Minutes of a meeting of the Nelson City Council
Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson
On Thursday 12 December 2019, commencing at 11.07a.m.
Present: Her Worship the Mayor R Reese (Chairperson), Councillors Y Bowater, T Brand, M Courtney, J Edgar, K Fulton, M Lawrey, 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) and Governance Advisers (E Stephenson and E-J Ruthven)
Apologies : Nil
Opening Karakia
There was an opening karakia, followed by a moment of silence acknowledging those who had lost their lives and those who were critically injured in the 9 December 2019 Whakaari eruption.
1. Apologies
There were no apologies.
2. Confirmation of Order of Business
Her Worship the Mayor Reese advised that the order of business would be adjusted in order to progress the meeting efficiently.
There were no updates to the Interests Register.
Councillor McGurk subsequently declared an interest in an item on the Confidential Status Report – Community Housing: Approval of Terms of Sale and left the meeting for the verbal update on that matter.
Councillor Rainey subsequently declared an interest in Item 2.3 – Nelson Centre of Musical Arts – External Review of Business Model and Item 2.4.1 Nelson Cycle Lift Society – Accountability Report on Community Outcomes Grant in the confidential section of the meeting and left the meeting for consideration of those items.
Mr Romany talked about health and safety with reference to 5G, including electromagnetism and cellular inflammation. Mr Romany referred to a Natural Medicine journal and stressed the need for a precautionary principle. He suggested a moratorium to protect people until it was known that 5G was safe.
Mr Mitchell asked for a show of hands of Elected Members that knew anything about 5G a year ago. He reminded Council about its duties regarding public land and its duty to ensure it had a safe roading network. He felt that if it was agreed that 5G was harmful, it was going to be a problem for Council. He spoke of case law as it applied to unformed roads and the Queen’s highways, which included non-council land.
5.1 14 November 2019
Document number M6533, agenda pages 11 - 22 refer.
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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 were dealt with in a separate report on the agenda (Item 11 – Infrastructure Capital Projects Supplementary Report: Additional Funding), which included full decision-making considerations.
6.2 Environment Committee - 28 November 2019
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1. Approves Plan Change 27 to become operative.
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6.3 Community Services Committee - 28 November 2019
6.3.1 Library security - request for unbudgeted expenditure
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1. Approves unbudgeted expenditure of up to $33,000 for community safety services within libraries.
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Document number R13642, agenda pages 23 - 23 refer.
A request for funding for the Danish delegation’s visit in March 2020 was tabled (A2316262). Mayor Reese answered questions regarding the visit. She encouraged Elected Members to take up Equip and SOLGM development courses.
Mayor Reese spoke of Council’s strategic priorities, which included the importance of modal shift, the Maitai River Precinct, localism and housing in the context of climate change risk and resilience and noted the upcoming Housing symposium on 25 February.
The resignation and service of LGNZ Chief Executive, Malcolm Alexander was acknowledged.
Her Worship the Mayor thanked the Chief Executive and staff for their work in 2019.
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1. Receives the report Mayor's Report (R13642); and 2. Approves expenditure of up to $20,000 from the Climate Change Reserve towards the project management of the visit from Denmark scheduled for March 2020. |
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1 A2316262 - Request for funding for the Danish March 2020 visit |
Document number R13676, agenda pages 24 - 39 refer.
Group Manager Environmental Management, Clare Barton, noted a spelling correction in paragraph 2.1 of the agenda report, which should read Joe Rifici, not Rafici.
The addition of the Ministry of Business, Innovation and Employment to clause 3. of the recommendation was suggested.
A request was made to publish the 5G in Aotearoa New Zealand paper by the Office of the Prime Minister’s Chief Science Advisor on Council’s website.
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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 on 5G matters; and 3. Agrees to send an invitation to the Ministry for the Environment, the Office of the Prime Minister's Chief Science Advisor and the Ministry of Business, Innovation and Employment 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.
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Document number R13650, agenda pages 40 - 54 refer.
Manager Governance and Support Services, Mary Birch, spoke to the report and answered questions regarding scheduling of meetings and workshops.
The addition of the two amendments to the schedule was discussed and agreed.
It was noted that there would be further amendments to the schedule, including accommodating the Danish delegation’s visit.
Attendance: Councillor Noonan left the meeting at 12.15p.m.
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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), with the following amendments: · 25 February 2020 is freed up to allow attendance to the Local Government New Zealand Housing Symposium · the proposed January 2020 workshops are rescheduled for February 2020.
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Attendance: Councillor Noonan returned to the meeting at 12.17p.m.
10. Parking and Vehicle Control Bylaw changes to accommodate new parking technology
Document number R11510, agenda pages 55 - 124 refer.
A document containing corrections to the agenda report was tabled (A2315014), together with a tracked changes copy of the Parking and Vehicle Control Bylaw (A2264843).
Manager Transport and Solid Waste, Marg Parfitt, accompanied by Legal Adviser, Madeline Austin, spoke to the errors in the consultation document, which were considered to be minor.
The meeting was adjourned at 12.23p.m. and reconvened at 1.00p.m. Councillors Rainey and Skinner were not present.
Discussion on Item 10 - Parking and Vehicle Control Bylaw changes to accommodate new parking technology, was paused and the Community Action Nelson presentation was accorded precedence.
11. Community Action Nelson
12 Parking and Vehicle Control Bylaw changes to accommodate new parking technology (revisited)
13. Infrastructure Capital Projects Supplementary Report: Additional Funding
Document number R13669, agenda pages 125 - 132 refer.
Manager Capital Projects, Lois Plum, Manager Utilities, David Light, and Manager Transport and Solid Waste, Marg Parfitt, presented the report and answered questions on additional funds being requested.
In response to a question, Ms Parfitt explained the increased amount for funding for the Railway Reserve Underpass, in clause 4. of the recommendation, was because when the matter was considered by the Committee, the estimate was provisional and a significantly increased estimate had now been received. Discussion took place on the reasons for this.
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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.
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Emma Moran, of DLA Piper, was in attendance for Item 5 of the Confidential agenda to answer questions and, accordingly, the following resolution was required to be passed:
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1. Confirms, in accordance with sections 48(5) and 48(6) of the Local Government Official Information and Meetings Act 1987, that 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. |
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1. Excludes the public from the following parts of the proceedings of this meeting. 2. The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows: |
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Item |
General subject of each matter to be considered |
Reason for passing this resolution in relation to each matter |
Particular interests protected (where applicable) |
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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) |
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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
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3 |
Council Status Report - Confidential
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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)(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) |
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4 |
Workplace Improvement Accommodation Options: Next Steps
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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)(h) To enable the local authority to carry out, without prejudice or disadvantage, commercial activities |
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5 |
Greenmeadows Centre - Way Forward
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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)(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) |
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6 |
Appointment of General Manager Nelson Regional Sewerage Business Unit and Nelson Tasman Regional Landfill Business Unit
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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 |
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7 |
Purchase of land for Nelson Regional Sewerage Business Unit purposes
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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)(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) |
The meeting went into public excluded session at 2.18p.m. and resumed in public session at 5.06p.m.
2.3 Governance and Finance Committee - 5 December 2019
2.3.1 Nelson Centre of Musical Arts - External Review of Business Model
This matter was discussed in the confidential section of the meeting. Recommendation 6 was dealt with in the confidential section of the meeting and the remaining recommendations 1,2,3,4,5 and 7, below, were considered in open meeting.
Her Worship the Mayor noted that it was appropriate that the meeting had received officer advice and discussed negotiations in confidential session and made the below decisions in open meeting.
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1. Approves Council taking on the Nelson Centre of Musical Arts’ additional debt of $148,551 in order to reduce the cost of debt financing for the Nelson Centre of Musical Arts; and 2. Agrees that the additional loan of $148,551 will be interest free to Nelson Centre of Musical Arts in line with the existing loan of $680,000; and 3. Requires the Nelson Centre of Musical Arts to repay the amalgamated loan of $828,551, including the existing loan to Council of $680,000; and 4. Agrees to increase the mortgage over the building to $828,551; and 5. Sets the loan repayment terms for Nelson Centre of Musical Arts at $33,000 per year repayable by 31 March 2045, payable quarterly commencing in March 2020, with repayment terms subject to review every five years; and 7. Agrees to provide an additional operational grant of $40,000 in unbudgeted expenditure to Nelson Centre of Musical Arts to cover a budget shortfall in the second half of 2019/20, noting this will bring total operational funding for Nelson Centre of Musical Arts in 2019/20 to $225,000; and 8. Notes that officers will include the total operational funding (CPI adjusted) for future years in the Draft Annual Plan 2020/21 and the Draft Long Term Plan 2021 – 2031. |
Attendance: Councillor McGurk left the meeting at 5.15p.m.
Prior to closing the meeting, Her Worship the Mayor advised that she would write a letter of support on behalf of the Council for the Gondola (Nelson Cycle Lift) proposal, as it would be a recreational asset for the city and for tourism. She clarified that any commitment for funding would go through the draft Annual Plan process and would require public consultation.
Closing Karakia
There was a closing karakia.
Restatements
It was resolved while the public was excluded:
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2.1 |
PUBLIC EXCLUDED: Recycling - The Way Forward |
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That the Council 1. Approves the continuation of recycling in Nelson with reduced commodities (as detailed in Report R10530) with additional funding of $385,000 per annum being sourced for the 2020/21 year from the Solid Waste Reserve account, noting that the additional cost cannot be covered by the Local Disposal Levy of $2.4M that will be received from the Nelson Tasman Regional Landfill Business Unit that year; and 2. Notes that during the change in recycling regime from 1 July 2020, with respect to plastics 3 to 7, contamination rates could increase until Nelsonians settle into the new regime and approves the extra cost of up to $10,000 being funded from the Solid Waste Reserve account; and 3. Notes that if a viable market for plastics 5 is found that Council will continue to collect them; and 4. Approves Council accepting: i) A shared 50/50 risk profile for all commodities (except fibre) resulting from an increase or decrease in commodity prices; and ii) A lower threshold for fibre of -$20/tonne and an upper threshold of $100/tonne for a 50/50 shared risk profile; and noting that any savings or additional costs achieved through this arrangement will be credited/charged to the Solid Waste Reserve Account; and 5. Notes that funding of recycling will have to be reviewed during the 2021/31 Long Term Plan preparation process; and 6. Agrees that the decisions be made publicly available; and 7. Agrees that Report R10350 remain confidential at this time and notes that Attachments A2288261 and A2288267 are publicly available.
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PUBLIC EXCLUDED: Nelson Cycle Lift Society - Accountability Report on Community Grant Outcomes |
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That the Council 1. Agrees that the Nelson Cycle Lift Society has met its requirements to provide a completed business case and annual accounts in order to satisfy the requirements of the Community Grant; and 2. Agrees that the decision only be made publicly available; and 3. Agrees that Report (R13630) and Attachments (A2240890, A2294055, A2294056 and A2294053) remain confidential at this time. |
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3 |
PUBLIC EXCLUDED: Greenmeadows Centre - Way Forward |
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That the Council 5. Agrees that this decision, report and its contents, including any negotiated financial settlement, remain confidential on the basis that disclosure would prejudice Council's negotiating position. |
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4 |
PUBLIC EXCLUDED: Appointment of General Manager Nelson Regional Sewerage Business Unit and Nelson Tasman Regional Landfill Business Unit |
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That the Council 3. Approves that the decisions only be made publicly available once the appointment has been finalised. |
5 |
PUBLIC EXCLUDED: Purchase of land for Nelson Regional Sewerage Business Unit purposes |
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That the Council 5. Approves that the decision be made publicly available once the land has been purchased. |
There being no further business the meeting ended at 5.16p.m.
Confirmed as a correct record of proceedings:
Chairperson
Date