Nelson City Council Minutes - 3 May 2018

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Minutes of a meeting of the Nelson City Council

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

On Thursday 3 May 2018, commencing at 9.00am

 

Present:              Her Worship the Mayor R Reese (Chairperson), Councillors L Acland, I Barker, M Courtney, 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), Acting Group Manager Community Services (R Ball), Group Manager Corporate Services (N Harrison), Acting Group Manager Strategy and Communications (N McDonald), Kaihautū (P Lee), Team Leader Governance (R Byrne) and Governance Adviser (E Stephenson).  

Apologies:           Councillors P Matheson and B Dahlberg  

Opening Prayer

Councillor Skinner gave the opening prayer.

1.       Apologies

 

Resolved CL/2018/045

That the Council

Receives and accepts apologies from Councillor P Matheson and B Dahlberg.

Noonan/Skinner                                                                         Carried

2        Confirmation of Order of Business

 

An updated table for Item 17:Exclusion of the Public was tabled. 

The validity of Item 17 of the Agenda: Part 6 being discussed with the public excluded was debated. The Chief Executive strongly recommended the item be discussed with the public excluded as the privacy of an individual was involved and negotiations were continuing. 

Item 15 of the Agenda: Adoption of the Nelson City Events Strategy may be brought forward depending on the time constraints of a presenter.

Her Worship the Mayor welcomed Council’s newly appointed Kaihautū Pania Lee.

 

Attachments

1    A1965780 Updated Public Excluded Table   03May2018.pdf

 3.      Interests

Councillor Noonan advised that she had an interest in the item on Climate Change however this was no more than that of the general public. 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 20 March 2018

Document number M3353, agenda pages 12 - 31 refer.

Resolved CL/2018/046

That the Council

Confirms the minutes of the meeting of the Council, held on 20 March 2018, as a true and correct record.

Courtney/Barker                                                                         Carried

5.2 17 April 2018 - Extraordinary Meeting

Document number M3436, agenda pages 32 - 34 refer.

Resolved CL/2018/047

That the Council

Confirms the minutes of the extraordinary meeting of the Council, held on 17 April 2018, as a true and correct record.

McGurk/Walker                                                                           Carried

The meeting adjourned from 9.20am until 9.24am.

Reports From Committees

6        Joint Committee – 27 March 2018

 

6.1 Appointment of Independent Director to NRSBU

 

Resolved CL/2018/048

That the Council

Confirms the process to appoint an Iwi representative is instigated as a priority; and

Confirms that an independent member be appointed to the Nelson Regional Sewerage Business Unit Committee; and then

Go through a recruitment and remuneration process to appoint an independent member to (and potentially Chair) the NRSBU in accordance with the Joint Councils Policy for the Appointment of Directors/Trustees of CCO’s and CCTO’s (A537882).

Fulton/Walker                                                                             Carried

 7.      Works and Infrastructure Committee - 29 March 2018

7.1 Nelson Tasman Regional Landfill Business Unit - Draft Business Plan 2018/19

Resolved CL/2018/049

That the Council

Receives the report Nelson Tasman Regional Landfill Business Unit - Draft Business Plan 2018/19 (R9130) and its attachments (A1928700 and A1928697) and provides feedback that can be forwarded to the General Manager of the Nelson Tasman Regional Landfill Business Unit; and

Approves the Nelson Tasman Regional Landfill Business Unit Deed of Agreement being amended to allow for the retention of up to $300,000 of surpluses to be held in the Business Unit’s closed account for the purpose of managing year-by-year income fluctuations, subject to an equivalent resolution being passed by the Tasman District Council.   

Walker/Fulton                                                                             Carried

 

7.2 Nelson Regional Sewerage Business Unit Annual Report 2016/17

Resolved CL/2018/050

That the Council

Receives the Nelson Regional Sewerage Business Unit Annual Report 2016/17 (A1918255) attached to report R9132.      

Walker/Skinner                                                                           Carried

 

8        Sports and Recreations Committee - 03 April 2018

 

8.1 Review of Natureland Funding and Business Plan

Councillor Rutledge declared an interest and stepped away from the table.

 

Resolved CL/2018/051

That the Council

Considers Natureland funding as part of the Long Term Plan 2018-28 deliberations.

Skinner/Noonan                                                                         Carried

9.       Planning and Regulatory Committee - 5 April 2018

9.1 Changes to the Nelson Resource Management Plan to Give Effect to the National Environmental Standard for Plantation Forestry

Resolved CL/2018/052

That the Council

Approves that changes be made to the Nelson Resource Management Plan in accordance with A1923819 of Report R9128 in order to implement the National Environmental Standard for Plantation Forestry.

McGurk/Her Worship the Mayor                                                  Carried

10.     Community Services Committee - 12 April 2018

 10.1     Community Lease  - Melrose House

Resolved CL/2018/053

That the Council

Approves the granting of a Community Lease for the Colonel Noel Percy Adams Trust (Melrose) Society at Melrose House as shaded in red on attachment one (A1893139) for a term of five years with one right of renewal of five years at an annual rent of $200 + GST and a rent review at five years.

Noonan/Courtney                                                                       Carried

11.     Governance Committee - 19 April 2018

11.1 Bishop Suter Trust Half Yearly Report to 31 December 2017 and Draft Statement of Intent 2018/19

Resolved CL/2018/054

That the Council

Agrees that the Bishop Suter Trust Statement of Intent 2018/19 (A1923167) meets Council’s expectations and is approved as the final Statement of Intent for 2018/19, subject to confirmation of funding for the Trust in the Long Term Plan 2018-28.

Barker/Courtney                                                                         Carried

11.2 Nelson Regional Development Agency Half Yearly Report to 31 December 2017 and Draft Statement of Intent 2018/19

 

Resolved CL/2018/055

That the Council:

Agrees that the Nelson Regional Development Agency’s draft Statement of Intent 2018/19 (A1943599) meets Council’s expectations and is approved as the final Statement of Intent for 2018/19.

Barker/Courtney                                                                         Carried

12.     Mayor's Report (Item 13 of the Agenda)

Document number R9252, agenda pages 35 - 41 refer.

Her Worship the Mayor Reese spoke to her report and outlined to elected members her discussions with the Deputy Mayor, who would like to step back from his mentoring and supporting roles and give more focus to the Deputy Mayor role. She outlined the reasons behind the proposed changes to Committee membership.  

Her Worship the Mayor Reese further noted that no remits had been received for the Local Government New Zealand AGM.

Councillor Rutledge called a point of order and quoted Standing Order 24.2d - misrepresentation made by a member.  Her Worship the Mayor upheld the point of order.  

Resolved CL/2018/056

That the Council

Receives the report Mayor's Report (R9252); and

Amends the membership of the following Committees on a permanent basis, effective immediately, as follows: 

·    Works and Infrastructure Committee

Chair

Deputy Chair

Membership

Stuart Walker

(no change)

Paul Matheson

Mike Rutledge

No change

·    Regional Transport Committee

Chair

Deputy Chair

Membership

Paul Matheson

Mike Rutledge

Gaile Noonan

(no change)

No change

·    Governance Committee

Chair

Deputy Chair

Membership

Ian Barker

(no change)

Bill Dahlberg

(no change)

Paul Matheson

Stuart Walker

·    Chief Executive Employment Committee

Chair

Deputy Chair

Membership

Her Worship the Mayor

Not Applicable

Paul Matheson

Gaile Noonan

·    Sports and Recreation Committee

Chair

Deputy Chair

Membership

Tim Skinner

Mike Rutledge

Bill Dahlberg

Mike Rutledge

Amends the membership of the following Committee on a permanent basis from Monday 7 May 2018

·    Saxton Field Committee

Membership

Chair of Community Services Committee

Chair of Sports & Recreation Committee (no change)

Deputy Chair of Sports & Recreation Committee

and

Updates the Delegations Register accordingly following the outcome of this report.

Her Worship the Mayor/Noonan                                                  Carried

 

Her Worship the Mayor Reese thanked the Deputy Mayor for his very significant contribution in supporting newly elected members of Council over the previous eighteen months.

13.     Adoption of the Nelson City Events Strategy (Item 15 of the Agenda)

Document number R8625, agenda pages 58 - 107 refer.

Policy Adviser Gabrielle Thorpe presented the report in conjunction with Mark Rawson, Chief Executive of Nelson Regional Development Agency.

Ms Thorpe noted a spelling error in Page 66 of the Agenda,  ‘compromised’  should read ‘comprised’. She recapped that officers had consulted with 160 organisations interested in event management over a four week period. Feedback resulted in the proposed changes to the strategy. She answered questions on the application process, community event funding and use of events ambassadors.  

Resolved CL/2018/057

That the Council

Receives the report Adoption of the Nelson City Events Strategy (R8625) and its attachments (A1827196, A1948529, A1938616, A1948251, A1938761); and

Adopts the Nelson City Events Strategy noting the amendment (A1827196).

Noonan/Rutledge                                                                       Carried

 

The meeting adjourned at 10.55am and reconvened at 11.14am.

14      Regional Transport Committee  - 26 April 2018 (Item 12 of the Agenda)

 

14.1 Submission on the Draft Government Policy Statement 2018 on Land Transport

The Regional Transport Committee Submission on the Draft Government Policy Statement 2018 on Land Transport was tabled.

Acting Senior Strategic Adviser Mark Tregurtha explained that the Regional Transport Committee has submitted its submission on 1 May.  Council could make amendments to the submission and this would be attached to a covering letter outlining the changes made, also advising that the Chair of the Regional Transport Committee was in agreement. 

It was noted that the Government’s focus was on railway and the submission addressed the inequity this would create to the Nelson Tasman region.  The following changes were proposed:

14.  Change commuter to interregional commuter

20.  Change the second sentence to "Nelson's waterfront has the capacity    to be a world class visitor attraction, with a focus on walking and      cycling recreation, but is compromised by a lack of adequate walking     and cycling infrastructure and a constrained network that mixes heavy vehicles and high volumes of traffic." Follow with … and a constrained network that mixes …..

39  Change to supports alternative passenger and freight transport

40.4 Change to the GPS acknowledges regions without rail require a transport arterial network that provides similar efficiency to a rail network for the purposes of freight and passenger transport …  

It was noted that the region could be seriously disadvantaged as it relied heavily on road transport; the impact could be a higher charge for freight, if the Auckland petrol tax was spread around the country this would impact the region and additional petrol tax for rail services also meant the region would not receive a return. 

 

Resolved CL/2018/058

That the Council

Endorse the submission on the Draft Government Policy Statement 2018 on Land Transport from the Regional Transport Committee with minor amendments.

Rutledge/Barker                                                                         Carried

 

Attachments

1    A1965811 RTC Submission to GPS 03May2018

  15.  Status Report - 3 May 2018

Document number R9257, agenda pages 48 - 57 refer.

Officers were asked to provide information on timeframes on items which had appeared on the status report for an extended time.  Discussion took place on items relating to the work of committees’ now being included in the committee’s status report rather than the Council status report.

Resolved CL/2018/059

That the Council

Receives the report Status Report - 3 May 2018 (R9257) and its attachment (1168168).

Noonan/Walker                                                                           Carried

16.     Climate Change

Document number R9121, agenda pages 108 - 120 refer.

Group Manager Environment Clare Barton spoke to her report and highlighted that the purpose of the report was twofold – to inform Council on issues associated with climate change and to confirm the initial actions in the climate change space.  

The report covered actions to reduce emissions, adaptation and response to climate change and limiting pressure on ecosystems.

Council discussed work which would be undertaken in current budgets and Ms Barton advised a report to Council would be required for further work. 

Attendance: Councillor Acland left the meeting at 12.45pm.

Resolved CL/2018/060

That the Council

Receives the report Climate Change (R9121); and

Agrees in principle to the actions and work streams identified in section 2.2 of Report R9121 with any actions requiring additional budget being subject to separate Council approval, when those costs are known; and

Commits to adopting and implementing a comprehensive plan to reduce carbon emissions.

Her Worship the Mayor/Fulton                                                    Carried

      

The meeting adjourn from 12.55pm and resumed at 1.37pm at which time Councillor Acland returned to the meeting.

 

17.     Exclusion of the Public

Following earlier discussion Her Worship the Mayor advised that the Chief Executive had provided his advice that as a rule Council considered that matters relating to individuals should be discussed in public excluded.

Attendance: Councillor Fulton left the meeting from 1.41pm until 1.42pm.

Resolved CL/2018/061

That the Council

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

The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

Her Worship the Mayor/Walker                                                 Carried

 

Item

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Particular interests protected (where applicable)

1.1

Council Meeting - Public Excluded Minutes -  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)  

1.2

Extraordinary Council Meeting - Public Excluded Minutes -  17 April 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)(i)

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

2

Recommendation from Sports and Recreation Committee Meeting - Public Excluded -  3 April 2018

Recommendation to Council regarding:

Interim options – Tahuna Beach Holiday Park

Section 48(1)(a)

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

The withholding of the information is necessary:

·   Section 7(2)(i)

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

3

Recommendation from Works and Infrastructure Committee Meeting - Public Excluded -  29 March 2018

Recommendation to Council regarding:

48 Pascoe Commercial 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)

4

Recommendation from Governance Committee Meeting - Public Excluded -  19 April 2018

Recommendation to Council regarding:

Nelmac Director appointment ;

Nelmac Ltd Draft Statement of Intent 2018/19

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

 

5

Council - Public Excluded - Status Report

 

Section 48(1)(a)

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

The withholding of the information is necessary:

·   Section 7(2)(a)

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

·   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)

6

Update - Statement of Understanding

 

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)

7

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 1.44pm and resumed in public session at 5.02pm. 

18.     Re-admittance of the Public

Resolved CL/2018/072

That the Council

Re-admits the public to the meeting.

 

Walker/Rutledge                                                                         Carried

 

 

There being no further business the meeting ended at 5.03pm.

 

Confirmed as a correct record of proceedings:

 

 

 

                                                       Chairperson                                     Date