AGENDA
Ordinary meeting of the
Nelson City Council
Thursday 21 June 2018
Commencing at 9.00a.m.
Council Chamber
Civic House
110 Trafalgar Street, Nelson
Membership: Her Worship the Mayor Rachel Reese (Chairperson), Councillors Luke Acland, Ian Barker, Mel Courtney, Bill Dahlberg, Kate Fulton, Matt Lawrey, Paul Matheson, Brian McGurk, Gaile Noonan, Mike Rutledge, Tim Skinner and Stuart Walker
Nelson City Council
21 June 2018
Opening Prayer
1. Apologies
Nil
2. Confirmation of Order of Business
3.1 Updates to the Interests Register
3.2 Identify any conflicts of interest in the agenda
Document number M3459
Recommendation
That the Council
Confirms the minutes of the meeting of the Council, held on 3 May 2018, as a true and correct record.
Document number M3482
Recommendation
That the Council
Confirms the minutes of the meeting of the Council, held on 15 May 2018, as a true and correct record.
5.3 Extraordinary Meeting - 24 May 2018 84 - 87
Document number M3513
Recommendation
That the Council
Confirms the minutes of the extraordinary meeting of the Council, held on 24 May 2018, as a true and correct record.
6. Recommendations from Committees
6.1 Planning and Regulatory Committee - 29 May 2018
6.1.1 Nelson Biodiversity Strategy Revision 2017/18
Recommendation to Council
That the Council
Adopts the revised Nelson Biodiversity Strategy 2017/18 (A1957147).
6.2 Hearings Panel - Other - 5 June 2018
6.2.1 Network Tasman Easement - Annesbrook
Recommendation to Council
That the Council
Grants consent for the easement in gross in favour of Network Tasman Limited over the area of Recreation Reserve shown on Attachment 1 (A1933063) with all legal and survey costs associated with the easement to be met by Network Tasman Limited as the party benefitted by the easement.
6.3 Governance Committee - 7 June 2018
6.3.1 Rates Remission for Land Affected by the 1 February 2018 Weather Event
Recommendation to Council
That the Council
Approves that the 1 February 2018 weather event qualifies as a natural calamity for the purposes of applying the Rates Remission Policy for Land Affected by Natural Calamity; and
Approves the criteria for assessing rates remission for affected properties and the application process; and
Notes that a summary of approved applications and the total value of rates remitted will be provided to the Council later in 2018.
NOTE: The following recommendation to Council were included in an agenda for a meeting scheduled for 18 June 2018, which is after this agenda was printed. Re rcommendationw ill be confirmed at the meeting.
6.4 Regional Transport Committee – 19 June 2018
6.4.1 NZTA Proposed Projects for inclusion in the Nelson Regional Land Transport Plan
Proposed Recommendation to Council
That the Council Approves the revised Nelson Regional Land Transport Plan 2015-2021 (Mid-Term Review) and 2018 Regional Public Transport Plan (A1942674 as per Report R9325) for submission to the New Zealand Transport Agency prior to 30 June 2018.
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7. Petition in favour of protecting wild deer population in Marsden Valley 88 - 100
Document number R9382
Recommendation
That the Council
Receives the Petition in favour of protecting wild deer population in Marsden Valley (R9382) and its attachment (A1969247); and
Requests that a report on the options for the wild deer population in Marsden Valley be presented to a future Sports and Recreation Committee.
8. Mayor's Report 101 - 143
Document number R9326
Recommendation
That the Council
Receives the report Mayor's Report (R9326) and its attachment (1989403); and
Appoints Councillors Acland, Barker, Matheson, Noonan, Rutledge, Skinner and Walker to replace any member on the Conduct Review Panel in the event of a conflict of interest or unavailability of a member; and
Nelson City Council Standing Orders section 14.1 Time Limits reference to speakers be amended as follows:
14.1 Time limits
A period
of up to 30 minutes, or such longer time as the meeting Chair may determine, will be
available for the public forum at each scheduled local authority meeting.
Requests must be made to an administration governance adviser at least two clear
days before the meeting; however this requirement may be waived by the Chairperson.
Individual speakers can speak for up to 5 minutes and representatives from organisations can speak for up to 10 minutes in total. No more than two speakers can speak on behalf of an organisation during a public forum. Where the number of speakers presenting in the public forum exceeds 6 in total, the Chairperson has discretion to restrict the speaking time permitted for all presenters.
9. Special Housing Areas Requests May 2018 144 - 155
Document number R9171
Recommendation
That the Council
Receives the report Special Housing Areas Requests May 2018 (R9171) and its attachment (A1978943); and
Approves 3A Hill Street North (A1978943), subject to the developer entering into a legal Deed with the Council which requires, amongst other matters, that the developer, at its sole cost:
(i) 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
(ii) shall provide plans showing how the SHA development will integrate with the proposed development of the adjacent land at 3B and 3C Hill Street North, and the expected likely future development of adjacent residential zoned land including layout and connectivity of all infrastructure, for the approval by the Group Manager Infrastructure. The approval of the Group Manager Infrastructure shall be submitted with any application for resource consent under HASHAA; and
(iii) shall provide to the Council an assessment of the impact of the development of the wider Saxton Growth Area on the Saxton Creek upgrade, for the purposes of determining the requirements for stormwater management as part of any development in the proposed SHA, for the approval of the Group Manager Infrastructure. The approval of the Group Manager Infrastructure shall be submitted with any application for resource consent under HASHAA; and
(iv) shall submit the approval of the Urban Design Panel with any application for resource consent under HASHAA.
10. Adoption of the Development Contributions Policy 2018 156 - 218
Document number R9335
Recommendation
That the Council
Receives the report Adoption of the Development Contributions Policy 2018 (R9335) and its attachment A1964099; and
Adopts the Development Contributions Policy 2018 (A1964099).
11. Adoption of Long Term Plan 2018-28 219 - 232
Document number R9334
Recommendation
That the Council
Receives the report Adoption of Long Term Plan 2018-28 (R9334) and its attachment (A1990404); and
Adopts the Revenue and Financing Policy (pages 181 – 206 of A1990404) and the Rates Remission Policy (page 207 -218 of A1990404); and
Adopts the Long Term Plan 2018-28 (A1990404) pursuant to Section 93 of the Local Government Act 2002;
Delegates the Mayor and Chief Executive to make any necessary minor editorial amendments prior to the release of the Long Term Plan 2018-28 to the public; and
Sets and assesses the following rates under the Local Government (Rating) Act 2002, on rating units in the district for the financial year commencing on 1 July 2018 and ending on 30 June 2019.
The revenue approved below will be raised by the rates and charges that follow:
Revenue approved:
General Rate $38,889,490
Uniform Annual General Charge $8,544,542
Stormwater and Flood Protection Charge $5,804,518
Waste Water Charge $7,793,889
Water Annual Charge $3,628,673
Water Volumetric Charge $8,466,904
Clean Heat Warm Homes and Solar Saver $460,019
Rates and Charges (excluding GST) $73,588,035
Goods and Services Tax (at the current rate) $11,038,205
Total Rates and Charges $84,626,240
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 0.72712 cents in the dollar of land value on every rating unit in the “residential – single unit” category.
• a rate of 0.72712 cents in the dollar of land value on every rating unit in the “residential empty section” category.
• a rate of 0.79983 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 plus 10% differential on land value.
• a rate of 0.79983 cents in the dollar of land value on every rating unit in the “multi residential” category. This represents a plus 10% differential on land value.
• a rate of 1.83016 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 plus 151.7% differential on land value.
• a rate of 1.55458 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 plus 113.8% differential on land value.
• a rate of 1.27900 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 plus 75.9% differential on land value.
• a rate of 1.00270 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 plus 37.9% differential on land value.
• a rate of 2.46057 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 plus 238.4% differential on land value.
• a rate of 2.02721 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 plus 178.8% differential on land value.
• a rate of 1.59384 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 plus 119.2% differential on land value.
• a rate of 1.16048 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 plus 59.6% differential on land value.
• a rate of 2.36677 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 plus 225.5% differential on land value.
• a rate of 1.95668 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 plus 169.1% differential on land value.
• a rate of 1.54731 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 plus 112.8% differential on land value.
• a rate of 1.13721 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 plus 56.4% differential on land value.
• a rate of 0.47263 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 0.65441 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 $415.94 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 $317.59 per rating unit, this rate is assessed on all rating units 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:
• $432.30 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 $108.07 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) $197.68
(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 $2.102 per m³
Usage from 10,001 – 100,000 cu.m/year $1.659 per m³
Usage over 100,000 cu.m/year $1.310 per m³
Summer
irrigation usage
over 10,000 cu.m/year $1.881
per m³
(7) Clean Heat Warm Homes
A targeted rate per separately used or inhabited part of a rating unit that has been provided with home insulation and/or a heater to replace a non-complying solid fuel burner under Section 16 of the Local Government (Rating) Act 2002 in accordance with agreement of the original ratepayer, of:
• For properties assessed the Clean Heat Warm Homes rate 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 assessed the Clean Heat Warm Homes rate as a result of agreements entered into prior to 1 July 2011 the targeted rate of:
Loan Assistance Range |
Installation
after |
Completed
prior to |
$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.
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 |
Instalment Due Date |
Last Date for Payment |
Penalty Date |
Instalment 1 |
1 Aug 2018 |
20 Aug 2018 |
24 Aug 2018 |
Instalment 2 |
1 Nov 2018 |
20 Nov 2018 |
26 Nov 2018 |
Instalment 3 |
1 Feb 2019 |
20 Feb 2019 |
26 Feb 2019 |
Instalment 4 |
1 May 2019 |
20 May 2019 |
24 May 2019 |
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 2018 |
20 September 2018 |
26 September 2018 |
August 2018 |
20 September 2018 |
26 September 2018 |
September 2018 |
22 October 2018 |
26 October 2018 |
October 2018 |
20 December 2018 |
8 January 2019 |
November 2018 |
20 December 2018 |
8 January 2019 |
December 2018 |
21 January 2019 |
25 January 2019 |
January 2019 |
20 March 2019 |
26 March 2019 |
February 2019 |
20 March 2019 |
26 March 2019 |
March 2019 |
22 April 2019 |
29 April 2019 |
April 2019 |
20 June 2019 |
26 June 2019 |
May 2019 |
20 June 2019 |
26 June 2019 |
June 2019 |
22 July 2019 |
26 July 2019 |
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 2018 |
20 August 2018 |
24 August 2018 |
August 2018 |
20 September 2018 |
26 September 2018 |
September 2018 |
22 October 2018 |
26 October 2018 |
October 2018 |
20 November 2018 |
26 November 2018 |
November 2018 |
20 December 2018 |
8 January 2019 |
December 2018 |
21 January 2019 |
25 January 2019 |
January 2019 |
20 February 2019 |
26 February 2019 |
February 2019 |
20 March 2019 |
26 March 2019 |
March 2019 |
22 April 2019 |
29 April 2019 |
April 2019 |
20 May 2019 |
24 May 2019 |
May 2019 |
20 June 2019 |
26 June 2019 |
June 2019 |
22 July 2019 |
26 July 2019 |
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 after the last date for payment stated above, to be added on the penalty date as shown above.
• a charge of 10% will be added on 6 July 2018 to any balance from a previous rating year (including penalties previously charged) remaining outstanding on 1 July 2018.
• a further additional charge of 10% will be added on 8 January 2019 to rates (including penalties previously charged) to which a penalty has been added under the bullet point above and which remains unpaid on 7 January 2019.
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 after the last date for payment to be added on the penalty date as shown above.
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 2018. If full payment of the annual rates is not paid by 20 November 2018 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 20 August 2018.
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.
12. Amended Memorandum of Understanding of the Nelson Regional Sewerage Business Unit and amended Terms of Reference of the Nelson Tasman Regional Landfill Business Unit 233 - 258
Document number R9353
Recommendation
That the Council
Receives the report Amended Memorandum of Understanding of the Nelson Regional Sewerage Business Unit and amended Terms of Reference of the Nelson Tasman Regional Landfill Business Unit (R9353) and its attachment/s (A1983272, A1983271); and
Approves subject to equivalent approval by Tasman District Council, the amended Memorandum of Understanding (MOU) for the Nelson Regional Sewerage Business Unit (NRSBU) and the amended Terms of Reference (TOR) for the Nelson Tasman Regional Landfill Business Unit (NTRLBU) to provide voting rights for the iwi representatives; and
Approves subject to equivalent approval by Tasman District Council, the amended Memorandum of Understanding (MOU) for the Nelson Regional Sewerage Business Unit (NRSBU) and the amended Terms of Reference (TOR) for the Nelson Tasman Regional Landfill Business Unit (NTRLBU) to provide that iwi representatives be remunerated in accordance with the joint policy for the remuneration of independent persons appointed to joint committees and business units; and
Approves subject to equivalent approval by Tasman District Council, that the remuneration for iwi representatives be set at $8000 per annum for the first term of appointment; and
Notes that once it is completed, the draft joint policy for the remuneration of independent persons appointed to joint committees and business units, will be brought to Council for adoption.
Public Excluded Business
Recommendation
That the Council
Excludes the public from the following parts of the proceedings of this meeting.
The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:
Item |
General subject of each matter to be considered |
Reason for passing this resolution in relation to each matter |
Particular interests protected (where applicable) |
1.1 |
Council Meeting - Public Excluded Minutes - 3 May 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) · 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
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1.2 |
Council Meeting - Public Excluded Minutes - 15 May 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) |
1.3 |
Extraordinary Council Meeting - Public Excluded Minutes - 24 May 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) |
2.1 |
Recommendation from Sports and Recreation Committee - 24 May 2018 Daelyn Drive Reserve – Revocation and Sale
|
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 |
2.2 |
Recommendation from Governance Committee Meeting - Public Excluded Minutes - 7 June 2018 Nelson Cycle Lift Society – Pre-commercial business case phase two funding |
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) |
2.3 |
Chief Executive Employment Committee Meeting - Public Excluded Minutes - 18 June 2018 Mayor’s Report – Chief Executivtive’s Key Performance Indicators |
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 |
State Advances - 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)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) |
4 |
Farmers Market Licence for Maitai Walkway
|
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 |
Note:
· This meeting is expected to continue beyond lunchtime.
· Lunch will be provided.
· Youth Councillors Jenna Stallard and Robbie Anderson will be in attendance at this meeting. (delete as appropriate)
Nelson City Council Minutes - 3 May 2018
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. |
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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 |
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6.1 Appointment of Independent Director to NRSBU |
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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 |
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8.1 Review of Natureland Funding and Business Plan Councillor Rutledge declared an interest and stepped away from the table. |
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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
· Regional Transport Committee
· Governance Committee
· Chief Executive Employment Committee
· Sports and Recreation Committee
Amends the membership of the following Committee on a permanent basis from Monday 7 May 2018 · Saxton Field 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) |
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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. |
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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 |
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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
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5 |
Council - Public Excluded - Status Report
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Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7 |
The withholding of the information is necessary: · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person · 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
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Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7 |
The withholding of the information is necessary: · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person · 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
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Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7 |
The withholding of the information is necessary: · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person |
The meeting went into public excluded session at 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
Minutes of a meeting of the Nelson City Council to Deliberate on the Long Term Plan 2018 – 2028; Waimea Dam Consultation and Development Contributions Policy
Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson
On Tuesday 15 May 2018, commencing at 1.30pm
Present: Her Worship the Mayor R Reese (Chairperson), Councillors L Acland, I Barker, M Courtney, B Dahlberg, K Fulton, M Lawrey, P Matheson, B McGurk, G Noonan, M Rutledge, T Skinner and S Walker
In Attendance: Chief Executive (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) Team and Governance Adviser (J Brandt)
Apologies : Nil
Opening Prayer
Councillor Skinner gave the opening prayer.
1. Apologies
2. Confirmation of Order of Business
Her Worship the Mayor R Reese noted that reports would not be taken as read but that officers would take Elected Members through each report. She advised all decisions would be made in principle, and that at the end there would be an omnibus process to adopt resolutions.
It was further noted that the Public Excluded session would need to commence at 4p.m. on Tuesday, 15 May 2018 due to an external party joining by audio link.
3. Interests
There were no updates to the Interests Register, and no interests with items on the agenda were declared.
4 Confirmation of Minutes |
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4.1 |
7 May 2018 |
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Resolved CL/2018/074 That the Council Confirms the minutes of the meeting of the Council, held on 7 May 2018, as a true and correct record. Barker/Dahlberg Carried |
5. Deliberations on the Long Term Plan 2018-28 Consultation Document and Concurrent Consultations
Document number R9180, agenda pages 7 - 105 refer.
Transport |
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Regional Land Transport Plan Amendments Her Worship the Mayor acknowledged that the Regional Transport Committee had further work to do before the adoption of the Long Term Plan and that another Regional Transport Committee meeting would be held in June 2018 for this purpose. |
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Resolved CL/2018/075 That the Council Receives the report Regional Land Transport Committee Amended Works Programme to the Long Term Plan 2018-2028 (R9308) and its attachment (A1961231). Noonan/Rutledge Carried |
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Group Manager Infrastructure Alec Louverdis tabled and presented his report A1971913. |
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Attendance: Cr Acland left the meeting at 2.24p.m. and returned at 2.27p.m. |
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It was noted that the Atawhai cycleway network connectivity needed to be discussed, as this matter had not been concluded at the recent Regional Transport Committee meeting. Manager Roading and Utilities, Marg Parfitt presented a map of cycleways (A1972003) and noted that this would be included in the Regional Land Transport Plan in order to become eligible for NZTA funding. Ms Parfitt answered questions about network connectivity, gaps and timelines. Attendance: Councillor Matheson left the meeting at 2.41p.m. and returned at 2.44p.m. Mr Louverdis noted that the recommendation to include a separate item for Nelson Travel Demand Management/Active Travel was to recognise that this was a priority for Nelson City Council in response to the Government Policy Statement on Land Transport and needed additional resources. It was noted that item 3.2.12 of the report regarding the proposed phasing changes for the Marsden/Ridgeway intersection was to achieve greater strategic alignment and enable Council to address constraints on the network and housing developments. Councillor Barker asked for his vote to be recorded against the following items of the work programme - 3.2.2; 3.2.8; 3.2.10 and 3.2.11. |
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Resolved CL/2018/076 That the Council in principle
Includes in the Long Term Plan (LTP) the Regional Land Transport Plan (RLTP) work programme and budget as proposed by the Regional Transport Committee on 11 May 2018, as set out in item 3.2 of the tabled document (A1971913). Noonan/Rutledge Carried |
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The meeting adjourned from 2.55p.m. until 3.01p.m.
Saxton Growth Area: Transport |
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Team Leader City Development Lisa Gibellini answered questions about the Hill Street Extension
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Resolved CL/2018/077 That the Council in principle Agrees the transport projects added under the Saxton Growth Area have a relatively low degree of significance; and Agrees, having regard to both the significance of the projects to be added and the matters in section 79(2) of the Local Government Act 2002, that a. Council has sufficient knowledge of the views and preferences of persons likely to be affected by, or have an interest in, the projects to be added; and that b. appropriate consideration has been given to the views and preferences of persons likely to be affected by, or have an interest in, the projects to be added; and that c. no additional consultation need be undertaken; and Allocates $15.6 million capital expenditure and $450,000 operational expenditure for the Saxton Area Growth Transport projects to be delivered through an investigation phase 2018/19 to 2020/21 and a construction phase 2022/23 to 2026/27 in the Long Term Plan 2018-28. Courtney/Walker Carried |
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Saxton Growth Area: Other Projects |
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Team Leader City Development, Lisa Gibellini advised a correction to the year in the recommendation, noting it should be 2019/20 (not 2018/19) as that was when the projects would likely be finished. |
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Resolved CL/2018/078 That the Council in principle
Agrees to include in year 2019/20 of the Long Term Plan the following projects: · Upgrade of Hill Street North · Extension of water main from Suffolk Road to Hill Street North · Increase capacity of water line from Ngawhatu to Suffolk Road · Upgrade wastewater system/chamber at Elm Street · Extension of wastewater Network from Daelyn Drive to Hill Street North Matheson/Noonan Carried |
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Champion Road Roundabout Ms Gibellini noted that the reasons behind the upgrade and the timing were about bringing the roundabout up to Council’s service level, which was a requirement under the consent before shops could be opened on that corner site. Mr Louverdis noted that timing of stage 2 of the Saxton Creek upgrade would align with the Champion Road roundabout work. Attendance: Councillor Barker left the meeting at 3.25p.m. |
Resolved CL/2018/079 That the Council in principle Makes a provisional allocation to bring forward the $150,000 for the Champion Road roundabout from 2021/22 to 2019/20 to align with Tasman District Council funding, subject to a satisfactory transport outcome. Her Worship the Mayor/Matheson Carried |
Due to availability of consultants the item Deliberations on the Long Term Plan was left to lie while Council considered Item 8 of the Agenda.
6 Exclusion of the Public |
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Resolved CL/2018/080 That the Council Confirms, in accordance with section 48(5) of the Local Government Official Information and Meetings Act 1987, that Matt Harrop and Samantha Turner, Senior Solicitors from Simpson Grierson remain after the public has been excluded, for the Public Excluded agenda, as they have knowledge that will assist the Council; Notes, in accordance with section 48(6) of the Local Government Official Information and Meetings Act 1987, that the knowledge that Matt Harrop and Samantha Turner, possesses relates to the Tahuna Beach Holiday Park: Supplementary Information. Noonan/Rutledge Carried |
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Resolved CL/2018/081 That the Council Excludes the public from the following parts of the proceedings of this meeting. The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:. Noonan/Rutledge Carried |
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The meeting went into public excluded session at 4.05p.m. and resumed in public session on 16 May 2018 at 9.05a.m.
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Minutes of a meeting of the Nelson City Council to Deliberate on the Long Term Plan 2018 – 2028; Waimea Dam Consultation and Development Contributions Policy
Reconvened in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson
On Wednesday 16 May 2018, commencing at 9.05a.m.
Present: Her Worship the Mayor R Reese (Chairperson), Councillors L Acland, I Barker, M Courtney, B Dahlberg, K Fulton, M Lawrey, P Matheson, B McGurk, G Noonan, M Rutledge, T Skinner and S Walker
In Attendance: Chief Executive (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)
Apologies : Councillors Fulton and Matheson for lateness
7 Apologies |
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Resolved CL/2018/083 That the Council Receives and accepts the apologies from Councillors Fulton and Matheson for lateness. Her Worship the Mayor/Dahlberg Carried |
8 Deliberations on the Long Term Plan 2018 - 2028 (Continued) |
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Senior Asset Engineer – Utilities, Phil Ruffell provided a GIS presentation and answered questions regarding stormwater projects and networks, topography, secondary flowpaths, prioritisation and rationale and the difficulties of retrofitting. |
Attendance: Councillor Noonan left the meeting from 9.58a.m. until 10.04a.m. Attendance: Councillor Lawrey left the meeting from 9.59a.m. until 10.02a.m. |
It was confirmed that each submitter would be contacted regarding the stormwater issues raised and that interim solutions could be managed within current budgets.
8.1 |
Saxton Creek Upgrade |
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Resolved CL/2018/083 That the Council in principle Approves additional budget of $160,000 for the Saxton Creek bridge widening in year 2019/20. Courtney/Walker Carried |
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The meeting was adjourned at 10.11a.m. and reconvened at 10.23a.m. |
Environment
Regional Cooperation |
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Resolved CL/2018/084 Approves operational funding of $16,000 per annum to support the Regional Sector Office and $10,000 per annum 2018/19 to 2020/21 to support collaboration on a fish passage research and development programme. Dahlberg/McGurk Carried |
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Group Manager Environmental Management, Clare Barton answered councillors’ questions from the hearing of submissions, which had been circulated. |
Attendance: Councillor Acland left the meeting from 10.40a.m. until 10.42a.m. Attendance: Councillor Lawrey left the meeting from 10.40a.m. until 10.51a.m. Attendance: Councillor Matheson joined the meeting at 10.57a.m. Attendance: Councillor Rutledge left the meeting from 10.59a.m. until 11.00a.m. |
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In response to a suggestion that sand and sand bags be made available for the public’s use in case of flooding events, Acting Group Manager Community Services, Roger Ball and Group Manager Infrastructure, Alec Louverdis answered questions regarding sandbagging issues from both infrastructure/resources and emergency management perspectives. It was agreed that the matter be discussed further after conversations had taken place with officers. |
Attendance: Councillor Lawrey left the meeting from 11.18a.m. until 11.20a.m.
Attendance: Councillor Noonan left the meeting from 11.26a.m. until 11.27a.m.
Social |
Acting Group Manager Strategy and Communications, Nicky McDonald answered questions regarding housing, homelessness, working with agencies and the Housing Comes First rollout. |
Attendance: Councillor Lawrey left the meeting from 11.31a.m. until 11.33a.m. |
Discussion took place on the Community Investment Fund process. Manager Community Partnerships Mark Preston-Thomas answered questions regarding the administration of the fund and noted the importance of the formation of community partnerships. |
Community Events:
Santa Parade |
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Resolved CL/2018/085 That the Council in principle Approves an annual allocation of $15,000 from the Central Business District (CBD) Enhancement Fund (operational funding) for the holding of an annual Santa Parade. Walker/Skinner Carried |
RSA Funding |
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It was suggested that the words ‘up to’ be added to the motion. Councillor Barker declared an interest in the item as a member of the RSA and did not vote on the motion. |
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Resolved CL/2018/086 That the Council in principle Approves annual operational funding of up to $11,500 to support the Nelson branch of Returned and Services Association (RSA) to deliver ANZAC Day commemorations, contingent on a funding contract being agreed between the RSA and Council. Noonan/Dahlberg Carried |
The meeting was adjourned at 12.08p.m., and reconvened at 12.12p.m.
Volunteer Nelson |
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Resolved CL/2018/087 That the Council in principle Approves funding of $4,000 to support staff to work on volunteering in Nelson and how Council can support groups to respond to changing trends and demands. Noonan/Barker Carried |
Hospice |
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Acting Group Manager Strategy and Communication, Nicky McDonald advised that the word ‘operational’ needed to be removed from the recommendation, as it was capital funding. Ms McDonald answered questions regarding the usage allocation and Tasman District Council’s funding contribution. |
Attendance: Councillor Fulton joined the meeting at 12.26p.m. |
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Resolved CL/2018/088 That the Council in principle Approves funding of $150,000 for the Nelson Tasman Hospice for its new facility in Stoke, contingent on other fundraising being successfully completed and the project confirmed to proceed. Her Worship the Mayor/Noonan Carried |
The meeting was adjourned at 12.27p.m. and reconvened at 1.08p.m.
Deliberations on the Long Term Plan were suspended due to the availability of external consultants for the Development Contributions Policy 2018.
9 Deliberations on the Development Contributions Policy 2018 |
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Document number R9229, agenda pages 236 - 319 refer. Team Leader City Development Lisa Gibellini presented the report. Consultants Walter Clarke from Utility and Adam Feely from Rationale were in attendance to provide advice. It was noted that the Development Contributions Policy must be adopted by 1 July 2018; Council could not retain the existing policy as it was linked to the Long Term Plan 2018 – 2028. Ms Gibellini provided clarification of the transitional period and advised any new resource consent applications would be assessed under the new Development Contributions Policy. Waiver of time limits for the City Centre was clarified and it was suggested that, for a development which showed substantial progress a waiver could be extended to 24 months. |
Attendance: Councillor Matheson left the meeting from 1.38p.m. until 1.40p.m. |
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Resolved CL/2018/089 That the Council Receives the report Deliberations on the Development Contributions Policy 2018 (R9229) and its attachments (A1964099, A1966064); and Directs that officers bring back an amended Development Contributions Policy to the 21 June 2018 Council meeting based on the decisions made in this deliberations report, as follows: Additional wording be added to the explanatory note on Page 6 and minor amendments throughout the Policy as shown in Attachment 1 (A1964099); and No change is required to the transitional provisions of the Draft Policy for Development Contributions 2018 Policy; and Amend section 4.12.1 iii to allow discretion up to 24 months where the applicant can demonstrate substantial progress has been made; and No change is required to the provisions of the Draft Development Contributions 2018 Policy for retirement villages; and No change is required to the provisions of the Draft Development Contributions 2018 Policy in relation to private public partnerships; and No change is required to the provisions of the Draft Development Contributions 2018 Policy to provide for delayed payment until building consent issue; and Area 21 Wastney Terrace is moved from Table 4 Development areas not catered for under this policy to Table 3 Development areas catered for under this policy; and No change is required to Area 20 Werneth Terrace. Barker/McGurk Carried |
Reserves Development Contribution |
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Ms Gibellini outlined feedback received during the consultation process. Mr Feely gave a presentation outlining the statutory requirements under the Local Government Act. Officers were proposing to bring everything (assessment of network infrastructure, community infrastructure and reserves) under one set of rules - the Local Government Act. He noted this would be a requirement by 2022. |
Attendance: Councillor Dahlberg left the meeting from 2.24p.m. until 2.27p.m. |
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Ms Gibellini, Mr Clarke and Mr Feely answered questions on staged developments and Brownfield intensification and discussed exemptions for developments with new residential lots of 300m2. The meeting adjourned from 2.29p.m. until 2.46p.m. |
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Resolved CL/2018/090 That the Council in principle Directs that officers bring back an amended Development Contributions Policy to the 21 June Council meeting based on the decisions made in this deliberations report, as follows: Examples of the operation of the statutory cap for reserves contribution are added to the Policy to better illustrate the operation of s.203(1) of the Local Government Act 2002; and Additional wording be added at the end of section 1.2 ‘Transition between policies’ of the 2018 Policy on Development Contributions as shown in Attachment 1 (A1964099); and Amends the draft reserves contribution provisions as follows: and Insert new exemption in section 4.6.2 (and amend sequential numbering) : “4.6.2 Brownfield intensification a) Reserve land - Council will exempt a development from 25% of the amount which would otherwise be payable as a reserve land contribution in respect of new residential lots of 300m2 or less, which are subdivided from any lots created prior to 1 July 2008 in the residential zone.”; and The amended draft proposed methodology for reserves development contributions is approved; and Examples of the operation of the statutory cap are added to the Policy to better illustrate the operation of s.203(1) of the LGA; and Additional wording be added at the end of section 1.2 ‘Transition between policies’ of the 2018 Policy on Development Contributions: “Where an application had been received prior to 1 July 2018, notwithstanding anything in the Nelson Policy on Development Contributions and Financial Contributions 2015, the following financial contributions shall no longer be payable: a) The financial contribution of 0.5% of building value that is payable under Table 3 of the 2015 Policy in respect of reserves for residential and non-residential developments; and b) The financial contribution of 2% of estimated building value that is payable for infrastructure in the 2015 Policy.” Notes that as a consequence of decisions on the Long Term Plan, amendments may be required to the projects listed in the Development Contributions Policy and the overall quantum of the contributions sought. Dahlberg/Fulton Carried |
10. Deliberations on a possible contribution to the Waimea Dam
Document number R8854, agenda pages 106 - 235 refer.
Acting Group Manager Strategy and Communications, Nicky McDonald, presented the report and noted that Council’s consultation on a contribution to Waimea Dam, held late in 2017, had been extended following provision of further information in a report commissioned from Opus. The consultation was held in tandem with the Long Term Plan consultation process.
Senior Asset Engineer Phil Ruffell spoke to the significant assumptions. The model did not try to predict what would happen in future in terms of climate change. He noted he had reviewed two population models for the scenario, moderate and high, and he had extrapolated out to 2100 and he was confident that the model was accurate. Mr Ruffell also tabled information from the National Performance Review.
Mr Ruffell answered questions on demand, future trends and water security.
Chief Executive of Nelson Regional Development Agency, Mark Rawson, provided Council with information on the expected value of the Waimea Dam to regional businesses.. He noted that any reduction in water allocation would have a significant effect on the economy and advised that the horticulture sector of Nelson Tasman supported 21 other industries in the region.
Attendance: Councillor Acland left the meeting from 3.48p.m. until 3.51p.m.
Resolved CL/2018/091 That the Council Receives the report Deliberations on a possible contribution to the Waimea Dam (R8854) and its attachments (A1931132, A1941482, A1852265, A1852995, A1956263); and Agrees to allocate $5 million for a grant to the Waimea Dam project in 2020/21of the Long Term Plan 2018-28 subject to the following conditions: · A contract, approved by both councils, be signed at the time of the transfer of the funding assuring Nelson’s ongoing rights to access 22,000m3/day of water from the Waimea Aquifer and · That the contract allow for the grant to be transferred into a shareholding in the Dam Company at any point in future; and Notes that a new Engineering Services Agreement with Tasman District Council has been detailed in the Terms (A1778747) and exchange of letters between the Chief Executives of both Councils (A1847401) and this Agreement will be updated from time to time as circumstances require. The motion was put and a division was called:
The motion was carried 8 - 5. Her Worship the Mayor/Dahlberg Carried |
The meeting adjourned at 4.58p.m. to be reconvened at 9.00a.m. on Thursday 17 May 2018.
Minutes of a meeting of the Nelson City Council to Deliberate on the Long Term Plan 2018 – 2028; Waimea Dam Consultation and Development Contributions Policy
Reconvened in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson
On Thursday 17 May 2018, commencing at 9.00a.m.
Present: Her Worship the Mayor R Reese (Chairperson), Councillors L Acland, I Barker, M Courtney, B Dahlberg, K Fulton, M Lawrey, P Matheson, B McGurk, G Noonan, M Rutledge, T Skinner and S Walker
In Attendance: Chief Executive (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) and Governance Adviser (R Terry)
Apologies : Councillors Dahlberg and Matheson
Attendance: Councillor Acland joined the meeting at 10.37a.m.
11. Apologies |
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Resolved CL/2018/092 That the Council Receives and accepts the apologies from Councillor Dahlberg and Councillor Matheson for attendance. Her Worship the Mayor/Courtney Carried |
12. Deliberations on the Long Term Plan 2018 - 2028 (Continued) |
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Bridge Street |
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Resolved CL/2018/093 That the Council in principle Directs staff to report to Council on priorities for use of the Central Business District Enhancement Fund for 2018/19, including consideration of the Bridge Street cultural development project. Courtney/Skinner Carried |
Library |
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Chief Executive, Pat Dougherty, answered questions regarding the redevelopment, noting that the floor level would need to rise to the new minimum levels to address potential flooding. He confirmed that the redevelopment would be an interactive process and elected members would be involved in discussions and consulted during the process. Attendance: Councillor Skinner left the meeting at 9.18a.m. and returned at 9.20a.m. Councillor Courtney, seconded by Councillor Fulton, moved the officer’s recommendation. |
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Motion That the Council in principle Directs staff to prepare for Council consideration a revised Business Case for the Elma Turner library re-development, taking into account wider issues involving the development of the riverside precinct, technology change and the future of libraries. Courtney/Fulton |
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Councillor Noonan, seconded by Her Worship the Mayor, moved an amendment. |
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Amendment That the Council in principle Directs staff to prepare a development brief to inform a revised Business Case for the Elma Turner library re-development, taking into account wider issues involving the development of the riverside precinct, technology change and the future of libraries. Noonan/Her Worship the Mayor |
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The amendment was carried and became the substantive motion. The substantive motion and was put and carried. |
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Resolved CL/2018/094 That the Council in principle Directs staff to prepare a development brief to inform a revised Business Case for the Elma Turner library re-development, taking into account wider issues involving the development of the riverside precinct, technology change and the future of libraries. Noonan/Her Worship the Mayor Carried |
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Nelson Provincial Museum |
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Chief Executive Pat Dougherty answered questions on funding allocations for Nelson City and Tasman District Councils and noted that further information and detail had been requested from the Trust. The matter was left to lie pending further information. |
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The Refinery |
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Manager Community Partnerships, Mark Preston-Thomas and Facility Manager Founders Heritage Park, Maria Anderson spoke to the report and answered questions regarding the feasibility study, level of funding and earthquake strengthening. Mr Preston-Thomas noted that there was an expectation that the feasibility study would identify solutions that would require funding. Property Parks and Facilities Asset Manager, Andrew Petheram answered questions on the the Rutherford Park project and noted the proposed works on the refinery would be compatible. Her Worship the Mayor called a recess from 9.44a.m. until 9.45a.m. |
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Resolved CL/2018/095 That the Council in principle Agrees that funding for The Refinery set out in 11.53 of the Long Term Plan Deliberations report R9180) remains. Fulton/Noonan Carried |
Education Nelson Marlborough |
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Discussion took place regarding the amount of funds to be allocated to Education Nelson Marlborough, with Group Manager Environmental Management, Clare Barton answering questions on funding and timeframes. |
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Resolved CL/2018/096 That the Council in principle Approves $5,000 to support the work of Education Nelson Marlborough in 2018/19, with funding to be confirmed by staff once the results of the Regional Development Strategy work is known. The motion was put and a division was called:
Courtney/Her Worship the Mayor Carried |
Parks and Active Recreation
Mountain Biking |
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Property Parks and Facilities Asset Manager Andrew Petheram noted that hosting the Enduro World Series was a very positive step for Nelson and highlighted the importance of making sure the ground and the trails met all the requirements of the event. |
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Resolved CL/2018/097 That the Council in principle Approves additional funding of $190,000 in 2018/19, $100,000 in 2019/20 and $210,000 in 2020/21 in the Long Term Plan 2018-28 as a grant to the Nelson Mountain Bike Club for trail development and preparations to allow hosting of the Enduro World Series in Nelson in 2021; and Agrees that the release of each annual amount is contingent on achievement of outcomes as set out in a funding contract between the Nelson Mountain Bike Club and Council. Rutledge/Her Worship the Mayor Carried |
Great Taste Trail |
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Resolved CL/2018/098 That the Council in principle Brings forward Great Taste Trail funding of $204,400 for Council’s contribution to the Tahunanui Beach to airport section from 2019/20 to 2018/19, increasing the 2018/19 budget to $808,988. Barker/Rutledge Carried |
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Resolved CL/2018/099 That the Council in principle Approves $10,000 in 2018/19 so that a geotechnical report and design plan can be prepared for a proposed off-road route between the Maitai Dam and the Maitai Camp; and Approves $50,000 in 2019/20 to develop the off-road route between the Maitai Dam and the Maitai Camp; and Provides $50,000 in 2018/19 to renew the Dun Mountain Trail from Coppermine Saddle to the Maitai Dam and $50,000 in 2018/19 to reinstate the trail below the slip along the Maitai Pipeline; and Notes that the capital expenditure share of these projects is subject to the Ministry for Business, Innovation and Employment confirming a 50% share of the project costs. Rutledge/Her Worship the Mayor Carried |
The meeting adjourned from 10.15a.m. until 10.37a.m., at which time Councillor Acland joined the meeting.
Further information was requested from officers regarding Natureland and the Brook Waimarama Sanctuary and these matters were left to lie.
Nelson Provincial Museum (Continued) |
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Her Worship the Mayor noted that there had been discussion about the Tasman Bays Heritage Trust submission and that officers had met with the Trust to gain further clarity regarding the amount and timing of other potential sources of funding. |
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Resolved CL/2018/100 That the Council in principle Allocates $1.5 million in 2020/21 and $1.5 million in 2021/22 as provision for a capital grant to the Tasman Bays Heritage Trust for a new regional collection facility. Her Worship the Mayor/Fulton Carried |
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It was noted that funding provided by Council would assist the Trust in obtaining funding from central government and further fundraising. Her Worship the Mayor advised that an investigation was underway into aligning the regional collection facility and the upgrade to the Elma Turner Library. A report would be provided when the investigations were complete. |
Sports Codes Requests:
Tasman Rugby Union |
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Property Parks and Facilities Asset Manager, Andrew Petheram and Property and Facilities Asset Planner, Paul Harrington answered questions on funding for condition assessments, the ranking system and quality of turf. Mr Petheram noted that condition assessments would be undertaken as soon as possible in the next financial year. |
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Resolved CL/2018/101 That the Council in principle Notes that staff will report back in 2018/19 on a policy for ownership and maintenance of lights on Council grounds. Barker/Skinner Carried |
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Gymnastics Nelson Council discussed the loan requested from Gymnastics Nelson, Council practice regarding loans and other potential sources of funding. |
Saxton Field Adjustments |
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Property Parks and Facilities Asset Manager, Andrew Petheram spoke to the report and answered questions on the reasons to delay the contribution for Velodrome lighting and shading. He noted that the Saxton Field Athletics Track was an existing asset and therefore needed to be replaced as a matter of priority. The Saxton Velodrome Trust was currently in the process of fulfilling its funding obligations for the first stage of the development, therefore Tasman District Council had suggested the Velodrome lighting should be delayed until this funding had been obtained. He noted that Tasman District Council was matching Nelson City Council’s funding. |
Attendance: Councillor Acland left the meeting at 11.03a.m. |
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Councillor Noonan, seconded by Councillor Skinner, moved the officer’s recommendation. |
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Motion That the Council in principle Brings forward the $20,000 in 2021/22 and $880,000 in 2021/23 allocated for the resurface/replacement of the Saxton Field Athletics Track to 2018/19 and 2019/20 respectively; and Notes that bringing forward the resurfacing project is contingent on the orientation remaining unchanged or the Top of the South Athletics Charitable Trust raising all the additional funding required; and Delays the $60,000 contribution in 2018/19 for Velodrome lighting/shading until 2022/23; and Moves the $20,000 in 2018/19, $200,000 in 2019/20 and $20,000 in 2020/21 for cycle/path development at Saxton Field to commence in 2021. Noonan/Skinner |
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Her Worship the Mayor, seconded by Councillor Rutledge, moved an amendment. |
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Amendment That the Council in principle Brings forward the $20,000 in 2021/22 and $880,000 in 2022/23 allocated for the resurface/replacement of the Saxton Field Athletics Track to 2018/19 and 2019/20 respectively; and Notes that bringing forward the resurfacing project is contingent on the orientation remaining unchanged or the Top of the South Athletics Charitable Trust raising all the additional funding required; and Retains up to $60,000 contribution in 2018/19 for Velodrome lighting and/or shading; and Moves the $20,000 in 2018/19, $200,000 in 2019/20 and $20,000 in 2020/21 for cycle/path development at Saxton Field to commence in 2021. |
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The amendment was carried and became the substantive motion. The substantive motion was put and carried. |
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Resolved CL/2018/102 That the Council in principle Brings forward the $20,000 in 2021/22 and $880,000 in 2022/23 allocated for the resurface/replacement of the Saxton Field Athletics Track to 2018/19 and 2019/20 respectively; and Notes that bringing forward the resurfacing project is contingent on the orientation remaining unchanged or the Top of the South Athletics Charitable Trust raising all the additional funding required; and Retains up to $60,000 contribution in 2018/19 for Velodrome lighting and/or shading; and Moves the $20,000 in 2018/19, $200,000 in 2019/20 and $20,000 in 2020/21 for cycle/path development at Saxton Field to commence in 2021. Her Worship the Mayor/Rutledge Carried |
Attendance: Councillor Rutledge left the meeting from 11.30a.m. until 11.33a.m. |
Kohatu Motorsport Park |
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Property Parks and Facilities Asset Manager, Andrew Petheram answered questions on the proposed facility. He advised that Council had previously had a Regional Funding Forum to determine if a facility was regional. Acting Manager Strategy and Communications, Nicky McDonald advised she would work with Mr Petheram to re-establish the Forum. |
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Resolved CL/2018/103 That the Council in principle Directs staff to initiate consideration of the Kohatu Motorsport Park as a potential regional facility through a future Regional Funding Forum. Barker/Walker Carried |
Coastguard Vessel |
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Mr Petheram noted officers could approach the Marina Advisory Group to discuss a contribution. |
Attendance: Councillor Courtney left the meeting from 11.51a.m. until 11.56a.m. |
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Resolved CL/2018/104 That the Council in principle Allocates $20,000 funding in 2018/19 to support the Nelson Volunteer Coastguard appeal for a new vessel, contingent on other funding being successfully raised and the project going ahead. Fulton/Noonan Carried |
Spotlight on Stoke |
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Resolved CL/2018/105 That the Council in principle Agrees to bring the funding for the Stoke Youth Facility forward, to commence with consultation in 2018/19, investigation and design in 2019/20 and construction in 2020/21. Noonan/Skinner Carried |
Grampians Track |
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Resolved CL/2018/106 That the Council in principle Adds $15,000 to Renewals: Track (353172701492) in 2018/19 for zig zag section on Grampians main ridge track. Barker/Acland Carried |
Attendance: Councillor Lawrey left the meeting from 11.55a.m until 12.00p.m. |
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The meeting was adjourned at 12.10p.m. and reconvened at 1.08p.m., at which time Councillor Matheson joined the meeting. |
Paremata Flats |
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Mr Petheram answered questions regarding long-term solutions and cutting back of riparian planting. |
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Resolved CL/2018/107 That the Council in principle Agrees that over time it will look to cease grazing open areas at the Paremata Flats Reserve and transition towards maintaining remaining grass through management methods other than grazing. Fulton/Skinner Carried |
Grampian Land Purchase |
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Mr Petheram answered questions regarding the purpose of the potential land purchase. |
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Resolved CL/2018/108 That the Council in principle Requests that officers investigate the potential options for Grampians (Havik) land and report back to the Sports and Recreation Committee in time for the 2019/20 Annual Plan. Skinner/Fulton Carried |
Neale Park |
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Mr Petheram expressed concern regarding the work required on the surface of fields at Neale Park. Mr Petheram was asked to provide a report investigating the feasibility of and requirements for artificial turf and the process required for engagement with sports organisations. |
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Resolved CL/2018/109 That the Council in principle Allocates capital funding of $30,000 in each of the first three years (2018/19, 2019/20 and 2020/21) of the Long Term Plan 2018-28 to improve the surface of fields at Neale Park. Skinner/Her Worship the Mayor Carried |
Natureland |
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Attendance: Councillor Rutledge declared an interest in this item and left the meeting at 1.26p.m. |
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Councillor Lawrey, seconded by Councillor Acland moved the following motion: |
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Motion That the Council in principle Allocates $248,000 operational funding for Natureland Wildlife Park in 2018/19; and Allocates $170,000 operational funding per annum in years in years two to ten of the LTP; and Allocates $50,000 in 2018/19 for capital works, with further capital funding dependent on Council approving the outcomes to be achieved from a reviewed capital programme; and Agrees that the release of each annual amount is contingent on achievement of outcomes as set out in a funding contract between the Natureland Wildlife Trust and Council. Lawrey/Acland |
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Her Worship the Mayor called a recess from 1.28p.m. until 1.34p.m. |
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Acting Manager Community Services Roger Ball answered questions regarding ensuring closer alignment between Natureland’s practices, Council’s required outcomes and the effect of the proposed reduced operational funding. He reiterated that the deliberations report reflected the advice from the Hammond Robertson report, which was to maintain the level of funding. |
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Her Worship the Mayor, seconded by Councillor Matheson moved the officer’s recommendation as an amendment. Further discussion took place regarding levels of funding for Natureland, its strategic direction and alignment with Council outcomes. |
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Her Worship the Mayor called a recess from 2.04p.m. until 2.07p.m. to obtain clarification on past funding levels. The amendment was put.
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Amendment That the Council in principle Notes $248,000 operational funding per annum is currently included in the Long Term Plan 2018-28 for Natureland Wildlife Park; and Allocates $50,000 in 2018/19 for capital works, with further capital funding dependent on Council approving the outcomes to be achieved from a reviewed capital programme; and Agrees that the release of each annual amount is contingent on achievement of outcomes as set out in a funding contract between the Natureland Wildlife Trust and Council.
Her Worship the Mayor/Matheson |
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Further discussion took place on the substantive motion. The substantive motion was put. |
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Resolved CL/2018/110 That the Council in principle Allocates $248,000 operational funding for Natureland Wildlife Park in 2018/19; and Allocates $170,000 operational funding per annum in 2019/20 to 2027/28 of the Long Term Plan; and Allocates $50,000 in 2018/19 for capital works, with further capital funding dependent on Council approving the outcomes to be achieved from a reviewed capital programme; and Agrees that the release of each annual amount is contingent on achievement of outcomes as set out in a funding contract between the Natureland Wildlife Trust and Council. The substantive motion was put and a division was called:
Lawrey/Acland Carried |
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Attendance: Councillor Rutledge returned to the meeting at 2.21p.m. |
12. Late Item: Amendment to the membership of the Works and Infrastructure Committee |
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Resolved CL/2018/111 That the Council Considers the item regarding Amendment to the membership of the Works and Infrastructure Committee 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 prior to the 22 May 2018 meeting of the Works and Infrastructure Committee. Acland/Courtney Carried |
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Resolved CL/2018/112 That the Council Receives the report Amendment to the membership of the Works and Infrastructure Committee (R9331); and Amends the membership of the Works and Infrastructure Committee on a permanent basis, effective immediately, as follows: Works and Infrastructure Committee
Noonan/Courtney Carried |
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Attendance: Councillor Matheson left the meeting at 2.23p.m. Attendance : Councillor Rutledge left the meeting at 2.24p.m. and returned at 2.26p.m. |
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13. Deliberations on the Long Term Plan 2018 - 2028 (Continued) |
Brook Waimarama Sanctuary |
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Councillor Fulton, seconded by Councillor Noonan moved the whole motion with an additional clause to allocate funding to the Brook Waimarama Sanctuary in return for continued walking track maintenance and free entry for all Nelson residents. Acting Group Manager Strategy and Communications, Nicky McDonald answered questions relating to the effect of the additional motion on the rates cap and the work done to confirm the figures. Discussion took place regarding who should be leading this work. The motion was put in parts. |
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Motion That the Council in principle Allocates up to $67,000 per year for the first three years of the Long Term Plan 2018-28 as a grant to the Brook Waimarama Sanctuary Trust in return for continued walking track maintenance and free entry for all Nelson residents to the Sanctuary; and Notes that the success of track maintenance and the free-entry programme will be assessed at the end of the three year funding period.
Fulton/Noonan |
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Resolved CL/2018/113 That the Council in principle Notes that the release of future funding to the Brook Waimarama Sanctuary Trust is subject to successful completion of a Memorandum of Understanding between Council and the Trust; and Agrees the release of each subsequent year’s funding will be contingent on achievement of outcomes as set out in a funding contract between the Brook Waimarama Sanctuary Trust and Council.
Fulton/Noonan Carried |
Economic:
Rates Remission Policy |
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Resolved CL/2018/114 That the Council in principle Amends the Rates Remission Policy to allow an exemption for groups delivering “affordable, social and community” housing. Her Worship the Mayor/Noonan Carried |
Policy on Remission and Postponement of Rates on Māori Freehold Land |
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Resolved CL/2018/115 That the Council in principle Amends the Policy on Remission and Postponement of Rates on Māori Freehold Land to read under Conditions and Criteria section a) “Council will upon application and approval of remission add properties to the register”. McGurk/Her Worship the Mayor Carried |
14.4 |
Accommodation Business Rating Group Manager Corporate Services, Nikki Harrison spoke regarding a submission received from a bed and breakfast establishment (B&B) outside the CBD which was being 50% residential/50% commercially rated, clause 15.10 refers, and it was noted that if Council believed this was too big a burden on medium-sized B&Bs, the charging bands could be adjusted to account for this. Her Worship the Mayor agreed that this appeared to be a more equitable split. Her Worship the Mayor noted that this item would be revisited to allow staff time to draft a recommendation. |
Additional Decisions:
13.3 Stoke Library Behaviour |
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The officer’s recommendation was moved by Councillor McGurk, seconded by Councillor Noonan. |
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Motion That the Council in principle Includes a budget provision of $50,000 per annum for the first three years of the Long Term Plan 2018-28 to provide youth worker and security guard interventions to deal with youth antisocial behaviour at Stoke Library. McGurk/Noonan |
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Discussion took place on the library being a focal point for young people, responsibility for controlling the issue and the type of behaviour involved. An amendment was moved by Her Worship the Mayor, seconded by Councillor Courtney. |
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Amendment That the Council in principle Includes a budget provision of $50,000 for 2018/19 of the Long Term Plan 2018-28 to provide security guards, phasing out over time as circumstances permit, and youth workers to deal with youth antisocial behaviour at Stoke Library; and Directs staff to engage central government agencies to discuss ongoing responsibilities for service provision; and Requests staff to report back on successes and next steps before the end of 2018/19. |
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Manager Community Partnerships, Mark Preston-Thomas and Community Partnerships Adviser, Steve Stiles, answered questions regarding behaviour in Stoke, interim solutions, social infrastructure, ensuring the safety of library staff, re-engagement with youth to build positive relationships, working alongside other agencies to solve this problem, alternative locations for youth to be encouraged to gather, staff’s reasons for initially requesting three years of funding and the impact of reducing that period, the planned construction of the Stoke Youth Park and anti-social behaviour. The amendment was carried and became the substantive motion. The substantive motion was put. |
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Resolved CL/2018/116 That the Council in principle Includes a budget provision of $50,000 for 2018/19 of the Long Term Plan 2018-28 to provide security guards, phasing out over time as circumstances permit, and youth workers to deal with youth antisocial behaviour at Stoke Library; and Directs staff to engage central government agencies to discuss ongoing responsibilities for service provision; and Requests staff to report back on successes and next steps before the end of 2018/19. Her Worship the Mayor/Courtney Carried |
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Officers provided a response to a previous question relating to expenditure associated with Community Investment Funding, clarifying that the additional spend on social development between 2014/15 and 2018/19 was $338,000, plus an additional spend of $136,376 on community development staff. |
Accommodation Business Rating |
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Resolved CL/2018/117 That the Council in principle Agrees to amend the charging bands for accommodation business rating as set out in Report R9180 to alleviate the rating burden on medium sized bed and breakfast operations:
Her Worship the Mayor/Barker Carried |
Provincial Growth Fund |
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Discussion took place on what projects the funding would be used for, the Provincial Growth Fund requirements, a regional approach leading to identification of key projects, Nelson’s economic results, challenges and Tasman District Council’s contribution.
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Resolved CL/2018/118 That the Council in principle Includes an allocation of $50,000 of operational funding in 2018/19 for additional resources to work on projects related to the Provincial Growth Fund. Courtney/Rutledge Carried |
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The meeting was adjourned from 3.31p.m. until 3.45p.m. |
Sand Bags (continued) |
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Resolved CL/2018/119 That the Council in principle Requests that officers investigate potential options to store sand and bags to make available for community use prior to an emergency and report back to the Works and Infrastructure Committee Skinner/Walker Carried |
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The Deliberations on the Long Term Plan were left to lie while Council considered an amended motion regarding the Development Contributions Policy. |
14. Deliberations on Development Contributions Policy (continued) |
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Reserves Development Contribution (continued) |
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Team Leader City Development, Lisa Gibellini provided an amended recommendation, as previously discussed, to clarify the reserves contributions for brownfield intensification and answered questions relating to services overlays, discounts and section sizes. |
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Resolved CL/2018/120 That the Council in principle Directs that officers bring back an amended Development Contributions Policy to the 21 June 2018 Council meeting based on the further decisions made in this deliberations report, as follows: Examples of the operation of the statutory cap for reserves contribution are added to the Policy to better illustrate the operation of s.203(1) of the Local Government Act 2002 (LGA); and Additional wording be added at the end of section 1.2 ‘Transition between policies’ of the 2018 Policy on Development Contributions as shown in Attachment 1 (A1964099); and Amends the draft reserves contribution provisions as follows: Insert new exemption in section 4.6.2 (and amend sequential numbering): 4.6.2 Brownfield intensification a) Council will exempt a residential subdivision from 25% of the amount which would otherwise be payable as a reserve land contribution where the subdivision: (i) has an underlying title of 2000m2 or less; and (ii) creates lots of 300m2 or less; and (iii) is located in the Residential Zone; and (iv) is not located in the Services Overlay. The amended draft proposed methodology for reserves development contributions is approved; and Examples of the operation of the statutory cap are added to the Policy to better illustrate the operation of s.203(1) of the LGA; and Additional wording be added at the end of section 1.2 ‘Transition between policies’ of the 2018 Policy on Development Contributions: Where an application had been received prior to 1 July 2018, notwithstanding anything in the Nelson Policy on Development Contributions and Financial Contributions 2015, the following financial contributions shall no longer be payable: a) The financial contribution of 0.5% of building value that is payable under Table 3 of the 2015 Policy in respect of reserves for residential and non-residential developments; and b) The financial contribution of 2% of estimated building value that is payable for infrastructure in the 2015 Policy.”; and Notes that as a consequence of decisions on the Long Term Plan, amendments may be required to the projects listed in the Development Contributions Policy and the overall quantum of the contributions sought. McGurk/Barker Carried |
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Resolved CL/2018/121 That the Council Confirms all Development Contributions Policy 2018 resolutions made in principle during the deliberations meeting of 15-17 May 2018. McGurk/Barker Carried |
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Resolved CL/2018/122 That the Council Extends the meeting time beyond six hours, pursuant to Standing Order 4.2. Rutledge/Walker Carried |
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15. Deliberations on Long Term Plan 2018 - 2028 (continued) |
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Spreadsheet of Responses from Submitters |
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The meeting considered the spreadsheet of responses to submitters page by page and Her Worship the Mayor invited comments from members, noting that responsibility for finalising response letters to submitters sat with the relevant committee chairs. It was confirmed that officers would do a final check regarding the relevant committees. Councillors’ comments were forwarded to officers to be taken into account when producing the response letters. |
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Submission number 18666 - The New Zealand King Salmon Co Ltd – the meeting agreed that Council should respond to the submission, noting Nelson’s desire to work positively with the aquaculture industry and was supportive of aquaculture opportunities. Submission number 18660 – It was requested that Uniquely Nelson’s funding be increased by $45,000 to allow for the provision of a support person on a permanent basis. Officers advised that the Council was currently sitting at a 3.85% rates rise as a result of extra funding allocated in deliberations. In response to a suggestion that the CBD enhancement fund be reduced proportionately to allow the extra funding, officers explained that the CBD enhancement fund had already been reduced by $15,000 for the Santa Parade, and that the suggestion would leave the fund at only $10,000 per year. |
Attendance: Councillor Noonan left the meeting at 4.10p.m. Attendance: Councillor Barker left the meeting from 4.20p.m. until 4.22p.m. |
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Further discussion took place regarding operational and capital components, the impact on rates and breaching the rates cap, the process for funding applications, the Bridge Street Artworks, the work of the City Development Team and the intent of the CBD Enhancement Fund. |
Attendance: Councillor Lawrey left the meeting from 4.27p.m.until 4.29p.m. Attendance: Councillor Rutledge left the meeting from 4.29p.m. until 4.30p.m. |
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Motion That the Council in principle Supports Uniquely Nelson’s submission for additional funding of $45,000 to be funded from the CBD Enhancement Fund. Courtney/Skinner The motion was lost. |
Reserve Pathways |
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Submissions 18919 and 18980 – Concern was raised regarding the use of glyphosate for the routine maintenance of already cleared pathways within the parks system. Property Parks and Facilities Asset Manager, Andrew Petheram advised that there was no need to spray glyphosate once pathways had already been cleared and he noted that there were opportunities to reduce the use of glyphosate on pathways in reserves. |
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Resolved CL/2018/123 That the Council in principle Agrees where practicable and within existing budgets, that vegetation along pathways be maintained by methods other than chemical control. Fulton/Lawrey Carried |
Maungatapu Connection |
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Submission number 19045 – officers were asked to engage with Nelson Tasman Cycle Trails Trust regarding potential opportunities around the Maungatapu Track, noting that this was potentially an exciting opportunity for future tourism and it was appropriate to initiate the discussions. Discussion took place regarding the use of tracks by motor cyclists, 4WD vehicles, mountain bikes and cycle tourists. Property Parks and Facilities Asset Manager, Andrew Petheram clarified that the proposition was to build an easier gradient track for cyclists separate to the Maungatapu Track. |
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Resolved CL/2018/124 That the Council in principle Supports investigation of a Maungatapu connection for cycle tourism opportunities. Her Worship the Mayor/Rutledge Carried |
Forestry |
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It was noted that part of Council’s Forestry Strategy was to transition some of its own forestry block out of commercial forestry and into regeneration projects. This process had been adopted and implemented and the Forestry Advisory Group were working through the project. |
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Resolved CL/2018/125 That the Council Approves the spreadsheet in Attachment 1 (A1962326), as amended, be used as the basis of responses to submitters on matters raised and to amend the Long Term Plan as necessary. Her Worship the Mayor/Courtney Carried |
The Deliberations on the Long Term Plan were left to lie while Council considered Item 8 of the Agenda.
16. Item of business to lie on the table
Resolved CL/2018/126 That the Council Leaves the Public Excluded item Tahuna Beach Holiday Park: Supplementary Information to lie on the table until the Extraordinary Meeting to be held on Thursday 24 May 2018. Her Worship the Mayor/Skinner Carried |
17. Confirmation of Long Term Plan 2018-28 Deliberations decisions
The Mayor gave a final thank you to staff for their quality advice and hard work relating to the Long-Term Plan 2018-28 and thanked Elected Members for their work in that challenging process. |
Resolved CL/2018/127 That the Council Receives the report Deliberations on the Long Term Plan 2018-28 Consultation Document and Concurrent Consultations (R9180) and its attachment (A1962326); and Confirms all Long Term Plan 2018-28 resolutions made in principle during the deliberations meeting of 15-17 May 2018. Her Worship the Mayor/Barker Carried |
18. Restating Development Contributions Resolutions for Clarity |
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As the final resolutions for the Development Contributions Policy were taken in parts and amendments were made to the officer recommendations, the complete resolution is shown below. |
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Resolved CL/2018/128 That the Council Receives the report Deliberations on the Development Contributions Policy 2018 (R9229) and its attachments (A1964099, A1966064); and Directs that officers bring back an amended Development Contributions Policy to the 21 June 2018 Council meeting based on the decisions made in this deliberations report, as follows: Additional wording be added to the explanatory note on Page 6 and minor amendments throughout the Policy as shown in Attachment 1 (A1964099). No change is required to the transitional provisions of the Draft Policy for Development Contributions 2018 Policy. Amend section 4.12.1iii to allow discretion up to 24 months where the applicant can demonstrate substantial progress has been made; and No change is required to the provisions of the Draft Development Contributions 2018 Policy for retirement villages; and No change is required to the provisions of the Draft Development Contributions 2018 Policy in relation to private public partnerships; and
No change is required to the provisions of the Draft Development Contributions 2018 Policy to provide for delayed payment until building consent issue. Area 21 Wastney Terrace is moved from Table 4 Development areas not catered for under this policy to Table 3 Development areas catered for under this policy; and No change is required to Area 20 Werneth Tce; and Examples of the operation of the statutory cap for reserves contribution are added to the Policy to better illustrate the operation of s.203(1) of the Local Government Act 2002(LGA); and Additional wording be added at the end of section 1.2 ‘Transition between policies’ of the 2018 Policy on Development Contributions as shown in Attachment 1 (A1964099); and Amends the draft reserves contribution provisions as follows: Insert new exemption in section 4.6.2 (and amend sequential numbering) : 4.6.2 Brownfield intensification b) Council will exempt a residential subdivision from 25% of the amount which would otherwise be payable as a reserve land contribution where the subdivision: i. has an underlying title of 2000m2 or less; and ii. creates lots of 300m2 or less; and iii. is located in the Residential Zone; and iv. is not located in the Services Overlay. The amended draft proposed methodology for reserves development contributions is approved; and Examples of the operation of the statutory cap are added to the Policy to better illustrate the operation of s.203(1) of the LGA. Additional wording be added at the end of section 1.2 ‘Transition between policies’ of the 2018 Policy on Development Contributions: Where an application had been received prior to 1 July 2018, notwithstanding anything in the Nelson Policy on Development Contributions and Financial Contributions 2015, the following financial contributions shall no longer be payable: a) The financial contribution of 0.5% of building value that is payable under Table 3 of the 2015 Policy in respect of reserves for residential and non-residential developments; and b) The financial contribution of 2% of estimated building value that is payable for infrastructure in the 2015 Policy.; and Notes that as a consequence of decisions on the Long Term Plan amendments may be required to the projects listed in the Development Contributions Policy and the overall quantum of the contributions sought. McGurk/Barker Carried |
19. Restating Long Term Plan 2018 - 2028 Deliberations Resolutions for Clarity |
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As the final resolutions for the Long Term Plan were taken in parts and amendments were made to the officer recommendations, the complete resolution is shown below. |
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Resolved CL/2018/129 That the Council Transport Receives the report Regional Land Transport Committee Amended Works Programme to the Long Term Plan 2018-2028 (R9308) and its attachment (A1961231). Includes in the Long Term Plan (LTP) the Regional Land Transport Plan (RLTP) work programme and budget as proposed by the Regional Transport Committee on 11 May 2018, as set out in item 3.2 of the tabled document A1971913. Saxton Growth Area: Transport
Agrees the transport projects added under the Saxton Growth Area have a relatively low degree of significance; and Agrees, having regard to both the significance of the projects to be added and the matters in section 79(2) of the Local Government Act 2002, that a) Council has sufficient knowledge of the views and preferences of persons likely to be affected by, or have an interest in, the projects to be added; and that b) appropriate consideration has been given to the views and preferences of persons likely to be affected by, or have an interest in, the projects to be added; and that c) no additional consultation need be undertaken; and Allocates $15.6 million capital expenditure and $450,000 operational expenditure for the Saxton Area Growth Transport projects to be delivered through an investigation phase 2018/19 to 2020/21 and a construction phase 2022/23 to 2026/27 in the Long Term Plan 2018-28. Saxton Growth Area: Other Projects
Agrees to include in year 2019/20 of the Long Term Plan the following projects: · Upgrade of Hill Street North · Extension of water main from Suffolk Road to Hill Street North · Increase capacity of water line from Ngawhatu to Suffolk Road · Upgrade wastewater system/chamber at Elm Street · Extension of wastewater Network from Daelyn Drive to Hill Street North
Champion Road Roundabout Makes a provisional allocation to bring forward the $150,000 for the Champion Road roundabout from 2021/22 to 2019/20 to align with Tasman District Council funding, subject to a satisfactory transport outcome. Saxton Creek Upgrade Approves additional budget of $160,000 for the Saxton Creek bridge widening in year 2019/20. Regional Cooperation Approves operational funding of $16,000 per annum to support the Regional Sector Office and $10,000 per annum 2018/19 to 2020/21 to support collaboration on a fish passage research and development programme. Santa Parade Approves an annual allocation of $15,000 from the Central Business District Enhancement Fund (operational funding) for the holding of an annual Santa Parade. RSA Funding Approves annual operational funding of up to $11,500 to support the Nelson Branch of Returned and Services Association (RSA) to deliver ANZAC Day commemorations, contingent on a funding contract being agreed between the RSA and Council. Volunteer Nelson Approves funding of $4,000 to support staff to work on volunteering in Nelson and how Council can support groups to respond to changing trends and demands. Hospice Approves funding of $150,000 for the Nelson Tasman Hospice for its new facility in Stoke, contingent on other fundraising being successfully completed and the project confirmed to proceed.
Bridge Street Directs staff to report to Council on priorities for use of the Central Business District Enhancement Fund for 2018/19, including consideration of the Bridge Street cultural development project. Library Directs staff to prepare a development brief to inform a revised Business Case for the Elma Turner library re-development, taking into account wider issues involving the development of the riverside precinct, technology change and the future of libraries
Refinery Agrees that funding for The Refinery set out in 11.53 of the Long Term Plan 2018-28 Deliberations report (R9180) remains. Education Nelson Marlborough Approves $5,000 to support the work of Education Nelson Marlborough in 2018/19, with funding to be confirmed by staff once the results of the Regional Development Strategy work is known. Mountain Biking Approves additional funding of $190,000 in 2018/19, $100,000 in 2019/20 and $210,000 in 2020/21 in the Long Term Plan 2018-28 as a grant to the Nelson Mountain Bike Club for trail development and preparations to allow hosting of the Enduro World Series in Nelson in 2021; and Agrees that the release of each annual amount is contingent on achievement of outcomes as set out in a funding contract between the Nelson Mountain Bike Club and Council. Great Taste Trail Brings forward Great Taste Trail funding of $204,400 for Council’s contribution to the Tahunanui Beach to airport section from 2019/20 to 2018/19, increasing the 2018/19 budget to $808,988; and Approves $10,000 in 2018/19 so that a geotechnical report and design plan can be prepared for a proposed off-road route between the Maitai Dam and the Maitai Camp; and Approves $50,000 in 2019/20 to develop the off-road route between the Maitai Dam and the Maitai Camp; and Provides $50,000 in 2018/19 to renew the Dun Mountain Trail from Coppermine Saddle to the Maitai Dam and $50,000 in 2018/19 to reinstate the trail below the slip along the Maitai Pipeline; and Notes that the capital expenditure share of these projects is subject to the Ministry for Business, Innovation and Employment confirming a 50% share of the project costs. Nelson Provincial Museum Allocates $1.5 million in 2020/21 and $1.5 million in 2021/22 as provision for a capital grant to the Tasman Bays Heritage Trust for a new regional collection facility Tasman Rugby Union Notes that staff will report back in 2018/19 on a policy for ownership and maintenance of lights on Council grounds. Saxton Field Adjustments Brings forward the $20,000 in 2021/22 and $880,000 in 2022/23 allocated for the resurface/replacement of the Saxton Field Athletics Track to 2018/19 and 2019/20 respectively; and Notes that bringing forward the resurfacing project is contingent on the orientation remaining unchanged or the Top of the South Athletics Charitable Trust raising all the additional funding required; and Retains up to $60,000 contribution in 2018/19 for Velodrome lighting and/or shading; and Moves the $20,000 in 2018/19, $200,000 in 2019/20 and $20,000 in 2020/21 for cycle/path development at Saxton Field to commence in 2021. Kohatu Motorsport Park Directs staff to initiate consideration of the Kohatu Motorsport Park as a potential regional facility through a future Regional Funding Forum. Coastguard vessel Allocates $20,000 funding in 2018/19 to support the Nelson Volunteer Coastguard appeal for a new vessel, contingent on other funding being successfully raised and the project going ahead. Spotlight on Stoke Agrees to bring the funding for the Stoke Youth Facility forward, to commence with consultation in 2018/19, investigation and design in 2019/20 and construction in 2020/21. Grampians Track Adds $15,000 to Renewals: Track (353172701492) in 2018/19 for a zig zag section on the Grampians main ridge track. Paremata Flats Agrees that over time it will look to cease grazing open areas at the Paremata Flats Reserve and transition towards maintaining remaining grass through management methods other than grazing. Grampians Land Purchase Requests that officers investigate the potential options for Grampian (Havik) land and report back to the Sports and Recreation Committee in time for the 2019/20 Annual Plan. Neale Park Allocates capital funding of $30,000 in each of the first three years (2018/19, 2019/20 and 2020/21) of the Long Term Plan 2018-28 to improve the surface of fields at Neale Park.
Natureland Allocates $248,000 operational funding for Natureland Wildlife Park in 2018/19; and Allocates $170,000 operational funding per annum in 2019/2020 to 2027/28 of the Long Term Plan 2018-28; and Allocates $50,000 in 2018/19 for capital works, with further capital funding dependent on Council approving the outcomes to be achieved from a reviewed capital programme; and Agrees that the release of each annual amount is contingent on achievement of outcomes as set out in a funding contract between the Natureland Wildlife Trust and Council. Brook Waimarama Sanctuary Notes that the release of future funding to the Brook Waimarama Sanctuary Trust is subject to successful completion of a Memorandum of Understanding between Council and the Trust; and Agrees the release of each subsequent year’s funding will be contingent on achievement of outcomes as set out in a funding contract between the Brook Waimarama Sanctuary Trust and Council. Rates Remission Policy Amends the Rates Remission Policy to allow an exemption for groups delivering “affordable, social and community” housing. Policy on Remission and Postponement of Rates on Māori Freehold Land Amends the Policy on Remission and Postponement of Rates on Māori Freehold Land to read under Conditions and Criteria section a) “Council will upon application and approval of remission add properties to the register”. Stoke Library Behaviour Includes a budget provision of $50,000 for 2018/19 of the Long Term Plan 2018-28 to provide security guards, phasing out over time as circumstances permit, and youth workers to deal with youth antisocial behaviour at Stoke Library; and Directs staff to engage central government agencies to discuss ongoing responsibilities for service provision; and Requests staff to report back on successes and next steps before the end of 2018/19. Accommodation Business Rating
Provincial Growth Fund Includes an allocation of $50,000 of operational funding in 2018/19 for additional resources to work on projects related to the Provincial Growth Fund. Sand Bags Requests that officers investigate potential options to store sand and bags to make available for community use prior to an emergency and report back to the Works and Infrastructure Committee. Reserve Pathways Agrees where practicable and within existing budgets, that vegetation along Reserve pathways be maintained by methods other than chemical control. Maungatapu Connection Supports in principle investigation of a Maungatapu connection for cycle tourism opportunities. Her Worship the Mayor/Courtney Carried |
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Attachments 1 A1971913 Council 17May2018 RTP Committee report 2 A1972003 Council Long Term Plan Minute Attachment (walking and cycling) Map 15May2018 3 A1982851 Development Contributions PowerPoint - Council May 16 2018. 4 A1982864 Council 16May2018 National Performance Review - Waimea Dam |
There being no further business the meeting ended at 5.27p.m.
Chairperson
Date
Minutes of an extraordinary meeting of the Nelson City Council
Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson
On Thursday 24 May 2018, commencing at 10.30am
Present: Her Worship the Mayor R Reese (Chairperson), Councillors I Barker, M Courtney, B Dahlberg, K Fulton, M Lawrey, P Matheson, B McGurk, 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), Team Leader Governance ( R Byrne) and Governance Adviser (E Stephenson)
Apology: Councillors L Acland and G Noonan
Opening Prayer
Councillor Dahlberg gave the opening prayer.
1. Apologies
Resolved CL/2018/117 That the Council Receives and accepts an apology from Councillors L Acland and G Noonan. Barker/Dahlberg Carried |
2. Confirmation of Order of Business
There was no change to the order of business.
3. Interests
There were no updates to the Interests Register. Councillor Rutledge declared an interest in the Public Forum item in relation to Natureland.
4. Public Forum
4.1 Martin Rodd, Director Partnerships, Department of Conservation - Funding spoke to Council about the reduction in funding for Natureland and its impact. He was supported by Devon McLean, Trustee of Project Janzoon.
Attendance: Councillor Rutledge had declared an interest and left the meeting at 10.34a.m.
Mr Rodd gave an outline of the work of the Department of Conservation and discussed strategic partners, which included top of the south local government and Ngāi Tahu. He outlined current projects and advised that with Natureland breeding threatened species in captivity this was an important support for the programmes. He noted species restoration was an expensive process and having the ability to access this in Nelson was a distinctive advantage.
Mr McLean updated Council about Project Janzoon and noted that they worked closely with Natureland whose facilities played a key part in incubating and raising threatened species. He said should Natureland close, then Christchurch would be the closest facility which could provide similar facilities and expertise. Mr McLean answered questions on the funding Project Janzoon provided to Natureland in the form of investment in incubation facilities and support of staff costs and the ability for Natureland to increase the number of breeding programmes.
Mr Rodd answered questions on funding available through the Department of Conservation and the focus on biodiversity.
5. Exclusion of the Public
Garry Ward (President), June Eyles, Ian Allport, Keith Swift and Eric Davy from Tahuna Beach Camp Society, will be in attendance for Item 1 of the Public Excluded agenda to speak to Council and, accordingly, the following resolution was required to be passed:
Attendance: Councillor Rutledge returned to the meeting at 11.18a.m.
Resolved CL/2018/118 That the Council Confirms, in accordance with section 48(5) of the Local Government Official Information and Meetings Act 1987, Garry Ward (President), June Eyles, Ian Allport, Keith Swift and Eric Davy from Tahuna Beach Camp Society remain after the public has been excluded, for Item1 of the Public Excluded agenda (Tahuna Beach Holiday Park), as they have knowledge that will assist the Council; Notes, in accordance with section 48(6) of the Local Government Official Information and Meetings Act 1987, the knowledge that Garry Ward (President), June Eyles, Ian Allport, Keith Swift and Eric Davy possess relates to Tahuna Beach Holiday Park. Courtney/Matheson Carried |
Resolved CL/2018/119 That the Council Excludes the public from the following parts of the proceedings of this meeting. The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows: Barker/Her Worship the Mayor Carried |
Item |
General subject of each matter to be considered |
Reason for passing this resolution in relation to each matter |
Particular interests protected (where applicable) |
1 |
Tahuna Beach Holiday Park
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Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7 |
The withholding of the information is necessary: · Section 7(2)(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 11.22a.m. and resumed in public session at 12.56p.m.
There being no further business the meeting ended at 12.56p.m.
Confirmed as a correct record of proceedings:
Chairperson
Date
Item 7: Petition in favour of protecting wild deer population in Marsden Valley
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Council 21 June 2018 |
REPORT R9382
Petition in favour of protecting wild deer population in Marsden Valley
1. Purpose of Report
1.1 To receive the petition from residents of Marsden Valley.
2. Recommendation
Receives the Petition in favour of protecting wild deer population in Marsden Valley (R9382) and its attachment (A1969247); and Requests that
a report on the options for the wild deer population in Marsden Valley be
presented to a future Sports and |
2. Background
2.1 Due to work commitments no one is available to attend Council to speak to the Petition and the organisers have requested that the following information, received by email, supplement their petition:
To: Governance Advisers <governance.advisers@ncc.govt.nz>
Cc: Jenny Tyne <Jenny.Tyne@ncc.govt.nz>; 'john hippolite' <john.samme@hotmail.co.nz>; ah@nelsoncollege.school.nz
Subject: RE: Public forum - Council 21 June 2018
Dear Kelsey
Please find below find an email that we would appreciate being read out at the June 21 council meeting, which is the date we have been informed will be when the Marsden Valley deer petition is tabled with the NCC.
Unfortunately, because this meeting is during working hours, we cannot attend. The main objective of the petition was to give a clear voice to the council regarding the support that the semi-wild Marsden Valley deer have with the residents, and we believe that our covering information and the 110 signatures clearly manage to communicate this.
We request that the in conjunction with the petition, the information below is communicated to councillors at the 21st June meeting. .
Regards
Pete de Jong – pete.dejong@xtra.co.nz
Samme Hippolite – john.samme@hotmail.co.nz
Alex Hassan – ah@nelsoncollege.school.nz
Dear Councillors,
Please accept our apologies at this 21st June Nelson City Council meeting. We are unable to be present due to work commitments.
The petition in front of you is from residents of Marsden Park, Quail Rise and Tussock Place, who all reside in the new Marsden Valley subdivisions. This petition is a positive voice from the signatories supporting the protection of the wild deer population in the valley from any mass removal or culling measures. We believe they are a unique rural feature in this semi-rural residential area, and that continued development of housing over time will be enough to naturally, gently and humanely drive them further up into the hills.
This petition with 110 signatures is derived from around 130 homes in the valley. Houses where no one was at home were not re-visited. This number indicates unquestionably positive support for not only protecting the deer from being culled, but also considering road signage that will improve driver awareness. We feel signage will further reinforce the 'protected status' of the animals against poachers, as well as help mitigate concerns that involve road danger.
A motivation for this petition was our growing awareness of interest groups, who do not reside in the valley, who are keen to have the deer removed. We hope this petition will show the council that residents do not share this view. Most residents have got exciting deer sighting stories, which are quietly shared when neighbours meet, and it all helps with the strong community fellowship in Marsden Valley.
Thank you for presenting this petition on 21st June, so that a formal record is on file. We would appreciate being kept informed of any outcome(s) both immediate, and in the future, which we will pass on to all residents through our Facebook Page.
Thank you in advance for your consideration and we look forward to your reply.
Yours faithfully,
Marsden Valley Residents
Contacts:
Pete de Jong – pete.dejong@xtra.co.nz
Samme Hippolite – john.samme@hotmail.co.nz
Alex Hassan – ah@nelsoncollege.school.nz
Robyn Byrne
Team Leader Governance
Attachments
Attachment 1: A1969247 Letter to Mayor from Marsden Valley Residents - Petition in Favour of Protecting the Wild Deer Population in the Valley ⇩
Item 7: Petition in favour of protecting wild deer population in Marsden Valley: Attachment 1 (A1969247)
Item 8: Mayor's Report
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Council 21 June 2018 |
REPORT R9326
Mayor's Report
1. Purpose of Report
1.1 To update Council on a number of current matters.
2. Recommendation
Receives the report Mayor's Report (R9326) and its attachment (1989403); and Appoints Councillors Acland, Barker, Matheson, Noonan, Rutledge, Skinner and Walker to replace any member on the Conduct Review Panel in the event of a conflict of interest or unavailability of a member; and Nelson City Council Standing Orders section 14.1 Time Limits reference to speakers be amended as follows: 14.1 Time limits A period of up to 30
minutes, or such longer time as the
Individual speakers can speak for up to 5 minutes and representatives from organisations can speak for up to 10 minutes in total. No more than two speakers can speak on behalf of an organisation during a public forum. Where the number of speakers presenting in the public forum exceeds 6 in total, the Chairperson has discretion to restrict the speaking time permitted for all presenters. |
3. Conduct Review Panel
3.1 Clause 11.3 of the Elected Members' Code of Conduct requires that a Conduct Review Panel be appointed at the time the code is adopted, noting that:
The Panel consists of the Mayor and two other elected members, with three additional members available to replace any member who is unavailable or otherwise has a conflict of interest.
3.2 The Council meeting on 22 June 2017 resolved the following:
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.
3.3 To ensure that any matter can be dealt with equitably and efficiently by the Conduct Review Panel, it is recommended that all elected members are appointed to the Panel. This would allow the Chief Executive flexibility in event of a conflict of interest arising or the unavailability of panel members.
4. Local Government New Zealand Remits 2018
4.1 A total of 12 Remits have been accepted for the LGNZ Annual General Meeting to be held on Sunday 15 July. These are:
4.1.1 Drug testing in the community
4.1.2 HCV – Rural roads policy
4.1.3 Heritage buildings
4.1.4 Climate change – advocate to banks
4.1.5 Climate Change Adaptation Fund
4.1.6 Local Alcohol Policies
4.1.7 Biofuels
4.1.8 Walking the talk – single use plastics
4.1.9 A mandatory register of cooling towers
4.1.10 Copper in brake pads
4.1.11 Reducing the waste stream
4.1.12 Tyres stewardship
4.2 A copy of the Remits is attached (A1989403). Please provide any feedback on remits to the Mayor’s office by Friday 6 July 2018.
5. Amendment to Nelson City Council Standing Orders
5.1 During the Long Term Plan Hearings Council trialled the use of a bell to signal to speakers that their speaking time was coming to an end. This was a useful tool in keeping the Hearings on track and will now be used for Public Forums to provide structure to this part of the meeting and to manage governance time democratically and efficiently.
5.2 Current NCC Standing Orders 14.1 Time Limits - stipulates speakers can speak for up to 5 minutes. This requirement may be waived by the Chairperson.
5.3 Previous Standing Orders stipulated representatives from organisations could speak for 10 minutes and it is recommended that Standing Orders be updated as below for the practice of using the bell.
14.1 Time limits
A period of up to 30
minutes, or such longer time as the meeting Chair
may
determine, will be available for the public forum at each scheduled local
authority meeting. Requests must be made to an administration governance adviser at least two clear
days before the meeting; however this requirement may be waived by the
Chairperson.
Individual Speakers can speak for up to 5 minutes and representatives from organisations can speak for up to 10 minutes in total. No more than two speakers can speak on behalf of an organisation during a public forum. Where the number of speakers presenting in the public forum exceeds 6 in total, the Chairperson has discretion to restrict the speaking time permitted for all presenters.
Rachel Reese
Mayor of Nelson
Attachments
Attachment 1: A1989403 2018 AGM Remits ⇩
Item 9: Special Housing Areas Requests May 2018
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Council 21 June 2018 |
REPORT R9171
Special Housing Areas Requests May 2018
1. Purpose of Report
1.1 To consider requests for new Special Housing Areas (SHAs) received over the last quarter up until 4 May 2018.
1.2 To agree that Her Worship the Mayor recommend to the Associate Minister of Housing and Urban Development a SHA approved as suitable by the Council for consideration under the Housing Accord and Special Housing Areas Act 2013 (HASHAA) as amended by the Housing Legislation Amendment Act 2016.
2. Summary
2.1 This report seeks consideration of a SHA at 3A Hill Street North.
1.
3. Recommendation
Receives the report Special Housing Areas Requests May 2018 (R9171) and its attachment (A1978943); and Approves 3A Hill Street North (A1978943), subject to the developer entering into a legal Deed with the Council which requires, amongst other matters, that the developer, at its sole cost: (i) 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 (ii) shall provide plans showing how the SHA development will integrate with the proposed development of the adjacent land at 3B and 3C Hill Street North, and the expected likely future development of adjacent residential zoned land including layout and connectivity of all infrastructure, for the approval by the Group Manager Infrastructure. The approval of the Group Manager Infrastructure shall be submitted with any application for resource consent under HASHAA; and (iii) shall provide to the Council an assessment of the impact of the development of the wider Saxton Growth Area on the Saxton Creek upgrade, for the purposes of determining the requirements for stormwater management as part of any development in the proposed SHA, for the approval of the Group Manager Infrastructure. The approval of the Group Manager Infrastructure shall be submitted with any application for resource consent under HASHAA; and (iv) shall submit the approval of the Urban Design Panel with any application for resource consent under HASHAA. |
4. Background
4.1 The Council entered into a Housing Accord with the then Minister of Building and Housing on 11 June 2015 under the Housing Accord Special Housing Areas Act 2013 (HASHAA). The Accord has been extended three times and now terminates on 16 September 2021.
4.2 In order to meet its obligations under the Housing Accord, especially in relation to targets, Council can consider using Special Housing Areas as a tool under HASHAA. Under the Accord Council can recommend the creation of Special Housing Areas to the Associate Minister of Housing and Urban Development.
4.3 To date the Council has approved 41 SHAs to be recommended to the Minister with a total potential yield of 1481 residential units. 33 SHAS have been recommended to the Minister. Once a SHA has been approved for gazettal, applications may be made for a resource consent and this is called a qualifying development. Applications for qualifying developments are assessed with specific provisions to meet the purpose of the HASHAA.
4.4 To date, 32 qualifying development consents have been granted (this includes consents for some developments that require multiple or staged consents), with a consented yield of 371 housing units, and four sites are either under construction or complete.
4.5 The purpose of this report is to consider a new SHA request under the current Accord received by the Council over the quarter until 4 May 2018.
5. Discussion
5.1 Officers have received a request for one further SHA. Details of the SHA, proposed qualifying development criteria, and an assessment of infrastructure requirements are provided in Attachment 1.
5.2 The criteria used to evaluate SHA suitability and the site’s assessment are also summarised in Attachment 1, along with a map identifying the area. The criteria include the HASHAA requirements that need to be satisfied (infrastructure is likely to be provided and that there is demand for housing), consistency with the Accord, and alignment with the Nelson Resource Management Plan.
Infrastructure Provision
5.3 There are currently constraints on infrastructure in this area, which are being addressed through private and public investment. This investment will result in the provision of bulk water and wastewater services to the proposed SHA site.
5.4 Transport remains an issue in the area due to poor levels of service particularly on the Champion Rd roundabout. A project included in the Council’s 2018-28 Long Term Plan (LTP) to increase capacity, delivered by Nelson City, Tasman District, and Progressive Enterprises, will go some way to alleviating these poor levels although it is dependent on Progressive’s contribution to proceed and does not cater for additional growth in the area.
5.5 Further growth investment in this area is not planned to take place until 2023 onwards, or years 4-8 of the LTP. A transport framework operating study currently being commissioned will provide the detailed scope of the further growth investment required. Until then, infrastructure can be expected to continue to operate at lower levels of service.
5.6 The Council can choose to require developers to enter into a Deed detailing infrastructure requirements that need to be met by the developer. Officers have evaluated the infrastructure requirements of the SHA and recommend that there is a need for a Deed for this SHA to make clear to the developer their responsibility in relation to ensuring sufficient infrastructure capacity/connection to support the development. A disadvantage with entering into a Deed is that it adds officer time and administration to the SHA process and has legal costs associated with it. However this is outweighed by the clarity the Deed provides in identifying who is responsible for costs to provide sufficient infrastructure to serve the SHA.
Advantages, Risks, and Permitted Baseline
Table 1 |
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3A Hill Street North |
|
Advantages |
· The landowner is able to use non-notification and extra discretion provided for under the HASHAA to bring a qualifying development to market more economically than under the RMA, avoiding the need to apply for a non-complying resource consent or private plan change. · Land is made available for an increased supply of housing in an area that can reasonably be expected to be developed for housing at some point in the medium-term. The development would provide approximately 20 additional dwellings. |
Risks and Disadvantages |
· If the SHA is not approved, the land is likely to eventually be developed under the RMA process if and when the land is eventually rezoned as Residential. · The site is zoned Rural Small Holdings – Higher Density and the community may not be anticipating intensive residential development of this site. There is a risk that the adjoining landowners are not supportive of the SHA. This risk is similar to that evaluated by Council for the four SHAs already approved in this area. The Nelson Housing Accord has a particular focus on enhancing supply in existing urban areas. |
Permitted baseline |
· Three residential dwellings can be erected on the site. The Rural Small Holdings Higher Density zone allows an average site area of 10,000m2 and a minimum site area of 5000m2. Further subdivision of this site under the NRMP would be a non-complying activity. |
6. Options
6.1 The Council has recommended four other SHAs to the Minister more or less directly adjacent to 3A Hill Street North under more or less the same infrastructure conditions, each with Qualifying Development criteria of up to two storeys.
6.2 It is recommended that the Council select Option 1 and approve the request.
Option 1: Approve this SHA for recommendation to the Associate Minister of Housing and Urban Development |
|
Advantages |
· If the Council approves the SHA in this report then it will yield approximately a further 20 housing units. It will also ensure orderly and efficient development facilitating services across the boundary of the SHA, and provides that the SHA developers need to work with adjoining developers in concept and show that this can be achieved prior to the Council recommending to the Minister. |
Risks and Disadvantages |
· The risk of this option is that there is pressure on the transport network in the short term prior to growth investment included in the Council’s draft LTP in years 4-8, although the time required to bring dwellings to the market minimises this risk. |
Option 2: Decline this SHA for recommendation to the Associate Minister of Housing and Urban Development |
|
Advantages |
· None |
Risks and Disadvantages |
· The main disadvantage of declining this request is that the Council would appear to be acting inconsistently if it were to decline a recommendation of this request for infrastructure servicing reasons. There would be a loss to the Council in the ability to deliver 20 new dwellings, and may not result in the opportunity to integrate services in an orderly and efficient manner. |
7. Conclusion
7.1 Officers have received one request for an SHA to be recommended to the Associate Minister at 3A Hill Street North.
7.2 The Council as an Accord Territorial Authority is able to consider this request for recommendation to the Associate Minister of Housing and Urban Development.
7.3 Council officers have evaluated the request in accordance with the HASHAA and Nelson Housing Accord intentions and commitments and recommend approval.
Alastair Upton
Senior City Development Planner
Attachments
Attachment 1: A1978943 SHA 3A Hill Street North ⇩
Important considerations for decision making |
1. Fit with Purpose of Local Government This recommendation is consistent with Local Government’s role to provide efficient and effective performance of regulatory functions appropriate to present and anticipated future circumstances by using the enhanced regulatory powers afforded under the HASHAA and the Nelson Housing Accord to enable the release of additional land for housing. |
2. Consistency with Community Outcomes and Council Policy The recommendation is consistent with the Nelson Housing Accord and the Community Outcome: Our urban and rural environments are people-friendly, well planned and sustainably managed. |
3. Risk This recommendation has the risk of negative public perception of this type of development within a Rural zone. The principle risk arises due to the lower level of notification afforded under the HASHAA. If SHA recommended in this report is not approved then there is a risk that development of those sites is not enabled, and the goal of furthering the supply of residential units as part of the Housing Accord is not met. |
4. Financial impact The key financial impact of the SHA requests and recommendation process is the operational expenditure cost of its administration. There is no means for the Council to recover part or all of these costs from applicants and therefore this is a general expenditure of rates. The costs of processing qualifying development consents are recovered from the applicants through charges, which are applied similarly to other consent fees. |
5. Degree of significance and level of engagement The approval of SHAs located in existing residential zones is of low to medium significance because it does not significantly impact the community outside of immediate neighbours. The SHA proposed at 3A Hill Street (Rural Small Holdings Higher Density zoning) is of medium to high significance because the community would not necessarily anticipate development of that site under the Nelson Housing Accord or Nelson Resource Management Plan. The establishment of the SHA recommended in this report will result in qualifying development applications, and at that time engagement with adjacent landowners will occur if the Council’s regulatory arm considers that they are affected. Overall, the establishment of the SHA recommended in this report will assist with increasing housing supply in Nelson which will be of benefit to the wider community. |
6. Inclusion of Māori in the decision making process Maori have not been consulted on this matter. |
7. Delegations No committee of the Council has delegations for the Housing Accord and Special Housing Areas Act 2013 and therefore the matter needs to be considered by the Council. Under Section 85 of the HASHAA, the Council’s Chief Executive is “a consent authority under the RMA and has all associated powers required to effectively carry out his or her functions for the purposes of [the HASHAA].” |
Item 10: Adoption of the Development Contributions Policy 2018
|
Council 21 June 2018 |
REPORT R9335
Adoption of the Development Contributions Policy 2018
1. Purpose of Report
1.1 To adopt the Development Contributions Policy 2018.
2. Recommendation
Receives the report Adoption of the Development Contributions Policy 2018 (R9335) and its attachment A1964099; and Adopts the Development Contributions Policy 2018 (A1964099). |
3. Background
3.1 Under Section 102(2)(d) of the Local Government Act 2002 (LGA), every local authority must adopt a policy on development contributions or financial contributions. The purpose of development contributions is to enable territorial authorities to recover a fair, equitable, and proportionate portion of the capital costs necessary to service growth over the long term.
3.2 Council adopted the Draft Development Contributions Policy 2018 and consultation document on 20 March. Public feedback was sought on the draft Policy between 23 March and 23 April 2018. Hearings were held on 8 May for those submitters wishing to speak to their submissions.
3.3 Council deliberated on the submissions received on 16 May 2018 and made the following resolutions with regard to development contributions:
That the Council
Receives the report Deliberations on the Development Contributions Policy 2018 (R9229) and its attachments (A1964099, A1966064); and
Directs that officers bring back an amended Development Contributions Policy to the 21 June Council meeting based on the decisions made in this deliberations report, as follows:
Additional wording be added to the explanatory note on Page 6 and minor amendments throughout the Policy as shown in Attachment 1 (A1964099).
No change is required to the transitional provisions of the Draft Policy for Development Contributions 2018 Policy; and
Amend section 4.12.1 iii to allow discretion up to 24 months where the applicant can demonstrate substantial progress has been made; and
No change is required to the provisions of the Draft Development Contributions 2018 Policy for retirement villages; and
No change is required to the provisions of the Draft Development Contributions 2018 Policy in relation to private public partnerships; and
No change is required to the provisions of the Draft Development Contributions 2018 Policy to provide for delayed payment until building consent issue; and
Area 21 Wastney Terrace is moved from Table 4 Development areas not catered for under this policy to Table 3 Development areas catered for under this policy; and
No change is required to Area 20 Werneth.
3.4 In respect of the reserves development contributions Council also resolved:
That the Council
Directs that officers bring back an amended Development Contributions Policy to the 21 June Council meeting based on the further decisions made in this deliberations report, as follows:
Examples of the operation of the statutory cap for reserves contribution are added to the Policy to better illustrate the operation of s.203(1) of the Local Government Act 2002; and
Additional wording be added at the end of section 1.2 ‘Transition between policies’ of the 2018 Policy on Development Contributions as shown in Attachment 1 (A1964099); and
Amends the draft reserves contribution provisions as follows:
Insert new exemption in section 4.6.2 (and amend sequential numbering):
“4.6.2 Brownfield intensification
Council will exempt a residential subdivision from 25% of the amount which would otherwise be payable as a reserve land contribution where the subdivision:
(i) Has an underlying title of 2000m2 or less; and
(ii) Creates lots of 300m2 or less; and
(iii) Is located in the Residential Zone; and
(iv) Is not located in the Services Overlay.
The amended draft proposed methodology for reserves development contributions is approved; and
Examples of the operation of the statutory cap are added to the Policy to better illustrate the operation of s.203(1) of the LGA.
Additional wording be added at the end of section 1.2 ‘Transition between policies’ of the 2018 Policy on Development Contributions:
“Where an application had been received prior to 1 July 2018, notwithstanding anything in the Nelson Policy on Development Contributions and Financial Contributions 2015, the following financial contributions shall no longer be payable:
a) The financial contribution of 0.5% of building value that is payable under Table 3 of the 2015 Policy in respect of reserves for residential and non-residential developments; and
b) The financial contribution of 2% of estimated building value that is payable for infrastructure in the 2015 Policy.”
Notes that as a consequence of decisions on the Long Term Plan amendments may be required to the projects listed in the Development Contributions Policy and the overall quantum of the contributions sought.
4. Discussion
4.1 All amendments, as directed by Council on 16 May 2018, have been made to the Development Contributions Policy 2018, and it is now ready for adoption following the adoption of the Long Term Plan.
4.2 The Policy, once adopted, will take effect from 1 July 2018.
4.3 Once Council has adopted the Development Contributions Policy 2018, submitters will be notified with responses to their submissions. These responses will be formed based on discussion at deliberations and the Committee Chair will review letters before they are sent.
4.4 Officers are preparing a communications strategy, website updates and internal administrative system changes to support the adoption of the new Policy.
5. Options
5.1 Council is required to adopt a Development Contributions (and/or Financial Contributions) Policy, or re-adopt the current Policy, or resolve not to have development contributions by 30 June 2018. Re-adopting the current Policy or not having a Policy would mean all the funding assumptions in the Long Term Plan would need to be re-worked and projects altered in scope and/or timing. These two options are contrary to Council’s previous direction.
5.2 Officers recommend Option 1 Adopt the Development Contributions Policy 2018 as the best option.
Option 1: Resolve to adopt the Development Contributions Policy 2018 as amended by Councils resolutions on 16 May 2018. |
|
Advantages |
· Addresses concerns of some submitters while maintaining consistency with the objectives of the policy. · Allows Council to fund infrastructure required to provide for growth in accordance with s.197AB that development contributions are “…determined according to, and be proportional to, the persons who will benefit from the assets to be provided (including the community as a whole) as well as those who create the need for those asset.” · Ensures compliance with the requirements of the LGA. · Is consistent with the intentions of the amendments to the Resource Management Act 1991 to remove financial contributions by 2022. · Provides a fairer and less complex system, including transitional provisions, for reserve contributions. |
Risks and Disadvantages |
· Does not address the requests of all submitters.
|
Option 2: Resolve to re-adopt the current policy or have no policy on Development Contributions. |
|
Advantages |
· Would satisfy some submitters. |
Risks and Disadvantages |
· Contrary to Council’s previous direction. · The funding assumptions in the Long Term Plan would need to be re-worked and projects altered in scope and/or timing. · May result in lower levels of service than the community anticipates. · Would result in rates funding infrastructure to provide for growth and would have debt and rate cap implications. |
6. Conclusion
6.1 Submissions were sought on the Draft Development Contributions Policy 2018 between 23 March and 23 April. Council heard from submitters on 8 May 2018. Council deliberated on submissions and the changes proposed to the Development Contributions Policy 2018 on 16 May 2018. The Policy has been updated in accordance with Council’s resolutions and is now ready for adoption, following the adoption of the Long Term Plan.
Lisa Gibellini
Team Leader City Development
Attachments
Attachment 1: A1964099 - Development Contributions Policy 2018 ⇩
Important considerations for decision making |
1. Fit with Purpose of Local Government The recommended Development Contributions Policy fits with the Purpose of Local Government (LGA 2002 s10) by providing a means for the Council to fund good-quality local infrastructure in a way that is effective and equitable, in so far that it enables the Council “to recover from those persons undertaking development a fair, equitable, and proportionate portion of the total cost of capital expenditure necessary to service growth over the long term”. |
2. Consistency with Community Outcomes and Council Policy The recommendations in this report are consistent with the Council’s outcomes, in particular that the community has good quality sustainable, integrated, affordable and effective infrastructure and that growth is well managed. Adoption of the Development Contributions Policy 2018 contributes to the Nelson 2060 goal that our economy thrives and contributes to a vibrant and sustainable Nelson. |
3. Risk Consultation has been carried out to determine the level of support from the community of the proposed changes to development and financial contributions. Council has considered any risks highlighted in that consultation, and in deliberating on submissions. |
4. Financial impact The adoption of the Development Contributions Policy 2018 will ensure that those who benefit from Council’s investment in infrastructure to provide for growth fund it. This ensures a minimal impact on debt and rates levels. |
5. Degree of significance and level of engagement The adoption of the Development Contributions Policy 2018 is of low to medium significance because it does not significantly impact on the community, maintains current levels of service and provides a revenue stream that enables Councils investment in infrastructure to support growth to be recovered rather than funded by rates. Engagement on this decision is not required as submissions have already been sought and considered. |
6. Inclusion of Māori in the decision making process Māori have not specifically been consulted on this report. |
7. Delegations The Planning and Regulatory Committee has the responsibility for development contributions, however the delegations register contains a note that “All powers relating to the review of the Development and Contributions Policy are referred to Council”. |
Item 11: Adoption of Long Term Plan 2018-28
|
Council 21 June 2018 |
REPORT R9334
Adoption of Long Term Plan 2018-28
1. Purpose of Report
1.1 To adopt the Long Term Plan 2018-28 and set the rates for 2018/19.
2. Summary
2.1 Council has deliberated on submissions to the Consultation Document for the Long Term Plan 2018-28. The next step in the process is for Council to adopt the final Long Term Plan 2018-28. This step need to be completed by 30 June 2018, then the rates for 2018/19 can be set.
2.2 Audit New Zealand has audited the Long Term Plan, including the supporting documents that are included in that document, and the audit opinion will be tabled at the meeting.
3. Recommendation
Receives the report Adoption of Long Term Plan 2018-28 (R9334) and its attachment (A1990404); and Adopts the Revenue and Financing Policy (pages 181 – 206 of A1990404) and the Rates Remission Policy (page 207 -218 of A1990404); and Adopts the Long Term Plan 2018-28 (A1990404) pursuant to Section 93 of the Local Government Act 2002; Delegates the Mayor and Chief Executive to make any necessary minor editorial amendments prior to the release of the Long Term Plan 2018-28 to the public; and Sets and assesses the following rates under the Local Government (Rating) Act 2002, on rating units in the district for the financial year commencing on 1 July 2018 and ending on 30 June 2019. The revenue approved below will be raised by the rates and charges that follow: Revenue approved: General Rate $38,889,490 Uniform Annual General Charge $8,544,542 Stormwater and Flood Protection Charge $5,804,518 Waste Water Charge $7,793,889 Water Annual Charge $3,628,673 Water Volumetric Charge $8,466,904 Clean Heat Warm Homes and Solar Saver $460,019 Rates and Charges (excluding GST) $73,588,035 Goods and Services Tax (at the current rate) $11,038,205 Total Rates and Charges $84,626,240 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 0.72712 cents in the dollar of land value on every rating unit in the “residential – single unit” category. • a rate of 0.72712 cents in the dollar of land value on every rating unit in the “residential empty section” category. • a rate of 0.79983 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 plus 10% differential on land value. • a rate of 0.79983 cents in the dollar of land value on every rating unit in the “multi residential” category. This represents a plus 10% differential on land value. • a rate of 1.83016 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 plus 151.7% differential on land value. • a rate of 1.55458 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 plus 113.8% differential on land value. • a rate of 1.27900 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 plus 75.9% differential on land value. • a rate of 1.00270 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 plus 37.9% differential on land value. • a rate of 2.46057 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 plus 238.4% differential on land value. • a rate of 2.02721 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 plus 178.8% differential on land value. • a rate of 1.59384 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 plus 119.2% differential on land value. • a rate of 1.16048 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 plus 59.6% differential on land value. • a rate of 2.36677 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 plus 225.5% differential on land value. • a rate of 1.95668 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 plus 169.1% differential on land value. • a rate of 1.54731 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 plus 112.8% differential on land value. • a rate of 1.13721 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 plus 56.4% differential on land value. • a rate of 0.47263 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 0.65441 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 $415.94 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 $317.59 per rating unit, this rate is assessed on all rating units 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: • $432.30 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 $108.07 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) $197.68 (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 $2.102 per m³ Usage from 10,001 – 100,000 cu.m/year $1.659 per m³ Usage over 100,000 cu.m/year $1.310 per m³ Summer irrigation usage (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 assessed the Clean Heat Warm Homes rate 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 assessed the Clean Heat Warm Homes rate as a result of agreements entered into prior to 1 July 2011 the targeted rate of:
(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. 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:
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:
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:
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 after the last date for payment stated above, to be added on the penalty date as shown above. • a charge of 10% will be added on 6 July 2018 to any balance from a previous rating year (including penalties previously charged) remaining outstanding on 1 July 2018. • a further additional charge of 10% will be added on 8 January 2019 to rates (including penalties previously charged) to which a penalty has been added under the bullet point above and which remains unpaid on 7 January 2019. 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 after the last date for payment to be added on the penalty date as shown above. 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 2018. If full payment of the annual rates is not paid by 20 November 2018 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 20 August 2018. Payment of Rates The rates shall be payable at the Council offices, Civic House, 110 Trafalgar Street, Nelson between the hours of 8.30am to 5.00pm Monday, Tuesday, Wednesday and Friday and 9.00am to 5.00pm Thursday. Where any payment is made by a ratepayer that is less than the amount now payable, the Council will apply the payment firstly to any rates outstanding from previous rating years and then proportionately across all current year rates due. |
4. Background
4.1 Council consulted on the Long Term Plan 2018-28 through its Consultation Document from 23 March to 23 April 2018. The Consultation Document, supporting documents and related consultations of the Revenue and Financing Policy and the Rates Remission Policy were publicised online, through public notices, social media, at community meetings, and in several editions of Council’s fortnightly publication Our Nelson.
4.2 Council received a total of 434 submissions, and 162 submitters spoke at hearings on 7, 8 and 9 May 2018. Council deliberated on the submissions on 15, 16 and 17 May 2018. At the deliberations meeting Council considered the submissions and made decisions on a wide range of matters. These decisions have been incorporated into the Long Term Plan 2018-28 (attachment 1).
4.3 Council also consulted on a draft Development Contributions Policy and a proposed contribution to the Waimea Dam. Adoption of the Development Contributions Policy is part of a separate report to this meeting, but will be included as an appendix to the Long Term Plan. The Waimea Dam contribution was already included in the financials in year three and Council, at the deliberations meeting, confirmed that proposal.
5. Discussion
Long Term Plan 2018-28
5.1 The Long Term Plan 2018-28 (LTP) is presented for Council to adopt. It includes material from the Consultation Document and supporting documents.
Changes are highlighted and include, updated wording to reflect the decisions made as part of the deliberations process, suggestions from Audit New Zealand and officers to some performance measures, to make these clearer and/or more results-focused.
Rates Remission, and Revenue and Financing Policies
Council also needs to adopt the Rates Remission Policy, as amended through the deliberations process, and the Revenue and Financing Policy (not amended from the draft consulted on).
Setting of the Rates and Charges
5.2 Following adoption of the Long Term Plan 2018-28 Council needs to pass a resolution to set the rates for the 2018/19 financial year. This resolution must be passed after the Long Term Plan is adopted and the resolution must be consistent with the Council’s Revenue and Financing Policy and the Funding Impact Statement contained in that Plan.
5.3 The Local Government (Rating) Act 2002 sets out the procedure for setting rates and penalties. Given the importance of ensuring that the rates resolution is correct, the resolution in this report has been externally reviewed for legal compliance by Council’s legal advisors.
Letters to submitters
5.4 Once Council has adopted the Long Term Plan 2018-28, responses will be sent to submitters. These responses will be based on information provided to, and the discussions at, the deliberations meeting. Committee Chairs will review the letters before they are sent.
6. Options
6.1 Council can, as recommended, adopt the Long Term Plan 2018-28 and set the rates for the 2018/19 financial year. Alternatively, Council could ask that further amendments be made to budgets and/or the Long Term Plan 2018-28, and that updated documents and resolutions be brought back to a future Council meeting.
6.2 Adopting the Long Term Plan and setting the rates is the preferred option. The alternative would mean that Council would not be able to set rates for 2018/19 by 1 July 2018, and a further consultation process and audit of the document would probably be required.
7. Conclusion
7.1 It is recommended that Council adopt the Long Term Plan 2018-28 and set the rates for the 2018/19 financial year.
Nicky McDonald
Acting Group Manager Strategy and Communications
Attachments
Attachment 1: Long Term Plan 2018-28 (A1990404) (Circulated separately) ⇨
Important considerations for decision making |
1. Fit with Purpose of Local Government Adopting the Long Term Plan and the Rates Resolution fits with the purpose of local government as these two processes set out; what services Council intends to provide, how these services will be measured, and how each service will be funded. |
2. Consistency with Community Outcomes and Council Policy Implementation of the Long Term Plan is the key method used by Council to implement the Community Outcomes. |
3. Risk There is a risk that Council has made decisions on the Long Term Plan in response to submissions that some submitters do not agree with. There are risks that the services and capital programme might not be delivered. This problem might arise if there was a significant emergency in the region, or if, due to market conditions, Council is unable to secure staff with the right skills. |
4. Financial impact The adoption of this Long Term Plan will result in an average rates increase in the first three years, adjusted for the impact of growth, 3.8%, 3.9% and 3.4% respectively. Over the following seven years, the overall increase in rates required including growth would average 2.4%. Debt is forecast to rise to $186.4m in 2024/25 before reducing to $181.8m by 2027/28. The Long Term Plan 2018-28 forecasts show Council is proposing to remain within its rates and debt limits. |
5. Degree of significance and level of engagement The decisions on the content of the Long Term Plan 2018-28 are of high significance to residents and ratepayers of Nelson because of the financial and service level consequences. The Local Government Act 2002 (the Act) requires Council to use the Special Consultative Procedure for the Consultation Document, and some of the supporting documents. Council has undertaken this process and met the requirements of the Act. |
6. Inclusion of Māori in the decision making process Māori were consulted during the development of, and the formal submission process, for the Consultation Document. A hui for iwi was held on 20 October 2017 and there was subsequent sharing of further information and offers of meetings. |
7. Delegations The adoption of the Long Term Plan and setting of rates are decisions of Council. |
Item 12: Amended Memorandum of Understanding of the Nelson Regional Sewerage Business Unit and amended Terms of Reference of the Nelson Tasman Regional Landfill Business Unit
|
Council 21 June 2018 |
REPORT R9353
Amended Memorandum of Understanding of the Nelson Regional Sewerage Business Unit and amended Terms of Reference of the Nelson Tasman Regional Landfill Business Unit
1. Purpose of Report
1.1 To approve the amended Memorandum of Understanding (MOU) for the Nelson Regional Sewerage Business Unit (NRSBU) and the amended Terms of Reference (TOR) for the Nelson Tasman Regional Landfill Business Unit (NTRLBU) to provide for the following:
· voting rights for iwi representatives appointed to these business units; and
· remuneration of the appointee to be in accordance with the joint council policy for the remuneration of independent persons to committees and business units.
1.2 To approve remuneration for iwi representatives to be set at $8000 per annum for the first three year term of appointment.
2. Summary
2.1 On 27 March 2018, at the meeting of the Joint Committee of Tasman District Council (TDC) and Nelson City Council (NCC), during discussions in relation to the NRSBU, the importance of voting rights and fair remuneration for any iwi representatives was discussed.
2.2 The MOU for the NRSBU and the TOR for the NTRLBU already provide for the inclusion of an iwi representative on these Boards and that the representative shall be remunerated in accordance with Council’s protocol on meeting fees.
2.3 The report proposes that the MOU and the TOR be amended so that iwi representatives will have voting rights and the remuneration for iwi representatives will be set in accordance with the joint council policy for the remuneration of independent persons appointed to joint committees and business units.
2.4 The above-mentioned policy is still being developed and therefore it is proposed that in the interim, the remuneration for iwi representatives be set at $8000 per annum for the first term of appointment.
This report also proposes that the MOU and the TOR be aligned in respect of the appointment process of iwi representatives and the term of appointment.
3. Recommendation
Receives the report Amended Memorandum of Understanding of the Nelson Regional Sewerage Business Unit and amended Terms of Reference of the Nelson Tasman Regional Landfill Business Unit (R9353) and its attachment/s (A1983272, A1983271); and Approves subject to equivalent approval by Tasman District Council, the amended Memorandum of Understanding (MOU) for the Nelson Regional Sewerage Business Unit (NRSBU) and the amended Terms of Reference (TOR) for the Nelson Tasman Regional Landfill Business Unit (NTRLBU) to provide voting rights for the iwi representatives; and Approves subject to equivalent approval by Tasman District Council, the amended Memorandum of Understanding (MOU) for the Nelson Regional Sewerage Business Unit (NRSBU) and the amended Terms of Reference (TOR) for the Nelson Tasman Regional Landfill Business Unit (NTRLBU) to provide that iwi representatives be remunerated in accordance with the joint policy for the remuneration of independent persons appointed to joint committees and business units; and Approves subject to equivalent approval by Tasman District Council, that the remuneration for iwi representatives be set at $8000 per annum for the first term of appointment; and Notes that once it is completed, the draft joint policy for the remuneration of independent persons appointed to joint committees and business units, will be brought to Council for adoption. |
4. Background
Nelson Tasman Regional Landfill Business Unit
4.1 The NTRLBU and its governance structure, a Joint Committee of NCC and TDC was established in April 2017.
4.2 In relation to iwi representation, the TOR states:
· The NTRLBU will include one iwi advisor, nominated by, local iwi with mana whenua at either landfill site, and appointed by both Councils. This iwi advisor shall be appointed for a period of three years, and in such a way as to provide continuity through the triennial election period. For clarity, the advisor shall not hold voting rights in the NTRLBU. Remuneration will be in accordance with the administering Council’s protocol on meeting fees. (p.3, par. 7)
Nelson Regional Sewerage Business Unit
4.3 In July 2000, the NRSBU and its governance structure, a Joint Committee of NCC and TDC was established.
4.4 In relation to iwi representation, the MOU provides as follows:
· One non-voting member representing, and appointed by, local iwi and remunerated in accordance with the Nelson City Council protocol on meeting fees. (p.2, par 4.2, v)
4.5 The MOU may be amended through a resolution adopted by both councils and the TOR may be varied by joint agreement of the councils.
5. Discussion
Voting rights
5.1 NCC and TDC have noted that in order to properly engage in and influence the business of the NRSBU and the NTRLBU, the iwi representatives on these Boards should have voting rights.
5.2 Through the Long Term Plan consultation document, NCC indicated in relation to building closer relationships with iwi Māori and Mātā Waka, its commitment to the following:
· building effective, lasting, and genuine partnerships with all eight Te Tau Ihu iwi at both operational and governance levels
· supporting iwi and Māori to participate in local government
· delivering Council functions in a way that acknowledges the mana of Te Tau Ihu iwi
· enabling iwi aspirations, particularly following Treaty settlements.
5.3 Key initiatives in relation to the above were also identified and these include representation at a governance level on the NRSBU. The process to appoint an iwi representative to the NRSBU was confirmed as a priority by NCC on 3 May 2018. An iwi representative has not been appointed to the NTRLBU and the position is vacant on the NRSBU.
5.4 Copies of the amended TOR and MOU, with track changes, are Attachments 1 and 2 respectively. The recommended amendments align with Council’s commitments in relation to building closer relationships with iwi and will support the discussions in relation to the above-mentioned appointment process.
Appointment process and term of appointment
5.5 In relation to the appointment of an iwi representative, the TOR states in paragraph seven that the iwi representative will be nominated by local iwi and appointed by both councils. For the term of appointment, the TOR states that the iwi representative “shall be appointed for a period of three years, and in such a way as to provide continuity through the triennial election period”.
5.6 The MOU includes no detail in relation to the term of appointment for iwi representatives and in paragraph 4.2(v) states that the Board would include one member “representing and appointed by local iwi”.
5.7 It is proposed that the TOR be amended so that the iwi representative will be nominated by iwi and confirmed, rather than appointed, by Council. The MOU is proposed to be amended to align with the TOR for both the appointment of the iwi representative, and the term of appointment.
Remuneration
5.8 The iwi representatives are expected to contribute towards governance and strategy and provide cultural input on the operation of the business units. In addition, the representatives provide a valuable liaison role and assist NCC in building effective partnerships with iwi.
5.9 Regular attendance at meetings is considered essential in developing the background knowledge required to fulfil this role effectively. Preparing for, attending and participating in the meetings requires a significant time commitment. The iwi representative would also spend a considerable amount of time liaising with the eight iwi.
5.10 The TOR and the MOU currently specify that the iwi representative be remunerated in accordance with Council’s “protocol on meeting fees”. (In the past, the iwi representative on the Board of the NRSBU was paid $160 per meeting, in accordance with the NCC protocol on meeting fees.)
5.11 The remuneration to iwi representatives should be fair and recognise the contribution appointees are expected to make to the governance of the business unit.
5.12 It is proposed that the MOU and the TOR be amended so that the remuneration of the iwi representative is calculated in the same manner as that of an independent member.
5.13 The TOR for the NTRLBU states that the independent member shall be remunerated in accordance with the councils’ joint policy for the remuneration of independent persons to joint committees. The joint policy will need to be developed and agreed between NCC and TDC.
5.14 A likely starting point for this policy will be the process for determining remuneration for directors to Council Controlled Trading Organisations which is set out in the joint NCC and TDC procedure “Jointly setting remuneration for directors of Council Controlled Trading Organisations” (this procedure is based on the Strategic Pay New Zealand Director’s fees reports).
5.15 Applying the criteria set out in the above procedure to the business units and adjusting purely for variation in meeting frequency, results in a per annum rate of $6000 - $10,000 for independent members appointed to the business units.
5.16 Flexibility will be built into the policy in order to ensure the fees reflect other factors including:
· the time and skill required to carry out the role
· the public service nature of the appointment and the practices of other councils
· whether the role is considered a technical appointment where professional fees apply
· the size, nature and turnover of the organisation (if applicable)
· the ability to attract members who have the necessary expertise.
5.17 In order to ensure the appointment of iwi representatives is progressed efficiently and not delayed while the above-mentioned policy is developed, it is recommended that the remuneration of iwi representative be set at $8000 per annum for the first term of appointment.
Quorum
5.18 Paragraph 19 of the TOR of the NRLBU which deals with quorum for meetings is proposed to be amended to take account of the possible change in the number of members. The proposed amendment, set out below, will bring the TOR into alignment with the MOU.
19. The Quorum for a meeting shall be half of the members if the number of members (including vacancies) is an even number, or a majority if the number of members (including vacancies) is an uneven number.
6. Options
6.1 Council can decide to approve the amended MOU and TOR and put in place voting rights and aligned remuneration for iwi representatives; Council can decide to approve only the amendment in relation to voting rights or only the amendment relating to remuneration; or Council can decide to maintain the status quo.
Option 1: Preferred - Approve amendments in relation to voting rights and remuneration |
|
Advantages |
· Importance of role is recognised · Business units receive the full benefits of having iwi appointees · Opportunity to build relationship and strengthen partnership with iwi · Treats independent members equally · Brings the MOU and the TOR into alignment |
Risks and Disadvantages |
· Will increase the cost of the business unit |
Option 2: Approve amendment in relation to voting rights only |
|
Advantages |
· No increase in the cost of the business unit |
Risks and Disadvantages |
· Importance of role and contribution of iwi representatives is not fully recognised · Business units may not receive the full benefits of having iwi appointees · Lost opportunity to build relationship and strengthen partnership with iwi · Treats independent members and iwi representatives differently |
Option 3: Approve amendment in relation to remuneration only |
|
Advantages |
· Demonstrates that the time contributed by the iwi representative has value |
Risks and Disadvantages |
· Will increase the cost of the business unit · Importance of role is not fully recognised · Business units may not receive the full benefits of having iwi appointees · Lost opportunity to build relationship and strengthen partnership with iwi · Treats independent members and iwi representatives differently |
Option 4: Status quo – amendments not approved |
|
Advantages |
· No additional costs in relation to remuneration |
Risks and Disadvantages |
· Does not recognise the contribution expected from the iwi representatives · Business units will not receive the full benefits of having iwi appointees · Lost opportunity to build relationship and strengthen partnership with iwi · The MOU and TOR will continue to be out of alignment with each other |
Michelle Joubert
Executive Officer
Attachments
Attachment 1: A1983272 DRAFT Amended NTRLBU Terms of Reference ⇩
Attachment 2: A1983271 DRAFT Amended NRSBU Memorandum of Understanding ⇩
Important considerations for decision making |
1. Fit with Purpose of Local Government The decision will support the delivery of effective and efficient waste management and minimisation services in the community. Section 77 of the Local Government Act 2002 – (1) A local authority must, in the course of the decision-making process, - (a) seek to identify all reasonably practicable options for the achievement of the objective of a decision and (c) if any options identified under paragraph (a) involves a significant decision in relation to land or a body of water, take into account the relationship of Maori and their culture and traditions with their ancestral land, water, sites, waahi tapu, valued flora and fauna and other taonga Section 81 of the Local Government Act 2001 – (1) A local authority must – (a) establish and maintain processes to provide opportunities for Maori to contribute to the decision-making process of the local authority; and (b) consider ways in which it may foster the development of Maori capacity to contribute to the decision making processes of the local authority; and (c) provide relevant information to Maori for the purposes of paragraphs (a) and (b) |
2. Consistency with Community Outcomes and Council Policy The recommendation aligns with Council’s commitment set out in the Long Term Plan consultation document: · building effective, lasting, and genuine partnerships with all eight Te Tau Ihu iwi at both operational and governance levels · supporting iwi and Māori to participate in local government · delivering Council functions in a way that acknowledges the mana of Te Tau Ihu iwi · enabling iwi aspirations, particularly following Treaty settlements The recommendation aligns with the following Community Outcomes: · Our infrastructure is efficient, cost effective and meets current and future needs · Our Council provides leadership and fosters partnerships, a regional approach and community engagement. |
3. Risk The approval of the amended MOU and TOR poses no significant risks. |
4. Financial impact There will be a small cost increase associated with the increased remuneration level for iwi advisors. |
5. Degree of significance and level of engagement Assessed against Council’s Significance and Engagement Policy, the decision is of low significance - there is no change to levels of service, the financial impact is low, the decision does not impact Council’s ownership of a strategic asset, it does not impact Council debt or rates, the decision is reversible and the decision aligns with Council commitments as outlined in the Long Term Plan consultation document. Officers consider that consultation with the community is not required. |
6. Inclusion of Māori in the decision making process [to be confirmed] |
7. Delegations Amendments to the MOU of the NRSBU and the TOR of the NRLBU are decisions for full Council. |
Item 12: Amended Memorandum of Understanding of the Nelson Regional Sewerage Business Unit and amended Terms of Reference of the Nelson Tasman Regional Landfill Business Unit: Attachment 1