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Administration Adviser |
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10 August 2018
Memo to: Mayor and Councillors
Memo from: Administration Advisers
Subject: Council – 9 August 2018 – SUPPLEMENTARY AGENDA
1. Late Item: Legal Advice - Greenmeadows
Document R9613
A public excluded report titled Legal Advice - Greenmeadows is to be considered as a late item at this meeting.
Section 46A(1)-(6) of the Local Government Official Information and Meetings Act 1987 and Standing Order 9.8 require that agendas are distributed with the associated reports. As this report was not distributed with the agenda for this meeting, it must be treated as a major late item to be considered at this meeting.
In accordance with section 46A(7) of the Local Government Official Information and Meetings Act 1987 and Standing Order 9.12, a procedural resolution is required before an item that is not on the agenda for the meeting may be dealt with.
In accordance with section 46A(7)(b)(i) the reason why the item was not on the agenda is because it came to hand after the agenda had been distributed.
In accordance with section 46A(7)(b)(ii) the reason why discussion of this item cannot be delayed until a subsequent meeting is because the legal advice is time sensitive .
Recommendation
That the Council
Considers the public excluded item regarding Legal Advice - Greenmeadows at this meeting as an item not on the agenda, pursuant to Section 46A(7)(a) of the Local Government Official Information and Meetings Act 1987, as the legal advice is time sensitive.
Public Excluded Business
Recommendation
Confirms, in accordance with section 48(5) of the Local Government Official Information and Meetings Act 1987, name and name remain after the public has been excluded, for Item# of the Public Excluded agenda (item title), as he/she/they has/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 name and name possess/possesses relates to description. |
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 |
Legal Advice - Greenmeadows
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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)(g) To maintain legal professional privilege |
Item 1: Mayor's Report
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Council 9 August 2018 |
REPORT R9386
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 (R9386) and its attachments (A1986249, A1183061, A1739267, A1667136, A1702206, and A2019677); and Ceases the operation of the Commercial Subcommittee and transfers its functions and responsibilities to the Governance Committee from 1 July 2018; and Amends the membership of the Governance Committee as follows:
Appoints John Murray and John Peters as External Appointees of the Governance Committee. Adopts the updated delegations for the Governance Committee, as outlined in Attachment 1 (A1986249); and Adopts the amended Terms of Reference for the Forestry Advisory Group as outlined in Attachment 3 (A1739267); and Confirms that with the dissolution of the Commercial Subcommittee John Murray be retained as an external appointment and Chair of the Forestry Advisory Board; and Confirms the amendments to external members’ remuneration in accordance with Selection, Appointment and Remuneration Policy for External Appointees on Council Committees and Selection Appointment and Remuneration of External Appointees on Council Subcommittees Policy 2017-2019 with effect from 1 July 2018; and Notes that the Delegations Register and Governance Statement will be updated accordingly to reflect these changes. |
3. Donations from the Mayoral Discretionary Fund
3.1 The following donations have been made from the Mayoral Discretionary Fund:
3.1.1 A donation of $1,000.00 to the Nelson City Brass Band. The Club’s Youth Band is attending the 138th National Brass Band Championship in Blenheim from 11-15 July 2018 and the Youth Band is competing on 14 July. The contribution will be put towards costs relating to the hire of a coach, entry fees and purchasing uniform polo shirts for the team.
3.1.2 A donation of $1,000.00 to Nelson Women’s Refuge. This donation was made in honour and as an acknowledgement of the birth of the daughter of Prime Minister Jacinda Ardern and her partner Clarke Gayford.
3.1.3 A donation of $1,008.00 to Nelson Celtic Pipe Band who are travelling to Shanghai in September 2018 to attend the Shanghai Tourism Festival. The contribution will be put towards costs of uniform shirts for the Band which will include the City of Nelson emblem and the Celtic Pipe Band logo. We are also funding a City of Nelson flag which will be used during public performances and donated to the hosts as a gift.
4. Nelson City Council Governance Statement 2016 – 19
4.1 At its meeting on 23 March 2017 Council adopted the Governance Statement. At the time Council resolved that a further review of the Governance statement be undertaken following Council defining its vision. Council completed the vision of Nelson, the Smart Little City for inclusion in the Long Term Plan 2018 – 2028.
4.2 A workshop discussion is scheduled at the conclusion of this meeting to seek elected members’ views on the scope of a review and the timing of a report to Council to amend the Governance Statement.
5. Change to Committee Structure
5.1 Following a midterm review of governance, changes were made to the membership of some committees at the Council meeting on 3 May 2018. At the time I signalled that a report reviewing the operation of the Commercial Subcommittee would be forthcoming.
5.2 There is unnecessary complexity and delay with the current committee system. In particular, there is fragmentation of decision-making on property matters where matters are going to multiple committees.
5.3 To improve continuity of decision-making and provide a greater opportunity for a whole of organisation response and policy setting, I propose that, effective from 9 August 2018, the Commercial Subcommittee ceases and its functions and responsibilities are returned to the Governance Committee.
5.4 Additionally, to provide Council with greater access to independent member expertise, I propose that the membership of the Governance Committee reverts to include two external appointees and that the current external advisers John Murray and John Peters to be appointed to the Committee in accordance with Council’s Selection, Appointment and Remuneration Policy for External Appointees on Council Committees, (A1667136) attached for information.
5.5 The Forestry Advisory Group currently reports directly to the Commercial Subcommittee; going forward the Group will report to the Governance Committee. The decision-making delegations and forward work programme of the Forestry Advisory Group is significant. Its workload will increase over the next year as we engage with the Billion Trees initiative and prepare for conversion of blocks from plantation forestry to alternative uses. Government officials have requested a meeting with the Group to ensure we have canvassed all options that could benefit from the Billion Trees fund.
5.6 External Adviser John Murray is currently Chair of this Group and it is recommended that he remains in this position as an external appointee. Council’s Selection, Appointment and Remuneration Policy for External Appointees on Council Subcommittees (A1702206) provides the mechanism for this appointment. Mr Murray has advised he would not accept the full remuneration ($10,500) available under current policies but would accept a lesser remuneration ($3,000) for the period of the current triennium to retain parity with Mr Peters.
5.7 The Forestry Advisory Group Terms of Reference are attached (A1739267) and have been updated to reflect the necessary changes.
5.8 There are no additional budget requirements for the 2018/19 year.
6. Hearings Panel – Other
6.1 At its meeting on 20 March 2018 Council added the following to Hearings Panel – Other delegations:
6.1.1 Council’s decision on changes to the schedules to the Parking and Vehicle Control Bylaw (in addition to the current delegation to the Planning & Regulatory Committee).
6.1.2 Council’s administering body functions on rights of way and other easements under the Reserves Act 1977 (RA)
6.2 The purpose of this delegation was because Hearing Panels are scheduled to occur as and when required, which meant that a quicker decision could be provided for the customer or for Council staff to make changes sooner to administer the provisions in section 48 of the Reserves Act more effectively.
6.3 Currently we call on two members to form the Panel however with the increase in the level of decision making it is appropriate that this be extended to three. While some members will bring experience to the panel others could use this as a good development opportunity. I encourage members to participate and spread the load. No resolution is required to increase the number of members as all members are appointed to the Panel.
6.4 A reminder that members who Chair the Hearing Panel - Other are drawn from those members who have a current certificate for successful completion of the “Making Good Decisions” course. These require renewal three or five yearly.
6.5 Additionally, the Group Manager Strategy and Environment may appoint one or more Independent Commissioners to either assist the Hearings Panel or to hear and determine any particular application, such as when Council is an interested party, other than applications made for temporary road closure under Schedule 10 Clause 11(e) of the Local Government Act 1974.
7. Local Government Members (2018/19) (Local Authorities) Determination 2018
7.1 The Authority’s determination for local government elected members is attached (A2019677). Members’ remuneration will be backdated to 1 July 2018.
7.2 For Nelson, the change is as follows:
Role |
2017/18 |
2018/19 |
Mayor |
$131,066 |
$137,869 |
Deputy Mayor |
$60,984 |
$61,673 |
Committee Chairperson |
$48,952 |
$49,750 |
Deputy Committee Chair |
$42,479 |
$43,171 |
Councillor |
$40,452 |
$41,115 |
7.3 The Authority is currently working on a new remuneration model, the information paper is available on https://www.remauthority.govt.nz/local-government/review-of-setting-remuneration-and-allowances-for-local-government-elected-members/.
7.4 Apart from changes in remuneration levels (a step towards the final levels that will be introduced following the 2019 election) the new determination contains some changes in other areas. For example, because mayors/chairs (except the Chathams) are now deemed to be full time they will no longer be able to claim travel time payments.
7.5 Another change of procedure is that the Authority no longer requires councils to send their expense policies for checking but recommend that Council’s auditor check the policy.
8. Council briefing
8.1 I have asked for the Governance Statement to be circulated (also available on Council’s website) and ask members to stay after the Council meeting for a discussion on updating this and a briefing on the Three Waters Review.
Author: Rachel Reese, Mayor of Nelson
Attachments
Attachment 1: A1986249 P14-15 Delegations Register - track changes Governance Committee ⇩
Attachment 2: A1183061 P37 Delegations Register - Commercial Subcommittee ⇩
Attachment 3: A1739267 Terms of Reference - Forestry Advisory Group - Changes following Ceasing Commercial Subcommittee ⇩
Attachment 4: A1667136 Selection appointment and remuneration of external appointees on Council committees ⇩
Attachment 5: A1702206 Selection appointment and remuneration of external appointees on Council Subcommittees policy 2017-2019 ⇩
Attachment 6: A2019677 Local Government Members 2018/19 Local Authorities Determination 2018 ⇩
Attachment 7: A2011990 Climatorium - Mayoral Market Visit to Denmark - 20-24Aug2018 ⇩
Addendum to Mayor’s Report (tabled):
9. Climatorium – Mayoral Visit to Denmark, 20 – 24 August 2018
9.1 A contingent is visiting Denmark to learn about stormwater management and how Denmark is working with mitigation and adaptation in regards to climate change. A brief overview of the visit is attached (A2011990). Part of the visit will include conversations about a Climatorium proposal. A Climatorium is supported by Wakatu Incorporation, who are attending, as it is seen as an opportunity to attract other research institutes and different people to Nelson for employment and investment.
9.2 Sarah Lund, who has previously worked for the Danish Government, is arranging the trip and it includes representatives from Auckland City Council along with environmental and water engineers from private businesses. Nelson’s contingent will include a representative from Wakatu Incorporation Board, Miriana Stephens, and a NIWA representative.
9.3 Wakatu Incorporation have invited a representative from Nelson City Council to support the delegation. In recognition of the Mayor accompanying the delegation they have secured a contribution of $6,000 from external partners to offset the Mayor’s costs.
9.4 In order to maximise opportunities for Nelson it would be helpful to have a person who has authority to pursue opportunities for Nelson. The particular opportunity of interest is a potential Climatorium. As part of the Provincial Growth Fund consideration is being given to a range of projects that can lift the game for Nelson. A Climatorium would certainly fit that bill. It could also showcase Nelson as world leaders in the climate change space and supports Council’s vision as a Smart Little City.
9.5 Lemvig Climatorium is part of the Coast to Coast Climate Challenge (C2C CC) which is a 6-year climate project that runs until the end of 2022. The overall purpose of the collaboration within the C2C CC is to secure assets from the negative consequences of climate changes. The main purpose of Lemvig Climatorium is to focus on salt water; to collect knowledge about water which is relevant to the trade and industry as well as to tourism and the local population. The European Union has expressed an interest in establishing a Southern Hemisphere Climatorium.
9.6 The overall cost of the visit is approximately $12,500 plus incidentals such as travel insurance. These costs are unbudgeted.
10. Recommendation
That the Council: Confirms the Mayor will act as Nelson City Council’s representative at the Climatorium Market Visit to Denmark; and Approves unbudgeted expenditure of $6,500 |