Resolved CL/2019/094

That the Council

1.       Receives and accepts the apologies from Her Worship the Mayor Reese and Councillor Rutledge for lateness.

Matheson/Courtney                                                                          Carried

Lindsay Wood, Convenor for ACE, provided a PowerPoint presentation and  introduced ACE, its background and activities. He noted the other councils in New Zealand that had now declared a climate emergency and the increase in global declarations. He spoke of the economic benefits of investment in flood resilience and the costs of not investing early in climate responses. He advocated for encouraging electric vehicles. Mr Wood answered questions regarding his presentation.

Attachments

1    A2211754 Lindsay Wood PowerPoint presentation

Kerry Neal, from the Nelson Residents Association provided a PowerPoint presentation and spoke about recent public statements on perceived sea rise, climate change and historical weather events.

Attachments

1    A2211631 - Kerry Neal PowerPoint presentation

Kaye McNabb, President of the Nelson Women’s Club, provided a PowerPoint presentation and spoke about the Upper Trafalgar Street closure. She provided a brief history of the Club, its membership and activities.

Ms McNabb said that access was vital for the club and its members, many of whom had mobility difficulties. She noted that the club’s chairlift could only be accessed through the Trafalgar Street door.

Ms McNabb spoke of the effect of the street closure, noting that all were supportive of the atmosphere produced by the closure but highlighted that the loss of disabled parking spaces meant a longer walk for those with disability issues and affected deliveries. She felt that the installation of a bollard in January with no discussion, was an impediment, and that single lane access could allow trade deliveries. She felt that traffic issues could be dealt with by bollards or planters and a drop off zone, with more disability car parks. Ms McNabb answered questions regarding her presentation.

Attachments

1    A2212279 Kaye McNabb PowerPoint presentation

Councillor Noonan requested that the title of the draft recommendation from the Community Services Committee (5.5.1 – Stoke Library Remediation), which was  no longer required, be added to the minutes.

Resolved CL/2019/095

That the Council

1.     Confirms the amended minutes of the extraordinary meeting of the Council, held on 29 April 2019, as a true and correct record.

Courtney/Her Worship the Mayor                                                     Carried

Resolved CL/2019/096

That the Council

1.     Confirms the minutes of the meeting of the Council, held on 2 May 2019, as a true and correct record.

Barker/Her Worship the Mayor                                                         Carried

Resolved

That the Council

1.     Agrees that a separate audit of the Civil Defence and Emergency Management Annual Report is not necessary and will not be required from the 30 June 2019 financial year onwards, subject to approval by Nelson City Council, Tasman District Council and Audit New Zealand; and

2.     Agrees that the operation of the Civil Defence and Emergency Management Group should be included in the audit of the Administering Council and that any additional cost incurred as a result should be recovered from the Civil Defence and Emergency Management Group.

Her Worship the Mayor/Fulton

Resolved CL/2019/097

That the Council

1.        Approves the Nelson Tasman Regional Landfill Business Unit 2019-2020 Business Plan (A2170038).

Walker/Lawrey                                                                                    Carried

Resolved CL/2019/098

That the Council

1.      Approves the proposed fees and charges as per Attachment (A2167740) of Report R9920, effective 1 July 2019.

Walker/Lawrey                                                                                    Carried

Resolved CL/2019/099

That the Council

1.     Considers the matter of the renewal of parking meters.

Walker/Lawrey                                                                                    Carried

Resolved CL/2019/100

That the Council

1.        Approves Nelson City Council as lead or support agency to the specific targets identified in Report R9513 (highlighted in green in Attachment 2 A2178524); and

2.        Approves that Nelson City Council supports, in principle, specific targets identified in Report R9513, subject to future funding decisions (highlighted in yellow in Attachment 2 A2178524); and

3.      Adopts the Waimea Inlet Action Plan 2018-2021 (A2099296).

McGurk/Dahlberg                                                                                Carried

Councillor Barker requested that his concerns regarding the lack of governance involvement in the development of the LDM and that Council’s policy for developing pedestrian footpaths was not included, be recorded in the minutes.

Manager Transport and Solid Waste, Marg Parfitt, clarified that when Council  built or reinstated a footpath it would be in accordance with policy and that Council would do everything it could to achieve a high level of service, and would depart from the LDM when it needed to. In response to a request that Council further consider mountable kerbs as an answer, Ms Parfitt said that level of service was Council’s priority and that may be an option.

Team Leader City Development, Lisa Gibellini, reiterated that the LDM was not the only set of standards, and not ‘one size fits all’. She noted that the LDM provided for anyone to take an alternative design and seek the approval of the Group Manager Infrastructure.

Discussion took place regarding changing the term ‘mandatory’ to ‘minimum’ standards and whether this could be changed under the delegation for ‘minor technical wording amendments’ and it was agreed that this would be explored.

It was noted that action on the issue of addressing climate change had only recently come to light and that this was a ‘point in time’ document. Addressing climate change would require a series of components and systems moving forward for stormwater management across New Zealand, with design profiles and criteria.

The importance of a consistent region-wide approach with Tasman District Council was noted. With the agreement of the mover and seconder, Clause 3. of the motion was changed from ‘Chairperson of the Planning and Regulatory Committee’, to ‘Councillor McGurk’.

Resolved CL/2019/101

That the Council

1.    Adopts the Nelson Tasman Land Development Manual 2019 (A2184905) under the Local Government Act 2002, noting that it will take effect on 1 July 2019; and

2.    Adopts the practice notes on Coastal and Freshwater Inundation (A2184904), Bioretention (A2184908) and Wetlands (A2184906) as guidance documents; and

3.    Delegates Councillor McGurk and the Group Manager Environmental Management authority to approve minor technical wording amendments, or correction of errors to the Nelson Tasman Land Development Manual 2019 and proposed Plan Change documents to improve readability and/or consistency prior to 1 July 2019.

McGurk/Lawrey                                                                                   Carried

In response to a suggestion that fees and charges should be increased by actual costs, rather than by the Consumer Price Index (CPI), Her Worship the Mayor requested that officers investigate whether the Local Government Cost Index (LGCI) could be used in future.

Resolved CL/2019/102

That the Council

1.     Approves the fees and charges as proposed in Attachment 1 (A2145308) of Report R10231 to be effective from 1 July 2019.

McGurk/Her Worship the Mayor                                                           Carried

Resolved CL/2019/103

That the Council

1.     Notes the review of the Navigation Safety Bylaw 2012 (No. 218); and

2.     Determines amendments to the Navigation Safety Bylaw 2012 (No. 218) are the most appropriate way of addressing the navigation safety problems identified by the review; and

3.     Determines the proposed amendments to the Navigation Safety Bylaw 2012 (No. 218) are the most appropriate form of bylaw and do not give rise to any implications under the New Zealand Bill of Rights Act 1990; and

4.     Determines a summary of the Statement of Proposal Proposed Changes to the Navigation Safety Bylaw 2012 (No. 218) is not required; and

5.     Adopts the Statement of Proposal Proposed Changes to the Navigation Safety Bylaw 2012 (No.218) (A2178235); and

6.     Approves the commencement of the Special Consultative Procedure (A2178235), with the consultation period to run from 21 June to 24 July 2019; and

7.     Approves the consultation approach (set out in paragraphs 5.9 and 5.10 of Report R10026) and agrees:

(a)   the approach includes sufficient steps to ensure the Statement of Proposal will be reasonably accessible to the public and will be publicised in a manner appropriate to its purpose and significance; and

(b)  the approach will result in the Statement of Proposal being as widely publicised as is reasonably practicable as a basis for consultation.

McGurk/Her Worship the Mayor                                                           Carried

Resolved CL/2019/104

That the Council

1.     Approves the Nelson Festivals Trust draft Statement of Intent 2019/20, with minor amendments, as the final Statement of Intent for 2019/20.

Noonan/Courtney                                                                                Carried

Resolved CL/2019/105

That the Council

1.     Approves the proposed fees and charges as per attachment (A2157289) of Report (R10060) effective from 1 July 2019.

Noonan/Courtney                                                                                Carried

Resolved CL/2019/106

That the Council

1.     Approves the Uniquely Nelson Memorandum of Understanding 2019/2020 (A2181631).

Barker/Dahlberg                                                                                  Carried

The importance of governance oversight of the strategy and the need to increase trust and confidence in Council was noted.

Discussion took place regarding how the strategy would achieve this and it was noted that the detail on how Council would deliver that would be in an action plan sitting below the strategy. The action plan would need to address some of the shortcomings and look at changing internal processes, giving media questions a high priority, telling Council’s story at the same time, and focusing on reducing chances of mistakes.

The importance of seeking political input before issuing media statements and the need to be aware of the Delegations Manual and the Code of Conduct was stressed. It was confirmed that the Communications and Engagement Strategy would be available on Council’s website.

Resolved CL/2019/107

That the Council

1.     Adopts the Communications and Engagement Strategy, with amendments (A2196740).

Barker/Dahlberg                                                                                  Carried

That the Council

1.     Receives the report Sports and Recreation Committee  - Fees and Charges: Supplementary Information (R10294) and its attachments (A2157708, A2203637 and A2210534); and

2.     Notes that further information has been received regarding the impact of not increasing fees for the Brook Camp; and

3.     Approves the proposed fees and charges as per Attachment 1 (A2157708) of Report 10236, effective from 1 July 2019, with amendments as follows:

a.       That the Brook Valley Holiday Park fees and charges increase by 20%; and

b.       That the fees and charges for Saxton Field Stadium have no increase for the 2019/20 year.

Skinner/Acland

The low level of fees for the Brook Camp and the option of increasing Brook Camp fees excluding permanent residents was discussed.

Clarification was requested regarding whether Council had a sinking lid policy by not allowing any further permanent residents into the Brook Camp.

The meeting was adjourned at 11.31.a.m. and reconvened at 11.40.a.m. Councillor Matheson was not present.

It was agreed that the issue of a sinking lid policy be covered at the workshop and a future committee meeting.

Attendance: Councillor Matheson returned to the meeting at 11.43a.m.

Further discussion took place regarding subsidies, recovery rates, community housing, length of stay restrictions, loss in revenue and the recovery and finance policy.

It was noted that the 2 July workshop would cover the need for a management and development plans and legal challenges.

Concerns were raised regarding a rise of 20% in fees for vulnerable members of the community and an amendment to raise the fees for permanent residents by the rate of CPI was moved by Councillor Courtney, seconded by Her Worship the Mayor.

That the Council

1.     Receives the report Sports and Recreation Committee  - Fees and Charges: Supplementary Information (R10294) and its attachments (A2157708, A2203637 and A2210534); and

2.     Notes that further information has been received regarding the impact of not increasing fees for the Brook Camp; and

3.     Approves the proposed fees and charges as per Attachment 1 (A2157708) of Report 10236, effective from 1 July 2019, with amendments as follows:

a.       That the Brook Valley Holiday Park fees and charges increase by 20%; and

b.       That the Brook Valley Holiday Park fees and charges for permanent residents increase by the Consumer Price Index; and

c.       That the fees and charges for Saxton Field Stadium have no increase for the 2019/20 year.

Courtney/Mayor

The substantive motion was put.

Resolved CL/2019/108

That the Council

1.     Receives the report Sports and Recreation Committee  - Fees and Charges: Supplementary Information (R10294) and its attachments (A2157708, A2203637 and A2210534); and

2.     Notes that further information has been received regarding the impact of not increasing fees for the Brook Camp; and

3.     Approves the proposed fees and charges as per Attachment 1 (A2157708) of Report 10236, effective from 1 July 2019, with amendments as follows:

a.       That the Brook Valley Holiday Park fees and charges increase by 20%; and

b.      That the fees and charges for Saxton Field Stadium have no increase for the 2019/20 year.

Skinner/Acland                                                                                         Carried

Resolved CL/2019/109

That the Council

1.     Receives the report Mayor's Report (R10249) and its attachments (A2197280 and A2197215); and

2.     Supports the proposed remits to Local Government New Zealand as discussed.

Matheson/Walker                                                                             Carried

Group Manager Infrastructure, Alec Louverdis, answered questions regarding the Modellers Pond and it was noted that a report would be provided in August.

Resolved CL/2019/110

That the Council

1.     Receives the report Council Status Report - 20 June 2019 (R10286) and its attachment (A1168168).

Her Worship the Mayor/Courtney                                                     Carried

Acting Group Manager Environmental Management, Matt Heale, tabled an updated, tracked changes Nelson Plan Vision document, noting that amendments largely updated the strategy regarding climate change and in line with Nelson as the ‘Smart Little City’.

Attendance: Councillor Skinner returned to the meeting at 1.21p.m.

Attendance: Councillor Acland returned to the meeting at 1.22p.m.

An error was pointed out in paragraph 2 – The Vision for Nelson is:… committed to our their natural…

Attendance: Councillor Noonan left the meeting at 1.25p.m.

Resolved CL/2019/111

That the Council

1.  Approves the tabled updated Nelson Plan Vision (A2182016) as the working draft for the Nelson Plan.

Her Worship the Mayor/McGurk                                                           Carried

Attachments

1    A2182016 Updated tabled Nelson Plan Vision

Acting Group Manager Environmental Management, Matt Heale, tabled the updated Kotahitanga mō te Taiao Strategy and clarified that the updated strategy included Ngāti Kuri who were still in negotiations with the Department of Conservation when the strategy was presented to the committee and were now included, together with the addition of a paragraph ‘Rangatiratanga’, which acknowledged them.

Attendance: Councillor Noonan returned to the meeting at 1.27p.m.

Attendance: Councillor Rutledge entered the meeting at 1.28p.m.

During discussion, it was noted that the strategy was a of key piece of work to align alliance members and that it was also useful to provide to philanthropists investing in conservation across the top of the South Island.

Resolved CL/2019/112

That the Council

1.     Receives the report Kotahitanga mō te Taiao Strategy (R10260) and its attachment (A2203854); and

2.     Adopts the Kotahitanga mō te Taiao Strategy (A2203854).

Her Worship the Mayor/Acland                                                         Carried

Attachments

1    A2203854 - Updated Kotahitanga mō te Taio Strategy

Team Leader City Development, Lisa Gibellini, summarised corrections to the agenda report:

·        p199 - paragraph 7.3 - the postal address should be Civic House, not Community Housing

·        P185  - paragraph 5.37 - since the report was written, there was now a provisional sum of $250,000, as a result of Annual Plan deliberations

·        P180 – Disadvantages, there was now a provisional budget, rather than no budget.

Ms Gibellini answered questions regarding the Statement of Proposal, and clarified that issues of design and consideration of matters raised in submissions would follow consultation and that emergency services would be made aware of the consultation.

The Chief Executive noted that legal advice would be sought regarding the addition of a question asking what people would want to see in the mall and the level of risk regarding public perception of pre-determination of the decision. He said that if the advice was that the risk was low, that was the only thing that would be added to the proposal under ‘minor amendments’.

Clause 3. of the recommendation was changed to ‘with minor amendments approved by Her Worship the Mayor and the Chief Executive’.

Resolved CL/2019/113

That the Council

1.     Receives the report Statement of Proposal for Declaration of a Pedestrian Mall - Upper Trafalgar Street (R10139) and its attachment(A2176520); and

2.     Agrees that the Statement of Proposal for a Declaration of a Pedestrian Mall – Upper Trafalgar Street meets the requirements of the Local Government Act 2002; and

3.     Adopts the Statement of Proposal for the Pedestrian Mall Declaration - Trafalgar Street – Nelson City(A2176520), with minor amendments approved by Her Worship the Mayor and the Chief Executive; and

4.     Agrees that a Summary of the Statement of Proposal for Declaration of a Pedestrian mall – Upper Trafalgar Street is not required, and

5.     Approves the consultation approach (set out in section 6 of this report R10139) and agrees:

(a)     the approach includes sufficient steps to ensure the Statement of Proposal will be reasonably accessible to the public and will be publicised in a manner appropriate to its purpose and significance; and

(b)     the approach will result in the Statement of Proposal being as widely publicised as is reasonably practicable as a basis for consultation.

Her Worship the Mayor/Lawrey                                                        Carried

Resolved CL/2019/114

        That the Council

1.     Receives the report Order of candidates' names on 2019 Local Elections voting documents (R9995); and

2.     Approves, in accordance with Regulation 31(2) of the Local Electoral Regulations 2001, the candidates’ names on voting documents for the 2019 triennial local election be in computerised random order.

Her Worship the Mayor/Lawrey                                                        Carried

Resolved CL/2019/115

That the Council

1.     Receives the report Nelson Tasman Future Development Strategy - Authority for Joint Council Committee (R10164); and

2.     Delegates all decision-making powers in relation to adopting the Nelson Tasman Future Development Strategy to the Joint Committee; and

3.     Updates the Nelson City Council Delegations Register to reflect the above changes.

Her Worship the Mayor/McGurk                                                              Carried

1

Council Meeting - Public Excluded Minutes -  2 May 2019

Section 48(1)(a)

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

The withholding of the information is necessary:

·    Section 7(2)(a)

     To protect the privacy of natural persons, including that of a deceased person

·    Section 7(2)(b)(ii)

     To protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information

·    Section 7(2)(g)

     To maintain legal professional privilege

·    Section 7(2)(h)

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

·    Section 7(2)(i)

2

Recommendations from Committees

Community Services Committee

Community Investment Funding Panel Appointments

Pet Cremations Activity Review

Founders Park – property purchase

Governance Committee

Nelson Centre of Musical Arts

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)

3

Council Public Excluded Status Report 20 June 2019

Section 48(1)(a)

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

The withholding of the information is necessary:

·    Section 7(2)(a)

     To protect the privacy of natural persons, including that of a deceased person

·    Section 7(2)(g)

     To maintain legal professional privilege

·    Section 7(2)(h)

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

·    Section 7(2)(i)

     To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

4

Confirmation of appointment of iwi representatives to Nelson Regional Sewerage Business Unit and Nelson Tasman Regional Landfill Business Unit

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

Update on Provincial Growth Fund applications

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)(b)(ii)

     To protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information

7

Bay Dreams Update and Next Steps

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)(i)

     To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

2

PUBLIC EXCLUDED: Confirmation of appointment of iwi representatives to Nelson Regional Sewerage Business Unit and Nelson Tasman Regional Landfill Business Unit

4.     Agrees that Report (R10218) and the decision (CL/2019/118) be made public once the representatives have been advised of the Councils’ decision.

3

PUBLIC EXCLUDED: Update on Provincial Growth Fund applications

That the Council

1.     Receives the report Update on Provincial Growth Fund applications (R10241) and its attachment (A2198314); and

2.     Agrees that Report (R10241) and attachment (A2198314) be excluded from public release at this time.

4

PUBLIC EXCLUDED: Bay Dreams Update and Next Steps

That the Council

1.     Receives the report Bay Dreams Update and Next Steps (R10252) and its attachment (A2203904), (A2203993), (A2203994); and

2.     Approves the Chief Executive entering into negotiations and, if successful, executing a contract with Bay Dreams South Ltd for a five-year agreement to host Bay Dreams South in Nelson, subject to annual reviews and all consents and permits being obtained; and

3.     Directs the Chief Executive to seek feedback from the Saxton Field Committee on proposed camping at Saxton Field; and

4.     Notes that approval for up to 1,500 people to camp at Rutherford Park from 3 – 5 January 2020 as part of the Bay Dreams event will be sought from the Chief Executive and considered in accordance with the Rutherford and Trafalgar Park Reserves Management Plan, and Council’s internal process requirements; and

5.     Notes that approval for exclusive use of Trafalgar Park and designated areas of Saxton Field will be sought from the Chief Executive and considered in accordance with section 53 of the Reserves Act, taking into account any feedback from the Saxton Field Committee for Saxton Field; and

6.     Notes that a future report will be brought back to Council to enable consideration of granting consent to the temporary use of Saxton Field as a camping ground under s44(1) of the Reserves Act 1977 and any other decisions required to be made by Council to enable the event to proceed; and

7.     Agrees that decision (CL/2019/126) be released from Public Excluded upon adoption; and

8.     Agrees that Report R10252 and attachments (A2203904, A2203993 and A2203994) be excluded from public release at this time.

6

PUBLIC EXCLUDED: Community Investment Funding Panel Appointments

6.     Agrees that Report (R10075), Attachments A1854528 and A2093465 only and the decision (CL/2019/119) be released from public excluded business once candidates have been advised of the outcome.

7

PUBLIC EXCLUDED: Pet Cremations Activity Review

That the Council

1.       Approves the cessation of pet cremations by Council at the Wakapuaka Crematorium; and

2.       Agrees that Report (R10140), excluding any  legal advice within it, the attachment (A2177474) and the decision (CL/2019/121) be released from public excluded business.

8

PUBLIC EXCLUDED: Founders Park - property purchase

That the Council

1.     Defers the item Founders Park – property purchase to be considered at the Council meeting to be held on 27 June 2019.

9

PUBLIC EXCLUDED: Nelson Centre of Musical Arts - Appointment of Trustees

That the Council

1.  Approves undertaking a recruitment process to appoint two trustees to the Nelson Centre of Musical Arts; and

2.  Agrees that the decision (CL/2019/120) only be released from public excluded business.