Agenda of Community Services Committee

N-logotype-black-wide Community Services Committee

30 August 2018

Page No.

1. Apologies

Nil

2. Confirmation of Order of Business

3. Interests

3.1 Updates to the Interests Register

3.2 Identify any conflicts of interest in the agenda

4. Public Forum

4.1 Public Forum - Nelson Festivals Trust Board, update on how the establishment of the Trust and the transition of the festival operations is progressing

5. Confirmation of Minutes

5.1 12 July 2018 8 - 15

Document number M3622

Recommendation

That the Community Services Committee

Confirms the minutes of the meeting of the Community Services Committee, held on 12 July 2018, as a true and correct record.

6. Nelson Festivals Trust - Transition and Trust Deed Update 16 - 39

Document number R9507

Recommendation

That the Community Services Committee

Receives the report Nelson Festivals Trust - Transition and Trust Deed Update (R9507) and its attachments (A2029206 and A2018096).

Recommendation to Council

That the Council

Approves the amended Nelson Festivals Trust Deed (A2029206).

7. Chairperson's Report 40 - 44

Document number R9654

Recommendation

That the Community Services Committee

Receives the report Chairperson's Report (R9654) and its attachment (A2032665); and

Approves retrospectively the Nelson City Council submission (A2032665) to the government’s consultation on a new strategy to prepare for an ageing population.

8. Youth Council Constitution and Update 45 - 48

Document number R9608

Recommendation

That the Community Services Committee

Receives the report Youth Council Constitution and Update (R9608) and its attachment (A1966873); and

Receives the Nelson Youth Council Terms of Reference 2018 adopted by Nelson Youth Council on 23 July 2018.

9. Options for Reviewing Council's Positive Ageing Policy 49 - 60

Document number R9582

Recommendation

That the Community Services Committee

Receives the report Options for Reviewing Council's Positive Ageing Policy
(R9582) and its attachments (A2027424, A2032351 and A2027348);

Agrees that staff initiate work on development of a multi-agency, multi-stakeholder strategy for an ageing population;

Agrees that a Councillor Working Group be formed to support the strategy development; and

Delegates selection of members for a community steering group to the Chair of Community Services with input from the Councillor Working Group.

10. Verbal Update on Stoke Library Water Tightness

Officers will provide a verbal update on Stoke Library water tightness issues prior to a full report to be provided at the Committee’s 18 October 2018 meeting.

11. Greenmeadows Centre - Progress Update (number two) 61 - 64

Document number R9595

Recommendation

That the Community Services Committee

Receives the report Greenmeadows Centre - Progress Update (number two) (R9595).

Public Excluded Business

12. Exclusion of the Public

Recommendation

That the Community Services Committee

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	Community Services Committee Meeting - Public Excluded Minutes - 12 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)(h) To enable the local authority to carry out, without prejudice or disadvantage, commercial activities
2	Greenmeadows Centre - Progress 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)(g) To maintain legal professional privilege · Section 7(2)(h) To enable the local authority to carry out, without prejudice or disadvantage, commercial activities

Item

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Particular interests protected (where applicable)

Community Services Committee Meeting - Public Excluded Minutes - 12 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)(h)

To enable the local authority to carry out, without prejudice or disadvantage, commercial activities

Greenmeadows Centre - Progress 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)(g)

To maintain legal professional privilege

· 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. (delete as appropriate)

· Lunch will be provided. (delete as appropriate)

· Youth Councillors Emma Edwards and Max Scheider will be in attendance at this meeting. (delete as appropriate)

Community Services Committee Minutes - 12 July 2018

Minutes of a meeting of the Community Services Committee

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

On Thursday 12 July 2018, commencing at 9.02a.m.

Present: Councillor G Noonan (Chairperson), Councillors M Courtney (Deputy Chairperson), K Fulton, B McGurk, P Matheson and M Rutledge

In Attendance: Councillors I Barker, T Skinner and S Walker, Chief Executive (P Dougherty), Group Manager Infrastructure (A Louverdis), Group Manager Community Services (R Ball), Group Manager Strategy and Communications (N McDonald) and Governance Adviser (E Stephenson)

Apologies: Her Worship the Mayor R Reese and Councillor M Lawrey

1. Apologies

Resolved CS/2018/019

That the Community Services Committee

Receives and accepts the apologies from Her Worship the Mayor R Reese and Councillor M Lawrey.

Courtney/McGurk Carried

2. Confirmation of Order of Business

The Chairperson advised that Item 8 - Stoke Library Weather Tightness Report would be considered after Item 4 - Public Forum.

3. Interests

There were no updates to the Interests Register, and no interests with items on the agenda were declared.

Attendance: Councillor Rutledge entered the meeting at 9.04a.m.

4. Public Forum

4.1 Public Forum - Jenna Stallard - Scholarship to United World College

Youth Councillor Jenna Stallard addressed the committee regarding her scholarship to the United World College. A PowerPoint presentation was provided.

Attachments

1 A2007035 - Jenna Stallard Scholarship to United World College Powerpoint presentation

5. Stoke Library Weather Tightness Report (Agenda Item 8)

Document number R9489, agenda pages 20 - 66 refer.

An Interim Stoke Library Weathertightness report (A2006114) was tabled.

Manager Parks and Facilities, Rosie Bartlett, provided background information on the tabled interim report. Ms Bartlett advised that a non-invasive investigation into other areas of the library had raised concerns so an invasive inspection would take place on Saturday 14 July. She clarified that the library would remain open on that date.

Property Parks and Facilities Asset Manager, Andrew Petheram, spoke to the report. He advised that he would report back to the next committee meeting to provide a further update and future options. Mr Petheram answered questions regarding Council’s obligations around safety under the Health and Safety Act, the extent of construction work and risks, maintaining public and staff safety, health risks, when the first signs appeared, whether there was any action to check other council properties, regular formal condition assessments and whether there were other similar buildings that officers were aware of.

Resolved CS/2018/020

That the Community Services Committee

Receives the Stoke Library Weather Tightness Report (R9489) and its attachment ‘Weathertightness Report Structural Roof Beams at Stoke Library’ A1999139; and

Directs officers to report back to the Community Services Committee at its next meeting on:

1. Further details and costs relating to the weather tightness of the Stoke Library; and

2. Options to respond to the issues discovered.

McGurk/Matheson Carried

Attachments

1 A2006114 - Stoke Library Interim Weathertightness report 6 July 2018

6. Confirmation of Minutes (Agenda Item 5)

6.1 12 April 2018

Document number M3421, agenda pages 7 - 11 refer.

Resolved CS/2018/021

That the Community Services Committee

Confirms the minutes of the meeting of the Community Services Committee, held on 12 April 2018, as a true and correct record.

Courtney/McGurk Carried

7. Chairperson's Report (Agenda Item 6)

Document number R9490, agenda pages 12 - 14 refer.

The Chairperson provided a verbal addition to her report, reading out an email passed on to Group Manager Community Services, Roger Ball, from the Stoke Library regarding comments received from a library user who had mentioned that young people had recently carried her books and groceries and that youth worker input continued and was having a positive influence on youth in the area.

Group Manager Community Services, Roger Ball, answered questions regarding budget for the gifted Airport sculptures and the reasons for amending the committee’s previous decision were confirmed.

Group Manager Strategy and Communications, Nicky McDonald provided a verbal update on revising Council’s Positive Ageing policy and the possibility of developing a strategy for addressing Nelson’s ageing demographic. She advised that a report would be presented to a future committee meeting looking at options for the work, including the possibility of a community-led strategy.

Ms McDonald answered questions regarding links with the Urban Development Capacity, public seating and infrastructure, the need for a broader approach, allowing older people to engage and being age friendly. Ms McDonald was asked to bring a report to the Committee.

Resolved CS/2018/022

That the Community Services Committee

Receives the report Chairperson's Report (R9490); and

Amends the resolution CS/2018/18 of the Community Services Committee 12 April 2018 to read:

Accepts the gift of ~~nine~~ sculptures for the city from Nelson Airport Limited; and

Thanks the Board of Nelson Airport Limited for making the ~~nine~~ sculptures available as public art for the community to enjoy; and

Delegates decision making on the sites of the ~~nine gifted artworks~~ sculptures that Nelson City Council will receive from Nelson Airport Limited to Councillors Mel Courtney and Kate Fulton, based on advice from the Arts Selection Panel, with an emphasis on exploring options for enhancement in the CBD.

Noonan/Fulton Carried

8. Community Services Report 1 January to 31 May 2018

Document number R9409, agenda pages 15 - 19 refer.

An update to the Community Services Report 1 January to 31 May 2018 to include the statistics for May and June (A2009383) was tabled.

Acting Manager Libraries, Anthony Lewis answered questions regarding trends in library usage statistics and data for longer term trends and said that he could provide further information to the Committee on this if required.

Group Manager Community Services, Roger Ball, answered questions regarding arrangements for Council events related to the All Blacks game, and confirmed that he would provide details of arrangements for the civic component to Councillors via email once they were finalised.

Resolved CS/2018/023

That the Community Services Committee

Receives the report Community Services Report 1 January to 31 May 2018 (R9409).

Matheson/Fulton Carried

Attachments

1 A2009383 - Update to Community Services Report 1 January - 31 May 2018 (R9409)

9. Youth Council Update

Youth Councillor Alex Hunter provided her verbal update on the Youth Council’s activities, which included:

· Youth Councillors had received presentations training in June

· Youth Council had been approached by the Roading and Utilities Manager and given the opportunity to promote bike safety out in the community

· Youth Council had nominated community groups for the Trustpower Community Awards as well itself, and Youth Councillors were looking forward to attending the awards ceremony later this year

· As a result of a forum last year, when it was decided that youth should be included on boards, Miss Hunter had been accepted onto the Big Brother Big Sister Nelson Tasman board.

Miss Hunter also congratulated fellow Youth Councillor Jenna Stallard on achieving her scholarship.

Youth Councillor Nathaniel Rais provided his verbal update, which included:

· Youth Councillors had been spreading awareness about Youth Council at the two Rockquest events via newsletters and a $200 voucher award

· Youth Councillors attendance as youth representatives at meetings of a joint partnership between Nelson City Council, the Ministry of Youth Development and Youth Training Providers

· Youth Council had submitted to the Long Term Plan 2018 – 2028

· Youth Councillors had been involved in a project painting O’l Lumpy (Nelson Bowl) Skatepark, they had handed the project over to Council officers to complete. Youth Councillors were designing a sign for the park to increase awareness of the Youth Council, he said that this was a good opportunity to support heritage and to make it a good place for youth.

10. Greenmeadows Centre - Progress Update

Document number R9486, agenda pages 67 - 70 refer.

The Chair noted that, in light of the recent media release, reasons for confidentiality no longer existed for a substantial amount of the information in the public excluded report on this issue. A redacted public excluded report containing all of the information that was able to be made publicly available (A2009124) was tabled.

Group Manager Infrastructure, Alec Louverdis and Manager Capital Projects, Shane Davies provided background on the issues. They answered questions regarding:

· the reasons that some of the public excluded information needed to remain confidential

· tenant occupation

· cladding issues

· commitment to quality

· building progress

· resourcing

· meetings with the contractor

· project management going forward

· payment of suppliers and subcontractors

· reputational risk

· the tendering and contract evaluation process

· completion date

· review and assessment of lessons learned after the project completion

· review of the tendering policy.

Attendance: Councillor Matheson left the meeting at 10.27a.m. and returned at 10.36a.m.

Attendance: The meeting was adjourned at 10.37a.m. and reconvened at 10.56a.m. Councillor Matheson was not present.

Attendance: Councillor Matheson returned to the meeting at 10.58a.m.

Mr Louverdis and Mr Davies answered further questions regarding project management, additional onsite supervision, the independent assessor, the intention to report back to Council, clarification of additional costs, provision of wiring for an external emergency generator, timeframes and the review process.

Resolved CS/2018/024

That the Community Services Committee

Receives the report Greenmeadows Centre - Progress Update (R9486).

Noonan/Fulton Carried

Attachments

1 A2009124 - Greenmeadows Centre Progress (Public Excluded) Update - redacted

3. Exclusion of the Public

Resolved CS/2018/025

That the Community Services Committee

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

Rutledge/McGurk 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	Greenmeadows Centre - Progress 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)(h) To enable the local authority to carry out, without prejudice or disadvantage, commercial activities

Item

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Particular interests protected (where applicable)

Greenmeadows Centre - Progress 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)(h)

To enable the local authority to carry out, without prejudice or disadvantage, commercial activities

The meeting went into public excluded session at 11.28a.m. and resumed in public session at 12.22p.m.

There being no further business the meeting ended at 12.22p.m.

Confirmed as a correct record of proceedings:

Chairperson Date

Item 6: Nelson Festivals Trust - Transition and Trust Deed Update

Community Services Committee

30 August 2018

REPORT R9507

Nelson Festivals Trust - Transition and Trust Deed Update

1. Purpose of Report

1.1 To approve the amendments to the Nelson Festivals Trust Deed and provide an update on the Trust Board establishment and transition.

2. Summary

2.1 Council has previously approved the draft Trust Deed for the Nelson Festivals Trust and has since appointed a Chair for the Trust Board. The remaining members of the Trust have also been appointed, including two Council appointees.

2.2 The Nelson Festivals Trust Board members have requested changes to the Trust Deed. The requested changes are outlined in this report with the final draft Deed presented for approval.

2.3 The Board members have identified key milestones which will be incorporated into a transition plan with timeframes and more detail for the transition of operations and governance from Council to the Trust. Members of the Trust will be present to provide an update and answer questions.

3. Recommendation

That the Community Services Committee

Receives the report Nelson Festivals Trust - Transition and Trust Deed Update (R9507) and its attachments (A2029206 and A2018096).

Recommendation to Council

That the Council

Approves the amended Nelson Festivals Trust Deed (A2029206).

4. Background

4.1 Council decided in the Long Term Plan 2015-25 to establish an independent governance structure for the Nelson Arts Festival.

4.2 After considering the options, feedback from the Nelson Arts Festival Transition Group, risks, and community feedback, Council decided the new structure would be an independent governing body. On 28 November 2017 Council decided to establish the Nelson Festivals Trust, resolving as follows:

That the Council

Establishes a Charitable Trust, registered as the Nelson Festivals Trust, to provide governance and operations of the Nelson Arts Festival as an independent governing body; and

Implements the transition timeframe and actions outlined in this report (R7929), with transfer of operations to occur in time for the Trust to shadow the 2018 Nelson Arts Festival and to operate the Festival from 2019; and

Directs an interview panel comprising of the Chair Community Services, Deputy Chair Community Services and Her Worship the Mayor, to commence recruitment for a Chair of the Trust and recommend a preferred candidate to Council for approval; and

Notes that due to timeframe requirements, the recruitment process for the Chair will commence before formal Council approval on 9 November 2017, identifying within the application process that it is subject to Council approval; and

Acknowledges that the newly appointed Chair will be responsible for appointing the other initial trustees of the Trust.

4.3 Following a recruitment process, Brent Thawley was selected as the preferred Chair for the Trust Board by Her Worship the Mayor (Rachel Reese), the Chair of Community Services (Councillor Noonan) and Deputy Chair Community Services (Councillor Courtney). On 14 December 2017 Council resolved:

That the Council

Approves the appointment of Brent Thawley as the initial Nelson Festivals Trust Board Chair, subject to successful referee checks and acceptance of the role by the candidate.

4.4 Council considered a draft Trust Deed for the Trust on 14 December 2017 and resolved:

That the Council

Approves the draft Nelson Festivals Trust Deed (A1867010), with the following amendment:

· no casting vote

· two of the trustees to be appointed by the Council on an ongoing basis

4.5 Recruitment for the remaining board members commenced in January 2018 with appointments made in March 2018. Eighteen applications were received and a shortlist of eight applicants was interviewed by a panel comprising the Chair of the Nelson Festivals Trust and the Chair and Deputy Chair of the Community Services Committee.

On 8 March 2018 Council resolved:

That the Council

Appoints the following as Trustees to the Board of the Nelson Festivals Trust for a three-year term concluding March 2021, subject to successful referee checks and acceptance of the role by the candidate:

- Ali Boswijk

- Sarah Yarrow

4.6 (It is noted that the resolutions above in paragraphs 4.3-4.5 were adopted in Public Excluded but have been released under the authority of the Chief Executive.)

4.7 The remaining Trustees were selected by the Chair. The final membership of the Trust comprises:

· Brent Thawley (Chairperson)

· Ali Boswijk (Council appointee)

· Sarah Yarrow (Council appointee)

· Pic Picot

· Caroline Marshall

· Sarah Sharpe

· Debbie Hannan

4.8 The Board members have since held four formal meetings to discuss the future involvement of the Board, the strategic direction for the Festival and the transition of the Festival from Council to the Trust.

5. Discussion

5.1 Since their appointment, the Board members have considered the draft Trust Deed and have requested a number of changes be made. Once finalised, the Trust Deed will be formally submitted to the Registrar of Incorporated Societies and the Trust will become a Legal Entity.

5.2 This report considers the requested changes to the Trust Deed, recommends the final version for Council approval and provides an update on the establishment of the Board as well as the transition plan for the Board to take over operations and governance of the Festival.

Trust Deed updates

5.3 Having considered the Trust Deed prepared by Council and obtaining legal advice, the Nelson Festivals Trust Board members wrote to Council requesting changes to the Deed on 28 June 2018.

5.4 Most of the requested changes are minor and have little effect on the overall purpose of the Deed. Legal advice was sought on the requested changes on behalf of Council and after discussion with the Board Chair, a mutual agreement to the changes was reached. The key changes, as highlighted in the final draft Trust Deed (A2029206) are as follows:

· Clause 3.1 – Amend the first registered office of the Trust to ‘Founders Heritage Park’ as that is where the festivals office is located, rather than using the Council address.

· Clause 4.1 – Broadened statement to include community so that it is clear the education resources could be broader than school-based. This now reads ‘in schools and communities’.

· Clause 4.2 - New Clause added stating that the Trust is restricted from any purpose that is not wholly charitable. This clause was requested by the Board as it will aid registration for charitable status.

· Clause 4.3 and 4.4 - The definition of ‘major transaction’ has been amended to increase the threshold for a major transaction requiring a special resolution from 25% to 75% of the Trust’s assets so that a special resolution is only required where necessary and will not be so cumbersome for the Board with such a small asset base.

· Clause 5.1 - A request for the number of trustees was made to reduce the minimum number to four, however the minimum needs to be six so that it will not be a Council Controlled Organisation (50% of members). Similarly if a non-Council appointee steps down there would need to be the majority of non-Council members, therefore the minimum number of Trustees is changed to six.

· Clause 6.3 – Increase the maximum tenure a Trustee can be on the Board from seven to nine years to allow the Board to maximise the experience of Trustees.

· Clause 7.8 – Wording altered so that the Board can appoint a treasurer or secretary from non-board members.

· Clause 10.1 – Amended to provide that payment to a Trustee for professional services needs the prior written approval of the Board.

· Clause 13.1 - Financial year amended to a calendar year to better align with the timing of the Festival.

· Clause 13.3 – Amended to include that the auditor must not be a board member.

· New Clauses 11.2 to 11.7 - New clauses to address conflicts of interest.

5.5 Other changes requested by the Board, that are not recommended to be changed in the Trust Deed, are as follows:

· Clause 2.2 – The Board requested to change the name of the Board from ‘Nelson Festivals Trust’ to ‘Nelson Festivals Trust Board’ in this clause. Legal advice recommends that this should not be changed as it would mean the Trust would also be named the ‘Nelson Festivals Trust Board’.

· Clause 7.10 – It was requested to include the process around annual meeting – this is not required as this is at the discretion of the Board.

· Clause 9.1 – A request for Board ratification for reimbursement of expenses was requested however that is already adequately covered by clause 9.2.

· Clause 6.5 - Council appointments: a request was made by the Board to amend the Deed to include that Council would need to replace Council appointees within six months should one stand down, and that if not the Board would have power to appoint a replacement Trustee after giving Council notice that it intends to do so. Advice given is that the existing wording should stay and that Council will understand the need to promptly replace any Council Trustee that steps down from the Trust. The existing wording in clause 6.5 should stay.

· Clause 16.1 (c) – The Board requested that the clause for Council to approve any changes to the Trust be replaced with a sub clause prohibiting the Trustees to amend Council appointee provisions, except where the Council is no longer the major funder of the Trust as they believe it would not be appropriate if Council is no longer interested in the Festival or funding it, seeking to control changes to the Deed given it has two appointees. However, Council has previously stipulated that it wishes the Board not to change the wording of the Trust Deed without the Council’s permission, so it is recommended that clause 16.1(c) should remain unchanged. After discussing the request with the Board Chair, it was agreed the current wording will remain, on the basis that if the Council ceases to be a major funder in future, Council would consider a request from the Board to not require Council approval to make changes to the Trust Deed.

Transition update

5.6 The Board members have met formally four times to discuss the formation of the Board and begin planning for the transition for the Board to take over operations and governance of the Festival. The key areas of focus for the Board at this time include:

5.6.1 Strategic planning and community engagement – the Board is undertaking a piece of strategic work with Business Lab, to be completed by December 2018. Funding of $7500 has been secured from Creative NZ as well as funding from external sponsors.

5.6.2 Funding applications – the Board is to apply to Creative NZ funding for ‘arts grants’ up to $65k for the 2019 Festival and then to the ‘Kahikatea’ fund for the 2020 Festival for a larger amount (application April 2019).

Key transition milestones:

5.7 The following are key steps that will be taken to formalise the Trust and begin the transition of operations. This is further detailed in attachment two (A2018096):

· September 2018: Application submitted to Registrar for incorporated societies (to be lodged once final Trust Deed confirmed) to establish the trust as a legal entity.

· Application for charitable status will be lodged once legal entity confirmed.

· Funding agreement being drafted and contract for services agreed on and effective from 1 November 2018.

· 1 November 2018: Transfer of operations begin – to be detailed in a transition plan currently being developed. Transfer of operations complete by 30 June 2019.

5.8 Council will continue to resource and deliver its annual calendar of summer events including the New Year’s Countdown, Teddy Bear’s Picnic, Lantern Celebration, Buskers Festival, Summer Movies, Tahuna Summer Sounds, and the bi-annual Opera in the Park event.

6. Options

6.1 Option one is for Council to approve the agreed changes to the Nelson Festivals Trust Deed at the request of the Board, as outlined in this report. This is the recommended option.

6.2 Option two is for Council to decline the requested changes by the Board, this is not recommended as the proposed changes are all relatively minor and legal advice provided is that the proposed changes are acceptable.

Option 1: Approve Trust Deed with changes as recommended
Advantages	· The Trust will have a legally valid Trust Deed · Shows the Board that Council is willing to agree to its reasonable request · Not all the changes requested by the Board are being agreed to, therefore the overall purpose of the Trust Deed stays within Council’s reasons for establishing a Trust
Risks and Disadvantages	· Further changes could be made to the draft Trust Deed
Option 2: Decline the request to approve the Trust Deed
Advantages	· Will not require the Trust Deed to be updated
Risks and Disadvantages	· The Trust will not be able to operate without a Trust Deed · Could undermine Council’s relationship with the new Board as it considers the request to be reasonable

7. Conclusion

7.1 The transition of governance and operations of the Nelson Arts Festival to an external Trust is on track for a 1 November commencement as planned. The next key milestone is for the Trust to become a legal entity. To do so, the final Trust Deed which has changes to the first draft must be agreed by Council.

7.2 It is recommended that the Committee agree to the changes outlined in this report and recommend to Council to approve the new version of the Trust Deed.

Author: Shanine Raggett, Project Manager

Attachments

Attachment 1: A2029206 - Nelson Festivals Trust - Trust Deed August 2018 ⇩

Attachment 2: A2018096 - Nelson Arts Festival transition timeline ⇩

Important considerations for decision making

1. Fit with Purpose of Local Government

This decision supports a more cost-effective delivery of the festival through increased opportunities for other funding partners to share the cost and allowing greater community ownership of the Festival.

2. Consistency with Community Outcomes and Council Policy

The report aligns with Council’s Community outcome:

· “Our communities have opportunities to explore their heritage, identity and creativity” and;

· “We have a strong sense of community, enhanced by the wide range of arts, cultural and sporting opportunities on offer”.

3. Risk

The recommendations in this report are low risk as they align with Council’s previous decision to establish an external governance structure for the Nelson Arts Festival and align with the requirements of establishing a charitable trust. Legal advice has been sought on the recommendations in this report.

4. Financial impact

There are no costs associated with this decision as the recommendation is within existing budget allocations and Council has previously decided to allocate funding towards the external governance structure to operate the Festival.

5. Degree of significance and level of engagement

The decision to establish an external governance structure for the Nelson Arts Festival was a high significance issue and was consulted on through the Long Term Plan 2015-25. The Nelson Arts Festival Transition Group also consulted with a large number of relevant stakeholders. A public feedback process on establishing a CCO structure was also undertaken resulting in 15 submissions. No further engagement on this decision is recommended given thorough process to date.

6. Inclusion of Māori in the decision making process

Māori have not been consulted in relation to this report.

7. Delegations

The Community Services Committee has the following delegations to consider the decision in this report

Areas of Responsibility:

· Community Festivals and Events

Powers to Recommend:

· Community Festivals and Events

Item 7: Chairperson's Report

Community Services Committee

30 August 2018

REPORT R9654

Chairperson's Report

1. Recommendation

That the Community Services Committee

Receives the report Chairperson's Report (R9654) and its attachment (A2032665); and

Approves retrospectively the Nelson City Council submission (A2032665) to the government’s consultation on a new strategy to prepare for an ageing population.

2. Update

2.1 Seniors Minister Tracey Martin is undertaking a consultation aimed at gathering ideas for the review of New Zealand’s Positive Ageing Strategy 2001. It will be critical that councils have the necessary support from central government to tackle the challenges of an ageing demographic. So I think it is important that we have our say on the key issues. A draft submission from Nelson City Council has been submitted on a pro forma basis and is attached for the Committee’s consideration.

2.2 I have visited the Menzshed recently to see how they are going. They meet on Tuesdays and Thursdays and I am sure they would appreciate a visit. When I called in there was quite a lot of activity.

2.3 The Nelson Arts Festival launched on 8 August and will run through until a finale concluding with the Masked Parade and carnival on 26 October. Staff advise that sales are tracking well as we near the end of the Early Bird stage (31 August), with some shows already proving to be the public’s favourites. The Out the Gate Schools Programme has been well received by the local schools with many bookings coming into the Festival office. The Festival conducted workshops a few weeks ago for our large community project, The Flag Project which had over 500 participants. The Flag designs are currently being finalised and will go into production soon. There has also been very good coverage in both the local and national media. Coupled with the All Blacks game on 8 September, this is an exciting period for events and entertainment in the City.

2.4 There has been quite a bit of discussion around Stoke and youth. We have several facilities that need to be reviewed including the Stoke library and the Stoke Memorial Hall. There are also community groups having discussions about where to base themselves to deliver youth services. There are activities that can/should be based in Stoke. Should we move the youth section of the library and the internet services from the current library to give more space for other activities and relocate with other youth services? Should we have a place where people can be taught some life skills out of our facilities? Are there community groups who could use some of our spaces in a shared way? How do these activities relate to other commercial/community plans? How can we move these discussions along?

2.5 As well as this during the LTP process the Stoke Youth (intergenerational) Park project was brought forward a year. Officers have commenced the project with work starting on a scoping project and identifying a strategy for public engagement. Community engagement is critical for all this work to be successful. Clare Barton has started on this work and will be at the meeting to answer any questions we have.

Author: Gaile Noonan, Chairperson - Community Services Committee

Attachments

Attachment 1: A2032665 - Strategy for an Ageing Population - Submission to Office for Seniors ⇩

Item 9: Options for Reviewing Council's Positive Ageing Policy

Community Services Committee

30 August 2018

REPORT R9582

Options for Reviewing Council's Positive Ageing Policy

1. Purpose of Report

1.1 To consider options for reviewing Council’s Positive Ageing Policy.

2. Summary

2.1 Nelson’s Positive Ageing Policy 2011 is due for review. The ageing demographic will have a significant impact on the Nelson community in many areas such as housing, accessibility, transport, workforce, ratepayer base etc. The Committee needs to consider how best to update Council’s strategic approach to this issue.

3. Recommendation

That the Community Services Committee

Receives the report Options for Reviewing Council's Positive Ageing Policy
(R9582) and its attachments (A2027424, A2032351 and A2027348);

Agrees that staff initiate work on development of a multi-agency, multi-stakeholder strategy for an ageing population;

Agrees that a Councillor Working Group be formed to support the strategy development; and

Delegates selection of members for a community steering group to the Chair of Community Services with input from the Councillor Working Group.

4. Background

4.1 The Community Services Committee indicated at a workshop on 31 August 2017 that, once work on the Long Term Plan was complete, there was interest in initiating a process to develop a strategic approach to Nelson’s ageing demographic.

4.2 Council’s first Positive Ageing Policy was developed in collaboration with Tasman District Council and adopted in 2003. Nelson City Council reviewed its policy in 2011 and included a section on Positive Ageing with a new vision and policies as part of the Social Wellbeing Policy. Tasman District Council still uses the 2003 policy but is part way through a review process.

5. Discussion

5.1 The dramatic change to the age structure of populations around the world has been acknowledged as one of the significant challenges of this century. Although New Zealand has the youngest age profile amongst the OECD countries, the changes associated with this demographic shift are becoming evident in many areas from the labour market to health services. At the local level, councils will bear the brunt of much of this change and need to work with their communities to prepare and respond.

Nelson’s ageing population

5.2 Nelson, with 19% of its population aged 65 or over (2017 estimates), has an ageing profile in the top third of territorial authority populations. By the time of the 2043 census Nelson is expected to be the 14^th oldest community in New Zealand. All of the territorial authority areas around Nelson have older profiles eg Tasman District Council estimates it will have the second oldest population in the country within two decades, with one in three residents 65 or older.

5.3 Nelson’s older population is increasing both in actual numbers and as a proportion of the total population. While the results of the latest census are needed to check trends, all growth over the next few decades is expected to be in the 65+ age group. Nelson already has more older residents (65+) than children (0-14) and this trend is unlikely to reverse. These changes are driven by increasing longevity, declining birth rates, Nelson’s traditional net migration loss of people aged 15 to 24 years and a net migration gain of retirement age residents. A map showing the distribution of Nelson’s older residents across the city is in Attachment 1.

Policy response

5.4 Nelson is recognised as having a Council that has been proactive in considering the impacts of an ageing demographic. Examples include Council’s two day Positive Ageing Seminar in 2008 involving outside experts and a range of councils, through to the recent Long Game series in 2017 bringing to Nelson experts from around New Zealand to speak on ageing issues. This proactive approach has given Nelson access to many opportunities to be involved with national initiatives on the ageing demographic, particularly through the work of the Office for Seniors.

WHO Age Friendly Model

5.5 One of those initiatives is the growing interest in the World Health Organisation’s (WHO) Age Friendly model (see explanatory material in Attachment 2). In March this year Hamilton became the first New Zealand city to be accepted into the WHO network of Age Friendly cities. Its Age Friendly Plan was developed over a two year period by a steering group composed of community members and supported by Hamilton City Council (copy of the Hamilton Plan available in the councillors’ lounge).

5.6 Other councils are working on community-led strategies under this model and more are using the model as a tool in their thinking about ageing communities. The model makes older adults central to the strategy process and considers their needs in eight different domains: housing, transport, outdoor spaces and buildings, community support and health services, communication and information, civic participation and employment, respect and social inclusion, social participation.

5.7 The process would involve an assessment of the current level of age friendliness of Nelson, identification of gaps and opportunities, multiple opportunities for community input and finally development of an action plan with commitments from a range of partners.

5.8 The WHO model would seem a good starting point for a review of Nelson’s policy. Supporting the community to develop a strategy should lead to greater buy-in and allow commitments from a range of partners in addressing issues. A decision about whether to submit the final strategy to the WHO for approval and to officially become part of the Age Friendly Cities network could be taken later in the process, taking into account community views.

5.9 There are some aspects of the strategy development where Council might wish to supplement the community-led work. More formal involvement of key service-delivery agencies in the strategy would be useful in order to recognise their role and encourage commitments in the action plan. A number of agencies have already undertaken substantial planning on response to the ageing demographic, for example the Nelson Marlborough District Health Board, and their involvement will bring valuable insights. There are also some areas of interest to Council that tend to get less attention in community-led strategies e.g. the older workforce, so may need parallel processes. Council may also wish to undertake some more detailed analysis to inform future decisions on its own investment in assets and facilities.

5.10 Another area where Council may wish to take the initiative is in examining its own workplace, both in terms of being age friendly and with a view to preparing for the loss of experienced older staff as they retire. The average age of Council employees is 48 years. There are 23 staff due to turn 65 in the next five years and another 40 due to reach 65 in the next 10 years. A graph showing the age spread of Council staff is in Attachment 3.

5.11 Taking all the elements required for a robust strategy into account it is recommended that Council chooses a multi-agency, multi-stakeholder collaborative approach with a community steering group a central part of the process.

Council-led review

5.12 Another option would be for Council to lead the process of reviewing the policy. This would involve stakeholder pre-consultation and drafting of a revised policy by officers followed by community consultation. This would be a simpler and shorter process but the policy and action plan would focus more on Council service provision and funding. This approach is not recommended given the advantages of greater community buy-in and commitments to action from a wider range of partners that the WHO model brings.

Councillor working group

5.13 To build links with the work being led by community members and to provide guidance to staff throughout the development it would be helpful to have a working group of interested councillors. These councillors would represent the governance level of Council at key meetings, champion the process with the community and ensure a good level of awareness amongst elected members of what is likely to be a long-running project.

5.14 It is suggested that interested elected members contact the Chair of the Community Services Committee to register interest in participating in the working group. This invitation would be extended to all elected members, not just those on the Community Services Committee. The next Chair’s report can then update the Committee on membership of the group.

Community Steering Group

5.15 An important part of the success of a strategy process will be involving community members with valuable skills and experience. An appeal for interested people to register their interest in participating could form the basis of a list from which the Chair of the Community Services Committee, with input from Working Group members, could select. Those who are not selected for the Steering Group would be invited to be involved in the strategy process in other ways.

5.16 Criteria to consider in choosing steering group members could be the level of expertise/interest in ageing issues, networks within the community and ability to engage. Within the group there should be a mix of long term residents and newcomers as well as different ethnic backgrounds, income brackets and interests. In addition the group would ideally represent a range of ages as the strategy is about the future of Nelson and therefore not just of interest to older adults themselves.

6. Options

6.1 The recommended approach is option 3, to initiate development of a multi-agency, multi-stakeholder strategy involving as wide a range of partners as possible.

Option 1: Status quo – continue to use existing Positive Ageing Policy
Advantages	· Saving in staff time which can be redirected to other policy priorities
Risks and Disadvantages	· Current policy is seven years old and not up to date · Lost opportunity to engage with the community and raise awareness on an important issue · Lost opportunity to get commitment from a range of partners to act together to address issues
Option 2: Update Positive Ageing Policy
Advantages	· Council has a greater amount of control over the final policy · Overall smaller process with quicker turnaround
Risks and Disadvantages	· Final product will not be as wide-ranging or prepare Nelson as well for changing demographic · Lost opportunity to get commitment from a range of partners to act together to address issues
Option 3: Multi-agency, multi-stakeholder strategy
Advantages	· Wide engagement and enhanced community buy-in · Process will help raise awareness and responsiveness to changing demographic · Strategy will include actions from a range of partners and avoid Council being seen as provider of all necessary services/funding
Risks and Disadvantages	· Greater community involvement likely to lead to a slower process · Less Council control over final product

Author: Nicky McDonald, Group Manager Strategy and Communications

Attachments

Attachment 1: A2027427 - Map of Nelson population 65 and over ⇩

Attachment 2: A2032351 - World Health Organisation Age-Friendly Cities Network ⇩

Attachment 3: A2027348 - Age Profile of Nelson City Council staff ⇩

Important considerations for decision making

1. Fit with Purpose of Local Government

Approving work on an Age Friendly Strategy will allow Council to consider how to best provide services to a growing segment of its community in the most cost effective and sustainable way.

2. Consistency with Community Outcomes and Council Policy

The recommendations in this report support the Community Outcomes our communities are healthy, safe, inclusive and resilient; our communities have access to a range of social, educational and recreational facilities and activities; our Council provides leadership and fosters partnerships, a regional perspective and community engagement.

3. Risk

Initiating work on a strategic approach to Nelson’s ageing demographic reduces the risk that Council and the community will not be sufficiently prepared to respond to the significant social and economic changes resulting from an ageing population.

4. Financial impact

The cost of work on a strategy can be met within existing budgets.

5. Degree of significance and level of engagement

While the ageing demographic will impact significantly on the community there are varying degrees of awareness and interest in the issue. A broad, community-led process of engagement is planned both to seek the widest possible input and to raise awareness of issues.

6. Inclusion of Māori in the decision making process

No engagement with Māori has been undertaken in preparing this report.

7. Delegations

The Community Services Committee has the following delegations to consider policy on the ageing demographic

Areas of Responsibility:

· Community Development, including youth issues, ageing issues and social well-being

Powers to Decide:

· To undertake community engagement other than Special Consultative Procedures for any projects or proposals falling within the areas of responsibility

Item 11: Greenmeadows Centre - Progress Update (number two)

Community Services Committee

30 August 2018

REPORT R9595

Greenmeadows Centre - Progress Update (number two)

1. Purpose of Report

1.1 To update the Committee on progress of the Greenmeadows Centre (Centre).

2. Recommendation

That the Community Services Committee

Receives the report Greenmeadows Centre - Progress Update (number two) (R9595).

3. Background

3.1 At its meeting of 20 March 2018, Council approved additional funding to enable the completion of the Centre and resolved as follows:

“Requests regular updates on the Greenmeadows Centre Budget and Programme to the Community Services Committee”.

3.2 This is the second progress update to the Community Services Committee and is to be read in conjunction with report R9594 in the public excluded portion of the agenda.

4. Discussion

Progress

4.1 A full time Clerk-of-Works has been appointed to ensure that all remedial works are being undertaken in line with the drawings and specifications. This role will continue until successful completion of the project.

4.2 Remedial works are well underway and been undertaken in a co-ordinated manner.

4.3 The windows on the western (Songer Street Stoke) end of the facility have all been re-set with correct air seals now in place in accordance with the specifications and drawings. This has allowed the installation of the exterior cedar cladding panels to re-commence.

4.4 The buckling on the eastern edge of the roof is still to be investigated. A verbal update will be provided at the meeting.

4.5 The work to the stormwater slot drain at the playing fields end will be programmed to coordinate with work on the windows and cladding at that end.

4.6 W&H have received confirmation from the structural engineer on specific remedial works to the reinforcing steel around the base plates on the first floor. This work will be incorporated into the remediation program.

4.7 Quality is the main focus at present. A completion date is not yet known but is unlikely to be before December 2018.

Tenants

4.8 The Chair of the Community Services Committee with the aid of a consultant are working closely with the tenants. Update as below:

· With additional work required to the first floor, Stoke rugby have vacated their rooms.

· Fit out work on the café has started.

· Work in the tennis area continues with the aim of ensuring that Stoke tennis will be able to occupy their rooms as soon as possible.

· It is too soon yet to provide an occupation date for Nelson Cricket.

· Stoke Seniors have advised that they would prefer to wait until the facility is completed before moving across from their current premises.

Other work

4.9 The resource consent for the building requires a series of plans to be submitted and certified before the building can be occupied including a noise management plan, landscape plan and centre management plan.

4.10 An application to vary the resource consent has been lodged to enable tennis, rugby club and the café to occupy the facility prior to the centre being fully completed. It is considered the available parking and marked accessible parking is sufficient for these activities and the tenants are subject to compliance with the noise management plan that has been submitted for certification.

4.11 The provision of the centre management plan is largely to ensure other events and functions do not adversely impact on nearby residents. As the main hall and one of the function rooms is not finished these events will not be occurring until the management plan has been completed and certified.

4.12 Progress on the plans is as below:

· The noise management plan has been submitted for certification;

· The landscape plan has been submitted and certified;

· The original resource consent stipulated that the centre management plan had to be in place 60 days after any individual part of the building was in use. The variation has requested 60 working days to complete the plan from when the building is fully occupied.

4.13 The parking provisions have mostly been completed, but a small aspect is still outstanding. Three of the six mobility scooter parks are not finished as these are located within the work site so are not available for use.

Resourcing

4.14 Watts and Hughes (W&H) have committed that that they will provide both the necessary competent resources and supervision to meet the required standards. A lot of the resources currently on site are from Christchurch, with resourcing reaching up to 30 carpenters on site.

4.15 W&H have provided a new full time experienced senior site manager and a further full time experienced contracts project manager to the project.

Risk

4.16 The following risks still exist:

· Lack of resources – W&H has provided the required competent resources to address the issues and this is being monitored by the Clerk-of-Works.

· Quality – A process is now in place to ensure that all remedial work is been delivered to the required standards.

· Reputational risk to Council – this continues to be by far the largest risk. The focus is on ensuring that the project is delivered to a high quality.

· The extra Council resources committed to this project could see other project works delayed.

Author: Alec Louverdis, Group Manager Infrastructure

Attachments

Nil

Important considerations for decision making

1. Fit with Purpose of Local Government

The new facility is significant for both Nelson and Stoke and has a high profile in the local community. It will add to the well-being and vibrancy of the Stoke community and provide for good quality local infrastructure.

2. Consistency with Community Outcomes and Council Policy

The new facility meets the following Community outcome - ‘Our communities have access to a range of social, educational and recreational facilities and activities’.

3. Risk

The main risk to Council is one of reputational damage.

4. Financial impact

Additional funding has already been approved for this project.

5. Degree of significance and level of engagement

The facility has a high community interest and has a moderate significance to all residents, but will be of higher significance to the residents of Stoke.

6. Inclusion of Māori in the decision making process

Maori have not been specifically been consulted on this report.

7. Delegations

The Community Services Committee responsibilities include:

“Community Centre and halls – Greenmeadows Community Centre”.