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
March 2020
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
5. Confirmation
of Minutes
5.1 13
February 2020 6 - 11
Document number M6686
Recommendation
|
That the Council
1. Confirms the minutes of the meeting
of the Council, held on 13 February 2020, as a true and correct record.
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5.2 Extraordinary
Meeting - 5 March 2020 12 - 14
Document number M7738
Recommendation
|
That the Council
1. Confirms the minutes of the
extraordinary meeting of the Council, held on 5 March 2020, as a true and
correct record.
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6. Mayor's Report 14 - 16
Document number R15875
Recommendation
|
That
the Council
1. Receives
the report Mayor's Report (R15875).
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7. Adoption of the
Consultation Document and supporting information for the 2020/21 Annual Plan 17 - 117
Document number R14842
Recommendation
|
That
the Council
1. Receives the report Adoption of the
Consultation Document and supporting information for the 2020/21 Annual Plan
(R14842) and its attachments (A2355273 and A2355138); and
2. Adopts the supporting information
described in paragraph 5.1 of this report (A2355138); and
3. Adopts the Consultation
Document for the Annual Plan 2020/21 (A2355273);
and
4. Agrees that the Mayor, Deputy Mayor
and Chief Executive be delegated to approve any minor amendments
required to the supporting information or the Consultation Document prior to
the start of the consultation period; and
5. Approves the consultation
approach (set out in paragraphs 5.2 and 5.3 of this report (R14842)) and
agrees that the approach meets the requirements of section 82 of the Local
Government Act 2002.
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CONFIDENTIAL Business
8. Exclusion of the Public
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
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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)
|
|
1
|
Council Meeting - Confidential Minutes
- 13 February 2020
|
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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Nelson City Council Minutes - 13
February 2020
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 Community Services (R Ball), Group
Manager Corporate Services (N Harrison), Group Manager Strategy and
Communications (N McDonald), Acting Group Manager Environmental Management (M
Bishop), and Governance Adviser (E-J Ruthven)
Karakia Timatanga
Councillor Sanson led the opening karakia.
Attendance: Councillor Brand joined the meeting at
9.04a.m.
1. Apologies
There were no apologies.
2. Confirmation of
Order of Business
There was no change to the order
of business.
3. Interests
There were no updates to the
Interests Register.
Councillor McGurk subsequently
declared an interest in an update provided in the confidential Mayor’s
Report, and left the meeting at 10.39a.m. when the item was discussed.
4. Public Forum
There was no public forum.
5. Confirmation of
Minutes
5.1 12
December 2019
Document number M6628, agenda
pages 6 - 20 refer.
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Resolved CL/2020/001
|
|
|
That
the Council
1. Confirms
the minutes of the meeting of the Council, held on 12 December 2019, as a
true and correct record.
|
|
McGurk/Edgar Carried
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6. Mayor's Report
Document number R13766, agenda
pages 21 - 24 refer.
Her Worship the Mayor presented
the report and provided updates regarding the following additional matters:
· drought conditions
in the wider region and Council’s plans to work closely with Tasman
District Council on this issue;
· novel coronavirus,
its impacts on Nelson’s Sister Cities of Huangshi and Yangjiang and how
Council could support its Sister City communities; and
· waste minimisation
initiatives regarding the collection of food waste from commercial premises,
and how Council could potentially support such initiatives.
Officers answered questions and
elected members provided feedback on these matters.
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Resolved CL/2020/002
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|
|
That
the Council
1. Receives
the report Mayor's Report (R13766) and its attachments (A2335353); and
2. Updates
the Delegations Register to reflect the amended Tenders Subcommittee
Delegations (A2335353).
|
|
Her Worship the Mayor/Edgar Carried
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7. Nelson Tasman
Climate Charter
Document number R13757, agenda
pages 25 - 35 refer.
Climate Change Champion, Chris
Cameron, and Group Manager Strategy and Communications, Nicky McDonald,
presented the report.
Mr Cameron and Ms McDonald
answered questions regarding the role of the climate change forum, the
importance of community engagement for climate change matters, the proposed
wording of the Climate Charter and the potential for involvement from other
Councils, businesses, organisations and individuals across Te Tauihu in the
Climate Change forum.
Elected members discussed the
proposed wording of the Charter and gave feedback, including potential minor
changes to wording to be considered.
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Resolved CL/2020/003
|
|
|
That
the Council
1. Receives
the report Nelson Tasman Climate Charter and its attachment (A2332108); and
2. Authorises
Her Worship the Mayor to sign the Nelson Tasman Climate Charter on behalf of
Nelson City Council; and
3. Agrees
that having signed the Nelson Tasman Climate Charter, Council will
participate in the Nelson Tasman Climate Change Forum; and
4. Appoints
Her Worship the Mayor, the Chairperson of the Environment Committee and
Council’s Climate Change Champion as the Nelson City Council
representatives on the Nelson Tasman Climate Change Forum.
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Her Worship the Mayor/Fulton Carried
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8. Exclusion
of the Public
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Resolved CL/2020/004
|
|
|
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/Courtney 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
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Council Meeting - Public Excluded
Minutes - 12 December 2019
|
Section 48(1)(a)
The public conduct of this matter would
be likely to result in disclosure of information for which good reason exists
under section 7.
|
The withholding of the information is
necessary:
· Section
7(2)(a)
To protect the
privacy of natural persons, including that of a deceased person
· Section 7(2)(g)
To maintain
legal professional privilege
· Section 7(2)(h)
To enable the
local authority to carry out, without prejudice or disadvantage, commercial
activities
· Section 7(2)(i)
To enable the local authority to carry on, without
prejudice or disadvantage, negotiations (including commercial and industrial
negotiations)
· Section 7(2)(b)(ii) To protect information where the
making available of the information would be likely unreasonably to prejudice
the commercial position of the person who supplied or who is the subject of
the information
|
|
2
|
Appointment of Independent Chair to the Saxton Field
Committee
|
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
|
|
3
|
Mayor's Report
|
Section
48(1)(a)
The public
conduct of this matter would be likely to result in disclosure of information
for which good reason exists under section 7
|
The withholding of the information is
necessary:
· Section
7(2)(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 confidential session at 10.24a.m. and resumed in public session at 10.56a.m.
Restatements
It was resolved while the public was
excluded:
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1
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PUBLIC EXCLUDED:
Appointment of Independent Chair to the Saxton Field Committee
|
|
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That the Council
3. Agrees to make the appointment
public once the role is accepted by the successful applicant.
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There being no further business
the meeting ended at 10.56a.m.
Confirmed as a correct record of
proceedings:
Chairperson
Date
Nelson City Council Minutes - 5 March 2020
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, R
Sanson and T Skinner
In
Attendance: Chief Executive (P Dougherty), Group Manager
Environmental Management (C Barton), Group Manager Corporate Services (N
Harrison), Group Manager Strategy and Communications (N McDonald) and Team
Leader Governance (R Byrne)
Apology: Councillor
Rainey
1. Apologies
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Resolved CL/2020/008
|
|
|
That the Council
1. Receives
and accepts an apology from Councillor Rainey.
|
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Her Worship the Mayor/Edgar Carried
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2. Confirmation of
Order of Business
There was no change to the order
of business.
3. Interests
There were no updates to the
Interests Register, and no interests with items on the agenda were declared.
4. Public Forum
There was no public
forum.
5. Mayor's Report
Her Worship the Mayor advised Council that, following
discussions with the Danish delegation, they had decided to postpone their
scheduled visit. She noted that due to the escalating concerns regarding Covid
19 they needed to focus on core responsibilities of health and care of the
elderly. There was still the opportunity to continue to work on collaboration
with the signatories of the Principles of Collaboration.
6. Principles of
Collaboration between Council, Wakatu Incorporation and Danish organisations
Document number R14859, agenda
pages 4 - 19 refer.
Manager Strategy and Planning,
Mark Tregurtha, presented the report and tabled an updated version of the
Principles of Collaboration, which contained revised wording to extend the
explanation about Nelson City Council and expand areas of cooperation.
Mr Tregurtha answered questions
on release of information, possible future costs - which he advised would be
indicated in the Long Term Plan, and confirmed that the Principles of
Collaboration was an overarching document which may, in future, produce a
Memorandum of Understanding or contract to progress further work. It was noted
that it gave Council access to the significant intellectual knowledge of the
Danish partners.
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Resolved CL/2020/009
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|
|
That
the Council
1. Receives
the report Principles of Collaboration between Council, Wakatu Incorporation
and Danish organisations and its attachment (A2351246); and
2. Endorses
Her Worship the Mayor to sign the Principles of Collaboration on behalf of
Nelson City Council; and
3. Agrees
that the Mayor and Chief Executive be delegated to approve any minor
amendments to the Principles of Collaboration that are required prior to the
signing of the document.
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The motion was put and a
division was called:
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For
Her Worship the Mayor Reese (Chairperson)
Cr Bowater
Cr Brand
Cr Courtney
Cr Edgar
Cr Fulton
Cr Lawrey
Cr O'Neill-Stevens
Cr McGurk
Cr Noonan
Cr Sanson
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Against
Cr Skinner
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Apology
Cr Rainey
|
The
motion was carried 11 - 1.
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|
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Her Worship the Mayor/Fulton Carried
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|
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Attachments
1 A2351246 Principles of Collaboration - Nelson City
Council Wakatu Denmark (Updated).pdf
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There being no further business the meeting ended at 1.52p.m.
Confirmed as a correct record of proceedings:
Chairperson
Date
Item 6: Mayor's Report
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Council
12 March 2020
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REPORT R15875
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 (R15875).
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2. Invitation to join Delegation to Tasmania
2.1 I
have received an invitation to join a delegation to Tasmania to investigate
Taswater.
2.2 The
Department of Internal Affairs (DIA) is taking a delegation of local government
leaders to gain insights into the Tasmanian experience of changing the way they
deliver three waters services. Tasmania’s 29 councils now co-own
Taswater, which supplies the state’s water services on behalf of the
councils.
2.3 The
delegation will meet elected members and officials from the State government,
local government, the regulator and Taswater to hear the different perspectives
on the reform process and outcomes.
2.4 I
have discussed this with the Chief Executive and he supports me taking up this
opportunity. He noted that this will be a unique opportunity to understand the
Government’s thinking with regard to the delivery of three waters
services, identify the strengths and weaknesses of the Taswater model and
perhaps influence Government decision-making.
2.5 It
is anticipated that the delegation will consist of 12-15 Elected Members and
Chief Executives from councils across New Zealand who are interested in three
water reform. The delegation will be based in Hobart and will be four
days including travel to and from New Zealand from 31 March – 3
April. The delegation will be organised by DIA with each participant
being invoiced for costs after the visit. Hon Nanaia Mahuta, the Minister
of Local Government, has indicated she is keen to lead the delegation if she is
available.
2.6 DIA
continues to monitor Covid 19 updates with the Ministry of Health and travel
advisories through the Ministry for Foreign Affairs and Trade. At the time of
writing there was one confirmed case of Covid 19 in Tasmania.
Author: Rachel
Reese, Mayor of Nelson
Attachments
Nil
Item 7: Adoption of the
Consultation Document and supporting information for the 2020/21 Annual Plan
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Council
12 March 2020
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REPORT R14842
Adoption
of the Consultation Document and supporting information for the 2020/21 Annual
Plan
1. Purpose
of Report
1.1 To adopt the Annual Plan 2020/21
Consultation Document and its supporting information.
2. Summary
2.1 Council
is required to prepare and adopt an Annual Plan by 30 June each year. If there
are significant or material changes proposed to the work programme for the year
then a Consultation Document outlining these changes must be prepared and
consulted on. It is an exceptions document, which focuses on the key proposed
variances for that year from what was proposed in the Long Term Plan.
2.2 The
rates rise proposed in the Consultation Document for the Annual Plan
(Consultation Document) for 2020/21 is 3.7%, and the proposed debt at the end
of June 2021 is $108.8 million. Year three of the Long Term Plan 2018-28 (LTP)
proposed a rates rise of 3.1% and debt of $138.6 million. A number of operating
costs have increased from the 2019/20 Annual Plan figures. This has resulted in
the proposed year-on-year rates increase being 0.6% higher than in the amended
Long Term Plan.
3. Recommendation
|
That the Council
1. Receives the report Adoption of the
Consultation Document and supporting information for the 2020/21 Annual Plan
(R14842) and its attachments (A2355273 and A2355138); and
2. Adopts the supporting information
described in paragraph 5.1 of this report (A2355138); and
3. Adopts the Consultation
Document for the Annual Plan 2020/21 (A2355273);
and
4. Agrees that the Mayor, Deputy Mayor
and Chief Executive be delegated to approve any minor amendments
required to the supporting information or the Consultation Document prior to
the start of the consultation period; and
5. Approves the consultation approach
(set out in paragraphs 5.2 and 5.3 of this report (R14842)) and agrees that
the approach meets the requirements of section 82 of the Local Government Act
2002.
|
4. Background
4.1 Council is required to prepare and
adopt an Annual Plan for each financial year. Council must consult before
adopting an annual plan, unless, “the proposed annual plan does not
include significant or material differences from the content of the long-term plan
for the financial year to which the proposed annual plan relates”.
4.2 Council considered proposed
variances to the work programme at workshops in December 2019 and February
2020. The overall effect of the proposed work programme is to reduce the capital
works programme, as set out in year three of the LTP, from $47 million to $41
million (excluding vested assets and staff costs). There have also been some
increases in operational expenditure, and the overall effect of these proposed
changes is an increase in rates of 3.7% and debt at the end of June 2021 of
$108.8 million. These figures compare to year three of the amended LTP which
projected a rates rise of 3.1% and debt of $138.6 million.
4.3 Council discussed a wide range of
matters relating to the draft Annual Plan at workshops in December and
February. As per section 41A of the Local Government Act 2002 (which describes
the role of a mayor in leading the development of the Annual Plan) officers
have worked closely with the Mayor to develop a work programme that takes into
account guidance from the workshops and fiscal and resourcing constraints. The
resulting Consultation Document outlines the main changes to the work programme
from what was proposed in the LTP and is attached (see Attachment 1).
4.4 The
Consultation Document commences with an overview of Council’s vision,
mission and priorities. For 2020/21 it also contains feature pages on climate
change (the lens through which all decisions will be viewed), and
Council’s three focus areas for the year (moving towards a sustainable
transport culture, housing affordability and intensification, and the Riverside
Precinct). These sections explain why Council has chosen to focus on these
areas, and introduce the public to key related projects in our work programme
for 2020/21. The later sections of the Consultation Document set out the main
variations to the LTP by activity area.
5. Discussion
Local Government Act 2002 requirements
5.1 Section 95A of the Local Government
Act (LGA) sets out the purpose and content requirements for the Consultation
Document. The proposed process and draft Consultation Document meets the
requirements of this section.
Supporting information
5.2 In addition to the Consultation
Document, additional financial information (Attachment Two) is proposed to be
made available to the public at the Customer Service Centre, Council libraries
and on Council’s website. This information includes detailed financial
forecasts, changes to the capital expenditure programme, and the proposed
Funding Impact Statement. Supporting information must be adopted before the
Consultation Document, to meet the requirements of Section 95A of the Local
Government Act 2002.
Consultation
5.3 The following are the key methods
proposed to raise public awareness of the consultation process, but these may
be amended as the consultation process progresses:
· A
special edition of Our Nelson to be delivered to households. This is the main
means of publicising the Consultation Document.
· Hard
copies of the Consultation Document to be available from the Customer Service
Centre and Council libraries. The Consultation Document and supporting
information will also be available on the Council website.
· Opportunities
will be provided for the public to discuss the Consultation Document with
elected members and staff, for example a stall at the Saturday Market.
· Copies
of the Consultation Document are available for elected members to take to any
community meetings that they attend during the consultation period.
· Social
media and media releases on the Consultation Document will also be used to
publicise the consultation.
5.4 It is proposed that Council open
submissions on 17 March and close on 17 April, hold hearings on 5 and 7 May for
submitters who wish to speak to their submissions, and deliberate on
submissions on 26 May. This process, together with engagement with the
community during the submission period, is considered to meet the requirements
of the LGA.
6. Options
6.1 Council can either adopt or amend
the Consultation Document. Substantive changes, particularly financial changes,
will require amendments to the timetable for consultation and decision making.
As there is a statutory deadline for adoption of the final Annual Plan, any
substantive changes may result in this timeframe not being met.
|
Option 1: Adopt the
Consultation Document and its supporting information
|
|
Advantages
|
· Meets
the requirements of the LGA
· Community
feedback would be sought, and as a result of this feedback changes to Council’s
work programme can be made before the final Annual Plan is adopted by Council
|
|
Risks and Disadvantages
|
· None
|
|
Option
2: Amend the Consultation Document and its supporting information
|
|
Advantages
|
· If
Council considers that the Consultation Document does not meet its needs or
the needs of the community, Council can direct officers to make further
changes before releasing it for consultation.
|
|
Risks and Disadvantages
|
· Financial
changes are likely to have an impact on the rates rise.
· Substantive
changes to the Consultation Document may mean the final Annual Plan could not
be adopted by 30 June, as required under the LGA.
|
7. Conclusion
7.1 It is recommended that the
Consultation Document be adopted.
Author: Mark
Tregurtha, Manager Strategy
Attachments
Attachment 1: A2355273
- Annual Plan 2020/21 Consultation Document ⇩
Attachment 2: A2355138
- Supporting Financial Information for the Annual Plan 2020/21 Consultation
Document ⇩
|
Important considerations for decision making
|
|
1. Fit
with Purpose of Local Government
Adopting a Consultation Document that covers
proposed changes to the work programme for 2020/21, compared to year three of
the Long Term Plan 2018-28, fits with the purpose of local government as it
allows the community to provide input on Council’s planned work
programme for 2020/21.
|
|
2. Consistency
with Community Outcomes and Council Policy
The proposed changes to Council’s work
programme as set out in the Consultation Document are considered to more
appropriately align resources to achieve its eight community outcomes.
|
|
3. Risk
Adopting the
Consultation Document and its supporting information is considered low risk,
as Council will consider the views of the public before making its final
decisions. The proposed process is in line with the requirements of the LGA.
There is a risk that some members of the public might object to the final
decisions that Council makes. Ensuring a robust consultation process and
explaining the reasons for decisions will help mitigate this risk.
|
|
4. Financial
impact
The financial impact of the proposals in the
Consultation Document are reflected in the resulting proposed rates change
and debt levels.
|
|
5. Degree
of significance and level of engagement
The proposals in the Consultation Document will have
varying degrees of significance to different residents and businesses. The
proposed process which includes providing for online and written submissions,
a hearing, deliberations meeting and responses to submitters is in accordance
with the consultation principles set out in section 82 of the Act.
|
|
6. Climate
Impact
The Consultation Document includes proposed actions
for 2020/21 for Council and the community to work together to mitigate, adapt
to and provide leadership on 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 Council has the responsibility to adopt the
Consultation Document and supporting information, and to consult with the
public on the proposals which are included in the document.
|
Item 7: Adoption of the Consultation Document and supporting
information for the 2020/21 Annual Plan: Attachment 1
Item 7: Adoption of the
Consultation Document and supporting information for the 2020/21 Annual Plan:
Attachment 2
