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
Opening Karakia
1. Apologies
Nil
2. Confirmation of Order of Business
3.1 Updates to the Interests Register
3.2 Identify any conflicts of interest in the agenda
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. |
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. |
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
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 - 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) |
Nelson City Council Minutes - 13 February 2020
Minutes of a meeting of the Nelson City Council
Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson
On Thursday 13 February 2020, commencing at 9.03a.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 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.
Resolved CL/2020/001 |
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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 |
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.
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 |
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.
Resolved CL/2020/003 |
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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. |
Her Worship the Mayor/Fulton Carried |
8. Exclusion of the Public
Resolved CL/2020/004 |
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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 |
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
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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 |
3 |
Mayor's Report
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Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7 |
The withholding of the information is necessary: · Section 7(2)(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:
1 |
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. |
There being no further business the meeting ended at 10.56a.m.
Confirmed as a correct record of proceedings:
Chairperson Date
Minutes of an extraordinary meeting of the Nelson City Council
Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson
On Thursday 5 March 2020, commencing at 1.00p.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, 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
Resolved CL/2020/008 |
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That the Council 1. Receives and accepts an apology from Councillor Rainey. |
Her Worship the Mayor/Edgar Carried |
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.
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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Her Worship the Mayor/Fulton Carried |
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Attachments 1 A2351246 Principles of Collaboration - Nelson City Council Wakatu Denmark (Updated).pdf |
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 |
REPORT R15875
Mayor's Report
1. Purpose of Report
1.1 To update Council on current matters.
2. Recommendation
1. Receives the report Mayor's Report (R15875). |
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
Item 7: Adoption of the Consultation Document and supporting information for the 2020/21 Annual Plan
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Council 12 March 2020 |
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
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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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 |
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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 |
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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