Notice of the ordinary meeting of
Nelson City Council
Te Kaunihera o Whakatū
Agenda
Rārangi take
Mayor Her Worship the Mayor Rachel Reese
Deputy Mayor Cr Judene Edgar
Members Cr Yvonne Bowater
Cr
Trudie Brand
Cr
Mel Courtney
Cr
Kate Fulton
Cr Matt Lawrey
Cr Brian McGurk
Cr Gaile Noonan
Cr
Rohan O’Neill-Stevens
Cr
Pete Rainey
Cr
Rachel Sanson
Cr
Tim Skinner
Quorum 7 Pat
Dougherty Chief
Executive Officer
Nelson City
Council Disclaimer
Please note that
the contents of these Council and Committee agendas have yet to be considered
by Council and officer recommendations may be altered or changed by the Council
in the process of making the formal Council decision. For enquiries call (03)
5460436.
Council Values
Following are the values agreed during the 2016 – 2019 term:
A. Whakautetanga: respect
B. Kōrero Pono: integrity
C. Māiatanga: courage
D. Whakamanatanga: effectiveness
E. Whakamōwaitanga: humility
F. Kaitiakitanga: stewardship
G. Manaakitanga: generosity of spirit
Nelson City Council
12
December 2019
Page
No.
Opening Karakia
1. Apologies
Nil
2. Confirmation
of Order of Business
3. Interests
3.1 Updates
to the Interests Register
3.2 Identify
any conflicts of interest in the agenda
4. Public
Forum
4.1 Ludovic Romany - 5G
4.2 Dai Mitchell - 5G
5. Confirmation
of Minutes
5.1 14
November 2019 11 - 22
Document number M6533
Recommendation
|
That the Council
1. Confirms the minutes of the meeting
of the Council, held on 14 November 2019, as a true and correct record.
|
6. Recommendations from
Committees
6.1 Infrastructure Committee - 21
November 2019
6.1.1 Infrastructure
Quarterly Report to 30 September 2019
The
recommendation from the 21 November 2019 Infrastructure Committee regarding
additional funding for capital projects that were included in the
Infrastructure Committee Quarterly Report are dealt with in a separate report
on this agenda (Item 11), which includes full decision-making considerations.
6.2 Environment Committee - 28
November 2019
6.2.1 Plan
Change 27 Approval
|
Recommendation to Council
|
|
|
That
the Council
1.
Approves Plan Change
27 to become operative.
|
6.3 Community Services Committee -
28 November 2019
6.3.1 Library
security - request for unbudgeted expenditure
|
Recommendation to Council
|
|
|
That the Council
1. Approves unbudgeted
expenditure of up to $33,000 for community safety services within libraries.
|
7. Mayor's
Report 23 - 23
Document number R13642
Recommendation
|
That
the Council
1. Receives the report Mayor's Report (R13642).
|
8. 5G in New Zealand 24 - 39
Document number R13676
Recommendation
|
That
the Council
1. Receives
the report 5G in New Zealand (R13676)
and its attachment (A2311616); and
2. Agrees that the Group Manager
Environmental Management facilitates a public workshop as early as possible
in 2020 to provide an opportunity for information exchange and 5G matters;
and
3. Agrees to send an invitation to the
Ministry for the Environment and the Office of the Prime Minister's Chief
Science Advisor to attend and speak at the public workshop; and
4. Invites representatives of 5G Free
Nelson and interested parties to participate at the public workshop; and
5. Notes that going forward, all
public forum requests regarding 5G will be directed to the public workshop
rather than to Council meetings.
|
9. Schedule of Meetings
2020 40 - 54
Document number R13650
Recommendation
|
That
the Council
1. Receives the report Schedule of
Meetings 2020 (R13650) and its attachment (A2308328)
2. Adopts the schedule of
meetings for the 2020 calendar year as set out in Attachment 1 (A2308328).
|
10. Parking and Vehicle Control
Bylaw changes to accommodate new parking technology 55 - 124
Document number R11510
Recommendation
|
That
the Council
1. Receives the report Parking and
Vehicle Control Bylaw changes to accommodate new parking technology (R11510)
and its attachments (A2304375 and A2283924) and;
2. Determines that the amendments do
not give rise to any implications under the New Zealand Bill of Rights Act
1990 and the amended Parking and Vehicle Control Bylaw is the most
appropriate form of Bylaw; and
3. Adopts the Parking and Vehicle
Control Bylaw as amended and appended to this report as Attachment 1
(A2304375); and
4. Determines that the Parking
and Vehicle Control Bylaw will come into operation on 1 July 2020
|
11. Infrastructure Capital Projects
Supplementary Report: Additional Funding 125 - 132
Document number R13669
Recommendation
|
That
the Council
1. Receives the report Infrastructure
Capital Projects Supplementary Report: Additional Funding (R13669); and
2. Approves additional funding of
$420,000 to progress the St Vincent Sewer renewal in 2019/20; and
3. Approves the additional funding of
$700,000 in 2019/20 and funding of $2,100,000 in 2020/21 (an additional $1.8M
over the Long Term Plan) to complete the Saxton Creek Upgrade between
Champion Road and Main Road Stoke; and
4. Approves the additional
funding of $244,000 in 2019/20 to complete the Railway Reserve underpass and
associated civil approach works, noting that the culvert underpass has been
ordered and that officers are to still make application for NZTA subsidy.
|
12. Community Action Nelson
Introduction to Community Action
Nelson (CAN), history and outline on how CAN would like Council to consider the
issue of housing in Nelson.
Public Excluded Business
13. Exclusion
of the Public
Recommendation
|
That
the Council
1.
Confirms, in
accordance with sections 48(5) and 48(6) of the Local Government Official
Information and Meetings Act 1987, that Emma Moran, Legal Adviser, DLA Piper,
remain after the public has been excluded, for Item 5 of the Public Excluded
agenda (Greenmeadows Centre – Way Forward), as she has knowledge relating
to this issue that will assist the meeting.
|
Recommendation
That the Council
1.
Excludes the
public from the following parts of the proceedings of this meeting.
2.
The general subject of each matter to be
considered while the public is excluded, the reason for passing this resolution
in relation to each matter and the specific grounds under section 48(1) of the
Local Government Official Information and Meetings Act 1987 for the passing of
this resolution are as follows:
|
Item
|
General subject of each matter to be
considered
|
Reason for passing this resolution in
relation to each matter
|
Particular interests protected (where
applicable)
|
|
1
|
Council Meeting - Public Excluded Minutes - 14
November 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)(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)
|
|
2
|
Recommendations from Committees
Infrastructure Committee
21 Nov 2019
Recycling – the Way Forward
Regional
Transport Committee 2Dec 2019
Public
Transport: Move to a Gross contract
Governance
and Finance Committee 5 Dec 2019
Nelson Centre of
Musical Arts – External Review of Business Model
Sports and Recreation Committee 10 Dec 2019
Nelson Cycle Lift Society – Accountability
Report on Community Outcomes Grant
|
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)
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)(i) To enable the
local authority to carry on, without prejudice or disadvantage, negotiations
(including commercial and industrial negotiations)
|
|
3
|
Council Status Report - Confidential
|
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)(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
|
Workplace Improvement Accommodation Options: 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)(h)
To enable the local
authority to carry out, without prejudice or disadvantage, commercial
activities
|
|
5
|
Greenmeadows Centre - Way Forward
|
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)(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)
|
|
6
|
Appointment of General Manager 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
|
|
7
|
Purchase of land for Nelson Regional Sewerage
Business Unit purposes
|
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)(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)
|
Note:
·
This meeting is expected to continue beyond lunchtime. (delete as appropriate)
·
Lunch will be provided. (delete as appropriate)
Nelson City Council Minutes - 14
November 2019
Present: Her
Worship the Mayor R Reese (Chairperson), Councillors Y Bowater, T Brand, M
Courtney, J Edgar, K Fulton, R O'Neill-Stevens, B McGurk, G Noonan, P Rainey, R
Sanson and T Skinner
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-J Ruthven)
Apology: Councillor
Lawrey
Opening Prayer
Kaihautū Pania Lee led the
karakia.
1. Apologies
|
Resolved CL/2019/225
|
|
|
That the Council
1. Receives
and accepts an apology from Councillor Lawrey.
|
|
Her Worship the Mayor/Edgar Carried
|
2. Statutory
Declaration
Councillor Bowater made her
statutory declaration, witnessed by Her Worship the Mayor Reese.
3. Confirmation of
Order of Business
Her Worship the Mayor Reese advised that Item 1 (Community
Housing: Approval of Terms of Sale) on the Confidential Agenda would be taken
last as Councillor McGurk had indicated he had an interest in this item.
4. Interests
Councillor McGurk noted an
interest in Item 1 (Community Housing: Approval of Terms of Sale) of the
Confidential agenda and subsequently left the meeting when the item was
considered.
5. Public Forum
5.1 Zero Carbon Nelson Tasman
- Introduction to the Group, its work and looking ahead.
Bruce Gilkison and Jenny Easton
spoke about the Zero Carbon Nelson Tasman group which had formed a year earlier
to encourage action on climate change. It had researched and responded to
calls on submissions to the Zero Carbon Bill and had engaged with local
industries, young people and climate change groups. The group asked that
Council consider including environmental targets when reviewing statements of
intent with its Council Controlled Organisations.
Her Worship the Mayor
acknowledged the Group’s support in establishing a climate
forum.
5.2 Joe
Rifici - 5G
|
Mr Rifici spoke
about 5th generation wireless communication technology and asked that Council
approach the impacts of 5G with an open mind and intuitive heart. He spoke of
the international appeal to stop the 5G rollout until potential hazards to
human health and the environment had been fully investigated. He tabled two
supporting documents (A2300104).
Mr Rifici asked Council to allow for a full 30 minute
presentation of the material at some point and noted elected members would
receive an invitation to attend an event with an international expert on the
health effects of microwave radiation. Professor Dariusz Leszczynskiv,
presenting at the Suter Theatre on 29 November at 7.00pm.
Her Worship the Mayor advised Mr Rifici that Council
would consider his request and suggested he also engage with the Minister for
the Environment.
|
|
|
Attachments
1 A2300104 Joe
Rifici 5G Tabled Document Public Forum Council 14Nov2019
|
5.3 David Orr - Toilets,
Litter and Recycling- Mr Orr did not attend.
5.4 Nelson Young Labour -
Better Public Transport Across Te Tau Ihu
|
Tamara Livingstone and Vienna
van Heeswyck spoke to a presentation (A2300153) and presented a petition
requesting a better public transport system in and around Nelson, Marlborough
and Tasman. They requested a system that was more affordable, with increased
timetables and routes, and improved technology.
Her Worship the Mayor Reese
received the petition (A2300162) and advised that public transport was part
of the responsibility Regional Transport Committee of Council and the New
Zealand Transport Association (NZTA), and encouraged the group to also
approach Minister Twyford and associate ministers in relation to the
issue.
|
|
|
Attachments
1 A2300153 Nelson
Young Labour Petition Better Public Transport Powerpoint Public Forum Council
14Nov2019
2 A2300162
Nelson Young Labour Petition Better Public Transport Petition Public Forum
Council 14Nov2019
|
6. Confirmation of
Minutes
6.1 31 October 2019
Document number M6516, agenda
pages 11 - 19 refer.
|
Resolved CL/2019/226
|
|
|
That the Council
1. Confirms, with minor corrections, the
minutes of the meeting of the Council, held on 31 October 2019, as a true and
correct record.
|
|
Her Worship the Mayor/Edgar Carried
|
7. Acknowledgement of
Past Service
Her Worship the Mayor Reese
invited Ian Barker to join the meeting. She noted that following tradition, the
first ordinary meeting of a Council acknowledged past service of elected
members who had stood for election but were not returned.
Mayor Reese reflected on Mr
Barker’s extraordinary contribution of service to the people of Nelson as
a Councillor (2001 – 2019) and prior to that as a senior manager at
Nelson City Council. She particularly acknowledged Mr Barker’s
chairmanship of the Governance Committee and his willingness to step in to
support her in her Mayoral duties.
Mr Barker responded and outlined
his extensive career in local government and the changes he had seen.
Her Worship the Mayor presented
Mr Barker with a gift on behalf of the city and acknowledged the support of his
wife.
The meeting adjourned from
10.15a.m. until 10.36a.m.
8. Te Tauihu
Intergenerational Strategy (Agenda item 9)
Document number R13586, agenda
pages 47 - 49 refer.
Manager Strategy, Mark Tregurtha,
presented the report.
Paul Morgan, Chair of
Whakatū Corporation, spoke to a presentation on the Te Tauihu
Intergenerational Strategy, noting that the strategy was currently in
draft form and was open for feedback. He said the document would be
presented at the Te Tauihu Steering Group meeting on 16 December and the
outcome would be communicated to Council. He noted it was a living document for
the community to consider and reshape the priorities over time.
Council provided feedback and
suggested a number of changes, including the importance of the following
activities on community wellbeing:
· Arts
· Education
· Heritage
· Health
· Good
quality and innovative solutions for housing
Council also supported further
engagement with iwi and the business community and asked that the effect of the
aging population be considered in the Strategy.
Mr Tregurtha advised he would
collate further Councillors feedback received by email and forward this to the
Te Tauihu Steering Group.
|
Resolved CL/2019/227
|
|
|
That
the Council
1. Receives
the report Te Tauihu Intergenerational Strategy (R13586) and its attachments
(A2296947 and A2296946).
|
|
Fulton/Her Worship the Mayor Carried
|
9. Mayor's Report
Document number R12566, agenda
pages 20 - 46 refer.
Her Worship the Mayor Reese
presented her report. She outlined some minor corrections and answered
questions on the membership of the Forestry Advisory Group.
Councillor Courtney acknowledged
the election of Mayor Reese as Regional Sector representative on the National
Council of Local Government New Zealand and requested that this be recognised
in a resolution.
The recommendation was taken in
parts.
|
Resolved CL/2019/228
|
|
That
the Council
1. Receives the report Mayor's Report
(R12566) and its attachments (A2297022, A1667136, A1702206, A1554165
and A2297276); and
|
|
Her Worship the Mayor/O'Neill-Stevens Carried
|
|
Resolved CL/2019/229
2. Appoints the following elected
members to other Committees:
|
Committee
|
Chair
|
Deputy
Chair
|
Membership
|
|
Joint Shareholders Committee
|
Alternates between
Mayors of each district
|
None
appointed
|
Mayor Rachel Reese
Judene Edgar
Rachel Sanson
Brian McGurk
Gaile Noonan
Mel Courtney
|
|
Nelson Regional Sewerage Business Unit (Joint)
|
|
|
Brian McGurk
Tim Skinner
External
(Brendon Silcock)
Iwi Rep (Frank Hippolite)
|
|
Nelson Tasman Regional Landfill Business Unit
(Joint)
|
|
|
Judene Edgar
Kate Fulton
Iwi
Rep (Andrew Stephens)
|
|
Saxton Field Committee (Joint)
|
External Appointment
|
|
Judene Edgar
Tim Skinner
|
|
District Licensing Committee
|
External Appointment (Oke Blaikie)
|
Kate
Fulton
|
Gaile Noonan
External Appointments to 15 Nov 2023:
Gail Collingwood
Derek Shaw
Laurie Gabites
David Lewis
|
|
Forestry Advisory Group
|
External Appointment
|
|
Mayor Rachel Reese
Rachel
Sanson
Independent
External Forestry Expert
|
|
Hearings Panel - Other
|
n/a –
Panel constituted as required
|
n/a – Panel constituted as
required
|
All elected members in rotation (except the Mayor)
|
|
Hearings
Panel – Resource Management Act
|
n/a –
Panel constituted as required
|
n/a – Panel constituted as
required
|
Elected members with commissioner accreditation:
Mayor Rachel Reese
Kate Fulton
Brian McGurk
Tim Skinner
|
|
Resource Management Act Procedures Committee
|
n/a –
Panel constituted as required
|
Appointed
by the Committee
|
Mayor Rachel Reese
Kate Fulton
Brian McGurk
|
|
Iwi-Council Partnership Group
|
|
|
Mayor Rachel Reese
Judene Edgar
Matt Lawrey
Rachel Sanson
|
|
Greenmeadows Working Party
|
|
|
Mayor Rachel Reese
Gaile Noonan
Mel Courtney
Chair of Audit & Risk Committee
|
|
Tenders Subcommittee
|
|
|
Mayor
Deputy Mayor
Chair
of the Governance and Finance Committee Chair of the relevant committee
with responsibility relating to a tender
Chief
Executive
|
|
|
Her Worship the Mayor/McGurk Carried
|
|
Resolved CL/2019/230
3. Approves (subject to their
acceptance of the role) the reappointment of:
|
Committee/Group
|
External
Appointment
|
|
Governance
and Finance Committee
|
John Peters
John Murray
|
|
Environment
Committee
|
Glenice Paine
|
|
Audit
and Risk Committee
|
John Peters (Chair)
John Murray
|
|
Forestry
Advisory Group
|
John Murray (Chair)
Peter Gorman (independent External Forestry
Expert)
|
|
|
Noonan/Skinner Carried
|
|
Resolved CL/2019/231
4. Delegates the appropriate
Committees of Council, as set out in document A2297276, to determine
Councillor Liaison appointments to external organisations and groups that are
within the committees’ areas of responsibility; and
5. Appoints Elected Members to liaison
roles as follows:
|
Organisation/Group
|
Appointment/Liaison
|
|
Developer Advisory Group
|
Mayor Rachel Reese
Mel Courtney
Matt Lawrey
|
|
Urban Design Champion role
|
Pete Rainey
|
|
Positive Aging Forum
|
Yvonne Bowater
|
|
Eelco Boswijk Civic Awards
|
Mayor Rachel Reese
Trudie Brand
Judene Edgar
Kate Fulton
Matt Lawrey
Pete Rainey
|
|
Nelson Youth Council
|
Rohan O’Neill-Stevens
All other Elected Members on rotation
|
|
Tasman Bays Heritage Trust Appointments Committee
|
Mel Courtney
Gaile Noonan
|
|
Youth Nelson
|
Yvonne Bowater
|
|
Sister Cities Coordinating Group
|
Trudie Brand
|
|
Waimea Inlet Coordination Group
|
Brian McGurk
|
|
|
Skinner/Noonan Carried
|
|
Resolved CL/2019/232
6. Notes that Mayor Rachel Reese is a
member if the following bodies by legislation or governing documentation:
· Nelson
Mayoral Relief Trust
· Mayors
Taskforce for Jobs
· Cawthron
Institute Trust Board
· Nelson
Municipal Band Trust
· Whakatū
Marae Committee Inc; and
8. Appoints Gail Collingwood as
Sister Cities Coordinator for a period of three years finishing in October
2022; and
|
|
Her Worship the Mayor/Edgar Carried
|
|
Resolved CL/2019/233
9. Recognises and supports the
election of Her Worship the Mayor Reese as Regional Sector representative on
the National Council of Local Government New Zealand.
|
|
Courtney/Sanson Carried
|
It was noted that the external appointment policy was
due for review at the commencement of the triennium and that it should include
reference to the Officer of the Auditor General best practice and Māori
world view.
It was also noted that it would be timely to review
the honorarium for the Sister Cities coordinator role.
10. Delegations Register 2019
Document number R12568, agenda pages
50 - 151 refer.
Manager Governance and Support
Services, Mary Birch, and Governance Adviser, E-J Ruthven, presented the
report. Ms Ruthven updated Council on additional changes which refined the
responsibilities or delegations of Committees, and tabled further
documentation:
· A2299527
Additional changes
· A1437349 Audit and
Risk Subcommittee Terms of Reference
· A1739267 Forestry
Advisory Group Terms of Reference
· A2288940 City
Centre Working Group Terms of Reference
|
Resolved CL/2019/234
|
|
|
That
the Council
1. Receives the report Delegations
Register 2019 (R12568) and its attachments (A1183061, A1983271, A1983272,
A1342334, A1437349, A1739267, A2288940); and
2. Adopts the Delegations Register
(A1183061) with amendments as tabled (A2299527, A1437349, A1739267 and
A2288940 ); and
3. Amends the Memoranda of
Understanding governing the Nelson Regional Sewerage Business Unit (A1983271)
and the Terms of Reference governing the Nelson Tasman Regional Landfill
Business Unit (A1983272) and the Saxton Field Committee (A1342334), subject
to Tasman District Council passing an equivalent resolution; and
4. Amends the Terms of Reference
governing the Audit and Risk Subcommittee (A1437349) and the Forestry
Advisory Group (A1739267); and
5. Adopts the Terms of Reference for
the City Centre Working Group (A2288940); and
6. Revokes the following resolution of
Council of 20 March 2018 [CL/2018/023]:
That the
Council:
Undertakes
the review of the Dog Control Policy and Bylaw. ; and
7. Confirms in accordance with
the Delegations Register, that the Environment Committee undertakes a review
of the Dog Control Policy and Bylaw.
|
|
Edgar/Brand Carried
|
|
Attachments
1 A2299527 List of
amendments to Delegations Register
2 A1437349 Audit,
Risk and Finance Subcommittee Updated Terms of Reference amended 23Mar2017
3 A1739267 Forestry
Advisory Group Updated Terms of Reference - 21Sep2017
4 A2288940 City
Centre Working Group Updated Terms of Reference October 2019
|
11. Schedule of Meetings
Document number R11460, agenda
pages 152 - 154 refer.
Manager Governance and Support
Services, Mary Birch, presented the report.
|
Resolved CL/2019/235
|
|
|
That
the Council
1. Receives
the report Schedule of Meetings (R11460) and its attachment (A2256931); and
2. Adopts
the schedule of meetings for the remainder of the 2019 calendar year as set
out in Attachment 1 (A2256931).
|
|
Noonan/Sanson Carried
|
12. Exclusion
of the Public
Emma Moran, of DLA Piper was in
attendance, via audiolink, for Item 1 of the Confidential Agenda to answer
questions and, accordingly, the following resolution was required to be passed:
|
Resolved CL/2019/236
|
|
|
That the Council
1. Confirms,
in accordance with sections 48(5) and 48(6) of the Local Government Official
Information and Meetings Act 1987, that Emma Moran of DLA Piper remain after
the public has been excluded, for Item 1 of the Public Excluded agenda
(Community Housing: Approval of Terms of Sale), as she has knowledge
relating to the terms of sale that will assist the meeting.
|
|
Her Worship the Mayor/Rainey Carried
|
|
Resolved CL/2019/237
|
|
|
That the Council
1. Excludes
the public from the following parts of the proceedings of this meeting.
2. The
general subject of each matter to be considered while the public is excluded,
the reason for passing this resolution in relation to each matter and the
specific grounds under section 48(1) of the Local Government Official
Information and Meetings Act 1987 for the passing of this resolution are as
follows:
|
|
Her Worship the Mayor/Rainey Carried
|
|
Item
|
General subject of each matter to be
considered
|
Reason for passing this resolution in
relation to each matter
|
Particular interests protected (where
applicable)
|
|
1
|
Community Housing: Approval of Terms of Sale
|
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)(c)(i)
To protect information
which is subject to an obligation of confidence or which any person has been
or could be compelled to provide under the authority of any enactment, where
the making available of the information would be likely to prejudice the
supply of similar information or information from the same source and it is
in the public interest that such information should continue to be supplied
· 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)
|
|
2
|
Nelson City Council Workplace Improvement -
Accommodation Options
|
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)(h)
To enable the local
authority to carry out, without prejudice or disadvantage, commercial
activities
|
The meeting went into confidential
session at 12.35p.m. and resumed in public session at 3.27p.m.
Restatements
It was resolved while the public was
excluded:
|
1
|
PUBLIC EXCLUDED: Community Housing: Approval of Terms of
Sale
|
|
|
Agrees that the Decision, Report
(10444) and its attachments (A2277834, A2287364, A2287361, A2294879) be
excluded from public release at this time.
|
|
2
|
PUBLIC EXCLUDED: Nelson City Council Workplace
Improvement - Accommodation Options
|
|
|
Leaves the item
Nelson City Council Workplace Improvement - Accommodation Options to lie
until the Council meeting to be held on 12 December 2019
|
Her Worship the Mayor gave the closing karakia.
There being no further business the meeting ended at 3.27p.m.
Confirmed as a correct record of proceedings:
Chairperson
Date
Item 7: Mayor's Report
|
|
Council
12 December 2019
|
REPORT R13642
Mayor's Report
1. Purpose
of Report
1.1 To
update Council on current matters.
2. Recommendation
|
That the Council
1. Receives
the report Mayor's Report (R13642).
|
2. Discussion
Donation of Civic Flag
2.1 The
Mayor has donated a Nelson Civic flag to Christ Church Cathedral to be flown on
top of the Cathedral as a replacement for the previous flag which had worn out
some years ago. The cost of $772.23 was funded from the Mayor’s Discretionary
Fund.
2.2 The
Mayor has donated a Nelson Civic flag to the Nelson Boathouse Society.
The cost of $138.00 was funded from the Mayor’s Discretionary Fund.
Discretionary Fund
2.3 The
Mayor made a financial contribution of $500 from her Mayoral Discretionary Fund
to New Zealand Certified Builders Nelson and Master Builders Nelson in support
of the costs associated with a public event they held in late October, to raise
awareness of men’s mental and emotional health within the construction
industry.
Further update
2.4 A
further update on current matters will be provided under separate cover and
circulated prior to the meeting.
Author: Rachel
Reese, Mayor of Nelson
Attachments
Nil
Item 8: 5G in New
Zealand
|
|
Council
12 December 2019
|
REPORT R13676
5G
in New Zealand
1. Purpose
of Report
1.1 To
update Council on the Office of the Prime Minister's Chief Science Advisor
paper entitled "5G in Aotearoa New Zealand" and determine the best
options going forward.
2. Recommendation
|
That the Council
1. Receives
the report 5G in New Zealand (R13676)
and its attachment (A2311616); and
2. Agrees that the Group Manager
Environmental Management facilitates a public workshop as early as possible
in 2020 to provide an opportunity for information exchange and 5G matters;
and
3. Agrees to send an invitation to the
Ministry for the Environment and the Office of the Prime Minister's Chief
Science Advisor to attend and speak at the public workshop; and
4. Invites representatives of 5G Free
Nelson and interested parties to participate at the public workshop; and
5. Notes that going forward, all
public forum requests regarding 5G will be directed to the public workshop
rather than to Council meetings.
|
2. Background
2.1 The
subject of 5G is increasingly becoming of interest to parts of the community
both here in Nelson and elsewhere in New Zealand. At its meeting on 14
November 2019, Council heard from Joe Rafici, a representative of 5G Free
Nelson. Mr Rafici and his supporters asked Council to allow for a time for a
comprehensive presentation on the matter. Subsequently, Council has received a
number of additional requests to speak about 5G.
2.2 The
Office of the Prime Minister's Chief Science Advisor has recently prepared a
paper entitled "5G in Aotearoa New Zealand" which sets out the
Government's science advice regarding 5G. The Ministry for the
Environment is responsible for the National Environmental Standard for
Telecommunication Facilities (NES - TF). Council cannot be more stringent
than what is contained in the NES - TF.
2.3 While
Council’s responsibility lies within managing its natural and physical
resources in accordance with the Resource Management Act, it is not responsible
for contracting companies rolling out 5G technology. Council involvement
would be when Council assets were affected. Council may also advocate to
Government on health and safety matters.
2.4 It
is proposed to facilitate a public workshop for Government representatives,
members of the Nelson community interested in 5G and Nelson City Elected
Members providing an opportunity for the exchange of relevant information in a
coordinated manner.
2.5 All
public forum requests regarding 5G will be directed to the public workshop,
enabling fuller discussion, rather than utilising public forum in Council
meetings. This will ensure a wide range of topics can be covered in public
forum.
Author: Robyn
Byrne, Team Leader Governance
Attachments
Attachment 1: A2311616
5G in Aotearoa New Zealand ⇩
Item 8: 5G in New Zealand: Attachment 1
Item 9: Schedule of
Meetings 2020
|
|
Council
12 December 2019
|
REPORT R13650
Schedule
of Meetings 2020
1. Purpose
of Report
1.1 To
adopt the Schedule of Meetings (the Schedule) for 2020, in accordance with
Clause 19, Schedule 7 of the Local Government Act 2002.
2. Recommendation
|
That the Council
1. Receives the report Schedule of
Meetings 2020 (R13650) and its attachment (A2308328); and
2. Adopts the
schedule of meetings for the 2020 calendar year as set out in Attachment 1 (A2308328).
|
3. Background
3.1 Clause
19, Schedule 7 of the Local Government Act 2002 sets out requirements for
written notification of meetings to elected members.
3.2 It
is standard practice for Council to adopt a schedule of meetings by resolution
in order to meet these legislative requirements.
3.3 Adoption
of the Schedule provides certainty to elected members and allows planning of
other activities around Council business; it assists the efficiency of Council
officers in the preparation and timing of reports to Council and
Committees. It is also helpful to inform members of the public when
meetings will be taking place.
4. 2020
Schedule
4.1 The
proposed Schedule is based on a six weekly cycle for Council and Committee
Meetings.
4.2 Whilst
not required to be formally included in the Schedule, workshops dates have been
included for ease of reference.
4.3 Meetings
and workshops have been scheduled to take place predominantly on Tuesdays and
Thursdays.
4.4 In
order to accommodate Council business, the Schedule may need to be
amended. However, Elected Members will be given as much notice as
possible of any changes that are necessary.
Workshops
4.5 Officers
have identified that the following workshops are required early in 2020.
· Regulatory Fees
and Charges - SCP starting in March 2020
· Road Occupation
Policy
· Out and About -
following on from engagement with the community, to refresh the existing policy
for walking and cycling
· Smokefree –
Council Resolution as part of the 2019/20 Annual Plan required a workshop to be
held on this topic with partners the Nelson Marlborough District Health Board
and the Nelson Cancer Society
4.6 These
workshops can either be scheduled for Tuesday 28 and Thursday 30 January 2020
or for Wednesdays 19 and 26 February 2020. They are currently showing in the
schedule as proposed workshops on Tuesday 28 and Thursday 30 January 2020.
5. Options
5.1 Council
can choose to either adopt the proposed Schedule for 2020, amend the proposed
Schedule or not adopt the proposed Schedule.
5.2 The
preferred option is for the proposed Schedule for 2020 to be adopted.
Author: Mary
Birch, Manager Governance and Support Services
Attachments
Attachment 1: A2308328 Councillors
Calendar 2020 ⇩
|
Important considerations for decision making
|
|
1. Fit
with Purpose of Local Government
Adopting a schedule of meetings is in accordance
with Schedule 7 of the Local Government Act 2002. Adoption of the proposed
Schedule of Meetings 2020 assists Council in enabling democratic
decision-making as efficiently and effectively as possible.
|
|
2. Consistency
with Community Outcomes and Council Policy
Having a schedule of meetings supports the Community
Outcome of “Our Council provides leadership and fosters
partnerships, a regional perspective, and community engagement” as
it provides everyone with an opportunity to participate in the
community’s major decisions by knowing when meetings will be held.
|
|
3. Risk
There is a
minor risk associated with adopting an annual schedule as not all information
is known at this time and therefore, some changes may still be needed in the
future.
|
|
4. Financial
impact
There are no direct budgetary consequences related
to the decision to adopt the Schedule of meetings 2020.
|
|
5. Degree
of significance and level of engagement
This matter is of low significance. It relates
to the adoption of an administrative document detailing when meetings and
workshops are proposed. Therefore, no public engagement is required.
|
|
6. Climate
Impact
This decision will have no impact the ability of the
Council or District to proactively respond to the impacts of climate change
now or in the future.
|
|
7. Inclusion
of Māori in the decision making process
No engagement with Māori has been undertaken in
preparing this report.
|
|
8. Delegations
This is a
decision for Council.
|
Item 9: Schedule of Meetings 2020: Attachment 1
Item 10: Parking and
Vehicle Control Bylaw changes to accommodate new parking technology
|
|
Council
12 December 2019
|
REPORT R11510
Parking
and Vehicle Control Bylaw changes to accommodate new parking technology
1. Purpose
of Report
1.1 Following
consultation under s82 of the Local Government Act 2002 (LGA), the report
recommends the Parking and Vehicle Control Bylaw 2011 (No. 207) (the Bylaw) is
amended.
2. Summary
2.1 The
proposed amendments to the Bylaw are required to support pay-by-plate and are
intended to make the Bylaw relevant to new and future parking technology.
Following public consultation and legal considerations officers recommend
adoption of the amended Bylaw.
3. Recommendation
|
That the Council
1. Receives the report Parking and
Vehicle Control Bylaw changes to accommodate new parking technology (R11510)
and its attachments (A2304375 and A2283924) and;
2. Determines that the amendments do
not give rise to any implications under the New Zealand Bill of Rights Act
1990 and the amended Parking and Vehicle Control Bylaw is the most
appropriate form of Bylaw; and
3. Adopts the Parking and Vehicle
Control By-law as amended and appended to this report as Attachment 1
(A2304375); and
4. Determines that the Parking and
Vehicle Control Bylaw will come into operation on 1 July 2020
|
4. Background
4.1 Council
considered the renewal of the parking meters at the 8 August 2019 meeting where
it was resolved:
“Approved
that the existing parking meters be renewed using Pay-by-Plate technology and
that tenders be called for on this basis; and
Determined 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
Determined 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
Noted that,
following completion of the consultation process, a report will be brought back
to Council to decide on changes to the Bylaw”
4.2 Council
has sought tenders to change to a “Pay by Plate” parking system.
4.3 As
reported to Council on 8 August 2019, the wording of the existing bylaw is
specific to the current parking system, and would not apply to a different
system, and it does not adequately deal with one of the problems arising under
the current parking system (repeat use of free parking).
4.4 The
proposed amendments to the Bylaw are intended to make it
technology–neutral to the extent possible, to support both pay-by-plate
and future parking technology and infrastructure; and to address the problem of
repeat use of free parking and subsequent loss of income.
4.5 Officers
prepared an amended version of the Bylaw with minor terminology changes to
remove the specific references to the current parking system and replace these
with terms that will support pay-by-plate and which are more technology and
infrastructure neutral. The proposed amendments also reflected that only one
hour of free parking will be available per vehicle per calendar day under the
new parking technology.
4.6 The
proposed amendments to the Bylaw were made available for consultation and
feedback on the proposed changes was invited through a communications and
engagement plan that included Our Nelson, a media release, targeted newsletters
through Uniquely Nelson and social media. Consultation was carried out for four
weeks between 18 September and 16 October.
4.7 A
copy of the Bylaw, incorporating proposed changes is appended as Attachment 1.
5. Discussion
5.1 A
total of five submissions were received and are appended as Attachment 2.
5.2 One
submitter questioned Nelson City Councils legal authority to charge for parking
on public roads. This is beyond the scope of the proposed amendments to the
Bylaw, however Council as the road controlling authority has the power to make
(and change) bylaws for the purpose of controlling parking on legal road; and
Council also considers any implications under the New Zealand Bill or Rights
Act 1990 as part of that bylaw making process.
5.3 One
submitter expressed concern about technology employed by the new meters and
felt Council had not clearly explained what the new technology was in detail,
expressing concern about 5G technology and perceived impacts on health.
Council does not hold any information on what telecommunications companies
plans or timetables are with regard to installing 5G infrastructure.
Connectivity to the new devices will be by cellular connectivity or via our
existing CBD wifi network which does not use 5G. A full “frequently asked
questions” page is part of the planned communications plan that will be
issued once a solution has been selected and roll out is planned.
5.4 Two
submitters were concerned that the technology would only allow 1 hour free
parking per vehicle on any given calendar day, and that this was unfair on some
who shared vehicles or who took short but multiple visits into the city
centre. There is evidence to suggest relaxing the one hour free rule will
result in abuse of the free car parking initiative, resulting in some all-day
unpaid parking in the CBD and a continued loss of parking revenue to
council.
5.5 One submission openly supported pay by plate
technology and the changes to the words in the bylaw which will mitigate abuse
of the one free parking initiative. This submitter raised some questions about
control of parking in Council reserves which have been passed to the Parks and
Reserves team for consideration and is beyond the scope of the proposed
amendments.
5.6 Since consultation closed officers have become aware
that, in the proposed amendments to Schedule 11 to the Bylaw, some words that
were intended to be deleted or replaced inadvertently were not. These words
refer to the existing parking system; in particular to defined terms that are
deleted in the Bylaw. In the context of all the proposed amendments
to the Bylaw, it is apparent that the retention of these words is
unintentional. Officers consider that correcting these minor errors is within the
scope of the proposal consulted on – and will give full effect to the
changes proposed in the consultation. Officers do not consider that
correcting these errors require any further consultation.
6. Legal
considerations
6.1 Council
is empowered to make and amend the Parking Bylaw under the Land Transport Act
1998, however bylaw making is a local authority process and the bylaw making
requirements as set out in the Local Government Act 2002 (LGA) also apply.
6.2 Section
155(1) of the LGA requires that Council determine whether amendment to the
Bylaw is the most appropriate way of dealing with the problem before commencing
the process for amending the bylaw. This was determined by Council on 8 August
2019.
6.3 At
the same meeting, Council determined that 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, was under s82
LGA. Officers carried out consultation described in paragraph 3.6 above to give
effect to s 82 LGA requirements, as required by s 156(1)(b) LGA.
6.4 Having
determined that amendment to the Bylaw is the most appropriate way of
addressing the perceived problem, before Council amends a bylaw, section 155(2)
LGA requires Council to determine whether the proposed amendment to the Bylaw
is the most appropriate form of amendment to the Bylaw and whether it gives
rise to any implications under the New Zealand Bill of Rights Act (NZBORA).
6.5 Officers
consider the proposed amendments to the Bylaw address the problems that the
existing Bylaw would not support renewal of Council’s parking
infrastructure and technology via pay-by-plate, and a problem arising under the
current parking system (repeat use of free parking); and that these amendments
are therefore the most appropriate form of amendments to the Bylaw.
6.6 Officers
consider that Council may adopt the corrected version of the proposed
amendments to the Bylaw without further consultation (see discussion at para
5.6 above). This is because doing so would not amount to a fundamental
change to the proposed amendments consulted upon. Officers consider the
consultation was clear as to the purpose of the proposed amendments to the
Bylaw, and that it is apparent from the rest of the proposed amendments that
the references in Schedule 11 to the existing parking system were inadvertent
and minor errors. The corrected version of the proposed amendments better gives
full effect to the changes required to support pay-by-plate and which were
consulted upon. Further, if the errors were in a bylaw already made, they
could be corrected by Council resolution without consultation under s 156(2)(a)
LGA – which permits minor errors to be corrected.
6.7 Council
officers have considered whether the proposed Bylaw changes give rise to any
implications under the NZBORA. The Bylaw is considered an appropriate way of
managing a range of road user behaviours in regard to parking and vehicle
control. At the time the Bylaw was last entirely reviewed, NZBORA
implications were considered. The proposed amendments to the Bylaw are limited
to allowing for a new system for Council to manage and enforce parking, and to
address a problem arising under the current parking system (repeat use of free
parking); and do not introduce any new substantive requirements. The proposed
amendments do not introduce restrictions on individual freedom or
movement. The proposed amendments to the Bylaw are therefore considered
consistent with the NZBORA requirements.
7. Options
7.1 Officers’
preference is Option 1 that includes adoption of all proposed amendments as
stated in the attached version (Attachment 1) and consulted on under s82 of the
LGA.
|
Option 1: Adopt the bylaw
proposed wording changes from 1 July 2020 in line with new meter installation
|
|
Advantages
|
· Award
of parking meter tender, parking app and enforcement system can proceed
with certainty that future enforcement of parking is supported by the bylaw
· Supports
previous resolution that existing parking meters be
renewed using pay-by-plate technology
|
|
Risks and Disadvantages
|
· None
|
|
Option 2: Do not change the
bylaw
|
|
Advantages
|
· None
|
|
Risks and Disadvantages
|
· Limits
any replacement of existing parking meters to systems that use paper tickets
for display.
· Would
not allow progress to continue to replace current parking system with pay-by-
plate.
|
8. Conclusion
8.1 The
proposed amendments to the Bylaw are required to support pay-by-plate and are
intended to make the Bylaw relevant to new and future parking technology.
9. Next
Steps
9.1 In
reaching a decision regarding the proposed amended Bylaw the Council needs to
determine the proposed amended Bylaw is the most appropriate form of bylaw and
does not give rise to any implications under the NZBORA.
9.2 Award
tender for new meters – December 2019.
9.3 Tender
for the Parking App and the enforcement system in December2019 /January 2020.
9.4 Update
financial systems and carry out pre-implementation/integration testing. January
through to April 2020.
9.5 Commence
community information and education programme. April/May/June 2020.
9.6 Install
machines in the last week of June 2020 in line with the new Bylaw becoming
effective 1 July 2020.
Author: Margaret
Parfitt, Manager - Transport and Solid Waste
Attachments
Attachment 1: A2304375 Draft updated
Parking and Vehicle Control Bylaw incorporating amendments ⇩
Attachment 2: A2283924
Submissions received on proposed Bylaw amendment ⇩
|
Important
considerations for decision making
|
|
1. Fit
with Purpose of Local Government
This Bylaw change is aligned with the purpose of
Local Government in enabling “democratic decision-making and action by,
and on behalf of, communities” as it enables and reflects support for a
publically requested renewal project that meets the current and future needs
for good quality infrastructure for parking control.
|
|
2. Consistency
with Community Outcomes and Council Policy
This Bylaw change supports a renewal project within
the 2018-28 Long Term Plan to provide smarter options for parking in the City
Centre.
|
|
3. Risk
This bylaw change supports smarter parking payment
tied to the renewal of parking meters. Not supporting the Bylaw change will
limit council to existing meter technology resulting in continuing with paper
tickets, high costs associated with paper tickets, and limited enforcement of
the parking limits and fees.
|
|
4. Financial
impact
The recommendations will require staff time to
administer the proposed changes but this is expected to be accommodated
within existing resources.
|
|
5. Degree
of significance and level of engagement
As reported to Council at the 8 August 2019 meeting,
having considered the proposed amendments to the Bylaw (to enable a new
parking system) and Council’s Significance and Engagement policy,
officers concluded this matter is of low significance and that the special
consultative procedure was not required. Officers recommended to Council that
a s82 consultation process was required. Council determined On 8 August that
this was the appropriate level. Consultation giving effect to s 82 has been
carried out.
|
|
6. Climate
Impact
This decision will have no impact
on the ability of the Council or District to proactively respond to the
impacts of climate change now or in the future.
|
|
7. Inclusion
of Māori in the decision making process
No engagement with Māori has been undertaken in
preparing this report.
|
|
8. Delegations
The
parking meter renewal project crosses the responsibilities of more than one
Committee, therefore the matter was been brought to Council for a decision.
|
Item 10: Parking and Vehicle Control Bylaw changes to accommodate
new parking technology: Attachment 1
Item 10: Parking and
Vehicle Control Bylaw changes to accommodate new parking technology: Attachment
2
Item 11: Infrastructure
Capital Projects Supplementary Report: Additional Funding
|
|
Council
12 December 2019
|
REPORT R13669
Infrastructure
Capital Projects Supplementary Report: Additional Funding
1. Purpose
of Report
1.1 To
provide Council with additional information following the request from the
Infrastructure Committee on the matter of requiring additional funding for
three capital projects.
1.2 To
approve additional funding for St Vincent Street sewer renewal, Saxton Creek
upgrade and Railway Reserve underpass that will allow work to progress this
financial year.
2. Recommendation
|
That the Council
1. Receives the report Infrastructure
Capital Projects Supplementary Report: Additional Funding (R13669); and
2. Approves additional funding of
$420,000 to progress the St Vincent Sewer renewal in 2019/20; and
3. Approves the additional funding of
$700,000 in 2019/20 and funding of $2,100,000 in 2020/21 (an additional
$1,800,000 over the Long Term Plan) to complete the Saxton Creek Upgrade
between Champion Road and Main Road Stoke; and
4. Approves the additional funding of
$244,000 in 2019/20 to complete the Railway Reserve underpass and associated
civil approach works, noting that the culvert underpass has been ordered and
that officers are to still make application for NZTA subsidy.
|
3. Background
3.1 The
Infrastructure Committee resolved on 21 November 2019 to recommend to Council
additional funding to complete three projects.
3.2 This
report provides additional information for this additional funding required to
complete these three projects within Council’s LTP - St Vincent St Sewer
renewal, Saxton Creek upgrade and Railway Reserve underpass.
4. Discussion
4.1 Each
of the three projects are detailed below.
St Vincent
Street Sewer renewal
4.2 The
project budget for this financial year is insufficient as a result of an
increased length of sewer to be renewed along with a need to increase the pipe
diameter to allow for future development. Additional budget of $420,000 is
required in 2019/20 to enable works to be completed.
4.3 The
total current budget for this project is $385,000, currently planned to be
undertaken in 2019/20. If approved, the adjusted budget will be $805,000 in
2019/20.
Saxton Creek
Upgrade
4.4 The
upgrade of the Saxton Creek was deemed a priority project following the 2013
extreme rainfall event that caused severe flooding in the area. The portion
between Main Road Stoke and Champion Road was tendered and awarded in 2015,
with the works to be undertaken across three stages. Stages 1 and 2 have been
completed.
4.5 The
resource consent for stage 3 was finalised and landowner agreements secured and
this has allowed physical works to commence.
4.6 Stage
4 (Main Rd Stoke to the sea) has been programmed for 2020/21 to 2022/23, and is
dependent on successful negotiation with landowners.
4.7 The
total remaining project budget is currently phased as follows:
|
|
2018/19
|
2019/20
|
2020/21
|
Total
|
|
LTP Budget
|
$2,795,598
|
$367,920
|
$0
|
$3,163,518
|
|
Subsequent amendments
|
$(2,000,598) *
|
$932,080 **
|
$0
|
$(1,068,518) ***
|
|
Current operating budget
|
$795,000
|
$1,300,000
|
$0
|
$2,095,000
|
Notes:
* Council approved $2M to be
released via the Carry-over report 17/18.
** Council approved additional
$0.932M through the 18/19 Annual Plan.
*** $1.068M as outstanding funds
not yet reinstated.
4.8 The
contract for this project was awarded to Downer in 2015 and was based on
completing the entire work between Champion and Main Road Stoke over three
stages. One contract was let to ensure continuity and Downer completed stages
one and two in 2016 and 2017. The project has seen several frustrating delays
over the past four years due to protracted negotiations with numerous
landowners as well as a change in several of these landowners.
4.9 The
cost to the overall project has increased for several reasons, including the
time that has passed since original award, the inclusion of more stringent
environmental requirements, increased health and safety requirements, changes
to bridge design standards and the need to change construction methodology
following the completion of multiple adjoining developments including the
nearby Summerset Retirement village.
4.10 These
changes have increased the overall project budget to $4.9M. The approved LTP
budget is $3.1M, so an additional $1.8M is required.
4.11 The
additional funding has been audited against Council’s procurement policy,
and the rates have been assessed and peer reviewed through full costing
breakdowns and are deemed reasonable.
4.12 Officers
are looking to progress the start of the new bridge work in December, with the
additional funds to be utilised for the downstream upgrade works, from January
2020 onwards.
4.13 This
work is seen as a priority due to the flood protection benefits to be gained
for Nelson ratepayers. Additional benefits include
new shared paths providing linkages from Champion Road to Saxton Field which
will encourage modal shift (for all residents including the new retirement
village), improved fish passage and stormwater detention that provides
recreational use. Approvals are sought to continue with the construction works
as programmed as below:
4.13.1 Include
additional funding of $700,000 in 2019/20;
4.13.2 Include
additional funding of $2,100,000 in 2020/21, broken down as follows:
· To reinstate $1,068,518 from the 2018/19 LTP budget.
This figure was released following the 2017/18 Carryover report 2018/19 Annual
Plan.
· Additional $1,031,482.
4.14 If
approved, the adjusted budget and phasing will be:
|
|
Year 1 2018/19
|
Year 2 2019/20
|
Year 3 2020/21
|
Total
|
|
LTP Budget
|
$2,795,598
|
$367,920
|
$0
|
$3,163,518
|
|
|
|
|
|
|
|
Current Operating Budget
|
$795,000
|
$1,300,000
|
$0
|
$2,095,000
|
|
Proposed Budget
|
$865,017
|
$2,000,000
|
$2,100,000
|
4,965,017
|
|
Difference Current
Operating Budget and Proposed Budget
|
$2,870,017
|
|
Difference LTP Budget
and Proposed Budget
|
$1,801,499
|
Railway Reserve
underpass
4.15 The
lower end of the Tasman Heights development is underway and requires the
developer to construct their access road and signalised intersection (both at
their cost) to Waimea Road.
4.16 The
access road crosses the potential future arterial access corridor, (previously
known as the Southern Link). The developer’s resource consent required
the access road to go under any future access corridor. The developer has since
sought and secured a variation to their consent to have the access road come in
at grade and NZTA have given landowner approval to this variation and have also
agreed that should any future access corridor be required that all works
associated with the design and physical works will be at NZTA cost.
4.17 The
old railway reserve is a major pedestrian/cycleway path that crosses the
subdivision access road. Council is responsible for the cost of constructing a
crossing facility – either at-grade or an underpass.
4.18 The
development has been dormant for many years now, but due to commercial
arrangements is now moving ahead with speed. The developer/s intention is to
construct the subdivision access road and the signalised intersection by July
2020 and work on the access road has already commenced.
4.19 In
order for Council not to delay the developer, Council needs to install the
underpass culvert that will allow the developer to build their access road.
Whilst the underpass is a more expensive option than an at-grade crossing,
officers believe that the underpass is a better solution from both a safety and
level-of-service point of view.
4.20 Getting
the culvert installed early will also ensure that Council does not have to come
back later and dig up works already completed by the developer.
4.21 There
are two stages to the underpass work - the culvert
itself and the civil works associated with the approaches to it. Council has explored several options from suppliers
to supply and deliver a culvert to site by February 2020 to ensure no delays to
the developer and as a result the culvert has been ordered.
4.22 The
Infrastructure Committee resolved to recommend to Council additional budget for
this work. The revised cost estimate, following a more detailed estimate, is
shown in the table below:
|
Item
|
Amount
|
Notes
|
|
Culvert
|
$187,000
|
|
|
Civil works
|
$412,000
|
|
|
Design fees
|
$ 75,000
|
|
|
Sub-total
|
$674,000 (*)
|
|
|
Less budget
|
$430,000
|
NZTA Low Cost Low Risk subsidised category
|
|
Shortfall
|
$244,000
|
|
(*) includes design,
administration and a 20% contingency.
4.23 Officers
are exploring the best way to deliver the civil works including using the
developer, subject to NZTA procurement policy and securing the best value for
Council. The reasons for this approach include:
· Using an established
contractor already on site;
· Removing conflicts of
two separate contractors on site (developer and NCC); and
· Ensuring work is
undertaken seamlessly.
4.24 Based
on the extraordinary circumstances and urgency, NZTA approval has been sought
to secure the 51% Financial Assistance Rate. No commitment has been provided by
NZTA. Should this be approved by NZTA, Council’s cost will only be in the
order of $337,000. If unsuccessful the cost to Council will be the full
estimate of $674,000 for the underpass and associated civil works.
4.25 It
is noted that Council had allocated $320,000 of non-subsidised funding to
contribute to the Tasman District Council (TDC) Champion Road underpass in the
2020/2021 financial year. TDC have resolved to proceed with an at-grade
crossing point and the NCC contribution will no longer be required and this
saving can offset these additional costs.
5. Conclusion
5.1 St
Vincent St Sewer Renewal - The overall project requires the additional funding
of $420,000 to support future development and support Council’s ability
to meet the required Level of Service.
5.2 Saxton
Creek Stage 3 Upgrade - The additional funding of $1.8M requested will enable
the works to be completed utilizing the incumbent contractor. The benefits of
this include the ability to meet Council’s time pressures for development
in nearby areas along with advancing the works within a very buoyant
contracting sector.
5.3 Railway
Reserve underpass - The overall additional budget requested is $244,000 and
this can be offset by the $320,000 grant to TDC for the Champion Road
underpass, now no longer required as TDC have opted for at grade crossing at
Champion Road.
5.4 It
is predicted that there will be genuine savings at the end of the year, which
will further offset this additional expenditure, but this cannot be quantified
at this stage.
Author: Lois
Plum, Manager Capital Projects
Attachments
Nil
|
Important considerations for decision making
|
|
1. Fit
with Purpose of Local Government
Providing core infrastructure is a good fit with the
purpose of Local Government and serves to promote the social, economic,
environmental and cultural wellbeing of the community. The proposed changes
in phasing support efficient and effective delivery of these projects, which
provides economic and social wellbeing benefits to the community.
|
|
2. Consistency
with Community Outcomes and Council Policy
The recommendation for St Vincent sewer renewal is
an amendment to the LTP budget.
The recommendation for Saxton Creek upgrade is an
amendment to the LTP budget and phasing.
The recommendation for the Railway Reserve underpass
is an amendment to the LTP budget.
All recommendations support the following NCC
Community Outcomes – “Our unique environment is healthy and
protected”; “Our infrastructure is efficient, cost effective and
meets current and future needs”; “Our communities are healthy,
safe, inclusive and resilient”.
|
|
3. Risk
Renewing the St Vincent sewer reduces the risk to
council of overflows whilst at the same time future proofing the asset for
future development.
Upgrading Saxton Creek Upgrade reduces the risk of
flooding to Nelson properties.
The risk to the underpass and associated civil works
is that NZTA may not subsidise the work and that the full cost may rest with
Council. If that is the case some other work programmed in the Low Cost Low
Risk category will need to be deferred and this will be reported back in the
next Quarterly report to Infrastructure.
|
|
4. Financial
impact
For 2019/20, total additional budget of $1,364,000
is requested. This includes the additional budget of $244,000 for 2019/20 for
the Railway Reserve underpass which can be offset by the savings of $320,000
(grant to TDC for the Champion Road underpass), following cancellation of the
underpass construction.
|
|
5. Degree
of significance and level of engagement
St Vincent sewer renewal – the impact of this
work is to reduce the likelihood of sewer overflows to the community. No
further engagement is deemed necessary.
Saxton Creek Upgrade – this continuation of
the upgrade is part of a larger piece of work that will benefit all
downstream Nelson residents and businesses and is expected by these
ratepayers. No further engagement is required.
Railway Reserve underpass – This work will
maintain unimpeded access for walkers and cyclists.
|
|
6. Climate
Impact
St Vincent sewer renewal – the upgrading of
the sewer network reduces overflows and addresses inflow and infiltration.
Part of the benefit of the Saxton Creek upgrade is
the provision of new shared paths that will provide linkages from Champion
Road to Saxton Field which will encourage modal shift (for all residents
including the new retirement village). This supports walking and cycling and
will reduce greenhouse gas emissions and allows Council to proactively
respond to the impacts of climate change.
The Railway Reserve underpass support walking and
cycling and will reduce greenhouse gas emissions and will allow Council to
proactively respond to the impacts of climate change.
|
|
7. Inclusion
of Māori in the decision making process
No engagement with Māori has been undertaken in
preparing this report.
|
|
8. Delegations
The Areas of Responsibility
for the Infrastructure Committee include:
· Transport network,
including, roading network and associated structures, walkways, cycleways and
shared pathways, footpaths and road reserve, street lighting, traffic
management control and parking.
· Wastewater, including
Bell Island Wastewater Treatment Plant
· Stormwater and Flood
Protection
Powers to Recommend to Council:
In the following situations the committee may
consider matters within the areas of responsibility but make recommendations
to Council only (in accordance with sections 5.1.3 - 5.1.5 of the Delegations
Register):
• Unbudgeted
expenditure relating to the areas of responsibility, not included in the Long
Term Plan or Annual Plan
|