Agenda of Council - 15 November 2018

N-logotype-black-wide Nelson City Council

15 November 2018

Page No.

Opening Prayer

1. Apologies

1.1 Apologies have been received from Councillors Acland, Dahlberg and Rutledge

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 Leonie Allen and Gill Starling - Parker Gallery

Leonie Allen and Gill Starling, on behalf of the Wakatu Square retailers, speaking about the effect the proposed road closure for Bay Dreams will have on businesses.

5. Confirmation of Minutes

5.1 20 September 2018 11 - 29

Document number M3766

Recommendation

That the Council

Confirms the minutes of the meeting of the Council, held on 20 September 2018, as a true and correct record.

5.2 11 October 2018 30 - 31

Document number M3825

Recommendation

That the Council

Confirms the minutes of the meeting of the Council, held on 11 October 2018, as a true and correct record.

5.3 25 October 2018 32 - 34

Document number M3853

Recommendation

That the Council

Confirms the minutes of the meeting of the Council, held on 25 October 2018, as a true and correct record.

6. Recommendations from Committees 35

6.1 Audit, Risk and Finance Subcommittee - 25 September 2018

6.1.1 Carry Forwards 2017/18

Recommendation to Council

That the Council

Approves the carry forward of $4,945,000 unspent capital budget for use in 2018/19; and

Approves the offsetting of $1,145,000 of capital spent in 2017/18 against 2018/19 budgets; and

Approves the carry forward of $700,505 of unspent operating budget for use in 2018/19; and

Approves the release of $4,025,000 of 2018/19 capital budget unlikely to be spent as itemised in attachment 1; and

Notes savings in 2017/18 capital expenditure of $945,000; and

Notes that the total capital budget (including staff costs but excluding consolidations and vested assets) will be adjusted by these resolutions to a total of $41,868,000.

6.1.2 Draft Internal Audit Charter - Review September 2018

Recommendation to Council

That the Council

Approves the Draft Internal Audit Charter – Review September 2018 (A2026584).

6.1.3 Draft Annual Internal Audit Plan - 30 June 2019

Recommendation to Council

That the Council

Approves the Draft Annual Internal Audit Plan to 30 June 2019 (A2026190).

6.2 Works and Infrastructure Committee - 28 September 2018

6.2.1 Wastewater and Stormwater/Flood Protection Asset Management Plans 2018 - 28

Recommendation to Council

Adopts the Wastewater and Stormwater/Flood Protection Asset Management Plans 2018-28 (A1611752 and A1711433), amended to reflect the approved Long Term Plan 2018-2028.

6.2.2 Nelson Tasman Regional Landfill Business Unit Treasury Policy

Recommendation to Council

That the Council

Approves the Nelson Tasman Regional Landfill Business Unit Treasury Policy (A1963932 of Report R9441).

6.2.3 Saltwater Creek Bridge

Recommendation to Council

That the Council

Approves an additional unbudgeted $300,000 to fund construction of the bridge in the 2018/19 financial year that will allow the award of a tender and enable work to commence this financial year (2018/19).

6.3 Regional Transport Committee - 3 October 2018

6.3.1 Regional Land Transport Plan variation - Noise Reduction and Safety Enhancements Programmes

That the Council

Approves that the Nelson Regional Land Transport Programme 2015-21 be varied to include a total of $4.97M for “Noise Improvements” and $350,000 for “Safety Enhancements on the State Highway Network” spread over the 2018-21 financial years.

6.4 Community Services Committee - 4 October 2018

6.4.1 Adoption of Property and Facilities Asset Management Plan 2018 - 2028

Note: As this Asset Management Plan contains matters relevant to the Community Services and Sports and Recreation Committees, the full plan has been attached under separate cover on Council’s website for reference.

Recommendation to Council

That the Council

Adopts the Property and Facilities Asset Management Plan 2018 – 2028 (A2013479) amended to reflect the approved Long Term Plan 2018 – 2028.

6.5 Planning and Regulatory Committee - 9 October 2018

6.5.1 Appointment of Regional On-Scene Commanders

Recommendation to Council

That the Council

Agrees to end the appointment of Stephen Lawrence as primary Regional On-Scene Commander under the Maritime Transport Act 1994 on 15 November 2018; and

Approves Brent Edwards to be the primary Regional On-Scene Commander for the Nelson region under the Maritime Transport Act 1994 effective from 16 November 2018; and

Approves Adrian Humphries to be an alternate Regional On-Scene Commander for the Nelson region under the Maritime Transport Act 1994 effective from 16 November 2018; and

Approves Luke Grogan to be an alternate Regional On-Scene Commander for the Nelson region under the Maritime Transport Act 1994 effective from 16 November 2018.

6.5.2 Adoption of the Environment Activity Management Plan 2018-2028

Recommendation to Council

That the Council

Adopts the Environment Activity Management Plan 2018-2028 (A2051681).

6.5.3 Amendments to the Nelson Resource Management Plan to implement the National Environmental Standard - Plantation Forestry

Recommendation to Council

That the Council

Approves the additional proposed amendments to the Nelson Resource Management Plan to implement the National Environmental Standard – Plantation Forestry.

6.6 Governance Committee - 25 October 2018

6.6.1 Policy review: Remuneration for directors of Nelson City Council's Council Controlled Trading Organisations

Recommendation to Council

That the Council

Adopts the amended 2018 Nelson City Council Policy for setting the remuneration for directors of Nelson City Council’s council controlled trading organisations (A2045559).

7. Mayor's Report 36 - 36

Document number R9801

Recommendation

That the Council

Receives the report Mayor's Report (R9801).

8. QV Revaluation Presentation

Gail Smits and Craig Russell of Quotable Value will be in attendance to present the 2018 revaluation of Nelson properties.

9. Communications and Engagement Strategy 37 - 40

Document number R9663

Recommendation

That the Council

Receives the report Communications and Engagement Strategy (R9663); and

Delegates responsibility for development and implementation of a Communications and Engagement Strategy to the Governance Committee; and

Updates the Delegations Register to include the Governance Committee’s responsibility for development and implementation of a Communications and Engagement Strategy.

10. Submission on the Tasman District Council (Waimea Water Augmentation Scheme) Bill 41 - 55

Document number R9810

Recommendation

That the Council

Receives the report Submission on the Tasman District Council (Waimea Water Augmentation Scheme) Bill (R9810) and its attachments (A2081420, A2069694); and

Approves retrospectively the attached Nelson City Council submission (A2069694) on the Tasman District Council (Waimea Water Augmentation Scheme) Bill.

Public Excluded Business

11. 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 - 20 September 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: ·
2	Council Meeting - Public Excluded Minutes - 11 October 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: ·
3	Recommendations from Committees Planning and Regulatory Committee 09/10/18 Appointment of external District Licensing Committee Commissioner and members Governance Committee 25/10/18 State Advances Building – Update Recommendation from Civic Trust Annual General Meeting 19/10/18	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)(h) To enable the local authority to carry out, without prejudice or disadvantage, commercial activities · Section 7(2)(g) To maintain legal professional privilege
4	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
5	Rural Fire: Hira Fire Station Licence and Response Assets	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)

Council Meeting - Public Excluded Minutes - 20 September 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:

Council Meeting - Public Excluded Minutes - 11 October 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:

Recommendations from Committees

Planning and Regulatory Committee 09/10/18

Appointment of external District Licensing Committee Commissioner and members

Governance Committee 25/10/18

State Advances Building – Update

Recommendation from Civic Trust Annual General Meeting 19/10/18

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)(h)

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

· Section 7(2)(g)

To maintain legal professional privilege

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

Rural Fire: Hira Fire Station Licence and Response Assets

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

Note:

· This meeting is not expected to continue beyond lunchtime as the Works and Infrastructure Committee will follow this meeting. (delete as appropriate)

· Lunch will be provided. (delete as appropriate)

· Youth Councillors are in examinations and will not be in attendance at this meeting. (delete as appropriate)

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

Resolved CL/2018/205

That the Council

Receives and accepts an apology from Councillor Walker who was on Council business.

Her Worship the Mayor/Noonan Carried

2. Confirmation of Order of Business

There were no changes to the order of business.

3. Interests

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. Public Forum

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.

4.3 Mr Graeme O'Brien
	Mr O’Brien spoke about his research relating to public notification of workshops, which included information gathered from a LGOIMA request to Councils in 2016, he tabled his speech (A2067075) and his research (A2068608). Mr O’Brien noted that his research differed somewhat from that presented in the report on workshops on the agenda. He did not see a difference in videoing public meetings and public workshops and was asking that Council show its residents what was going on.

	Attachments 1 A2067075 Council 20Sep2018 Graeme O'Brien Public Forum 2 A2068208 Council 20 Sep2018 Graeme O'Brien Research Public Forum.

5. Confirmation of Minutes

5.1 9 August 2018

Document number M3667, agenda pages 10 - 29 refer.

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.

Her Worship the Mayor/Barker Carried

6. Recommendations from Committees

6.1 Audit, Risk and Finance Subcommittee - 14 August 2018

6.1.1 Draft Governance Members' Protected Disclosure Policy

Resolved CL/2018/207

That the Council

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

Barker/Dahlberg Carried

6.2 Works and Infrastructure Committee - 16 August 2018

6.2.1 Solid Waste Asset Management Plan 2018 - 2028

Resolved CL/2018/208

That the Council

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

Rutledge/Matheson Carried

6.2.2 Water Supply Asset Management Plan 2018 – 2028

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.

6.2.2 Water Supply Asset Management Plan 2018 – 2028

Senior Asset Engineer, Phil Ruffell answered questions on replacement of water meters, noting the current meters had been installed for an excess of 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 but the meters. The biggest additional cost was in installation with an ongoing increased cost of $300,000 per annum for the life of the smart meter. The smart meters were a sealed unit as they were installed in the water line and batteries could not be replaced, the more information requested from the unit the shorter the life of the battery. Mr Ruffell advised he would like to bring a report back to Council in 12 months to provide a review.

Moved by Councillor Skinner, seconded by Councillor Noonan

That the Council

Councillor Fulton moved an amendment, seconded by Her Worship the Mayor Reese

That the Council

The amendment was put and lost.

The substantive motion was put and carried.

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.

Skinner/Noonan Carried

6.2.3 Paxster Use on Nelson Footpaths

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.

Noonan/Matheson Carried

6.3 Joint Shareholders Committee - 21 August 2018

6.3.1 Nelson Airport Limited - Changes to Constitution

Resolved CL/2018/212

That the Council

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

Barker/Courtney Carried

6.4 Sports and Recreation Committee - 21 August 2018

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

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.

Skinner/Dahlberg Carried

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.

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).

McGurk/Fulton Carried

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.

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.

Barker/Matheson Carried

Attachments

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

Resolved CL/2018/216

That the Council

Approves the amended Nelson Festivals Trust Deed (A2029206).

Noonan/Courtney Carried

6.8 Governance Committee - 6 September 2018

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

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.

Barker/Courtney Carried

6.8.2 Nelson Centre of Musical Arts - Funding

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.

Barker/Her Worship the Mayor Carried

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.

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.

Barker/Courtney Carried

The meeting was adjourned from 11.31a.m. until 11.38a.m.

7. Mayor's Report

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, 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 not mobbed.

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.

Vote of thanks

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.

Her Worship the Mayor/Matheson Carried

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 125^th anniversary of women being able to vote and noted that diversity was critically important to reflect the differences in our community.

Attendance: Councillor Lawrey left the meeting from 12.07p.m. until 12.09p.m.

Resolved CL/2018/221

That the Council

Receives the report Mayor's Report (R9684).

Her Worship the Mayor/Noonan Carried

The meeting was adjourned from 12.37p.m. until 1.20p.m.

8. Live-streaming Workshops

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 advisory groups 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.

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.

Matheson/Noonan Carried

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.

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

Lawrey/Acland Carried

That the Council

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

The motion was put and a division was called:

For

Cr Acland

Cr Courtney

Cr Lawrey

Cr McGurk

Cr Skinner

Against

Her Worship the Mayor Reese (Chairperson)

Cr Barker

Cr Dahlberg

Cr Fulton

Cr Matheson

Cr Noonan

Cr Rutledge

Apology

Cr Walker

The motion was lost 5 - 7.

That the Council

Confirms that Nelson City Council live-streams all Regional Transport Committee’s public meetings and public workshops.

The motion was put and a division was called:

For

Cr Acland

Cr Courtney

Cr Lawrey

Cr McGurk

Cr Skinner

Against

Her Worship the Mayor Reese (Chairperson)

Cr Barker

Cr Dahlberg

Cr Fulton

Cr Matheson

Cr Noonan

Cr Rutledge

Apology

Cr Walker

The motion was lost 5 - 7.

Extension of Meeting Time

Resolved CL/2018/224

That the Council

Extends the meeting time beyond six hours, pursuant to Standing Order 4.2.

Noonan/Her Worship the Mayor Carried

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.

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.

Barker/Her Worship the Mayor Carried

11. Amendment to Special Housing Area at 2 City Heights

Document number R9638, agenda pages 55 - 60 refer.

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).

Rutledge/Courtney Carried

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 who’s 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.

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.

Her Worship the Mayor/Skinner Carried

13. Exclusion of the Public

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:

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.

Barker/Noonan Carried

Resolved CL/2018/229

That the Council

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

Barker/Noonan 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 - 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	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
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	Nelson Regional Sewerage Business Unit (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

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

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

Nelson Regional Sewerage Business Unit (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

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

Option 1: Delegate oversight of Strategy development and implementation to the Governance Committee
Advantages	· In keeping with other delegations (including Council wide plans and policies, and the residents survey)
Risks and Disadvantages	· Full Council will not be able to provide direct feedback on the Strategy
Option 2: Oversight of Strategy development and implementation to be undertaken by Council
Advantages	· Provide input from entire Council
Risks and Disadvantages	· Would add to the considerable workload already imposed on Council
Option 3: Leave delegation with officers
Advantages	· None
Risks and Disadvantages	· No governance oversight available other than through current reporting