Notice of the ordinary meeting of the

Strategic Development and Property Subcommittee

Te Kōmiti Āpiti, Rautaki / Rawa

Date:		Thursday 11 February 2021
Time:		9.00a.m.
Location:		Council Chamber, Civic House
			110 Trafalgar Street
			Nelson

Agenda

Rārangi take

                     Chair                Cr Gaile Noonan

Members         Her Worship the Mayor Rachel Reese

                         Cr Yvonne Bowater

                         Cr Trudie Brand

                         Cr Tim Skinner

                         Mr John Murray

                         Mr John Peters

                        

 

Pat Dougherty

Quorum: 4                                                                               Chief Executive

 

 

 

 

 

 

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.


Excerpt from Nelson City Council Delegations Register (A11833061)

Strategic Development and Property Subcommittee

Areas of Responsibility

·         Haven Precinct

·         Marina Precinct

·         Campgrounds

·         Strategic properties, as identified in the Property and Facilities Activity Management Plan, excluding

o        Civic House (a matter for Council); and

o        Properties within the Riverside Precinct (a matter for Council)

·         Commercial development proposals

Powers to Decide

·         Appointment of a deputy Chair

·         Developing, monitoring and reviewing strategies, policies and plans, with final versions to be recommended to Council for approval

·         Undertaking informal community engagement on matters within the areas of responsibility

Powers to Recommend to Council

·         Approval of final versions of strategies, policies and plans

·         All other matters within the areas of responsibility or any other matters referred to it by Council

For the Terms of Reference for the Strategic Development and Property Subcommittee, please refer to document A2505915.

 


Strategic Development and Property Subcommittee

11 February 2021

 

 

Page No.

 

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      26 November 2020                                                                         7 - 9

Document number M15293

Recommendation

That the Strategic Development and Property Subcommittee

1.    Confirms the minutes of the meeting of the Strategic Development and Property Subcommittee, held on 26 November 2020, as a true and correct record.

  

6.       Chairperson's Report  

7.       Nelson Marina - Setting fees for 2021/22                   10 - 20

Document number R22544

Recommendation

That the Strategic Development and Property Subcommittee

1.    Receives the report Nelson Marina - Setting fees for 2021/22 (R22544) and its attachment (A2541155); and

2.    Notes the proposed increase in marina fees and charges set out in section 5 of the report Nelson Marina - Setting fees for 2021/22 (R22544) for and its attachment (A2541155); and

3.    Agrees to the consultation approach identified in section 6 of report R22544 for marina fees and charges for 2021/22; and

4.    Notes that following consultation a further report will recommend marina fees and charges for 2021/22 to be set by Council by resolution.

 

       

 

CONFIDENTIAL Business

8.       Exclusion of the Public

Recommendation

That the Strategic Development and Property Subcommittee

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

Strategic Development and Property Subcommittee Meeting - Confidential Minutes -  26 November 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)(a)

     To protect the privacy of natural persons, including that of a deceased person

2

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)(a)

     To protect the privacy of natural persons, including that of a deceased person

·   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)

3

Strawbridge Square Improvements

 

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

4

Brook Valley Holiday Park Long Term Occupancy Compliance

 

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

 

 

 

 

  


Strategic Development and Property Subcommittee Minutes - 26 November 2020

 

Minutes of a meeting of the Strategic Development and Property Subcommittee

Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson

On Thursday 26 November 2020, commencing at 1.06p.m.

 

Present:              Councillor G Noonan (Chairperson), Councillors Y Bowater, T Brand, T Skinner, Mr J Murray and Mr J Peters

In Attendance:    Chief Executive (P Dougherty),  Group Manager Environmental Management (C Barton), Group Manager Strategy and Communications (N McDonald), Governance Adviser (E Stephenson) and Governance Support (P Boutle)

 

Apology:             Her Worship the Mayor Rachel Reese (on Council business)

 

 

1.       Apologies

Resolved SDAP/2020/001

 

That the Strategic Development and Property Subcommittee

1.    Receives and accepts an apology for absence on Council business from Her Worship the Mayor Reese.

Bowater/Brand                                                                             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. Mr John Murray declared an interest in Item 1 of the confidential agenda - Appointment of Council Representative on the Tahuna Beach Camp Inc. Board.

4.       Public Forum 

There was no public forum.

 

5.       Strategic Development and Property Subcommittee Chairperson's Report

Document number R21475, agenda pages 5 refers.

The Chair welcomed members to the inaugural meeting of the Subcommittee and spoke to her report. A correction was noted in the title of the Chairperson on page 5 of the agenda which should have read Chair of the Strategic Property and Development Subcommittee.

Resolved SDAP/2020/002

 

That the Strategic Development and Property Subcommittee

1.    Receives the report Strategic Development and Property Subcommittee Chairperson's Report (R21475).

 

Noonan/Bowater                                                                           Carried

   

 

Attendance: Mr Murray left the meeting at 1.10p.m. as he had previously declared an interest in Item 1 of the Confidential agenda - Appointment of Council Representative on the Tahuna Beach Camp Inc. Board

 

6.       Exclusion of the Public

Resolved SDAP/2020/003

 

That the Strategic Development and Property Subcommittee

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:

Brand/Bowater                                                                             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

Appointment of Council Representative on the Tahuna Beach Camp Inc. Board

 

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

The meeting went into confidential session at 1.10p.m. and resumed in public session at 1.19p.m.

 

  

 

There being no further business the meeting ended at 1.19p.m.

 

Confirmed as a correct record of proceedings:

 

 

 

                                                       Chairperson                                     Date

         

 


 

Item 7: Nelson Marina - Setting fees for 2021/22

 

Strategic Development and Property Subcommittee

11 February 2021

 

 

REPORT R22544

Nelson Marina - Setting fees for 2021/22

     

 

1.       Purpose of Report

1.1      To seek approval from the Strategic Development and Property Subcommittee for the consultation process set out in this report on proposed fees and charges for the marina for the 2021/22 financial year, prior to fees and charges for the marina being set by Council.

2.       Summary

2.1      Council has the power to set fees and charges for marina services.

2.2      In order to ensure the new fees and charges can be charged from the start of the 2021/22 financial year, marina fees and charges are required to be set prior to 1 July 2021. It is proposed that the fees increase by the Consumer Price Index (CPI).

2.3      Following the consultation outlined in this report, Council will need to set the fees by resolution, at a meeting prior to 1 July 2021, and the Strategic Development and Property Subcommittee may recommend Council does so.

 

 

3.       Recommendation

That the Strategic Development and Property Subcommittee

1.    Receives the report Nelson Marina - Setting fees for 2021/22 (R22544) and its attachment (A2541155); and

2.    Notes the proposed increase in marina fees and charges set out in section 5 of the report Nelson Marina - Setting fees for 2021/22 (R22544) and its attachment (A2541155); and

3.    Agrees to the consultation approach identified in section 6 of report R22544 for marina fees and charges for 2021/22; and

4.    Notes that following consultation a further report will recommend marina fees and charges for 2021/22 to be set by Council by resolution.

 

 

 

4.       Background

4.1      Marina fees are usually set annually, taking into account current performance, costs, CPI changes and other relevant factors.

4.2      This report informs the Strategic Development and Property Subcommittee of the proposed changes to the fees and charges for the marina for 2021/22, and seeks the Subcommittee’s approval for officers to consult on the proposed fees and charges for the marina as described in section 6 of this report.

4.3      The marina operates within a closed account, meaning any revenue received is reinvested within the marina.

5.       Discussion

           Fees and charges at the marina

5.1      Items that fees are charged for at the marina are shown in Attachment 1. This includes fees for berthholders, ramp users, boat storage users, hardstand users, showers and laundry users and other miscellaneous charges.

5.2      The proposed changes to marina fees and charges is a CPI increase.  This is consistent with previous increases and accounts for Council’s increased costs.

5.3      Funding was being put into the Annual Plan 2020/21 to undertake an independent review of the fees and charges for the marina. It was intended that this would be used to inform the Long Term Plan 2021-31 fees.

5.4      The independent review of the fees and charges has not yet begun and will now not be completed prior to fees being set for the 2021/22 financial year. It is proposed that while waiting for the independent review the fees be consulted on as detailed in this report and subsequently adopted by Council. Any further fee changes resulting from the independent review will need to be consulted on following the independent review. Timing for future fee changes will depend on the outcome and timing of the independent review. 

           Proposed fee changes for 2021/22

5.5      Proposed changes for 2021/22 are set out in Attachment 1. Changes are made up of:

·   Removed fees from schedule

·   CPI increases

·   No change

Removed fees from schedule

5.6      The following fees are proposed to be removed:

·   Development Levy. This fee is no longer charged but is still on the schedule of fees and charges for 2020/21. This is not a removal of a fee or associated income, but an administrative change for consistency.

CPI increases

5.7      CPI for the year (to December 2020) is 1.4%. It is proposed to increase some fees by CPI only for the 2021/22 financial year. This is the increase that has been applied to marina fees for the last few years, reflecting that Council’s costs also increase each year.

5.8      The fees with CPI increases proposed in 2021/22 are:

·   Marina Berth & Pile Mooring Waitlist Application Deposit Charges

·   Marina Berths

·   Commercial Recreational Berths

·   Boat Storage Park (except daily storage)

·   Live aboard charges (except showers and laundry)

·   Visitor rates (except surcharge)

·   Public boat ramp (except casual use)

·   Inspection grid

·   Administration charge

·   Hardstand charges

No change

5.9      In some areas, no changes are proposed where it is administratively difficult to charge a different amount. No change is proposed for these items.

·   Boat storage park daily storage (due to administrative ease)

·   Casual boat ramp use (due to ticket machine ease of use)

·   Showers and laundry (due to coin operated machines)

·   Visitor rates surcharge (due to administrative ease)

6.       Consultation

6.1      It is proposed that, having considered the Significance and Engagement Policy, prior to Council making a decision to set the marina fees for 2021/22, consultation with stakeholders should occur.  This consultation will allow for stakeholder feedback to help inform Council’s decision making.

6.2      In previous years, there has been feedback from users about not being kept informed of the fee setting process or that fees set were not practical for users. Consultation will help to ensure that there is better communication with stakeholders about the fees prior to them being set.

6.3      Consultation is proposed with the following stakeholders or groups:

·   Berthholders

·   Boat owners with boats in the long term storage area and boat ramp season pass holders

·   Hardstand commercial operators

·   Marina Advisory Group

·   Clubs and user groups including:

o Dawnbreakers fishing club

o Nelson Boating Community

o Sea sport participants that are part of the Sea Sports Alliance Group

·   Other users of the marina boat ramp and facilities

6.4      Consultation is proposed by way of:

·   Letters or emails to berthholders, season pass ramp holders, those with boats in the long term storage area, commercial hardstand operators

·   Signs put up at the boat ramp, marina office, hardstand gate

·   Contact made with other stakeholders identified in section 6.2.

·   Notification on Shape Nelson

6.5      It is proposed that stakeholders will be invited to provide feedback from 12 February to 12 March, allowing a month long feedback process. Feedback is requested to be completed through an online feedback form that will be made available. This feedback will be collated and provided to the Subcommittee to inform a recommendation that Council sets fees and charges for the marina.

6.6      There is no requirement for a Special Consultative Procedure under section 83 of the LGA for this matter.

7.       Future changes

7.1      It is anticipated that once the financial review of the marina is completed and the marina management model, levels of service, governance model, and master plan have been completed, further changes to the fees may be required to better reflect the costs of the services provided.

7.2      Future changes would need to be consulted on and, depending on significance assessment in accordance with Council’s Significance and Engagement Policy, may follow a similar consultation process to ensure that the appropriate feedback is sought prior to a decision being made.

8.       Options

8.1      The Subcommittee can approve the proposed consultation as set out in this report or can decide not to approve the consultation described in this report.  The recommended option is that the Subcommittee approves consultation as described in section 6 of this report to inform fee and charge setting for 2021/22 (option 1).

Option 1: Approve the proposed consultation on proposed marina fees and charges for 2021/22 (Recommended)

Advantages

·   Allows opportunity for further consultation prior to a decision being made

·   Allows time to seek feedback prior to the financial year commencing

·   Provides an opportunity for stakeholder feedback.

Risks and Disadvantages

·   May require further changes once the marina financial, governance and management review and development plan has been completed - been completed – only if marina fees and charges are proposed to be increased ahead of the 2022/23 process.

Option 2: Do not consult, and instead recommend Council set fees and charges for 2021/22 as proposed in section 5 of this report

Advantages

·    Reduces staff time involved in carrying out the consultation

·    Fees will be set by way of resolution

Risks and Disadvantages

·   No opportunity to seek user feedback prior to setting fees

·   Thorough consultation process not undertaken

·   Stakeholders want to be kept informed and by not doing so, may create a reputational and legal risk.

9.       Conclusion

9.1      This report seeks the Subcommittee’s approval for the consultation process on the proposed marina fees and charges for 2021/22, as described in section 6, in order to seek feedback from the community to inform the Subcommittee’s recommendation to Council on setting fees.

10.     Next Steps

10.1    Consultation with stakeholders as outlined in this report.

10.2    Report to Subcommittee on the outcomes of the consultation and proposed changes as a result of the feedback received.

10.3    Council decision setting fees.

10.4    New fees in place from 1 July 2021.

 

Author:          Jane Loughnan, Parks and Facilities Asset Planner

Attachments

Attachment 1:   2020/21 Marina fees and proposed fees for 2021/22 (A2541155)

 

 

Important considerations for decision making

1.   Fit with Purpose of Local Government

The recommendation in this report supports community, social and economic wellbeing by seeking an opportunity for the community to provide feedback on the fees charged at the marina. The marina is a place where many people recreate and carry out commercial activities and this process ensures a fair chance for these users to provide input.

2.   Consistency with Community Outcomes and Council Policy

Consulting on proposed fees and charges enables Council to make sure that fees are set in a way that meet the following community outcomes:

·    Our infrastructure is efficient, cost effective and meets current and future needs

·    Our Council provides leadership and fosters partnerships, a regional perspective, and community engagement

·      Our region is supported by an innovative and sustainable economy

3.   Risk

Fees and charges are reviewed annually and either adjusted in line with the Consumer Price Index or adjusted to reflect any changes in process and/or costs incurred to Council.  

If consultation is not carried out, prior to fees changing, users will not have had the opportunity to provide feedback on the changes.

4.   Financial impact

An estimate for fees and charges income based on past trends and the Revenue and Finance Policy is included in Council’s Long Term Plan.

5.   Degree of significance and level of engagement

This matter is of medium significance because there are a number of users that will be impacted by a change in fees. The marina is a self-funding activity, so ratepayer input does not contribute towards the marina expenses. Therefore consultation as proposed in this report is recommended before the fees are set for 2021/22.

6.   Climate Impact

Consulting on changing the fees and charges for the marina does not have a climate impact.

7.   Inclusion of Māori in the decision making process

No engagement with Māori has been undertaken in preparing this report.  Māori will be able to provide feedback as part of the consultation process.

8.   Delegations

The Strategic Development and Property Subcommittee has the following delegations in relation to marina fees and charges.

Areas of Responsibility:

·      Marina Precinct

Powers to Decide:

·      Undertaking informal community engagement on matters within the areas of responsibility

Powers to Recommend to Council:

·      All other matters within the areas of responsibility or any other matters referred to it by Council

 

 


Item 7: Nelson Marina - Setting fees for 2021/22: Attachment 1

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