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
1. Exclusion
of the Public
Recommendation
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That
the Council
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.
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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
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General subject of each matter to be considered
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Reason for passing this resolution in relation to each matter
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Particular interests protected (where applicable)
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1
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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
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The
withholding of the information is necessary:
· Section 7(2)(g)
To maintain legal
professional privilege
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Item 1: Mayor's Report
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Council
9 August 2018
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REPORT R9386
Mayor's
Report
1. Purpose
of Report
1.1 To
update Council on a number of current matters.
2. Recommendation
1.
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That the Council
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:
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Chair
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Deputy Chair
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Membership
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Cr Barker
(no change)
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Cr Dahlberg
(no change)
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Her Worship the Mayor Reese
Cr Acland
Cr Noonan
Cr Skinner
Cr Rutledge
Cr Courtney
Cr Walker
External Appointees x2
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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.
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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:
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Role
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2017/18
annual remuneration
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2018/19
annual remuneration
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Mayor
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$131,066
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$137,869
|
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Deputy Mayor
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$60,984
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$61,673
|
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Committee Chairperson
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$48,952
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$49,750
|
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Deputy Committee Chair
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$42,479
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$43,171
|
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Councillor
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$40,452
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$41,115
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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
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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
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