wage in joint committee workshops with the Tasman District Council. 

McGurk/Fulton                                                                           Carried

5.7   Transport (continued)

5.7.1   Beach Bus (continued)                                                                          

Attendance:  Councillors Barker and Rutledge declared an interest and left the meeting at 11.23am. 

Engineering Adviser, Sue McAuley, answered further questions relating to the Beach Bus.                                                                                                      

Resolved CL/2017/178

That the Council

Includes a provision in 2017/18 of up to $15,000 for the Beach Bus to run from the central city to Tahunanui over the peak summer season, conditional on a contribution of up to $10,000 from Tahunanui businesses.

Dahlberg/Noonan                                                                       Carried

Attendance:  Councillors Barker and Rutledge returned to the meeting at 11.32am.  Councillor Skinner left the meeting from 11.32am to 11.34am.

5.8      Social (continued)                                                                                 

5.8.1   Menzshed

Resolved CL/2017/179

That the Council

Includes a provision of $10,000 in the 2017/18 Annual Plan to support the establishment of a Menzshed  premises in Nelson, with a report to be brought to the Community Services Committee outlining any options for leasing Council-owned buildings or land and a breakdown showing how the allocation is proposed to be used.

Fulton/Rutledge                                                                         Carried

5.8.2   250th Commemoration of Captain Cook’s Landing

           Councillor Fulton, seconded by Councillor Lawrey, moved a motion:

That the Council

Includes provision of $10,000 in the Annual Plan 2017/18 for funding of a waka to be built by Ngati Kuia, on the understanding that it would be available with crew to participate in civic events including the 250th commemoration of Captain Cook’s landing.

During discussion, it was suggested that the word ‘Nelson’ be inserted into the motion, and the mover and seconder agreed to do so.

Resolved CL/2017/180

That the Council

Includes provision of $10,000 in the Annual Plan 2017/18 for funding of a waka to be built by Ngati Kuia, on the understanding that it would be available with crew to participate in Nelson civic events including the 250th commemoration of Captain Cook’s landing.

Fulton/Lawrey                                                                            Carried

Attendance:  Councillor Lawrey left the meeting from 11.47am to 11.49am.

5.9      Parks and Active recreation (continued)

5.9.1   Mountain Biking                                                                                    

           Property Parks and Facilities Asset Manager, Andrew Petheram, answered questions regarding planned mountain biking developments in The Brook and the level of funding set out in the draft Annual Plan 2017/18.

           The Chief Executive, Clare Hadley, answered further questions regarding health and safety matters in relation to track development by volunteers.

It was agreed that this matter should be left to lie until later in the meeting.

5.9.2   Great Taste Trail

Attendance:  Councillor Noonan left the meeting from 12.12pm to 12.14pm. 

Mr Petheram answered questions regarding the requested resource for the Great Taste Trail. 

It was agreed that this matter would be left to lie until later in the meeting.

5.9.3   Marina

Mr Petheram answered questions about the draft Marina Strategy and likely timeframes for the implementation plan.

Resolved CL/2017/181

That the Council

Increases the budget for the marina boat ramp to $330,000 in 2017/18; and

Increases the Marina Development Plan budget in 2017/18 from $40,000, included in the draft Annual Plan, to $60,000 in 2017/18; and

Provides budget of $35,000 for relocating the trailer boat storage yard; and

Notes that these additional budget requests, above, are to be charged to the marina account and funded over time by users; and

Thanks the Marina Advisory Group for their work.

Her Worship the Mayor/Noonan                                                  Carried

5.9.4   Curtis Street Footbridge (link to Manu Kau Reserve)

           Manager Capital Projects, Shane Davies, answered questions regarding staff resourcing in relation to this project.

5.9.5   Dog Park

Mr Petheram answered questions regarding setting up a dog park.

Attendance:  Councillor Acland returned to the meeting at 12.26pm.

5.9.6   Barbeques

Mr Petheram answered questions regarding the proposed barbeque facility in Burrell Park.

It was agreed to leave this matter to lie until later in the meeting.

5.9.7   All-Weather Pitch

Mr Petheram answered questions regarding an all-weather pitch in Nelson.

Attendance: The meeting adjourned for lunch from 12.35pm to 1.16pm, during which time Councillors Fulton, Rutledge and Skinner left the meeting.

5.9.8   Mountain Biking (continued)

Attendance:  Councillors Rutledge and Skinner returned to the meeting at 1.18pm. 

Mr Petheram answered further questions in relation to proposed mountain biking projects in The Brook. 

Resolved CL/2017/182

That the Council

Approves a provision of $100,000 in the 2017/18 Annual Plan, in addition to the existing allocation of $30,000, for the development of a carpark in The Brook;

Agrees to grant the $60,000 existing provision in the 2017/18 Annual Plan, allocated for the development of two Grade 2 or 3 mountain bike tracks to link the Maitai to the Tantragee Saddle, to the Nelson Mountain Bike Club for delivery of the project, conditional on the signing of a Memorandum of Understanding.

Skinner/Rutledge                                                                       Carried

5.9.9   Natureland Wildlife Trust

Attendance: Councillor Rutledge declared an interest and left the meeting at 1.32pm, and Councillor Fulton returned to the meeting at 1.38pm.

The Chief Executive, Clare Hadley, answered questions regarding health and safety matters in relation to Natureland Wildlife Trust.

Resolved CL/2017/183

That the Council

Approves an allocation of $48,000 in the 2017/18 Annual Plan to assist the Natureland Wildlife Trust to increase staffing levels to more appropriate levels, including to meet health and safety requirements.

Dahlberg/Courtney                                                                     Carried

Attendance:  Councillor Rutledge returned to the meeting at 1.41pm.

5.9.10 Modellers Pond

           Senior Strategic Adviser, Nicky McDonald, answered questions regarding provision in the draft Annual Plan 2017/18 for the Modellers Pond.                          

5.10    Corporate                                                                                              

5.10.1 Christmas Display

Senior Strategic Adviser, Nicky McDonald, answered questions regarding the proposed Christmas tree, decorations for the city centre, and potential sponsorship options.

During discussion, it was noted that Community Art Works had expressed interest in creative re-use of the existing Christmas tree, potentially in collaboration with the Light Nelson Arts Collective.

Attendance:  Councillor Acland left the meeting at 1.50pm.

Resolved CL/2017/184

That the Council

Confirms that the $100,000 included in the draft Annual Plan 2017/18 be used to purchase a Christmas tree and decorations for Christmas 2017, noting that funding may need to be brought forward to 2016/17 in order to confirm the order for the tree before June.

Noonan/Fulton                                                                           Carried

5.10.2 Nelson City Brass Band and City of Nelson Highland Pipe Band

Attendance:  Councillor Acland returned to the meeting at 1.58pm.

Resolved CL/2017/185

That the Council

Allocates $15,000 funding for the Nelson City Brass contract at Civic events; and

Funds the $20,000 for Nelson City Brass uniforms from underspent 2016/17 budgets in the corporate activity instead of through the Annual Plan 2017/18.

Her Worship the Mayor/Walker                                                    Carried

   There was further discussion regarding whether the draft Annual Plan should
include funding for the City of Nelson Highland Pipe Band. 

It was agreed to leave this matter to lie and return to it later in the meeting. 

5.10.3 Wakatu Incorporation submission

           Group Manager Strategy and Environment, Clare Barton, answered questions regarding the role of Tiakina Te Taiao and how to ensure all eight iwi had the opportunity to input into resource consent matters.

Attendance:  Councillor Acland left the meeting at 2.09pm.

5.11    Additional Decisions

5.11.1 Freedom Camping Enforcement

Resolved CL/2017/186

That the Council

Agrees that $100,000 be included in the Annual Plan 2017/18 as a provision for enforcement of the freedom camping bylaw if the bylaw is adopted.

Noonan/Skinner                                                                         Carried

5.11.2 Museum Street Frontage

Councillor Walker, seconded by Councillor Noonan, moved the recommendation in the officer report.

Councillor Lawrey, seconded by Councillor Fulton, moved an amendment to alter the amount in the draft Annual Plan 2017/18 for this matter from $15,000 to $25,000.

The amendment was put and lost, and the meeting returned to consider the motion on the table.

Resolved CL/2017/187

That the Council

Agrees that $15,000 be included in the Annual Plan 2017/18 to provide to the Tasman Bays Heritage Trust for Museum Street Frontage improvements at the recommendation of the Joint Shareholders Committee.

Walker/Noonan                                                                           Carried

5.11.3 Modellers Pond

Resolved CL/2017/188

That the Council

Agrees to increase the modellers pond maintenance budget to $45,000 in 2017/18.

Walker/Skinner                                                                           Carried

5.11.4 Hydrology Monitoring

Resolved CL/2017/189

That the Council

Agrees to reinstate the hydrology monitoring budget line to $31,500 in the Annual Plan 2017/18.

Noonan/McGurk                                                                         Carried

5.11.5 Marina Pontoon renewal

Resolved CL/2017/190

That the Council

Agrees to reinstate the Marina Pontoon budget line to $50,000 in the Annual Plan 2017/18.

Courtney/Dahlberg                                                                     Carried

5.11.6 Atawhai Landfill

Attendance:  Councillor Matheson returned to the meeting at 2.22pm.

Resolved CL/2017/191

That the Council

Agrees to include $30,500 in the Annual Plan 2017/18 for monitoring of the Atawhai closed landfill.

Noonan/Rutledge                                                                       Carried

5.11.7 Stoke Development

Resolved CL/2017/192

That the Council

Includes $20,500 in the Annual Plan 2017/18 for updates to the Stoke Urban Design Strategy, an opening event at the redeveloped facility at Greenmeadows and further community engagement at Stoke.

Matheson/Rutledge                                                                    Carried

5.11.8 Stage Challenge

Manager Communications, Paul Shattock, answered questions regarding the proposal to support an initiative or event, showcasing local high school talent, to replace Stage Challenge.

Resolved CL/2017/193

That the Council

Includes an allocation of $30,000 in the 2017/18 Annual Plan to support a new youth performance event to showcase the talent of students from Nelson colleges.

Walker/Her Worship the Mayor                                                    Carried

5.12    Spreadsheet of responses to submitters

Senior Strategic Adviser, Nicky McDonald, and Group Manager Corporate Services, Nikki Harrison, answered questions in relation to the proposed responses to submitters.

Attendance:  Councillor Acland returned to the meeting at 2.44pm.

It was agreed to leave this item to lie until later in the meeting.

5.13    Parks and Active Recreation (continued)

5.13.1 Burrell Park Barbeque (continued)

           Property Parks and Facilities Asset Manager, Andrew Petheram, answered questions regarding the likely costs of installing a barbeque in Burrell Park. 

It was suggested that the Tahunanui Community Centre be encouraged to raise funds for a standard barbeque to test demand prior to Council considering whether to install a permanent barbeque in Burrell Park.  

Attendance:  The meeting adjourned from 2.49pm to 3.05pm, during which time Councillor Acland left the meeting.

5.14    Corporate (continued)

5.14.1 City of Nelson Highland Pipe Band (continued)

           It was noted that a report regarding funding of Highland Pipe Band activities would come to a future Community Services Committee meeting.

5.15    Parks and Active Recreation (continued)

5.15.1 Great Taste Trail (continued)

           Mr Petheram answered questions regarding the further development and proposed routes for the Great Taste Trial.

Attendance:  Councillor Acland returned to the meeting at 3.09pm.

Resolved CL/2017/194

That the Council

Includes provision of $50,000 in the 2017/18 Annual Plan to support the Great Taste Trail Trust trail management and trail design.

Rutledge/Fulton                                                                         Carried

5.15.2 Brook Waimarama Sanctuary

           The meeting returned to consider the item in relation to the Brook Waimarama Sanctuary.  It was agreed to move into public excluded session so that questions could be asked in relation to the public excluded documents provided to councillors.

6.       Exclusion of the Public

Resolved CL/2017/195

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:

 Walker/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

Council Meeting - Public Excluded Minutes -  10 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)(i)

     To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

2      

Brook Waimarama Sanctuary –
Updated financial information and Vantage Consulting peer review      

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)(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.

·         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 3.14pm and resumed in public session at 4.15pm.

Please note that, as no decisions were made in public excluded aside from the confirmation of minutes, the record of the public excluded part of the meeting has been included in the public minutes.

7.        Confirmation of Order of Business

It was noted the meeting would consider the item relating to the Brook Waimarama Sanctuary before considering the rest of the public excluded agenda.

8.       Interests

The Chief Executive, Clare Hadley, provided advice regarding councillors’ assessments of whether they had an interest in the Brook Waimarama Sanctuary matter. 

It was noted that the Chief Executive’s advice regarding councillors’ interests, and any interests declared by councillors, would be re-stated in the public part of the meeting.

9.       Brook Waimarama Sanctuary

          The Chief Executive answered questions regarding the findings of the Vantage Consulting peer review, and the updated financial information that had been provided by the Brook Waimarama Sanctuary Trust to Council on a confidential basis.

Attendance:  Councillor Lawrey left the meeting from 3.47pm to 3.48pm, from 3.56pm to 3.58pm, and again from 4.01pm to 4.04pm.

10.     Confirmation of Minutes

10.1    10 May 2017

Resolved CL/2017/196

That the Council

Confirms the minutes of part of the meeting of the Council, held with the public excluded on 10 May 2017, as a true and correct record.

Her Worship the Mayor/Barker                                                    Carried

11.     Re-admittance of the Public

Resolved CL/2017/197

That the Council

Re-admits the public to the meeting.

Her Worship the Mayor/Lawrey                                                   Carried

Attendance:  Councillor Noonan left the meeting from 4.15pm to 4.18pm.

12.     Deliberations (continued)

12.1    Parks and Active Recreation (continued)

12.1.1 Brook Waimarama Sanctuary (continued)

           The Chief Executive, Clare Hadley, provided advice to councillors regarding issues to consider when determining whether they had an interest in a matter, particularly with regards to matters of public perception of predetermination or bias on an issue.

Attendance:  Councillors Dahlberg, Skinner and Walker each declared an interest and left the meeting at 4.25pm.

13.     Extension of Meeting Time

Resolved CL/2017/198

That the Council

Extends the meeting time beyond six hours, pursuant to Standing Order 3.3.7.

Barker/Her Worship the Mayor                                                    Carried

14.     Deliberations (continued)

14.1    Parks and Active Recreation (continued)

14.1.1 Brook Waimarama Sanctuary (continued)

           Councillors discussed the motion on the table.

           Following discussion, and with the agreement of the meeting, the mover and seconder withdrew the motion.

           Councillor McGurk, seconded by Councillor Noonan, moved a motion:

           That the Council

Sets aside a budget of $250,000 for Brook Waimarama Sanctuary Trust activities with only $100,000 being paid to the Trust at this time and applications for further funding from this provision being referred to the Planning and Regulatory Committee.

Councillor Rutledge, seconded by Councillor Noonan, moved an amendment:

That the Council

Sets aside a budget of $250,000 for Brook Waimarama Sanctuary Trust activities with only $100,000 being paid to the Trust at this time; and

Requires applications for further funding from this provision being subject to Council approval of an adjusted business model; and

Requires applications from this provision to be referred to Council.

The amendment was put and lost.

The meeting returned to consider the motion on the table.  The motion was put and a division was called.

Councillor Acland

Aye

Councillor Barker

Aye

Councillor Courtney

No

Councillor Dahlberg

Interest

Councillor Fulton

Aye

Councillor Lawrey

Aye

Councillor McGurk

Aye

Councillor Matheson

Aye

Councillor Noonan

Aye

Councillor Rutledge

Aye

Councillor Skinner

Interest

Councillor Walker

Interest

Her Worship the Mayor

Aye

The motion was passed 9-1.

Resolved CL/2017/199

That the Council

Sets aside a budget of $250,000 for Brook Waimarama Sanctuary Trust activities with only $100,000 being paid to the Trust at this time and applications for further funding from this provision being referred to the Planning and Regulatory Committee.

McGurk/Noonan                                                                         Carried


Attendance:  The meeting adjourned from 4.52pm to 4.57pm, during which time Councillors Dahlberg, Skinner and Walker returned to the meeting and Councillor Fulton left the meeting.

15.     Deliberations (continued)

           The probable rates rise as a result of the resolutions passed during the deliberations meeting was noted.


Attendance:  Councillor Fulton returned to the meeting at 5.00pm.

15.1    Spreadsheet of responses to submitters

Resolved CL/2017/200

That the Council

Approves the spreadsheet in Attachment 1, as amended, be used as the basis of responses to submitters on matters raised and to amend the draft Annual Plan 2017/18 as necessary.

Noonan/Matheson                                                                      Carried

15.2    Resolutions made in principle

Resolved CL/2017/201

That the Council

Confirms all resolutions made in principle during the deliberations meeting of 23 May 2017.

McGurk/Courtney                                                                       Carried

Reports From Committees

16.     Sports and Recreation Committee - 9 May 2017

Document number M2566, agenda pages 86 - 90 refer.

Resolved CL/2017/202

That the Council

Receives the unconfirmed minutes of a meeting of the Sports and Recreation Committee, held on 9 May 2017.

Skinner/Rutledge                                                                       Carried

Attendance:  Councillor Lawrey left the meeting at 5.05pm.

16.1    Network Tasman Easement - Highview Reserve

Resolved CL/2017/203

That the Council

Grants the easement in gross, meaning granting the easement to Network Tasman Limited rather than to property, in favour of Network Tasman Limited over the area shown on the plan marked “V” (A1755616) of the Highview Reserve with all legal costs associated with the easements over Highview Reserve to be met by KB Quarries Limited; 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.

Skinner/Courtney                                                                       Carried

16.2    Emano East Reserve Revocation                                                           

Resolved CL/2017/204

That the Council

Approves that, having considered the community feedback, the Recreation Reserve status of Emano East Reserve (Lot 1 DP4341) is retained.

Skinner/Fulton                                                                           Carried

 

There being no further business the meeting ended at 5.14pm.

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 8 June 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:   Group Manager Community Services (C Ward), Group Manager Infrastructure (A Louverdis), Group Manager Strategy and Environment (C Barton), Group Manager Corporate Services (N Harrison), Senior Strategic Adviser (N McDonald), Communications Adviser (C Crick), Team Leader Administration (A Gully), and Administration Adviser (E-J Ruthven)

 

Opening Prayer

Her Worship the Mayor gave the opening prayer.

1.       Apologies

          There were no apologies.

2.       Confirmation of Order of Business

Her Worship the Mayor noted that the order of business would be different from that noted in the agenda.

 

3.       Interests

There were no updates to the Interests Register, and no interests with items on the agenda were declared.

4.       Mayor's Report

Document number R7702, agenda pages 262 - 270 refer.

Her Worship the Mayor presented the report.  She drew attention to the New Zealand Netball Super Club taking place in Nelson during July 2017, and answered questions regarding items in the Mayor’s Report.

Resolved CL/2017/206

That the Council

Receives the Mayor's Report (R7702) and its attachment (A1766221); and

Updates Council’s Delegations Register (A1183061) with an additional bullet point under the Community Services Committee Areas of Responsibility, being ‘Heritage houses and their grounds’ and an additional bullet point under the Sports and Recreation Committee Areas of Responsibility, being ‘Note:  Heritage houses and their grounds are matters for the Community Services Committee’; and

Amends the Chair and Deputy Chair roles of the Works and Infrastructure Committee on a temporary basis, effective immediately and until further notice , as follows: 

Committee

Chair (temporary)

Deputy Chair (temporary)

Works and Infrastructure

Stuart Walker

Paul Matheson

and

Requests the Mayor and Deputy Mayor to provide feedback to the Remuneration Authority on behalf of elected members on the review of Local Government Elected Members Remuneration.

Dahlberg/Rutledge                                                                     Carried

5.       Freedom Camping Bylaw proposed for Consultation

Document number R7719, agenda pages 271 - 387 refer.

External Consultant, David Hammond, and Property Parks and Facilities Asset Manager, Andrew Petheram, presented the report.

They noted several changes to the schedules, being:

·         Inclusion within Schedule One of ‘other’ reserves, being prohibited areas for freedom camping, to ensure the list was as full as possible;

·         Correction within Schedule Two to limit the number of carparks within Wakatu Carpark to be used for freedom camping purposes to 20;

·         Clarification of maps contained within Schedule Three.

Mr Hammond and Mr Petheram answered questions regarding the content of the draft bylaw, and the consultation process to be followed. 

Attendance: Councillor Matheson left the meeting from 9.50am to 9.52am.

It was agreed that the matter be left to lie until after the public forum had finished.

Attendance: the meeting adjourned from 10.09am to 10.17am.

Her Worship the Mayor explained the meeting would hear public forum presentations.

6.       Public Forum

Attendance:  Councillor McGurk declared an interest in relation to the public forum presentations regarding 21 Cherry Avenue and 40 Van Diemen Street, and left the meeting at 10.20am.

6.1      Jackie McNae - Staig and Smith

Jackie McNae, of Staig and Smith, and Stephen Clements spoke about a proposed Special Housing Area at 21 Cherry Avenue.

Ms McNae gave a power point presentation regarding the proposed development (A1771630) and answered questions.

Attachments

1    A1771630 - Public Forum Power Point Presentation - Jackie McNae - Proposed Special Housing Area - 21 Cherry Avenue

6.2      Mark Lile - Landmark Lile Limited

Mark Lile, of Landmark Lile Limited, along with Celia and Ross McKechnie, spoke about a proposed Special Housing Area at 40 Van Diemen Street. 

Mr Lile gave a power point presentation (A1771783), and tabled a copy containing additional documents (A1772794).  Along with Mr and Mrs McKechnie, Mr Lile answered questions regarding the proposed development. 

Attachments

1    A1771783 - Public Forum Power Point Presentation - Mark Lile - Proposed Special Housing Area - 40 Van Diemen Street

2    A1772794 - Public Forum Tabled Document - Mark Lile - Proposed Special Housing Area - 40 Van Diemen Street

Attendance:  Councillor McGurk returned to the meeting at 10.39am.

6.3      Mark Lile – Landmark Lile Limited

Mark Lile, of Landmark Lile Limited, spoke about a proposed Special Housing Area at 15 Quiet Woman Way.

Mr Lile gave a power point presentation (A1771941) and answered questions regarding the proposed development.

Attendance:  Councillor Lawrey left the meeting at 10.44am.

Attachments

1    A1771941 - Public Forum Power Point Presentation - Mark Lile - Proposed Special Housing Area - 15 Quiet Woman Way

6.4      Mark Lile (Landmark Lile Limited), Rob Vorstermans (Vorstermans Architects) and Georgina McGrath

Attendance:  Councillor Noonan declared an interest in relation to 46-48 Trafalgar Street, and left the meeting at 10.46am.

Attendance:  Councillor Lawrey returned to the meeting at 10.48am.

Mark Lile, of Landmark Lile Limited, Rob Vorstermans, of Vorstermans Architects, and Georgina McGrath spoke about a proposed Special Housing Area at 46-48 Trafalgar Street.  They gave a power point presentation (A1771897) and tabled a copy containing additional documents (A1772847).

Mr Lile and Mr Vorstermans answered questions regarding the proposed development and its potential impact on neighbouring properties.

Attendance:  Councillors Acland and Courtney left the meeting at 11.04am.  Councillor Courtney returned to the meeting at 11.08am, and Councillor Lawrey left the meeting at 11.09am.

Attachments

1    A1771897 - Public Forum Power Point Presentation - Mark Lile and Rob Vorstermans - Proposed Special Housing Area - 46-48 Trafalgar Street

2    A1772847 - Public Forum Tabled Document - Mark Lile and Rob Vorstermans - Proposed Special Housing Area - 46-48 Trafalgar Street

 

 

6.5      Mike Henderson, Mike Blowers and Denise Tebbs

Attendance:  Councillor Rutledge left the meeting from 11.13am to 11.16am.

Attendance:  Councillor Lawrey returned to the meeting at 11.15am, and Councillor Acland returned to the meeting at 11.18am.

Mike Henderson, Mike Blowers and Denise Tebbs spoke about the proposed Special Housing Area at 46-48 Trafalgar Street, and the effects it might have on their neighbouring properties.  They tabled documents (A1771575 and A1772866) and answered questions.

Attachments

1    A1771575 - Public Forum Tabled document - Mike Henderson, Mike Blowers and Denise Tebbs - Proposed Special Housing Area - 46-48 Trafalgar Street

2    A1772866 - Public Forum Tabled Document - Mike Henderson, Mike Blowers and Denise Tebbs - Proposed Special Housing Area - 46-48 Trafalgar Street

6.6      Biddy Myers

Attendance:  Councillor Noonan returned to the meeting at 11.27am.

Biddy Myers spoke about the proposed Special Housing Area (12 Wakapuaka Road).

Attendance:  Her Worship the Mayor left the meeting from 11.29am to 11.30am. 

Ms Myers tabled a document (A1771151), and explained her concerns regarding the proposed site of the development and whether the proposed development would provide for affordable housing.

Attachments

1    A1771151 - Public Forum Tabled Document - Biddy Myers - Proposed Special Housing Area - 12 Wakapuaka Road

6.7      Gwenny Davis

Gwenny Davis spoke about Special Housing Area (12 Wakapuaka Road).

Ms Davis explained her concerns regarding rural land being used for Special Housing Area purposes, and whether the proposed development would provide for affordable housing.

6.8      Camilla Owen and Graeme Dick

Camilla Owen and Graeme Dick spoke about the proposed Special Housing Area at 12 Wakapuaka Road.

They tabled documents (A1768749 and A1772725) and answered questions about the proposed development and the public feedback process that had taken place.

Attachments

1    A1768749 - Public Forum Tabled Document - Camilla Owens - Proposed Special Housing Area - 12 Wakapuaka Road

2    A1772725 - Public Forum Tabled Document - Camilla Owens and Graeme Dick - Proposed Special Housing Area - 12 Wakapuaka Road 

6.9      Mark Morris - Land Dimensions Limited

Mark Morris, of Land Dimensions Limited, spoke about the proposed Special Housing Areas at Atawhai Drive (Bayview Subdivisions Limited), 23 Wastney Terrace/19 Sunnybank Drive, Highview Drive (KB Quarries) and Crown Terrace (KB Quarries). 

Mr Morris explained that the developer of the proposed Wastney Special Housing Area had modified the application to remove rural smallholding land from the application.

Attendance:  Councillor Fulton left the meeting from 12.15pm to 12.17pm.

Mr Morris answered questions regarding each of the proposed Special Housing Developments.

6.10    Richard Sellars

Richard Sellars spoke about the different types of activities that took place at Paddy’s Knob and its importance to the community.  He asked Council to be mindful if this when considering the use of Paddy’s Knob as a freedom camping area.

Mr Sellars tabled a document (A1771961) and answered questions.

Attachments

1    A1771961 - Public Forum Tabled Document - Richard Sellars - Paddy's Knob

Attendance:  The meeting adjourned for lunch from 12.32pm to 1.12pm, during which time Councillors Acland, Fulton, Lawrey and Skinner left the meeting. 

7.       Freedom Camping Bylaw proposed for Consultation

Councillor Noonan, seconded by Councillor Courtney, moved the recommendation in the officer report, including minor amendments.

Attendance:  Councillor Lawrey returned to the meeting at 1.13pm and Councillor Acland returned to the meeting at 1.15pm.

 

Resolved CL/2017/207

That the Council

Receives the report Freedom Camping Bylaw proposed for Consultation (R7719) and its attachments, as amended (A1749074, A1748801 and A1761592; and

Confirms that it is satisfied that the proposed Nelson City Council Freedom Camping Bylaw meets the requirements of section 11 of the Freedom Camping Act 2011; and

Approves the attached Statement of Proposal (A1761592), which includes the full text of the proposed bylaw (A1749074) and the Site Assessment (A1748801), for consultation using the Special Consultative Procedure between 14 June 2017 and 14 July 2017; and

Agrees that the draft Nelson City Council Freedom Camping Bylaw (A1749074) is not inconsistent with the New Zealand Bill of Rights Act 1990; and

Agrees that the full Council will hear and deliberate on submissions from the draft Nelson City Council Freedom Camping Bylaw consultation.

Noonan/Courtney                                                                       Carried

7.       Public Feedback on Proposed Special Housing Area at 12 Wakapuaka Road

Document number R7618, agenda pages 9 - 219 refer.

Resolved CL/2017/208

That the Council

Receives the report Public Feedback on Proposed Special Housing Area at 12 Wakapuaka Road (R7618) and its attachments (A1710163 and A1755380); and

Accepts for consideration the late feedback; and

Considers the public feedback received in determining whether or not to recommend the Special Housing Area at 12 Wakapuaka Road to the Minister of Building and Construction when making a decision on report R7619 ‘Proposed Special Housing Areas’, 8 June 2017.

Dahlberg/Barker                                                                         Carried

8.       Proposed Special Housing Areas

Document number R7619, agenda pages 220 - 261 refer.

Attendance:  Councillor Skinner returned to the meeting at 1.19pm.

Senior Infrastructure Planner, Lisa Gibellini presented the report.  She explained that the application for the propose Special Housing Area (SHA) at 23 Wastney Terrace/19 Sunnybank Drive had been altered to remove the rural small-holding zone. 

It was further noted that, as the Deed template now included a requirement to file Urban Design Panel approval with the resource consent application for SHA developments, there was no need to include this condition in the resolution approving each SHA.

Attendance:  Councillor Rutledge left the meeting from 1.27pm to 1.28pm.

There was a discussion regarding whether any councillors held pre-determined views regarding the proposed Special Housing Area at 12 Wakapuaka Road.  No interests were declared in relation to this application.

Resolved CL/2017/209

That the Council

Receives the report Proposed Special Housing Areas (R7619) and its attachments (A1757456, A1757451, A1757452, A1757459, A1761074, A1762987, A1763038, A1763054 and A1710163).

Barker/Dahlberg                                                                         Carried

8.1      21 Cherry Avenue

Attendance:  Councillor McGurk declared an interest in relation to 21 Cherry Avenue and 40 Van Diemen Street and left the meeting at 1.44pm.

Attendance:  Councillor Lawrey left the meeting at 1.44pm.

Resolved CL/2017/210

That the Council

Approves 21 Cherry Avenue (A1757456) 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.

Barker/Fulton                                                                             Carried

Attendance:  Councillor Lawrey returned to the meeting at 1.46pm.

8.2      40 Van Diemen Street

Resolved CL/2017/211

That the Council

Approves 40 Van Diemen Street (A1757451) 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.

Matheson/Rutledge                                                                    Carried

Attendance:  Councillor Rutledge left the meeting at 1.48pm, and Councillor McGurk returned to the meeting at 1.49pm.

8.3      15 Quiet Woman Way

Resolved CL/2017/212

That the Council

Approves 15 Quiet Woman Way (A1757452) 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.

Barker/Walker                                                                            Carried

 

 

8.4      46-48 Trafalgar Street

Attendance:  Councillor Noonan declared an interest and left the meeting at 1.51pm.

Attendance:  Councillor Rutledge returned to the meeting at 1.51pm. 

Senior Infrastructure Planner, Lisa Gibellini, answered questions regarding the parameters of development that could occur on this site under the current Nelson Resource Management Plan without notification to neighbouring properties, how daylight angles would be considered through the SHA process, and how daylight issues could be addressed through the Urban Design Panel approval process.

During discussion, there was general agreement that the Urban Design panel should be asked to pay particular attention to the daylight angles in comparison with permitted baselines when considering the designs submitted in relation to this application.

Resolved CL/2017/213

That the Council

Approves 46 & 48 Trafalgar Street (A1757459) 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 subject to the Urban Design Panel paying particular attention to daylight angles in comparison with permitted baselines when considering the proposed development.

Fulton/Matheson                                                                        Carried

8.5      Atawhai Drive (Bayview Subdivisions Limited)

Attendance:  Councillor Lawrey left the meeting at 2.20pm, and Councillor Noonan returned to the meeting at 2.21pm.

Resolved CL/2017/214

That the Council

Approves Atawhai Drive (Bayview Subdivisions Ltd) (A1761074) 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.

Matheson/Walker                                                                       Carried

8.6      23 Wastney Terrace/19 Sunnybank Drive

It was agreed that the minimum dwelling or residential site capacity should be reduced from 20 to 15, in recognition of the withdrawal of the rural smallholding zoned land from this application.

Resolved CL/2017/215

That the Council

Approves 23 Wastney Terrace/19 Sunnybank Drive (A1762987) 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.

Walker/Acland                                                                            Carried

Attendance:  Councillor Lawrey returned to the meeting at 2.23pm.

8.7      Highview Drive (KB Quarries)

Senior Infrastructure Planner, Lisa Gibellini, answered questions regarding roading connectivity to the proposed development, on-site stormwater detention, and management of run-off from construction into Maire Stream.

Attendance:  Councillor Fulton left the meeting from 2.31pm to 2.34pm.

Resolved CL/2017/216

That the Council

Approves Highview Drive (KB Quarries) (A1763038) 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.

Barker/Rutledge                                                                         Carried

8.8      Crown Terrace (KB Quarries)

Senior Infrastructure Planner, Lisa Gibellini, answered questions regarding roading connectivity to the proposed development.

Resolved CL/2017/217

That the Council

Approves Crown Terrace (KB Quarries) (A1763054) 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.

Walker/Dahlberg                                                                        Carried

8.9      12 Wakapuaka Road

Senior Infrastructure Planner, Lisa Gibellini, answered questions regarding roading connectivity to the development, and the potential for future development of the Atawhai Walkway/Cycleway to the proposed development.

Councillor Rutledge, seconded by Councillor Courtney, moved the recommendation in the officer report.

Councillors discussed the motion and a variety of views were expressed.

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

Aye

Councillor Rutledge

Aye

Councillor Skinner

Aye

Councillor Walker

Aye

Her Worship the Mayor

Aye

The motion was passed, 9-4.

Resolved CL/2017/218

That the Council

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.

Rutledge/Courtney                                                                  Carried

8.10    General

Resolved CL/2017/219

That the Council

Notes that Council’s Deed Template places additional requirements on applicants, including approval of the Urban Design Panel; and

Approves that Her Worship the Mayor recommend those potential areas 21 Cherry Avenue, 40 Van Diemen Street, 15 Quiet Woman Way, 46 & 48 Trafalgar Street, Atawhai Drive (Bayview Subdivisions Ltd), 23 Wastney Terrace/19 Sunnybank Drive, Highview Drive (KB Quarries), Crown terrace (KB Quarries), and 12 Wakapuaka Road to the Minister of Building and Construction 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.

Matheson/Courtney                                                                    Carried

 

 

9.       Exclusion of the Public

Resolved CL/2017/220

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:

Barker/Her Worship the Mayor                                                    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

Civic Financial Services Ltd Directors' remuneration and appointments

 

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 2.59pm and resumed in public session at 3.02pm. 

10.     Re-admittance of the Public

Resolved CL/2017/221

That the Council

Re-admits the public to the meeting.

 

Her Worship the Mayor/Skinner                                                  Carried

 

 

There being no further business the meeting ended at 3.02pm.

 

Confirmed as a correct record of proceedings:

 

 

 

                                                       Chairperson                                     Date

         


 

Council

22 June 2017

 

 

REPORT R7909

Status Report - Council - 22 June 2017

     

 

1.       Purpose of Report

1.1      To provide an update on the status of actions requested and pending.

 

 

2.       Recommendation

That the Council

Receives the Status Report Council 22 June 2017 (R7909) and its attachment (A1168168).

 

 

 

Attachments

Attachment 1:  A1168168 Status Report - Council - 22 June 2017

 

  



 


 


 


 


 


 


 


 


 

 


 

Council

22 June 2017

 

 

REPORT R7596

Mayor's Report

     

 

1.       Purpose of Report

1.1      To update Council on a number of matters.

 

 

1.       Recommendation

That the Council

Receives the Mayor's Report (R7596) and its attachments (A1772372 and A1774133); 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.

 

 

 

2.       Discussion

Congratulations to Queen’s Birthday Honours Recipients

2.1   The Mayor would like to extend congratulations to the very worthy Nelsonian recipients of Queen’s Birthday Honours this year those being: 

·             CNZM Dr Lesley Louise Rhodes for services to science and marine farming;

·             QSO Mary Garner for services to the community;

·             QSO Mary Gavin for services to women and the community;

·             QSM Barry Pomeroy for services to veterans and the community;

·             QSM Julian Shields for services to the community; and

·             QSM Karen Stade for services to historical research and the community.

Mayor’s Climate Change Declaration

2.2      At the National Council meeting in May, LGNZ discussed updating the LGNZ Climate Change Declaration with a view to putting it to the membership in July to seek further/new support.  As Mayor of Nelson, Mayor Reese has signed this document, confirming Council support for the updated version of this Declaration, included as Attachment 1.

Single-Use Plastic Bags

2.3      The Mayor has received a request from Justin Lester, Mayor of Wellington, seeking support to help tackle the problems caused by single-use plastic bags, which impact the local environment with communities bearing the environmental and financial burden.  Mayor Lester proposes a letter be sent to Associate Environment Minister Scott Simpson from the local government sector seeking to create a national levy at the point of sale, or alternatively, for the Government to empower local authorities to set a levy in their own areas of responsibility.  The Mayor has agreed to support the letter to the Minister.  Attachment 2 is Mayor Lester’s draft letter to the Minister.

3.       Decision

Conduct Review Panel

3.1      Clause 8.18 of the Elected Members' Code of Conduct requires that a Conduct Review Panel be appointed at the time the code is adopted, noting that:

The Panel shall consist of three elected members.  One member shall be the Mayor and the other two members shall be nominated by the Council at the Council meeting when this code is adopted (normally the first meeting after an election).  The Council shall appoint three other elected members (in order of priority) to replace any member on the Panel in the event of a conflict of interest or unavailability.

3.2      Council’s previous Conduct Review Panel was discharged as a matter of course at the end of 2013-2016 triennium. 

3.3      Council considered a code of conduct review report on 4 May 2017 including a recommendation to appoint a Conduct Review Panel.  However, at that time Council resolved that the matter be left to lie until a future Council meeting.  This means that Council currently does not have a Conduct Review Panel in place.

3.4      It is recommended that Council now appoint a Conduct Review Panel to ensure any alleged breaches of the Code are dealt with efficiently

 

Rachel Reese

Mayor of Nelson

Attachments

Attachment 1:  A1772372 - Local Government Leaders Climate Change Declaration

Attachment 2:  A1774133 - draft letter to Associate Environment Minister Scott Simpson:  Single-use plastic bags

 

 

Important considerations for decision making

1.   Fit with Purpose of Local Government

Council should ensure it meets the provisions of the Elected Members Code of conduct required by The Local Government Act 2002.

2.   Consistency with Community Outcomes and Council Policy

Council’s Elected Members’ Code of Conduct requires that Council appoint a Conduct Review Panel.

3.   Risk

There is little to no risk in appointing a Conduct Review Panel.

4.   Financial impact

There is no cost associated with appointing a Conduct Review Panel.

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.

6.   Inclusion of Māori in the decision making process

Maori have not been included in this decision-making process.

7.   Delegations

This is a matter for Council.

 

 



 


 


 


 


 



 

Council

22 June 2017

 

 

REPORT R7796

Adoption of the Annual Plan 2017/18

     

 

1.       Purpose of Report

1.1      To adopt the Annual Plan 2017/18 and subsequently to set the rates for the 2017/18 financial year.

2.       Summary

2.1      Council has undertaken a consultation process and deliberated on submissions relating to the draft Annual Plan 2017/18. The Annual Plan 2017/18 has been updated as a result of the decisions made at the deliberations meeting and is attached for adoption (see Attachment 1).

 

 

3.       Recommendation

That the Council

Receives the report Adoption of the Annual Plan 2017/18 (R7796) and its attachment (A1763548); and

Adopts the Annual Plan 2017/18 (A1763548); and

Delegates the Mayor and Chief Executive to make any necessary minor editorial amendments to the Annual Plan 2017/18; and

Sets the following rates under the Local Government (Rating) Act 2002, on rating units in the district for the financial year commencing on 1 July 2017 and ending on 30 June 2018:

The revenue approved below will be raised by the rates and charges that follow.

Revenue approved:

General Rate                             $37,180,001

Uniform Annual General Charge   $8,767,024

Stormwater and Flood Protection Charge                                                                                                                                                              $5,234,772

Waste Water Charge                  $7,265,032

Water Annual Charge                 $3,424,912

Water Volumetric Charge           $7,991,460

Clean Heat Warm Homes and Solar Saver

                                                     $490,200

Rates and Charges (excluding GST)

                                                     $70,353,401

Goods and Services Tax (at the current rate)

                                                     $10,553,010

Total Rates and Charges            $80,906,411

The rates and charges below are GST inclusive.

 

(1) General Rate

A general rate set under section 13 of the Local Government (Rating) Act 2002, assessed on a differential land value basis as described below:

·   a rate of 0.69042 cents in the dollar of land value on every rating unit in the “residential – single unit” category.

·   a rate of 0.69042 cents in the dollar of land value on every rating unit in the “residential empty section” category.

·   a rate of 0.75946 cents in the dollar of land value on every rating unit in the “single residential unit forming part of a parent valuation, the remainder of which is non-rateable” category. This represents a 10% differential on land value.

·   a rate of 0.75946 cents in the dollar of land value on every rating unit in the “multi residential” category. This represents a 10% differential on land value.

·   a rate of 1.74470 cents in the dollar of land value on every rating unit in the “commercial – excluding inner city and Stoke commercial” subject to 100% commercial and industrial (occupied and empty) category. This represents a 152.7% differential on land value.

·   a rate of 1.48096 cents in the dollar of land value on every rating unit in the “commercial – excluding inner city and Stoke commercial” subject to 25% residential and 75% commercial” category. This represents a 114.5% differential on land value.

·   a rate of 1.21791 cents in the dollar of land value on every rating unit in the “commercial – excluding inner city and Stoke commercial” subject to 50% residential and 50% commercial” category. This represents a 76.4% differential on land value.

·   a rate of 0.95416 cents in the dollar of land value on every rating unit in the “commercial – excluding inner city and Stoke commercial” subject to 75% residential and 25% commercial” category. This represents a 38.2% differential on land value.

·   a rate of 2.52902 cents in the dollar of land value on every rating unit in the “commercial inner city” subject to 100% commercial and industrial (occupied and empty) category. This represents a 266.3% differential on land value.

·   a rate of 2.06920 cents in the dollar of land value on every rating unit in the “commercial inner city subject to 25% residential and 75% commercial” category. This represents a 199.7% differential on land value.

·   a rate of 1.61007 cents in the dollar of land value on every rating unit in the “commercial inner city subject to 50% residential and 50% commercial” category. This represents a 133.2% differential on land value.

·   a rate of 1.15024 cents in the dollar of land value on every rating unit in the “commercial inner city subject to 75% residential and 25% commercial” category. This represents a 66.6% differential on land value.

·   a rate of 2.41510 cents in the dollar of land value on every rating unit in the “Stoke commercial subject to 100% commercial and industrial (occupied and empty)” category. This represents a 249.8% differential on land value.

·   a rate of 1.98427 cents in the dollar of land value on every rating unit in the “Stoke commercial subject to 25% residential and 75% commercial” category. This represents a 187.4% differential on land value.

·   a rate of 1.55276 cents in the dollar of land value on every rating unit in the “Stoke commercial subject to 50% residential and 50% commercial” category. This represents a 124.9% differential on land value.

·   a rate of 1.12194 cents in the dollar of land value on every rating unit in the “Stoke commercial subject to 75% residential and 25% commercial” category. This represents a 62.5% differential on land value.

·   a rate of 0.44877 cents in the dollar of land value on every rating unit in the “rural” category. This represents a minus 35% differential on land value.

·   a rate of 0.62138 cents in the dollar of land value on every rating unit in the “small holding” category. This represents a minus 10% differential on land value.

 

(2) Uniform Annual General Charge

A uniform annual general charge under section 15 of the Local Government (Rating) Act 2002 of $428.80 per separately used or inhabited part of a rating unit.

 

(3) Stormwater and Flood Protection Charge

A targeted rate under section 16 of the Local Government (Rating) Act 2002 of $287.64 per rating unit, this rate is payable by all ratepayers excluding rural rating units, rating units east of the Gentle Annie saddle, Saxton’s Island and Council’s stormwater network.

 

(4) Waste Water Charge

A targeted rate for waste water disposal under section 16 of the Local Government (Rating) Act 2002 of:

·   $407.97 per separately used or inhabited part of a residential, multi residential, rural and small holding rating units that is connected either directly or through a private drain to a public waste water drain.

·   For commercial rating units, a waste water charge of $101.99 per separately used or inhabited part of a rating unit that is connected either directly or through a private drain to a public waste water drain. Note:  a “trade” waste charge will also be levied.

 

(5) Water Annual Charge

A targeted rate for water supply under Section 16 of the Local Government (Rating) Act 2002, of:

Water charge (per connection)                    $189.32

 

(6) Water Volumetric Rate

A targeted rate for water provided under Section 19 of the Local Government (Rating) Act 2002, of:

Price of water:

Usage up to 10,000 cu.m/year $1.964 per m³

Usage from 10,001 – 100,000 cu.m/year

                                                     $1.550 per m³

Usage over 100,000 cu.m/year $1.222 per m³

Summer irrigation usage over 10,000 cu.m/year

                                                     $1.757 per m³

 

(7) Clean Heat Warm Homes

A targeted rate per separately used or inhabited part of a rating unit that has been provided with home insulation and/or a heater to replace a non-complying solid fuel burner under Section 16 of the Local Government (Rating) Act 2002 in accordance with agreement of the original ratepayer, of:

·   For properties levied the Clean Heat Warm Homes as a result of agreements entered into after 1 July 2011, the targeted rate for each year for 10 years will be the total cost of the installed works excluding GST, divided by 10, plus GST.

·   For properties levied the Clean Heat Warm Homes as a result of agreements entered into prior to 1 July 2011 the targeted rate of:

Loan Assistance Range

Installation after
30 Sept 2010

Completed prior to
30 Sept 2010

$1,400 to $1,599

$140.00

$143.11

$1,600 to $1,799

$160.00

$163.56

$1,800 to $1,999

$180.00

$184.00

$2,000 to $2,199

$200.00

$204.44

$2,200 to $2,399

$220.00

$224.89

$2,400 to $2,599

$240.00

$245.34

$2,600 to $2,799

$260.00

$265.78

$2,800 to $2,999

$280.00

$286.22

$3,000 to $3,199

$300.00

$306.67

$3,200 to $3,399

$320.00

$327.11

$3,400 to $3,599

$340.00

$347.56

$3,600 to $3,799

$360.00

$368.00

$3,800 to $3,999

$380.00

$388.44

$4,000 to $4,199

$400.00

$408.89

$4,200 to $4,399

$420.00

$429.34

$4,400 to $4,599

$440.00

$449.78

$4,600 to $4,799

$460.00

$470.22

$4,800 to $4,999

$480.00

$490.67

 

(8) Solar Hot Water Systems

A targeted rate for any separately used or inhabited parts of a rating unit that has been provided with financial assistance to install a solar hot water system under Section 16 of the Local Government (Rating) Act 2002 in accordance with agreement of the original ratepayer, of the following factors on the extent of provision of service (net cost of the work including GST after deducting EECA grant, plus funding cost):

·   0.14964 (including GST) for agreements entered into prior to 1 July 2011, multiplied by the Net Cost of the Work adjusted for any increased GST.

·   0.13847 (including GST) for agreements entered into after 1 July 2011 multiplied by the Net Cost of the Work.

 

Other Rating Information:

 

Due Dates for Payment of Rates

The above rates (excluding water volumetric rates) are payable at the Nelson City Council office, 110 Trafalgar Street, Nelson and shall be payable in four instalments on the following dates:

Instalment
Number

Instalment Due Date

Last Date for Payment

Penalty Date

Instalment 1

1 August 2017

21 August 2017

25 August 2017

Instalment 2

1 November 2017

20 November 2017

24 November 2017

Instalment 3

1 February 2018

20 February 2018

26 February 2018

Instalment 4

1 May 2018

21 May 2018

25 May 2018

Rates instalments not paid on or by the Last Date for payment above will incur penalties as detailed in the section “Penalty on Rates”.

 

Due Dates for Payment of Water Volumetric Rates

Residential water volumetric rates are payable at the Nelson City Council office, 110 Trafalgar Street, Nelson and shall be payable on the following dates:

Billing Month

Last Date for Payment

Penalty Date

July 2017

20 September 2017

25 September 2017

August 2017

20 September 2017

25 September 2017

September 2017

20 October 2017

26 October 2017

October 2017

20 December 2017

8 January 2018

November 2017

20 December 2017

8 January 2018

December 2017

22 January 2018

26 January 2018

January 2018

20 March 2018

26 March 2018

February 2018

20 March 2018

26 March 2018

March 2018

20 April 2018

26 April 2018

April 2018

20 June 2018

26 June 2018

May 2018

20 June 2018

26 June 2018

June 2018

20 July 2018

26 July 2018

Special (final) water volumetric rates will be payable 14 days from the invoice date of the special (final) water reading as shown on the water invoice.

Commercial water volumetric rates are payable at the Nelson City Council office, 110 Trafalgar Street, Nelson and shall be payable on the following dates:

 

Billing Month

Last Date for Payment

Penalty Date

July 2017

21 August 2017

25 August 2017

August 2017

20 September 2017

25 September 2017

September 2017

20 October 2017

26 October 2017

October 2017

20 November 2017

24 November 2018

November 2017

20 December 2017

8 January 2018

December 2017

22 January 2018

26 January 2018

January 2018

20 February 2018

26 February 2018

February 2018

20 March 2018

26 March 2018

March 2018

20 April 2018

26 April 2018

April 2018

21 May 2018

25 May 2018

May 2018

20 June 2018

26 June 2018

June 2018

20 July 2018

26 July 2018

 

Penalty on Rates

Pursuant to Sections 57 and 58 of the Local Government (Rating) Act 2002, the Council authorises the following penalties on unpaid rates (excluding volumetric water rate accounts) and delegates authority to the Group Manager Corporate Services to apply them:

·   a charge of 10% of the amount of each rate instalment remaining unpaid on the penalty date as shown in the above table and also shown on each rate instalment notice.

·   a charge of 10% will be added on 8 January 2018 to any balance from a previous rating year (including penalties previously charged) remaining outstanding on 5 January 2018.

·   a further additional charge of 10% will be added on 6 July 2018 to any balance from a previous rating year (including penalties previously charged) remaining outstanding on 5 July 2018.

 

Penalty on Water Volumetric Rates

Pursuant to Sections 57 and 58 of the Local Government (Rating) Act 2002, the Council authorises the following penalties on unpaid volumetric water rates and delegates authority to the Group Manager Corporate Services to apply them:

·   a charge of 10% of the amount of each volumetric water rate account remaining unpaid on the penalty date as shown in the above table and also shown on each volumetric water rate account.

 

Penalty Remission

In accordance with Council’s rate remission policy, the Council will approve the remission of the penalty added on instalment one due to late payment provided the total annual rates are paid in full by 20 November 2017. If full payment of the annual rates is not paid by 20 November 2017 the penalties relating to the first instalment outlined above will apply.

The above penalties will not be charged where Council has agreed to a programme for payment of outstanding rates.

The Group Manager Corporate Services is given discretion to remit rates penalties either in whole or part in accordance with Council’s approved rates remission policy, as may be amended from time to time.

 

Discount on Rates

Pursuant to Section 55 of the Local Government (Rating) Act 2002, the Council will allow a discount of 2.0 percent of the total rates (excluding volumetric water rates) where a ratepayer pays the year’s rates in full on or before the Last Date for Payment for instalment one being 21 August 2017.

 

Payment of Rates

The rates shall be payable at the Council offices, Civic House, 110 Trafalgar Street, Nelson between the hours of 8.30am to 5.00pm Monday, Tuesday, Wednesday and Friday and 9.00am to 5.00pm Thursday.

Where any payment is made by a ratepayer that is less than the amount now payable, the Council will apply the payment firstly to any rates outstanding from previous rating years and then proportionately across all current year rates due.

 

 

 

4.       Background

4.1      Council consulted on its draft Annual Plan 2017/18 from 17 March to 18 April 2017. There were 407 submissions received and 11 late submissions were approved for consideration on 3 May 2016. Council met to hear 66 submitters on 10 and 11 May 2016 and held deliberations on submissions on 23 May 2017.

5.       Discussion

5.1      The final Annual Plan 2017/18 (see Attachment 1) is presented for Council to adopt.

5.2      Following adoption of the Annual Plan, Council will also need to set the rates for the 2017/18 financial year.

5.3      After Council has adopted the Annual Plan 2017/18, submitters will receive responses to their submissions.

Financials

5.4      The Annual Plan 2017/18 has an increase in the total rates requirement for 2017/18 of 2.8%, after allowing for a 0.5% growth in the rating base. It has forecast net debt of $118.9 million.

5.5      The Annual Plan 2017/18 has a capital programme of $60 million, which is $20.7 million more than what was planned in the Long Term Plan.

5.6      The rating resolution sets the rates for the 2017/18 year. Council should note that the last date for payment for residential water volumetric rates has moved from the 15th of the month to the 20th of the month. The reason for this date change is for consistency of all Council accounts being due on the 20th of the month and is also a recognised payment due date for ratepayers. The date change will also give ratepayers an additional five days to pay water accounts.

5.7      Further information about the financials can be found in the Funding Impact Statement and Financials sections of the Annual Plan 2017/18.

Exceptions

5.8      The usual process for reporting to Council on exceptions to projects continued during the Annual Plan development and consultation period, with reports being received by Committees and changes to project scope, timing and budgets approved by Council over this time. These approved changes have been included in the final Annual Plan 2017/18.

5.9      In addition, further exceptions reports are in progress or scheduled on a number of other items, and these exceptions will continue to go through their regular processes of Committee and Council approval. As noted in the deliberations report of 23 May, the final Annual Plan preparation has assumed that the exceptions reports in progress will be approved by Council. This allows the best estimate of budgets to be included in this Annual Plan. Should any changes not be approved by Council through this process, they will be changed in the 2017/18 operating budgets to reflect Council’s decision.

5.10    It should be noted that changes from the Planning and Regulatory Committee on 25 May in regard to Nelson Nature Carry forwards, and funding for a Small Scale Management Programme for Sabella have not been included in the final Annual Plan but will be included in the operating budgets with items on carry forwards. The same process will be used to transfer budget for the Neale Park Sewer Pump station and Elma Turner Library.

5.11    The Annual Plan is a point in time document, and Council decisions over the period influence budgets and project scope.

Carry forwards

5.12    Further carry forwards, in addition to those exceptions identified above, will be included in a report to Council following the end of the 2016/17 financial year.

6.       Options

6.1      Council can set the rates as recommended and adopt the Annual Plan 2017/18, as attached, or can make changes. Council is required under section 95 of the Local Government Act 2002 to adopt an Annual Plan for the 2017/18 year by 30 June 2017. Option 1 is recommended by officers as it adopts the Annual Plan and sets the rates in the required timeframe.

 

Option 1: Adopt the Annual Plan 2017/18 and set the rates for the 2017/18 year

Advantages

·   Council approves an agreed programme of work for 2017/18 ahead of the financial year commencing and sets the rates for that year.

·   Council meets the requirement of the Local Government Act 2002 and the Local Government (Rating) Act 2002 by adopting an Annual Plan and setting the 2017/18 rates ahead of 30 June.

Risks and Disadvantages

·   No obvious disadvantages.

Option 2: Do not adopt the Annual Plan 2017/18 and do not set the rates for the 2017/18 year

Advantages

·    Council could make further changes to the financials and projects before adopting the Annual Plan.

Risks and Disadvantages

·    If Council does not adopt the Annual Plan at this meeting, it would be in danger of failing to meet the timing requirements of the Local Government Act and Local Government (Rating) Act.

 

7.       Conclusion

7.1      Council must adopt a final Annual Plan 2017/18 by the end of June 2017. The Annual Plan 2017/18 has effect from 1 July 2017.

7.2      Once adopted, a designed Annual Plan will be made available to the public online, at Council’s libraries and at Council’s Customer Service Centre.

 

Jane Loughnan

Policy Coordinator

Attachments

Attachment 1:  Annual Plan 2017/18 (A1763548) (Circulated separately)

 

 

Important considerations for decision making

1.   Fit with Purpose of Local Government

Adopting an Annual Plan and setting rates fits with the purpose of local government as it sets out how Council will deliver and provide infrastructure, services, regulatory functions and other activities during 2017/18 and how rates will be set to achieve this.

2.   Consistency with Community Outcomes and Council Policy

The Annual Plan process supports the Community OutcomeOur Council provides leadership and fosters partnerships, a regional perspective, and community engagement”.

3.   Risk

There is a risk that Council has made decisions on the Annual Plan in response to submissions that some submitters do not agree with. There is a risk of insufficient staff resource to deliver the Annual Plan capital programme however Council has requested the Chief Executive secure additional resourcing. Success in attracting the right skills may depend on market conditions.

4.   Financial impact

The adoption of this Annual Plan will result in an average rates rise of 2.8% for 2017/18.

Through the adoption of this Annual Plan Council plans to meet the financial benchmarks included in the Annual Plan disclosure statement.

5.   Degree of significance and level of engagement

The Annual Plan is a matter of high significance because it directly impacts on Council’s work programme and rates for the 2017/18 year and as a result extensive consultation with the community has been undertaken.

6.   Inclusion of Māori in the decision making process

Maori were consulted through the submission process on the Consultation Document.

7.   Delegations

The preparation and adoption of an Annual Plan is a decision of Council.

 

 


 

Council

22 June 2017

 

 

REPORT R7306

Standing Orders Review 2017

     

 

1.       Purpose of Report

1.1      To review and adopt standing orders for the 2016-2019 triennium.

2.       Summary

2.1         It is appropriate that Council’s standing orders are reviewed and re-adopted each triennium.  Council now needs to consider if it wishes to adopt standing orders based on the new LGNZ template standing orders (LGNZ standing orders), customised to suit Nelson City Council.  LGNZ standing orders include three optional provisions that Council must decide if it wishes to include.  This report summarises direction provided by elected members to date and additional changes recommended by officers. 

 

3.       Recommendation

That the Council

Receives the report Standing Orders Review 2017 (R7306) and its attachments (A1757764 and A1754611) ; and

Adopts the proposed amended standing orders as set out in Attachment 2 (A1754611).

 

 

 

4.       Background

4.1      Clause 27 of Schedule 7 of the Local Government Act 2002 (the LGA) requires Council to adopt a set of standing orders for the conduct of its meetings and those of its committees.  Standing orders provide the Mayor or Chairperson of a meeting with tools to guide meetings through debate and provide a framework of rules that ensures public decision-making is fair open, transparent and fair.

4.2      It is appropriate that Council's standing orders are reviewed and re-adopted during each triennium.  This ensures that standing orders are fully compliant with legislation and best practice, and that all elected members understand the standing orders that will govern their meetings.

4.3      Once standing orders are adopted, they can be altered at any time with a 75 percent majority vote of those present.

4.4      The current Nelson City Council standing orders (NCC standing orders) largely mirror the model standing orders published by Standards New Zealand, NZS9202:2003 “Model Standing Orders for Meetings of Local Authorities and Community Boards” (model standing orders).  Model standing orders were last updated by Standards New Zealand in 2004.

4.5      In 2016, Local Government New Zealand published a new set of standing orders in template form (LGNZ standing orders).  The template is designed to be customised to meet the needs and structure of individual councils.  It is LGNZ’s intent to keep the template up to date.

4.6      Officers have completed a detailed assessment of LGNZ standing orders and believe it provides a more appropriate basis for Council’s standing orders as it incorporates legislative changes made since 2002, and addresses areas where model standing orders have proven ambiguous, silent or impractical.

4.7      LGNZ standing orders contain three optional provisions and elected members must decide whether to include all or any of these when adopting standing orders:

·   Option to join meetings by audio and audio-visual link;

·   Provision for a casting vote by a Chairperson;

·   Choice of three different ways of dealing with motions and amendments.

4.8      At a workshop on 9 May 2017, elected members discussed some of the optional provisions and other recommended changes to customise LGNZ standing orders. Following the workshop, elected members were invited to provide further feedback on the optional provisions and recommended changes.  Officers have not received any further feedback.

4.9      This report summarises the direction provided by elected members to date, addresses the optional provisions not discussed at the 9 May workshop, and includes additional draft changes required to customise LGNZ standing orders for Nelson City Council.

4.10    Attachment 1 is a table of differences between NCC standing orders and LGNZ standing orders, including officer commentary and recommended changes to customise LGNZ standing orders for Nelson City Council.

4.11    Attachment 2 is a marked up copy of LGNZ standing orders that, if adopted, will become the new Nelson City Council standing orders.  Changes supported by a majority of elected members at the 9 May workshop are marked in blue, and additional changes recommended by officers are marked in red.  A brief outline of each change is provided at the corresponding entry in Attachment 1.

4.12    A training session for elected members on the LGNZ standing orders, with any changes as adopted at this meeting, is scheduled for 29 June 2017.

5.       Discussion

5.1      Council now needs to decide whether to adopt LGNZ standing orders and whether to include all or any of the optional provisions and recommended changes.

          LGNZ Optional Provisions

5.2      Audio and audio-visual link

5.2.1   LGNZ standing orders 12.7-12.16 set out optional provisions for allowing members to attend meetings by electronic link, noting they are not counted as present for quorum but can vote where quorum is physically present at the meeting.  There is no equivalent provision in NCC standing orders.

5.2.2   The LGA 2002 Amendment Act 2014 gave local authorities the option to allow members to join meetings by electronic link (Cl. 25A Schedule 7 LGA).  A key reason behind this change was to accommodate councils with large geographic boundaries, whose councillors have significant travel requirements. 

5.2.3   Nelson City Council has previously considered this matter and decided that, as it has a small geographic boundary, attendance via audio or audio-visual link is not a priority or a necessity.  There has been no significant change to NCC’s geographic boundary since the matter was last considered. 

5.2.4   Elected members have not provided direction on this provision.  Officers recommend against including LGNZ standing orders 12.7-12.16 for the reasons outlined above.

5.3      Casting vote

5.3.1   LGNZ standing order 18.3 sets out the optional provision that mayor or chairperson has a deliberative vote and, in the case of an equality of votes, has a casting vote.  NCC standing order 3.14.2 provides that the mayor or chairperson does not have a casting vote. 

5.3.2   Cl. 24 Schedule 7, LGA expressly allows for local authorities to choose to establish a casting vote, for the Mayor or Chairperson, and a large number of local authorities around New Zealand have chosen to do so.  There are good reasons to consider establishing a casting vote, as well as to remain in the status quo position of not having a casting vote. 

5.3.3   Allowing for a casting vote can be a pragmatic step to ensure efficient decision making, especially where there is an even number of members present and voting.  It is noted that despite common perception, at common law, there is no binding convention requiring the casting vote to be made to preserve the status quo.

5.3.4   However, the need for efficient decision making must be weighed against the democratic principle that a person should have a single equally weighted vote.  This principle is reflected in the default position of cl. 24 (2) Schedule 7, LGA which states that the mayor or chairperson does not have a casting vote.

5.3.5   Elected members have not provided direction on this provision, and opted to maintain the positon of no casting vote in adopting the current Standing Orders at the beginning of the triennium.  Officers recommend that Council continue to maintain the position of no casting vote for the Mayor or Chairperson at this stage.  It should be noted that this section of standing orders can be amended at any time upon review, by a 75 percent majority vote.

5.4      Options for motions and amendments

5.4.1   LGNZ standing orders 21.1-21.5 provide for three different approaches for speaking to and moving motions.  The intent is that standing orders include all three options, identifying one option as the default position, and making the other two options available to the meeting to adopt by resolution for all or part of the agenda, upon the Chair’s recommendation.

5.4.2   NCC standing orders section 3.9 sets out one set of rules for motions and amendments.  The only alternative available to a meeting under NCC standing orders is to suspend standing orders altogether, by resolution.

5.4.3   LGNZ Option A is similar to current practice as set out in NCC standing orders Section 3.9, which limits the ability of members to move amendments if they have previously spoken.  Options B and C allow progressively more flexibility for members to speak and/or move amendments while still providing clear parameters.  The addition of Options B and C allows for more discussion if the meeting feels it necessary to reach a decision, and avoids a meeting having to suspend standing orders altogether. 

5.4.4   Tasman District council has adopted Option A as the default option and retained B and C as optional.

5.4.5   At the workshop on 9 May, elected members expressed differing views on whether to adopt only one option, or a combination of options.  For the reasons outlined above, officers recommend adopting Option A as the default option, with options B and C retained for occasional use by resolution.

          Additional Changes

5.5      At the 9 May workshop, elected members provided direction on a number of other LGNZ standing orders, as follows:

5.5.1   Chairperson’s recommendation:  LGNZ standing order 9.5 and NCC standing order 3.7.7 refer to a chairperson’s ability to include a Chairperson’s recommendation on any agenda item.  Elected members expressed a majority view that LGNZ standing order 9.5 should include reference to the requirement to meet the provisions of Part 6, LGA 2002 in relation to consultation and decision-making.  The relevant change is marked in blue in Attachment 2.

5.5.2   Major late items:  LGNZ standing order 9.12 and NCC standing order 9.7.5 specify that major late items may be brought before the meeting through a report from the Chief Executive.  LGNZ extends this ability to the chairperson and elected members indicated majority support for this new provision.

5.5.3   Public forum time limits:  LGNZ standing order 14.1 and NCC standing orders 13.21.1-3 set out similar time limits for public forum.  The differences are:

·   LGNZ restricts all speakers to 5 minutes.  NCC allows 5 minutes for individuals and 10 minutes for organisations.

·   Both LGNZ and NCC allow a meeting to extend the total time allowed for public forum.  LGNZ makes additional provision for the chairperson to restrict speaking time for all speakers if there are more than six public forum presentations.

5.5.4   Elected members expressed differing views on whether speaking time for an organisation should be 5 minutes or 10 minutes.  Officers consider the various provisions in LGNZ 14.1 provide sufficient flexibility for the chair to manage governance time democratically and efficiently, and recommend adopting it as written.

5.5.5   Reasons to decline public forums: LGNZ standing order 14.2 and NCC standing order 3.21.4 set out reasons a public forum may be declined.  LGNZ adds several new provisions to decline, two of which were discussed at the 9 May workshop:

·   where the speaker is repeating views presented by an earlier speaker at the same public forum.  Elected members expressed differing views on whether this point was helpful in keeping public forums to time, or unnecessarily restrictive.  Officers recommend removing this provision in the interests of supporting democratic process.

·   the speaker is criticising elected members and/or staff.  Elected members expressed a majority view that criticism should not be restricted if it is made respectfully, and therefore this point should be removed.

5.6      Officers have recommended a number of additional editorial changes to the LGNZ standing orders to align it with Nelson City Council’s governance structure and preferred practice.  These are marked in red in Attachment 2.  Brief explanations are included at the corresponding entries in Attachment 1. 

6.       Options

6.1      Option 1 - Council can adopt the LGNZ standing orders as reflected in Attachment 2.

6.2      Option 2 – Council can decide not to adopt LGNZ standing orders as amended, instead retaining the current NCC standing orders (based on model standing orders).

 

Option 1: Adopt LGNZ standing orders as amended

Advantages

·   Provides standing orders that use ‘plain English’ and are more readable to elected members and the public

·   Ensures standing orders incorporate changes to legislation

·   Addresses areas where NCC standing orders have previously proven ambiguous, silent or impractical

·   Regular review and update by LGNZ

·   Ensures NCC standing orders are consistent with best practice

Risks and Disadvantages

·   Requires familiarisation with a new set of standing orders

Option 2: Do not adopt LGNZ standing orders

Advantages

·    Retains a set of standing orders that elected members are familiar with

Risks and Disadvantages

·    Model standing orders have not been updated since 2004 and do not reflect subsequent changes in legislation or best practice.  As model standing orders form the basis of Council’s current standing orders, any updates we make to reflect changes to legislation are done in isolation from the rest of the sector, LGNZ and best practice

·    Model standing orders are less readable

 

7.       Conclusion

7.1      It is recommended that Council adopts the LGNZ standing orders, customised for Nelson City Council as set out in Attachment 2.

 

Linda Canton

Administration Adviser

Attachments

Attachment 1:  A1757764 - LGNZ and NCC Standing orders table of differences and recommended changes

Attachment 2:  A1754611 - Proposed Nelson City Council Standing Orders based on LGNZ Standing Orders

 

 

Important considerations for decision making

1.   Fit with Purpose of Local Government

The review and adoption of up to date standing orders supports efficient and effective decision making at governance level.

2.   Consistency with Community Outcomes and Council Policy

It is good practice to review and adopt standing orders each triennium to ensure standing orders are fully compliant with legislation and best practice.

3.   Risk

There is a low risk associated with this matter.  Standing orders are informed by legislation and best practice.  Changes made beyond those recommended by officers create a risk that adopted standing orders may not be fully compliant or reflect best practice. 

4.   Financial impact

There is no cost associated with the recommendation in this report.

5.   Degree of significance and level of engagement

This matter is of low significance because it relates to the adoption of revised standing orders governing the way Council’s meetings are run.  No engagement on the matter is required.

6.   Inclusion of Māori in the decision making process

Maori have not been consulted on this matter.

7.   Delegations

The adoption of standing orders has not been delegated to a Committee, therefore is a matter for full Council.

 



 


 


 


 


 


 


 


 


 


 



 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 

Council

22 June 2017

 

 

REPORT R7607

Capital Expenditure Programme 2016-17 - Requests for change

     

 

1.       Purpose of Report

To seek approval for changes to capital projects and/or expenditure.

 

2.       Recommendation

That the Council

Receives the report Capital Expenditure Programme 2016-17 - Requests for change; and

Approves, with respect to project 2274 Trafalgar Centre mother grid, that $153,915 of 2016-17 budget be transferred to 2017-18; and

Approves, with respect to project 2272 Trafalgar Centre tiered seating renewal, that $356,000 of 2016-17 budget be transferred to 2017-18; and

Approves, with respect to 2271 Trafalgar Centre benched seat replacement, that $460,000 of 2016-17 budget be transferred to 2017-18; and

Approves, with respect to project 3082 Trafalgar Theatre, that $185,000 of 2016-17 budget be transferred to 2017-18.

 

 

 

3.       Requests for Change – Budget Underspend

3.1     In late 2015, as part of a report relating to earthquake strengthening, Council considered a range of functional improvements to the Trafalgar Centre.  These included an internal curtained theatre space, a trellis frame for suspending theatre equipment (mother grid) and new seating.  Council resolved to provide funding in the 2016-17 Annual Plan to complete these works.  Changes to the availability of project management resource means the projects are unallocated and cannot be delivered as originally planned.  Additionally, early progress on project 3082 Trafalgar Theatre curtains was delayed due to the need for an external professional opinion on the acoustic feasibility of the proposed solution.

3.2     A project management resource has been allocated to all four projects for 2017-18, and approval is sought to carry forward project budgets into 2017-18.

Project 2274 Trafalgar Centre mother grid

3.3     There is budget provision of $153,915 in 2016-17, with $153,915 unspent.   Approval is sought to carry forward $153,915 into 2017-18.

Project 2272 Trafalgar Centre tiered seating renewal

3.4     There is budget provision of $356,000 in 2016-17, with $356,000 unspent.   Approval is sought to carry forward $356,000 into 2017-18.

Project 2271 Trafalgar Centre benched seat replacement

3.5     There is budget provision of $460,000 in 2016-17, with $460,000 unspent.   Approval is sought to carry forward $460,000 into 2017-18.

Project 3082 Trafalgar Theatre curtains

3.6     There is budget provision of $200,000 in 2016-17, with $185,000 unspent.   Approval is sought to carry forward $185,000 into 2017-18.

4.       Conclusion

4.1     The approvals sought for budget carry forward will enable future works to renew and improve facilities at the Trafalgar Centre to proceed. 

 

Arlene Akhlaq

Project Management Adviser

Attachments

Nil

 

 

Important considerations for decision making

1.   Fit with Purpose of Local Government

The proposed changes in phasing support efficient and effective delivery of projects to provide the core service of recreational facilities and community amenities, to meet the current and future needs of the community.

2.   Consistency with Community Outcomes and Council Policy

The recommendations in this report amend the phasing of the Long Term Plan budget.

3.   Risk

The recommendations in this report reduce risk by adjusting budget phasing to enabling these projects to continue.  The projects are planned for in the 2017-18 work programme, with assigned project management resource.

4.   Financial impact

No additional budget is requested.

5.   Degree of significance and level of engagement

Re-phasing these budgets is of low significance as it is a change of timing to planned and approved expenditure, therefore no engagement is required.

6.   Inclusion of Māori in the decision making process

Maori have not been consulted on the specifics in this report.

7.   Delegations

Council has responsibility for matters related to the Trafalgar Centre, and has the power to make a decision on any matter within this area of responsibility.

 


 

Council

22 June 2017

 

 

REPORT R7812

Administrative Matters Report

     

 

1.       Purpose of Report

 

1.1      To report on a number of administrative matters in order to keep Council up to date.

2.       Delegations

2.1      This is a report for consideration by full Council.

 

 

3.       Recommendation

That the Council

Receives the report Administrative Matters Report (R7812) and its attachments (A1771527, A1743623, A1770348. A1645289, and A1721158); 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 (A1721158).

 

 

 

4.       Elected Members Travel and Training Expenditure

4.1      Council adopted a policy for elected members’ travel and training expenditure on 4 May 2017, resolving to take a whole of triennium based approach to budgeting for elected members travel and training.

4.2      To provide transparency and in line with good practice, it was also agreed that expenditure would be reported back to every alternate Council meeting.

4.3      Spending for individual member training up to 4 May 2017 has now been reallocated from the travel and training pool to individual member budgets in line with the approved budgets and criteria. 

4.4      Attachment 1 is a table showing expenditure for the period 16 October 2016 to 30 April 2017.  Attachment 2 is the agreed criteria for elected members’ travel and training.

5.       Meeting attendance

5.1      Elected members’ meeting attendance is recorded for purposes such as official information requests.

5.2      To provide transparency and in line with good practice this report includes a summary of meeting attendance on a quarterly basis. Providing the summary in this way also allows elected members an opportunity to ensure the record is correct.

5.3      Attachment 3 is a table showing meeting attendance from 28 February 2017 to 31 May 2017.

6.       Interests Register

6.1      At the start of the triennium all elected members were requested to declare their interests.

6.2      There is a standing item on each Council and committee meeting agenda asking for updates to the Interests Register and for elected members to identify any conflicts of interest in the agenda. The Interests Register is included as Attachment 4.

6.3      To provide transparency and in line with good practice this report includes the Elected Members’ Interests Register on a quarterly basis. This allows elected members an opportunity to ensure the Register is correct.

7.       Leaves of Absence

7.1      No application for leave of absence at 15 June 2017.

8.       Schedule of Documents Sealed

8.1      Attachment 5 is the Schedule of Documents Sealed.

9.       Other Matters

Institute of Directors Membership

9.1      On 4 May 2017, Council considered elected member travel and training budget and criteria. As part of that discussion, it was queried whether group membership for the Institute of Directors could be obtained.

9.2      Institute of Directors annual membership fees are $485 per person or $280 for members under 40 (all prices include GST). Elected members can join as Associates or Members. The fees are the same for both but there is criteria to meet for the membership category. More information about the various membership categories is available on the Institute of Directors website www.iod.org.nz/Membership/Membership-categories.

9.3      Institute of Directors has provided the following options:

9.3.1   Joining fee waived ($150 for full membership, or $75 for those under 40) if six or more elected members join.

9.3.2   ‘BoardWide’ membership is available but only if every elected member joined. The joining fee is waived and there is a 20% discount on membership fees for every member (e.g. $388 instead of $485) as well as a range of other benefits.  Full details on Boardwide membership are available on the Institute of Directors website.

9.4      If Council considered it worthwhile to proceed with one of the above options, arrangements will be made through the Office of the Mayor. The budget for membership would be drawn from the Travel and Training funding pool.

 

 

Linda Canton

Administration Adviser

Attachments

Attachment 1:  A1771527 - Elected Members Travel and Training Expenditure 16Oct16-30Apr17

Attachment 2:  A1743623 - Elected Members Travel and Training Budget Criteria 2016-2019

Attachment 3:  A1770348 – Elected Members Meeting Attendance (28 Febuary-31 May 2017)

Attachment 4:  A1645289 - Members' Interests Register at 11 May 2017

Attachment 5:  A1721158 - Schedule of Documents Sealed - 16 February 2017 to 30 May 2017

 

 



 


 



 




 


 


 


 


 


 



 


 


 


 


 


 


 

  


 

Minutes of a meeting of the Works and Infrastructure Committee

Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson

On Thursday 18 May 2017, commencing at 9.00am

 

Present:              Councillor P Matheson (Chairperson), Councillors L Acland, B Dahlberg, M Lawrey, G Noonan and S Walker (Deputy Chairperson)

In Attendance:   Councillors I Barker and B McGurk, Chief Executive (C Hadley), Manager Roading and Utilities (P Anderson), Manager Capital Projects (S Davies), Manager Communications (P Shattock), Administration Adviser (S Burgess) and Nelson Youth Councillors (L Ly and F Sawyer)

Apologies:           Her Worship the Mayor and Councillor Tim Skinner

 

 

1.       Apologies

Resolved WI/2017/021

That the Committee

Receives and accepts the apologies from Her Worship the Mayor and Councillor Skinner.

Matheson/Walker                                                                       Carried

 

2.       Confirmation of Order of Business

The Chairperson advised that item 8 on the agenda, Maitai to Rocks Road Cycle Path – Approval of Route, would be taken after item 6, the Status 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      John Gilbertson and Chris Allison

Mr Gilbertson spoke on behalf of the Tahunanui Business Association regarding the Tahunanui Cycle Network report on the agenda. He suggested that the Committee defer consideration of the project at this stage and instead spend more time developing options and working with the community to determine an ideal route. Mr Gilbertson said the proposed route did not meet the needs of the Tahunanui community, and he supported the original route proposed by Opus.

Mr Allison spoke about cycle tourism, and also raised concerns that the proposed cycle route was not the best option for the Tahunanui community.

Mr Gilbertson and Mr Allison responded to questions from councillors.

5.       Confirmation of Minutes

5.1      30 March 2017

Document number M2465, agenda pages 8 - 12 refer.

Resolved WI/2017/022

That the Committee

Confirms the minutes of the meeting of the Works and Infrastructure Committee, held on 30 March 2017, as a true and correct record.

Matheson/Walker                                                                       Carried

 

6.       Status Report - Works and Infrastructure Committee - 18 May 2017

Document number R7687, agenda pages 13 - 14 refer.

Resolved WI/2017/023

That the Committee

Receives the Status Report Works and Infrastructure Committee 18 May 2017 (R7687) and its attachment (A1150321).

Walker/Dahlberg                                                                        Carried

       

 

7.       Maitai To Rocks Road Cycle Path - Approval of Route

Document number R6844, agenda pages 69 - 101 refer.

Team Leader Engineer, David Light, and Senior Asset Engineer – Transport and Roading, Paul D’Evereux, presented the report and gave a PowerPoint presentation (A1761825).

Mr Light, Mr D’Evereux and Manager Capital Projects, Shane Davies, responded to questions.

Resolved WI/2017/024

That the Committee

Receives the report Maitai To Rocks Road Cycle Path - Approval of Route (R6844), and its attachments (A1713781,  A1724341, A1721138, A1721185); and

Approves progression through to detailed design and construction of Option 2 as detailed in report R6844 – a Seaward Shared Path and Improved On-Road Commuter Cycle Lanes; and

Supports the project be funded entirely by Central Government’s Urban Cycleway Fund, subject to NZTA agreement; and

Notes that NZTA will be seeking internal approval to lead the project delivery of the approved option 2, noting the requirement for Nelson City Council officers to still be involved.

Lawrey/Acland                                                                            Carried

Recommendation to Council WI/2017/025

That the Council

Approves removal of the $1,579,785 funding and $1,053,190 income line for this project from the 2017/18 Annual Plan, subject to NZTA internal approval for funding and leading project delivery.

Matheson/Dahlberg                                                                    Carried

 

Attachments

1    A1761825 - Maitai to Rocks Road Cycle Path Presentation 

8.       Tahunanui Cycle Network

Document number R6843, agenda pages 15 - 68 refer.

Team Leader Engineer, David Light, and Senior Asset Engineer – Transport and Roading, Paul D’Evereux, presented the report and gave a PowerPoint presentation (A1761824).

Mr Light, Mr D’Evereux and Manager Capital Projects, Shane Davies, responded to questions.

Councillor Acland, seconded by Councillor Matheson, moved the recommendation in the officer report.

Councillor Noonan, seconded by Councillor Dahlberg, moved a procedural motion:

That the Committee

Leaves the Tahunanui Cycle Network report to lie on the table until the next meeting of the Works and Infrastructure Committee.

Mr Davies, and Chief Executive, Clare Hadley, explained the impacts on Council’s work programme if the decision was delayed a further six weeks.

Upon clarification that the procedural motion could not be discussed as per Standing Order 3.12.3, Councillor Dahlberg withdrew as seconder and the procedural motion lapsed.

The meeting returned to the motion on the table.

Councillors spoke for and against the motion, with mixed views expressed regarding community feedback, route desirability, use of the Urban Cycling Fund, and the future of the cycling network in Tahunanui.

The motion was put, and on a show of hands, the motion was lost.

Attachments

1    A1761824 - Tahunanui Cycle Network Presentation 

 

9.       Capital Expenditure Programme 2016-17 Quarter 3 Progress Report

Document number R6963, agenda pages 102 - 108 refer.

Manager Capital Projects, Shane Davies, presented the report.

Resolved WI/2017/027

That the Committee

Receives the report Capital Expenditure Programme 2016-17 Quarter 3 Progress Report (R6963).

Walker/Dahlberg                                                                        Carried

 

Recommendation to Council WI/2017/028

That the Council

Approves, with respect to project 1098 Walkway Lighting programme, that the project be removed from the 2016-17 work programme, noting that $46,175 will not be spent in the current financial year; and

Approves, with respect to project 1187 Neale Park sewer pump station upgrade, that $1,000,000 of 2016-17 budget be transferred to 2017-18 budget to align with the scheduled construction programme; and

Approves, with respect to project 1100 York Stream Channel upgrade, that $865,055 of 2016-17 budget be transferred to 2017-18 and that $305,195 additional budget be allocated to 2017-18 ; and

Approves, with respect to completed projects, that $799,117 from 2016-17 budgets is released as savings; and

Approves, with respect to projects continuing into 2017-18, that $3,045,121 of 2016-17 budget be transferred to the respective project budgets for 2017-18; and

Approves, with respect to completed stormwater projects, that $419,805 of 2016-17  budget savings be transferred to project 1100 York Stream Culvert upgrade 2017-18 budget.

Walker/Dahlberg                                                                        Carried

        

 

 

 

 

10.     Exclusion of the Public

Resolved WI/2017/029

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/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)

1

Works and Infrastructure Committee Meeting - Public Excluded Minutes -  30 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).

2

Status Report -Public Excluded - Works and Infrastructure Committee - 18 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)(i)

     To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

3

Nelson City Roading Maintenance Contract 2017-2020 EC3855 - Tender Approval

 

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7

The withholding of the information is necessary:

·   Section 7(2)(b)(ii)

     To protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information

4

Low Street road stopping - further update on process

 

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)

Attendance: Councillors Noonan and Dahlberg left the meeting at 10.30am.

The meeting went into public excluded session at 10.30am and resumed in public session at 10.48am, during which time Councillors Noonan and Dahlberg returned to the meeting.

11.     Re-admittance of the Public

Resolved WI/2017/030

That the Committee

Re-admits the public to the meeting.

Matheson/Acland                                                                        Carried

 

 

There being no further business the meeting ended at 10.48am.

 

Confirmed as a correct record of proceedings:

 

 

 

                                                       Chairperson                                     Date

              

 


 

Minutes of a meeting of the Audit, Risk and Finance Subcommittee

Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson

On Thursday 18 May 2017, commencing at 1.03pm

 

Present:              Mr J Peters (Chairperson), Her Worship the Mayor R Reese, Councillor I Barker and Councillor B Dahlberg

In Attendance:   Councillor G Noonan, Chief Executive (C Hadley), Group Manager Community Services (C Ward), Group Manager Corporate Services (N Harrison), Senior Strategic Adviser (N McDonald), Manager Capital Projects (S Davies), Senior Accountant (T Hughes) and Administration Adviser (S Burgess)

Apology:             Mr John Murray

 

 

1.       Apologies

Resolved AUD/2017/001

That the Subcommittee

Receives and accepts the apology from Mr John Murray.

Barker/Her Worship the Mayor                                                    Carried

 

2.       Confirmation of Order of Business

The Chairperson advised that the report Audit NZ – audit arrangement and engagement letters, would be considered after 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.       Status Report - Audit Risk and Finance Subcommittee - 18 May 2017

Document number R7639, agenda pages 7 - 9 refer.

The Subcommittee directed that a Subcommittee briefing on social enterprise principles was appropriate, and a workshop was no longer required.

The Subcommittee noted that the Chair of the Governance Committee and Mr John Peters would proceed to develop the scope for the tendering processes report.

Resolved AUD/2017/002

That the Subcommittee

Receives the Status Report Audit, Risk and Finance Subcommittee 18 May 2017 (R7639) and its attachment (A1753947).

Barker/Dahlberg                                                                         Carried

6.       Chairperson's Report

Document number R7716, agenda pages 10 - 11 refer.

The Chairperson presented his report.

Resolved AUD/2017/003

That the Subcommittee

Receives the report Chairperson's Report (R7716).

Peters/Barker                                                                             Carried

7.       Audit NZ - audit arrangement and engagement letters

Document number R7513, agenda pages 91 - 129 refer.

Bede Kearney and Jacques Coetzee of Audit New Zealand joined the meeting. Mr Kearney presented the report and responded to questions.

Resolved AUD/2017/004

That the Subcommittee

Receives the report Audit NZ - audit arrangement and engagement letters (R7513); and attachments A1749598, A1749594 and A1752596; and

Notes the Subcommittee can provide feedback on the Audit Arrangement, Audit Engagement and Audit Proposal letters to Audit NZ if required, noting the Mayor will sign the letters once the Subcommittee’s feedback has been incorporated.

Dahlberg/Barker                                                                         Carried

 

8.       Corporate Report to 31 March 2017

Document number R6998, agenda pages 12 - 24 refer.

Manager Capital Projects, Shane Davies, and Senior Accountant, Tracey Hughes, presented the report. Ms Hughes provided updated information on debtors three months overdue.

Mr Davies, Ms Hughes, and Group Manager Corporate Services, Nikki Harrison, responded to questions.

Resolved AUD/2017/005

That the Subcommittee

Receives the report Corporate Report to 31 March 2017 (R6998) and its attachments (A1750159 and A1753951).

Barker/Dahlberg                                                                         Carried

 

9.       Health and Safety: Quarterly Report

Document number R7023, agenda pages 25 - 35 refer.

Manager Organisational Assurance and Emergency Management, Roger Ball, and Health and Safety Adviser, Malcolm Hughes, presented the report and responded to questions.

The Chairperson asked that officers look into whether any lessons could be learned from the recently released Havelock water report. He also requested detail of Council’s current precautions against malware.

Resolved AUD/2017/006

That the Subcommittee

Receives the report Health and Safety: Quarterly Report (R7023) and its attachment (A1753457).

Her Worship the Mayor/Barker                                                    Carried

Recommendation to Council AUD/2017/007

That the Council

Notes the report Health and Safety Quarterly Report (R7023) and its attachment (A1753457); and

Confirms the assessment of critical health and safety risks contained in the attachment (A1753457). 

Her Worship the Mayor/Barker                                                    Carried

 

10.     Internal Audit Quarterly Report to 31 March 2017

Document number R7569, agenda pages 36 - 46 refer.

Internal Audit Analyst, Lynn Anderson, presented the report and responded to questions.

Resolved AUD/2017/008

That the Subcommittee

Receives the report Internal Audit Quarterly Report to 31 March 2017 (R7569); and its attachment (A1747023).

Her Worship the Mayor/Barker                                                    Carried

Recommendation to Council AUD/2017/009

That the Council

Notes the report Internal Audit Quarterly Report (R7569) and its attachment (A1747023).

Her Worship the Mayor/Barker                                                    Carried

 

11.     Service Delivery Review Quarterly Progress Update - May 2017

Document number R6910, agenda pages 47 - 90 refer.

Policy Adviser, Gabrielle Thorpe, and Interim Manager Building, Chris Wood, presented the report and responded to questions.

 

Resolved AUD/2017/010

That the Subcommittee

Receives the report Service Delivery Review Quarterly Progress Update - May 2017 (R6910) and its attachments (A1737008, A1732393, A1731928, A1731591,  A1736351, A1642437, A1736093, A1732264 and A1753361); and

Notes the update on progress with the programme of s17A reviews.

Dahlberg/Barker                                                                         Carried

 

12.     Tax Risk Governance Framework

Document number R7599, agenda pages 130 - 139 refer.

Senior Accountant, Tracey Hughes, presented the report and responded to questions.

Resolved AUD/2017/011

That the Subcommittee

Receives the report Tax Risk Governance Framework (R7599) and its attachment (A1750676).

Notes that a tax risk management strategy will be presented to a future meeting of this Subcommittee, and annual reporting against this framework will occur annually after the end of the tax year (31 March).

Dahlberg/Barker                                                                         Carried

Recommendation to Council AUD/2017/012

That the Council

Adopts the Tax Risk Governance Framework (A1750676) with immediate effect.

Dahlberg/Barker                                                                         Carried

 

 

There being no further business the meeting ended at 3.06pm.

 

Confirmed as a correct record of proceedings:

 

 

 

                                                       Chairperson                                     Date


 

Minutes of a meeting of the Planning and Regulatory Committee

Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson

On Thursday 25 May 2017, commencing at 9.01am

 

Present:              Councillor B McGurk (Chairperson), Her Worship the Mayor R Reese (Chairperson), Councillors L Acland, I Barker, B Dahlberg, K Fulton, S Walker and Ms G Paine

In Attendance:   Councillor P Matheson, Group Manager Strategy and Environment (C Barton), Senior Strategic Adviser (N McDonald), Administration Adviser (S Burgess) and Nelson Youth Councillors (E Rais and C Hagan)

 

 

1.       Apologies

There were no apologies.

2.       Confirmation of Order of Business

The Chairperson advised that item 12, Small-Scale Management Programme for Mediterranean fanworm, would be considered after the morning tea break.

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      Kerry Neal

Mr Neal provided a handout (A1764488) and spoke about consultation on natural hazards, changes to property titles, tsunami flooding solutions, financing flood protection and the risk of certain building constructions failing in an earthquake.

Attachments

1    A1764488 - Kerry Neal Handout

5.       Confirmation of Minutes

5.1      13 April 2017

Document number M2503, agenda pages 8 - 11 refer.

Resolved PR/2017/019

That the Committee

Confirms the minutes of the meeting of the Planning and Regulatory Committee, held on 13 April 2017, as a true and correct record.

Barker/Acland                                                                             Carried

 

6.       Status Report - Planning and Regulatory Committee 25 May 2017

Document number R7689, agenda pages 12 - 15 refer.

Resolved PR/2017/021

That the Committee

Receives the Status Report Planning and Regulatory Committee 25 May 2017 (R7689) and its attachment (A1736802).

Barker/Walker                                                                            Carried

 

7.       Chairperson's Report      

The Chairperson advised he would be attending the Local Government New Zealand Freshwater Symposium along with several officers and other elected members.

8.       Timing of the Navigation Safety Bylaw review

Document number R7331, agenda pages 16 - 20 refer.

Manager Consents and Compliance, Mandy Bishop, presented the report and responded to questions.

Resolved PR/2017/022

That the Committee

Receives the report Timing of the Navigation Safety Bylaw review (R7331); and

Decides to commence the review of Navigation Safety Bylaw 218, noting it will be completed by 1 December 2019.

Paine/Acland                                                                              Carried

 

9.       Speed Limit Bylaw Amendment - Main Road Stoke 

Document number R7710, agenda pages 21 - 24 refer.

Asset Engineer Transport, Kayleen Goldthorpe, presented the report.

Resolved PR/2017/023

That the Committee

Receives the report Speed Limit Bylaw Amendment - Main Road Stoke   (R7710); and its attachment (A1758273): and

Approves amendments detailed in report R7710 to the following schedules of the Bylaw No 210, Speed Limits (2011):

-  Schedule I: 80km/h

-  Schedule G: 60km/h

- Schedule A: Urban Traffic Areas Map 6.

Barker/Walker                                                                            Carried

10.     Strategy and Environment Report for 1 January - 31 March 2017

Document number R7433, agenda pages 25 - 40 refer.

Manager Consents and Compliance, Mandy Bishop, Manager Planning, Matt Heale, Manager Building, Chris Wood, Interim Environmental Programmes Manager, Jo Martin, and Environmental Programmes Adviser, Richard Frizzell, presented the report and responded to questions.

Resolved PR/2017/024

That the Committee

Receives the report Strategy and Environment Report for 1 January - 31 March 2017 (R7433) and its attachment (A1737726).

Fulton/Walker                                                                             Carried

Recommendation to Council PR/2017/025

That the Council

Approves that the following amounts in the Nelson Nature budget are being carried forward to the 2017/18 Financial Year:

-        $60,000 for Dun Mountain wilding conifer control

-        $20,000 for the Department of Conservation animal and plant pest advisor

-        $10,000 for the Taiwan Cherry feasibility study.

Fulton/Walker                                                                             Carried

11.     Marine Biosecurity

Document number R7408, agenda pages 41 - 87 refer.

Peter Lawless, Facilitator for Top of the South Marine Biosecurity Partnership, and Environmental Programmes Adviser, Richard Frizzell, presented the report and responded to questions.

Resolved PR/2017/026

That the Committee

Receives and notes the report Marine Biosecurity (R7408) and its attachment (A1735275).

Paine/Dahlberg                                                                           Carried

 

12.     Options for Extending Smokefree Policy

Document number R7725, agenda pages 121 - 131 refer.

Senior Strategic Adviser, Nicky McDonald, presented the report. She advised that officers proposed a change to the recommendation to refer to ‘Council-run’ events instead of ‘Council-funded’ events as this was more appropriate.

Resolved PR/2017/027

That the Committee

Receives the report Options for Extending Smokefree Policy (R7725) and its attachment (A1741198).

Her Worship the Mayor/Fulton                                                    Carried

Recommendation to Council PR/2017/028

That the Council

Approves extending its smokefree policy to include Council-run events, and working with partners to promote a smokefree message; and

Approves an allocation of $3,500 unbudgeted operational funding in 2017/18 to the New Zealand Cancer Society Nelson Centre in support of a trial of smokefree outdoor dining in the city centre.

Her Worship the Mayor/Fulton                                                    Carried

Attendance: The meeting adjourned for morning tea from 10.27am to 10.41am, during which time Councillor Dahlberg, Glenice Paine and Her Worship the Mayor left the meeting.

13.     Small-Scale Management Programme for Mediterranean fanworm

Document number R7409, agenda pages 88 - 120 refer.

Peter Lawless, Facilitator for Top of the South Marine Biosecurity Partnership, Environmental Programmes Adviser, Richard Frizzell, and Tasman District Council Coordinator – Biosecurity and Biodiversity, Paul Sheldon, presented the report and responded to questions.

Attendance: Councillor Dahlberg returned to the meeting at 10.42am, Glenice Paine returned to the meeting at 10.43am.

Resolved PR/2017/029

That the Committee

Receives the report Small-Scale Management Programme for Mediterranean fanworm (R7409) and its attachment (A1753714); and

Approves the notification of a Small-Scale Management Programme for Mediterranean fanworm (Sabella spallanzanii) within the entire coastal area of Nelson City and coming into force on 1 July 2017.

Dahlberg/Fulton                                                                         Carried

 

 

Recommendation to Council PR/2017/030

That the Council

Approves $36,000 per year for a three year period, commencing 2017/18 to fund the operational implementation of a Small-Scale Management Programme for Sabella.

Dahlberg/Fulton                                                                         Carried

 

 

There being no further business the meeting ended at 11.00am.

 

Confirmed as a correct record of proceedings:

 

 

 

                                                       Chairperson                                     Date


 

Minutes of a meeting of the Chief Executive Employment Committee

Held in Ruma Ana, Civic House, 110 Trafalgar Street, Nelson

On Tuesday 16 May 2017, commencing at 2.05pm

 

Present:              Her Worship the Mayor R Reese (Chairperson), Councillors L Acland, B Dahlberg and P Matheson (Deputy Mayor)

In Attendance:   Councillors B McGurk and S Walker,  Manager People and Capability (S Vincent), Team Leader Administration Advisers (R Byrne) and External Adviser (P Bell)

 

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 with items on the agenda were declared.

4.       Public Forum 

There was no public forum.

5.       Confirmation of Minutes

5.1      28 February 2017

Document number M2368, agenda pages 7 - 13 refer.

 

 

 

Resolved CEE/2017/022

That the Chief Executive Employment Committee

Confirms the minutes of the meeting of the Chief Executive Employment Committee, held on 28 February 2017, as a true and correct record.

Her Worship the Mayor/Acland                                                    Carried

5.2      21 April 2017 - Extraordinary Meeting

Document number M2516, agenda pages 14 - 16 refer.

Resolved CEE/2017/023

That the Chief Executive Employment Committee

Confirms the minutes of the extraordinary meeting of the Chief Executive Employment Committee, held on 21 April 2017, as a true and correct record.

Her Worship the Mayor/Dahlberg                                                Carried

              

 

6.       Exclusion of the Public

Her Worship the Mayor explained that Paul Bell, of Intepeople, would be in attendance for items on the Public Excluded agenda to answer questions and, accordingly, the following resolution was required to be passed:

 

Resolved CEE/2017/024

 

That the Committee

 

Confirms, in accordance with section 48(5) of the Local Government Official Information and Meetings Act 1987, that Paul Bell remain after the public has been excluded, for the Public Excluded agenda, as he has knowledge that will assist the Committee;

 

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.

 

 

 

Her Worship the Mayor/Dahlberg                                                Carried

 

Resolved CEE/2017/025

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:  

Her Worship the Mayor/Dahlberg                                                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

Chief Executive Employment Committee Meeting - Public Excluded Minutes -  28 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.

·    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.

2

Extraordinary Chief Executive Employment Committee Meeting - Public Excluded Minutes -  21 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)(a)

     To protect the privacy of natural persons, including that of a deceased person.

3

People Metrics for quarter ending 31 March 2017 and Chief Executive's Safe Work Observations

 

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)(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

4

Chief Executive's Performance Report - Third Quarter Update

 

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 2.12pm and resumed in public session at 2.41pm. 

 

7.       Re-admittance of the Public

Resolved CEE/2017/026

That the Committee

Re-admits the public to the meeting.

 

Her Worship the Mayor/Dahlberg                                                Carried

 

 

There being no further business the meeting ended at 2.41 pm.

 

Confirmed as a correct record of proceedings:

 

 

 

                                                       Chairperson                                     Date

         

 

 

 

 

 

 

 

 

 

 

 

 

                                                                           


 

Minutes of a meeting of the Sports and Recreation Committee

Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson

On Tuesday 30 May 2017, commencing at 9.04am

 

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), Manager Communications (P Shattock), Administration Adviser (E-J Ruthven) and Youth Councillor (J Ripley)

Apology:             Councillor B McGurk

 

 

1.       Apologies

Resolved SPO/2017/048

That the Committee

Receives and accepts an apology from Councillor McGurk.

Fulton/Walker                                                                             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      4 April 2017

Document number M2475, agenda pages 7 - 12 refer.

Resolved SPO/2017/049

That the Committee

Confirms the minutes of the meeting of the Sports and Recreation Committee, held on 4 April 2017, as a true and correct record.

Courtney/Barker                                                                         Carried

5.2      9 May 2017

Document number M2566, agenda pages 13 - 16 refer.

Resolved SPO/2017/050

That the Committee

Confirms the minutes of the meeting of the Sports and Recreation Committee, held on 9 May 2017, as a true and correct record.

Barker/Courtney                                                                         Carried

6.       Status Report - Sports and Recreation - 30 May 2017

Document number R7762, agenda pages 17 - 19 refer.

Resolved SPO/2017/051

That the Committee

Receives the Status Report Sports and Recreation Committee 30 May 2017 (R7762) and its attachment (A1664423).

Walker/Rutledge                                                                         Carried

7.       Chairperson's Report        


The Chairperson drew the Committee’s attention to the upcoming Founder’s Book Fair.