Nelson City Council Minutes - 20 September 2018
Minutes of a meeting of the Nelson City Council
Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson
On Thursday 20 September 2018, commencing at 9.06a.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 and T Skinner
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 Latai Funaki and Christiane Leper
Apology: Councillor Walker on Council business
Opening Prayer
Councillor Fulton gave the opening prayer.
1. Apologies
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Resolved CL/2018/205 That the Council Receives and accepts an apology from Councillor Walker who was on Council business. |
2. Confirmation of Order of Business
There were no changes to the order of business.
There were no updates to the Interests Register, and no interests with items on the agenda were declared. Councillor Matheson subsequently declared an interest in 6.5.1 - Review of Council's Gambling Policy.
4.1 Ms Tracy Dawson - Hearing Nelson
Ms Dawson, education coordinator for Hearing Nelson advised Council that Hearing Nelson was a charity which had been established for 65 years. The aim of the charity was to improve the lives of people who were hard of hearing and to encourage people to make changes in their lives to prevent hearing loss in the future. Ms Dawson gave a practical demonstration for Council with members wearing headphones and passing on a sentence. She noted that there was a connection between hearing loss and social isolation and dementia, those with hearing loss were five times likely to have dementia. Ms Dawson thanked Council for upgrading the microphones and hearing systems in the chamber and providing headphones and TLoop devices.
4.2 Mr Steve Cross
Mr Cross spoke about the Notice of Motion in relation to the recording of public workshops. He noted that the issue was complicated. He had been told that Nelson City Council had held 77 workshops during the current trimester. He did not think other Councils held such a significant number of workshops and felt this was a sign of dysfunctionality. Mr Cross noted if a workshop was public Council should be giving a facility to people who can’t attend. If Council didn’t want public to be involved in workshops that was fine, Council should come out and say it.
5.1 9 August 2018
Document number M3667, agenda pages 10 - 29 refer.
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Resolved CL/2018/206 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
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Resolved CL/2018/207 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
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Resolved CL/2018/208 That the Council Adopts the Solid Waste Asset Management Plan 2018 - 2028 (A1828548). |
6.2.2 Water Supply Asset Management Plan 2018 – 2028
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Her Worship the Mayor advised that at the Works and Infrastructure Committee meeting there had been extensive discussion on whether to continue with a water meter renewal programme using the existing manually read meters or to hold this until more information was received on smart meters. She noted that Mr Steve Cross had offered to review the options and officers had since met with Mr Cross. She noted Council was at a difficult point in that smart meter technology was still quite expensive and while it was in the trial stage was probably cost prohibitive. It was her preference to pause the programme and wait until further testing had been completed, then weigh the risks. Senior Asset Engineer, Phil Ruffell answered questions on replacement of water meters, noting the current meters had been installed for approximately 20 years and it was important that Council consider a replacement programme seriously in the next year or two. He advised technology for using smartphones as a means of downloading data and recording was changing rapidly. The biggest additional cost was in installation with an increased cost of $3million. The smart meters were a sealed unit as they were installed underground and batteries could not be replaced, the more information requested from the unit the shorter the life of the battery. Moved by Councillor Skinner, seconded by Councillor Noonan 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. Councillor Fulton moved an amendment, seconded by Her Worship the Mayor Reese That the Council Adopts the Water Supply Asset Management Plan 2018-28 (A1620958), amended to reflect the approved Long Term Plan 2018 - 2028 however delays the renewal of existing residential water meters with manual read meters for twelve months allowing an opportunity to reassess new technology in 2019.
The amendment was put and lost. The substantive motion was put and carried. |
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Resolved CL/2018/209 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
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Resolved CL/2018/211 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
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Resolved CL/2018/212
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
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Resolved CL/2018/213 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
Attendance: Councillor Matheson declared an interest and left the meeting at 10.44a.m.
Nicky McDonald, Group Manager, Strategy and Communications and Gabrielle Thorpe, Policy Advisor answered questions on a sinking lid policy, pub charities and previous social impact assessments.
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Resolved CL/2018/214 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). |
Attendance: Councillor Matheson returned to the meeting at 10.09a.m.
The meeting adjourned from 10.11a.m. until 10.26a.m.
6.6 Hearings Panel - Other - 28 August 2018
6.6.1 Summerset: Proposed Water Easement over Part of Saxton Field
Peter Hunter, Team Leader Property advised the original plan for the easement had been revisited by Council’s engineers who found the the easement would cross below ground power cables eight times. A map with a proposed new line was tabled, it would not change the nature or use of the reserve. Mr Hunter confirmed that the members of Hearings Panel – Other had been advised of the proposed change and confirmed they were happy with the amended route proposed by officers. Mr Hunter tabled the updated map A2019437.
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Resolved CL/2018/215 That the Council Confirms the easement in gross over the area shown in red on the updated 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. |
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1 A2019437 Summerset water Easement Saxton Field |
6.7 Community Services Committee - 30 August 2018
6.7.1 Nelson Festivals Trust - Transition and Trust Deed Update
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Resolved CL/2018/216 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
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Resolved CL/2018/217 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
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Resolved CL/2018/218 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
Clare Barton, Group Manager Environment, answered questions on unbudgeted expenditure for Nelson Regional Development Agency (NRDA), clarification of the two merged systems of funding and funds for the support of musical arts.
Councillor Noonan called a point of order and asked for clarification of ‘merging of funds’ noting this was possibly misleading. Ms Barton clarified there wasn’t only an issue of merging two funds, there were a number of different factors, one of which being that the NRDA had not understood the impact of Council’s funding in terms of its events fund and the administration costs. Her Worship the Mayor upheld the point of order.
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Resolved CL/2018/219 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. |
The meeting was adjourned from 11.31a.m. until 11.38a.m.
Document number R9684, agenda pages 45 - 46 refer.
Her Worship the Mayor presented her report and mentioned Ryan Stewart and his wife Chelsea who were staging Get Ballsy, the celebrity football match to raise funds for testicular cancer and acknowledged that Councillor Skinner was one of the players. She encouraged everyone to support the event on 29 September 2018 at 2.00pm.
Mayor Reese also commented on the Kapa Haka competition being held at Trafalgar Centre on 27 September and encouraged everyone to go along and watch.
All Blacks Test Match:
Her Worship the Mayor noted that the city should celebrate the success of the All Blacks test match on 8 September, this was far more than the match itself, and the entire community were wonderful hosts. Feedback she received from All Blacks management was that players were looked after incredibly well by the community, were respected and had the freedom to interact with the public without being overwhelmed by people approaching them.
Mayor Reese noted that many people were involved in making sure that the organisation of the test match went smoothly. It was not possible to list everybody individually however the following were key people and teams she would like to thank:
· Tony Lewis, CEO Tasman Rugby Union along with Les Edwards, Commercial & Marketing Manager, Steve Mitchell, Competitions & Operations Manager and the wider team of staff at TRU
· Mark Rawson, CEO, Michaela Blackman and Rebecca Leach, NRDA
· Simon Duffy, Manager Uniquely Nelson
· Mike Wardell, Nelson Police
· Pete Kara, NMDHB
· Lucinda Blackley-Jimson and Julie Adam, Nelson Provincial Museum
· Julie Bensemann, Nelson Giants
· Ambassador Fausto Mariano López Crozet, Javier Alfredo De Cicco, Cultural Attaché and Leandro T. Gómez, PA to the Ambassador
· Mark Meckalick and team, CLM
· Whakatu Marae
· Ngā iwi o te marae
There were many Council officers involved from a range of teams including Events, Roading, Parks and Facilities, Communications, Consents, Building Inspectors, EIL, Governance Advisers, Executive Assistants, and the Mayor’s Office. The game was the biggest rugby event anywhere in the world that night and made our city shine.
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Vote of thanks |
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Resolved CL/2018/220 That the Council Move a vote of thanks to all the people that played their role to see Nelson shine on the world stage during the All Black’s test match against Argentina on 8 September 2018. |
Mayor’s visit to Denmark:
Her Worship the Mayor updated members on her visit to Denmark where she said there was much to learn, in particular the social initiatives, carbon zero approach, the reform of water infrastructure and ownership where water is valued and the quadruple helix approach to problem solving.
Mayor Reese gave a presentation on the Klimatorium project which was about to commence, advising it had attracted private business interest to join the innovation hub.
Suffrage 125 Years:
Her Worship the Mayor acknowledged the 125th anniversary of women being able to vote and she highlighted the disappointing statistics on women’s representation at Local Government Council tables and noted that diversity was and inclusion was critically important to reflect our community.
Attendance: Councillor Lawrey left the meeting from 12.07p.m. until 12.09p.m.
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Resolved CL/2018/221 That the Council Receives the report Mayor's Report (R9684). |
The meeting was adjourned from 12.37p.m. until 1.20p.m.
Document number R9650, late items agenda pages 3 - 15 refer.
Mary Birch, Manager Governance and Support Services, presented the report and answered questions on determining if workshops were open or confidential, informality of workshops and the impact on officers advice or opinions during livestreaming and technology required to provide quality recordings should Council livestream workshops,
Pat Dougherty, Chief Executive, advised that meetings that were currently livestreamed had a high degree of formality and that information for discussion was supplied in the form of an agenda. The purpose of a workshop was less formal engagement, sometimes that was why they were set up elsewhere. There was a risk that a staff member may say something that was less cautious or bounce around ideas which, in the midst of providing free and frank advice, could be misconstrued. He noted that while it was reported that Kapiti District Council had held nine public workshops during the previous year; there were also 35 briefings during the year on 80 topics (that Nelson City Council called confidential workshops).
Ms Birch clarified that under Standing Orders, the definition of workshops and briefings was not clear, except to say that Standing Orders did not apply, which was why it was pragmatic to develop a policy to provide clear direction for elected members and staff.
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Resolved CL/2018/222 That the Council Receives the report Live-streaming Workshops (R9650) and its attachments (A2041002, A2057046 and 2058974); and Requests the development of a Council Workshop Policy. |
9. Notice of Motion from Cr Lawrey: Live-streaming Public Meetings and Workshops
Document number R9691, agenda pages 47 - 49 refer.
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
Councillor Lawrey, in speaking to his motion, noted that Council had increased access to the public by making some workshops open to the public, however did not advertise them. Livestreaming public workshops created an opportunity to be more transparent and might generate more interest in local government.
Councillor Barker called a point of order in accordance with Standing Orders 24.2c, he felt that Council should now wait to consider the Notice of Motion until a workshop policy was confirmed. Her Worship the Mayor did not uphold the point of order on the basis that if the notice of motion was passed it would shape what would go into the policy.
Councillor Matheson called a further point of order noting that the third paragraph of the notice of motion related to livestreaming Regional Transport Committee meetings and workshops. NZTA had agreed they with livestreaming meetings but not workshops, it was agreed that the motion to be taken in parts.
Her Worship the Mayor called for advice on defining ‘all’ meetings or workshops, and whether joint committees with Tasman District Council were included.
The meeting was adjourned from 2.33pm until 2.42pm
Councillor Acland, as seconder, confirmed that joint meetings with Tasman District Council were not viewed as Nelson City Council meetings or workshops referred to in the notice of motion and they should not be considered.
The motion was taken in parts.
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Resolved CL/2018/223 That the Council Receives the report Notice of Motion from Cr Lawrey: Live-streaming Public Meetings and Workshops (R9691) and its attachment (A2018993); and |
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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
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Confirms that Nelson City Council live-streams all Regional Transport Committee’s public meetings and public workshops.
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Resolved CL/2018/224 That the Council Extends the meeting time beyond six hours, pursuant to Standing Order 4.2. |
The meeting was adjourned from 3.06pm until 3.11 pm at which time Councillor Lawrey was not present.
10. Amendment to resolution regarding Upper Trafalgar Street closure 2018/19
Document number R9658, agenda pages 50 - 54 refer.
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Resolved CL/2018/225 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
Document number R9638, agenda pages 55 - 60 refer.
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Resolved CL/2018/226 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
Document number R9693, late items agenda pages 16 - 28 refer.
Attendance: Councillor Lawrey returned to the meeting at 3.14p.m.
Mark Preston-Thomas, Manager Community Partnerships, presented his report and confirmed that Baydreams South was not asking Council for any funding, was offering to protect the risk of damage to the turf at Trafalgar park and to cover the cost of shuttle buses. He noted that the economic return was expected to be around $7 million. The organisers wanted to run the event annually and NRDA would provide a full review following the first event to quantify the economic benefit.
Pat Dougherty, Chief Executive, advised Baydreams South was planning to bring in a small fleet of buses and security as Nelson did not have the capacity to supply this. He noted that officers would be renegotiating fees as the full costs were worked through.
Attendance: Councillor Matheson left the meeting at 3.34p.m.
Mr Preston-Thomas answered questions on health and safety and the risks of bad behaviour, noting the organisers were professionals whose management of alcohol, drugs and behaviour included working with Police and organisations such as Red Frogs and using a bracelet system to purchase food and alcohol. The organisers were invested in making the event a success.
Attendance: Councillor Fulton left the meeting from 3.39 ppm until 3.42p.m.
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Resolved CL/2018/227 That the Council Receives the report Bay Dreams Update and Camping Request (R9693); and Agrees to conditional landowner approval for camping at Rutherford Park for 1500 people over 3–5 January 2019; and Agrees to conditional landowner approval for camping at Saxton Field for up to 5000 people over 3-5 January 2019 (subject to resource consent if required); and Notes that $80,000 of unbudgeted expenditure is estimated to support the Bay Dreams project delivery and that officers are negotiating with Bay Dreams on fees to recover these costs; and Notes that the Chief Executive will confirm that a New Year’s Eve event at Trafalgar Park will not be held on 31 December 2018. |
It was noted that the recommendation from the Governance Committee regarding Nelmac Matters had been included in the agenda in error, this has been removed.
Mr Chris Ward, contractor, was in attendance for Item 2.1 of the Public Excluded agenda to answer questions and, accordingly, the following resolution was required to be passed:
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Resolved CL/2018/228 That the Council Confirms, in accordance with section 48(5) of the Local Government Official Information and Meetings Act 1987, Chris Ward remain after the public has been excluded, for the Public Excluded agenda as he has 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 Chris Ward possesses relates to the Recommendation from Community Services Committee regarding Greenmeadows Centre – Progress Update.
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Resolved CL/2018/229 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: |
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General subject of each matter to be considered |
Reason for passing this resolution in relation to each matter |
Particular interests protected (where applicable) |
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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) |
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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 |
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 |
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Policy for the appointment and remuneration of jointly-appointed independent members to committees
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Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7 |
The withholding of the information is necessary: · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person |
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Nelson Regional Sewerage Business Unit (NRSBU) independent member appointment
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Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7 |
The withholding of the information is necessary: · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person |
The meeting went into public excluded session at 3.53p.m. and resumed in public session at 4.47p.m.
There being no further business the meeting ended at 4.47p.m.
Confirmed as a correct record of proceedings:
Chairperson
Date