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.
Councillor Rutledge subsequently declared an interest in the Natureland portion of Item 10 - Adoption of Annual Plan 2019/20 Consultation Document in principle.
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Attendance: Councillor Rutledge left the meeting from 9.25a.m. until 9.28a.m.
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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. |
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1 A2158933 Public Forum Graeme O'Brien Council 21 March 2019 Handout 4 20Mar2019 |
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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. |
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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.
5.1 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.
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1. Confirms the amended minutes of the meeting of the Council, held on 19 February 2019, as a true and correct record. |
6. Recommendations from Committees
6.1 Works and Infrastructure Committee - 14 February 2019
6.1.1 Part of Bronte Street - proposed road stopping
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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. |
6.4 Governance Committee - 7 March 2019
6.4.1 Nelson Regional Development Agency - Statement of Expectation 2019/2020
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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. |
Recommendations from Committees was adjourned due to presenters’ timetables.
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Roger Nicholson, Chair of the City of Nelson Civic Trust gave a presentation to Council about the activities of the Trust. |
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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.
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:
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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. |
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Resolved CL/2019/012 |
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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: |
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Item |
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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Recommendations from Committees Sports and Recreation Committee - 6 March 2019 2.2.1 Campground Governance and Tahunanui Camp
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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 · 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
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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. |
6.3 Community Services Committee - 26 February 2019
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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 |
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1. Leaves the item Pet Cremations Review to lie on the table until the next scheduled Council meeting on 2 May 2019. |
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Attendance: Councillor Noonan left the meeting at 11.42a.m.
6.3.2 Heritage Activity Management Plan 2018 - 28
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That the Council 1. Adopts the Heritage Activity Management Plan 2018 – 2028 (A1826798) to reflect the approved Long Term Plan 2018 - 2028. |
6.3.3 Arts Activity Management Plan 2018 - 2028
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That the Council 1. Adopts the Arts Activity Management Plan 2018 – 2028 (A1766400) to reflect the approved Long Term Plan 2018 - 2028. |
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.
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.
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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 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 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 |
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1. Extends the meeting time beyond six hours, pursuant to Standing Order 4.2. |
The item was adjourned to allow officers to provide further information.
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.
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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. |
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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: |
Item |
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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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) |
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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
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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 · 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
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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: |
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Item |
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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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) |
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4 |
Decision Report on the Tasman-Nelson Regional Pest Management Plan 2019-2029
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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. |
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The meeting went into public excluded session at 4.51p.m. and resumed in public session at 5.05p.m.
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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. |
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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.
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16. Restatements
It was resolved while the public was excluded:
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PUBLIC EXCLUDED: Montgomery Square Market - Licence Expiry |
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1. Agrees that Report (R9975), Attachment (A2091692), related minutes and the decision be released from public excluded business once negotiations are concluded.
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PUBLIC EXCLUDED: Nelson Regional Development Agency - Appointment of Directors and Chair |
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1. Agrees that Report (R9947) and Attachments (A2142398 and A2142399) be excluded from public release at this time. |
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PUBLIC EXCLUDED: Decision Report on the Tasman-Nelson Regional Pest Management Plan 2019-2029 |
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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