That the Council

1.     Confirms the minutes of the meeting of the Council, held on 20 June 2019, as a true and correct record.

That the Council

1.     Confirms the minutes of the meeting of the Council, held on 27 June 2019, as a true and correct record.

That the Council

1.       Approves the proposed five focus areas of the Founders Heritage Park plan as enhancing the visitor experience, building Iwi partnerships, heritage protection and sector integration, venue development and financial sustainability; and

2.       Approves the updated 10-year vision statement (A2183151) for Founders Heritage Park.

Recommendation to Council

That the Council

1.       Approves the Draft Annual Internal Audit Plan - 30 June 2020 (A2202709).

Recommendation to Council

That the Council

1.     Approves that the Nelson Regional Land Transport Programme 2015-21 is varied to include a total of $1.26M for Nelson State Highway Speed Management Guide Implementation over 2018-2021 with a 100% Funding Assistance Rate  

Recommendation to Council

That the Council

1.     Grants the easement in gross, meaning granting the easement to Nelson City Council rather than to property, in favour of Nelson City Council over the area shown in red on the plan (A2194740) of Cawthron Reserve (NL2C/108) for wastewater purposes. 

Recommendation to Council

That the Council

1.     Agrees that the Nelson Regional Development Agency Statement of Intent 2019/20 meets Council’s expectations and is approved as the final Statement of Intent for 2019/20.

That the Council

1.     Receives the report Council Status Report (R10381) and its attachment (A1168168).

That the Council

1.     Receives the report Mayor's Report (R10371) and its attachments  (A2209899 and A1546381); and

2.     Approves the payment of a Childcare allowance as per the Local Government Members (2019/20) Determination (A2209899) at an hourly rate of up to the Living Wage; and

3.     Adopts the amended Nelson City Council Elected Members Reimbursement and Expenses Policy 2016 (A1546381)

That the Council

1.     Receives the report Certified Emissions Measurement and Reduction Scheme (CEMARS) Emissions Inventory Report and Action Plan to Reduce Council Greenhouse Gas Emissions (R10337) and its attachments (A2222281, A2223596 and A2220460); and

2.     Approves the Certified Emissions Measurement and Reduction Scheme Action Plan.

That the Council

1.    Receives the report Parking Meter Renewal (R9935) and its attachments (A2149051, A2148865, A2228122); and   

2.    Approves that the existing parking meters be renewed using Pay-by-Plate technology and that tenders be called for on this basis; and

3.    Determines that amendment of the Parking and Vehicle Control Bylaw 2011 (No.207) is the most appropriate way of ensuring that it will support pay-by-plate technology and that the proposed amendments would be the most appropriate form of bylaw and would not give rise to any implications under the New Zealand Bill of Rights Act 1990; and   

4.    Determines the most appropriate form of consultation for the proposed amendment to the Parking and Vehicle Control Bylaw 2011 (No.207) that will support pay-by-plate technology, is under s82 of the Local Government Act 2002 and as set out in this report R9935; and     

5.    Notes that, following completion of the consultation process, a report will be brought back to Council to decide on changes to the Bylaw

That the Council

1.    Receives the report Tahunanui Modellers Pond Trial - Way Forward (R10038) and its attachments (A2223677, A2223678,  A2223679 and A2230776); and

2.    Notes that officers do not support continuing with using Diatomix; and

3.    Approves progressing Options 3 and 4 of Report R10038 and any alternative option iwi consider appropriate to preliminary design at an additional unbudgeted cost of $160,000; and

4.    Requests Council officers bring a report back to the Sports and Recreation Committee detailing the findings from preliminary design for Options 2, 3 and 4 of Report 10038 and any alternative option iwi consider appropriate before proceeding to public consultation.

That the Council

1.     Receives the report Approval for Use of Saxton Field for Bay Dreams South 2020 (R10360) and its attachments (A2203993 and A2203994); and

2.     Notes that consultation with the Saxton Field Committee has taken place, and the Committee has expressed its support for camping to return to Saxton Field; and

3.     Consents to the temporary use of Saxton Field Reserve as a camping ground for up to 3,500 campers, associated with the Bay Dreams music event from 3 - 5 January 2020 under section 44(1) of the Reserves Act 1977; and

4.     Notes that the Chief Executive will grant exclusive use of Alliance Green and the football pitches of Saxton Field for the Bay Dreams South festival 2020 in accordance with section 53 of the Reserves Act 1977; and

5.     Agrees to impose a temporary ban on the consumption and possession of alcohol at Saxton Field between 07:00am on 3 January 2019 to 09:00pm on 5 January 2020 pursuant to clause 6.15 of the Urban Environments Bylaw 2015.

That the Council

1.     Receives the report Naming Policy Review Options (R10142) and its attachments (A306318 and A2227857); and

2.     Agrees that officers draft a new Naming Policy for Council approval.

That the Council

1.     Receives the report Brook Reserve - change of specific local purpose and declaring stopped road to be reserve (R10247) and its attachments (A1903135, A2230208 and A2237459); and

2.      Declares the stopped road land as marked purple on Attachment 1 (A1903135) of report (R10247) to  vest as Local Purpose (Outdoor Leisure, Camping, Conservation and Education) Reserve under section 14 of the Reserves Act 1977, to be amalgamated into the adjoining reserve; and

3.      Approves the change in specified purpose of the Local Purpose (Recreation) Reserve as marked green on Attachment 1 (A1903135) of report (R10247) to Local Purpose (Outdoor Leisure, Camping, Conservation and Education) Reserve under section 24A of the Reserves Act 1977; and

4.      Delegates the authority to the Chief Executive to take the steps necessary to prepare and place notices in the Gazette in order to vest the stopped road land as reserve and change the specific local purpose of the Local Purpose Reserve; and

5.      Delegates the authority to the Chief Executive to take the steps necessary to complete the road stopping process under Schedule 10 of the Local Government Act 1974 and amalgamate the reserve.

1

Council Meeting - Public Excluded Minutes -  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)(i)

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

·        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

2

Council Meeting - Public Excluded Minutes -  27 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)(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

Recommendations from Committees

Audit, Risk and Finance Committee 25 June 2019

Bad Debt Write Off for Year Ending 30 June 2019

Works and Infrastructure Committee 27 June 2019

Part of Princes Drive – proposed road stopping

Sports and Recreation Committee 2 July 2019

Land purchase – Grampians extension, Brook Valley

Governance Committee 25 July 2019

Nelmac Director Appointment

Nelson Regional Development Agency Director 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

·        Section 7(2)(i)

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

4

Council Status Report - Public Excluded

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)

5

Mayor's Report

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

6

Community Housing: Negotiating Brief and Proposed Divestment Process

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)

7

Legal Advice on Brook Reserve Management Plan

Legal advice

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)(g)

     To maintain legal professional privilege

8

Event funding - Adam Chamber Music Festival

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)

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.

Resolved CL/2019/132

That the Council

1.     Confirms the minutes of the meeting of Council, held on 4 June 2019, as a true and accurate record.

Her Worship the Mayor/Walker                                                         Carried

Resolved CL/2019/133

That the Council

1.     Receives the report Adoption of the Annual Plan 2019/20, amendment to the Long Term Plan 2018-28 and setting of the rates for 2019/20   (R10278) and its attachments (A2213052, A2212773 and A2121185)

Her Worship the Mayor/Fulton                                                          Carried

Recommendation

That the Council

2.     Adopts the Annual Plan 2019/20 (A2213052) pursuant to Section 95 of the Local Government Act 2002; and

3.     Delegates the Mayor and Chief Executive to make any necessary minor editorial amendments prior to the release of the Annual Plan 2019/20 to the public; and

4.     Sets the following rates under the Local Government (Rating) Act 2002, on rating units in the district for the financial year commencing on 1 July 2019 and ending on 30 June 2020.

The revenue approved below will be raised by the rates and charges that follow.

Revenue approved:

General Rate                                                         $40,737,232

Uniform Annual General Charge                              $9,043,450

Stormwater and Flood Protection Charge                $6,096,208

Waste Water Charge                                               $8,719,184

Water Annual Charge                                              $3,705,207

Water Volumetric Charge                                        $8,645,483

Clean Heat Warm Homes and Solar Saver                 $402,996

Rates and Charges (excluding GST)                      $77,349,760

Goods and Services Tax
(at the current rate)                                             $11,602,464

Total Rates and Charges                                       $88,952,224

The rates and charges below are GST inclusive.

(1) General Rate

A general rate set under section 13 of the Local Government (Rating) Act 2002, assessed on a differential land value basis as described below:

•     a rate of 0.51346 cents in the dollar of land value on every rating unit in the “residential – single unit” category.

•     a rate of 0.51346 cents in the dollar of land value on every rating unit in the “residential empty section” category.

•     a rate of 0.56481 cents in the dollar of land value on every rating unit in the “single residential unit forming part of a parent valuation, the remainder of which is non-rateable” category. This represents a plus 10% differential on land value.

•     a rate of 0.56481 cents in the dollar of land value on every rating unit in the “multi residential” category. This represents a plus 10% differential on land value.

•     a rate of 1.42382 cents in the dollar of land value on every rating unit in the “commercial – excluding inner city and Stoke commercial” subject to 100% commercial and industrial (occupied and empty) category. This represents a plus 177.3% differential on land value.

•     a rate of 1.19636 cents in the dollar of land value on every rating unit in the “commercial – excluding inner city and Stoke commercial” subject to 25% residential and 75% commercial” category. This represents a plus 133% differential on land value.

•     a rate of 0.96890 cents in the dollar of land value on every rating unit in the “commercial – excluding inner city and Stoke commercial” subject to 50% residential and 50% commercial” category. This represents a plus 88.7% differential on land value.

•     a rate of 0.74092 cents in the dollar of land value on every rating unit in the “commercial – excluding inner city and Stoke commercial” subject to 75% residential and 25% commercial” category. This represents a plus 44.3% differential on land value.

·     a rate of 1.87208 cents in the dollar of land value on every rating unit in the “commercial inner city” subject to 100% commercial and industrial (occupied and empty) category. This represents a plus 264.6% differential on land value.

·     a rate of 1.53268 cents in the dollar of land value on every rating unit in the “commercial inner city subject to 25% residential and 75% commercial” category. This represents a plus 198.5% differential on land value.

·     a rate of 1.19277 cents in the dollar of land value on every rating unit in the “commercial inner city subject to 50% residential and 50% commercial” category. This represents a plus 132.3% differential on land value.

·     a rate of 0.85337 cents in the dollar of land value on every rating unit in the “commercial inner city subject to 75% residential and 25% commercial” category. This represents a plus 66.2% differential on land value.

·     a rate of 1.81765 cents in the dollar of land value on every rating unit in the “Stoke commercial subject to 100% commercial and industrial (occupied and empty)” category. This represents a plus 254% differential on land value.

·     a rate of 1.49160 cents in the dollar of land value on every rating unit in the “Stoke commercial subject to 25% residential and 75% commercial” category. This represents a plus 190.5% differential on land value.

·     a rate of 1.16555 cents in the dollar of land value on every rating unit in the “Stoke commercial subject to 50% residential and 50% commercial” category. This represents a plus 127% differential on land value.

·     a rate of 0.83951 cents in the dollar of land value on every rating unit in the “Stoke commercial subject to 75% residential and 25% commercial” category. This represents a plus 63.5% differential on land value.

·     a rate of 0.33375 cents in the dollar of land value on every rating unit in the “rural” category. This represents a minus 35% differential on land value.

·     a rate of 0.46211 cents in the dollar of land value on every rating unit in the “small holding” category. This represents a minus 10% differential on land value.

(2) Uniform Annual General Charge

A uniform annual general charge under section 15 of the Local Government (Rating) Act 2002 of $435.22 per separately used or inhabited part of a rating unit.

(3) Stormwater and Flood Protection Charge

A targeted rate under section 16 of the Local Government (Rating) Act 2002 of $330.47 per rating unit, this rate is payable by all ratepayers excluding rural rating units, rating units east of the Gentle Annie saddle, Saxton’s Island and Council’s stormwater network.

(4) Waste Water Charge

A targeted rate for waste water disposal under section 16 of the Local Government (Rating) Act 2002 of:

·     $477.93 per separately used or inhabited part of a residential, multi residential, rural and small holding rating units that is connected either directly or through a private drain to a public waste water drain.

·     For commercial rating units, a waste water charge of $119.48 per separately used or inhabited part of a rating unit that is connected either directly or through a private drain to a public waste water drain. Note:  a “trade” waste charge will also be levied.

(5) Water Annual Charge

A targeted rate for water supply under Section 16 of the Local Government (Rating) Act 2002, of:

Water charge (per connection)                                      $200.40

(6) Water Volumetric Rate

A targeted rate for water provided under Section 19 of the Local Government (Rating) Act 2002, of:

Price of water:

Usage up to 10,000 cu.m/year                $2.137 per m³

Usage from 10,001 – 100,000
cu.m/year                                               $1.883 per m³

Usage over 100,000 cu.m/year               $1.486 per m³

Summer irrigation usage over
10,000 cu.m/year                                   $2.010 per m³

(7) Clean Heat Warm Homes

A targeted rate per separately used or inhabited part of a rating unit that has been provided with home insulation and/or a heater to replace a non-complying solid fuel burner under Section 16 of the Local Government (Rating) Act 2002 in accordance with agreement of the original ratepayer, of:

·     For properties levied the Clean Heat Warm Homes as a result of agreements entered into after 1 July 2011, the targeted rate for each year for 10 years will be the total cost of the installed works excluding GST, divided by 10, plus GST.

·     For properties levied the Clean Heat Warm Homes as a result of agreements entered into prior to 1 July 2011 the targeted rate of:

(8) Solar Hot Water Systems

A targeted rate for any separately used or inhabited parts of a rating unit that has been provided with financial assistance to install a solar hot water system under Section 16 of the Local Government (Rating) Act 2002 in accordance with agreement of the original ratepayer, of the following factors on the extent of provision of service (net cost of the work including GST after deducting EECA grant, plus funding cost):

·     0.14964 (including GST) for agreements entered into prior to 1 July 2011, multiplied by the Net Cost of the Work adjusted for any increased GST.

·     0.13847 (including GST) for agreements entered into after 1 July 2011 multiplied by the Net Cost of the Work.

Other Rating Information:

Due Dates for Payment of Rates

The above rates (excluding water volumetric rates) are payable at the Nelson City Council office, 110 Trafalgar Street, Nelson and shall be payable in four instalments on the following dates:

Rates instalments not paid on or by the Last Date for payment above will incur penalties as detailed in the section “Penalty on Rates”.

Due Dates for Payment of Water Volumetric Rates

Residential water volumetric rates are payable at the Nelson City Council office, 110 Trafalgar Street, Nelson and shall be payable on the following dates:

Special (final) water volumetric rates will be payable 14 days from the invoice date of the special (final) water reading as shown on the water invoice.

Commercial water volumetric rates are payable at the Nelson City Council office, 110 Trafalgar Street, Nelson and shall be payable on the following dates:

Penalty on Rates

Pursuant to Sections 57 and 58 of the Local Government (Rating) Act 2002, the council authorises the following penalties on unpaid rates (excluding volumetric water rate accounts) and delegates authority to the Group Manager Corporate Services to apply them:

·     a charge of 10% of the amount of each rate instalment remaining unpaid on the penalty date as shown in the above table and also shown on each rate instalment notice.

·     a charge of 10% will be added on 5 July 2019 to any balance from a previous rating year (including penalties previously charged) remaining outstanding on 4 July 2019.

·     a further additional charge of 10% will be added on 8 January 2020 to any balance from a previous rating year (including penalties previously charged) remaining outstanding on 7 January 2020.

Penalty on Water Volumetric Rates

Pursuant to Sections 57 and 58 of the Local Government (Rating) Act 2002, the council authorises the following penalties on unpaid volumetric water rates and delegates authority to the Group Manager Corporate Services to apply them:

•      a charge of 10% of the amount of each volumetric water rate account remaining unpaid on the penalty date as shown in the above table and also shown on each volumetric water rate account.

Penalty Remission

In accordance with Council’s rate remission policy, the Council will approve the remission of the penalty added on instalment one due to late payment provided the total annual rates are paid in full by 20 November 2019. If full payment of the annual rates is not paid by 20 November 2019 the penalties relating to the first instalment outlined above will apply.

The above penalties will not be charged where Council has agreed to a programme for payment of outstanding rates.

The Group Manager Corporate Services is given discretion to remit rates penalties either in whole or part in accordance with Council’s approved rates remission policy, as may be amended from time to time.

Discount on Rates

Pursuant to Section 55 of the Local Government (Rating) Act 2002, the Council will allow a discount of 2.0 percent of the total rates (excluding volumetric water rates) where a ratepayer pays the year’s rates in full on or before the Last Date for Payment for instalment one being 20 August 2019.

Payment of Rates

The rates shall be payable at the Council offices, Civic House, 110 Trafalgar Street, Nelson between the hours of 8.30am to 5.00pm Monday, Tuesday, Wednesday and Friday and 9.00am to 5.00pm Thursday.

Where any payment is made by a ratepayer that is less than the amount now payable, the Council will apply the payment firstly to any rates outstanding from previous rating years and then proportionately across all current year rates due; and

5.     Adopts the amendments to the Long Term Plan 2018-28 (A2212773) pursuant to Section 93 of the Local Government Act 2002; and

6.     Delegates the Mayor and Chief Executive to make any necessary minor editorial amendments prior to the release of the amended Long Term Plan 2018-28 to the public.

Her Worship the Mayor/McGurk

Recommendation

That the Council

2.     Adopts the Annual Plan 2019/20 (A2213052) pursuant to Section 95 of the Local Government Act 2002; and

3.     Delegates the Mayor and Chief Executive to make any necessary minor editorial amendments prior to the release of the Annual Plan 2019/20 to the public; and

4.     Sets the following rates under the Local Government (Rating) Act 2002, on rating units in the district for the financial year commencing on 1 July 2019 and ending on 30 June 2020.

The revenue approved below will be raised by the rates and charges that follow.

Revenue approved:

General Rate                                                         $40,737,232

Uniform Annual General Charge                              $9,043,450

Stormwater and Flood Protection Charge                $6,096,208

Waste Water Charge                                               $8,719,184

Water Annual Charge                                              $3,705,207

Water Volumetric Charge                                        $8,645,483

Clean Heat Warm Homes and Solar Saver                 $402,996

Rates and Charges (excluding GST)                      $77,349,760

Goods and Services Tax
(at the current rate)                                             $11,602,464

Total Rates and Charges                                       $88,952,224

The rates and charges below are GST inclusive.

(1) General Rate

A general rate set under section 13 of the Local Government (Rating) Act 2002, assessed on a differential land value basis as described below:

•     a rate of 0.51346 cents in the dollar of land value on every rating unit in the “residential – single unit” category.

•     a rate of 0.51346 cents in the dollar of land value on every rating unit in the “residential empty section” category.

•     a rate of 0.56481 cents in the dollar of land value on every rating unit in the “single residential unit forming part of a parent valuation, the remainder of which is non-rateable” category. This represents a plus 10% differential on land value.

•     a rate of 0.56481 cents in the dollar of land value on every rating unit in the “multi residential” category. This represents a plus 10% differential on land value.

•     a rate of 1.42382 cents in the dollar of land value on every rating unit in the “commercial – excluding inner city and Stoke commercial” subject to 100% commercial and industrial (occupied and empty) category. This represents a plus 177.3% differential on land value.

•     a rate of 1.19636 cents in the dollar of land value on every rating unit in the “commercial – excluding inner city and Stoke commercial” subject to 25% residential and 75% commercial” category. This represents a plus 133% differential on land value.

•     a rate of 0.96890 cents in the dollar of land value on every rating unit in the “commercial – excluding inner city and Stoke commercial” subject to 50% residential and 50% commercial” category. This represents a plus 88.7% differential on land value.

•     a rate of 0.74092 cents in the dollar of land value on every rating unit in the “commercial – excluding inner city and Stoke commercial” subject to 75% residential and 25% commercial” category. This represents a plus 44.3% differential on land value.

·     a rate of 1.87208 cents in the dollar of land value on every rating unit in the “commercial inner city” subject to 100% commercial and industrial (occupied and empty) category. This represents a plus 264.6% differential on land value.

·     a rate of 1.53268 cents in the dollar of land value on every rating unit in the “commercial inner city subject to 25% residential and 75% commercial” category. This represents a plus 198.5% differential on land value.

·     a rate of 1.19277 cents in the dollar of land value on every rating unit in the “commercial inner city subject to 50% residential and 50% commercial” category. This represents a plus 132.3% differential on land value.

·     a rate of 0.85337 cents in the dollar of land value on every rating unit in the “commercial inner city subject to 75% residential and 25% commercial” category. This represents a plus 66.2% differential on land value.

·     a rate of 1.81765 cents in the dollar of land value on every rating unit in the “Stoke commercial subject to 100% commercial and industrial (occupied and empty)” category. This represents a plus 254% differential on land value.

·     a rate of 1.49160 cents in the dollar of land value on every rating unit in the “Stoke commercial subject to 25% residential and 75% commercial” category. This represents a plus 190.5% differential on land value.

·     a rate of 1.16555 cents in the dollar of land value on every rating unit in the “Stoke commercial subject to 50% residential and 50% commercial” category. This represents a plus 127% differential on land value.

·     a rate of 0.83951 cents in the dollar of land value on every rating unit in the “Stoke commercial subject to 75% residential and 25% commercial” category. This represents a plus 63.5% differential on land value.

·     a rate of 0.33375 cents in the dollar of land value on every rating unit in the “rural” category. This represents a minus 35% differential on land value.

·     a rate of 0.46211 cents in the dollar of land value on every rating unit in the “small holding” category. This represents a minus 10% differential on land value.

(2) Uniform Annual General Charge

A uniform annual general charge under section 15 of the Local Government (Rating) Act 2002 of $435.22 per separately used or inhabited part of a rating unit.

(3) Stormwater and Flood Protection Charge

A targeted rate under section 16 of the Local Government (Rating) Act 2002 of $330.47 per rating unit, this rate is payable by all ratepayers excluding rural rating units, rating units east of the Gentle Annie saddle, Saxton’s Island and Council’s stormwater network.

(4) Waste Water Charge

A targeted rate for waste water disposal under section 16 of the Local Government (Rating) Act 2002 of:

·     $477.93 per separately used or inhabited part of a residential, multi residential, rural and small holding rating units that is connected either directly or through a private drain to a public waste water drain.

·     For commercial rating units, a waste water charge of $119.48 per separately used or inhabited part of a rating unit that is connected either directly or through a private drain to a public waste water drain. Note:  a “trade” waste charge will also be levied.

(5) Water Annual Charge

A targeted rate for water supply under Section 16 of the Local Government (Rating) Act 2002, of:

Water charge (per connection)                                      $200.40

(6) Water Volumetric Rate

A targeted rate for water provided under Section 19 of the Local Government (Rating) Act 2002, of:

Price of water:

Usage up to 10,000 cu.m/year                $2.137 per m³

Usage from 10,001 – 100,000
cu.m/year                                               $1.883 per m³

Usage over 100,000 cu.m/year               $1.486 per m³

Summer irrigation usage over
10,000 cu.m/year                                   $2.010 per m³

(7) Clean Heat Warm Homes

A targeted rate per separately used or inhabited part of a rating unit that has been provided with home insulation and/or a heater to replace a non-complying solid fuel burner under Section 16 of the Local Government (Rating) Act 2002 in accordance with agreement of the original ratepayer, of:

·     For properties levied the Clean Heat Warm Homes as a result of agreements entered into after 1 July 2011, the targeted rate for each year for 10 years will be the total cost of the installed works excluding GST, divided by 10, plus GST.

·     For properties levied the Clean Heat Warm Homes as a result of agreements entered into prior to 1 July 2011 the targeted rate of:

(8) Solar Hot Water Systems

A targeted rate for any separately used or inhabited parts of a rating unit that has been provided with financial assistance to install a solar hot water system under Section 16 of the Local Government (Rating) Act 2002 in accordance with agreement of the original ratepayer, of the following factors on the extent of provision of service (net cost of the work including GST after deducting EECA grant, plus funding cost):

·     0.14964 (including GST) for agreements entered into prior to 1 July 2011, multiplied by the Net Cost of the Work adjusted for any increased GST.

·     0.13847 (including GST) for agreements entered into after 1 July 2011 multiplied by the Net Cost of the Work.

Other Rating Information:

Due Dates for Payment of Rates

The above rates (excluding water volumetric rates) are payable at the Nelson City Council office, 110 Trafalgar Street, Nelson and shall be payable in four instalments on the following dates:

Rates instalments not paid on or by the Last Date for payment above will incur penalties as detailed in the section “Penalty on Rates”.

Due Dates for Payment of Water Volumetric Rates

Residential water volumetric rates are payable at the Nelson City Council office, 110 Trafalgar Street, Nelson and shall be payable on the following dates:

Special (final) water volumetric rates will be payable 14 days from the invoice date of the special (final) water reading as shown on the water invoice.

Commercial water volumetric rates are payable at the Nelson City Council office, 110 Trafalgar Street, Nelson and shall be payable on the following dates:

Penalty on Rates

Pursuant to Sections 57 and 58 of the Local Government (Rating) Act 2002, the council authorises the following penalties on unpaid rates (excluding volumetric water rate accounts) and delegates authority to the Group Manager Corporate Services to apply them:

·     a charge of 10% of the amount of each rate instalment remaining unpaid on the penalty date as shown in the above table and also shown on each rate instalment notice.

·     a charge of 10% will be added on 5 July 2019 to any balance from a previous rating year (including penalties previously charged) remaining outstanding on 4 July 2019.

·     a further additional charge of 10% will be added on 8 January 2020 to any balance from a previous rating year (including penalties previously charged) remaining outstanding on 7 January 2020.

Penalty on Water Volumetric Rates

Pursuant to Sections 57 and 58 of the Local Government (Rating) Act 2002, the council authorises the following penalties on unpaid volumetric water rates and delegates authority to the Group Manager Corporate Services to apply them:

•      a charge of 10% of the amount of each volumetric water rate account remaining unpaid on the penalty date as shown in the above table and also shown on each volumetric water rate account.

Penalty Remission

In accordance with Council’s rate remission policy, the Council will approve the remission of the penalty added on instalment one due to late payment provided the total annual rates are paid in full by 20 November 2019. If full payment of the annual rates is not paid by 20 November 2019 the penalties relating to the first instalment outlined above will apply.

The above penalties will not be charged where Council has agreed to a programme for payment of outstanding rates.

The Group Manager Corporate Services is given discretion to remit rates penalties either in whole or part in accordance with Council’s approved rates remission policy, as may be amended from time to time.

Discount on Rates

Pursuant to Section 55 of the Local Government (Rating) Act 2002, the Council will allow a discount of 2.0 percent of the total rates (excluding volumetric water rates) where a ratepayer pays the year’s rates in full on or before the Last Date for Payment for instalment one being 20 August 2019.

Payment of Rates

The rates shall be payable at the Council offices, Civic House, 110 Trafalgar Street, Nelson between the hours of 8.30am to 5.00pm Monday, Tuesday, Wednesday and Friday and 9.00am to 5.00pm Thursday.

Where any payment is made by a ratepayer that is less than the amount now payable, the Council will apply the payment firstly to any rates outstanding from previous rating years and then proportionately across all current year rates due; and

5.     Adopts the amendments to the Long Term Plan 2018-28 (A2212773) pursuant to Section 93 of the Local Government Act 2002; and

6.     Consults with the community before actioning the extra operational expenditure of $124,500 and the setting aside of a reserve of $500,000 coming  from Port Nelson Limited special dividend.

7.     Delegates the Mayor and Chief Executive to make any necessary minor editorial amendments prior to the release of the amended Long Term Plan 2018-28 to the public.

Courtney/Barker

Resolved CL/2019/134

That the Council

2.     Adopts the Annual Plan 2019/20 (A2213052) pursuant to Section 95 of the Local Government Act 2002; and

3.     Delegates the Mayor and Chief Executive to make any necessary minor editorial amendments prior to the release of the Annual Plan 2019/20 to the public; and

4.     Sets the following rates under the Local Government (Rating) Act 2002, on rating units in the district for the financial year commencing on 1 July 2019 and ending on 30 June 2020.

The revenue approved below will be raised by the rates and charges that follow.

Revenue approved:

General Rate                                                    $40,737,232

Uniform Annual General Charge                      $9,043,450

Stormwater and Flood Protection Charge      $6,096,208

Waste Water Charge                                         $8,719,184

Water Annual Charge                                       $3,705,207

Water Volumetric Charge                                 $8,645,483

Clean Heat Warm Homes and Solar Saver         $402,996

Rates and Charges (excluding GST)             $77,349,760

Goods and Services Tax
(at the current rate)                                       $11,602,464

Total Rates and Charges                                $88,952,224

The rates and charges below are GST inclusive.

(1) General Rate

A general rate set under section 13 of the Local Government (Rating) Act 2002, assessed on a differential land value basis as described below:

•    a rate of 0.51346 cents in the dollar of land value on every rating unit in the “residential – single unit” category.

•     a rate of 0.51346 cents in the dollar of land value on every rating unit in the “residential empty section” category.

•     a rate of 0.56481 cents in the dollar of land value on every rating unit in the “single residential unit forming part of a parent valuation, the remainder of which is non-rateable” category. This represents a plus 10% differential on land value.

•    a rate of 0.56481 cents in the dollar of land value on every rating unit in the “multi residential” category. This represents a plus 10% differential on land value.

•     a rate of 1.42382 cents in the dollar of land value on every rating unit in the “commercial – excluding inner city and Stoke commercial” subject to 100% commercial and industrial (occupied and empty) category. This represents a plus 177.3% differential on land value.

•     a rate of 1.19636 cents in the dollar of land value on every rating unit in the “commercial – excluding inner city and Stoke commercial” subject to 25% residential and 75% commercial” category. This represents a plus 133% differential on land value.

•     a rate of 0.96890 cents in the dollar of land value on every rating unit in the “commercial – excluding inner city and Stoke commercial” subject to 50% residential and 50% commercial” category. This represents a plus 88.7% differential on land value.

•     a rate of 0.74092 cents in the dollar of land value on every rating unit in the “commercial – excluding inner city and Stoke commercial” subject to 75% residential and 25% commercial” category. This represents a plus 44.3% differential on land value.

·     a rate of 1.87208 cents in the dollar of land value on every rating unit in the “commercial inner city” subject to 100% commercial and industrial (occupied and empty) category. This represents a plus 264.6% differential on land value.

·     a rate of 1.53268 cents in the dollar of land value on every rating unit in the “commercial inner city subject to 25% residential and 75% commercial” category. This represents a plus 198.5% differential on land value.

·     a rate of 1.19277 cents in the dollar of land value on every rating unit in the “commercial inner city subject to 50% residential and 50% commercial” category. This represents a plus 132.3% differential on land value.

·     a rate of 0.85337 cents in the dollar of land value on every rating unit in the “commercial inner city subject to 75% residential and 25% commercial” category. This represents a plus 66.2% differential on land value.

·     a rate of 1.81765 cents in the dollar of land value on every rating unit in the “Stoke commercial subject to 100% commercial and industrial (occupied and empty)” category. This represents a plus 254% differential on land value.

·     a rate of 1.49160 cents in the dollar of land value on every rating unit in the “Stoke commercial subject to 25% residential and 75% commercial” category. This represents a plus 190.5% differential on land value.

·     a rate of 1.16555 cents in the dollar of land value on every rating unit in the “Stoke commercial subject to 50% residential and 50% commercial” category. This represents a plus 127% differential on land value.

·     a rate of 0.83951 cents in the dollar of land value on every rating unit in the “Stoke commercial subject to 75% residential and 25% commercial” category. This represents a plus 63.5% differential on land value.

·     a rate of 0.33375 cents in the dollar of land value on every rating unit in the “rural” category. This represents a minus 35% differential on land value.

·     a rate of 0.46211 cents in the dollar of land value on every rating unit in the “small holding” category. This represents a minus 10% differential on land value.

(2) Uniform Annual General Charge

A uniform annual general charge under section 15 of the Local Government (Rating) Act 2002 of $435.22 per separately used or inhabited part of a rating unit.

(3) Stormwater and Flood Protection Charge

A targeted rate under section 16 of the Local Government (Rating) Act 2002 of $330.47 per rating unit, this rate is payable by all ratepayers excluding rural rating units, rating units east of the Gentle Annie saddle, Saxton’s Island and Council’s stormwater network.

(4) Waste Water Charge

A targeted rate for waste water disposal under section 16 of the Local Government (Rating) Act 2002 of:

·     $477.93 per separately used or inhabited part of a residential, multi residential, rural and small holding rating units that is connected either directly or through a private drain to a public waste water drain.

·     For commercial rating units, a waste water charge of $119.48 per separately used or inhabited part of a rating unit that is connected either directly or through a private drain to a public waste water drain. Note:  a “trade” waste charge will also be levied.

(5) Water Annual Charge

A targeted rate for water supply under Section 16 of the Local Government (Rating) Act 2002, of:

Water charge (per connection)                              $200.40

(6) Water Volumetric Rate

A targeted rate for water provided under Section 19 of the Local Government (Rating) Act 2002, of:

Price of water:

Usage up to 10,000 cu.m/year         $2.137 per m³

Usage from 10,001 – 100,000
cu.m/year                                           $1.883 per m³

Usage over 100,000 cu.m/year        $1.486 per m³

Summer irrigation usage over
10,000 cu.m/year                              $2.010 per m³

(7) Clean Heat Warm Homes

A targeted rate per separately used or inhabited part of a rating unit that has been provided with home insulation and/or a heater to replace a non-complying solid fuel burner under Section 16 of the Local Government (Rating) Act 2002 in accordance with agreement of the original ratepayer, of:

·     For properties levied the Clean Heat Warm Homes as a result of agreements entered into after 1 July 2011, the targeted rate for each year for 10 years will be the total cost of the installed works excluding GST, divided by 10, plus GST.

·     For properties levied the Clean Heat Warm Homes as a result of agreements entered into prior to 1 July 2011 the targeted rate of:

(8) Solar Hot Water Systems

A targeted rate for any separately used or inhabited parts of a rating unit that has been provided with financial assistance to install a solar hot water system under Section 16 of the Local Government (Rating) Act 2002 in accordance with agreement of the original ratepayer, of the following factors on the extent of provision of service (net cost of the work including GST after deducting EECA grant, plus funding cost):

·     0.14964 (including GST) for agreements entered into prior to 1 July 2011, multiplied by the Net Cost of the Work adjusted for any increased GST.

·     0.13847 (including GST) for agreements entered into after 1 July 2011 multiplied by the Net Cost of the Work.

Other Rating Information:

Due Dates for Payment of Rates

The above rates (excluding water volumetric rates) are payable at the Nelson City Council office, 110 Trafalgar Street, Nelson and shall be payable in four instalments on the following dates:

Rates instalments not paid on or by the Last Date for payment above will incur penalties as detailed in the section “Penalty on Rates”.

Due Dates for Payment of Water Volumetric Rates

Residential water volumetric rates are payable at the Nelson City Council office, 110 Trafalgar Street, Nelson and shall be payable on the following dates:

Special (final) water volumetric rates will be payable 14 days from the invoice date of the special (final) water reading as shown on the water invoice.

Commercial water volumetric rates are payable at the Nelson City Council office, 110 Trafalgar Street, Nelson and shall be payable on the following dates:

Penalty on Rates

Pursuant to Sections 57 and 58 of the Local Government (Rating) Act 2002, the council authorises the following penalties on unpaid rates (excluding volumetric water rate accounts) and delegates authority to the Group Manager Corporate Services to apply them:

·     a charge of 10% of the amount of each rate instalment remaining unpaid on the penalty date as shown in the above table and also shown on each rate instalment notice.

·     a charge of 10% will be added on 5 July 2019 to any balance from a previous rating year (including penalties previously charged) remaining outstanding on 4 July 2019.

·     a further additional charge of 10% will be added on 8 January 2020 to any balance from a previous rating year (including penalties previously charged) remaining outstanding on 7 January 2020.

Penalty on Water Volumetric Rates

Pursuant to Sections 57 and 58 of the Local Government (Rating) Act 2002, the council authorises the following penalties on unpaid volumetric water rates and delegates authority to the Group Manager Corporate Services to apply them:

•      a charge of 10% of the amount of each volumetric water rate account remaining unpaid on the penalty date as shown in the above table and also shown on each volumetric water rate account.

Penalty Remission

In accordance with Council’s rate remission policy, the Council will approve the remission of the penalty added on instalment one due to late payment provided the total annual rates are paid in full by 20 November 2019. If full payment of the annual rates is not paid by 20 November 2019 the penalties relating to the first instalment outlined above will apply.

The above penalties will not be charged where Council has agreed to a programme for payment of outstanding rates.

The Group Manager Corporate Services is given discretion to remit rates penalties either in whole or part in accordance with Council’s approved rates remission policy, as may be amended from time to time.

Discount on Rates

Pursuant to Section 55 of the Local Government (Rating) Act 2002, the Council will allow a discount of 2.0 percent of the total rates (excluding volumetric water rates) where a ratepayer pays the year’s rates in full on or before the Last Date for Payment for instalment one being 20 August 2019.

Payment of Rates

The rates shall be payable at the Council offices, Civic House, 110 Trafalgar Street, Nelson between the hours of 8.30am to 5.00pm Monday, Tuesday, Wednesday and Friday and 9.00am to 5.00pm Thursday.

Where any payment is made by a ratepayer that is less than the amount now payable, the Council will apply the payment firstly to any rates outstanding from previous rating years and then proportionately across all current year rates due; and

5.     Adopts the amendments to the Long Term Plan 2018-28 (A2212773) pursuant to Section 93 of the Local Government Act 2002; and

6.     Delegates the Mayor and Chief Executive to make any necessary minor editorial amendments prior to the release of the amended Long Term Plan 2018-28 to the public.

Her Worship the Mayor/McGurk                                                              Carried

Attachments

1    A2215394 NCC Long Term Plan 2018-28 amended pages for Council 27 June 2019

2    A2215625 Independent Auditor's Report on the Nelson City Council's Amended 2018-28 Long-Term Plan Council 27Jun2019

3    A2218600 Updated Table summary of Capital Expenditure Over $100k 27Jun2019

1

Confirmation of Minutes - 4 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)(g)

     To maintain legal professional privilege

2

Deferred Item - Recommendation from Community Services Committee

Founders Park – property purchase. A report with further information is included in this Agenda

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)

3

Community Services Committee - Founders Park - property purchase: Supplementary information

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)

3

Community Services Committee - Founders Park - property purchase: Supplementary information

Agrees that the Report (R10314) its attachment (A2213216) and the decision be excluded from public release at this time.

Important considerations for decision making

1.   Fit with Purpose of Local Government

The CEMARS inventory of Council’s greenhouse gas emissions and the associated action plan to reduce emissions supports Council work, and contributes to the current and future needs of our community.  It is also aligned to meet community needs through promoting the environmental, economic, cultural and social impact of responding to climate change, in the present and for the future.

2.   Consistency with Community Outcomes and Council Policy

The CEMARS Action Plan is consistent with the top four priorities of the Long Term Plan, in particular priority two – environment.

The Plan also aligns with the themes and goals of Nelson 2060 – in particular the goals relating to safeguarding our natural environment; encouraging leadership; adapting to change; moving from fossil fuels to renewable energy sources; building a thriving economy and reducing consumption.  In addition the plan supports the following community outcomes:

·    Our unique natural environment is healthy and protected

·    Our urban and rural environments are people-friendly, well planned and sustainably managed

·    Our infrastructure is efficient, cost effective and meets current and future needs

·    Our communities are healthy, safe, inclusive and resilient.

3.   Risk

The upcoming Climate Change Response (Zero Carbon) Amendment Bill will require action, and adoption of the CEMARS Action Plan puts Council in a good position. Not taking action will also miss an important opportunity to create change.

Due to the complex nature of Council operations, it may not be possible to deliver a reduction target which meets the community’s expectations.

As the measurement and reduction of emissions is still a relatively untested area, there are also risks relating to cost. Identifying methods to reduce emissions are likely to result in operational savings, the ongoing investigations should be monitored through the Long Term Plan/Annual Plan process.

4.   Financial impact

Funding to investigate potential emissions reduction has been allocated through the Annual Plan deliberations. Projects identified for delivery of emissions reduction will be subject to the usual annual plan/long term plan process including providing a business case.  It is anticipated that these projects will have the potential to provide some economic benefits as well as cost, subject to investigations being carried out.

5.   Degree of significance and level of engagement

This matter is of low significance. It may impact on how Council will deliver services in the future but this is catered for through the existing annual and long term process. The matter does have potential to generate public interest, but these conversations will be integrated into the wider community climate change engagement programme which is planned in 2019/20.

6.   Inclusion of Māori in the decision making process

No engagement with Māori has been undertaken in preparing this report

7.   Delegations

The projects cross the responsibilities of more than one Committee, therefore the matter has been brought to Council for a decision.

Important considerations for decision making

1.   Fit with Purpose of Local Government

This renewal project meets the current and future needs of the NCC for good quality infrastructure and performance of regulatory parking control and function.

2.   Consistency with Community Outcomes and Council Policy

This renewal project is a project within the 2018-28 Long Term Plan to provide smarter options for parking in the City Centre.

3.   Risk

This renewal should only proceed if it achieves good outcomes including smarter parking payment. Not proceeding will result in increased maintenance costs, continuing with paper tickets, loss of meter reliability, and limited enforcement of the parking limits and fees.

4.   Financial impact

Budget provision exists in the 2019/20 financial year for this renewal.

5.   Degree of significance and level of engagement

Procurement of new parking meter infrastructure is of low significance. Having considered the proposed amendments to the Parking Bylaw (to enable a new parking system) and Council’s Significance and Engagement policy, officers have concluded this matter is of low significance and that the special consultative procedure is not required. Because officers do not consider the proposed amendments to be minor, a s82 consultation process is required.

6.   Inclusion of Māori in the decision making process

No engagement with Māori has been undertaken in preparing this report.

7.   Delegations

This matter has been referred to Council by the Works and Infrastructure Committee.