Nelson City Council Minutes - 20 March 2018
Minutes of a meeting of the Nelson City Council
Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson
On Tuesday 20 March 2018, commencing at 9.07am
Present: Her Worship the Mayor R Reese (Chairperson), Councillors L Acland, I Barker, M Courtney, B Dahlberg, K Fulton, M Lawrey, B McGurk, G Noonan, M Rutledge, T Skinner and S Walker
In Attendance: Chief Executive (P Dougherty), Group Manager Infrastructure (A Louverdis), Group Manager Environmental Management (C Barton), Group Manager Community Services (C Ward), Group Manager Corporate Services (N Harrison), Acting Group Manager Strategy and Communications (N McDonald), Team Leader Governance (R Byrne) and Governance Adviser (E Stephenson) and Youth Councillors R Panting and M Schneider
Apologies : Councillor P Matheson
Opening Prayer
Councillor Skinner gave the opening prayer.
1. Apologies
|
Resolved CL/2018/018 That the Council Receives and accepts the apologies from Councillor P Matheson for attendance Walker/Noonan Carried |
2. Confirmation of Order of Business
Her Worship the Mayor noted that some items in the Agenda would be dealt with out of order to allow officers and public forum speakers to be in attendance.
Her Worship the Mayor asked that if an elected member had a conflict of interest in relations to items included in the Long Term Plan consultation document, that they could signal this if the item was discussed.
There were no further updates to the Interests Register, and no interests with items on the agenda were declared.
4.1 Paul McIntyre, Fundraising and Marketing Manager, and Frans Dellebeke, Chief Executive, of Nelson Tasman Hospice gave a presentation, tabled a report and spoke about the waiver/reduction of development fees for the new Hospice facility being built in Suffolk Road.
Her Worship the Mayor Rachel Reese acknowledged the contribution of the Pearly Queen, Shirley Miles and asked for Council’s condolences to be passed to her family.
Mr McIntyre and Mr Dellebeke answered questions on alternative funding sources and the timeline for building the new Hospice.
|
1 Nelson Tasman Hospice Powerpoint Public Forum Council 20Mar2018 (A1933998) 2 Nelson Tasman Hospice Tabled Document Public Forum Council 20Mar2018 (A1934006). |
4.2 Mark Lile, Landmark Lile Ltd
Mark Lile gave a presentation and spoke to the following Special Housing Area applications on the agenda.
|
4.2.1 3D Hill Street North. Accompanied by shareholder and director, Russel Campbell |
|
|
|
1 3D Hill Street Powerpoint Public Forum Council 20Mar2018 (A1933142 |
|
|
1 2 City Heights Powerpoint Public Forum Council 20Mar2018 (A1933146) |
|
4.2.3 31 Tipahi Street, accompanied by Nick Fisher |
|
|
|
1 31 Tipahi Street Powerpoint Public Forum Council 20Mar2018 (A1933149 |
Mr Lile and Mr Whiting answered questions on the legal Right of Way, the additional site and future development.
|
|
Resolved CL/2018/019 That the Council: Receives the report Special Housing Areas Requests January 2018 (R9066) and its attachments; and Approves 3D Hill Street North (A1923031), subject to the developer entering into a legal Deed with the Council which requires, amongst other matters, that the developer, at its sole cost, shall: (i) design, obtain all necessary consents for, and construct any additional infrastructure, or upgrades to the Council’s infrastructure, required to support the development of the SHA; and; (ii) submit the approval of the urban design panel with any application for resource consent; and (iii) satisfy the Group Manager Infrastructure that a wastewater system will be available to Hill Street North to service the SHA. The works and their timing shall be identified in the Deed and/or a Private Developers Agreement prior to the SHA being recommended to the Associate Minister. Approves 2 City Heights (A1922971), subject to the developer entering into a legal Deed with the Council which requires, amongst other matters, approval by the Urban Design Panel, and that the developer, at its sole cost, shall design, obtain all necessary consents for, and construct any additional infrastructure, or upgrades to the Council’s infrastructure, required to support the development of the SHA; and Approves 31 Tipahi Street (A1923200), subject to the developer entering into a legal Deed with the Council which requires, amongst other matters, approval by the Urban Design Panel, and that the developer, at its sole cost, shall design, obtain all necessary consents for, and construct any additional infrastructure, or upgrades to the Council’s infrastructure, required to support the development of the SHA; and Approves 397 Suffolk Road, including 395 Suffolk Road (updated A1923185), with, subject to the developer entering into a legal Deed with the Council which requires, amongst other matters, approval by the Urban Design Panel, and that the developer, at its sole cost, shall design, obtain all necessary consents for, and construct any additional infrastructure, or upgrades to the Council’s infrastructure, required to support the development of the SHA. Approves that Her Worship the Mayor recommend those potential areas 3D Hill Street North, 2 City Heights, 31 Tipahi Street, and 397 Suffolk Road to the Associate Minister of Housing and Urban Development for consideration as Special Housing Areas under the Housing Accord and Special Housing Areas Act 2013 as amended by the Housing Legislation Amendment Act 2016. |
|
|
1 SHA 397 Suffolk Road Summary form for MBIE (A1923185) |
6. Recommendations from Planning and Regulatory Committee - 22 February 2018
6.1 Nelson Tasman Hospice - Authority to Consider Development Contributions
|
Resolved CL/2018/020 That the Council Considers the matter of the Nelson Tasman Hospice Development Contributions. |
6.2 Authority to Review the Development and Financial Contributions Policy 2015
|
Resolved CL/2018/021 That the Council Undertakes the review of the Development and Financial Contributions Policy 2015. |
6.3 Resource Management and Special Housing Areas charges
|
Resolved CL/2018/022 That the Council: Approves the charges as under the Resource Management Act 1991 and Housing Accord and Special Housing Areas Act 2013 (A1822386) to commence from 21 March 2018. |
6.4 Dog Control Policy and Bylaw Review
|
Resolution CL/2018/023 below was revoked at the 14 November 2019 Council meeting, via the Delegations Register report (resolution CL/2019/234) |
|
Resolved CL/2018/023 That the Council: Undertakes the review of the Dog Control Policy and Bylaw. |
|
|
Resolved CL/2018/024 That the Council: Receives the report Nelson Tasman Hospice - Development Contributions (R8896); and Declines the request from the Nelson Tasman Hospice for waiving or reducing of development contributions for the new hospice; and Encourages that the Nelson Tasman Hospice make a submission to both the Nelson City Council and Tasman District Council for funding for the project during their respective Long Term Plan consultations. |
The meeting adjourned at 10.45am and reconvened at 11.10am
|
8 Review of the Development and Financial Contributions Policy 2015 (Item 16 of the Agenda) |
|
|
Document number R8921, agenda pages 81 - 154 refer. Team Leader, City Development Lisa Gibellini and Senior City Development Planner Alistair Upton presented the report, noting that in page 87 of the agenda, under Status Quo, reserves should read $3.6m, not $2.6m. Ms Gibellini tabled a new paragraph for the Development Contributions policy as audit had asked for changes to growth projections. She answered questions on exemptions, development processes and flood protection.
|
|
|
|
Resolved CL/2018/025 That the Council: Receives the report Review of the Development and Financial Contributions Policy 2015 (R8921) and its attachments (A1918429 and A1928523, and tabled document A); and Approves the adoption of the draft Development Contributions Policy 2018, including amendments to section 6.6.2 Growth Projections, and consultation document for concurrent consultation with the Long Term Plan 2018-2028. |
|
|
1 Development Contributions Policy tabled document 20Mar2018 (A1941281) |
9. Confirmation of Minutes
9.1 Council 22 February 2018
Document number M3286, agenda pages 16 - 22 refer.
|
Resolved CL/2018/026 That the Council Confirms the minutes of the meeting of the Council, held on 22 February 2018, as a true and correct record. |
9.2 Council 8 March 2018
Document number M3330, agenda pages 23 - 26 refer.
|
Resolved CL/2018/027 That the Council Confirms the minutes of the meeting of the Council, held on 8 March 2018, as a true and correct record. |
10. Status Report - Council - 20 March 2018
Document number R9110, agenda pages 27 - 37 refer.
|
Resolved CL/2018/028 That the Council Receives the report Status Report - Council - 20 March 2018 (R9110) and its attachment (A1168168). |
Document number R9097, agenda pages 38 - 43 refer.
The Remuneration Authority Amendment Determination 2018 was tabled.
|
Resolved CL/2018/029 That the Council Receives the report Mayor's Report (R9097) and its attachment (A1922838); and Receives the Remuneration Authority Amendment Determination 2018; and Updates the Nelson City Council Delegations Register to reflect that all powers of the Planning and Regulatory Committee relating to Development contributions associated with the Nelson Tasman Hospice; the review of the development and Financial Contributions Policy 2015 and the Dog Control Policy and Bylaw are referred to Council. |
|
1 180220 LG Members (2017-18) (Local Authorities) Amendment Determination 2018 - signed |
Attendance: Councillor Lawrey left the meeting at 12.00p.m.
RECOMMENDATIONS From Committees
Group Manager Community Services Chris Ward advised Council on the terms of the loan and the Trust’s ability to repay and noted that the recommendation had been made in discussion with the Chair of the Trust.
Attendance: Councillor Lawrey returned to the meeting at 12.04p.m.
|
Resolved CL/2018/030 That the Council Agrees to take on the Nelson Historic Theatre Trust’s loan of $632,256 from the Nelson Building Society; and Confirms that it expects the Nelson Historic Theatre Trust to repay the full loan amount (total $2,132,256); and Agrees to increase the mortgage over the building to $2,132,256; and Sets the loan repayment terms for the Nelson Historic Theatre Trust at $60,000 per year, payable quarterly (commencing in September 2018), with payment terms subject to review every five years .
|
13. Community Services Committee - 1 March 2018
13.1 Greenmeadows Centre - Referral of Delegation
|
Resolved CL/2018/031 That the Council
Considers, at its meeting of 20 March, matters relating to the Greenmeadows’ Centre budget and program update because of time constraints. |
14. Governance Committee - 8 March 2018
14.1 Policy Review: Appointment of Directors/Trustees of CCOs and CCTOs
|
Resolved CL/2018/032 That the Council Adopts the reviewed and amended Nelson City Council Policy for the Appointment of Directors/Trustees of Council Controlled Organisations and Council Controlled Trading Organisations (A284857). |
17. Adoption of the Consultation Document for the Long Term Plan 2018 - 28 and Related Documents
Document number R9061, agenda pages 74 - 80 refer.
Acting Group Manager Strategy and Communications Nicky McDonald and Group Manager Corporate Services Nikki Harrison presented their report and tabled amendments following Audit approval. They answered questions on Southern Link Investigation, financials, Council’s vision and regional identity. It was noted that there was a communications plan in place to publicise the opportunity to submit on the Consultation Document.
The following documents were tabled:
· Amendments to the Consultation Document for the Long Term Plan 2018 (A1933722)
· LTP 2018-28 - Draft Long Term Plan - Accounting Policies - 19Mar2018 (A1933613)
The meeting adjourned at 1.00pm and reconvened at 1.35pm at which time Councillor Acland was not present.
Parks and Facilities Asset Manager Andrew Petheram joined the meeting and answered questions on Wakapuaka sandflats, Saxton Field training ground, a mountainbike hub and Newman’s walkway.
|
Resolved CL/2018/033 That the Council Receives the report Adoption of the Consultation Document for the Long Term Plan 2018 - 28 and Related Documents (R9061) and its attachments: · Community Outcomes (A1901398); · Council Activity Summaries (A1889191 and A1895587); · Forecasting Assumptions (A1725210); · Financial Strategy (A1816122); · Infrastructure Strategy (A1816478); · Statement on Fostering Māori Participation in Council Decision Making (A1703725); · Revenue and Financing Policy (A1849376); · Funding Impact Statement (A1911642); · Rates Remission Policy (A1912191); · Financial Statements (Accounting Information) (A1928909); · Liability Management Policy (A1765543); · Investment Policy (A1261457); · Council Controlled Organisations (A1784915); · Consultation Document (A1927914) be received; and Approves the draft Long Term Plan 2018-28 Consultation Document and related documents for public consultation as amended; and Adopts, as amended, the Community Outcomes (A1901398), Council Activity Summaries (A1889191 and A1895587), Forecasting Assumptions (A1725210), Financial Strategy (A1816122), Infrastructure Strategy (A1816478), the Statement on fostering Māori participation in Council decision making (A1703725), Revenue and Financing Policy (A1849367); the Funding Impact Statement (rates) (A1911642); the Rates Remission Policy (A1912191); the Financial Statements (Accounting Information) (A1928909); the Liability Management Policy (A1765543); the Investment Policy (A1261457) and the Council Controlled Organisations (A1784915) as supporting information for the Consultation Document as required by section 93 G of the Local Government Act 2002; and Adopts the Revenue and Financing Policy (A1849376) and Rates Remission Policy (A1912191) for concurrent consultation with the Consultation Document under the provisions of section 82 of Local Government Act 2002, having considered all the reasonably practicable options; and Approves an extension to 23 April of the consultation period for the Statement of Proposal relating to the proposed contribution to the Waimea Dam project, in order to receive public feedback on the OPUS report, Drought Security – Maitai Dam and its supporting documents (A1928877); and Adopts the Request for Further Submissions on the Proposed Contribution to the Waimea Dam Project; and Adopts the Long Term Plan 2018-28 Consultation Document (A1927914) as amended for a public submission process to run from 23 March to 23 April 2018; and Delegates the Mayor and Chief Executive to make any necessary minor editorial amendments prior to the documents being released for public consultation. |
|
1 LTP 2018-28 - Draft Long Term Plan - Accounting Policies - 19Mar2018 (A1933613) 2 Amendments to the Consultation Document for the Long Term Plan 2018 (A1933722). |
Attendance: Councillor Acland returned to the meeting at 2.03p.m.
18. Greenmeadows Centre Budget and Programme Update
Document number R9140, supplementary agenda pages 4 - 11 refer.
Group Manager Infrastructure Alec Louverdis and Manager Capital Projects Shane Davies presented the report.
It was noted that the matter of the delay in work on Greenmeadows Centre was also discussed at the Community Services Committee meeting on 28 November 2017.
Mr Louverdis and Mr Davies answered questions on additional work required, its complexity and the cost of a transformer.
Attendance: Councillor Fulton left the meeting from 2.40p.m. to 2.43p.m.
The meeting moved into Public Excluded to consider the matter under item 6 on the Public Excluded Agenda.
|
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: |
|
||||||
|
6. |
Greenmeadows Centre Budget and Programme Update
|
Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7 |
The withholding of the information is necessary: · Section 7(2)(h) To enable the local authority to carry out, without prejudice or disadvantage, commercial activities · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) |
|
|||
|
The meeting went into public excluded session at 3.00p.m. and resumed in public session at 3.46p.m. Attendance: Councillor Rutledge left the meeting from 3.46p.m. to 3.49p.m. |
||||||||
|
||||||||
|
Resolved CL/2018/036 That the Council Receives the report Greenmeadows Centre Budget and Programme Update (R9140); and Approves unbudgeted capital budget of up to $590,000 to enable the successful completion of the Greenmeadows Centre project, noting that several additional funding items set out in paragraph 4.8 of the Report (R9140) may not be approved; and Notes the expect completion date has been revised to end of June 2018. |
The meeting adjourned at 4.00p.m. and reconvened at 4.07p.m.
20. Further Delegations to the Hearings Panel - Other
Document number R8866, agenda pages 155 - 164 refer.
Group Manager Environmental Management Clare Barton presented the report.
|
Resolved CL/2018/037 That the Council Receives the report Further Delegations to the Hearings Panel - Other (R8866) and its attachment (A1912628); and Delegates the decision making on changes to the schedules to the Parking and Vehicle Control Bylaw that do not require public consultation to the Hearings Panel - Other; and Delegates the hearing of submissions and recommendation on proposed changes to the schedules to the Parking and Vehicle Control Bylaw requiring public consultation to the Hearings Panel - Other; and Delegates the administering body functions under section 48 of the Reserves Act 1977 on proposed rights of way and other easements on reserves vested in Council to the Hearings Panel – Other. |
21. Nelson Mountain Biking Economic study
Document number R8960, agenda pages 165 - 201 refer.
Property and Facilities Asset Planner Paul Harrington and Consultant Mark Cox from BERL presented the report and answered questions on services at the Hub, future investment and Nelson’s excellent reputation in the number and quality of its tracks.
Attendance: Councillor Lawrey left the meeting from 4.28p.m. to 4.35p.m.
Attendance: Councillor Noonan left the meeting from 4.33p.m. to 4.42pm
|
Resolved CL/2018/038 That the Council Receives the report Nelson Mountain Biking Economic study (R8960) and its attachment (A1905058). |
The Chief Executive Pat Dougherty was asked to advise why Item 7 of the Agenda needed to be considered with public excluded.
Mr Dougherty advised that the report was about a person and discussions should not be held in the public meeting. Members would also want to ask questions of himself and Council’s legal adviser or other staff and this advice would be confidential. Additionally, Council was carrying on negotiations with the person and if this was in public it would reveal Council’s negotiating position.
|
Resolved CL/2018/039 That the Council Excludes the public from the following parts of the proceedings of this meeting. The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows: |
|
Item |
General subject of each matter to be considered |
Reason for passing this resolution in relation to each matter |
Particular interests protected (where applicable) |
|
1.1 |
Council Meeting – Public Excluded Minutes - 22 February 2018 |
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
|
|
1.2 |
Council Meeting – Public Excluded Minutes - 8 March 2018 |
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) |
|
2 |
Status Report – Council – Public Excluded – 20 March 2018
|
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)(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. |
Recommendations from Committees Commercial Subcommittee 13 February 2018 |
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. |
Recommendations from Committees Chief Executive Employment Committee 27 February 2018 |
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
|
|
5. |
Recommendations from Committees Governance Committee 8 March 2018 |
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. |
Update – Statement of Understanding and city amenity matters
|
Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7 |
The withholding of the information is necessary: · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person · Section 7(2)(g) To maintain legal professional privilege · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) |
|
8. |
Haven Road property – further 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)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) |
|
9. |
Request for Proposals – Major Sporting Event
|
Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7 |
The withholding of the information is necessary: · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) |
|
10. |
Request for Leave of Absence
|
Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7 |
The withholding of the information is necessary: · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person |
The meeting went into public excluded session at 4.42p.m. and resumed in public session at 6.15p.m.
23. Re-admittance of the Public
|
Resolved CL/2018/040 That the Council Re-admits the public to the meeting. |
24. Notice of Motion from Councillor Lawrey- Impact of Blockages to the Wastewater Network
Document number R9086, agenda pages 202 - 204 refer.
Councillor Lawrey presented his Notice of Motion and advised he felt that, generally, the public was unaware that they should not put antibacterial wipes down the toilet and that this presented a risk to the environment and Council’s infrastructure.
|
Resolved CL/2018/041 That the Council Receives the report Notice of Motion - Impact of Blockages to the Wastewater Network (R9086) and its attachment (A1920088); and Writes to the manufacturers and distributors of antibacterial wipes sold in New Zealand requesting that they change their products’ packaging so that it clearly states that the wipes should not be flushed down toilets; and Writes to other councils to encourage them to write to the manufacturers and distributors of antibacterial wipes with the same request; and Writes to supermarket operators Progressive Enterprises and Foodstuffs to request that they develop in-store signage alerting customers to the dangers of disposing of antibacterial wipes down the toilet. |
There being no further business the meeting ended at 6.23p.m.
Confirmed as a correct record of proceedings:
Chairperson
Date