Nelson City Council Minutes - 9 August 2018
Minutes of a meeting of the Nelson City Council
Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson
On Thursday 9 August 2018, commencing at 9.09a.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 (R Ball), Group Manager Corporate Services (N Harrison), Group Manager Strategy and Communications (N McDonald), Team Leader Governance (R Byrne), Governance Adviser (E Stephenson) and Youth Councillors Alex Hunter and Nico Frizell.
Apologies : Nil
Opening Prayer
Councillor Noonan gave the opening prayer.
2. Confirmation of Order of Business
Her Worship the Mayor advised that the meeting would need to move into public excluded session at mid-morning and after lunch to provide for the travel schedules of external advisers.
There were no updates to the Interests Register; Councillor Matheson declared an interest with the item relating to 1 Kinzett Tce on the Public Excluded Agenda.
Attendance: Councillor Acland left the meeting at 9.12a.m.
4.1 Graeme O'Brien
Mr O’Brien spoke about transparency of process and the rights of Nelson residents to participate in local government processes.
He thanked Councillor Lawrey for the Notice of Motion on the agenda to live-stream public workshops. He felt that reasons given for holding workshops with the public excluded were flimsy. He further noted that once workshops were live-streamed he expected more would be held outside the Chambers.
Mr O’Brien outlined that he had asked Council for a schedule of workshops and which were open to the public and was not satisfied that he been provided with sufficient information.
Attendance: Attendance: Councillor Acland returned to the meeting at 9.16a.m.
4.2 Harry Morrison, Harrys Nelson Restaurant and Bar, and Nick Widley, Cod and Lobster Brasserie - Upper Trafalgar Street Closure for Summer
Mr Morrison thanked Council for the trial in closing Upper Trafalgar Street over the previous summer. He noted that with the capital investment businesses had made, they hoped this would be ongoing. Mr Morrison indicated that locals and visitors had a place to congregate and instantly felt like a community.
Mr Morrison and Mr Widley advised that communication between all businesses in area had become a lot more cohesive over the trial period and also suggested that Council could invest in more tables and chairs in the public area. They noted 1903 square was under-utilised and Council could promote better use of this public space.
5.1 21 June 2018
Document number M3572, agenda pages 13 - 34 refer.
Resolved CL/2018/166 That the Council Confirms the minutes of the meeting of the Council, held on 21 June 2018, as a true and correct record. |
5.2 2 July 2018 - Extraordinary Meeting
Document number M3601, agenda pages 35 - 37 refer.
Resolved CL/2018/167 That the Council Confirms the minutes of the extraordinary meeting of the Council, held on 2 July 2018, as a true and correct record. |
6. Recommendations from Committees
6.1 Works and Infrastructure Committee - 28 June 2018
6.1.1 Joint Waste Management and Minimisation Plan
Resolved CL/2018/168 That the Council Approves the draft Joint Waste Management and Minimisation Plan (A1987259 of report R8965) and the Statement of Proposal (A1987256 of report R8965) that will allow the Special Consultative Procedure to commence; and
Approves, following the decision by the Tasman District Council’s Engineering Services Committee on 21 June 2018 to add two additional Tasman councillors to the Nelson Tasman Joint Waste Working Party to hear and deliberate on submissions to the Joint Waste Management and Minimisation Plan, that in addition to Nelson City Councillors Walker, Barker and Lawrey that Nelson City Councillors Matheson and Dahlberg be added to the Working Party; and
Approves that the Nelson Tasman Joint Waste Working Party Terms of Reference (A1831374) be amended to reflect the additional Nelson City Councillors of Matheson and Dahlberg as well as the addition of Tasman District Councillors Ogilvie and Wensley. |
Attendance: Councillor Matheson left the meeting from 10.05a.m. until 10.08a.m.
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Chief Executive, Pat Dougherty, advised that there would be an update on the status of the recycling market as part of the 2019/20 Annual Plan discussions. |
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Resolved CL/2018/169 That the Council
Approves the funding resulting from the global drop in commodity prices for the 2018/19 financial year at an estimated cost of between $88,500 and $94,500, funded from current reserves in the Solid Waste account. |
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The meeting adjourned at 10.15a.m. to recognise Mr Bill Findlater’s contribution to Nelson Regional Development Agency. Her Worship the Mayor presented Mr Findlater with a plaque of the City of Nelson crest to acknowledge his service to the city, along with a gift from Nelson City Council.
The meeting reconvened at 10.53a.m. |
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A public excluded report titled Legal Advice - Greenmeadows was to be considered as a late item. The information was time sensitive and had come to hand after the agenda had been distributed. |
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Resolved CL/2018/171 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. |
Kerry Anderson and Rachel Taylor of DLA Piper were in attendance for Item 3 of the Public Excluded agenda to answer questions and, accordingly, the following resolution was required to be passed.
Resolved CL/2018/172 That the Council Confirms, in accordance with section 48(5) of the Local Government Official Information and Meetings Act 1987, Kerry Anderson and Rachel Taylor from DLA Piper remain after the public has been excluded, for Item 3 of the Public Excluded agenda (Statement of Understanding – update and legal advice), 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 Kerry Anderson and Rachel Taylor possess relates to legal advice. |
Resolved CL/2018/173 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: |
Agenda Item |
General subject of each matter to be considered |
Reason for passing this resolution in relation to each matter |
Particular interests protected (where applicable) |
3 |
Statement of Understanding - update and legal advice
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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)(g) To maintain legal professional privilege · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) |
Late Item |
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 |
The meeting moved into Public Excluded at 10.58a.m. and reconvened at 12.56p.m. at which time the legal adviser and Trust members providing advice on Item 4 of the Public Excluded Agenda were present at the meeting.
Stuart Ritchie from Fletcher Vautier & Moore and Trust members Peter Dawson, Andy Joseph and Buzz Falconer were in attendance for Item 4 of the Public Excluded agenda to answer questions and, accordingly, the following resolution was required to be passed.
Resolved CL/2018/174 That the Council Confirms, in accordance with section 48(5) of the Local Government Official Information and Meetings Act 1987, Stuart Ritchie from Fletcher Vautier & Moore and Peter Dawson, Andy Joseph and Buzz Falconer remain after the public has been excluded, for Item 4 of the Public Excluded agenda (1 Kinzett Terrace Lease), 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 Stuart Ritchie , Peter Dawson, Andy Joseph and Buzz Falconer possess relates to legal advice and the lease. |
Resolved CL/2018/175 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: |
Agenda Item |
General subject of each matter to be considered |
Reason for passing this resolution in relation to each matter |
Particular interests protected (where applicable) |
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4 |
1 Kinzett Terrace Lease
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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 |
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The meeting moved into Public Excluded at 12.58a.m. and reconvened at
3.00p.m.
9. Recommendations from Committees (Agenda item 6 Reconvened)
6.2 Sports and Recreation Committee - 3 July 2018
6.2.1 Fees and Charges 2018/2019 - Parks and Facilities
Resolved CL/2018/176 That the Council Approves the revised fees and charges for Community Facilities and Parks for 2018/19 outlined in the report R9397 and its attachment (A1984651). |
6.3 Planning and Regulatory Committee - 5 July 2018
6.3.1 Environmental Monitoring Charges - Statement of Proposal
6.3.1 Environmental Monitoring Charges – Statement of Proposal
An administrative error had been identified with the table on Page 2 of the Statement of Proposal which would be corrected. This correction was for charges to be comprehensive. Changes were outlined and tabled.
Resolved CL/2018/177 That the Council Approves the establishment of charges for its Environmental Monitoring and Science programme as provided for under Section 36 of the Resource Management Act 1991; and Approves the amended Statement of Proposal Draft Fees and Charges for Environmental Monitoring and Science – Resource Consents Activity (A1979547) and commences a Special Consultative Procedure under section 83 of the Local Government Act 2002, for feedback on the proposed charges; and Agrees that a summary of the Statement of Proposal is not required. |
1 A2025625 Amendment to Recommendations from Committees P&R 05Jul201818 |
6.3.2 Nelson Tasman Land Development Manual - Authority to Complete Review
Resolved CL/2018/178 That the Council Considers all matters relating to · the Draft Nelson Tasman Land Development Manual and its release for public feedback; and · the Draft Nelson Resource Management Plan change for public feedback. |
6.4 Governance Committee - 26 July 2018
6.4.1 Nelson Regional Development Agency - Events Contestable Fund
Resolved CL/2018/179 That the Council: Approves an overdraft of the following amounts from the Events Contestable Fund by the Nelson Regional Development Agency: 2017/18 $47,296 2018/19 $206,838 2019/20 $66,467 with the result that the Events Contestable Fund reserve will be overdrawn until 2020/21; and Requires the Nelson Regional Development Agency to ensure the Events Contestable Fund is operated within the yearly allocation by 2020/21. |
Document number R9386, supplementary agenda pages 4 - 74 refer.
Her Worship the Mayor tabled an addendum to the Mayor’s report which outlined travel to join a visit to Denmark and required Council approval.
Her Worship the Mayor presented her report and answered questions on the proposed Committee structure, the visit to Denmark and a proposed southern hemisphere Climatorium.
Resolved CL/2018/180 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:
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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Resolved CL/2018/181 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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1 A2032748 Addendum to Mayors Report 09Aug2018. |
11. Brook Reserve - Classification and Road Stopping Processes
Document number R9522, agenda pages 38 - 51 refer.
Group Manager Strategy and Communications, Nicky McDonald and Senior Legal Adviser, Fiona McLeod presented the report. Chief Executive, Pat Dougherty explained that a potential legal risk had been identified with the classification of local purpose reserve, recreation. The classification was proposed to be updated to local purpose reserve, outdoor leisure, conservation and education.
Attendance: Councillor Acland left the meeting from 3.30p.m until 3.36p.m.
Attendance: Councillor Noonan left the meeting from 3.37p.m. until 3.39p.m.
Ms McLeod explained that there were legal tests on how to choose a specified purpose and it must not be duplicating the primary purpose of the reserve so by using the word ‘recreation’ Council was introducing legal risk. Using the word outdoor leisure was still aimed at picking up the same activities.
Attendance: Councillor Rutledge left the meeting from 3.45p.m. until 3.48p.m.
Ms McDonald answered questions on the reserve management plan vision and advised that ‘camping’ could be included in the classification to ensure the existing use of the campground be addressed.
The meeting adjourned from 3.55pm until 4.07pm
The number of Panel members were discussed and Councillors Acland and Skinner volunteered to be available; Councillor Fulton offered to chair the Panel.
Resolved CL/2018/182 Receives the report Brook Reserve - Classification and Road Stopping Processes (R9522) and its attachments (A1903135 and A1693973); and Notes the Environment Court’s ruling that the road as marked purple on Attachment 1 (A1903135) can be stopped subject to Council resolving to declare the land reserve under the Reserves Act 1977 so as to amalgamate it into the Brook Recreation Reserve; and Approves that the Chief Executive be delegated authority to proceed with public notification under section 14 of the Reserves Act 1977 of the intention to declare the stopped road land to be reserve to be held as Local Purpose (Outdoor Leisure, Camping, Conservation and Education) Reserve, so as to amalgamate it into the adjoining reserve; and Approves that the Chief Executive be delegated authority to proceed with public notification under section 24A of the Reserves Act 1977 to change the classification of the Local Purpose (Recreation) Reserve as marked green on Attachment 1 (A1903135) to Local Purpose (Outdoor Leisure, Camping, Conservation and Education) Reserve; and Approves that the two public notification processes to declare stopped road land to be reserve and change the specific local purpose of Local Purpose Reserve run concurrently; and Approves the appointment of the Brook Reserve Hearings Panel to hear, deliberate and make recommendations back to Council on any submissions received as part of the public notification processes; and Approves the Brook Reserve Hearings Panel membership be comprised of three members from Councillors Fulton, McGurk, Noonan Acland, Skinner and, Deputy Mayor Matheson depending on availability; and Approves the Terms of Reference for the Hearings Panel as set out in Attachment 2 (A1693973). |
12. Nelson Tasman Land Development Manual
Document number R9387, agenda pages 80 - 218 refer.
Team Leader City Development, Lisa Gibellini presented the report.
Resolved CL/2018/183 That the Council Receives the report Nelson Tasman Land Development Manual (R9387) and its attachment/s (A2013438, A2013398, A2013457, A2013449, A1988205); and Approves the draft Nelson Tasman Land Development Manual (A2013438), draft practice notes (A2013398, A2013457, A2013449) and draft plan change to the Nelson Resource Management Plan (A1988205) for release on 13 August 2018 for public feedback under the Local Government Act and public comment under clause 34 First Schedule Resource Management Act; and Delegates the hearing of feedback under section 78 of the Local Government Act and comments under clause 34 First Schedule of the Resource Management Act to a joint hearing panel comprising Councillors Lawrey and McGurk as members of the Steering Group plus Councillor Fulton together with three Tasman District Council Councillors (Councillors King and Bryant plus one other). Delegates to the hearing panel the power to make recommendations to the Nelson and Tasman Councils to adopt or amend the Nelson Tasman Land Development Manual and associated practice notes. |
13. Future Development Strategy
Document number R9508, agenda pages 76 - 79 refer.
Team Leader City Development, Lisa Gibellini presented the report and noted that the reference of 30-50 years in paragraph 2.8 should read ’30 years’.
Resolved CL/2018/184 That the Council Receives the report Future Development Strategy (R9508); and Approves the preparation of a Future Development Strategy for the Nelson and Tasman Regions in partnership with Tasman District Council. |
14. Brook Waimarama Sanctuary Trust: Memorandum of Understanding
Document number R9392, agenda pages 52 - 62 refer.
Group Manager Strategy and Communications, Nicky McDonald, presented the report.
Resolved CL/2018/185 That the Council Receives the report Brook Waimarama Sanctuary Trust: Memorandum of Understanding (R9392) and its attachment (A1941842); and Adopts the Memorandum of Understanding, delegating the Mayor to sign on behalf of Council; and Delegates to the Mayor and Chief Executive to make any necessary minor editorial amendments prior to signing. |
15. Upper Trafalgar Street - Summer Closure 2018/19
Document number R9197, agenda pages 63 - 75 refer.
Executive Officer, Michelle Joubert presented the report and answered questions on the practicality of including smokefree requirements in leases for outdoor dining areas and noted that lease agreements already existed and these could not be changed. New small lease agreements would be prepared for additional space that businesses would be using for closure but there would be a risk that one business had outdoor dining not covered by a new lease.
Group Manager Environment, Clare Barton, advised that Council officers had been meeting with landlords and retailers in the CBD over previous weeks and acknowledged that some businesses would gain more benefit from the closure. Outdoor dining leases had been valued and were adjusted in relation to proximity to upper Trafalgar St so the benefits businesses gained from their location and closure of Trafalgar St would be proportional.
Attendance: Councillor Acland left the meeting from 4.55p.m. until 5.00p.m.
Resolved CL/2018/186 That the Council Receives the report Upper Trafalgar Street - Summer Closure 2018/19 (R9197) and its attachments (A1935325, A1944077, A2008577); and Approves the temporary closure of Upper Trafalgar Street (between Selwyn Place and Hardy Street) in accordance with section 342 and schedule 10 clause 11(d) of the Local Government Act 1974 with the following conditions: - The closure will commence on 8 November 2018 and conclude on 30 April 2019; and - From 09:00am every day to 7:00am on each following day, the street will be closed to all vehicles apart from emergency vehicles and other vehicles specifically authorised by Council’s network coordinator Confirms that the capital ($20,000) and operational ($53,000) expenditure required for the 2018/19 closure of Upper Trafalgar Street will be funded through the CBD Enhancement budget and that all fees generated through Upper Trafalgar Street licences to occupy additional space during the closure, will be credited back to this budget; and Notes that the summer 2018/19 closure of Upper Trafalgar Street will require net capital expenditure of $12,000, which will be funded from the CBD Enhancement budget. |
Resolved CL/2018/187 That the Council
Requests officers to report to the Planning and Regulatory Committee on options to make Upper Trafalgar Street smoke free via Council’s Smokefree Policy, following discussion with businesses and retailers in the area. |
It was noted that smokefree included vapefree.
Attendance: Councillor Noonan and Councillor Walker left the meeting at 5.07p.m.
16. Notice of Motion from Cr Lawrey: Live-streaming Public Meetings and Workshops
Document number R9572, agenda pages 219 - 221 refer.
Councillor Lawrey presented his Notice of Motion to live-stream all public meetings and workshops and to live-stream the Regional Transport Committee. He noted this was a simple step to increase transparency, give greater access for the public to Council processes and hopefully lead to a greater interest into workings of local government.
Recommendation
That the Council
Receives the report Notice of Motion from Cr Lawrey: Live-streaming Public Meetings and Workshops (R9572) and its attachment (A2018993); and
Confirms live-streaming of all Nelson City Council public meetings and workshops, including public meetings and public workshops held by all committees and sub-committees ; and
Confirms that Nelson City Council live-streams all Regional Transport Committee’s public meetings and public workshops.
Lawrey/Acland
Attendance: Councillor Walker returned to the meeting at 5.09p.m.
Her Worship the Mayor updated Council that after the last Regional Transport Committee, officers discussed live-streaming with Mr Jim Harland, the LTSA representative on the Committee. He had checked with the Agency there were no issues with participating while in a live-streamed meeting.
Business Unit Manager Governance and Support Services, Mary Birch was called upon to provide some advice on the practice of other councils. Ms Birch advised that officers had sought feedback from the sector and it was clear that no other councils live-streamed and the few that did publicly notify workshops included this generically in a Council meeting schedule. She noted that if Council chose to live-stream guidelines and protocols would need to be created and reiterated that workshops were not meetings because no resolutions or decisions were made.
Group Manager Strategy and Communication, Nicky McDonald answered questions on constraint of discussion for officers and elected members and possible misreporting of comments taken out of context.
Councillor Rutledge noted that no information had been received and this would not satisfy the proper decision making process. He moved a procedural motion that the matter be left to lie until an officer’s report on further information was brought to the Council meeting on 20 September 2018.
Item of business to lie on the table |
Resolved CL/2018/188 That the Council Leaves the item Notice of Motion from Cr Lawrey: Live-streaming Public Meetings and Workshops to lie on the table until an officer’s report with further information is brought to the Council meeting on 20 September 2018. |
Attendance: Councillor Acland left the meeting at 5.39p.m.
Resolved CL/2018/189 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 |
Council Meeting - Public Excluded Minutes - 21 June 2018 |
Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7. |
The withholding of the information is necessary: · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) |
2 |
Extraordinary Council Meeting - Public Excluded Minutes - 2 July 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 |
3 |
Recommendations from Committees Chief Executive Employment Committee 10 July 2018 Recommendations: Chief Executive Performance to 30 June 2018 Chief Executive Performance Agreement 2018/19 Chief Executive Remuneration Review Governance Committee 26 July 2018 Recommendation: Council Support for One-Day International Cricket Games in 2019 |
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) |
The meeting went into public excluded session at 5.39p.m. and resumed in public session at 6.11p.m.
There being no further business the meeting ended at 6.11p.m.
Confirmed as a correct record of proceedings:
Chairperson
Date