Minutes of a meeting of the Nelson City Council
Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson
On Thursday 8 August 2019, commencing at 9.00a.m.
Present: Her Worship the Mayor R Reese (Chairperson), Councillors L Acland, I Barker, M Courtney, B Dahlberg, K Fulton, M Lawrey, P Matheson, B McGurk, G Noonan, M Rutledge, T Skinner and S Walker
In Attendance: Chief Executive (P Dougherty), Group Manager Infrastructure (A Louverdis), Group Manager Environmental Management (C Barton), Group Manager Community Services (R Ball), Group Manager Corporate Services (N Harrison), Group Manager Strategy and Communications (N McDonald), Team Leader Governance (R Byrne) and Governance Adviser (E Stephenson)
Apologies : Nil
Opening Prayer
Councillor Fulton gave the opening prayer.
1. Apologies
2. Confirmation of Order of Business
Item 6: Tahunanui Modellers Pond Trial - Way Forward, would be considered at 11.00a.m. in order for the Modellers Pond Working Party and Council’s consultant to attend.
There were no updates to the Interests Register.
Councillor McGurk subsequently noted an interest in Item 5 of the Public Excluded agenda (Community Housing: Negotiating Brief and Proposed Divestment Process) and withdrew from the meeting.
Councillor Matheson subsequently noted an interest in Item 7 of the Public Excluded agenda (Event funding: Adam Chamber Music Festival) and withdrew from the meeting.
4.1 Nelson Music Festival Trust (NMFT), trading as the Adam Chamber Music Festival.
4.2 Dan McGuire - The Climate Emergency Declaration and the Expenditure
Dan McGuire spoke about the declaration of climate emergency and follow up actions of Council. He did not agree that climate change was the biggest threat the world faced and said that Council was operating with a knee jerk reaction which gave the New Zealand Transport Agency an opportunity to delay funding on the Rocks Rd walkway.
4.3 Lindsay Wood - Action for the Climate Emergency (ACE)
4.4 Peter Kortegast - Custom House Heritage Verandah and Haven Road Cycle Facility
4.5 Nelson Grey Power – Community Housing
Christine Tuffnell spoke about community housing guidelines and Greypower’s concern that social housing could not be ring fenced for pensioners and those with highest need, generally single parents, would be allocated housing first. She was concerned that, should Council sell its community housing units the social shape of the current pensioners community would change for the worse.
4.6 Janice Craven - Community Housing
Janice Craven spoke on the sale of pensioner housing noting she believed that Council was putting finance before welfare of the elderly, she felt Council had a moral and spiritual obligation to ensure this tenants were provided for and requested that Council not proceed with its decision to sell the community housing units .
4.7 Graeme O’Brien - Community Housing
Graeme O’Brien spoke on the sale of community housing and said that Council had not shown willingness to explore innovative solutions such as co-housing communities, which was included in the recommendations from a 2016 report on pensioner housing.
Her Worship the Mayor clarified that, following extensive consultation, Council had approved the divestment of community housing assets conditional on a suitable sale and purchase agreement where tenant wellbeing and ratepayer interest was met.
5.1 20 June 2019
Document number M4290, agenda pages 14 - 38 refer.
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1. Confirms the minutes of the meeting of the Council, held on 20 June 2019, as a true and correct record. |
5.2 27 June 2019
Document number M4318, agenda pages 39 - 67 refer.
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1. Confirms the minutes of the meeting of the Council, held on 27 June 2019, as a true and correct record. |
6. Recommendations from Committees
6a Community Service Committee - 11 April 2019
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Resolved CL/2019/143 |
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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. |
6.1 Audit, Risk and Finance Subcommittee - 25 June 2019
6.1.1 Draft Annual Internal Audit Plan - 30 June 2020
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1. Approves the Draft Annual Internal Audit Plan - 30 June 2020 (A2202709).
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6.2 Regional Transport Committee - 1 July 2019
6.2.1 Regional Land Transport Plan variation - Nelson State Highway Speed Management Guide Implementation
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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
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6.3 Sports and Recreation Committee - 2 July 2019
6.3.1 Cawthron Reserve (Cawthron Crescent) - Wastewater Easement
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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.
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6.4 Governance Committee - 25 July 2019
6.4.1 Nelson Regional Development Agency - draft Statement of Intent 2019/20
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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.
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Document number R10381, agenda pages 70 - 72 refer.
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1. Receives the report Council Status Report (R10381) and its attachment (A1168168). |
The meeting adjourned from 10.25a.m. until 10.40a.m. at which time Councillor Acland left the meeting.
Document number R10371, agenda pages 73 - 159 refer.
Her Worship the Mayor presented her report and noted that in order to advance Council’s decision on climate change actions she was meeting with a small group of people who volunteered to look at a draft Terms of Reference for a Climate Forum.
She noted that Council had taken a leadership role in supporting the recommendation to provide a childcare allowance for elected members, this was now included in the Remuneration Authority 2019/2020 determination.
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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) |
The Mayor’s Report item was adjourned at 11.05a.m. to consider Item 6: Tahunanui Modellers Pond Trial in order for the Modellers Pond Working Party and a Council consultant to attend.
9. Tahunanui Modellers Pond Trial - Way Forward (Agenda Item 6)
Document number R10038, agenda pages 219 - 270 refer.
Manager Utilities, David Light, presented the report.
John Gilbertson, Alan Malaquin and Nigel Gibbs, representatives from the Modellers Pond Working Party (MPWP) were present, along with Rupert Craggs from NIWA. Mr Gilbertson provided additional information on behalf of the Tahunanui Business Association, which was tabled.
Mr Light answered questions on the options to be considered:
· he confirmed that option 2 had a current resource consent, although officers recommended further consultation with iwi;
· officers recommended options 3 and 4 be further investigated and that of these the MPWP favoured option 3, although option 2 was their first choice;
· he confirmed that under option 2 the pond would need to be cleaned 2-3 times a month in summer;
· that in option 2 the level of the pond would be raised and concreted and that high tides would flush the pond;
· that officers considered the costs for option 2 would be higher that quoted; and
· confirmed that the trial was not a failure, that the products showed promise but there were too many variables to provide a good outcome.
Mr Gibbs answered questions on use of the pond and confirmed that as 80% of members were currently unable to sail their boats, many were using the Saxton and Mapua ponds.
Attendance: Councillor Acland returned to the meeting at 11.32a.m.
Mr Craggs provided further information on the growth of rupia weed and algae, and how salinity and temperature affected their growth.
Group Manager Community Services, Roger Ball, answered questions on the cost of the preferred options 3 and 4, explaining that from a parks and recreation point of view officers would like those options explored more fully as there were larger concerns around use of the reserve and these recommended options provided for wider opportunities.
Chief Executive, Pat Dougherty, provided further background on the stormwater use for the pond; he was confident that there were alterative options to separate the treatment of stormwater.
Councillor Matheson moved an amended officer’s recommendation, seconded by Councillor Noonan.
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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 Option 2 of Report R10038 and any alternative option iwi consider appropriate to preliminary design at an additional unbudgeted cost of $80,000; and 4. Requests Council officers bring a report back to the Sports and Recreation Committee detailing the findings from updated design for Option 2, of Report 10038 and any alternative option iwi consider appropriate before proceeding to public consultation. |
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Attendance: Councillor Skinner left the meeting from 12.22p.m. until 12.25p.m. The meeting adjourned from 12.38p.m. until 1.13p.m. Environmental Programmes Adviser, Karen Lee, was asked to confirm the impact on emissions from lining the pond with concrete. She advised that 12m3 of concrete was equivalent to 426 tonnes of carbon dioxide. The meeting adjourned from 1.14p.m. until 1.26p.m. Councillor McGurk moved an amendment, seconded by Councillor Acland. |
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Group Manager Corporate Services, Nikki Harrison, answered questions on the financial impact of unbudgeted costs. Her Worship the Mayor foreshadowed that she would move an amendment without option 1, should the current amendment fail. Attendance: Councillor Fulton left the meeting at 1.56p.m. Attendance: Councillor Matheson left the meeting from 1.59p.m. until 2.02p.m. |
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Her Worship the Mayor moved a further amendment, seconded by Councillor Courtney. |
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Her Worship the Mayor called a Point of Order with Councillor Barker for misrepresenting an officer’s statement. Councillor Barker withdrew his statement.
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Attendance: Councillor Fulton returned to the meeting at 2.31p.m. The substantive motion was put, amended to include minor updates for option 2. |
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Note: Resolution CL/2019/150 below was altered at the 25 June 2020 Council meeting, via a recommendation to Council from the Sports and Recreation Committee (resolution CL/2020/078) |
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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 Option 2 (with minor updates) of Report R10038 and any alternative option iwi consider appropriate to preliminary design at an additional unbudgeted cost of $80,000; and 4. Requests Council officers bring a report back to the Sports and Recreation Committee detailing the findings from updated design for Option 2, of Report 10038 and any alternative option iwi consider appropriate before proceeding to public consultation. The substantive motion was put and a division was called:
The substantive motion was carried 8 - 5. |
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1 A2241452 John Gilbertson Tahunanui Modellers Pond Working Party Tabled Documents Council 08Aug2019 |
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The meeting adjourned from 2.37p.m. until 2.39p.m.
10 Mayor's Report (reconvened)
11. Certified Emissions Measurement and Reduction Scheme (CEMARS) Emissions Inventory Report and Action Plan to Reduce Council Greenhouse Gas Emissions
Document number R10337, agenda pages 160 - 195 refer.
Group Manager Environment, Clare Barton, and Environmental Programmes Adviser, Karen Lee, presented the report and advised that the inventory report had been updated and a final copy would be circulated.
Ms Barton and Ms Lee answered questions on baseline, further work required in order to set targets, management of jointly owned landfill and sewer which comprised 85% of emissions, and identifying pathways to reduce other emissions (e.g. electricity). Ms Barton noted the timelines in the report would be updated once investigations had been completed. Once the action plan was adopted, investigations could start which would then inform the Activity Management Plans for the Long Term Plan.
Attendance: Councillor Matheson left the meeting from 3.09p.m. until 3.33p.m.
Attendance: Councillors Acland and Barker left the meeting at 4.25p.m. Councillor Barker returned to the meeting at 3.44p.m. and Councillor Acland returned at 3.46p.m.
Attendance: Councillor Rutledge left the meeting at 3.53p.m.
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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 the Reduction Scheme Action Plan including SMART objectives will be introduced by 2020 and incorporated into Council’s Activity Management Plans |
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Extension of Meeting Time |
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1. Extends the meeting time beyond six hours, pursuant to Standing Order 4.2. |
Document number R9935, agenda pages 196 - 218 refer.
Manager Transport and Solid Waste, Marg Parfitt, presented the report and answered questions on future changes to Council’s parking policy, management of time limits, possible savings and enforcement of one hour free parking.
Attendance: Councillor Rutledge returned to the meeting at 3.57p.m.
Attendance: Councillor Dahlberg left the meeting from 4.12p.m. until 4.14pm
Attendance: Councillor Acland left the meeting at 4.16p.m.
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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 |
13. Approval for Use of Saxton Field for Bay Dreams South 2020
Document number R10360, agenda pages 271 - 282 refer.
Group Manager Community Services, Roger Ball and Events and Venues Adviser, Lynette Haack presented the report and advised that the recommendation had been updated to reflect that the Chief Executive had provided approval.
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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 has granted 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. |
14. Naming Policy Review Options
Document number R10142, agenda pages 283 - 298 refer.
Policy Adviser, Gabrielle Thorpe presented the report.
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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. |
15. Brook Reserve - change of specific local purpose and declaring stopped road to be reserve
Document number R10247, agenda pages 299 - 332 refer.
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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. |
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1. Excludes the public from the following parts of the proceedings of this meeting. 2. The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows: |
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General subject of each matter to be considered |
Reason for passing this resolution in relation to each matter |
Particular interests protected (where applicable) |
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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 |
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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) |
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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) |
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4 |
Council Status Report - Public Excluded
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Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7 |
The withholding of the information is necessary: · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person · Section 7(2)(g) To maintain legal professional privilege · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) |
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5 |
Mayor's Report
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Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7 |
The withholding of the information is necessary: · Section 7(2)(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 |
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6 |
Community Housing: Negotiating Brief and Proposed Divestment Process
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Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7 |
The withholding of the information is necessary: · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) |
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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 |
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8 |
Event funding - Adam Chamber Music Festival
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Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7 |
The withholding of the information is necessary: · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) |
The meeting went into public excluded session at 4.45pm, during which time Councillor Acland returned to the meeting at 5.05p.m. the meeting resumed in public session at 6.46p.m.
Restatements
It was resolved while the public was excluded:
2. PUBLIC EXCLUDED: Recommendations from Committees
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2.1.1 |
PUBLIC EXCLUDED: Bad debt writeoff for year ending 30 June 2019 |
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That the Council 1. Approves the balance of $4,829 plus GST owing by David Smith be written off as at 30 June 2019; and 2. Agrees that Report (R10268) be excluded from public release at this time; and 3. Agrees that the decision (CL/2019/160) be released at this time. |
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2.2.1 |
PUBLIC EXCLUDED: Part of Princes Drive - proposed road stopping |
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3. Agrees that Report (R10067), Attachments (A2201970 and A2201973 ) and the decision (CL/2019/161) be excluded from public release at this time. |
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2.3.1 |
PUBLIC EXCLUDED: Land Purchase - Grampians Extension, Brook Valley |
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1. Approves the purchase of 42 Sowman Street, being Lot 2 DP 426879, as an extension to the Grampians Reserve, at a price of $620,000 plus GST (if any), funded from the Neighbourhood Reserves Land Purchase Account; and 2. Agrees that the decision (CL/2019/162) only be released from public excluded business once negotiations are concluded; and 3. Agrees that Report (R9340) and Attachments (A2209979 and A2202530) be excluded from public release at this time. |
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2.4.1 |
PUBLIC EXCLUDED: Nelmac Director Reappointment |
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1. Reappoints Rob Gunn as a Director of Nelmac Limited for an additional two years from October 2020 to October 2022 2. Agrees that the decision (CL/2019/163) only be released from public excluded business; and 3. Agrees that Report (R10263) and Attachment (A2205856) be excluded from public release at this time. |
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2.4.2 |
PUBLIC EXCLUDED: Nelson Regional Development Agency - Director Remuneration - 2019 |
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1. Agrees that Report (R10021), Attachment (A2045559) and the Decision (CL/2019/164) be released from public excluded business once negotiations are concluded. |
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PUBLIC EXCLUDED: Community Housing: Negotiating Brief and Proposed Divestment Process |
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1. Agrees that the Decision (CL/2019/166), Report (R10205) and its attachment (A2232616) be excluded from public release at this time. |
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6 |
PUBLIC EXCLUDED: Legal Advice on Brook Reserve Management Plan |
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1. Agrees that Report (R10405) be excluded from public release at this time. |
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7 |
PUBLIC EXCLUDED: Event funding - Adam Chamber Music Festival |
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1. Agrees that the decision only be released from public excluded business once negotiations are concluded; and 2. Agrees that Report (R10281) and attachment (A2211701) be excluded from public release at this time.
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There being no further business the meeting ended at 6.46p.m.
Confirmed as a correct record of proceedings:
Chairperson
Date