That the Council

1.     Confirms the minutes of the meeting of the Council, held on 11 May 2021, as a true and correct record.

That the Council

1.     Confirms the minutes of the meeting of the Council, held on 18 May 2021, as a true and correct record.

That the Council

1.     Receives the report Adoption of Long Term Plan 2021 - 2031 (R25879) and its attachment (A2681479); and

2.     Adopts the Revenue and Financing Policy (pages 191-225) of A2681479, the Rates Remission Policy (pages 226-237) of A2681479; and

3.     Confirms that setting an unbalanced budget in 2021/22, 2022/23 and 2023/24 of the Long Term Plan 2021 – 2031  is prudent in terms of section 100 of the Local Government Act 2002, given the ongoing effects of the COVID-19 pandemic on the local economy and ratepayers, and having had regard to the matters in section 100(2) of the Local Government Act 2002; and

4.     Adopts the Long Term Plan 2021 - 2031 (A2681479) pursuant to Section 93 of the Local Government Act 2002; and

5.     Delegates the Mayor (or in her absence the Deputy Mayor) and Chief Executive to make any necessary minor editorial amendments prior to the release of the final Long Term Plan 2021 - 2031 to the public; and 

6.     Sets and assesses the following rates under the Local Government (Rating) Act 2002, on rating units in the district for the financial year commencing on 1 July 2021 and ending on 30 June 2022. 

The revenue approved below will be raised by the rates and charges that follow:

Revenue approved:

General Rate                                                        $44,415,955

Uniform Annual General Charge                           $9,111,973

Stormwater and Flood Protection Charge           $7,202,771

Waste Water Charge                                              $9,361,397

Water Annual Charge                                           $3,799,826

Water Volumetric Charge                                   $8,866,261

Clean Heat Warm Homes and
Solar Saver                                                              $70,228

                                                                                ________ 

Rates and Charges (excluding GST)                        $82,828,411

Goods and Services Tax
(at the current rate)                                          $12,424,261

                                                                             _________

Total Rates and Charges                                   $95,252,672
                                                                           __________

The rates and charges below are GST inclusive

(1) General Rate

A general rate set under section 13 of the Local Government (Rating) Act 2002, assessed on a differential land value basis as described below:

·    a rate of 0.56582 cents in the dollar of land value on every rating unit in the “residential – single unit” category.

·    a rate of 0.56582 cents in the dollar of land value on every rating unit in the “residential empty section” category.

·    a rate of 0.62240 cents in the dollar of land value on every rating unit in the “single residential unit forming part of a parent valuation, the remainder of which is non-rateable” category. This represents a plus 10% differential on land value.

·    a rate of 0.62240 cents in the dollar of land value on every rating unit in the “multi residential” category. This represents a plus 10% differential on land value.

·    a rate of 1.54924 cents in the dollar of land value on every rating unit in the “commercial – excluding inner city and Stoke commercial” subject to 100% commercial and industrial (occupied and empty) category. This represents a plus 173.805% differential on land value.

·    a rate of 1.30365 cents in the dollar of land value on every rating unit in the “commercial – excluding inner city and Stoke commercial” subject to 25% residential and 75% commercial” category. This represents a plus 130.4% differential on land value.

·    a rate of 1.05752 cents in the dollar of land value on every rating unit in the “commercial – excluding inner city and Stoke commercial” subject to 50% residential and 50% commercial” category. This represents a plus 86.9% differential on land value.

·    a rate of 0.81195 cents in the dollar of land value on every rating unit in the “commercial – excluding inner city and Stoke commercial” subject to 75% residential and 25% commercial” category. This represents a plus 43.5% differential on land value.

·    a rate of 1.65992 cents in the dollar of land value on every rating unit in the “commercial inner city” subject to 100% commercial and industrial (occupied and empty) category. This represents a plus 193.365% differential on land value.

·    a rate of 1.38626 cents in the dollar of land value on every rating unit in the “commercial inner city subject to 25% residential and 75% commercial” category. This represents a plus 145% differential on land value.

·    a rate of 1.11297 cents in the dollar of land value on every rating unit in the “commercial inner city subject to 50% residential and 50% commercial” category. This represents a plus 96.7% differential on land value.

·    a rate of 0.83911 cents in the dollar of land value on every rating unit in the “commercial inner city subject to 75% residential and 25% commercial” category. This represents a plus 48.3% differential on land value.

·    a rate of 1.59703 cents in the dollar of land value on every rating unit in the “Stoke commercial subject to 100% commercial and industrial (occupied and empty)” category. This represents a plus 182.25% differential on land value.

·    a rate of 1.33930 cents in the dollar of land value on every rating unit in the “Stoke commercial subject to 25% residential and 75% commercial” category. This represents a plus 136.7% differential on land value.

·    a rate of 1.08128 cents in the dollar of land value on every rating unit in the “Stoke commercial subject to 50% residential and 50% commercial” category. This represents a plus 91.1% differential on land value.

·    a rate of 0.82383 cents in the dollar of land value on every rating unit in the “Stoke commercial subject to 75% residential and 25% commercial” category. This represents a plus 45.6% differential on land value.

·    a rate of 0.36778 cents in the dollar of land value on every rating unit in the “rural” category. This represents a minus 35% differential on land value.

·    a rate of 0.50924 cents in the dollar of land value on every rating unit in the “small holding” category. This represents a minus 10% differential on land value.

(2) Uniform Annual General Charge

A uniform annual general charge under section 15 of the Local Government (Rating) Act 2002 of $429.14 per separately used or inhabited part of a rating unit.

(3) Stormwater and Flood Protection Charge

A targeted rate under section 16 of the Local Government (Rating) Act 2002 of $384.62 per rating unit, this rate is payable by all ratepayers excluding rural rating units, rating units east of the Gentle Annie saddle, Saxton’s Island and Council’s stormwater network.

(4) Waste Water Charge

A targeted rate for waste water disposal under section 16 of the Local Government (Rating) Act 2002 of:

·    $502.29 per separately used or inhabited part of a residential, multi residential, rural and small holding rating units that is connected either directly or through a private drain to a public waste water drain.

·    For commercial rating units, a waste water charge of $125.57 per separately used or inhabited part of a rating unit that is connected either directly or through a private drain to a public waste water drain. Note:  a “trade” waste charge will also be levied.

(5) Water Annual Charge

A targeted rate for water supply under Section 16 of the Local Government (Rating) Act 2002, of:

Water charge (per connection)                            $203.29

(6) Water Volumetric Rate

A targeted rate for water provided under Section 19 of the Local Government (Rating) Act 2002, of:

Price of water:

Usage up to 10,000 cu.m/yr                       $2.038 per m³

Usage from 10,001 – 100,000 cu.m/year   1.708 per m³

Usage over 100,000 cu.m/year                    1.348 per m³

Summer irrigation usage over 10,000 cu.m/year

                                                                            $1.873 per m³

(7) Clean Heat Warm Homes

A targeted rate per separately used or inhabited part of a rating unit that has been provided with home insulation and/or a heater to replace a non-complying solid fuel burner under Section 16 of the Local Government (Rating) Act 2002 in accordance with agreement of the original ratepayer, of:

·    For properties levied the Clean Heat Warm Homes rate as a result of agreements entered into on or after 1 July 2011, the targeted rate for each year for 10 years will be the total cost of the installed works excluding GST, divided by 10, plus GST.

·    For properties assessed the Clean Heat Warm Homes rate as a result of agreements entered into prior to 1 July 2011 the targeted rate of:

(8) Solar Hot Water Systems

A targeted rate for any separately used or inhabited parts of a rating unit that has been provided with financial assistance to install a solar hot water system under Section 16 of the Local Government (Rating) Act 2002 in accordance with agreement of the original ratepayer, of the following factors on the extent of provision of service (net cost of the work including GST after deducting EECA grant, plus funding cost):

·    0.14964 (including GST) for agreements entered into prior to 1 July 2011, multiplied by the Net Cost of the Work adjusted for any increased GST.

·    0.13847 (including GST) for agreements entered into after 1 July 2011 multiplied by the Net Cost of the Work.

(9) Low Valued Properties Remission Value

In accordance with Section 85 of the Local Government (Rating) Act 2002 and Council’s Rates Remission Policy, Council sets the land value for the Low Valued Properties Rates Remission at $6,000.

Other Rating Information:

Due Dates for Payment of Rates

The above rates (excluding water volumetric rates) shall be payable in four instalments on the following dates:

Rates instalments not paid on or by the Last Date for payment above will incur penalties as detailed in the section “Penalty on Rates”.

Due Dates for Payment of Water Volumetric Rates

Water volumetric rates shall be payable on the following dates:

Penalty on Rates

Pursuant to Sections 57 and 58 of the Local Government (Rating) Act 2002, Council authorises the following penalties on unpaid rates (excluding volumetric water rate accounts) and delegates authority to the Group Manager Corporate Services to apply them:

·    a charge of 5% of the amount of each rate instalment remaining unpaid after the due date stated above, to be added on the penalty date as shown in the above table and also shown on each rate instalment notice.

·    a charge of 5% will be added on 8 July 2021 to any balance from a previous rating year (including penalties previously charged) remaining outstanding on 1 July 2021.

·    a further additional charge of 5% will be added on 10 January 2022 to any balance from a previous rating year (including penalties previously charged) to which a penalty has been added according to the bullet point above, remaining outstanding on 7 January 2022.

Penalty Remission

In accordance with Section 85 of the Local Government (Rating) Act 2002 and Council’s Rates Remission Policy, the Council will approve the remission of a penalty where the criteria of the policy has been met.

Payment of Rates

Rates shall be payable at the Council offices, Civic House, 110 Trafalgar Street, Nelson between the hours of 8.30am to 5.00pm Monday, Tuesday, Thursday and Friday and 9.00am to 5.00pm Wednesday.

Where any payment is made by a ratepayer that is less than the amount now payable, the Council will apply the payment firstly to any rates outstanding from previous rating years and then to current year rates due.

That the Council

1.     Receives the report Development Contributions Policy 2021 Adoption (R25923) and its attachment (A2502141); and

2.     Adopts the Nelson City Council Policy on Development Contributions 2021 (Attachment one to report R25923, A2502141)

Recommendation to Council

That the Council

1.     Adopts the Treasury Management Policy (A2611223) as amended at the 25 May 2021 Audit, Risk and Finance Subcommittee meeting.

Recommendation to Council

That the Council

1.     Approves the Nelson Regional Land Transport Plan 2021-2031 (A2570814 of Report R22719) for submission to Waka Kotahi prior to 30 June subject to any changes made as part of the Long Term Plan 2021 - 2031 process, and minor changes made by Marlborough District Council  or Tasman District Council  Regional Transport Committees, and notes the delegation to the Chair and Deputy Chair  of the Regional Transport Committee.

Recommendation to Council

That the Council

1.     Notes that a Regional Public Transport Plan will be brought to Council on 1 July 2021 seeking approval to lodge with Waka Kotahi and that this timing of the approval of the Regional Public Transport Plan will ensure consistency across the Regional Land Transport Plan, Regional Public Transport Plan and Long Term Plan.

1

Council Meeting - Confidential Minutes -  11 May 2021

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)

2

Council Meeting - Confidential Minutes -  18 May 2021

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)

Resolved CL/2021/044

That the Council

1.     Receives and accepts the apology from Councillor B McGurk for lateness.

Her Worship the Mayor/Noonan                                                       Carried

Ian Williams, representing Upper Trafalgar Street hospitality businesses, tabled a document (A2636923) and spoke about outdoor dining rents in the central city.  He said that hospitality businesses had experienced a significant downturn in income over the summer months, and explained the importance of a healthy hospitality sector as part of the COVID-19 recovery. 

Mr Williams suggested alternative methods for calculating outdoor rents.  He requested Council support through reduced rental payments to allow businesses to continue to utilise outdoor dining spaces, and answered questions.

Attachments

1    A2636923 - Ian Williams - Public Forum - Tabled document

Principal Parks and Facilities Activity Planner, Andrew Petheram, and Parks and Facilities Activities Planner, Jane Loughnan, presented the report.  They answered questions regarding accessibility issues, signage, promotion and marketing, and potential future developments at Saxton Field.

Attendance:  Councillor McGurk joined the meeting at 9.40a.m.

Mr Petheram and Ms Loughnan answered further questions regarding recreational spaces at Saxton Field, the applicability of Council policies, and the role Saxton Field could play in providing opportunities for improved community health and wellbeing.

The meeting was adjourned from 9.51a.m. until 10.06a.m.

It was agreed that the wording of clause 4.11.2.2 should be altered to “Council staff shall consult with adjoining landowners and assess risks to domestic and farm animals in the neighbourhood before granting any approvals.”

During discussion, it was further clarified that Council’s policies, including the Sugar-Sweetened Beverages Policy, applied across all Council-owned venues.

Resolved CL/2021/045

That the Council

1.     Receives the report Adoption of Saxton Field Reserve Management Plan (R23723) and its attachments (A2623408, A2323410 and A2323412); and

2.     Notes the submissions on the Draft Plan and the recommendations of the Hearing Panel relating to the Saxton Field Reserve Management Plan, contained in the minutes of the hearings and deliberations meeting held on 10 February 2021 as per Attachment 1 (A2623408) of report R23723; and

3.     Agrees to amend the wording of the Draft Plan as per the Hearing Panel recommendations contained in the minutes of the deliberations meeting held on 10 February 2021 (noting that these amendments have been incorporated into the version of the final Saxton Field Reserve Management Plan 2021, as per Attachment 2 (A2323410) of report R23723; and

4.     Resolves in accordance with Section 41 of the Reserves Act 1977 and the delegated authority from the Minister of Conservation (dated 12 June 2013) to adopt the Saxton Field Reserve Management Plan 2021 as per Attachment 2 (A2323410) of report R23723), with minor amendments; and

5.     Authorises Councillor Edgar, along with a Councillor appointed by Tasman District Council, to approve any minor edits or changes to the Plan, prior to publication, including:

·    Reference to the Community Outcomes of Nelson City and Tasman District Councils in the vision section.

Edgar/Noonan                                                                                  Carried

Group Manager Corporate Services, Nikki Harrison, presented the report.  She answered questions regarding activation in the central city, the use of public spaces for outdoor dining, the impact of closed borders on hospitality business turnover, Council’s request for financial information to support the request for rental relief, and the review of the Outdoor Dining Policy.

Councillor Noonan, seconded by Councillor Fulton, moved:

That the Council

1.     Receives the report COVID 19 Rental Relief (R23740) and its attachments (A2485949 and A2603581); and

2.     Approves 50% rental relief for outdoor dining licensees, upon application from licence holders demonstrating financial hardship, from 1 March 2021 through to December 2021 while the outdoor dining policy is reviewed; and

3.     Directs officers to review the Outdoor Dining Policy before the end of the calendar year.

Councillor Skinner, seconded by Councillor Lawrey, moved an amendment to clause two of the motion:

2.     Approves 100% rental relief for outdoor dining licensees, street stalls and concession holders, upon application from licence holders demonstrating financial hardship, from 1 March 2021 through to December 2021 while the outdoor dining policy is reviewed; and

During debate, with the agreement of the mover and seconder and with the leave of the meeting, further additions were made to the amendment wording:

2.     Approves up to 100% rental relief for outdoor dining licensees, street stalls and concession holders, upon application from licence and concession holders demonstrating financial hardship, from 1 March 2021 through to 1 December 2021 while the outdoor dining policy is reviewed; and

The amendment was put.

Resolved CL/2021/046

That the Council

2.     Approves up to 100% rental relief for outdoor dining licensees, street stalls and concession holders, upon application from licence and concession holders demonstrating financial hardship, from 1 March 2021 through to 1 December 2021 while the outdoor dining policy is reviewed.

Skinner/Lawrey                                                                                Carried

The amendment became clause two of the substantive motion. The substantive motion was put.

Resolved CL/2021/047

That the Council

1.     Receives the report COVID 19 Rental Relief (R23740) and its attachments (A2485949 and A2603581); and

2.     Approves up to 100% rental relief for outdoor dining licensees, street stalls and concession holders, upon application from licence and concession holders demonstrating financial hardship, from 1 March 2021 through to 1 December 2021 while the outdoor dining policy is reviewed; and

3.     Directs officers to review the Outdoor Dining Policy before the end of the calendar year.

Noonan/Fulton                                                                                 Carried

The meeting was adjourned from 11.15a.m. until 11.32a.m, at which time Councillor Skinner was not present.

Group Manager Infrastructure, Alec Louverdis, and Chris Ward, of PolicyWorks Limited, presented the report.  Mr Louverdis advised that clause 4 of the officer recommendation been altered to:

4.       Requests the Chief Executive to provide a further report to Council in relation to project management and scope prior to the project commencing; and

Attendance:  Councillor Skinner returned to the meeting at 11.43a.m.

Mr Louverdis and Mr Ward answered questions regarding scope, phasing and budget for the project, including:

·    When a detailed budget would be available, contingency levels, and the budget for required earthquake strengthening measures;

·    The key risks and assumptions underpinning the Business Case, particularly with regards to the Three Waters Review and the possibility of any local authority amalgamation, and risks relating to legislative requirements;

·    Scope of the project, including reasons for excluding the tenanted area on level three, timing issues, and ensuring that Civic House’s function as an Emergency Operations Centre was protected;

·    Proposed phasing of, and procurement for the project, including the reasons for suggesting a floor by floor approach;

·    Climate change aspects of the project, including opportunities for incorporating climate change objectives of emissions reduction, adaptation, resiliency, leadership and innovation into the design;

·    Electricity reduction and diesel elimination goals, including the lifespan of the current generator, potential heating systems, and the potential for photovoltaic panels; and

·    Health and Safety considerations, including earthquake strengthening aspects, accessibility issues and ensuring spaces were inclusive and reflective of Council’s Te Tiriti o Waitangi obligations.

During discussion, additional bullet points were added to clause two of the recommendation, the wording of clause four was further amended, and an additional clause five was added to the recommendation.

The motion was taken in parts.

Resolved CL/2021/048

That the Council

1.     Receives the report Civic House Refurbishment Business Case (R23752) and its attachments (A2618201, A2618347 and A2618407).

Noonan/Fulton                                                                                    Carried

Resolved CL/2021/049

That the Council

2.       Approves, subject to final confirmation of funding through the Long Term Plan 2021-2031, option 1: staged refurbishment of Civic House contained within the Civic House Refurbishment Business Case (A2618201), noting that the scope includes:

-       Progressively refurbishing each floor of Civic House over an eight year period;

-       Moving the Chamber to the ground floor;

-       Providing a Councillor lounge adjacent to the Chamber;

-       Providing a consistent, modern staff working environment on each floor with a range of work areas;

-       Raising the ground floor of Civic House to mitigate flooding based on a 1% AEP river flood event in 2080;

-       Implementing measures to reduce electricity use by 20% and eliminate diesel use by 2030;

-      incorporating design principles which deliver to Council’s climate change objectives;

-      providing for accessible and inclusive design;

-      recognising iwi partnership; and

3.       Notes that the following renewals will be prioritised ahead of the overall refurbishment due to end of life/safety concerns:

-       tower block roof;

-       ventilation, heating and boiler systems; and

4.       Requests the Chief Executive to provide a further report to Council in relation to project management (budget, quality and time) and scope prior to the project commencing; and

5.       Requests the Chief Executive to provide a further report with regards to appropriate levels of earthquake strengthening.

Noonan/Fulton                                                                                    Carried

Bernie Goldsmith spoke in support of the establishment of a Māori Ward in Nelson.  She spoke about the recent legislation changes regarding the establishment of Māori Wards, and outlined the barriers that Māori candidates faced when considering standing for Council without provision for a Māori Ward. 

Ms Goldsmith emphasised the importance of building on the relationship Council had developed with tangata whenua, by having a clear Māori voice at the Council table.  She noted further that the inclusion of Māori at the decision-making table would result in improved wellbeing for the entire community.

Ms Goldsmith tabled a letter from Minister of Local Government, Hon Nanaia Mahuta (A2657219).

Attachments

1    A2657219 -Bernie Goldsmith - Public Forum - Tabled document

Document number R22653, agenda pages 216 - 226 refer.

Kaihautū, Pania Lee, Manager Governance and Support Services, Devorah Nícuarta-Smith, and Group Manager Strategy and Communications, Nicky McDonald, presented the report. 

Ngāti Kuia Chair, Waihaere Mason, and Ngāti Rārua Chair, Olivia Hall, spoke on behalf of Te Tau Ihu iwi, and emphasised the importance of establishing a Māori Ward, as a step towards partnership under Te Tiriti o Waitangi and to ensure a Māori voice was present at the decision-making table.  Their kōrero was followed by waiata.

Her Worship the Mayor, seconded by Councillor Edgar, moved the recommendation in the officer report. 

Ms Nícuarta-Smith and Ms Lee, along with Chief Executive, Pat Dougherty, answered questions regarding the establishment and operation of a Māori Ward, and the upcoming representation review. 

Following debate, Kaumātua Melanie McGregor spoke about the importance of standing up for rights under Te Tiriti o Waitangi, and noted the historic occasion of Council’s decision.

Resolved CL/2021/050

That the Council

1.     Receives the report Establishment of a Māori Ward for the 2022 Local Government Elections (R22653); and

2.     Rescinds clause 4 of resolution CL/2020/140 made on 22 September 2020:

 ‘4.   Decides not to introduce a Māori Ward;’ and

3.     Establishes a Māori Ward in Whakatū/Nelson for the 2022 local government election, and

4.     Notes that a Māori ward must exist within a wider ward-based system; and

5.     Requests analysis and options for the 2021 Representation Review include specific focus on communities of interest and options for ward boundaries.

Her Worship the Mayor/Edgar                                                          Carried

The decision was followed by waiata.

The meeting was adjourned from 10.47a.m. until 11.12a.m, at which time Councillor Fulton was not present.

Group Manager Infrastructure, Alec Louverdis, presented the report.  He was accompanied by Waka Kotahi Director Regional Relationships (Lower North Island), Emma Speight, Principal Transport Planner, Rhys Palmer, and Manager Design Practice and Solutions, Coral Aldridge.

Attendance:  Councillor Fulton returned to the meeting at 11.15a.m.

Ms Aldridge and Mr Palmer gave a PowerPoint presentation (A2642950).  They outlined the preferred programme of works should Council approve to proceed to this step.

Ms Aldridge, Mr Palmer and Ms Speight answered questions regarding:

·    Proposed funding levels for and monitoring of the Short Term and Other Improvements programme outcomes;

·    Proposed public engagement activities;

·    Proposed timing and funding of the preferred proposal for the Rocks Road Walk and Cycle programme;

·    The preferred long term proposal of Refined Priority Lanes, and

·    The proposed retention of the inland route for resiliency reasons, and how this land would be managed in the future.

Resolved CL/2021/051

That the Council

1.     Receives the report Nelson Future Access - Preferred Programme Public Engagement (R18168) and its attachments A2631617 and A2632937; and

2.     Approves the Nelson Future Access Study Preferred Option as detailed in Attachment A2632937 of Report R18168 as the option to proceed to public engagement.

McGurk/Her Worship the Mayor                                                        Carried

Attachments

1    A2642950 - Waka Kotahi - PowerPoint presentation

Her Worship the Mayor explained that the meeting would move into confidential session to consider confidential items other than items 6 and 7, Nelmac six monthly strategic presentation and Nelmac Limited draft Statement of Intent 2021/22, which would be considered later in the meeting.

Resolved CL/2021/052

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/Edgar                                                          Carried

1

Council Meeting - Confidential Minutes - 11 March 2021

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)

2

Council Meeting - Confidential Minutes - 18 March 2021

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)(b)(ii)

     To protect information where the making available of the information would belikely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information

·      Section 7(2)(g)
To maintain legal professional privilege

·    Section 7(2)(i)

     To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

3

NCC – TDC Engineering Services Agreement and NCC – TDC Waimea Community Dam Funding Agreement

Note:  this item was withdrawn from the agenda

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)

4

Building Claim mediation update

Mediation for claim and terms of settlement

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

7

Mayor’s Report – update on current matters

Chief Executive’s Review

Strategic Development and Property Subcommittee update on:

·     Strawbridge Square

·     Haven Precinct

·     Kinzett Terrace

·     Tahuna Beach Camp Lease

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)

8

Recommendations from Committees

Urban Development Subcommittee – 20 April 2021:

·     Totara Street Properties Update

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

Document number R22652, agenda pages 227 - 235 refer.

Group Manager Strategy and Communications, Nicky McDonald, Kaihautū, Pania Lee and Manager Governance and Support Services, Devorah Nícuarta-Smith, presented the report. 

They answered questions regarding current external appointees, the recruitment and appointments process, and subsequent updates to committee and subcommittee Terms of Reference should the recommendation be passed.

During discussion, a preference was noted to have no more than two external appointees per committee or subcommittee, with the ability to also appoint non-voting external advisers to committees or subcommittees to contribute specific technical knowledge.

Attendance:  Councillor Skinner left the meeting at 2.29p.m.

The meeting was adjourned from 2.33p.m. until 2.44p.m. 

Resolved CL/2021/059

That the Council

1.     Receives the report Options for Increasing Māori Representation on Committees and Subcommittees (R22652); and

2.     Establishes roles to represent Māori in each of the following governance bodies of Council:

a.     Community and Recreation Committee

b.     Infrastructure Committee

c.     Audit, Risk and Finance Subcommittee

d.     Forestry Subcommittee

3.     Directs Officers to liaise with iwi and seek nominations for an appropriate candidate for each role.

Fulton/Courtney                                                                                               Carried

Extension of Meeting Time

Resolved CL/2021/060

That the Council

1.     Extends the meeting time beyond six hours, pursuant to Standing Order 4.2.

O'Neill-Stevens/Rainey                                                                     Carried

Document number R24823, agenda pages 212 - 215 refer.

Her Worship the Mayor presented the report.  She noted the significance of Council’s decisions to establish a Māori Ward and to establish Māori appointees on committees and subcommittees.

Attendance:  Councillor Skinner returned to the meeting at 3.06p.m.

The motion was taken in parts. 

Resolved CL/2021/061

That the Council

1.     Receives the report Mayor's Report (R24823).

Her Worship the Mayor/Edgar                                                          Carried

Resolved CL/2021/062

That the Council

2.   Amends the membership of the Nelson Tasman Regional Landfill Business Unit on a permanent basis, effective immediately, as follows: 

Her Worship the Mayor/Edgar                                                          Carried

Resolved CL/2021/063

That the Council

3.   Amends the liaison role on the Waimea Inlet Coordination Group on a permanent basis, effective immediately, as follows: 

Her Worship the Mayor/Edgar                                                          Carried

Document number R24797, agenda pages 287 - 306 refer.

Nelson Tasman Economic Portfolio Manager, Jessica Bensemann, presented the report, and answered questions regarding the Regional Events Fund.

Resolved CL/2021/064

That the Council

1.     Receives the report Nelson Regional Development Agency Six Month Report July - December 2020 (R24797) and its attachment (A2617044).

Edgar/Sanson                                                                                   Carried

Document number R23733, agenda pages 307 - 315 refer.

Group Manager Corporate Services, Nikki Harrison, presented the report.  She was accompanied by Nelmac Limited Board Chair, Rob Gunn, Chief Executive Jane Sheard, and Chief Financial Officer, Lindsay Coll.

Resolved CL/2021/065

That the Council

1.     Receives the report Nelmac Limited six monthly report to 31 December 2020 (R23733) and its attachment (A2585117).

O'Neill-Stevens/Courtney                                                                 Carried

6

Nelmac six monthly strategic presentation

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

7

Nelmac Limited draft Statement of Intent 2021/22

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)

Resolved CL/2021/070

That the Council

1.     Sets the marina fees and charges for 2021/22 as outlined in Attachment 2 (A2541155) to report R22618.

Noonan/Bowater                                                                              Carried

Document number M16497, agenda pages 14 - 19 refer.

It was noted that the paragraph above item 1, Apologies, would be re-worded as follows:

“Civic House was unable to be accessed at the advertised meeting start time, due to protest action blocking entry to the building.  Time-bound items had to be considered, therefore the meeting convened via audio-visual link (zoom), in accordance with the Epidemic Preparedness (COVID-19) Notice 2020 Renewal Notice (no 3) 2020.”

Resolved CL/2021/071

That the Council

1.     Confirms the amended minutes of the meeting of the Council, held on 11 March 2021, as a true and correct record.

Her Worship the Mayor/O'Neill-Stevens                                            Carried

Document number M17604, agenda pages 20 - 32 refer.

Resolved CL/2021/072

That the Council

1.     Confirms the minutes of the meeting of the Council, held on 18 March 2021, as a true and correct record.

Her Worship the Mayor/Courtney                                                     Carried

Document number R24823, agenda pages 212-215 refer.

Her Worship the Mayor noted, as an additional item to the Mayor’s Report, the following recipients of the New Zealand Institute of Architects Awards:

·    Enduring Architecture Award – Civic House

·    Small Project Architecture Award – Tahunanui Beach Lions Toilet Block.

Document number R24782, agenda pages 236 - 246 refer.

Manager Governance and Support Services, Devorah Nícuarta-Smith and Team Leader Governance, Robyn Byrne, presented the report.  Ms Byrne noted the review date on the policy should state August 2022.

They answered questions regarding effectiveness reviews for external appointees, including the involvement of the Iwi-Council Partnership Group for the review of Māori appointees, how review outcomes would be relayed to elected members, and remuneration levels compared to elected member base remuneration levels.

Attendance:  Councillor Noonan left the meeting at 4.56p.m.

Resolved CL/2021/073

That the Council

1.     Receives the report Selection, Appointment and Remuneration Policy for External Appointees on Council Committees and Subcommittees (R24782) and its attachment (A2337456); and

2.     Approves the Selection, Appointment and Remuneration Policy for External Appointees on Council Committees and Subcommittees (A2337456), subject to inclusion of:

·    A remuneration cap no greater than the councillor base salary;

·    Inclusion of a conversation with the Iwi-Council Partnership Group in relation to the review of any Māori appointee; and

·    Inclusion of a mechanism to enable feedback from any review being circulated to elected members.

Brand/McGurk                                                                                  Carried

3

CONFIDENTIAL: Building Claim mediation update

That the Council

5.     Agrees that Report (R22701) remain confidential at this time.

5

CONFIDENTIAL: Nelmac Limited draft Statement of Intent 2021/22

That the Council

4.     Agrees that Report (R22704), Attachments (A2585116 and A2549408) and the decision remain confidential at this time.

6

CONFIDENTIAL: Recommendations from Committees:

Urban Development Subcommittee – 20 April 2021 -

Totara Street Properties Update

That the Council

3.      Agrees that Report (R24766) and the decision remain confidential at this time.

Resolved CL/2021/074

That the Council

1.     Considers the confidential items regarding Nelson City Council - Tasman District Council Engineering Services Agreement and Nelson City Council - Tasman District Council Waimea Community Dam Funding Agreement at this meeting as a major item not on the agenda, pursuant to Section 46A(7)(a) of the Local Government Official Information and Meetings Act 1987, to enable a timely decision to be made.

Her Worship the Mayor/Edgar                                                          Carried

Resolved CL/2021/075

That the Council

1.       Confirms the minutes of the meeting of the Council, held on 4 May, and reconvened on 5 and 6 May 2021, as a true and correct record.

Courtney/Skinner                                                                       Carried

The deliberations report was formally received.

Resolved CL/2021/076

That the Council

1.     Receives the report Deliberations on Submissions to the Long Term Plan 2021-31 Consultation and Related Matters (R24777) and its attachments (A2634256, A2642025 and A2641877).

Her Worship the Mayor/Fulton                                                          Carried

Exclusion of the Public

Resolved CL/2021/078

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/Edgar                                                          Carried

1

Science and Technology Precinct

For discussion

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)

2

Funding to support Nelson Slipway Redevelopment and Services Expansion

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)

Manager Parks and Facilities, Rosie Bartlett, answered questions about the proposed WiFi and usage costs. Manager Technology and Customer Experience, Jane McLeod, spoke about reasons for the proposed investment, noting that the area in the Brook was a ‘black spot’ and that it did not qualify as a rural WiFi area.

Ms McLeod, supported by Systems Engineer, Jack van der Geest, explained the rationale for extending coverage to the Brook Camp and the water treatment plant.

Ms Bartlett answered questions about the costs for resealing.

Resolved

That the Council

1.     Allocates in principle a provision of up to $9,400 capital expenditure in year 1 of the Long Term Plan 2021-31 for resealing the 220m2 of road leading to Sanctuary gates in conjunction with the reseal of roading within the campground; and

2.     Further allocates in principle a provision of up to $80,000 capital expenditure in year 1 of the Long Term Plan 2021-31 to extend WiFi coverage for the Brook Waimarama Sanctuary, particularly to the visitor centre.

Edgar/Fulton

Extension of Meeting Time

Resolved CL/2021/079

That the Council

1.     Extends the meeting time beyond six hours, pursuant to Standing Order 4.2.

Her Worship the Mayor/Edgar                                                          Carried

An additional clause was added to clarify the total amount of funding for year 1 of the LTP.

Resolved

That the Council

1.    Notes in principle that the estimated $2.8 million capital funding for realigning Council’s stormwater pipe will be transferred into the stormwater activity and depreciated; and

2.    Approves in principle a carry forward from 2020/21 to year 1 of the Long Term Plan 2021-31 of the $1.5 million capital grant, payable to the Cawthron Institute (on the signing of the sale and purchase agreement between Port Nelson and the Cawthron Institute); and

10.  Approves in principle bringing forward $2 million for the Science and Technology Precinct project from year 2 to year 1 of the Long Term Plan 2021-31;

11.  Approves in principle a loan funded capital grant of up to $1.2 million to Port Nelson as Council’s contribution towards the development at the Science and Technology Precinct, payable to Port Nelson on completion of the works; and

12.  Approves in principle a provision of $500,000 additional funding in year 1 of the Long Term Plan 2021-31 (bringing the total Council contribution to $5.5 million) towards the Science and Technology Precinct; and

13. Notes that the total Council contribution towards the Science and Technology Precinct will be $5.5 million in year 1 of the Long Term Plan 2021-31.

Her Worship the Mayor/Noonan

Resolved CL/2021/080

That the Council

1.     Notes that, following consideration of submissions, the fees and charges at the Nelson Tasman Regional Landfill Business Unit will increase by 20%; and

2.     Notes that, following consideration of submissions, there are no changes to the 2021/2022 Nelson Tasman Regional Landfill Business Unit Business Plan (A2495934); and

3.     Notes that, following consideration of submissions, there are no changes to the Nelson Tasman Regional Landfill Business Unit Activity Management Plan 2021-2031(A2511191).     

Edgar/Courtney                                                                                                  Carried

Resolved

That the Council

1.     Notes in principle that no change is proposed to the 20% increase in Nelson Tasman Regional Landfill Business Unit fees that was consulted on.

Edgar/Courtney

Resolved

That the Council

1.     Approves in principle provision for up to an additional $1.2 million in year 2 of the Long Term Plan 2021-31 to meet potentially higher than expected costs for the upgrade of the Awatea pump station.

McGurk/O'Neill-Stevens

Resolved

That the Council

1.     Approves in principle provision for up to an additional $4.3 million, being $2,520,000 in year 1 and $1,750,000 in year 2 of the Long Term Plan 2021-31, to meet potentially higher than expected costs for the completion of stage 4 of the Saxton Creek project.

McGurk/O'Neill-Stevens

Resolved

That the Council

1.     Approves in principle bringing forward $40,000 from year 5 and $40,000 from year 6 for the Ariesdale Terrace project to year 1 and year 2 of the Long Term Plan 2021-31.

McGurk/O'Neill-Stevens

Resolved

That the Council

1.     Notes in principle that funding for Resource Management Act reform transition and implementation costs are not included in the Long Term Plan 2021-31 and will be considered by Council when the implications are known.

Edgar/McGurk

Resolved

That the Council

1.     Approves in principle provision of up to an extra $128,000 operating expenditure in each of years 1 to 3 of the Long Term Plan 2021-31 for additional resource to deliver housing outcomes required by Council.  

Edgar/Sanson

Group Manager Community Services, Andrew White, answered questions about potential use and rationale for the proposed investments for the hockey lighting and the pole vault facility at Saxton Field.

Hockey Lighting

Resolved CL/2021/081

That the Council

1.     Approves in principle reallocation of $37,500 within Saxton Field budgets in year 1 of the Long Term Plan 2021-31 to go towards upgrading lighting for hockey to meet television broadcasting standards.

Pole Vault Facility

2.     Approves in principle reallocation of $18,000 within Saxton Field budgets in year 1 of the Long Term Plan 2021-31 to go towards the cost of a pole vault facility; and

3.     Notes in principle that the Top of the South Athletics Trust will raise 40% of the cost of the pole vault facility.

Courtney/O'Neill-Stevens                                                                 Carried

Resolved

That the Council

1.     Approves in principle bringing funding of $670,000 per annum forward from year 6 of the Long Term Plan 2021-31 to year 3, to improve frequency and extend hours of operation of the public transport service (as outlined in 6.6.4 of report R24772 to the 21 April 2021 Regional Transport Committee) dependent on the Waka Kotahi and Tasman District Council share of funding being available; and

2.     Approves in principle provision for an additional $38,000 funding per annum over the ten years of the Long Term Plan 2021-31 to provide the Living Wage for bus drivers in our public transport service, dependent on the successful completion of discussions with the contracted public transport operator; and

3.     Supports in principle any additional improvements on the basis that external additional funding is secured from non-rates sources, or that savings are made in other transport related activities.

McGurk/O'Neill-Stevens

Resolved CL/2021/094

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/Edgar                                                          Carried

1

Nelson City Council - Tasman District Council Engineering Services Agreement and Nelson City Council - Tasman District Council Waimea Community Dam Funding Agreement

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)

Group Manager Community Services, Andrew White, and consultant Chris Ward, of Policy Works Limited, presented the Business Case for the proposed Elma Turner Library redevelopment.  Activity Engineer Flood Protection, Toby Kay, and Tonkin and Taylor Water Resources Engineer, Damian Velluppillai were also present.  Mr Ward tabled a replacement page 246 with updated document numbers (A2649059).

Mr Ward and Mr White answered questions regarding:

·       The likely life span, size and scope of a new-build library, including incorporation of flexible spaces to allow for shared community spaces as well as potential developments in library services and functionality in the future, but acknowledging the danger of scope-creep;

·       The relationship of the library to any future climatorium and the Science and Technology Precinct, including the importance of providing public space in a riverside precinct;

·       The consultation process undertaken to date and future community engagement steps should the library redevelopment be approved;

·        Sustainability and resiliency issues, including designing towards greenstar principles, whether accreditation was sought in the future or not, support for local ecology, and the connection of the city to the Maitai River;

·        The potential for private investment into aspects of the library, including the potential for accommodation options, but acknowledging that the primary purpose of the library was as a community facility; and

·        Risk identification, and strategies for addressing risks and new information as the project developed.

Mr Kay and Mr Velluppillai answered further questions regarding:

·        The potential for liquefaction at the proposed site for the new library development;

·        The dynamic adaptive pathway process, and how aspects of this had been considered and utilised in the development of the Business Case;

·        The potential life span of a new building development on this site, taking into account planning and policy documents relating to risks or flooding, inundation and sea level rise; and

·        Potential actions that could be taken to minimise risks of flooding or inundation, including a flood mitigation plan, and how these were spread across various Council budgets.

During discussion, it was noted that officers had had a Zoom meeting with Climate Commissioner Dr James Renwick, who had been supportive of the level of detailed technical investigation that had been considered for the proposed site.

Her Worship the Mayor advised the meeting would move into confidential session to consider legal advice on elected members liability in relation to the project.  She added that Mr Ward and Mr Velluppillai would remain in confidential session, as they had knowledge relating to the project that could assist the meeting.

Resolved CL/2021/081

That the Council

1.     Confirms, in accordance with sections 48(5) and 48(6) of the Local Government Official Information and Meetings Act 1987, that Chris Ward, of PolicyWorks Limited, and Damian Velluppillai, of Tonkin and Taylor, remain after the public has been excluded, for discussion on the Elma Turner Library – Deliberations on Submissions to the Long Term Plan 2021 – 31 and Business Case, as they have knowledge that will assist the meeting.

Bowater/McGurk                                                                              Carried

Resolved CL/2021/082

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: 

Bowater/McGurk                                                                              Carried

1

Elma Turner Library – Deliberations on Submissions to the Long Term Plan 2021 – 31 and Business Case

For discussion

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

Councillor Noonan, seconded by Councillor Fulton, moved:

That the Council

1.     Receives the report Elma Turner Library - Deliberations on Submissions to the Long Term Plan 2021-31 and Business Case (R24785) and its attachment (A2630896); and

2.     Reconfirms that, having considered submissions on the Long Term Plan 2021-31 and having considered the business case, Council’s preferred option is to build a new library building on the corner of Halifax Street and Trafalgar Street, within the Riverside Precinct, subject to agreement with Wakatū Incorporation on a land exchange involving that site and the current library site; and

3.     Confirms that, prior to negotiations taking place:

•      Council will approve the land exchange negotiating team and its brief; and

4.     Confirms that, on completion of negotiations:

•      Council will approve the community engagement process, project management and governance approach, procurement process, financial management, and reporting and approvals processes for the proposed new library building: and

5.     Confirms that prior to design

•      Council will approve the level of any shared community spaces (including provision for community organisations) in the library building project scope; and

•      Council will approve climate change mitigation and environmental sustainability objectives for the new library building; and

6.     Noting the guiding principle of developing an accessible community space, that officers also consider housing opportunities in the planning process; and

7.     Confirms as part of the concept design process, a detailed flood mitigation plan will be completed, including consideration of adjoining sites.

8.     Confirms that, should negotiations with Wakatū Incorporation on a land exchange be unsuccessful, Council will proceed with Option Four – to construct a new high specification library on the current site; and

9.     Confirms that no financial contribution has been committed by Council to Wakatū Incorporation to support construction of the Climatorium.

Mr Dougherty answered questions regarding options for project management and governance oversight for the Elma Turner Library project, and explained that the size and scope of the project would require the contracting in of specific project management skills and experience.

Mr White, Mr Dougherty and Mr Kay answered further questions regarding a communications strategy for future community engagement, landscaping, exploration of housing opportunities as part of the project, appropriate timing for a flood mitigation plan, and options should Council be unsuccessful in negotiating a land swap with Wakatū Incorporation.

The meeting was adjourned from 11.41a.m until 12.18p.m.

With the agreement of the mover and seconder, the wording of the motion was amended as follows, to reflect issues that had been discussed:

That the Council

1.     Receives the report Elma Turner Library - Deliberations on Submissions to the Long Term Plan 2021-31 and Business Case (R24785) and its attachment (A2630896); and

2.     Reconfirms that, having considered submissions on the Long Term Plan 2021-31 and having considered the business case, Council’s preferred option is to build a new library building on the corner of Halifax Street and Trafalgar Street, within the Riverside Precinct, subject to agreement with Wakatū Incorporation on a land exchange involving that site and the current library site, and completion of a flood mitigation plan for the proposed building footprint including consideration of effects on adjoining sites; and

3.     Confirms that, prior to negotiations taking place:

•      Council will approve the land exchange negotiating team and its brief; and

4.      Confirms that, on completion of negotiations:

•      Council will approve the community engagement process (including a communication strategy), project management and governance approach, procurement process, financial management, and reporting and approvals processes for the proposed new library building and landscaping; and

5.      Notes that under best practice a Quality Assurance Framework is used for the life of the project

6.      Confirms that prior to design

•      Council will approve the level of any shared community spaces (including provision for community organisations) in the library building project scope; and

•      Council will approve climate change mitigation and environmental sustainability objectives for the new library building and surrounding landscaping; and

7.      Noting the guiding principle of developing an accessible community space, that officers also consider housing opportunities in the planning process and to report to Council on considerations; and

8.       Confirms that, should negotiations with Wakatū Incorporation on a land exchange be unsuccessful, officers will seek confirmation from Council to proceed with Option Four – to construct a new high specification library on the current site; and

9.       Confirms that no financial contribution has been committed by Council to Wakatū Incorporation to support construction of the Climatorium.

It was requested that the motion be taken in parts.

Resolved CL/2021/083

That the Council

1.     Receives the report Elma Turner Library – Deliberations on Submissions to the Long Term Plan 2021 – 31 and Business Case (R24785) and its attachment (A2630896).

Noonan/Fulton                                                                                    Carried

Resolved CL/2021/084

That the Council

2.    Reconfirms that, having considered submissions on the Long Term Plan 2021-31 and having considered the business case, Council’s preferred option is to build a new library building on the corner of Halifax Street and Trafalgar Street, within the Riverside Precinct, subject to agreement with Wakatū Incorporation on a land exchange involving that site and the current library site, and completion of a flood mitigation plan for the proposed building footprint including consideration of effects on adjoining sites.

Noonan/Fulton                                                                                    Carried

Resolved CL/2021/085

That the Council

3.     Confirms that, prior to negotiations taking place:

•    Council will approve the land exchange negotiating team and its brief; and

4.     Confirms that, on completion of negotiations:

•    Council will approve the community engagement process (including a communication strategy), project management and governance approach, procurement process, financial management, and reporting and approvals processes for the proposed new library building and landscaping; and

5.     Notes that under best practice a Quality Assurance Framework is used for the life of the project

6.     Confirms that prior to design

•    Council will approve the level of any shared community spaces (including provision for community organisations) in the library building project scope; and

•    Council will approve climate change mitigation and environmental sustainability objectives for the new library building and surrounding landscaping; and

7.     Noting the guiding principle of developing an accessible community space, that officers also consider housing opportunities in the planning process and to report to Council on considerations; and

8.    Confirms that, should negotiations with Wakatū Incorporation on a land exchange be unsuccessful, officers will seek confirmation from Council to proceed with Option Four – to construct a new high specification library on the current site; and

9.    Confirms that no financial contribution has been committed by Council to Wakatū Incorporation to support construction of the Climatorium.

Noonan/Fulton                                                                                    Carried

Group Manager Corporate Services, Nikki Harrison, presented the report, and advised that Tasman District Council had agreed to option three, a holding company funding vehicle only.

Councillors Sanson and Skinner returned to the meeting at 2.09p.m.

Ms Harrison answered questions regarding:

·     the manner in which Nelson City and Tasman District Council’s ownership of Port Nelson Limited and Nelson Airport Limited were taken into account for each Council’s Standard and Poor’s credit rating;

·     Governance measures to assure the viability of both companies, including the Statement of Expectation/Statement of Intent process and key financial performance measures, and the potential for a holding company to undertake business case reviews;

·     The advantages and opportunities posed by accessing funding via the Local Government Funding Agency (LGFA) over debt funding via trading banks, including ensuring Port Nelson was able to compete against other Ports accessing LGFA funding;

·     Council’s contingent liability for any LGFA funding, and whether there was ever likely to be any call on Council for this;

·     The potential to alter the debt/equity balance of a new holding company, thereby releasing debt to shareholders if appropriate;

·     Potential governance structures for a new holding company, including timing for setting up a new company, how to appoint directors, whether directors would include representatives of both companies, and the types of relationship with and reporting to each Council by Port Nelson and Nelson Airport;

·     Set-up costs for a new holding company, and the likelihood of each Council receiving ongoing dividend payments as a result of accessing cheaper funding; and

·     How to ensure transparency of public reporting for a holding company.

Councillor Courtney, seconded by Councillor Skinner moved and alternative motion:

That the Council

1.     Receives the report Proposed new Company Model for Nelson Airport and  Port Nelson  (R24786);

2.     Notes that a special consultative procedure has been carried out by Council, in accordance with section 83 of the Local Government Act 2002, covering the proposal to establish a new Council Controlled Trading Organisation; and

3.     Agrees that Option Two, status quo remains.

Her Worship the Mayor foreshadowed that, should the motion fail, she would move the recommendation in the officer’s report, seconded by Councillor Rainey.

Ms Harrison answered questions regarding Port Nelson Limited and Nelson Airport Limited’s positions in relation to the various options presented in the report.

The meeting was adjourned from 2.51p.m. until 2.54p.m.

Resolved CL/2021/086

That the Council

1.     Extends the meeting time beyond six hours, pursuant to Standing Order 4.2.

Edgar/Bowater                                                                                   Carried

Ms Harrison answered further questions regarding the benefits and opportunities that could be lost should Council not proceed with option three, a holding company funding vehicle only, and the submissions supporting various options as presented in the consultation document.

Elected members debated the motion.

Resolved CL/2021/087

That the Council

1.     Puts the motion under debate, pursuant to Standing Order 23.2(b).

McGurk/Rainey                                                                                  Carried

Her Worship the Mayor, seconded by Councillor Rainey, moved the officer’s recommendation.

Resolved CL/2021/088

That the Council

1.     Receives the report Proposed new Company Model for Nelson Airport and  Port Nelson  (R24786);

2.     Notes that a special consultative procedure has been carried out by Council, in accordance with section 83 of the Local Government Act 2002, covering the proposal to establish a new Council Controlled Trading Organisation; and

3.     Agrees that Option Three, a new company, established as a funding vehicle only, is the most appropriate way of providing financial benefits for the Nelson Airport, Port Nelson and shareholders; and

4.     Notes that shareholder agreement is required in order to proceed with any option other than the status quo; and

5.     Subject to Tasman District Council passing similar resolutions:

i)     Authorises the Mayor to vote the Council’s shareholding in the Nelson Airport Limited and Port Nelson Limited to give effect to clauses 3 and 4 of this resolution (CL/2021/100); and

ii)    Instructs the Chief Executive, in conjunction with Tasman District Council, to advise council staff and the boards of Nelson Airport Limited and Port Nelson Limited to develop a detailed plan for the establishment of the funding company; and 

iii)   Notes that subsequent amendments to Council’s    Long Term Plan 2021-2031 and supporting policies will    be required as part of the establishment of the Funding Company; and

6.     Notes that updates on the establishment of the Funding Company will be reported back to Council. 

Her Worship the Mayor/Rainey                                                          Carried

The meeting was adjourned from 3.29p.m. until 3.43p.m.

There was a discussion regarding whether a zero overdue fees policy for the late return of library items should be considered as part of the Long Term Plan 2021-2031.

Mr White answered questions regarding the impact of late fees on the return of library items, and the time point at which items were considered ‘lost’ rather than ‘late’.

Resolved

That the Council

1.     Approves in principle the development and implementation of a zero overdue fees policy for all late returned library items including books, DVDs, magazines and other lending items, effective from 1 July 2021; and

2.     Notes in principle that this decision would result in lost non-rates revenue of $37,000 annually; and

3.     Approves in principle additional rates contribution to the Library activity of $37,000 annually to offset the reduction in non-rates revenue; and

4.     Notes in principle that Council’s library policy for lost items would not be affected by this change in policy.

5.     Notes in principle that officers will review the policy change after 12 months and if required report back to Council.

O'Neill-Stevens/Sanson

This item was taken at the same time as the resolution below, regarding Nelson Regional Business Unit - 2021/22 Business Plan and 2021 – 31 Activity Management Plan.

Resolved CL/2021/089

That the Council

1.     Notes that, following consideration of submissions, there are no changes to the 2021/2022 Nelson Regional Sewerage Business Unit Business Plan (A2588602) adopted to populate the Nelson City Council and Tasman District Council 2021 – 2031 Long Term Plans; and

2.     Notes that, following consideration of submissions, there are no changes to the Nelson Regional Sewerage Business Unit Activity Management Plan 2021-2031 (A2588684) adopted to populate the Nelson City Council and Tasman District Council 2021 – 2031 Long Term Plans.

Edgar/Skinner                                                                                  Carried

This item was taken at the same time as the previous resolution regarding Nelson Regional Sewerage Business Unit Long Term Plan Submission Feedback Report.

Resolved

That the Council

1.     Notes in principle that the Long Term Plan 2021-31 will be updated to reflect the revised budgets presented in the Nelson Regional Sewerage Business Unit - 2021/22 Business Plan and 2021-31 Activity Management Plan adopted by the Infrastructure Committee.

Edgar/Skinner

Manager Community Partnerships, Mark Preston-Thomas, and Team Leader Arts and Heritage, Sarah Newman-Watts, spoke about the Arts Council location.  Ms Newman-Watts explained that Agenda page 73, paragraph 12.2 should be updated to state that lease funding had been included in years 1, 2 and 3 of the Long Term Pan 2021 – 31.

Group Manager Strategy and Communications, Nicky McDonald, answered questions regarding the review of Council’s arts policy guidance documents. 

Resolved

That the Council

1.     Approves in principle a provision of up to $12,000 in year 1 and year 2 of the Long Term Plan 2021-31 for the Nelson Arts Council as transition funding while it works to investigate income options to offset the increase in visitor numbers being experienced at its new city centre location; and

2.     Notes in principle that the request from the Arts Council to assist with acquiring a new permanent location in the central city will be considered as part of the work to review and update Nelson’s arts policy guidance documents.

O'Neill-Stevens/Rainey

Group Manager Community Services, Andrew White, answered questions regarding community use of the pocket park, and the proposed on-going maintenance of the park by the Nelson Centre for Musical Arts.

Resolved

That the Council

1.     Approves in principle provision for up to $25,000 operating grant in Year 1 of the Long Term Plan 2021-31 for the development of a pocket park on Nelson Centre for Musical Arts land on the basis that the Nelson Centre for Musical Arts will fund the remainder required to implement the landscape plan.

Her Worship the Mayor/Fulton

Manager Parks and Facilities, Rosie Bartlett, answered questions regarding the different timing of cemetery needs for Nelson City and Tasman District Councils, and how to maximise capacity in and otherwise improve Nelson’s cemeteries in the short term.

Resolved

That the Council

1.     Directs in principle staff to work with Tasman District Council on the option of a regional cemetery in Moutere or Wakefield.

Rainey/O'Neill-Stevens

The resolution was passed 7-6, on a show of hands.

Group Manager Community Services, Andrew White, answered questions regarding reasons for the reduced budget for the Summer Events Guide.

There was general agreement that it was preferable to have a printed copy of the guide available, rather than online only, and officers were encouraged to consider additional income streams to allow this to occur.

Team Leader Parks and Facilities Activity Management, Paul Harrington, and Principal Parks and Facilities Activity Planner, Andrew Petheram, answered questions regarding facilities at Guppy Park and the FC Nelson proposal for an upgraded changing rooms building to function as a community hub, the aspirations of the football and rugby codes for Guppy Park, potential lease arrangements for a community hub building, and potential timing for any future developments.

Resolved

That the Council

1.     Approves in principle provision of an additional $10,000 operating expenditure in year 1 of the Long Term Plan 2021-31 and an additional $50,000 operating expenditure per year thereafter for additional maintenance to increase sportsfield capacity by increasing hours of use; and

2.    Approves in principle $50,000 additional capital expenditure in year 2 of the Long Term Plan 2021-31 for investigation into improved sportsfield lighting; and

3.     Approves in principle $380,000 additional capital expenditure in year 4 of the Long Term Plan 2021-31 for Neale Park lighting improvements and ground levelling; and

4.     Approves in principle provision of an additional $300,000 capital expenditure in year 7 of the Long Term Plan 2021-31 for Tahuna Reserve lighting improvements; and

5.     Directs in principle officers to hold further discussions with interested sports codes and Sport Tasman about future developments at Guppy Park and to report on options to the Community and Recreation Committee.

Skinner/Courtney

Resolved

That the Council

1.     Approves in principle a provision of up to $140,000 in year 3 of the Long Term Plan 2021-31 for a reconfiguration of the Guppy Park changing rooms.

Skinner/Courtney

The motion was carried 7-6, on a show of hands.

Group Manager Community Services, Andrew White, Principal Parks and Facilities Activity Planner, Andrew Petheram, and Manager Nelson Marina, Nigel Skeggs, answered questions regarding the upcoming marina work programme, including completion of the Marina Masterplan, section 17A review, and establishment of a governance structure, and funding for the proposed sea sports building.

Resolved

That the Council

1.     Approves in principle moving the funding from hardstand improvements in years 7 and 8 of $800,000 (uninflated) to Year 1 of the Long Term Plan 2021 – 31 to address health, safety and security projects prior to the Marina Masterplan being consulted on; and

2.     Notes in principle that additional funding and some redistribution of capital budget between years of the Long Term Plan 2021-31 is likely to be required once the Marina Masterplan has been adopted.

3.     Requests officers to complete a Masterplan for the sea side of the marina; and

4.     Approves a provision of up to $110,000 in Year 1 of the Long Term Plan 2021-31 from the Marina account for a s17a review of governance models and transition costs towards a new governance model if required.

McGurk/Noonan

Nelson Tasman Economic Portfolio Manager, Jessica Bensemann, answered questions regarding Project Kōkiri deliverables, noting that details would be developed through the Nelson Regional Development Agency Statement of Intent process. 

Ms Bensemann answered further questions regarding how the Project Kōkiri workstreams would align with other organisations working with climate change objectives, Tasman District Council funding levels for the Nelson Regional Development Agency and how this would affect Project Kōkiri deliverables, NRDA tourism and other general workstreams, including increased focus on economic development alongside the focus on tourism.

Resolved

That the Council

1.     Approves in principle, subject to Council adopting Project Kōkiri 2, provision of up to $350,000 per annum additional funding in years 1 to 3 of the Long Term Plan 2021-31 for implementation of Project Kōkiri 2.

Edgar/Her Worship the Mayor

Manager Science and Environment, Jo Martin, answered questions regarding potential funding lines for blue carbon research.

Resolved

That the Council

1.     Approves in principle an operating grant of $10,000 each year in years 1, 2 and 3 of the Long Term Plan 2021-31 for the Tasman Environment Trust Blue Carbon research project to be funded from the Climate Change Reserve.

Rainey/Fulton

The motion was carried 10-2.

Group Manager Strategy and Communications, Nicky McDonald, answered questions regarding use of the climate reserve to support this project, and confirmed a funding agreement would be utilised.

Resolved

That the Council

1.     Approves in principle  support for Community Compost’s initiative to grow its organic collection operation through a provision for a grant of $32,000 from the Climate Change Reserve in the  2020/21 financial year.  

Fulton/Courtney

There was discussion regarding the potential deliverables as a result of funding Businesses for Climate Action.

Resolved

That the Council

1.     Approves in principle a provision of $65,000 operational funding per annum for Businesses for Climate Action for years 1 and 2 of the Long Term Plan 2021-31 and $45,000 for year 3 (with $38,000 of that funding being the remaining funds from the Climate Change Reserve and $137,000 being ratepayer funded).

Fulton/Courtney

Councillor Courtney, seconded by Councillor Edgar, moved:

That the Council

1.     Approves in principle a provision of $50,000 per annum for the Nelson Tasman Climate Forum for years 1 to 3 through the ten years of the Long Term Plan 2021-31 (being the total of the annual $50,000 funding allocated for community climate change projects in those three years).

Councillor Fulton, seconded by Councillor Sanson, moved an amendment

That the Council

1.     Approves in principle a provision of $100,000 per annum for the Nelson Tasman Climate Forum for years 1 to 3 through the ten years of the Long Term Plan 2021-31 (being the total of the annual $50,000 funding allocated for community climate change projects in those three years).

The amendment was lost on a show of hands, and the meeting returned to the original motion, which was put.

Resolved

That the Council

1.     Approves in principle a provision of $50,000 per annum for the Nelson Tasman Climate Forum for years 1 to 3 through the ten years of the Long Term Plan 2021-31 (being the total of the annual $50,000 funding allocated for community climate change projects in those three years).

Courtney/Edgar

Attendance:  Councillor Sanson left the meeting at 6.27p.m.

Team Leader City Development, Lisa Gibellini, and Strategy and Environment Senior Analyst, Chris Pawson, answered questions regarding wording in the Development Contributions Policy, including in relation to state integrated schools, and how the number of toilet pans was used to calculate development contributions for commercial and industrial developments.

Resolved CL/2021/090

That the Council

1.     Receives the report Deliberations on the Development Contributions Policy 2021 (R23764) and its attachments (A2502141 and A2625782); and

2.     Approves no changes being made to the proposed Nelson City Council Development Contributions Policy 2021 in response to the submissions received during the submission period as follows:

  Delayed Payment

3.     Approves that no change is required to the provisions of the Draft Development Contributions 2021 Policy to provide for delayed payment until building consent issue.

  Developers share of growth costs

4.     Approves that no change is required to the provisions of the Draft Development Contributions 2021 Policy with respect to the portion of costs attributed to growth and included in the development contributions.

  Reduction in reserves development contribution for   greenfield areas

5.     Approves that no change is required to the provisions of the Draft Development Contributions 2021 Policy with regard to the level of reserves development contribution for development within the built urban boundary.

  Reduction in reserves development contribution for   intensification areas

6.     Approves that no change is required to the provisions of the Draft Development Contributions 2021 Policy with regard to the level of reserves development contribution for development within the built urban boundary.

  City Centre waiver

7.     Approves that no change is required to the provisions of the Draft Development Contributions 2021 Policy with regard to the City Centre waiver.

Retirement villages

8.     Approves that no change is required to the provisions of the Draft Development Contributions 2021 Policy for retirement villages.

State integrated schools

9.     Approves that no change is required to the provisions of the Draft Development Contributions 2021 Policy for state integrated schools.

Discount for 1 and 2 bedroom dwellings

10.  Approves that no change is required to the provisions of the Draft Development Contributions 2021 Policy for the discount for 1 and 2 bedroom dwellings.

  Brownfield reserves discount

11.  Approves that no change is required to the provisions of the Draft Development Contributions 2021 Policy for the reserves discount for brownfield development.

Load specific development contributions

12.  Approves that no change is required to the provisions of the Draft Development Contributions 2021 Policy with regard to custom calculations for each individual site.

Catchments

13.  Approves that no change is required to the provisions of the Draft Development Contributions 2021 Policy with regard to catchments.

Built Urban Boundary Alignment

14.  Approves that no change is required to the provisions of the Draft Development Contributions 2021 Policy with regard to the Built Urban Boundary.

Library

15.  Approves that no change is required to the provisions of the Draft Development Contributions 2021 Policy with regard to inclusion of the library project as a growth project.

Amendment of reserves development contributions paid under the 2018 Policy

16.  Approves that no change is required to the provisions of the Draft Development Contributions 2021 Policy with regard to payment of reserves contributions under the 2018 Development Contributions Policy; and

17.  Notes that as a consequence of decisions on the Long Term Plan, amendments may be required to the projects listed in the Development Contributions Policy and the overall quantum of the contributions sought; and

18.  Approves that the proposed Nelson City Council Development Contributions Policy 2021 be taken to the Council meeting of 24 June 2021 for final adoption by Council.

Edgar/Rainey                                                                                   Carried

The meeting adjourned from 6.42p.m. to 6.55p.m, during which time Councillor Rainey left the meeting.

Team Leader Parks and Facilities Activity Management, Paul Harrington, tabled a document (A2651975) with proposed changes to funding years, and answered questions regarding the proposed reallocation and overall size of mountain-biking related budgets.

Resolved

That the Council

1.     Approves in principle the carry forward of $37,000 and approves a reallocation within the Long Term Plan 2021-31 budgets as per tabled document (A2651975) to redistribute capital and with a greater focus on renewals.

Skinner/Brand

Manager Strategy, Mark Tregurtha, answered questions regarding the reduced nature of the event, event budgets, the economic benefits flowing from the event, alternative sources of funding, and the events fund balance available for other events.

Resolved

That the Council

1.     Notes in principle that a grant of $50,000 has been contributed towards the Enduro World series, now scheduled for April 2022; and

2.     Requests in principle officers to work with Nelson Mountain Bike Club and Nelson Regional Development Agency to review the event budget and report back to Council on deliverability based on the original agreement in the 2019/20 Annual Plan or an additional $50,000 of underwriting.

Edgar/Her Worship the Mayor

Manager Parks and Facilities, Rosie Bartlett, answered questions regarding potential sources of funding for interpretation boards at Wakapuaka Cemetery.  She added that as Nelson West Rotary Club had confirmed funding for seating, this item was no longer required through the Long Term Plan 2021 – 31.

Resolved

That the Council

1.    Allocates in principle the following provisions for work at the Wakapuaka Cemetery in the Long Term Plan 2021-31 of up to:

a)       $5,000 capital expenditure per year for years 1 to 3 for plantings

b)       $3,500 capital expenditure in year 1 to make the garage more usable

c)       $7,000 capital expenditure in years 1 and 3 for interpretation boards

d)       $1,000 capital expenditure per year for blocks to identify denominations

e)       $2,500 operating expenditure per year for slope mowing.

Skinner/Edgar

Manager Nelson Marina, Nigel Skeggs, answered questions regarding potential timing for the project, and whether funding should come from the marina account or from other budget lines.

Resolved

That the Council

1.     Agrees in principle that Council will make provision to fund 80% of the cost of the Sea Sports building with the expectation that users will raise a minimum of 20% of the total construction costs, subject to site identification upon approval of the Marina Master Plan.

Skinner/Noonan

Group Manager Community Services, Andrew White, Team Leader Parks and Facilities Activity Management, Paul Harrington, answered questions regarding the potential timeframe and proposed location of the Surf Life Saving Clubrooms.

Resolved

That the Council

1.     Directs in principle officers to liaise with the Nelson Surf Life Saving Club about the proposed hub at Tahunanui in order to prepare a report for further consideration of the project by the Community and Recreation Committee.

O'Neill-Stevens/Skinner

Councillor Edgar, seconded by Councillor O’Neill-Stevens, moved:

That the Council

1.     Notes in principle that the establishment of a tennis club house in Rutherford Park would not require ratepayer funding; and

2.     Directs in principle officers to liaise with the Nelson Lawn Tennis Club about a potential site and lease conditions and bring a report to the Community and Recreation Committee for further consideration.

Manager Parks and Facilities, Rosie Bartlett, and Team Leader Parks and Facilities Activity Management answered questions regarding Reserves Act issues and design aspects.

With the agreement of the mover and seconder, the words “including approval of final design concept” were added to the second clause of the motion.

Resolved

That the Council

1.     Notes in principle that the establishment of a tennis club house in Rutherford Park would not require ratepayer funding; and

2.     Directs in principle officers to liaise with the Nelson Lawn Tennis Club about a potential site and lease conditions and bring a report to the Community and Recreation Committee for further consideration including approval of final design concept.

Edgar/O'Neill-Stevens

Principal Parks and Facilities Activity Planner, Andrew Petheram, answered questions regarding succession planning for the Seafarers Memorial Trust.

Resolved

That the Council

1.     Directs in principle staff to have discussions with the Seafarers Memorial Trust about the request for Council to take ownership of the Seafarers Memorial and to bring a report to the Community and Recreation Committee for consideration.

Skinner/Brand

Team Leader Parks and Facilities Activity Management, Paul Harrington, answered questions regarding location of the Glen cycleway.

Resolved

That the Council

1.     Approves in principle an additional $20,000 capital expenditure in year 1 of the Long Term Plan 2021-31  and $100,000 capital expenditure in year 4 for investigation and construction of a connecting off-road route to the Glen.

Her Worship the Mayor/O'Neill-Stevens

Resolved CL/2021/091

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/Skinner                                                       Carried

1

Campgrounds

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

Resolved

That the Council

1.     Approves in principle an additional $84,000 operational expenditure in year 2 of the Long Term Plan 2021-31 to cover costs related to allowing more time for completion of the compliance project before leasing of the Brook Valley Holiday Park commences; and

2.     Allocates in principle up to an additional $510,000 capital expenditure (being $410,000 in year 1 of the Long Term Plan 2021-31 and $50,000 in each of years 2 and 3) for an improved toilet block at the Brook Valley Holiday Park, and to connect long-term occupants to water and wastewater services as well as undertake other work related to achieving compliance and requests a report to the Strategic Development and Property Subcommittee prior to works being undertaken; and

3.     Requests officers review the future uses of the Maitai Valley Motor Camp and report back to the Strategic Development and Property Subcommittee; and

4.     Requests officers to reduce the cap on the number of Maitai Motor Camp users.

Edgar/Courtney

Resolved

That the Council

1.     Notes in principle the spreadsheet in Attachment 1 (A2634256) to Report R24777, as amended, to be used as the basis for specific responses to submitters on matters raised; and

2.     Delegates in principle authority to the Mayor, Deputy Mayor and relevant Committee Chair to make amendments to final responses to submitters, as long as they are not material and are consistent with the decisions made by Council.

O'Neill-Stevens/Courtney

Resolved

That the Council

1.     Approves in principle the 2020/21 capital carry forwards to the Long Term Plan 2021-31 capital expenditure budgets, as set out in Attachment 2 (A2642025) of Report R24777. 

O'Neill-Stevens/Courtney

Resolved

That the Council

1.     Approves in principle releasing the Depreciation Reserve of $391,000 and Pensioner Housing Reserve of $231,000 in year 1 of the Long Term Plan 2021 - 31 to offset rates.

Courtney/Noonan

Resolved

That the Council

1.     Approves in principle that the Long Term Plan 2021-31 be amended to include the changes in the attached document listing corrections and timing changes in Attachment 3 (A2641877) of Report R24777.

Lawrey/Skinner

The meeting returned to discuss funding allocated in principle to the Nelson Tasman Climate Forum.  There was a discussion regarding increasing funding for the Climate Forum, matched by deliverables reflecting Nelson City Council’s priorities.

Resolved

That the Council

1.     Approves in principle a provision of $100,000 per annum for the Nelson Tasman Climate Forum for years 1 to 3 of the Long Term Plan 2021-31 (including the annual $50,000 funding allocated for community climate change projects in those three years), subject to agreement on priorities and reporting requirements.

Her Worship the Mayor/Fulton

There was a discussion regarding funding sources for Nelson Tasman Business Trust.

Resolved

That the Council

1.     Approves in principle, an additional $10,000 per annum to the Nelson Tasman Business Trust in the Long Term Plan 2021-31.

Edgar/Courtney

Her Worship the Mayor advised that the decisions made ‘in principle’ during the meeting to deliberate on submissions to the draft Long Term Plan 2021-31 should now be confirmed.

Resolved CL/2021/092

That the Council

1.     Receives the report Deliberations on Submissions to the Long Term Plan 2021-31 Consultation and Related Matters (R24777) and its attachments (A2634256, A2642025 and A2641877); and

2.     Confirms the following Long Term Plan 2021-31 Deliberations ‘in principle’ resolutions as the basis for the Long Term Plan 2021-31 to be adopted on 24 June 2021:  

Awatea Place wastewater pump station upgrade

3.     Approves provision for up to an additional $1.2 million in Year 2 of the Long Term Plan 2021-31 to meet potentially higher than expected costs for the upgrade of the Awatea pump station.

Saxton Creek Stage 4

4.     Approves provision for up to an additional $4.3 million, being $2,520,000 in Year 1 and $1,750,000 in Year 2 of the Long Term Plan 2021-31, to meet potentially higher than expected costs for the completion of stage 4 of the Saxton Creek project.

Ariesdale Terrace

5.     Approves bringing forward $40,000 from Year 5 and $40,000 from Year 6 for the Ariesdale Terrace project to Year 1 and Year 2 of the Long Term Plan 2021-31.

Community Compost

6.     Approves support for Community Compost’s initiative to grow its organic collection operation through a provision for a grant of $32,000 from the Climate Change Reserve in the  2020/21 financial Year.  

Landfill fees and charges

7.     Notes that no change is proposed to the 20% increase in Nelson Tasman Regional Landfill Business Unit fees that was consulted on. 

Whakatū Whakamahere Nelson Plan

8.     Notes that funding for Resource Management Act reform transition and implementation costs are not included in the Long Term Plan 2021-31 and will be considered by Council when the implications are known.

Science and Technology Precinct

9.     Notes that the estimated $2.8 million capital funding for realigning Council’s stormwater pipe will be transferred into the stormwater activity and depreciated; and

10.  Approves a carry forward from 2020/21 to Year 1 of the Long Term Plan 2021-31 of the $1.5 million capital grant, payable to the Cawthron Institute (on the signing of the sale and purchase agreement between Port Nelson and the Cawthron Institute); and

11.  Approves bringing forward $2 million for the Science and Technology Precinct project from Year 2 to Year 1 of the Long Term Plan 2021-31; and

12.  Approves a loan funded capital grant of up to $1.2 million to Port Nelson as Council’s contribution towards the development at the Science and Technology Precinct, payable to Port Nelson on completion of the works; and

13.  Approves a provision of $500,000 additional funding in Year 1 of the Long Term Plan 2021-31 (bringing the total Council contribution to $5.5 million) towards the Science and Technology Precinct; and

14.  Notes that the total Council contribution towards the Science and Technology Precinct will be $5.5 million in Year 1 of the Long Term Plan 2021-31.

Housing

15.  Approves provision of up to an extra $128,000 operating expenditure in each of Years 1 to 3 of the Long Term Plan 2021-31 for additional resource to deliver housing outcomes required by Council.

Brook Waimarama Sanctuary Trust

16.  Allocates a provision of up to $9,400 capital expenditure in Year 1 of the Long Term Plan 2021-31 for resealing the 220m² of road leading to Sanctuary gates in conjunction with the reseal of roading within the campground; and

17.  Further allocates a provision of up to $80,000 capital expenditure in Year 1 of the Long Term Plan 2021-31 to extend WiFi coverage for the Brook Waimarama Sanctuary, particularly to the visitor centre.

Climate Change

18.  Approves a provision of $65,000 operational funding per annum for Businesses for Climate Action for Years 1 and 2 of the Long Term Plan 2021-31 and $45,000 for Year 3 (with $38,000 of that funding being the remaining funds from the Climate Change Reserve and $137,000 being ratepayer funded); and

19.  Approves a provision of $100,000 per annum for the Nelson Tasman Climate Forum for Years 1 to 3 of the Long Term Plan 2021-31 (including the annual $50,000 funding allocated for community climate change projects in those three Years), subject to agreement on priorities and reporting requirements; and

20.  Approves an operating grant of $10,000 each Year in Years 1, 2 and 3 of the Long Term Plan 2021-31 for the Tasman Environment Trust Blue Carbon research project to be funded from the Climate Change Reserve.

Arts Council location

21.  Approves a provision of up to $12,000 in Year 1 and Year 2 of the Long Term Plan 2021-31 for the Nelson Arts Council as transition funding while it works to investigate income options to offset the increase in visitor numbers being experienced at its new city centre location; and

22.  Notes that the request from the Arts Council to assist with acquiring a new permanent location in the central city will be considered as part of the work to review and update Nelson’s arts policy guidance documents.

Nelson Centre for Musical Arts

23.  Approves provision for up to $25,000 operating grant  in Year 1 of the Long Term Plan 2021-31 for the development of a pocket park on Nelson Centre for Musical Arts land on the basis that the Nelson Centre for Musical Arts will fund the remainder required to implement the landscape plan.

Library Operations

24.  Approves the development and implementation of a zero overdue fees policy for all late returned library items including books, DVDs, magazines and other lending items, effective from 1 July 2021; and

25.  Notes that this decision would result in lost non-rates revenue of $37,000 annually; and

26.  Approves additional rates contribution to the Library activity of $37,000 annually to offset the reduction in non-rates revenue; and

27.  Notes that Council’s library policy for lost items would not be affected by this change in policy; and

28.  Notes that officers will review the policy change after 12 months and if required report back to Council.

Cemeteries

29.  Directs staff to work with Tasman District Council on the option of a regional cemetery in Moutere or Wakefield.

Sportsfields

30.  Approves  provision of an additional $10,000 operating expenditure in Year 1 of the Long Term Plan 2021-31 and an additional $50,000 operating expenditure per year thereafter for additional maintenance to increase sportsfield capacity by increasing hours of use; and

31.  Approves $50,000 additional capital expenditure in Year 2 of the Long Term Plan 2021-31 for investigation into improved sportsfield lighting; and

32.  Approves $380,000 additional capital expenditure in Year 4 of the Long Term Plan 2021-31 for Neale Park lighting improvements and ground levelling; and

33.  Approves provision of an additional $300,000 capital expenditure in Year 7 of the Long Term Plan 2021-31 for Tahuna Reserve lighting improvements; and

34.  Directs officers to hold further discussions with interested sports codes and Sport Tasman about future developments at Guppy Park and to report on options to the Community and Recreation Committee; and

35.  Approves  a provision of up to $140,000 in Year 3 of the Long Term Plan 2021-31 for a reconfiguration of the Guppy Park changing rooms.

Mountain bike trails

36.  Approves the carry forward of $37,000 and approves a reallocation within the Long Term Plan 2021-31 budgets as per tabled document (A2651975) to redistribute capital and with a greater focus on renewals.

Enduro World Series

37.  Notes that a grant of $50,000 has been contributed towards the Enduro World series, now scheduled for April 2022; and

38.  Requests officers to work with Nelson Mountain Bike Club and Nelson Regional Development Agency to review the event budget and report back to Council on deliverability based on the original agreement in the 2019/20 Annual Plan, or an additional $50,000 of underwriting.

Saxton Field

Hockey lighting

39.  Approves reallocation of $37,500 within Saxton Field budgets in Year 1 of the Long Term Plan 2021-31 to go towards upgrading lighting for hockey to meet television broadcasting standards.

Pole Vault Facility

40.  Approves reallocation of $18,000 within Saxton Field budgets in Year 1 of the Long Term Plan 2021-31 to go towards the cost of a pole vault facility; and

41.  Notes that the Top of the South Athletics Trust will raise 40% of the cost of the pole vault facility.

Wakapuaka Cemetery

42.  Allocates the following provisions for work at the Wakapuaka Cemetery in the Long Term Plan 2021-31 of up to:

a)    $5,000 capital expenditure per year for Years 1 to 3 for plantings

b)    $3,500 capital expenditure in Year 1 to make the garage more usable

c)     $7,000 capital expenditure in Years 1 and 3 for interpretation boards

d)            $1,000 capital expenditure per year for blocks to identify denominations

e)    $2,500 operating expenditure per year for slope mowing.

Sea Sports Building

43.  Agrees that Council will make provision to fund 80% of the cost of the Sea Sports building with the expectation that users will raise a minimum of 20% of the total construction costs, subject to site identification upon approval of the Marina Master Plan.

Surf Life Saving club rooms

44.  Directs officers to liaise with the Nelson Surf Life Saving Club about the proposed hub at Tahunanui in order to prepare a report for further consideration of the project by the Community and Recreation Committee.

Lawn Tennis Club rooms

45.  Notes that the establishment of a tennis club house in Rutherford Park would not require ratepayer funding; and

46.  Directs officers to liaise with the Nelson Lawn Tennis Club about a potential site and lease conditions and bring a report to the Community and Recreation Committee for further consideration including approval of final design concept.

Seafarers Memorial

47.  Directs staff to have discussions with the Seafarers Memorial Trust about the request for Council to take ownership of the Seafarers Memorial and to bring a report to the Community and Recreation Committee for consideration.

Economic

48.  Approves, subject to Council adopting Project Kōkiri 2,  provision of up to $350,000 per annum additional funding in Years 1 to 3 of the Long Term Plan 2021-31 for implementation of Project Kōkiri 2.

Nelson Tasman Business Trust

49.  Approves an additional $10,000 per annum to the Nelson Tasman Business Trust in the Long Term Plan 2021-31

Responses to submitters

50.  Notes the spreadsheet in Attachment 1 (A2634256) to Report R24777, as amended, to be used as the basis for specific responses to submitters on matters raised; and

51.  Delegates authority to the Mayor, Deputy Mayor and relevant Committee Chair to make amendments to final responses to submitters, as long as they are not material and are consistent with the decisions made by Council.

Regional Public Transport changes

52.  Approves bringing funding of $670,000 per annum forward from Year 6 of the Long Term Plan 2021-31 to Year 3, to improve frequency and extend hours of operation of the public transport service (as outlined in 6.6.4 of report R24772 to the 21 April 2021 Regional Transport Committee) dependent on the Waka Kotahi and Tasman District Council share of funding being available; and

53.  Approves provision for an additional $38,000 funding per annum over the ten years of the Long Term Plan 2021-31 to provide the Living Wage for bus drivers in our public transport service, dependent on the successful completion of discussions with the contracted public transport operator; and

54.  Supports any additional improvements on the basis that external additional funding is secured from non-rates sources, or that savings are made in other transport related activities.

Nelson Regional Sewerage Business Unit

55.  Notes that the Long Term Plan 2021-31 will be updated to reflect the revised budgets presented in the Nelson Regional Sewerage Business Unit 2021/22 Business Plan and 2021-31 Activity Management Plan adopted by the Infrastructure Committee.

Campgrounds

56.  Approves an additional $84,000 operational expenditure in Year 2 of the Long Term Plan 2021-31 to cover costs related to allowing more time for completion of the compliance project before leasing of the Brook Valley Holiday Park commences; and

57.  Allocates up to an additional $510,000 capital expenditure (being $410,000 in Year 1 of the Long Term Plan 2021-31 and $50,000 in each of Years 2 and 3) for an improved toilet block at the Brook Valley Holiday Park, and to connect long-term occupants to water and wastewater services as well as undertake other work related to achieving compliance and requests a report to the Strategic Development and Property Subcommittee prior to works being undertaken; and

58.  Requests officers to review the future uses of the Maitai Valley Motor Camp and report back to the Strategic Development and Property Subcommittee; and

59.  Requests officers to reduce the cap on the number of Maitai Valley Motor Camp users.

Glen Cycleway

60.  Approves an additional $20,000 capital expenditure in Year 1 of the Long Term Plan 2021-31  and $100,000 capital expenditure in Year 4 for investigation and construction of a connecting off-road route to the Glen.

Marina

61.  Approves moving the funding from hardstand improvements in Years 7 and 8 of $800,000 (uninflated) to Year 1 of the Long Term Plan 2021–31 to address health, safety and security projects prior to the Marina Masterplan being consulted on; and

62.  Notes that additional funding and some redistribution of capital budget between the years of the Long Term Plan 2021-31 is likely to be required once the Marina Masterplan has been adopted; and

63.  Requests officers to complete a Masterplan for the sea side of the marina; and

64.  Approves a provision of up to $110,000 in Year 1 of the Long Term Plan 2021-31 from the Marina account for a s17a review of governance models and transition costs towards a new governance model if required.

Carry Forwards from 2020/21

65.  Approves the 2020/21 capital carry forwards to the Long Term Plan 2021-31 capital expenditure budgets, as set out in Attachment 2 (A2642025) of Report R24777. 

Final windup of Community Housing

66.  Approves releasing the Depreciation Reserve of $391,000 and Pensioner Housing Reserve of $231,000 in Year 1 of the Long Term Plan 2021 - 31 to offset rates.

Other changes since the Draft Long Term Plan consultation

67.   Approves that the Long Term Plan 2021-31 be amended to include the changes in the attached document listing corrections and timing changes in Attachment 3 (A2641877) of Report R24777.

Her Worship the Mayor/Edgar                                                          Carried

Attachments

1    7.4 A2648384 Saxton Creek Upgrade Stage 4

2    9.6 A2656425 Financial Strategy - Shortfall Graph

3    15. A2649059 Updated Agenda Page 246 - list of reference documents.

4    23.1 A2651975 Proposed mountain biking capital budget changes

1

CONFIDENTIAL: Funding to support Nelson Slipway Redevelopment and Services Expansion

That the Council

3.    Agrees that Report (R25836), and the decision be made publicly available once negotiations are concluded.

2

CONFIDENTIAL: Nelson City Council - Tasman District Council Engineering Services Agreement and Nelson City Council - Tasman District Council Waimea Community Dam Funding Agreement

That the Council

10.  Agrees that Report (R25852) and its attachments (A1382534, A1730382, A1844948, A2518793, A2602923, A2618282 and A2618446) and the decision be made publicly available once negotiations are concluded.

Important considerations for decision making

1.   Fit with Purpose of Local Government

Adopting the LTP and setting the rates fits with the purpose of local government as these two processes set out the services Council intends to provide, how these services will be measured, and how each service will be funded.

2.   Consistency with Community Outcomes and Council Policy

Implementation of the LTP is the key method used by Council to achieve the Community Outcomes. 

3.   Risk

 Some submitters may disagree with Council decisions and this will be mitigated by clear explanations of the reasons for decisions in the response letters.

There are some significant areas of uncertainty that present risks to the 10 year work programme eg. COVID-19 ongoing risks, government legislative changes and amalgamation of water services.  Changes that impact the work programme will need to be responded to by Council as they arise.

4.   Financial impact

The adoption of this LTP will result in an average rates increase in the first three years, adjusted for the impact of growth, of 5.7%, 5.4% and 5.0% respectively.  Over the following seven years, the overall increase in rates required including growth would average 5.1%. 

Debt is forecast to peak at $296 million in 2030/31.  The Long Term Plan 2021-31 forecasts show Council is proposing to remain within its rates and debt limits.  

5.   Degree of significance and level of engagement

The decisions on the content of the LTP are of high significance to residents and ratepayers of Nelson because of the financial and service level consequences.  The Local Government Act 2002 requires Council to use the Special Consultative Procedure for the Consultation Document, and some of the supporting documents.  Council has undertaken this process and met the requirements of the Act.

6.   Climate Impact

The LTP contains a significant amount of funding and many projects and work programmes to address both adaptation and emissions reduction, within Council activities and in the wider community.

7.   Inclusion of Māori in the decision making process

Iwi were included in the development of the LTP with eight hui held to discuss the activity management plans.   Information on priorities, financial strategy and the development of the LTP was provided at the Iwi-Council Partnership Group meeting in December 2020.

8.   Delegations

       The adoption of the LTP and the setting of rates are Council decisions.