Minutes of Council - 28 October 2021

Minutes of a meeting of the Nelson City Council

Te Kaunihera o Whakatū

Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson on Thursday 28 October 2021, commencing at 9.07a.m.

Present: Her Worship the Mayor R Reese (Chairperson), Councillors Y Bowater, T Brand, M Courtney, J Edgar (Deputy Mayor), K Fulton, M Lawrey, R O'Neill-Stevens, B McGurk, G Noonan, P Rainey, R Sanson and T Skinner

In Attendance: Chief Executive (P Dougherty), Group Manager Infrastructure (A Louverdis), Group Manager Environmental Management (C Barton), Group Manager Community Services (A White), Group Manager Corporate Services (N Harrison), Group Manager Strategy and Communications (N McDonald) and Governance Advisers (E Stephenson and K McLean)

Apologies : Nil

Karakia and Mihi Timatanga

Attendance: Councillor Edgar entered the meeting at 9.09am.

1. Apologies

There were no apologies.

2. Confirmation of Order of Business

Her Worship the Mayor advised the order of business may change to accommodate external presenters. (All external presenters spoke via Zoom.)

3. Interests

There were no updates to the Interests Register. Her Worship the Mayor declared an interest in confidential Item 3 - Nelson Regional Development Agency - Reappointment of Director.

4. Public Forum

4.1. Zero Carbon Nelson Tasman - Feedback on Kāinga Ora Housing Development (Social Housing)

Document number R26346

This public forum was withdrawn.

4.2. Tāhunanui Business and Citizens Association Incorporated - Waka Kotahi Proposals for Tāhunanui Drive and the Effects of those Proposals

Document number R26062

Paul Matheson and Jacinda Stevenson, accompanied by John Gilbertson, on behalf of the Tāhunanui Business and Citizens Association Incorporated, and Dr Stephen Neas, Tāhunanui Medical Centre, spoke about the Association’s meeting with Waka Kotahi over proposals for Tāhunanui Drive and the effects of those proposals. Supporting information was tabled (A2771891).

Mr Matheson said the Association supported other modes of transport and said that it did not support four-laning of Tāhunanui Drive. They felt that Waka Kotahi needed to revisit the effects on residents’ businesses.

Ms Stevenson spoke to Waka Kotahi’s objectives of safety, wellbeing of residents and safer journeys for all, noting that Tāhunanui Drive was already busy enough, with a unique intersection, a variety of vehicles, scenery distraction and cross traffic. They felt the government objective of safe access to health care was not being met and that the road did not meet world health standards.

Dr Stephen Neas, General Practitioner at Tāhunanui Medical Centre, felt the primary concern was the impact of two southbound lanes on safe access to essential health services.

The submitters answered questions regarding their public forum.

Attachments

1 A2771891 - Tāhunanui Business and Citizens Association Inc tabled information

4.3. Public Health Service - Nelson Marlborough District Health Board - Nelson Future Access Project

Document number R26351

Jane Murray, Health in all Policies Advisor, on behalf of Public Health Service Nelson Marlborough District Health Board (NMDHB), spoke about the Nelson Future Access Project (FAS) from a public health perspective. She noted the FAS supported a specific focus on cycling, walking and ride share and on increased safety and environmental benefits, however, there was a lack of cycle paths and parks improving the pedestrian journey and she felt it was difficult to see what the active travel improvements were from the Council report. She highlighted the importance of traffic calming.

In response to a question, Ms Murray said that the NMDHB had not submitted specifically around noise issues.

5. Confirmation of Minutes

5.1 23 September 2021

Document number M18958, agenda pages 12 - 38 refer.

Resolved CL/2021/224

That the Council

1. Confirms the minutes of the meeting of the Council, held on 23 September 2021, as a true and correct record.

Her Worship the Mayor/Courtney Carried

6. Mayor's Report

Document number R26347

Her Worship the Mayor gave a verbal report, noting the COVID-19 cases in Blenheim and Christchurch and the Government’s announcement on the Three Waters Reforms.

Attendance: Councillor Brand left the meeting at 9.44am.

The Mayor answered questions regarding the Three Waters Reforms.

Attendance: Councillor Brand returned to the meeting at 9.50am.

The meeting was adjourned from 9.52am until 9.58am.

During questions on the Three Waters Reforms, the following Points of Order were raised:

· Councillor Lawrey against Councillor Skinner for disrespect, in that he did not use Minister Mahuta’s full title. The Point of Order was not upheld, however, the Mayor cautioned Councillor Skinner to be respectful

· Councillor Edgar against Councillor Skinner for misrepresentation of the advice given at the 23 September Council meeting, in that the commentary was not opinion, it was fact, and the decision to opt in or out was not a decision to be made at that meeting. The Point of Order was upheld

· Councillor O’Neill-Stevens against Councillor Courtney for misrepresentation, in saying that Nelson City was having its assets stripped away. The Point of Order was upheld

· The Mayor against Councillor Courtney for misrepresentation, in saying that the Nelson people felt let down. The Mayor felt that misinformation had led to an untrue scenario. The Point of Order was upheld

· Councillor Edgar against Councillor Brand for misrepresentation, in that the Mayor had not said that Councillor Brand misled the public. The Point of Order was upheld.

In light of the number of Points of Order raised, Elected Members were urged to consider how they resolved conflict in the future, and how to share their views respectfully.

In closing, the Mayor highlighted the need to feed in to the working group process and the importance of being engaged. She said, given the importance of the issue, she would like the Select Committee to visit the regions.

7. Uniquely Nelson - Annual Report 2020/21 (deferred from 23 September 2021 Council meeting) (Agenda Item 8)

Document number R26321, agenda pages 39 - 71 refer.

Attendance: Councillor Skinner left the meeting at 10.26am.

Simon Duffy, Manager Uniquely Nelson and Chris Butler, Chairperson, presented this item. Mr Duffy spoke about the impacts of COVID-19 on businesses and the community.

Her Worship the Mayor acknowledged the enormous amount of work done over the last year, which had not been an easy time.

Mr Duffy and Mr Butler answered questions regarding the Buddy Up programme, the effects on the retail and hospitality sectors and on a competition to encourage online shopping.

Attendance: Councillor Skinner returned to the meeting at 10.40am.

In response to a question, Mr Duffy said that shaping a future through an emissions reduction lens and working on sustainable eco-tourism was an important part of the future. Mr Butler noted that a board conversation had taken place on how to align closer to a regional strategy and that more talks with organisations like the Nelson Regional Development Agency were needed.

Resolved CL/2021/225

That the Council

1. Receives the report Uniquely Nelson - Annual Report 2020/21 (deferred from 23 September 2021 Council meeting) (R26321) and its attachment (A2739506); and

2. Approves the Uniquely Nelson Annual Report as sufficient to provide Council with an overview of its activities during the 2020/21 year.

Fulton/Edgar Carried

8. Cawthron Institute work programme

Document number R26243

Volker Kuntzch, Cawthron Institute Chief Executive, spoke regarding the Cawthron Institute’s work programme. A presentation was provided (A2774804).

Mr Kuntzch noted that the Cawthron Institute was in its centenary year, its revenue was $50m, with half its funding from government and half through activities and projects with industry. He noted the Institute would like to diversify and become slightly more commercially oriented.

The presentation covered areas of research, setting global standards, world firsts, the algae sector, toxin as potential anaesthetic, freshwater management solutions, marine ecosystem management and the Aquaculture Park and Science and Technology Park.

Mr Kuntzch answered questions regarding the presentation.

Attachments

1 A2774804 - Cawthron Institute Presentation

The meeting was adjourned from 11.13am until 11.29am, at which time Councillor Skinner was not present.

9. Recommendations from Committees

7.1 Strategic Development and Property Subcommittee - 21 October 2021

7.1.1 Tahuna Beach Camp - Approval to Lease Campground to the Tahuna Beach Camp Incorporated

Attendance: Councillor Skinner returned to the meeting at 11.31am.

Recommendation to Council CL/2021/226

That the Council

1. Approves the leasing of the Tahuna Beach Camp to the Tahuna Beach Camp Incorporated Society for an initial term of eleven (11) years with two (2) rights of renewal of eleven (11) years each with renewals dependent on the Lessor and Lessee agreeing the annual base fee and gross income percentage.

Noonan/Bowater Carried

10. Nelson Future Access - Business Case Endorsement

Document number R26073, agenda pages 72 - 113 refer.

Group Manager Infrastructure, Alec Louverdis presented the report, noting that endorsement of the Business Case would allow Waka Kotahi officers to submit the Business Case to the Waka Kotahi Board. He introduced Waka Kotahi representatives Emma Speight, Coral Aldridge, Neil Cree and Anna Sanson. A PowerPoint presentation was provided (A2774738).

Ms Speight noted that submission of the Business Case was not a commitment to delivery and timeframes, but a direction working towards the same outcomes.

Attendance: Councillor Noonan left the meeting from 12.21pm until 12.30pm.

Discussion occurred regarding all facets of the Business Case and its potential impacts on the community.

The meeting was adjourned from 12.45pm until 1.31pm.

Questions and discussion continued and particular concerns were raised around the health and safety of the Tahunanui community as well as active transport users.

The meeting was adjourned from 2.44pm until 2.57pm.

Following discussion, an extra clause was added to the recommendations to express the importance of safety for the Tāhunanui community.

Resolved CL/2021/227
	*That the Council* *1. Receives the report Nelson Future Access - Business Case Endorsement (R26073) and its attachments A2631617, A2749609, A2771168 and A2770156; and* *2. Endorses the Nelson Future Access Business Case (Attachment A2770156 of Report R26073) to enable submission to the Waka Kotahi Board for approval; and* 3. Notes that a variation to amend the Regional Land Transport Plan is required to include the SH6 Rocks Road Pre-Implementation Phase to facilitate Waka Kotahi seeking funding concurrently with the Business Case approval, and that consultation on this variation is not required as it does not trigger Council’s Regional Land Transport Plan’s Significance Policy and nor is it appropriate to carry out any additional consultation in the circumstances; and 4. Notes that funding applications will be made to the Waka Kotahi Board concurrently with the Business Case approval for the Washington and Railway Reserve to Waimea walking and cycling projects to enable pre-implementation work to commence; and 5. Notes that work will commence on several safety projects as detailed in Report R26073, funded from the Low Cost Low Risk funding assigned to Nelson City Council from the approved National Land Transport Programme; and 6. Notes that officers will progress with assessing off-street parking options in Tahunanui, pending the permanent reinstatement of the southbound lane at Bisley signals, and will report back to Council on this matter; and 7. Notes that a safe state highway network through Tahunanui remains a priority for Nelson City Council and its community
McGurk/Her Worship the Mayor Carried unanimously
Attachments 1 A2774738 - Waka Kotahi Nelson Future Access presentation

Her Worship the Mayor thanked the Waka Kotahi team and the Chief Executive for their work towards this immense task. She acknowledged Rhys Palmer’s contribution and acknowledged Group Manager Infrastructure, Alec Louverdis, for his mammoth effort towards this controversial project.

Extension of Meeting Time
Resolved CL/2021/228
	*That the Council* 1. Extends the meeting time beyond six hours, pursuant to Standing Order 4.2.
Her Worship the Mayor/Edgar Carried

The meeting was adjourned from 3.31pm until 3.35pm.

11. Nelson Central Library - Project Management and Governance Structure

Document number R26049, agenda pages 114 - 131 refer.

Group Manager, Infrastructure, Alec Louverdis, answered questions regarding the assumptions on agenda page 124 and on the recommended governance structure.

The following minor amendments were agreed:

· Agenda page 129 – relevant project staff to be separated out clarifying that they do not have membership

· Agenda page 130 - 7 - third bullet point – the word ‘group’ to be deleted

· Agenda page 127 – remove reference to design and build as this was not a preference at this stage

· Amend Nelson City Council to say ‘Full’ Council, for clarity

· Agenda page 117 - (governance) and (management) to be added

· Agenda page 127 – (under Quality Assurance Lead) – add – ‘notes that the project manager and lead contractor sign the quality log that delivery meets required standards’.

Elected Members nominated their choice of two Elected Members for membership of the Governance Group. The nominations were collated by Group Manager, Community Services, Andrew White, with Councillors Rohan O’Neill Stevens and Brian McGurk declared as the successful nominees and recommendation clause 4 was updated accordingly.

Mr Louverdis confirmed that a community engagement plan and sustainability objectives would be brought back for Council consideration and that this was the most robust framework to give effect to Council resolutions regarding delivery of the project with appropriate checks and balances.

Resolved CL/2021/229

That the Council

1. Receives the report Nelson Central Library - Project Management and Governance Structure (R26049) and its attachments (A2758524, A2762028 and A2760701); and

2. Approves the project management and governance structure as set out in Report R26049 and its attachments (A2758524, A2762028 and A2760701); and

3. Agrees to establish a Nelson Central Library Governance Reference Group with Terms of Reference as set out in (A2760701); and

4. Appoints the Mayor, Deputy Mayor, Councillor O'Neill-Stevens and Councillor McGurk to the Nelson Central Library Governance Reference Group; and

5. Notes that the approval of the project management and governance structure does not constrain Council in relation to any final decision on library location, design, or construction procurement.

Rainey/Lawrey Carried

12. Property and Facilities Activity Management Plan 2021-31

Document number R18127, agenda pages 132 - 196 refer.

This agenda item was withdrawn.

13. Deliberations on sale of 69 to 101 Achilles Avenue and/or 42 Rutherford Street to Kāinga Ora for social and affordable housing

Document number R26213, agenda pages 197 - 224 refer.

Attendance: Councillor Rainey left the meeting at 4.30pm.

Julia Campbell, Regional Director, Kāinga Ora, and Strategic Housing Adviser, Lisa Gibellini, answered questions on this item, including:

· the building timeline and housing typology

· supporting local contractors for the project, including engaging a local architect

· updates would be provided through the Councillors’ newsletter

· scale of height

· mechanisms for control and addressing feedback concerns

· reassurance about antisocial behaviour and the role of the Nelson tenancy team

· methods to ensure the housing remains affordable

· all recommendations in the report would be subject to a Memorandum of Understanding or Sale and Purchase agreement

· affordability

· community engagement

· parking and transport links.

Resolved CL/2021/230

That the Council

1. Receives the report Deliberations on sale of 69 to 101 Achilles Avenue and/or 42 Rutherford Street to Kāinga Ora for social and affordable housing (R26213) and its attachments (A2763085 and A2767627); and

2. Accepts the following late feedback (A2767627) on the proposal to sell 69 to 101 Achilles Avenue and/or 42 Rutherford Street to Kāinga ora for social and affordable housing:

· Rachel Boyack, MP for Nelson

· Ainslie Riddoch

3. Approves the sale of 69 to 101 Achilles Avenue and 42 Rutherford Street to Kainga Ora subject to a negotiating brief that includes the following terms:

(i) That the sites be sold for market value to be determined by agreement with Kāinga Ora having regard to independent valuations for the site obtained by Kāinga Ora and Nelson City Council.

(ii) The design outcomes which were outlined to the community as part of the consultation document (A2704161) be adopted to inform the development design:

(a) High quality, high amenity, interactive and accessible design to street and laneway edges.

(b) Design compatibility with the adjacent public spaces and central city location.

(c) The use of appropriately scaled and well-modulated/articulated architectural design elements and an appropriate provision of space, openings and materiality (i.e windows, balconies and cladding types).

(d) Integration of vehicle, public transport and pedestrian circulation with adjoining street frontages and Wakatu Square with minimal provision of on-site carparking.

(e) Inclusion of quality, climate resilient, sustainable, design and building practices.

(f) Less than 50% of household units will be for social housing, the remainder will be a mix of affordable housing types.

(g) Demonstrates consistency with the six key moves of the Nelson City Council City Centre Programme Plan (August 2019).

(h) Minimise, as far as practicable, shading effects that lead to safety hazards on public streets, areas and footpaths.

(i) Provide appropriate cycle storage and servicing facilities.

(j) Within these outcomes, maximise housing yield; and

(iii) That Kāinga Ora works in partnership with Council officers on the design of the building, including that officers are part of the Kāinga Ora Project Steering Group contributing to decision making and Project Team responsible for progressing the project and its design.

(iv) That Kāinga Ora will seek to commission a local architect to be part of the design team for the development to ensure the building is a good fit with the city centre and Council priorities (exemplar intensification and affordable housing, good urban design including appropriate scale and height, sustainability features, provides for active mode).

(v) That Kāinga Ora will, where reasonably possible, partner with local housing providers and developers and/or iwi to deliver the project to ensure that affordable rental and affordable apartment sales are enduring and well managed.

(vi) That Kāinga Ora will, where reasonably possible, utilise local construction companies and local materials to undertake the build, acknowledging that this may be affected by the current market shortage of both locally.

(vii)That Kāinga Ora uses its placement principles to allocate its social housing tenants to the housing typology of inner-city apartment living.

(viii)That communication with the community is undertaken by Kāinga Ora to ensure the community is well informed of progress, including during the progression of development design and housing partnership formations.

(ix) That a condition is imposed to ensure that if development of at least one of the sites has not commenced construction within 3 years, both sites will be offered back to Council to purchase for the sale price, less any works that have reduced its value.

(x) That a condition is imposed on sale that a covenant will be registered on the title giving Council a right of first refusal to purchase, on terms acceptable to Council, should Kāinga Ora seek to sell all or any part of the sites at any time unless the sales relate to affordable unit title apartments developed by Kāinga Ora or in partnership with others (subject also to any applicable legal obligation on Kāinga Ora to first offer to iwi).

(xi) As appropriate, a Memorandum of Understanding may be signed with the purchaser to reflect shared objectives for the development that are not included in the sale and purchase agreement.

(xii) Any other reasonable terms of sale necessary for the divestment.

4. Delegates to the Mayor, Deputy Mayor/Chair of the Urban Development Subcommittee and Chief Executive the negotiation and approval of the sale and purchase agreement and Memorandum of Understanding (if appropriate) provided the terms are substantially consistent with the negotiating brief; and

5. Notes that progress on negotiations and development design will be overseen by the Kāinga Ora Governance Reference Group in accordance with the Terms of Reference; and

6. Notes that tenants of 69 to 101 Achilles Avenue and 42 Rutherford Street will be advised of Councils decision, and kept up to date on progress with negotiations, including advice in relation to the effect on their tenancies by officers; and

7. Confirms that the proceeds from any sale will be used to pay off debt; and

8. Approves the sale of 69 to 101 Achilles Avenue and 42 Rutherford Street and identifies the matters in relation to making such a decision in accordance with section 80 of the Local Government Act, including:

(a) While it is not clear, the decision to sell 69 to 101 Achilles Avenue and 42 Rutherford Street to Kāinga Ora rather than via public auction may be inconsistent with the NCC Asset Disposal Policy 2015; and

(b) Council has decided to approve the sale notwithstanding the apparent inconsistency with the Policy because of the broader strategic benefit of the proposal for the community (noting the above conditions) and the enhanced relationship with Kāinga Ora, together with the objective to sell the properties for market value; and

The motion was put and a division was called:

For

Cr Brand

Cr Courtney

Cr Edgar

Cr Fulton

Cr Lawrey

Cr O'Neill-Stevens

Cr McGurk

Cr Sanson

Her Worship the Mayor Reese (Chairperson)

Against

Cr Bowater

Cr Noonan

Cr Skinner

Absent

Cr Rainey

The motion was carried 9 - 3.

Edgar/Her Worship the Mayor Carried

14. Exclusion of the Public

Resolved CL/2021/231

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:

Edgar/Her Worship the Mayor Carried

Item	General subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Particular interests protected (where applicable)
1	Council Meeting - Confidential Minutes - 23 September 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)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)
2	Totara Street Properties	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7	The withholding of the information is necessary: · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person · Section 7(2)(h) To enable the local authority to carry out, without prejudice or disadvantage, commercial activities · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)
3	Nelson Regional Development Agency - Reappointment of Director	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7	The withholding of the information is necessary: · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person

The meeting went into confidential session at 5.09pm and resumed in public session at 5.24pm.

Karakia Whakamutunga

Restatements

It was resolved while the public was excluded:

Totara Street Properties

That the Council

6. Agrees that Report (R23744), attachments A2759441 and A2751938, and the decision be made publicly available once negotiations are concluded.

Nelson Regional Development Agency - Reappointment of Director

That the Council

3. Agrees that the decision only be made publicly available once the 2021 Nelson Regional Development Agency Annual General Meeting has taken place.

There being no further business the meeting ended at 5.25pm.

Confirmed as a correct record of proceedings by resolution on 8 December 2021

Resolved CL/2021/251

That the Council

1. Confirms the minutes of the meeting of the Council, held on 28 October 2021, as a true and correct record.