Agenda of Council - 20 September 2018

N-logotype-black-wide Nelson City Council

20 September 2018

Page No.

Opening Prayer

1. Apologies

1.1 An apology has been received from Councillor Walker as he is away on Council business.

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 Sharon Webber - Hearing Nelson , will speak about the Silent Leadership Challenge.

4.2 Steve Cross will speak about the Notice of Motion in relation to recording of public workshops.

4.3 Graeme O'Brien will speak about his research relating to public notification of workshops.

5. Confirmation of Minutes

5.1 9 August 2018 10 - 29

Document number M3667

Recommendation

That the Council

Confirms the minutes of the meeting of the Council, held on 9 August 2018, as a true and correct record.

6. Recommendations from Committees

6.1 Audit, Risk and Finance Subcommittee - 14 August 2018

6.1.1 Draft Governance Members' Protected Disclosure Policy

Recommendation to Council

That the Council

Adopts the Governance Members’ Protected Disclosure Policy (R9579).

6.2 Works and Infrastructure Committee - 16 August 2018

6.2.1 Solid Waste Asset Management Plan 2018 - 2028

Recommendation to Council

That the Council

Adopts the Solid Waste Asset Management Plan 2018 - 2028 (A1828548).

6.2.2 Water Supply Asset Management Plan 2018 - 2028

Recommendation to Council

That the Council

Adopts the Water Supply Asset Management Plan 2018-28 (A1620958), amended to reflect the approved Long Term Plan 2018 - 2028 including the renewal of existing residential water meters with manual read meters.

6.2.3 Paxster Use on Nelson Footpaths

Recommendation to Council

That the Council

Approves the use of Paxsters on selective routes for a period of 24 months and works with NZ Post to finalise exclusion zones as shown on Attachment A1990504 of Report R8928.

6.3 Joint Shareholders Committee - 21 August 2018

6.3.1 Nelson Airport Limited - Changes to Constitution

Recommendation to Council

That the Council

Votes respective shareholding in support of the amended Constitution at the Company’s 2018 Annual Shareholder Meeting

6.4 Sports and Recreation Committee - 21 August 2018

6.4.1 Adoption of the Parks and Reserves Asset Management Plan 2018-28

Recommendation to Council

That the Council

Adopts the Parks and Reserves Asset Management Plan 2018-28 (A2004774) amended to reflect the approved Long Term Plan 2018 – 2028.

6.5 Planning and Regulatory Committee - 23 August 2018

6.5.1 Review of Council's Gambling Policy

Note: an amended Statement of Proposal is attached for reference. 30 - 44

Recommendation to Council

That the Council

Approves the amended Statement of Proposal to Amend the Gambling Policy (A2008367) for public consultation; and

Agrees that a summary of the Statement of Proposal Gambling Policy Review is not required; and

Approves the proposed process and timeframes for consultation set out in the report Review of Council's Gambling Policy (R9358).

6.6 Hearings Panel - Other - 28 August 2018

6.6.1 Summerset: Proposed Water Easement over Part of Saxton Field

Recommendation to Council

That the Council

Confirms the easement in gross over the area shown in red on the plan (A2019437) of Saxton Field be agreed to under section 48(1)(d) of the Reserves Act 1977, acting pursuant to a delegation from the Minister of Conservation.

6.7 Community Services Committee - 30 August 2018

6.7.1 Nelson Festivals Trust - Transition and Trust Deed Update

Recommendation to Council

That the Council

Approves the amended Nelson Festivals Trust Deed (A2029206).

6.8 Governance Committee - 6 September 2018

6.8.1 Nelson Enterprise Loan Trust - rollover of loan due July 2018

Recommendation to Council

That the Council

Approves rolling over the interest free loan to Nelson Enterprise Loan Trust for a further one year through to September 2019 while a sustainable business model is developed by the Board.

6.8.2 Nelson Centre of Musical Arts - Funding

Recommendation to Council

That the Council

Approves the allocation of $25,000 unbudgeted expenditure to increase the operational grant of the Nelson Centre of Musical Arts from $125,000 to $150,000 for financial year 2018/19.

6.8.3 Event funding - Septura Residency for Brass Instrument Performers

Recommendation to Council

That the Council

Approves unbudgeted funding of $15,000 for the Septura Residency for Brass Instrument Performers event to support the Nelson Centre of Musical Arts as it seeks to maximise its newly renovated venue.

7. Mayor's Report 45 - 46

Document number R9684

Recommendation

That the Council

Receives the report Mayor's Report (R9684).

8. Live-streaming Workshops

This report was not available when the agenda went to print and will be distributed separately.

9. Notice of Motion from Cr Lawrey: Live-streaming Public Meetings and Workshops 47 - 49

Document number R9691

Recommendation

That the Council

Receives the report Notice of Motion from Cr Lawrey: Live-streaming Public Meetings and Workshops (R9691) 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

10. Amendment to resolution regarding Upper Trafalgar Street closure 2018/19 50 - 54

Document number R9658

Recommendation

That the Council

Receives the report Amendment to resolution regarding Upper Trafalgar Street closure 2018/19 (R9658); and

Amends the section of resolution CL/2018/186 that relates to the time during which Upper Trafalgar Street will be closed to traffic so that the street will be closed to all vehicles, apart from emergency vehicles and other vehicles specifically authorised by Council’s network coordinator, from 07:00am every day to 07:00am on each following day.

11. Amendment to Special Housing Area at 2 City Heights 55 - 60

Document number R9638

Recommendation

That the Council

Receives the report Amendment to Special Housing Area at 2 City Heights (R9638) and its attachment (A1922971); and

Approves the change in qualifying development criteria from 2 storeys to 3 storeys as shown in Attachment 1 (A1922971).

12. Bay Dreams Update and Camping Request

This report was not available when the agenda went to print and will be distributed separately.

Public Excluded Business

13. Exclusion of the Public

Recommendation

That the Council

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

The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

Item	General subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Particular interests protected (where applicable)
1	Council Meeting - Public Excluded Minutes - 9 August 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)(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)
2	Recommendations from Committees Community Services Committee 30 Aug 2018 Greenmeadows Centre - Progress Update Governance Committee 6 September 2018 Bishop Suter Trust – reappointment of Trustees Nelmac Director Reappointment Nelmac Matters	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)(h) · To enable the local authority to carry out, without prejudice or disadvantage, commercial activities
3	Policy for the appointment and remuneration of jointly-appointed independent members to committees	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
4	NRSBU independent member appointment	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

Item

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Particular interests protected (where applicable)

Council Meeting - Public Excluded Minutes - 9 August 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)(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)

Recommendations from Committees

Community Services Committee 30 Aug 2018

Greenmeadows Centre - Progress Update

Governance Committee 6 September 2018

Bishop Suter Trust – reappointment of Trustees

Nelmac Director Reappointment

Nelmac Matters

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)(h)

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

Policy for the appointment and remuneration of jointly-appointed independent members to committees

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

NRSBU independent member appointment

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

Note:

· This meeting is expected to continue beyond lunchtime. (delete as appropriate)

· Lunch will be provided. (delete as appropriate)

· Youth Councillors Lutai Funaki and Christiane Leper will be in attendance at this meeting. (delete as appropriate)

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.

1. Apologies

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.

3. Interests

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. Public Forum

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.

4.3 Michelle Hunt, Centre Manager for Cancer Society Nelson, and Miraka Norgate, Health Promoter Smokefree, Public Health
	Michelle Hunt spoke to the Upper Trafalgar Street closure for summer and suggested making the area Smokefree, if possible, for the period of the closure. Michelle gave a presentation on a smokefree pilot that the Cancer Society and Public Health had been working on (tabled) and asked for Council’s support in progressing smoke free outdoor dining in public spaces.
	Attachments 1 Fresh Air Project Tabled Document Public Forum Council 09Aug2018 (A2024373) 2 A2026895 Michelle Hunt Cancer Society Nelson and Miraka Norgate Public Health Upper Trafalgar Street Smoke Free Powerpoint
4.4 Amme Hiser - compostable materials disposal within Nelson for events
	Amme Hiser spoke to Council on providing compostable materials at Council events rather than recyclable materials. She noted that mixing recyclable and non-recyclable material was currently an issue and if products were mixed they went to landfill. She noted that while compostable products do need an aerobic environment to be composted (hot composted) this was significantly better than the mixed waste that would go landfill. Ms Hiser was working with Greenwaste to Zero to work on compostable event waste. Foodscraps were a resource consent issue and she asked that this be addressed as well.
	Attachments 1 Amme Hiser Compostable Materials Disposal within Nelson for Events Tabled Document Public Forum Council 09Aug2018 (A2027573)

5. Confirmation of Minutes

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.

Courtney/Barker Carried

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.

Her Worship the Mayor/Walker Carried

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.

Walker/Rutledge Carried

6.1.2 Recycling - Effect on International Markets
	Council discussed the recent notification that a market in Indonesia had been found for some recyclable materials. Senior Asset Engineer – Solid Waste, Johan Thiart reassured Council that contrary to a recent TV documentary, products from Nelson were very clean and were marketed by reliable commercial entities. He was confident that Nelson recyclables were going to remanufacturing.

Attendance: Councillor Matheson left the meeting from 10.05a.m. until 10.08a.m.

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.

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.

Walker/Rutledge Carried

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.

7 Late Item

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.

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.

Courtney/Matheson Carried

8. Exclusion of the Public

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.

Walker/Rutledge Carried

Resolved CL/2018/173

That the Council

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

Dahlberg/Rutledge Carried

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	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	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

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)

Statement of Understanding - update and legal advice

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

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.

Her Worship the Mayor/Dahlberg Carried

Resolved CL/2018/175

That the Council

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

Her Worship the Mayor/Dahlberg Carried

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)

1 Kinzett Terrace Lease

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7

The withholding of the information is necessary:

· Section 7(2)(h)

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

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).

Skinner/Courtney Carried

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.

McGurk/Her Worship the Mayor Carried

Attachments

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.

McGurk/Her Worship the Mayor Carried

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.

Barker/Dahlberg Carried

10. Mayor's Report

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:

Chair

Deputy Chair

Membership

Cr Barker

(no change)

Cr Dahlberg

(no change)

Her Worship the Mayor Reese

Cr Acland

Cr Noonan

Cr Skinner

Cr Rutledge

Cr Courtney

Cr Walker

External Appointees x2

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.

Her Worship the Mayor/Matheson Carried

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

Matheson/Walker Carried

Attachments

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).

Fulton/Noonan Carried

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.

Her Worship the Mayor/Matheson Carried

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.

Noonan/Barker Carried

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.

McGurk/Fulton Carried

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.

Lawrey/Barker Carried

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.

McGurk/Fulton Carried

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.

Rutledge/Barker Carried

Attendance: Councillor Acland left the meeting at 5.39p.m.

17. Exclusion of the Public

Resolved CL/2018/189

That the Council

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

Her Worship the Mayor/Matheson 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	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

Item 9: Notice of Motion from Cr Lawrey: Live-streaming Public Meetings and Workshops

Council

20 September 2018

REPORT R9658

Amendment to resolution regarding Upper Trafalgar Street closure 2018/19

1. Purpose of Report

1.1 To amend a section of a resolution made on 9 August 2018 in relation to Upper Trafalgar Street.

2. Summary

2.1 On 9 August 2018, Council approved the temporary closure of Upper Trafalgar Street over summer 2018/19. The time during which the street will be closed every day, is stated in the resolution as, “From 09:00am every day to 07:00am on each following day…” but it should be from 07:00am every day until 07:00am on each following day. A further resolution is required to amend this.

3. Recommendation

That the Council

Receives the report Amendment to resolution regarding Upper Trafalgar Street closure 2018/19 (R9658); and

4. Background and discussion

4.1 On 9 August 2018, Council approved the temporary closure of Upper Trafalgar Street over summer 2018/19. Council resolved as follows:

Resolved CL/2018/001

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.

Lawrey/Barker Carried

4.2 The time during which the street will be closed every day was mistakenly set from 09:00am every day until 07:00am on each following day, in the above resolution.

4.3 The result is that the street will be open to all traffic for two hours every morning. This is contrary to the intent of the August report, that a pedestrianised area be created in Upper Trafalgar Street by temporarily closing the street to traffic for 24 hours a day from 8 November 2018 until 30 April 2019. It is suggested that the resolution be amended in order to achieve the intent of the August report.

4.4 During the trial closure over summer 2017/18, Upper Trafalgar Street was open to delivery vehicles for two hours every morning. This was in order to enable the delivery of stock to restaurants. However, this two-hour slot is not required as all but one of the hospitality businesses take delivery of goods in the laneways running on either side of Upper Trafalgar Street.

4.5 The one hospitality business that cannot take deliveries in the laneway will be able to make use of the short-term parking space that will be created in Selwyn Place during the closure or other nearby parking spaces for their deliveries. The other businesses in Upper Trafalgar Street (for example real estate businesses) that do not take deliveries of stock, but do receive post/parcels via couriers throughout the day, will also be able to make use of the short-term parking space for their courier deliveries.

4.6 Closing the street to traffic for 24 hours a day would increase pedestrian safety. Pedestrians in Upper Trafalgar Street may be unaware that delivery vehicles can enter the street at certain times of the day, and therefore there is a risk that pedestrians would not check for vehicles in this area. During the trial closure, officers were notified by business owners of a safety risk to pedestrians from courier drivers, who were observed driving down the street at speed.

4.7 Accordingly, it is proposed that the street be closed to traffic (except emergency vehicles and vehicles specifically authorised by Council’s network coordinator) from 07:00am every day until 07:00am on each following day for the 2018/19 closure.

5. Options

5.1 The recommended approach is option 1, to amend the resolution made on 9 August 2018 so that Upper Trafalgar Street is closed to traffic (except emergency vehicles and vehicles specifically authorised by Council’s network coordinator) for 24 hours a day from 8 November 2018 until 30 April 2019.

5.2 The second option is to amend the resolution in order to allow delivery vehicles in Upper Trafalgar Street for two hours every morning. This will require an amendment to the resolution and officers can provide suggested wording if this is the supported option.

Option 1: Preferred - Amend resolution - close street to traffic (except emergency vehicles and vehicles specifically authorised by Council’s network coordinator) for 24 hours a day.

Advantages

· As originally intended, Upper Trafalgar Street would be a pedestrianised zone for 24 hours a day from 8 November 2018 until 30 April 2019.

· Increases pedestrian safety.

Risks and Disadvantages

· A small number of businesses would have to make use of the short-term parking in Selwyn Place or other parking spaces nearby for deliveries.

Option 2: Amend resolution – allow delivery vehicles in Upper Trafalgar Street for two hours every day.

Advantages

· The small number of businesses that cannot take deliveries in the laneways would be able to take deliveries at their doors in Upper Trafalgar Street during a 2-hour slot every morning.

Risks and Disadvantages

· Increases risk of harm to pedestrians who may be unaware that delivery vehicles may enter the street at certain times of the day.

· Upper Trafalgar Street would not fully pedestrianised.

Author: Michelle Joubert, Executive Officer

Attachments

Nil

Important considerations for decision making

1. Fit with Purpose of Local Government

Council has already decided to close Upper Trafalgar Street temporarily over the coming summer 2018/19. A decision to close Upper Trafalgar Street is a discretionary activity which is expected to enhance Nelson’s CBD and contribute to the economic prosperity of businesses.

2. Consistency with Community Outcomes and Council Policy

The decision to close Upper Trafalgar Street aligns with the following Community Outcomes:

- Our communities have opportunities to celebrate and explore their heritage, identity and creativity; and

- Our urban and rural environments are people-friendly, well-planned and sustainably managed.

3. Risk

A decision to allow delivery vehicles to use Upper Trafalgar Street during the closure period increases risks to pedestrians.

4. Financial impact

None

5. Degree of significance and level of engagement

This decision to close Upper Trafalgar Street temporarily is a matter of low significance to the community as a whole but of high significance to hospitality businesses in Upper Trafalgar Street and other parts of the city.

Community views were sought on the 2017/18 closure and a total of 321 submissions were received. Of these, 314 are positive about the closure and seven are not. Of those who are positive, 132 would like the street to be closed permanently. Further community consultation is not considered necessary.

6. Inclusion of Māori in the decision making process

No consultation with Māori was undertaken for this report.

7. Delegations

The decision relates to CBD enhancement, business, economic development and tourism, a temporary road closure, and temporary unavailability of parking. Responsibility for these areas does not fall clearly to a single Council committee. Therefore, the decision is referred to the Council.