Minutes of a meeting of the Nelson City Council

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

On Thursday 21 March 2019, commencing at 9.05a.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) and Governance Adviser (E Stephenson); Youth Councillors E Edwards and N Dunn.

Apologies :          Nil

 

Opening Prayer

Her Worship the Mayor gave the opening prayer and a blessing for the City on International Race Relations Day. The Mayor also acknowledged the victims of the terrorist attack in Christchurch on Friday 15 March.

1.       Apologies

2.       Confirmation of Order of Business

Her Worship the Mayor advised that some matters would be considered earlier than the order of the Agenda to allow for attendance of speakers.

3.       Interests

Councillor Rutledge subsequently declared an interest in the Natureland portion of Item 10 - Adoption of Annual Plan 2019/20 Consultation Document in principle.

.

4.       Public Forum

4.1      Jean-paul Pochin and Yasmeen Maria - Extinction Rebellion.

 

 

Jean-paul Pochin and Yasmeen Maria from Extinction Rebellion provided a presentation and introduced Council to the movement which focused on urging faster action to climate change. They urged that the truth about climate change not be compromised or diluted and asked that the Council exercise its powers and demand more powers from central government.

 

Attachments

1    A2159126 John-paul Pochin and Yasmeen Maria Extinction Rebellion Tabled Document Public Forum Council 21Mar2019

2    A2159554 John-paul Pochin and Yasmeen Maria Extinction Rebellion Powerpoint Public Forum Council 21Mar2019

Attendance: Councillor Rutledge left the meeting from 9.25a.m. until 9.28a.m.

4.2      Graeme O'Brien

 

 

Graeme O'Brien tabled additional information and spoke about workshop notes and records of attendance at workshops being taken, he said that Council was failing, that, in his opinion, decisions were being made in workshops and that he wanted more transparency. 

 

Attachments

1    A2158933 Public Forum Graeme O'Brien Council 21 March 2019 Handout 4 20Mar2019

4.3      Anne Kolless - Nelson Market Lease

 

 

Ms Kolless was concerned that the original responsibility for establishing the Nelson Market in 1978 been completely overlooked and provided background on how the market was established by the Central Relief Committee. While she did not deny the effort that had gone in to developing the market she suggested it was time for a change of management and location for the market. Ms Kolless provided  a placard with historical information.

 

Attachments

1    A2159629 Anne Kolless Nelson Market Lease Handout Public Forum Council 21Mar2019

2    A2160995 Anne Kolless Nelson Market Lease Public Forum Council 21Mar2019 supporting documents

4.4      Bruce Dyer  - Nelson Market Lease

           Mr Dyer encouraged Councillors to look at introducing a tendering process that enabled community involvement for the Nelson Market lease. He said that one option before Council may be to put the lease out for tender and he was supportive of a trust with the stallholders as members

Attendance: Councillor Matheson left the meeting from 9.48a.m. until 9.50a.m.

4.5      Mike Ward -  Nelson Market Lease

           Mr Ward, who had been a stallholder since the market started, spoke in support of a lease for Ms Knight and said that the Nelson Market was the best in New Zealand, which reflected the good management and quality goods available.

5.       Confirmation of Minutes

5.1      19 February 2019

Document number M4038, agenda pages 14 - 17 refer.

It was noted that during the Mayor’s Report, Her Worship the Mayor Reese recorded a formal thankyou to emergency services, Council staff and volunteers and that this should be noted in the minutes. 

Resolved CL/2019/007

 

That the Council

1.    Confirms the amended minutes of the meeting of the Council, held on 19 February 2019, as a true and correct record.

Barker/McGurk                                                                            Carried

   

6.       Recommendations from Committees

6.1     Works and Infrastructure Committee - 14 February 2019

6.1.1   Part of Bronte Street - proposed road stopping

Resolved CL/2019/008

 

That the Council

1.        Approves the sale of the land, as shown on diagram A2120376 of Report R9906, to the adjacent landowners for the total of $10,000 plus GST (if any) subject to completion of the process under Schedule 10 of the Local Government Act 1974; and

2.        Agrees that the applicants pay all costs, including legal, valuation and survey, associated with the road stopping and sales process.

Walker/Rutledge                                                                         Carried

6.4     Governance Committee - 7 March 2019

6.4.1   Nelson Regional Development Agency - Statement of Expectation 2019/2020

Resolved CL/2019/009

 

That the Council

1.        Confirms the general matters to be included in the Nelson Regional Development Agency Statement of Expectation letter as those identified in paragraphs 4.5 to 4.12 of report R9752; and

2.        Confirms the following specific matters to be included in the Nelson Regional Development Agency Statement of Expectation letter as those identified in paragraphs 4.13.1 to 4.13.9 of report R9752 and summarised below:

(a)  Council priorities

(b)  Stakeholders

(c)   Partnerships with iwi and Māori

(d)  Promoting the regions

(e)  Funding

(f)   Deliverables and budget

(g)  Advice

(h)  Agility

(i) Te Tauihu Strategy 2077 Regional Growth Strategy;

(j)   Climate Change responsiveness, including risk resilience, mitigation and adaption; and

(k) Development of the relationship with Tasman District Council with a view to increasing funding from that source; and

3.    Confirms the Nelson Regional Development Agency’s review of Board performance will be completed by 1 November 2019.

Barker/Courtney                                                                         Carried

 

Recommendations from Committees was adjourned due to presenters’ timetables.

 

7        City of Nelson Civic Trust Presentation (Agenda Item 8)

 

 

Roger Nicholson, Chair of the City of Nelson Civic Trust gave a presentation to Council about the activities of the Trust.

 

Attachments

1    A2160841 Civic Trust Presentation Council 21Mar2019

 

The meeting adjourned at 10.22a.m. and reconvened at 10.47a.m., at which time Councillor Fulton had not returned to the meeting.

Attendance: Councillor Fulton returned to the meeting at 11.50a.m.

 

Her Worship the Mayor Reese acknowledged the work of the Trustees and thanked Mr Nicholson for the their contribution to the wellbeing of the city.

8        Mayor's Report (Agenda Item 7)

 

Document number R10042, agenda pages 18 - 22 refer.

Her Worship the Mayor spoke about the tragedy of the terror attack in Christchurch and the impact on individuals, towns, cities and the country.  She spoke about the concept of ‘kanohi ki te kanohi’,  face to face communication, and stressed the importance of human connections. She gave encouragement to reach out to people if there was a concern and invited the community to celebrate unity and diversity at Race Unity Day on Sunday.   

Mayor Reese spoke about the Youth Climate Change Protest held on Friday 15th March, which delivered a message about urgency for change. She felt this was an opportunity and that the City of Whakatu was up to the challenge and presented a video of a young activist, Penelope Lea (14), who called for action on the EAT-Lancet Launch in Oslo. 

https://m.youtube.com/watch?v=WnVG0GIz1n4 

 

Resolved CL/2019/010

 

 

That the Council

1.        Receives the report Mayor's Report (R10042) and its attachment (A2149760).

 

Her Worship the Mayor/Barker                                                  Carried

 

9.       Exclusion of the Public

Mr John Murray would be in attendance for Item 2.2.1 of the Public Excluded agenda to answer questions and, accordingly, the following resolution was required to be passed:

Resolved CL/2019/011

 

That the Council

1.        Confirms, in accordance with sections 48(5) and 48(6) of the Local Government Official Information and Meetings Act 1987, that John Murray remains for Item 2.2.1 on the Public Excluded agenda (Campground Governance and Tahunanui Campground,), as he has knowledge relating to the Item that would assist the meeting.

 

Her Worship the Mayor/Walker                                          Carried

Resolved CL/2019/012

 

That the Council

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

2.        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:

 

Her Worship the Mayor/Walker                                          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)

3

Recommendations from Committees

Sports and Recreation Committee  - 6 March 2019

2.2.1 Campground Governance and Tahunanui Camp

 

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)

The meeting went into public excluded session at 11.18a.m. and resumed in public session at 11.31a.m.

6.       Recommendations from Committees (reconvened)

6.2     Planning and Regulatory Committee - 21 February 2019

6.2.1   Kerr Street Walkway

Resolved CL/2019/013

 

Recommendation to Council

That the Council

1.        Approves the amendment of Schedule A of the Urban Environments Bylaw No.225 to include the Kerr Street Walkway area (refer map A2120387) in the list of Alcohol Ban Areas – 24 Hours, 7 days a week.

Her Worship the Mayor/McGurk                                                   Carried

 

6.3     Community Services Committee - 26 February 2019

6.3.1   Pet Cremations Review

 

Recommendation to Council

That the Council

1.        Approves the continuation of pet cremation services at the Wakapuaka Crematorium, noting that if the pet cremation is not fully user pays, then an adjustment to fees will be made to the fee schedule to achieve this outcome.

Noonan/Courtney

 

There was discussion on whether a decision should wait until officers were able to confirm whether the pet cremation service was fully user pays,  was subsidising human cremation costs and whether the service was competing against a commercial service in Brightwater.   

 

Item of business to lie on the table

Resolved CL/2019/014

 

That the Council

1.        Leaves the item Pet Cremations Review to lie on the table until the next scheduled Council meeting on 2 May 2019.

 

Acland/Skinner                                                                 Carried

Attendance: Councillor Noonan left the meeting at 11.42a.m.

6.3.2   Heritage Activity Management Plan 2018 - 28

Resolved CL/2019/015

 

Recommendation to Council

That the Council

1.        Adopts the Heritage Activity Management Plan 2018 – 2028 (A1826798) to reflect the approved Long Term Plan 2018 - 2028.   

Courtney/Fulton                                                                          Carried

 

6.3.3   Arts Activity Management Plan 2018 - 2028

Resolved CL/2019/016

 

Recommendation to Council

That the Council

1.        Adopts the Arts Activity Management Plan 2018 – 2028 (A1766400) to reflect the approved Long Term Plan 2018 - 2028.

Courtney/Fulton                                                                          Carried

 

6.3.4   Options for 2019/20 Community Investment Fund and Updated Panel Terms of Reference

Attendance: Councillor Noonan returned to the meeting at 11.51a.m.

 

Resolved CL/2019/017

 

 

Recommendation to Council

That the Council

1.        Confirms that new Community Investment Fund applications will not be offered in 2019 /20; and

2.        Agrees that the residual community investment funding 2019/20 (up to $41,393) be combined with the existing small grant pool of $50,000 for 2019/20.

3.        Confirms that the Community Grant Fund approvals be increased from $2,500 to $5,000 maximum for 2019/20; and

4.        Approves the updated Community Investment Fund Panel Terms of Reference (A2093465) and Code of Conduct (A1960223).

 

Noonan/Courtney                                                                        Carried

6.5     Governance Committee  - 26 July 2018

 

6.5.1   Nelson Regional Development Agency – Events Contestable Fund

 

 

Resolved CL/2019/018

 

 

 

That the Council

1.        Approves unbudgeted expenditure of $20,000 for the All Blacks vs Argentina Rugby Match including provision for Park and Ride associated with the Match.

 

 

 

Barker/Dahlberg                                                           Carried

 

10.     Adoption of Annual Plan 2019/20 Consultation Document in principle (Agenda Item 9)

Document number R9925, agenda pages 23 - 93 refer.

Group Manager Corporate Services, Nikki Harrison,  and Manager Strategy & Communications, Mark Tregurtha, presented the report and explained that the recommendation was to adopt in principle and on 27 March adopt the overall document with inclusion of the  Community Housing consultation.  

Mr Tregurtha advised of an amendment to the recommendation regarding greenwaste as this should be an active decision by Council. 

Ms Harrison answered questions on greenwaste, fees and charges for the landfill and cost of recycling, she noted the concern at the increase in landfill fees and advised officers would work on a better explanation of this in the consultation document. 

Attendance: Councillor Matheson left the meeting from 12.02p.m. until 12.04p.m.

Mr Tregurtha provided background on the proposal for Natureland, which was included in the Consultation document. 

Attendance: Councillor Rutledge declared an interest in the discussion on Natureland and left the meeting at 12.10p.m.

Ms Harrison and Group Manager Community Services, Roger Ball, answered questions on the operation and future of Natureland Trust. 

Attendance: Councillor Fulton left the meeting from 12.22p.m. until 12.25p.m.

During debate, Her Worship the Mayor raised a Point of Order regarding a misleading statement made by Councillor Acland and the statement was withdrawn.

Attendance: Councillor Lawrey left the meeting from 12.26p.m. until 12.30p.m.

Attendance: Councillor Matheson left the meeting from 12.46p.m. until 12.49p.m. 

Attendance: Councillor Rutledge returned to the meeting at 12.51p.m.

Resolved CL/2019/019

 

That the Council

1.   Receives the report Adoption of Annual Plan 2019/20 Consultation Document in principle (R9925) and its attachments (A2129114, A2152430); and

2.   Agrees to consult on the matters outlined in the Consultation Document for the Annual Plan 2019/20 using the special consultative procedure; and

3.   Adopts the supporting information (A2152430), as information relied on by the content of the  Consultation Document, that is necessary to enable the Auditor-General to give required reports and that provides the basis for the amendment of the Long Term Plan 2018-28; and 

4.   Agrees the content of the Consultation Document (A2129114) for the Annual Plan 2019/20 subject to final adoption at the Council meeting on 27 March 2019; and

5.   Agrees that the Consultation Document for the Annual Plan meets the requirements of the Local Government Act 2002, including the purpose and content of consultation documents as set out in Section 95(A); and

6.   Adopts in principle and subject to the Council decision on 27 March 2019, the Consultation Document for the Annual Plan 2019/20; and

7.   Notes that a proposal to divest Council’s community housing through an amendment to the Long Term Plan 2018-28 (LTP) will be brought to Council on 27 March 2019 and that if the proposal is adopted for consultation, the consultation documents on the Annual Plan and the LTP amendment will be combined and adopted at that meeting; and

8.     Agrees to renew the supply agreement for green waste disposal with the current commercial compost operator for a period of two years; and

9.    Notes that green waste disposal will be reviewed as part of the development of the Long Term Plan 2021-31; and

10.  Notes that any changes to green waste fees and charges will be brought back to the Works and Infrastructure Committee; and

11. Agrees that the Mayor, Deputy Mayor and Chief Executive be delegated to approve any  minor  amendments required to the supporting information or the Consultation Document prior to start of the special consultative procedure; and

12. Approves the consultation approach (set out in paragraph 4.26 – 4.27) and agrees that the plan:

(a)    meets the requirements of sections 82 and 83(1)(b) and (c) of the Local Government Act 2002; and

(b)    includes sufficient steps to ensure the Consultation Document will be reasonably accessible to the public and will be publicised in a manner appropriate to its purpose and significance; and

(c)   will result in the Consultation Document being as widely publicised as is reasonably practicable as a basis for consultation.

Her Worship the Mayor/Fulton                                                     Carried

Her Worship the Mayor thanked members and officers for their contribution to the Consultation document. 

 

The meeting adjourned from 1.23p.m. until 2.06p.m. at which time Councillors Dahlberg, Matheson and Rutledge left the meeting.  

Attendance: Councillor Matheson returned to the meeting at 2.08p.m.

11.     Workshop Policy (Agenda Item 10)

Document number R9887, agenda pages 94 - 103 refer.

Manager Governance and Support Services, Mary Birch, presented the report and answered questions on livestreaming, public notice and notetaking and confirmed she would include reference to the elected Members Code of Conduct as a related document.

Attendance: Councillor Rutledge returned to the meeting at 2.24p.m.

Her Worship the Mayor suggested that a synopsis of workshops could be included in the Quarterly Report to Committees. Members agreed this would be good practice going forward and should be included in the policy.

Attendance: Councillor Acland left the meeting at 2.49p.m. 

 

Extension of Meeting Time

Resolved CL/2019/020

 

That the Council

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

Her Worship the Mayor/McGurk                                                   Carried

The item was adjourned to allow officers to provide further information.

      

 

 

12.     Exclusion of the Public

Chief Executive, Pat Dougherty, explained that the recommendation from the Governance Committee regarding Haven Precinct Project:Next Steps (2.3.4) had been renamed to Property Matters and Priorities to clarify the objective of the recommendation.

When asked if some of the matters in Item 2.3.1 Montgomery Square Market – Licence Expiry could be dealt with in the Open session of the meeting, Mr Dougherty noted he would provide advice in the Public Excluded session and Council could then make a decision on what it could discuss in Open session.

Paul Sheldon Tasman District Council Team Leader Biosecurity would in attendance for Item 3 of the Public Excluded agenda to answer questions and, accordingly, the following resolution was required to be passed:

The meeting went into public excluded session at 2.58p.m. however immediately resumed in public in order to resolve that Mr Sheldon remain, then the public was excluded.

 

Resolved CL/2019/021

 

That the Council

1.        Confirms, in accordance with sections 48(5) and 48(6) of the Local Government Official Information and Meetings Act 1987, Paul Sheldon for Item 3 remain after the public has been excluded, for the Decision Report on the Tasman-Nelson Regional Pest Management Plan, as he has knowledge relating to the Items that will assist the meeting.

Her Worship the Mayor/Barker                                                     Carried

 

 

Resolved CL/2019/022

 

That the Council

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

2.        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:

Noonan/Rutledge                                                                        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 -  19 February 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:

·    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 – 26 March 2019

2.1.1 Greenmeadows Centre – Progress Update

Governance Committee – 7 March 2019

2.3.1 Montgomery Square Market – Licence Expiry

 

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)

The meeting went into public excluded session at 2.58p.m. and resumed in public session at 4.35p.m.

13      Montgomery Square Market - Licence Expiry

Councillor Skinner moved, seconded by Her Worship the Mayor Reese, a motion to allocate funds from the Nelson Market to the Community Investment Fund. In speaking to the motion Councillor Skinner suggested that a small but effective amount of income from the market lease being allocated to the Community Investment Fund would reflect the history of the market.

Resolved CL/2019/023

 

1.        Allocates  5% of income that Council receives from Nelson Market into the Community Investment Fund.

The motion was put and a division was called:

For

Her Worship the Mayor Reese (Chairperson)

Cr Acland

Cr Barker

Cr Courtney

Cr Fulton

Cr McGurk

Cr Noonan

Cr Skinner

Cr Walker

Against

Cr Rutledge

Absent

Cr Dahlberg

Cr Lawrey

Cr Matheson

 

The motion was carried 9 - 1.

Skinner/Her Worship the Mayor                                                                     Carried

 

 14     Exclusion of the Public

 

 

Resolved CL/2019/024

 

 

 

That the Council

1.        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:

 

 

 

Her Worship the Mayor/Walker                                      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)

 

2

Recommendations from Committees

Governance Committee – 7 March 2019

2.3.2 NRDA  - Appointment of Directors and Chair

2.3.3 The Bishop Suter Trust – Trustee Remuneration 2018/19

2.3.4 Property Matters and Priorities

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)

 

4

Decision Report on the Tasman-Nelson Regional Pest Management Plan 2019-2029

 

Section 48(1)(d)

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

The withholding of the information is necessary:

·   Section 48(1)(d)

     That the exclusion of the public from the whole or the relevant part of the proceedings of the meeting is necessary to enable the local authority to deliberate in private on its decision or recommendation in any proceedings to which this paragraph applies.

Section 48(2)

Paragraph (d) of subsection (1) applies to -

(a) Any proceedings before a local authority where -

(i) A right of appeal lies to any Court or tribunal against the final decision of  the local authority in those proceedings; or

(ii) The local authority is required, by any enactment, to make a recommendation in respect of the matter that is the subject of those proceedings; and

c) Any proceedings of a local authority in relation to any application or objection under the Marine Farming Act 1971.

The meeting went into public excluded session at 4.51p.m. and resumed in public session at 5.05p.m.

 

15      Workshop Policy (Agenda Item 10 Reconvened)

 

Manager Governance and Support Services, Mary Birch, advised that an additional clause would be added to the Workshop Policy. The clause would read:

5.11 Officers will provide elected members with key areas of discussion from the workshops through the relevant Quarterly Report or another appropriate reporting mechanism.

 

Resolved CL/2019/025

 

That the Council

1.     Receives the report Workshop Policy (R9887) and its attachment (A2100146); and

2.    Adopts the Council Workshop Policy (A2100146) with the inclusion of clause 5.11 outlined in the minutes.

 

 

Fulton/Noonan                                                                         Carried

 

16.        Restatements

 

It was resolved while the public was excluded:

 

1

PUBLIC EXCLUDED: Montgomery Square Market - Licence Expiry

 

1.        Agrees that Report (R9975), Attachment (A2091692), related minutes and the decision be released from public excluded business once negotiations are concluded.

 

 

2

PUBLIC EXCLUDED: Nelson Regional Development Agency - Appointment of Directors and Chair

 

1.        Agrees that Report (R9947) and Attachments (A2142398 and A2142399) be excluded from public release at this time.

 

 3

PUBLIC EXCLUDED: Decision Report on the Tasman-Nelson Regional Pest Management Plan 2019-2029

 

1.        Agrees that Report (R9984), Attachments (A2129140, A2145671, A2136847, A2136858, and A2136796) and the decision be released from public excluded business once the Tasman-Nelson Regional Pest Management Plan is publicly notified.

 

There being no further business the meeting ended at 5.10p.m.

 

Confirmed as a correct record of proceedings:

 

 

 

                                                       Chairperson                                     Date