Agenda of Council - 10 August 2017

AGENDA

Ordinary meeting of the

Nelson City Council

Thursday 10 August 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-wide Nelson City Council

10 August 2017

Page No.

Opening Prayer

1. Apologies

Nil

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 Extraordinary Meeting - 14 June 2017 18 - 21

Document number M2677

Recommendation

That the Council

Confirms the minutes of the extraordinary meeting of the Council, held on 14 June 2017, as a true and correct record.

5.2 22 June 2017 22 - 50

Document number M2698

Recommendation

That the Council

Confirms the minutes of the meeting of the Council, held on 22 June 2017, as a true and correct record.

6. Status Report - Council - 10 August 2017 51 - 59

Document number R8135

Recommendation

That the Council

Receives the Status Report Council 10 August 2017 (R8135) and its attachment (A1168168).

7. Mayor's Report 60 - 67

Document number R8104

Recommendation

That the Council

Receives the Mayor's Report (R8104) and its attachment (A1808047); and

Amends the membership of the Chief Executive Recruitment Group by substituting Councillor Courtney for Councillor Acland.

8. Upper Trafalgar Street - Summer Closure 68 - 74

Document number R7764

Recommendation

That the Council

Receives the report Upper Trafalgar Street - Summer Closure (R7764); and

Approves informal consultation with stakeholders on the proposed temporary closure of the section of Trafalgar Street between Selwyn Place and Hardy Street (Upper Trafalgar Street) to traffic from 1 December 2017 to 31 March 2018; and

Notes that following informal consultation with stakeholders on the proposal to temporarily close Upper Trafalgar Street, a further report will be presented to the Council for a decision on the temporary closure.

9. Whakamahere Whakatu Nelson Plan - Designations 75 - 102

Document number R7355

Recommendation

That the Council

Receives the report Nelson Plan – Designations (R7355) and its attachments (A1774347, A1774346, A1774349, and A1774348); and

Approves retaining the existing designations with or without modification to text and mapping, as detailed in Table 1 of report R7355 for inclusion in the proposed Whakamahere Whakatu Nelson Plan and subject to that process; and

Approves removing the designations as detailed in Table 2 of Report R7355.

10. 40 Frenchay Drive Easement for Purposes of Electricity Supply - Amendment to previous Resolution of 8 September 2016 103 - 108

Document number R8143

Recommendation

That the Council

Receives the report 40 Frenchay Drive Easement for Purposes of Electricity Supply - Amendment to previous Resolution of 8 September 2016 (R8143) and its attachment (A1803572); and

Grants the amendment to now grant the easement in gross, meaning granting the easement to Network Tasman Limited rather than to the property, in favour of Network Tasman Limited over the area shown on the plan marked “A” (Attached One, A1803572) over Lot 31 DP 487620, adjoining the boundary with Lot 29 DP 487620 with all costs associated with the easement to be met by The Hammock Hill Trust as owner of 40 Frenchay Drive; and

Confirms the easement be agreed to under section 48(1)(d) of the Reserves Act 1977, acting pursuant to a delegation from the Minister of Conservation.

11. Elected Members' Code of Conduct 109 - 149

Document number R7755

Recommendation

That the Council

Receives the report Elected Members' Code of Conduct (R7755) and its attachments (A1745031, A1808134 and A1808138); and

Adopts the Nelson City Council Code of Conduct (A1745031).

12. Notice of Motion - Tahunanui Cycle Network 150 - 152

Document number R8062

Recommendation

That the Council

Receives the report Notice of Motion - Tahunanui Cycle Network (R8062).

Note: A copy of the Notice of Motion is available on the elected members Teamsite. Copies are also available on request from an Administration Adviser.

13. Tahunanui Cycle Network 153 - 161

Document number R8007

Recommendation

That the Council

Receives the report Tahunanui Cycle Network (R8007) and its attachment (A1795358); and

Approves the alternate delivery model as detailed in report R8007 as a mechanism that could successfully deliver the Tahunanui Cycle Network project; and

Approves the composition of an Advisory Group to include the Chair of the Works and Infrastructure Committee, Councillor _______, a representative of Bicycle Nelson Bays, a representative of NZTA and officers, to move this project forward; and

Approves the Draft Terms of Reference for the Tahunanui Cycling Advisory Group (Attachment one, A1795358); and

Approves the allocation of $80,000 in the current financial year (2017/18) to allow work to proceed to enable a preferred option to be presented to the Works and Infrastructure Committee; and

Agrees that a final option for implementation will be presented to a future Works and Infrastructure Committee for approval in March 2018.

14. Risk Management Policy and Risk Criteria - Recommendation from Audit Risk and Finance Sub-Committee 162 - 173

Document number R8091

Recommendation

That the Council

Receives the report Risk Management Policy and Risk Criteria - Recommendation from Audit Risk and Finance Sub-Committee and its Attachments (A1553263 and A1545157).

Reports From Committees

15. Regional Pest Management Joint Committee - 26 April 2017 174 - 176

Document number R8191

Recommendation

That the Council

Receives the unconfirmed minutes of a meeting of the Regional Pest Management Joint Committee, held on 26 April 2017.

16. Nelson Tasman Regional Landfill Business Unit - 15 June 2017 177 - 180

Document number R8130

Recommendation

That the Council

Receives the unconfirmed minutes of a meeting of the Nelson Tasman Regional Landfill Business Unit, held on 15 June 2017.

17. Nelson Regional Sewerage Business Unit - 10 March 2017 181 - 184

Document number M2405

Recommendation

That the Council

Receives the unconfirmed minutes of a meeting of the Nelson Regional Sewerage Business Unit, held on 10 March 2017.

18. Regional Transport Committee - 19 June 2017 185 - 186

Document number M2693

Recommendation

That the Council

Receives the unconfirmed minutes of a meeting of the Regional Transport Committee, held on 19 June 2017.

19. Hearings Panel - Other - 20 June 2017 187 - 188

Document number M2700

Recommendation

That the Council

Receives the unconfirmed minutes of a meeting of the Hearings Panel - Other, held on 20 June 2017.

20. Audit, Risk and Finance Subcommittee - 27 June 2017 189 - 198

Document number M2711

Recommendation

That the Council

Receives the unconfirmed minutes of a meeting of the Audit, Risk and Finance Subcommittee, held on 27 June 2017.

20.1 Liability Management Policy review

Recommendation to Council

That the Council

Adopts the amended Liability Management Policy (A1765543).

20.2 Carry Forwards (Interim) 2016/17

Recommendation to Council

That the Council

Approves continuing work on 2016/17 projects within the 2016/17 approved budgets, noting a final report on carry forwards will come to the Audit, Risk and Finance subcommittee on 8 September 2017.

20.3 Council Risk Management Policy and Risk Criteria

Recommendation to Council

That the Council

Approves the Risk Management Policy (A1553263) as amended by the Chairperson of the Audit, Risk and Finance Subcommittee and the Risk & Procurement Analyst to include clarification of escalation of continued tolerance (table 3 of the Policy) and the role of governance in the areas of responsibility (clause 6 of the Policy), and adopts the Council Risk Criteria (A1545157).

20.4 Internal Audit - Annual Audit Plan to 30 June 2018

Recommendation to Council

That the Council

Approves the Internal Audit – Annual Audit Plan to 30 June 2018 (A1748975).

20.5 Health and Safety Governance Charter review

Recommendation to Council

That the Council

Approves the revised Health and Safety Governance Charter (A1767136).

21. Commercial Subcommittee - 27 June 2017 199 - 205

Document number M2715

Recommendation

That the Council

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

21.1 Forestry Update report - June 2017

Recommendation to Council

That the Council

Confirms that block BROOK-22.02 be harvested if economically feasible.

21.2 Capital Expenditure Programme 2016-17 - Requests for change

Recommendation to Council

That the Council

Approves, with respect to project 2570 Smart Building Improvements, that $48,000 of current year budget be transferred to 2017-18; and

Approves, with respect to project 1198 Civic House capital programme, that $326,000 of current year budget be transferred to 2017-18.

22. Works and Infrastructure Committee - 29 June 2017 206 - 210

Document number M2727

Recommendation

That the Council

Receives the unconfirmed minutes of a meeting of the Works and Infrastructure Committee, held on 29 June 2017.

23. Sports and Recreation Committee - 4 July 2017 211 - 219

Document number M2733

Recommendation

That the Council

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

23.1 Reserve Management Plan for Sportsground Reserves - Classification of Land

Recommendation to Council

That the Council

Classifies Ngawhatu Sportsfield (being titles NL13A/170, 24172 and 24173) under s16(2A)(g) of the Reserves Act 1977 as Recreation Reserve under s17 of that Act; and

Classifies Victory Square (being title NL2D/352) under s16(1) of the Reserves Act 1977 as Recreation Reserve under s17 of that Act by notice in the Gazette; and

Classifies part of Botanics Sportsfield (being title NL127/106) under s16(1) of the Reserves Act 1977 as Recreation Reserve under s17 of that Act by notice in the Gazette; and

Determines that, under s16(5) of the Reserves Act 1977, public notice seeking feedback on the proposed classifications of Victory Square, Botanics Sportsfield and Greenmeadows is not necessary as the classifications proposed are substantially the same as the purpose for which the reserves were held and administered immediately before the commencement of the Reserves Act 1977; and

Delegates the Chair of the Sports and Recreation Committee to approve the survey plan for the proposed classification for Greenmeadows; and

Delegates the Chief Executive to take the steps necessary to prepare and place notices in the Gazette in order to classify Botanics Sportsfield (being title NL127/106), Victory Square (being title NL2D/352) and Greenmeadows (being title NL114/188) and to give notice of the resolution to classify Ngawhatu Sportsfield (being titles NL13A/170, 24172 and 24173) to the Commissioner at the Department of Conservation; and

Defers classification of Greenmeadows (being title NL114/188) under the Reserves Act 1977 until after the Stoke Urban Design Strategy is considered by Council.

23.2 Network Tasman Easement - Greenmeadows Reserve

Recommendation to Council

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 Plan “A” Attachment One (A1776981) of the Greenmeadows Reserve with all legal costs associated with the easement over Greenmeadows Reserve to be met by Nelson City Council as the property owner benefitted by the easement.

Confirms the easement be agreed under section 48(1) (d) of the Reserves Act 1977, acting pursuant to a delegation from the Minister of Conservation.

24. Community Services Committee - 13 July 2017 220 - 225

Document number M2753

Recommendation

That the Council

Receives the unconfirmed minutes of a meeting of the Community Services Committee, held on 13 July 2017.

24.1 Adoption of the Youth Strategy

Recommendation to Council

That the Council

Adopts the Youth Strategy (A1580206).

Note: A copy of the Youth Strategy is available on the elected members Teamsite. Copies are also available on request from an Administration Adviser.

25. Planning and Regulatory Committee - 27 July 2017 226 - 231

Document number M2772

Recommendation

That the Council

Receives the unconfirmed minutes of a meeting of the Planning and Regulatory Committee, held on 27 July 2017.

25.1 Draft Terms of Reference for the Co-ordination Group for the Waimea Inlet

Recommendation to Council

That the Council

Agrees to adopt the terms of reference (A1779297) for the Co-ordination Group for the Waimea Inlet with an amendment to add a revision clause; and

Appoints Councillor Dahlberg as Nelson City Council’s representative on the Co-ordination Group for the Waimea Inlet.

Note: A copy of the Terms of Reference is available on the elected members Teamsite. Copies are also available on request from an Administration Adviser.

25.2 Proposal for Top of the South Conservation Partnership: Memorandum of Understanding

Recommendation to Council

That the Council

Approves that Nelson City Council signs the Memorandum of Understanding (A1777693) between partners in the Kotahitanga mō te Taio Alliance; and that Her Worship the Mayor be delegated the authority to sign on Council’s behalf.

26. Governance Committee - 27 July 2017 232 - 236

Document number M2775

Recommendation

That the Council

Receives the unconfirmed minutes of a meeting of the Governance Committee, held on 27 July 2017.

26.1 Adoption of final Statements of Intent 2017/18: Nelson Regional Development Agency and Bishop Suter Trust

Recommendation to Council

That the Council

Approves the draft Statement of Intent of the Bishop Suter Trust (A1724813) as the Final Statement of Intent for the 2017/18 year; and

Approves the draft Statement of Intent of the Nelson Regional Development Agency (A1790437) as the Final Statement of Intent for the 2017/18 year.

Public Excluded Business

27. 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)
2	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.	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	Council Meeting - Public Excluded Minutes - 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).
4	Status Report - Council - Public Excluded - 10 August 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)
5	Appointment of Trustee - Tasman Regional Sports Trust (Sports Tasman)	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	Appointment of Trustee - Nelson Municipal Band Trust	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7	The withholding of the information is necessary: · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person
7	Audit, Risk and Finance Subcommittee Meeting - Public Excluded Minutes - 27 June 2017 These minutes contain recommendations to Council regarding: · Bad Debts for the Year ending 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.
8	Commercial Subcommittee Meeting - Public Excluded Minutes - 27 June 2017 These minutes contain no recommendations to Council	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7.	The withholding of the information is necessary: · Section 7(2)(h) To enable the local authority to carry out, without prejudice or disadvantage, commercial activities. · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).
10	Governance Committee Meeting - Public Excluded Minutes - 27 July 2017 These minutes contain recommendations to Council regarding: · Nelson Regional Development Agency – Board Appointment	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.

Item

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Particular interests protected (where applicable)

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.

The withholding of the information is necessary:

· Section 7(2)(a)

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

Council Meeting - Public Excluded Minutes - 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).

Status Report - Council - Public Excluded - 10 August 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)

· Section 7(2)(i)

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

Appointment of Trustee - Tasman Regional Sports Trust (Sports Tasman)

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

Appointment of Trustee - Nelson Municipal Band Trust

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

Audit, Risk and Finance Subcommittee Meeting - Public Excluded Minutes - 27 June 2017

These minutes contain recommendations to Council regarding:

· Bad Debts for the Year ending 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.

Commercial Subcommittee Meeting - Public Excluded Minutes - 27 June 2017

These minutes contain no recommendations to Council

Section 48(1)(a)

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

The withholding of the information is necessary:

· Section 7(2)(h)

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

· Section 7(2)(i)

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

Governance Committee Meeting - Public Excluded Minutes - 27 July 2017

These minutes contain recommendations to Council regarding:

· Nelson Regional Development Agency – Board Appointment

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.

28. Re-admittance of the public

Recommendation

That the Council

Re-admits the public to the meeting.

Note:

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

· Lunch will be provided. (delete as appropriate)

· Youth Councillors Linda Ly and Fynn Sawyer will be in attendance at this meeting. (delete as appropriate)

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 Meeting - Public Excluded Minutes - 13 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)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

Minutes of a meeting of the Nelson City Council

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

On Thursday 22 June 2017, commencing at 9.06am

Present: Her Worship the Mayor R Reese (Chairperson), Councillors I Barker, M Courtney, B Dahlberg, K Fulton, M Lawrey, P Matheson, B McGurk, G Noonan, T Skinner and S Walker

In Attendance: Chief Executive (C Hadley), Group Manager Infrastructure (A Louverdis), Group Manager Community Services (C Ward), Group Manager Corporate Services (N Harrison), Senior Strategic Adviser (N McDonald), Administration Manager (P Langley), Manager Communications (P Shattock), Team Leader Administration Advisers (R Byrne), Administration Adviser (J McDougall), Mr A Joseph, Kaumatua, Mr D Johnston, Ngati Kuia, Ms A Kenney, Ngati Koata, and Mr J Murray

Apologies: Councillors L Acland and M Rutledge

Opening Prayer

Councillor Fulton gave the opening prayer.

1. Apologies

Resolved CL/2017/232

That the Council

Receives and accepts the apologies from Councillors Acland and Rutledge.

Her Worship the Mayor/Matheson Carried

2. Confirmation of Order of Business

Her Worship the Mayor advised that there was a late item for the public excluded part of the meeting, and that the following resolution needed to be passed for the item to be considered:

2.1 Mayor’s Report – Commercial Negotiation

Resolved CL/2017/233

That the Council

Considers the public excluded item regarding Mayor’s Report – Commercial Negotiation at this meeting as a major item not on the agenda, pursuant to Section 46A(7)(a) of the Local Government Official Information and Meetings Act 1987, to enable a timely decision to be made.

Her Worship the Mayor/Matheson Carried

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 May 2017

Document number M2548, agenda pages 24 - 46 refer.

Resolved CL/2017/234

That the Council

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

Barker/Courtney Carried

5.2 10 May 2017

Document number M2568, agenda pages 46 - 65 refer.

Resolved CL/2017/235

That the Council

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

Her Worship the Mayor/Walker Carried

5.3 16 May 2017

Document number M2583, agenda pages 66 - 69 refer.

Resolved CL/2017/236

That the Council

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

Barker/Noonan Carried

5.1 23 May 2017

Document number M2609, agenda pages 70 - 91 refer.

Resolved CL/2017/237

That the Council

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

Skinner/Walker Carried

5.2 8 June 2017

Document number M2651, agenda pages 92 - 106 refer.

Resolved CL/2017/238

That the Council

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

Matheson/Courtney Carried

6. Status Report - Council - 22 June 2017

Document number R7909, agenda pages 107 - 117 refer.

Group Manager, Alec Louverdis and Senior Strategic Advisor, Nicky McDonald answered questions regarding items on the Status Report.

Resolved CL/2017/239

That the Council

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

Noonan/Walker Carried

7. Mayor's Report

Document number R7596, agenda pages 118 - 128 refer.

Her Worship the Mayor presented the report. She requested feedback from elected members on the remits to the Local Government New Zealand Conference.

Resolved CL/2017/240

That the Council

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

Her Worship the Mayor/Dahlberg Carried

7.1 Conduct Review Panel

Resolved CL/2017/241

That the Council

Appoints Her Worship the Mayor, Councillors Dahlberg and McGurk to the Conduct Review Panel; and

Appoints Councillors Fulton, Courtney and Lawrey to replace any member on the Conduct Review Panel in the event of a conflict of interest or unavailability of a member.

Her Worship the Mayor/Noonan Carried

8. Adoption of the Annual Plan 2017/18

Document number R7796, agenda pages 129 - 143 refer.

Group Manager Corporate Services, Nikki Harrison and Senior Strategic Adviser, Nicky McDonald presented the report item and noted minor amendments to the officers’ recommendations.

Ms McDonald tabled replacement pages 72 – 74 (A1777629) and explained that the layout of the items had been improved.

Resolved CL/2017/242

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

(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 6 July 2017 to any balance from a previous rating year (including penalties previously charged) remaining outstanding on 5 July 2017.

· a further additional 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.

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.

Her Worship the Mayor/Barker Carried

Attachments

1 A1777629 - pages 72 to 74 - Annual Plan 2017/18

9. Standing Orders Review 2017

Document number R7306, agenda pages 144 - 241 refer.

Administration Adviser, Linda Canton presented the report and noted feedback received from elected members.

It was agreed to take the recommendation in parts.

Resolved CL/2017/243

That the Council

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

Her Worship the Mayor/Noonan Carried

This item was adjourned at 10.22am to allow for the farewell for the Chief Executive.

10. Farewell to Chief Executive

Mr Andy Joseph, Kaumatua joined the meeting and acknowledged the contribution that Chief Executive Clare Hadley had made to the city. Her Worship the Mayor thanked Mrs Hadley for her contribution and her support.

Mrs Hadley thanked the speakers and the staff for their support.

Mr David Johnston, Ngati Kuia acknowledged Mrs Hadley’s contribution to the city. Mr Johnston conveyed apologies from others and noted that Adrienne Kenney from Ngati Koata was also present to farewell Mrs Hadley.

After the singing of a waiata, elected members expressed their appreciation of the Chief Executive’s contribution.

Attendance: the meeting adjourned from 10.53am to 11.22am for morning tea

11. Standing Orders Review 2017 (continued)

11.1 Clauses 12.7 to 12.16 – audio or audio visual link

Attendance by audio or audio visual link in clauses 12.7 to 12.16 was discussed, and a variety of views were expressed.

It was noted that the quorum would still need to be met by elected members physically at the meeting, which limited the number of elected members who could participate by audio or audio visual link.

Resolved CL/2017/244

That the Council

Includes clauses 12.7 to 12.16 in Document A1754611 Standing Orders in reference to attendance at meetings by audio or audio visual link.

Her Worship the Mayor/Noonan Carried

11.2 Clause 22.9 – when a motion is lost

Clause 22.9, about when a motion was lost was discussed and a variety of views were expressed.

The motion was put and a division was called.

Councillor Acland	Apology
Councillor Barker	No
Councillor Courtney	Aye
Councillor Dahlberg	Aye
Councillor Fulton	No
Councillor Lawrey	No
Councillor Matheson	Aye
Councillor McGurk	No
Councillor Noonan	Aye
Councillor Rutledge	Apology
Councillor Skinner	Aye
Councillor Walker	Aye
Her Worship the Mayor	No

The motion was passed, 6-5.

Resolved CL/2017/245

That the Council

Removes clause 22.9 in Document A1754611 Standing Orders in relation to where a motion is lost.

Her Worship the Mayor/Noonan Carried

11.3 Adoption of Standing Orders and Date of Effect

Resolved CL/2017/246

That the Council

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

Confirms the adopted Standing Orders take effect from 23 June 2017.

Her Worship the Mayor/Noonan Carried

Attendance: the meeting adjourned from 12.07 to 12.12pm

12. Capital Expenditure Programme 2016-17 - Requests for change

Document number R7607, agenda pages 242 - 244 refer.

Group Manager Infrastructure, Alec Louverdis presented the report.

Resolved CL/2017/247

That the Council

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

Her Worship the Mayor/Skinner Carried

Resolved CL/2017/248

That the Council

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.

McGurk/Barker Carried

13. Administrative Matters Report

Document number R7812, agenda pages 245 - 262 refer.

Administration Manager, Penny Langley presented the report and advised that clarification had been received from the Institute of Directors that the wording “members under 40” referred to “members under 40 years of age”.

Resolved CL/2017/249

That the Council

Receives the corrected 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).

McGurk/Courtney Carried

Attendance: the meeting adjourned for lunch from 12.38pm to 1.16pm, during which time Councillors Lawrey and Skinner left the meeting.

Reports From Committees

14. Hearings Panel - Other - 14 March 2017

Document number R7912, agenda pages 263 - 268 refer.

There was a discussion as to whether pitbull dogs were a recognised breed.

It was noted that a Select Committee was currently considering Dog Control rules and there was the option for Council to submit to this process.

Resolved CL/2017/250

That the Council

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

Her Worship the Mayor/Barker Carried

15. Works and Infrastructure Committee - 18 May 2017

Document number M2586, agenda pages 269 - 275 refer.

Resolved CL/2017/251

That the Council

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

Matheson/Walker Carried

15.1 Maitai To Rocks Road Cycle Path - Approval of Route

Resolved CL/2017/252

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/Walker Carried

15.2 Capital Expenditure Programme 2016-17 Quarter 3 Progress Report

Resolved CL/2017/253

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.

Matheson/Walker Carried

16. Audit, Risk and Finance Subcommittee - 18 May 2017

Document number M2590, agenda pages 276 - 281 refer.

Resolved CL/2017/254

That the Council

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

Barker/Dahlberg Carried

16.1 Health and Safety: Quarterly Report

Resolved CL/2017/255

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).

Barker/Dahlberg Carried

16.2 Internal Audit Quarterly Report to 31 March 2017

Resolved CL/2017/256

That the Council

Notes the report Internal Audit Quarterly Report (R7569) and its attachment (A1747023).

Barker/Dahlberg Carried

16.3 Tax Risk Governance Framework

Resolved CL/2017/257

That the Council

Adopts the Tax Risk Governance Framework (A1750676) with immediate effect.

Barker/Dahlberg Carried

17. Planning and Regulatory Committee - 25 May 2017

Document number M2616, agenda pages 282 - 287 refer.

Resolved CL/2017/258

That the Council

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

McGurk/Her Worship the Mayor Carried

17.1 Strategy and Environment Report for 1 January 2017 – 31 March 2017

Resolved CL/2017/259

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.

McGurk/Her Worship the Mayor Carried

17.2 Options for Extending Smokefree Policy

Attendance: Councillor Matheson declared an interest and left the meeting at 1.26pm.

Resolved CL/2017/260

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.

McGurk/Fulton Carried

Attendance: Councillor Matheson returned to the meeting at 1.27pm.

17.3 Small-Scale Management Programme for Mediterranean Fanworm

Resolved CL/2017/261

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.

McGurk/Dahlberg Carried

18. Chief Executive Employment Committee - 16 May 2017

Document number M2579, agenda pages 288 - 292 refer.

Resolved CL/2017/262

That the Council

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

Her Worship the Mayor/Dahlberg Carried

19. Sports and Recreation Committee - 30 May 2017

Document number M2624, agenda pages 293 - 298 refer.

Resolved CL/2017/263

That the Council

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

Walker/Barker Carried

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

19.1 Capital Expenditure Programme 2016-17 – Requests for change

Group Manager Infrastructure, Alec Louverdis provided updates relating to the projects.

Resolved CL/2017/264

That the Council

Approves, with respect to project 2909 Queens Gardens toilet, that $187,403 of current year budget be transferred to 2017-18 to align with the updated construction phasing; and

Approves, with respect to projects 2799 Tahuna Reserve Development fund, 1063 Reserve Development, and 2294 Rutherford Play Space, that $50,381 from current year budgets is released as savings; and

Approves, with respect to project 3110 Marsden Valley Mountain Bike track stage one, that $34,500 from current year budget be transferred to 2017-18; and

Approves, with respect to project 3111 The Brook Mountain Bike Hub, that $30,000 from current year budget be transferred to 2017-18; and

Notes that updated officer advice on resourcing, timing and funding of projects will be confirmed at the Council meeting at which this recommendation is considered.

Courtney/Walker Carried

20. Community Services Committee - 1 June 2017

Document number M2643, agenda pages 299 - 305 refer.

It was noted that under the item Chairperson’s Report the second sentence should read: “She added that World Elder Abuse Awareness Day would take place on 15 June 2017.”

Resolved CL/2017/265

That the Council

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

Noonan/Courtney Carried

20.1 Capital Expenditure Programme 2016-17 – Requests for Change

Group Manager Infrastructure, Alec Louverdis provided updates regarding these projects.

Resolved CL/2017/266

That the Council

Approves, with respect to project 2226 Elma Turner Library improvements, that budget phasing for 2016-17, 2017-18, and 2018-19 is adjusted to $30,000, $175,000, and $308,000 respectively; and

Approves, with respect to project 1175 Stoke Sports and Community Facility, that $2,418,489 from 2016-17 budget is transferred to 2017-18.

Noonan/Courtney Carried

21. Exclusion of the Public

Resolved CL/2017/267

That the Council

Excludes the public from the following parts of the proceedings of this meeting.

Her Worship the Mayor/Barker Carried

Item	General subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Particular interests protected (where applicable)
1	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.	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).
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	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)
7	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)
8	Works and Infrastructure Committee Meeting - Public Excluded Minutes - 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). · 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.
9	Chief Executive Employment Committee 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)(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.
10	Sports and Recreation Committee Meeting - Public Excluded Minutes - 30 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).
11	Community Services Committee Meeting - Public Excluded Minutes - 1 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)(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.
12	Late item: Mayor’s Report – Commercial Negotiation	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 1.40pm and resumed in public session at 3.22pm.

22. Re-admittance of the Public

Resolved CL/2017/268

That the Council

Re-admits the public to the meeting.

Her Worship the Mayor/Dahlberg Carried

There being no further business the meeting ended at 3.22pm.

Confirmed as a correct record of proceedings:

Chairperson Date

Council

10 August 2017

REPORT R7764

Upper Trafalgar Street - Summer Closure

1. Purpose of Report

1.1 To approve the proposal to seek feedback from stakeholders in relation to the proposed temporary closure of the section of Trafalgar Street between Selwyn Place and Hardy Street (Upper Trafalgar Street).

2. Summary

2.1 This report proposes that Council undertake informal consultation on the temporary closure of Upper Trafalgar Street to traffic from 1 December 2017 to 31 March 2018. If the consultation is approved, the results of the consultation will be reported back to the Council in September and a recommendation made on whether or not to proceed with the temporary closure.

3. Recommendation

That the Council

Receives the report Upper Trafalgar Street - Summer Closure (R7764); and

4. Background

4.1 The closure of Upper Trafalgar Street has been proposed in the past but not pursued in response to opposition from the businesses operating on this section of road (Trafalgar Street businesses).

4.2 During the last few months however, there has been renewed interest in the idea that Upper Trafalgar Street could be utilised to a greater extent particularly in relation to improving the pedestrian experience in Nelson and creating a unique and inviting space for Nelsonians and visitors to enjoy.

4.3 The NRDA and Uniquely Nelson support the latest proposal and at a meeting with Trafalgar Street businesses held on 24 May 2017, the majority of attendees indicated support for the proposal.

5. Discussion

Previous reports

5.1 There have been two previous reports to the Council on this matter:

5.2 The first in 2003, which recommended that Upper Trafalgar Street be closed using Section 336 of the Local Government Act 1974 for 6 months as a trial. The recommendation was not accepted by the Council of the time that resolved:

THAT before any formal decision in relation to the possible closure of the upper portion of Trafalgar Street is made the Council undertake appropriate consultation with the business and property owners in the area concerned and give thought to other option or works which could be carried out to enhance the City Centre.

5.3 The second report was presented to the Council in 2011. The Council at the time rejected use of Section 336 of the LGA (Pedestrian Mall) and resolved:

AND THAT the road closure provisions in schedule 10 of the Local Government Act 1974 continue to be applied for street closures in Upper Trafalgar Street in 2011/12;

AND THAT a community engagement plan including pedestrian mall options be prepared to enhance the Council relationship with Upper Trafalgar Street businesses over the 2011/12 year and to improve understanding of the impacts of different events on foot traffic and local businesses.

Proposal for consultation

5.4 The proposal on which Council now wishes to consult is to close Upper Trafalgar Street to traffic from 1 December 2017 to 31 March 2018. The exemptions would be access at all times for emergency vehicles and access during specified hours, for example 07:00am - 09:00am for delivery vehicles.

5.5 The purpose of the closure, should it be approved, would be to trial and test the feasibility of declaring Upper Trafalgar Street a pedestrian mall for four months every summer. The temporary closure will serve as a low cost trial to identify and find solutions for any issues which arise as a result of the closure.

5.6 Consultation on the trial closure would be on an informal basis and take the form of meetings with and letters to stakeholders in the community. Feedback on the temporary closure would also be sought from the Police and the New Zealand Transport Agency (NZTA) as required by clause 11(d) Schedule 10 of the Act.

5.7 During the trial, restaurants would extend their dining areas (subject to licencing) in order to create an inviting pedestrianised space for visitors and Nelsonians to enjoy. Suitable tables and chairs would be provided by business owners at their own cost.

5.8 Signage and fencing or bollards would be utilised to close the street. Planter boxes would be positioned to define the space and add aesthetic value.

5.9 The cost to Council for signs is estimated at $1,200, total. The cost for bollards or fencing would depend on the quality and standard desired and could range from $5,000 - $30,000. Likewise, the cost of planter boxes will vary depending on the type, size and number required but as a guide, the cost of one planter box which supports a tree is approximately $2,000 (excluding maintenance costs). Options and further details in relation to these aspects would be presented following the proposed consultation with stakeholders.

5.10 It is proposed that Council would subsidise the extension of liquor licences estimated at a cost of $4,500 - $7,000 and charge a nominal fee for the additional space occupied by the Trafalgar Street businesses for the duration of the four month trial. This is expected to encourage support for the proposal as it will minimise the initial investment business owners would be required to make in order to participate in the trial.

5.11 Rough order costs for the trial are at this stage estimated at $36,000 - $72,000 (including a 20% contingency, excluding design and installation costs). One possibility for funding the capital cost of a trial closure of Upper Trafalgar Street is to draw on the CBD Enhancement fund.

5.12 Council allocated $894,000 over five years in the Long Term Plan 2015-25 (LTP) to a CBD Enhancement Fund to promote the economic health and vitality of the central city. The list of projects shortlisted for potentially drawing from the fund have been informed by the Mayoral Taskforce on City Futures, the report commissioned from First Retail in 2016/17 on CBD priorities and councillor suggestions through recent annual plans. The list currently includes the Church Street upgrade (underway), better connections between the city and the NMIT campus, improvements to the Montgomery Square Hardy St entrance, lighting improvements and pocket parks.

5.13 The most significant element of spending under the Fund in 2017/18 is the Church St upgrade at $500,000. There is $94,000 remaining in the CBD Enhancement Fund for 2017/18 under which officers have done some scoping of lighting improvements. One proposed lighting project in the CBD has been catenary lighting as part of the Church Street upgrade. However that cannot be achieved within existing budget constraints and discussions with business and property owners about a contribution towards these costs are ongoing.

5.14 Given the importance of giving different parts of the CBD access to Council enhancement funding, officers recommend scoping lighting improvements as suggested by First Retail i.e. as an element to boost the CBD winter and evening economy, looking first at gateways such as the ends of Hardy Street. It is expected that apart from design costs in 2017/18 the main (construction) costs for such a lighting project would occur in 2018/19, assuming Council continues funding for CBD enhancement in the Long Term Plan 2018-28. This approach would allow the CBD Enhancement Fund to be used to cover costs of the Upper Trafalgar St closure trial this year.

5.15 The expectation is that the cost of the trial will in time be rendered neutral through income generated as a result of extended licences to occupy if Upper Trafalgar Street is declared a pedestrian mall for four months every summer.

5.16 A further report regarding the declaration of a pedestrian mall would be brought to the Council in 2018 should the trial proceed and prove to be successful. A public consultation using the special consultative procedure would be required before a pedestrian mall could be declared.

Regulatory controls

5.17 The temporary closure, should it proceed, would be effected under s.342 and clause 11(d) Schedule 10 of the Act.

5.18 Section 342 gives councils the power to close any road to vehicles on a temporary basis in accordance with Schedule 10. Clause 11(d) of Schedule 10 gives councils the power, after consultation with Police and the NZTA, to close part of a road to traffic ‘when for any reason it is considered desirable that traffic should be temporarily diverted to other roads’.

5.19 Legal advice has been sought and confirms that the closure of Upper Trafalgar Street for the purpose of trialling a pedestrian mall would fall within clause 11(d), if the Council decides that it is desirable that traffic be temporarily diverted to other roads for this purpose.

Potential issues

Parking

5.20 There are currently 14 parking spaces in Upper Trafalgar Street, including two mobility parking spaces. These parking spaces would be unavailable during the trial and loss of parking may be raised by stakeholders during consultation.

5.21 Subject to the feedback received, officers will examine the possibility of designating parking spaces on Hardy Street or Selwyn Place as mobility parking spaces and provide details on this to the Council following the proposed consultation.

5.22 There are two large carparks (Montgomery Square and Buxton Square) within a short walking distance from Upper Trafalgar Street as well as parking spaces close by on Selwyn Place and Hardy Street.

5.23 If the trial proceeds, business owners would be encouraged to monitor what effect (if any) the absence of parking spaces in Upper Trafalgar Street has on their businesses.

Universal approval

5.24 The proposal is unlikely to be met with universal approval from stakeholders but it is expected that the majority of stakeholders will support the proposal.

Traffic

5.25 The temporary closure of Upper Trafalgar Street would redistribute traffic to other parts of the network and encourage drivers to use the ring road system. Whilst the effect of the temporary closure is not expected to be significant, further work will be completed in this regard and stakeholder feedback will also be sought on this issue. It is not anticipated that the temporary closure will affect the start of construction on the Church Street upgrade.

6. Options

6.1 Council could approve consultation on the proposal to temporarily close Upper Trafalgar Street as outlined above. This is the preferred option.

6.2 Council could decide not to consult with the community and either, decide immediately not to close Upper Trafalgar Street or if minded to temporarily close the street, direct that consultation with the Police and NZTA be completed (as required by clause 11(d) Schedule 10 of the Act) and that a further report be prepared.

Option 1: Approve consultation
Advantages	· Opportunity to further engage with and gather feedback from the community prior to making a decision on the temporary closure.
Risks and Disadvantages	· Internal resources will be required to manage the consultation.
Option 2: Proceed to decision without community consultation
Advantages	· Less demand on internal resources in relation to consultation. · No capital expenditure, if a decision is made not to close Upper Trafalgar Street
Risks and Disadvantages	· Missed opportunity to engage with and gather feedback from the community prior to making a decision. · Community may be disappointed if a decision regarding the closure is made without prior consultation.

7. Conclusion

7.1 Consultation on the proposal to temporarily close Upper Trafalgar Street is recommended as it would allow Council the opportunity to gauge support for the proposal and consider all issues raised in relation to the proposal, prior to making a decision.

Michelle Joubert

Executive Officer

Attachments

Nil

Important considerations for decision making

1. Fit with Purpose of Local Government

By consulting on the proposal prior to making a decision, Council is performing its duties in a way which is most cost-effective for households and businesses.

2. Consistency with Community Outcomes and Council Policy

Consulting on the proposal aligns with the community outcome –

Our Council provides leadership and foster partnerships, a regional perspective and community engagement.

3. Risk

It is considered that there is little risk in seeking public feedback on the proposal.

4. Financial impact

Internal resources will be required to manage the consultation.

A decision to temporarily close upper Trafalgar Street would result in costs relating to the closure of the street and setting up of the area.

5. Degree of significance and level of engagement

This decision to consult is of low significance although the proposal to temporarily close upper Trafalgar Street is likely to be of interest to Trafalgar Street businesses, other businesses nearby and property owners.

6. Inclusion of Māori in the decision making process

Māori have not been consulted on this decision.

7. Delegations

This report relates to business, economic development and tourism, temporary road closure, temporary unavailability of parking and alcohol licenses. Responsibility for these areas does not clearly sit with a single Council committee. Therefore the decision required by this report is referred to the Council.

Council

10 August 2017

REPORT R7355

Whakamahere Whakatu Nelson Plan - Designations

1. Purpose of Report

1.1 To confirm - the rollover, modification or removal of existing Nelson City Council designations when the new Whakamahere Whakatu Nelson Plan is notified.

2. Recommendation

That the Council

Receives the report Nelson Plan – Designations (R7355) and its attachments (A1774347, A1774346, A1774349, and A1774348); and

Approves removing the designations as detailed in Table 2 of Report R7355.

3. Background

3.1 The operative Nelson Resource Management Plan has several designations in place relating to Infrastructure and Parks and Recreation for which Nelson City Council, as the requiring authority, has financial responsibility for. As part of the Plan review process Council has been invited under Schedule 1, Clause 4 of the Resource Management Act 1991 (RMA) to identify if these designations are to be included in the new Plan with or without modification.

3.2 A designation is a planning technique used by the Crown, local authorities and network utility operators approved as requiring authorities under s167 of the Resource Management Act (RMA) and it authorises work and activity, area or route without the need for land use consent from the relevant territorial authority (i.e. s9(3) of the RMA does not apply). A designation has a similar effect to a plan change establishing a permitted activity as it:

· identifies the land affected in the district plan

· enables a requiring authority to undertake the works within the designated area without the need for a land use consent

· sets the parameters under which the activity can occur.

3.3 The new Whakamahere Whakatu Nelson Plan is expected to be publicly notified in 2018 and as part of that process Council needs to identify if the existing designations are to be rolled over, with or without modification, or removed.

3.4 In addition, Council may wish to add new designations at the time the Whakamahere Whakatu Nelson Plan is notified through the process provided through Clauses 4(6) and 4(7) of the First Schedule RMA. These Clauses allow a territorial authority to include requirements for new designations in a proposed plan, providing the prescribed information is made available for public inspection. Officers have not identified any new designations to be included as part of the Plan review process.

3.5 Approval of the designations by the Council today is not the final decision on the designations as this is subject to the Whakamahere Whakatu Nelson Plan hearings process. Commissioners will be making recommendations on the designations with the final decision resting with the Requiring Authority (in this case Council).

4. Discussion

4.1 The current designations and recommendations are summarised and discussed in the tables below.

Retain with minor amendments

4.2 Table 1 lists current designations that officers recommend be retained with minor improvements including updating of address, legal description title references, mapping and text (refer to Attachment 1 for details of changes and reasons for retention (with or without modification), and Attachment 2 for locations and boundaries of designations).

Table 1

Description	Current designation
Infrastructure – Refuse Disposal	DN1 – York Valley landfill
	DN2 – Refuse Transfer Station and Recycling Depot
Infrastructure – Water Supply	DN3 – Water supply purposes and water supply works
	DN4 – Water supply - The Ridgeway/Songer St reservoir
	DN5 – Water supply - Walters Bluff reservoir
	DN6 – Water supply - Observatory Hill reservoir
Infrastructure - Sewage treatment	DN7 – Wastewater treatment - Boulder Bank Drive
Infrastructure – Car parking	DN11 – NW & SE corner of Montgomery carpark
	DN13 – Lane SE corner Montgomery Square
	DN14 – Lane NE corner Montgomery Square
Parks & Recreation	DN9 – Railway Reserve (Quarantine to Saxton Rd)
	DN10 - Nursery
	DN15 – Seafield Terrace (The Glen) (*)
	DN16 – Saxton Park extension (*)
	DN17 – Isel Park extension (*)

* These three areas have been fully developed as parks. The existing zoning is residential or rural. The designations will be retained at this point recognising this existing and incompatible zoning. This is with the intent of removing the designations if the underlying zoning is ultimately changed through the Nelson Plan process to reflect the park usage of these areas.

4.3 Table 2 lists current designations officers recommend not be rolled over for the reasons provided (refer to Attachment 3 for reasons for removal and Attachment 4 for maps of these designations).

Table 2

Description	Current designation	Reason not to roll over
Infrastructure – Flood protection	DN8 – Orphanage Creek	The area has been subdivided and Council has ownership of the riparian areas adjacent to the creek.
Infrastructure – Car parking	DN12 – Stoke fire station public carpark	The property matters related to the Countdown Supermarket development at the Stoke Fire Station Carpark were approved by Council in July 2007. This included retaining Council ownership and obtaining right of ways that allowed continued public access to the car park and rendered the designation surplus to requirements
Infrastructure - Quarry	DN18 – Black Horse Quarry Wakapuaka	No longer required. Council resolved to sell and revoke reserve status. Process underway to give effect to this.

5. Options

5.1 The options open are to approve or not approve the recommendations as detailed in this report.

Retaining existing designations with amendments, as detailed in Table 1

Option 1: Approve recommendations
Advantages	· Efficient continued operation of important and expected public works without need for resource consent · Control by Council over other activities within the designated area · Existing designations, community expectation would be to roll over
Risks and Disadvantages	· Cost of addressing any submissions in opposition
Option 2: Not approve the designations
Advantages	· No potential for opposition from submitters
Risks and Disadvantages	· Critical public infrastructure activities may no longer be permitted where not supported by underlying zone e.g. wastewater treatment plant (Rural), Railway Reserve (Residential) · Inefficient for Council to uplift existing designations and prepare multiple resource consents · No certainty of outcome of resource consent process, activity may have to cease · Without designation Council loses ownership over planning instrument, and becomes subject to the NRMP.

Removing designations as detailed in Table 2

Option 1: Approve removing designations
Advantages	· Council no longer responsible for administration of surplus planning instrument
Risks and Disadvantages	· Only risk is where activity may still be required, however likelihood has been assessed as very low and if required in future dispensation could always be sought again through Notice of Requirement or resource consent process
Option 2: Not approve removing designations
Advantages	· Likelihood of requiring designations very low, therefore no benefits from retaining
Risks and Disadvantages	· Inefficient and cumbersome for Council to retain inappropriate designations

6. Conclusion

6.1 Council has a number of designations in the existing Nelson Resource Management Plan that need assessing with the Whakamahere Whakatu Nelson Plan to be publicly notified in 2018.

6.2 Recommendations have been provided for designations to be retained (with or without modification), or removed under clause 4, Schedule 1 of the Resource Management Act 1991 as required when the new Unitary Plan - Whakamahere Whakatu Nelson Plan is notified.

Alec Louverdis

Group Manager Infrastructure

Attachments

Attachment 1: A1774347 - Details of changes and reasons for retention for table 1 ⇩

Attachment 2: A1774346 - Locations and boundaries of designation for table 1 (Circulated separately) ⇨

Attachment 3: A1774349 - Reasons for removal for table 2 ⇩

Attachment 4: A1774348 - Maps of designations to be removed for table 2 ⇩

Important considerations for decision making

1. Fit with Purpose of Local Government

The designations deemed necessary to be retained are important for the cost effective provision of Council services and infrastructure.

2. Consistency with Community Outcomes and Council Policy

These specific designations ensure consistency with the following community outcomes: Our unique natural environment is healthy and protected; Our urban and rural environments are people-friendly, well planned and sustainably managed; Our infrastructure is efficient, cost effective and meets current and future needs; Our communities are healthy, safe, inclusive and resilient

3. Risk

Retaining existing designations supports the aim of providing good quality infrastructure. Not having the appropriate designations in place will not prevent services from continuing to be provided to the ratepayers but it may be at a higher cost if additional consent processes are required.

4. Financial impact

The financial impact of not securing these designations now as part of the Nelson Plan and requiring these later could be a costly exercise for Council.

5. Degree of significance and level of engagement

Certain designations are of high significance because they relate to Council’s Infrastructure. Extensive engagement with the community is planned as part of the Nelson Plan roll-out.

6. Inclusion of Māori in the decision making process

Maori have not been consulted on matters addressed in this report

7. Delegations

This report covers areas of responsibility of the Works and Infrastructure Committee as well as the Sports and Recreation Committee, and therefore is a matter for consideration by full Council.

Council

10 August 2017

REPORT R8007

Tahunanui Cycle Network

1. Purpose of Report

1.1 To agree a way forward for Council to deliver a preferred route for the Tahunanui Cycle Network.

1.2 To agree funding to allow this work to progress this financial year.

2. Summary

2.1 This report proposes an alternative model of delivery for the Tahunanui Cycle Network as requested by the Works and Infrastructure Committee at its meeting on 29 June 2017.

3. Recommendation

That the Council

Receives the report Tahunanui Cycle Network (R8007) and its attachment (A1795358); and

Approves the alternate delivery model as detailed in report R8007 as a mechanism that could successfully deliver the Tahunanui Cycle Network project; and

Approves the Draft Terms of Reference for the Tahunanui Cycling Advisory Group (Attachment one, A1795358); and

Agrees that a final option for implementation will be presented to a future Works and Infrastructure Committee for approval in March 2018.

4. Background

4.1 On 26 November 2015 Council considered a programme of works for active transport as part of the ‘Out and About’ policy and resolved as follows:

AND THAT the following projects be the subject of reports to the Works and infrastructure Committee before implementation:

· Tahunanui Cycle Network

· Rocks Road

· Rocks Road to Maitai

· Maitai Path

· Anzac Park Link

Noting that all other projects in the five year forward works programme will be delivered under delegated authority.

4.2 An update on these projects is as below:

· Tahunanui Cycle Network – subject of this report.

· Rocks Road – on hold pending Southern Link investigation.

· Rocks Road to Maitai – NZTA now leading project delivery.

· Maitai Path – consultation to commence 2017/18.

· Anzac Park Link – construction scheduled for completion in July 2017.

4.3 Officers presented a report to the Works and Infrastructure Committee on 18 May 2017 specifically outlining the Tahunanui Cycle Network project. The recommendations from this report were put to the Committee and the motion was lost. All work on the project was stopped.

4.4 At the Works and Infrastructure Committee meeting of 29 June 2017, a Notice of Motion was put forward by the Works and Infrastructure Committee Chair.

4.5 Two public forum presentations were heard at the 29 June meeting noting concerns with the proposed cycle route - one from the Tahunanui Primary School and Tahunanui Community Centre, and the second from Bicycle Nelson Bays. Council officers presented a case for the proposed cycle route explaining current and future use.

4.6 The Committee referred the matter to the Council and officers were asked to present an alternate delivery model that would see the successful completion of the project.

4.7 There is still a strong desire amongst Council and the public that the process continues and that any momentum that has been created is maintained.

5. Funding

5.1 Funding for this project was a third each from NCC (ratepayers), NZTA, and the Urban Cycle Fund (UCF) scheme.

5.2 The UCF scheme has a requirement to have projects that are funded from the scheme to be substantially completed by June 2018.

5.3 The current delays to this project places this deadline requirement and the 1/3 funding from UCF scheme at risk. The ratepayers’ contribution will thus be increased from 33% to 50% on any final outcome.

5.4 Following the decision from the May 2017 Works and Infrastructure Committee meeting, work on the project stopped and budgets for the project were removed from the current 2017/18 financial year.

5.5 Should this alternative model be approved by Council, funding will be required in the current financial year to move the project forward. Officers estimate this funding to be $80,000 for this work.

5.6 The original physical works estimate to undertake the work on the proposal lost at the May 2017 Works and Infrastructure Committee was $1.3M. Depending on what option is ultimately agreed on, the price tag could be as high as $2M.

5.7 Detailed design on a preferred option will only commence following a decision at the Works and Infrastructure Committee (anticipated March 2018) and with tendering to follow, any work on site by June 2018 is highly unlikely. Officers will however be in better position to understand the physical cost estimate of the preferred option for the LTP.

6. Discussion

6.1 This project has been in the planning phase for some 4 years. This work will not be lost going forward and will form the basis for working with the community and key stakeholders to deliver an outcome for the Tahunanui area and add to Nelson’s cycleway network.

7. Options

7.1 Not progressing the project is not ideal from a Council, stakeholder, or community point of view and is not a recommend option.

7.2 It is clear from public submissions that including key stakeholders and the community in developing the final outcome of a preferred route is key to the success of this project.

7.3 Officers propose that an alternative delivery model be considered and include for a staged approach:

· Stage 1 - The formation of an advisory group including councillors, key stakeholders, NZTA and officers using the ‘Out and About Policy’ as the basis for all decisions; and

· Stage 2 - include for targeted Tahunanui community involvement to finalise a specific route.

7.4 Officers suggest that the advisory group include the following stakeholders and that the draft Terms of Reference for this Group (Attachment 1) be approved:

· Chair of the Works and Infrastructure Committee and one other Councillor;

· A representative from Bicycle Nelson Bays;

· A representative from NZTA (as co-funder);

· Council officers and experts as required.

7.5 Targeted consultation will include the Tahunanui Business Association, schools and residents.

Option 1: Reassess project options with improved stakeholder consultation and report back to Work and Infrastructure Committee in March 2018 for approval of route.

Advantages

· Detailed stakeholder consultation across the whole process.

· Solutions created and considered that will serve the community now and in the future.

· Commitment and engagement from the community.

Risks and Disadvantages

· Extra cost from the additional consultation and any changes to concept designs.

· UCF scheme at risk.

· Extra cost would be required from ratepayers as a result of not having funds available through the UCF scheme.

· Delay in delivery for the community

8. Conclusion

8.1 Initial contact has already be made with interested stakeholders who are looking forward to the opportunity of working together with officers on this project.

8.2 The alternative model proposed includes assessment of project options with improved stakeholder consultation that will result in a recommendation on the preferred route to the Works and Infrastructure Committee.

8.3 Budget estimated at $80,000 is required in the current financial year to commence this work.

8.4 Should this alternative delivery model be successful, it could be considered for future major cycling projects.

Paul D'Evereux

Senior Asset Engineer - Transport and Roading

Attachments

Attachment 1: A1795358 - Tahunanui Cycling Advisory Group - draft Terms of Reference ⇩

Important considerations for decision making

1. Fit with Purpose of Local Government

This project will link existing cycling infrastructure and promote active transport participation rates and make cost effective use of Council assets.

2. Consistency with Community Outcomes and Council Policy

The 2015-25 LTP has set a target of 25% of all journeys to be undertaken by walking or cycling by 2018. The 2015-2021 Regional Land Transport Plan has set objectives to ensure the community has a range of travel choices and supports national strategies for energy efficiency. The project will contribute to these goals by appealing to a wide range of cyclists thereby promoting greater uptake of active travel modes, supporting Nelson’s Active Travel Hierarchy and Out and About policy. Striving to achieve desired out comes such as “A safer network of complete and convenient routes for active travel and recreational journeys alike”.

3. Risk

· No agreed route from the community will delay the project.

· Loss of UCF will increase NCC ratepayer contributions.

· Tahunanui is a reasonably large suburb, the route may not cater for those that live some distance east of the route, or for those whose direct journey to school and amenities do not coincide with the route. Future projects are planned to address these linkages.

4. Financial impact

This project currently qualifies for 66.6% subsidy (33.3% each) from NZTA and the UCF. The UCF component ends in June 2018 and the risk of UCF increases NCC financial contributions (see item 3 Risk).

5. Degree of significance and level of engagement

This matter is of low significance. The work is contained within road reserve. Existing private accesses to the road corridor are retained, but additional consideration will be required by drivers where the access crosses the cycleway. Depending on the cycleway type selected, some parking will be effected.

6. Inclusion of Māori in the decision making process

Maori have not been specifically consulted on this project.

7. Delegations

This matter was referred to Council to consider an alternative delivery model.

Minutes of a meeting of the Audit, Risk and Finance Subcommittee

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

On Tuesday 27 June 2017, commencing at 9.04am

Present: Mr J Peters (Chairperson), Her Worship the Mayor R Reese, Councillor B Dahlberg, and Mr J Murray

In Attendance: Councillors P Matheson and S Walker, Acting Chief Executive (David Hammond), Group Manager Infrastructure (A Louverdis), Group Manager Community Services (C Ward), Group Manager Corporate Services (N Harrison), Internal Audit Analyst (L Anderson), Manager Organisational Assurance and Emergency Management (R Ball), Manager Consents and Compliance (M Bishop), Health and Safety Adviser (M Hughes), Senior Accountant (T Hughes), Risk and Procurement Analyst (S Vaughan), Manager People and Capability (S Vincent), and Administration Adviser (L Canton)

Apology: Councillor I Barker

1. Apologies

Resolved AUD/2017/013

That the Subcommittee

Receives and accepts an apology from Councillor Barker.

Dahlberg/Murray 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 18 May 2017

Document number M2590, agenda pages 10 - 15 refer.

Resolved AUD/2017/014

That the Subcommittee

Confirms the minutes of the meeting of the Committee, held on 18 May 2017, as a true and correct record.

Dahlberg/Her Worship the Mayor Carried

6. Status Report - Audit, Risk and Finance Subcommittee - 27 June 2017

Document number R7943, agenda pages 16 - 18 refer.

Resolved AUD/2017/015

That the Subcommittee

Receives the Status Report Audit, Risk and Finance Subcommittee 27 June 2017 (R7943) and its attachment (A1753947).

Murray/Dahlberg Carried

7. Chairperson's Report

The Chairperson acknowledged the new Acting Chief Executive, David Hammond.

8. Corporate Report to 30 April 2017

Document number R6999, agenda pages 19 - 31 refer.

Group Manager Corporate Services, Nikki Harrison presented the report and answered questions.

It was noted that the subcommittee would like to see profit and loss accounts for operating accounts to ascertain that all income was being recorded.

Resolved AUD/2017/016

That the Subcommittee

Receives the report Corporate Report to 30 April 2017 (R6999) and its attachments (A1766296 and A1771251).

Her Worship the Mayor/Dahlberg Carried

Resolved AUD/2017/017

That the Subcommittee

Requests that profit and loss accounts for the forestry, marina, and camping grounds consolidated accounts be brought to a future meeting.

Murray/Dahlberg Carried

9. Balance Sheet reconciliation review

Document number R7002, agenda pages 32 - 39 refer.

Senior Accountant, Tracey Hughes, presented the report. Ms Hughes and Group Manager Community Services, Chris Ward, answered questions.

Resolved AUD/2017/018

That the Subcommittee

Receives the report Balance Sheet reconciliation review (R7002) and its attachment (A1774923).

Murray/Dahlberg Carried

10. Liability Management Policy review

Document number R7529, agenda pages 40 - 58 refer.

Group Manager Corporate Services, Nikki Harrison, presented the report and answered questions.

Resolved AUD/2017/019

That the Subcommittee

Receives the report Liability Management Policy review (R7529) and its attachment (A1765543).

Her Worship the Mayor/Dahlberg Carried

Recommendation to Council AUD/2017/020

That the Council

Adopts the amended Liability Management Policy (A1765543).

Her Worship the Mayor/Dahlberg Carried

11. Carry Forwards (Interim) 2016/17

Document number R7555, agenda pages 59 - 68 refer.

Senior Accountant, Tracey Hughes, presented the report. Ms Hughes and Acting Chief Executive, David Hammond, answered questions.

Resolved AUD/2017/021

That the Subcommittee

Receives the report Carry Forwards (Interim) 2016/17 (R7555) and its attachments (A1770607).

Dahlberg/Murray Carried

Recommendation to Council AUD/2017/022

That the Council

Dahlberg/Murray Carried

12. Council Risk Management Policy and Risk Criteria

Document number R7572, agenda pages 69 - 82 refer.

Risk and Procurement Analyst, Steve Vaughan, presented the report and answered questions about the governance role in risk management.

Resolved AUD/2017/023

That the Subcommittee

Receives the report Council Risk Management Policy and Risk Criteria (R7572) and its attachments: Risk Management Policy (A1553263) and Council Risk Criteria (A1545157).

Her Worship the Mayor/Murray Carried

Mr Murray, seconded by Councillor Dahlberg, moved the recommendation to Council in the officer report.

It was noted that the policy should also address the governance body’s role in the areas of risk management.

It was further noted that the term ‘value’ in clause 5.6 of the policy was not limited to monetary value.

Attendance: The meeting adjourned from 10.58am until 11.14am.

It was suggested that the Chairperson work with Mr Vaughan to amend the policy to clarify the role of governance in the policy’s areas of responsibility.

Mr Peters, seconded by Her Worship the Mayor moved an amendment:

That the Council

Approves the Risk Management Policy (A1553263) as amended by the Chairperson of the Audit, Risk and Finance Subcommittee and the Risk & Procurement Analyst to include clarification of escalation of continued tolerance (table 3 of the Policy) and the role of governance in the areas of responsibility (clause 6 of the Policy), and adopts the Council Risk Criteria (A1545157).

The amendment was put and carried and became the substantive motion.

Recommendation to Council AUD/2017/024

That the Council

Murray/Dahlberg Carried

13. Internal Audit - Annual Audit Plan to 30 June 2018

Document number R7587, agenda pages 83 - 91 refer.

Internal Audit Analyst, Lynne Anderson, presented the report. Ms Anderson and Group Manager Corporate Services, Nikki Harrison answered questions.

Resolved AUD/2017/025

That the Subcommittee

Receives the report Internal Audit - Annual Audit Plan to 30 June 2018 (R7587) and its attachment (A1748975);

Dahlberg/Murray Carried

Recommendation to Council AUD/2017/026

That the Council

Approves the Internal Audit – Annual Audit Plan to 30 June 2018 (A1748975).

Dahlberg/Murray Carried

14. Health and Safety Governance Charter review

Document number R7622, agenda pages 92 - 99 refer.

Manager Organisational Assurance and Emergency Manager, Roger Ball, and Health and Safety Adviser, Malcolm Hughes, presented the report.

Resolved AUD/2017/027

That the Subcommittee

Receives the report Health and Safety Governance Charter review (R7622) and its attachment (A1767136);

Murray/Her Worship the Mayor Carried

Recommendation to Council AUD/2017/028

That the Council

Approves the revised Health and Safety Governance Charter (A1767136).

Murray/Her Worship the Mayor Carried

15. Protected disclosure policy

Document number R7631, agenda pages 100 - 111 refer.

Group Manager Corporate Services, Nikki Harrison presented the report. Ms Harrison, Acting Chief Executive, David Hammond, and Manager People and Capability, Stephanie Vincent, answered questions.

It was noted that the issue of protected disclosures also applied to governance, and a suggestion that officers investigate how the policy could be expanded to include elected members.

Resolved AUD/2017/029

That the Subcommittee

Leaves the report to lie on the table awaiting further advice from the Chief Executive on amending the policy to cover elected members.

Her Worship the Mayor/Dahlberg Carried

16. Trafalgar Park Seating and Sale of the Punawai

Document number R7383, agenda pages 112 - 138 refer.

Group Manager Community Services, Chris Ward, and Manager Consents and Compliance, Mandy Bishop presented the report and answered questions.

Resolved AUD/2017/030

That the Subcommittee

Receives the report Trafalgar Park Seating and Sale of the Punawai (R7383) and its attachments (A345448, A1311242, R6448 and A1412442); and

Notes that the purchase of the Trafalgar Park Seats complied with Council’s Procurement Policy 2015 (A345448); and

Notes that the Council approved the private sale of the Punawai for reasons of timeliness and efficiency, and recognised at the time of the sale that this approach departed from Council’s Asset Disposal Policy 2015 (A1412442).

Dahlberg/Murray Carried

17. Interim audit letter for the year ending 30 June 2017

Document number R7627, agenda pages 139 - 147 refer.

Director, Audit NZ, Bede Kearney presented the report.

Resolved AUD/2017/031

That the Subcommittee

Receives the report Interim audit letter for the year ending 30 June 2017 (R7627) and its attachment (A1775216); and

Notes the suggested responses to the recommendations.

Dahlberg/Murray Carried

18. Exclusion of the Public

It was noted that Bede Kearney, of Audit NZ would be in attendance for Item 3 of the Public Excluded agenda to answer questions and, accordingly, the following resolution was passed:

Resolved AUD/2017/032

That the Subcommittee

Confirms, in accordance with section 48(5) of the Local Government Official Information and Meetings Act 1987, Bede Kearney of Audit NZ remains after the public has been excluded, for Item 3 of the Public Excluded agenda (Bad debts for the year ending 30 Jun 2017), 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 Bede Kearney possesses relates to Council’s level of bad debt.

Murray/Peters Carried

Resolved AUD/2017/033

That the Subcommittee

Excludes the public from the following parts of the proceedings of this meeting.

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)

Bad debts for the year ending 30 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)(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 12.32pm and resumed in public session at 12.39pm.

19. Re-admittance of the Public

Resolved AUD/2017/034

That the Subcommittee

Re-admits the public to the meeting.

Dahlberg/Murray Carried

There being no further business the meeting ended at 12.39pm.

Confirmed as a correct record of proceedings:

Chairperson Date

Minutes of a meeting of the Commercial Subcommittee

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

On Tuesday 27 June 2017, commencing at 1.00pm

Present: Mr J Murray (Chairperson), Her Worship the Mayor Reese, Councillors L Acland and M Courtney, Mr J Peters.

In Attendance: Councillors B Dahlberg, T Skinner, P Matheson and S Walker, Acting Chief Executive (D Hammond), Group Manager Infrastructure (A Louverdis), Group Manager Community Services (C Ward) Manager Administration (P Langley) and Team Leader Administration Advisers (R Byrne)

Apologies: Councillor I Barker

1. Apologies

Resolved COM/2017/017

That the Subcommittee

Receives and accepts the apologies from Councillor Barker.

Courtney/Acland Carried

2. Confirmation of Order of Business

The Chair advised there would be a Late Item on the Forestry Advisory Group Terms of Reference.

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 27 April 2017

Document number M2531, agenda pages 7 - 12 refer.

Resolved COM/2017/018

That the Subcommittee

Confirms the minutes of the meeting of the Commercial Subcommittee, held on 27 April 2017, as a true and correct record.

Courtney/Murray Carried

6. Status Report - Commercial Subcommittee - 27 June 2017

Document number R7945, agenda pages 13 - 14 refer.

Resolved COM/2017/019

That the Subcommittee

Receives the Status Report Commercial Subcommittee 27 June 2017 (R7945) and its attachment (A1777192).

Peters/Courtney Carried

7. Forestry Update report - June 2017

Document number R7813, agenda pages 15 - 29 refer.

Group Manager Infrastructure, Alec Louverdis introduced Peter Gorman, Council’s forestry consultant. Mr Louverdis noted the report was an interim report to the Commercial Subcommittee as the Forestry Advisory Group Terms of Reference were not yet confirmed. Mr Louverdis and Mr Gorman answered questions on the portfolio.

Attendance: Her Worship the Mayor entered at 1.17pm.

Resolved COM/2017/020

That the Subcommittee

Receives the report Forestry Update report - June 2017 (R7813) and its attachments (A1771554; A1561381); and

Notes the progress undertaken to date on matters relating to the forestry portfolio and the Emissions Trading Scheme.

Peters/Courtney Carried

Recommendation to Council COM/2017/021

That the Council

Confirms that block BROOK-22.02 be harvested if economically feasible.

Acland/Peters Carried

Late Item - Term of Reference for Forestry Advisory Group.

The Chair noted that a procedural resolution was required in order for the Subcommittee to consider this matter.

Resolved COM/2017/022

That the Subcommittee

Considers the item regarding Forestry Advisory Group Terms of Reference at this meeting as a major item not on the agenda, pursuant to Section 46A(7)(a) of the Local Government Official Information and Meetings Act 1987, to enable a timely decision to be made.

Her Worship the Mayor/Courtney Carried

Attachments

1 A1786327 Late Item - Forestry Advisory Group Term of Reference 27Jun2017

Manager Administration, Penny Langley, explained that at the last meeting the Terms of Reference for the Forestry Advisory Group was left to lie. The Subcommittee were asked to approve the Terms of Reference and amend the Delegations Register to reflect this approval.

Group Manager Infrastructure, Alec Louverdis advised that Council had, by resolution, specifically given the Forestry Advisory Group the ability to approve budgets and any other matters in relation to forestry operation.

The Chair noted that there was some confusion on where approval of the Terms of Reference should sit and asked that the matter be deferred to the next meeting and that officers provide a comprehensive report and consult with members of the committee to address any concerns.

Resolved COM/2017/023

That the Subcommittee

Leaves the item Forestry Advisory Group Terms of Reference to lie on the table and not be further discussed at this meeting; and

Requests officers to provide a comprehensive report to address members’ concerns and that this and Report R7509 be brought to the Commercial Subcommittee meeting to be held on 18 August 2017.

Peters/Courtney Carried

8. Capital Expenditure Programme 2016-17 - Requests for change

Document number R7606, agenda pages 30 - 32 refer.

Group Manager Infrastructure, Alec Louverdis, presented the report.

Resolved COM/2017/024

That the Subcommittee

Receives the report Capital Expenditure Programme 2016-17 - Requests for change (R7606).

Courtney/Peters Carried

Recommendation to Council COM/2017/025

That the Council

Approves, with respect to project 2570 Smart Building Improvements, that $48,000 of current year budget be transferred to 2017-18; and

Approves, with respect to project 1198 Civic House capital programme, that $326,000 of current year budget be transferred to 2017-18.

Courtney/Peters Carried

9. Referred report - Brook Valley Holiday Park Opening - Review

Document number R7919, agenda pages 33 - 40 refer.

Group Manager Community Services, Chris Ward presented the report.

Resolved COM/2017/026

That the Subcommittee

Receives the report Referred report - Brook Valley Holiday Park Opening - Review (R7919) and its attachment (R7266).

Her Worship the Mayor/Acland Carried

10. Exclusion of the Public

Resolved COM/2017/027

That the Subcommittee

Excludes the public from the following parts of the proceedings of this meeting.

Courtney/Peters 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	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.
2	Campground review - additional information	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)
3	Public Excluded Status Report - Commercial Subcommittee - 27 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)(h) To enable the local authority to carry out, without prejudice or disadvantage, commercial activities

The meeting went into public excluded session at 2.10pm and resumed in public session at 2.42.

11. Re-admittance of the Public

Resolved COM/2017/028

That the Subcommittee

Re-admits the public to the meeting.

Her Worship the Mayor/Peters Carried

There being no further business the meeting ended at 2.42pm.

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 4 July 2017, commencing at 9.05am

Present: Councillor T Skinner (Chairperson), Councillors M Courtney, K Fulton, B McGurk, M Rutledge (Deputy Chairperson) and S Walker

In Attendance: Councillors B Dahlberg, P Matheson and G Noonan, Acting Chief Executive (D Hammond), Group Manager Infrastructure (A Louverdis), Group Manager Community Services (C Ward), Senior Strategic Adviser (N McDonald), Policy Coordinator (J Loughnan), Property Parks and Facilities Asset Manager (A Petheram), Youth Councillors (F Sawyer and A Tonks), and Administration Adviser (L Canton)

Apologies: Her Worship the Mayor R Reese, Councillor I Barker

1. Apologies

Resolved SPO/2017/063

That the Committee

Receives and accepts the apologies from Her Worship the Mayor R Reese and Councillor I Barker.

McGurk/Fulton Carried

2. Confirmation of Order of Business

The Chairperson advised that, since the agenda had been issued, four public forums had been scheduled.

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 Christopher St Johanser – Brook Valley Community Group

Christopher St Johanser spoke on behalf of the Brook Valley Community Group about the proposal for a mountain bike hub in the Tantragee and answered questions.

4.2 Mark Newton – Nelson Mountain Bike Club

Mark Newton spoke on behalf of the Nelson Mountain Bike Club about Andrews Farm as the proposed Brook mountain bike hub location and answered questions.

4.3 Peter Wilson

Peter Wilson spoke about the proposed Andrews Farm mountain bike hub and answered questions.

4.4 Michael Kidson

Michael Kidson tabled and read out an email from Marilyn Andrews about the proposed mountain bike hub at Andrews Farm.

Mr Kidson outlined his own views about the proposed mountain bike hub.

Attachments

1 A1786886 - Public Forum - Michael Kidson -Marilyn Andrews email on proposed mountain bike hub at Andrews Farm

5. Confirmation of Minutes

5.1 30 May 2017

Document number M2624, agenda pages 8 - 13 refer.

Resolved SPO/2017/064

That the Committee

Confirms the minutes of the meeting of the Sports and Recreation Committee, held on 30 May 2017, as a true and correct record.

Rutledge/Walker Carried

6. Status Report -Sports and Recreation Committee - 4 July 2017

Document number R8000, agenda pages 14 - 15 refer.

Group Manager Community Services, Chris Ward, and Property, Parks and Facilities Manager, Andrew Petheram answered questions.

It was noted that an updated status report (A1664423) had been tabled with revised comments for the Nelson Marina Strategy.

Resolved SPO/2017/065

That the Committee

Receives the Status Report Sports and Recreation Committee 4 July 2017 (R8000) and its attachment (A1664423).

Rutledge/Courtney Carried

Attachments

1 A1664423 - Status Report - Sports and Recreation Committee - 4Jul2017 tabled update

7. Chairperson's Report

The Chairperson drew the attention to the recent use of the recently re-opened Trafalgar Centre.

Recreation and Leisure

8. Reserve Management Plan for Sportsground Reserves - Classification of Land

Document number R7682, agenda pages 16 - 30 refer.

Policy Coordinator, Jane Loughnan presented the report. Ms Loughnan, Senior Strategic Advisor, Nicky McDonald and Acting Chief Executive, David Hammond answered questions.

In response to questions, Ms McDonald advised that the Reserves Act 1977 required Council to classify the area. She confirmed that the Recreation Reserve classification reflected the historic use of the area and therefore did not require public consultation. She added that whether or not the area was classified as Recreation Reserve now, any future change in use would trigger a change in classification and therefore would require public consultation.

In response to further questions, Mr Hammond explained that if Greenmeadows was not classified, it could not be included in the Sports and Reserves Management Plan (RMP). He said the RMP would then need to include adequate explanation of why Greenmeadows was excluded, and the process for bringing it into line with the Reserves Act.

Resolved SPO/2017/066

That the Committee

Receives the report Reserve Management Plan for Sportsground Reserves - Classification of Land (R7682) and its attachment (A1762264, A1779184, A1779126 and A1779218) ;

Fulton/McGurk Carried

The meeting agreed to consider the part of the recommendation to Council relating to the classification of Greenmeadows separately.

Recommendation to Council SPO/2017/067

That the Council

Classifies Ngawhatu Sportsfield (being titles NL13A/170, 24172 and 24173) under s16(2A)(g) of the Reserves Act 1977 as Recreation Reserve under s17 of that Act; and

Classifies Victory Square (being title NL2D/352) under s16(1) of the Reserves Act 1977 as Recreation Reserve under s17 of that Act by notice in the Gazette; and

Classifies part of Botanics Sportsfield (being title NL127/106) under s16(1) of the Reserves Act 1977 as Recreation Reserve under s17 of that Act by notice in the Gazette; and

Delegates the Chair of the Sports and Recreation Committee to approve the survey plan for the proposed classification for Greenmeadows; and

Fulton/Skinner Carried

Councillor Fulton, seconded by Councillor McGurk, moved the clause of the recommendation in the officer report relating to Greenmeadows

That the Council

Classifies Greenmeadows (being title NL114/188) under s16(1) of the Reserves Act 1977 as Recreation Reserve under s17 of that Act and Local Purpose (Community Purposes) Reserve under s23 of that Act as set out in Attachment One (A1762264), noting that a survey plan will be prepared before the notice is placed in the Gazette.

The Committee discussed whether leaving Greenmeadows unclassified would allow flexibility for a change in use in the near future. It was suggested that the Stoke Urban Design Strategy may identify a different use for the area, such as for additional parking.

A view was expressed that the appropriate process was for Council to confirm the reserve status of the land so it could be included in the RMP for community engagement on its future use.

Attendance: The meeting adjourned from 10.55am until 11.14pm.

Councillor Courtney, seconded by Councillor Rutledge, moved an amendment that Council defer the classification of Greenmeadows until after the Stoke Urban Design Strategy was developed.

The amendment was put and carried, and became the substantive motion.

Recommendation to Council SPO/2017/068

That the Council

Defers classification of Greenmeadows (being title NL114/188) under the Reserves Act 1977 until after the Stoke Urban Design Strategy is considered by Council.

Fulton/McGurk Carried

9. Brook Mountain Bike Hub Location

Document number R7804, agenda pages 31 - 50 refer.

Property Parks and Facilities Asset Manager, Andrew Petheram, presented the report and answered questions.

During a discussion about the proposed parking area on the ex-logging skid site referred to as Site B, it was noted that access to the site carried safety risks associated with the narrow road, road surface, and poor sight lines that would likely be difficult to address within the budget of $140,000, and that this was not the preferred site of the Nelson Moutain Bike Club. It was suggested that developing only Site A at Andrews Farm could lead to encroachment onto Andrews Farm. The importance of adequate screening and planting of Site A was also discussed.

Resolved SPO/2017/069

That the Committee

Receives the report Brook Mountain Bike Hub Location (R7804); and its Attachments A1759468, and A1775817;

McGurk/Rutledge Carried

Councillor Skinner, seconded by Councillor Fulton, moved

That the Committee

Directs officers to proceed with detailed design and costings for the Brook Mountain Bike Hub at Andrews Farm shown for both Sites A and B as per Attachment 2 in Report 7804, with approximately thirty car parks, a toilet and wash down facility with access to a parking area at the ex-logging skid site and reports back to a future S&R Committee for a decision to proceed.

Attendance: The meeting adjourned from 12.05pm until 12.17pm.

Councillor Courtney, seconded by Councillor Rutledge moved an amendment to approve Option 2 in the officer report to develop the Andrews Farm site only.

The amendment was put and carried and became the substantive motion.

Resolved SPO/2017/070

That the Committee

Approves, subject to the resource consent process, the site for the Brook Mountain Bike Hub at Andrews Farm shown as Site A on Attachment 2 Brook MTB Hub Plan A1775817 as per Report 7804, with approximately thirty carparks, a toilet and wash down facility.

Skinner/Fulton Carried

10. Network Tasman Easement - Greenmeadows Reserve

Document number R7940, agenda pages 51 - 55 refer.

Resolved SPO/2017/071

That the Committee

Receives the report Network Tasman Easement - Greenmeadows Reserve (R7940) and its attachment (A1776981)

Rutledge/McGurk Carried

Recommendation to Council SPO/2017/072

That the Council

Confirms the easement be agreed under section 48(1) (d) of the Reserves Act 1977, acting pursuant to a delegation from the Minister of Conservation.

Rutledge/McGurk Carried

11. Exclusion of the Public

Resolved SPO/2017/073

That the Committee

Excludes the public from the following parts of the proceedings of this meeting.

Courtney/Walker Carried

Item

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Particular interests protected (where applicable)

Sports and Recreation Committee Meeting - Public Excluded Minutes - 30 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).

Status Report - Sports and Recreation- Public Excluded - 4 July 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

The meeting went into public excluded session at 12.32pm and resumed in public session at 12.34pm.

Please note that as the only business transacted in public excluded was to confirm the minutes and receive the status report, this business has been recorded in the public minutes. In accordance with the Local Government Official Information Meetings Act 1987, no reason for withholding this information from the public exists.

Resolved SPO/2017/074

That the Committee

Confirms the minutes of part of the meeting of the Sports and Recreation Committee, held with the public excluded on 30 May 2017, as a true and correct record.

Rutledge/Skinner Carried

Resolved SPO/2017/075

That the Committee

Receives the public excluded Status Report Sports and Recreation Committee 4 July 2017 (R8001) and its attachment (A1661548).

Walker/Courtney Carried

12. Re-admittance of the Public

Resolved SPO/2017/076

That the Committee

Re-admits the public to the meeting.

Walker/Skinner Carried

There being no further business the meeting ended at 12.35pm.

Confirmed as a correct record of proceedings:

Chairperson Date

Minutes of a meeting of the Community Services Committee

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

On Thursday 13 July 2017, commencing at 9.05am

Present: Councillor G Noonan (Chairperson), Councillors M Courtney (Deputy Chairperson), K Fulton, B McGurk, and M Rutledge

In Attendance: Councillors I Barker and S Walker, Acting Chief Executive (D Hammond), Group Manager Community Services (C Ward), Senior Strategic Adviser (N McDonald), Manager Communications (P Shattock), Manager Community Partnerships (S Raggett), Policy Advisor (G Thorpe), and Administration Adviser (L Canton)

Apologies: Her Worship the Mayor R Reese, and Councillors M Lawrey and P Matheson

1. Apologies

Resolved CS/2017/041

That the Committee

Receives and accepts the apologies from Her Worship the Mayor and Councillors Lawrey and Matheson.

McGurk/Courtney Carried

Attendance: Councillor Fulton joined the meeting at 9.06am.

2. Confirmation of Order of Business

There was no change to the order of business.

3. Interests

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

4. Public Forum

4.1 Steve Cross - Nelson Residents Association

Steve Cross, of the Nelson Residents Association, tabled a document outlining the Nelson Residents’ Association preferred governance structure for the Nelson Arts Festival (A1788894). He spoke to the document and answered questions.

Attachments

1 A1788894 - Nelson Residents Association - Public Forum - Nelson Arts Festival Governance

5. Confirmation of Minutes

5.1 1 June 2017

Document number M2643, agenda pages 7 - 13 refer.

Resolved CS/2017/042

That the Committee

Confirms the minutes of the meeting of the Community Services Committee, held on 1 June 2017, as a true and correct record.

McGurk/Courtney Carried

6. Status Report - Community Services Committee- 13 July 2017

Document number R8023, agenda pages 14 - 15 refer.

Resolved CS/2017/043

That the Committee

Receives the Status Report Community Services Committee 13 July 2017 (R8023) and its attachment (A1157454).

McGurk/Courtney Carried

7. Chairperson's Report

Document number R8040, agenda pages 16 - 17 refer.

The Chairperson presented the report and answered questions.

Resolved CS/2017/044

That the Committee.

Receives the Chairperson's Report (R8040).

Fulton/Rutledge Carried

Community Development

8. Adoption of the Youth Strategy

Document number R8017, agenda pages 18 - 74 refer.

Policy Advisor, Gabrielle Thorpe, presented the report. She tabled the draft Strategy that had been released for consultation (A1762721).

Ms Thorpe and Manager Community Partnerships, Shanine Raggett, answered questions.

The Committee discussed the proposed amendments to the draft Youth Strategy set out in Attachment 1 to the officer report and agreed the following additional amendments:

· Agenda page 27, Goal 1, first bullet point: Add “whanau/family relationships” after “positive choices”.

· Agenda page 27, Goal 1, third bullet point:

o Add “and their whanau’s/family’s” after “young people’s”; and

o Add “which will support positive youth development” after “available services”.

· Agenda page 27, Goal 3, third bullet point: Remove ‘local’.

Resolved CS/2017/045

That the Committee

Receives the report Adoption of the Youth Strategy (R7924) and it’s attachments w(A1770987, A1786478 and A1580206); and

Amends the Youth Strategy, as appropriate, based on community feedback.

McGurk/Rutledge Carried

Attachments

1 A1732721 - Draft Youth Strategy released for consultation

Recommendation to Council CS/2017/046

That the Council

Adopts the Youth Strategy (A1580206).

McGurk/Courtney Carried

9. Youth Council Update

There was no Youth Council update.

REPORTS FROM COMMITTEES

10. Nelson Youth Council - 12 May 2017

Document number M2563, agenda pages 75 - 82 refer.

Resolved CS/2017/047

That the Committee

Receives the minutes of a meeting of the Nelson Youth Council, held on 12 May 2017.

McGurk/Fulton Carried

11. Exclusion of the Public

Resolved CS/2017/048

That the Committee

Excludes the public from the following parts of the proceedings of this meeting.

Noonan/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)

Community Services Committee Meeting - Public Excluded Minutes - 1 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)(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.

Status Report - Community Services Committee - Public Excluded - 13 July 2017

Section 48(1)(a)

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

The withholding of the information is necessary:

· Section 7(2)(a)

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

The meeting went into public excluded session at 10.13am and resumed in public session at 10.20am.

Please note that as the only business transacted in public excluded was to confirm the minutes, receive the status report, and release the status report item to the public, this business has been recorded in the public minutes. In accordance with the Local Government Official Information Meetings Act 1987, no reason for withholding this information from the public exists.

Resolved CS/2017/049

That the Committee

Confirms the minutes of part of the meeting of the Community Services Committee, held with the public excluded on 1 June 2017, as a true and correct record.

McGurk/Courtney Carried

Resolved CS/2017/050

That the Committee

Receives the public excluded Status Report Community Services Committee 13 July 2017 (R8024) and its attachment (A1787067).

McGurk/Rutledge Carried

Resolved CS/2017/051

That the Committee

Releases to the public the Status Report item from 1 June 2017 “Community Investment Funding Panel Membership” as, in accordance with the Local Government Official Information Meetings Act 1987, no reason for withholding this information from the public exists:

That the Committee

Requests that a report be brought to the Community Services Committee following the completion of funding allocations for the 2017/18 year, considering the efficacy of the allocation process, the performance of the Community Investment Funding Panel, and any other relevant issues.

Noonan/Courtney Carried

12. Re-admittance of the Public

Resolved CS/2017/052

That the Committee

Re-admits the public to the meeting.

Rutledge/McGurk Carried

There being no further business the meeting ended at 10.18am.

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 27 July 2017, commencing at 9.00am

Present: Her Worship the Mayor R Reese (Co-Chairperson), Councillor B McGurk (Co-Chairperson), Councillors L Acland, I Barker, B Dahlberg, K Fulton, and S Walker, and Ms G Paine

In Attendance: Councillor P Matheson, Group Manager Strategy and Environment (C Barton), Group Manager Community Services (C Ward), Senior Strategic Adviser (N McDonald), Manager Consents and Compliance (M Bishop), Manager Building (M Brown), Team Leader Regulatory (B Edwards), Senior Infrastructure Planner (L Gibellini), Manager Environment (M Heale), Team Leader Science and Environment (J Martin), Environmental Programmes Adviser (S Moore-Lavo), Manager Communications (P Shattock), Strategy and Environment Analyst (B Wayman), Team Leader Building Consents (C Wood), Administration Adviser (L Canton), and Youth Councillors B Rumsey and J Morgan

Apologies: Nil

1. Apologies

There were no apologies.

2. Confirmation of Order of Business

There was no change to the order of business.

3. Interests

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

4. Public Forum

There was no public forum.

5. Confirmation of Minutes

5.1 25 May 2017

Document number M2616, agenda pages 7 - 12 refer.

Resolved PR/2017/030

That the Committee

Confirms the minutes of the meeting of the Planning and Regulatory Committee, held on 25 May 2017, as a true and correct record.

Her Worship the Mayor/McGurk Carried

6. Status Report - Planning and Regulatory Committee - 27 July 2017

Document number R8080, agenda pages 13 - 16 refer.

Resolved PR/2017/031

That the Committee

Receives the Status Report Planning and Regulatory Committee 27 July 2017 (R8080) and its attachment (A1736802).

Walker/Paine Carried

7. Co-Chairperson's Report

Document number R8070, agenda pages 17 - 20 refer.

Her Worship the Mayor, Rachel Reese presented the report.

Resolved PR/2017/032

That the Committee

Receives the Co-Chairperson's Report (R8070); and

Refers to Council all powers of the Planning and Regulatory Committee relating to the Brook Waimarama Sanctuary Trust applications for further funding from the provision set aside in the Annual Plan 2017/18.

Her Worship the Mayor/Barker Carried

8. Co-Chairperson's Report

Document number R8111, agenda pages 21 - 22 refer.

Co-chairperson Councillor McGurk presented the report.

Resolved PR/2017/033

That the Committee

Receives the Co-Chairperson's Report (R8111) and notes the contents.

Her Worship the Mayor/McGurk Carried

9. Strategy and Environment Report for 1 April - 30 June 2017

Document number R7917, agenda pages 23 - 91 refer.

Manager Environment, Matt Heale, Team Leader Regulatory, Brent Edwards, Manager Consents and Compliance, Mandy Bishop, and Team Leader Building Consents, Chris Wood, presented the report. They provided updates and together with Senior Infrastructure Planner, Lisa Gibellini, answered questions.

Attendance: Mrs Paine left the meeting from 9.36am to 9.37am.

Resolved PR/2017/034

That the Committee

Receives the report Strategy and Environment Report for 1 April - 30 June 2017 (R7917) and its attachments (A1774079, A1786088, A1784621, A1791943, A1777407 and A1791962).

Fulton/Barker Carried

Resolved PR/2017/035

That the Committee

Approves the Nelson City Council Dog Control Activity Report 2016-2017 in Attachment 1 to Report R7917 (A1786088); and

Approves the Nelson District Licensing Committee Annual Report 2016-2017 in Attachment 2 to Report R7917 (A1784621); and

Accepts the Nelson Plan Overview of Workshop Recommendations and Direction in Attachment 5 to Report R7917 (A 1777407).

Barker/Fulton Carried

10. Voice Nelson - Warrant of Fitness for Rental Housing

Document number R8063, agenda pages 92 - 94 refer.

Manager Building, Martin Brown, and Team Leader Building Consents, Chris Wood, presented the report.

Resolved PR/2017/036

That the Committee

Receives the report Voice Nelson - Warrant of Fitness for Rental Housing (R8063).

Her Worship the Mayor/Dahlberg Carried

Resolved PR/2017/037

That the Committee

Requests a report be brought to the Committee in June 2018 providing any update on Central Government or Local Government adoption of a Warrant of Fitness Scheme for Rental Housing.

Walker/Barker Carried

11. Draft Terms of Reference for the Co-ordination Group for the Waimea Inlet

Document number R7743, agenda pages 95 - 105 refer.

Environmental Programmes Adviser, Susan Moore-Lavo, presented the report. She advised that Tasman District Council had approved the terms of reference but had overlooked adding a revision date.

The committee expressed a preference to amend the terms of reference in line with the officer recommendation to include a three yearly revision clause.

Her Worship the Mayor noted that Councillor Dahlberg had expressed an interest in being Council’s representative on the Co-ordination Group.

Resolved PR/2017/038

That the Committee

Receives the report Draft Terms of Reference for the Co-ordination Group for the Waimea Inlet (R7743) and its attachment (A1779297).

Her Worship the Mayor/Walker Carried

Recommendation to Council PR/2017/039

That the Council

Agrees to adopt the terms of reference (A1779297) for the Co-ordination Group for the Waimea Inlet with an amendment to add a revision clause; and

Appoints Councillor Dahlberg as Nelson City Council’s representative on the Co-ordination Group for the Waimea Inlet.

Her Worship the Mayor/Barker Carried

12. Proposal for Top of the South Conservation Partnership: Memorandum of Understanding

Document number R7765, agenda pages 106 - 119 refer.

Environmental Programmes Adviser, Susan Moore-Lavo, presented the report and provided updates.

Resolved PR/2017/040

That the Committee

Receives the report Proposal for Top of the South Conservation Partnership: Memorandum of Understanding (R7765) and its attachment (A1777693).

McGurk/Her Worship the Mayor Carried

Recommendation to Council PR/2017/041

That the Council

McGurk/Her Worship the Mayor Carried

Attendance: Councillor Acland left the meeting at 9.50am.

13. NPS-UDC Quarterly Monitoring Report March 2017

Document number R7967, agenda pages 120 - 138 refer.

Strategy and Environment Analyst, Brylee Wayman presented the report.

Resolved PR/2017/042

That the Committee

Receives the report NPS-UDC Quarterly Monitoring Report March 2017 (R7967) and its attachment (A1779576)

Her Worship the Mayor/Dahlberg Carried

There being no further business the meeting ended at 9.56am.

Confirmed as a correct record of proceedings:

Chairperson Date

Role	2016/17 annual remuneration	2017/19 annual remuneration
Mayor	$128,875	$131,066
Deputy Mayor	$59,670	$60,984
Committee Chairperson (4)	$48,134	$48,952
Deputy Committee Chair (4)	$41,769	$42,479
Councillor	$39,780	$40,452