Notice of the Ordinary meeting of

Nelson City Council

Te Kaunihera o Whakatū

 

Date:                      Thursday 10 March 2022

Time:                      9.00a.m.

Location:                 via Zoom

Agenda

Rārangi take

Chairperson                    Her Worship the Mayor Rachel Reese

Deputy Mayor                 Cr Judene Edgar

Members                        Cr Yvonne Bowater

        Cr Trudie Brand

        Cr Mel Courtney

        Cr Kate Fulton

        Cr Matt Lawrey

        Cr Rohan O'Neill-Stevens

        Cr Brian McGurk

        Cr Gaile Noonan

        Cr Pete Rainey

        Cr Rachel Sanson

        Cr Tim Skinner

Quorum    7                                                                                 Pat Dougherty

Chief Executive

Nelson City Council Disclaimer

Please note that the contents of these Council and Committee agendas have yet to be considered by Council and officer recommendations may be altered or changed by the Council in the process of making the formal Council decision. For enquiries call (03) 5460436.


Council Values

 

Following are the values agreed during the 2019 – 2022 term:

 

A. Whakautetanga: respect

B. Kōrero Pono: integrity

C. Māiatanga: courage

D. Whakamanatanga: effectiveness

E. Whakamōwaitanga: humility

F. Kaitiakitanga: stewardship

G. Manaakitanga: generosity of spirit

 

 


Nelson City Council

10 March 2022

 

 

Page No.

 

Karakia and Mihi Timatanga

1.       Apologies

Nil

2.       Confirmation of Order of Business

3.       Interests

3.1      Updates to the Interests Register

3.2      Identify any conflicts of interest in the agenda

4.       Public Forum

5.       Confirmation of Minutes

              

           There are no minutes to confirm.

6.       Recommendations from Committees                                   

6.1     Strategic Development and Property Subcommittee - 17 February 2022

6.1.1   Chairperson's Report

Recommendation to Council

 

That the Council

1.    Notes that Mr Roger Gibbons has advised his intention to resign from the role of Chair of the Marina Advisory Group

2.    Notes that the Strategic Development and Property Sub-committee supports the Marina Advisory Group’s intention to appoint current Marina Advisory Group member Mr Rob Greenaway as the new acting Chair of the Marina Advisory Group

 

6.2     Audit, Risk and Finance Subcommittee - 22 February 2022

6.2.1   Service Delivery Reviews (s17A reviews) work programme

Recommendation to Council

 

That the Council

1.    Approves retention of the current threshold that triggers a service delivery review under section 17A of the Local Government Act 2002; and

2.    Approves applying the two exemptions under the                 Local Government Act 2002 sections 17A(3)(A) and         17A(3)(b) for the Nelson Regional Sewerage Business         Unit and Utilities – Stormwater/Flood         Protection/Wastewater (including Wastewater         Treatment Plant(s)/Water Supply.

 

 

6.3     Infrastructure Committee - 24 February 2022

6.3.1   Infrastructure Quarterly Report

Recommendation to Council

 

That the Council

1.    Approves bringing forward budgeted capital funding of $3,205,600 from 2022/2023 to 2021/2022, to allow early completion of the Awatea Place wastewater pump station project in 2022/23; and

2.    Approves unbudgeted additional capital funding of $964,000 for the Rutherford Street Stormwater upgrade project to allow award of a tender, following Tenders Subcommittee approval, ahead of the approval of the Annual Plan, noting that this amount has been included in the 2022/23 Annual Plan.

 

 


 

7.       Recommendation from Saxton Field Committee - 10 November 2021 - BMX Track                                                                  9 - 19

Document number R26417

Recommendation

That the Council

1.    Carries forward funding for the BMX track of $75,000 in 2021/22 to year 2024/25, to be considered in the Long Term Plan 2024-2034

2.    Notes Tasman District Council is also carrying forward funding for the BMX track of $75,000 from 2021/22 to year 2024/25 to be considered in the Long Term Plan 2023-34.

 

 

8.       Mayor's Report                                                          20 - 21

Document number R26668

Recommendation

That the Council

1.    Receives the report Mayor's Report (R26668)

 

 

9.       Nelson Tasman Business Trust Presentation of Annual Report 2021                                                                                22 - 26

Document number R26526

Members of NTBT will be attending at 10.00am

Recommendation

That the Council

1.    Receives the report Nelson Tasman Business Trust Presentation of Annual Report 2021 (R26526) and its attachment (A2824428)

 

 

10.     Status Report - Council                                              27 - 64

Document number R26666

Recommendation

That the Council

1.    Receives the report Status Report - Council (R26666) and its attachment (A1168168).

 

 

11.     Options for the Annual Plan 2022/23                         65 - 88

Document number R26534

Recommendation

That the Council

1.        Receives the report Options for the Annual Plan 2022/23 (R26534) and its attachments (A2830485 and A2837769); and

2.        Agrees to reduce the Uniform Annual General Charge from 13% to 11% from 1 July 2022; and

3.        Agrees that the content of the Annual Plan 2022/23 does not include significant or material differences to year two of the LTP and therefore consultation on the Annual Plan 2022/23 will not be undertaken; and

4.        Notes that there will be messaging prepared for the community on the content of the proposed Annual Plan 2022/23 and Council’s consultation decision, noting other matters Council is planning to engage the community on during the 2022 year; and

5.        Notes that the final Annual Plan and rates resolutions for 2022/23 will be brought for adoption before the end of June 2022.

 

  

Confidential Business

12.     Exclusion of the Public

Recommendation

That the Council

1.        Excludes the public from the following parts of the proceedings of this meeting.

2.        The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows: 

 

Item

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Particular interests protected (where applicable)

1

Recommendation from Committees

Chief Executive Employment Committee - 22 February 2022

Chief Executive's Remuneration Review 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

2

Status Report - Council - Confidential

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7

The withholding of the information is necessary:

·    Section 7(2)(a)

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

·    Section 7(2)(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

Chief Executive's Draft Performance Agreement and Key Performance Indicators for 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)(a)

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

 

 

Karakia Whakamutanga

 

  

 


 

Item 7: Recommendation from Saxton Field Committee - 10 November 2021 - BMX Track

 

Council

10 March 2022

 

 

REPORT R26417

Recommendation from Saxton Field Committee - 10 November 2021 - BMX Track

 

 

1.       Purpose of Report

1.1      To present a recommendation to Nelson City Council and Tasman District Council from the Saxton Field Committee meeting of 10 November 2021.

2.       Recommendation

That the Council

1.    Carries forward funding for the BMX track of $75,000 in 2021/22 to year 2024/25, to be considered in the Long Term Plan 2024-2034

2.    Notes Tasman District Council is also carrying forward funding for the BMX track of $75,000 from 2021/22 to year 2024/25 to be considered in the Long Term Plan 2023-34.

3.       Discussion

3.1      A report titled Saxton Field Activity Report was presented to the Saxton Field Committee meeting on 10 November 2021.  A copy of this report is included as Attachment 1.

3.2      The report provided an update on projects at Saxton Field including the BMX track, which was proposed for deferral because investigations revealed the proposed site was not suitable. Engagement with the Nelson BMX Club has been undertaken on the deferral (as noted in paragraph 4.1 to 4.10 of Attachment 1).

3.3      A copy of the minutes of the Saxton Field Committee meeting of 10 November 2021 is included as Attachment 2.

 

 

 

Author:          Jane Loughnan, Parks and Facilities Asset Planner

Attachments

Attachment 1:   A2809238 Report to Saxton Field Committee - 10Nov2021

Attachment 2:   A2809231 Saxton Field Committee - Unconfirmed minutes - 10Nov2021  

 

Important considerations for decision making

1.   Fit with Purpose of Local Government

This project is to provide local infrastructure to support the social wellbeing of the region and is being deferred to ensure that financial constraints can be met.

2.   Consistency with Community Outcomes and Council Policy

The BMX track was budgeted for in the Long-Term Plan.

3.   Risk

There is a risk of proceeding with the project at this time given the costs, design considerations and fundraising ability of the club.

4.   Financial impact

The project was budgeted for in the Long-Term Plan 2021-31 and is being deferred.

5.   Degree of significance and level of engagement

This matter is of low significance because it is the deferral of a project that was budgeted for in the Long-Term Plan. It is not the removal of the project, only the deferral of it. Engagement with the Nelson BMX Club has been undertaken on the deferral.

6.   Climate Impact

The deferral of the project does not have an impact on climate.

7.   Inclusion of Māori in the decision-making process

No engagement with Māori has been undertaken in preparing this report, because the project was a deferral of an existing project at Saxton Field. However, projects covered in the Parks and Reserves Activity Management Plan (AMP) which included Saxton Field projects were consulted with iwi through AMP workshops during the development of the AMP.

8.   Delegations

The Saxton Field Committee is a joint committee of Nelson City and Tasman District Councils. It has the following delegations to consider the deferral of the BMX track. 

Areas of Responsibility:

·      Capital development of Saxton Field

·      Activities, developments, and management actions provided for in the adopted Saxton Field Reserve Management Plan and associated policies

·      Developing a work programme including any community consultation required.

Powers to decide:

·      Matters relating to items provided for in the approved operations, capital expenditure and maintenance budgets for Saxton Field

·      Matters relating to marketing of Saxton Field, within approved budgets and policies

Powers to Recommend (if applicable):

·      Future capital works programmes

·      Financial contributions for the operations, maintenance, and capital development of the reserve

·      Reserve policies for approval including the Saxton Field Reserve Management Plan and any Development Plan

·      Leases, licenses and easements (to the relevant Council)

·      Any other matters within the areas of responsibility noted above

·      All recommendations to Council will be subject to adoption of an equivalent resolution by the other Council, unless it is a matter specific to one Council only.

 


Item 7: Recommendation from Saxton Field Committee - 10 November 2021 - BMX Track: Attachment 1

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Item 7: Recommendation from Saxton Field Committee - 10 November 2021 - BMX Track: Attachment 2

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Item 8: Mayor's Report

 

Council

10 March 2022

 

 

REPORT R26668

Mayor's Report

 

1.       Purpose of Report

1.1      To update Council on current matters.

 

2.       Recommendation

 

That the Council

1.    Receives the report Mayor's Report (R26668)

 

 

3.       Updates

Climatorium

3.1      Staff have recently met with Whakatū to be updated on the International Urban and Regional Cooperation [IURC] work which includes the Nelson-Denmark partnership opportunities, one of which is the establishment of the Climatorium.

3.2      There are fortnightly working group meetings with Nelson and Denmark representatives which Council Staff will now participate on. The focus of the meetings to date have been on the Climatorium and Capability Building. There has been a joint submission to speak at the world H2O conference and interest in investigating the need for a Project Coordinator to oversee this and other activities.

Mayoral Discretionary Fund

3.3      The Mayor donated $2,000 from her Mayoral Discretionary Fund as a contribution to support the Tongan community in their efforts towards obtaining, filling and shipping a container of goods donated by the local community.  The container was shipped on 7 February to families in Tonga. The contribution was very gratefully received by the Nelson Tongan Community, the Nelson Tasman Pasifika Trust, and the Pasifika community as a whole.

Further updates

3.4      A further verbal update will be provided at the meeting.

 

Author:          Rachel Reese, Mayor of Nelson

Attachments

Nil


 

Item 9: Nelson Tasman Business Trust Presentation of Annual Report 2021

 

Council

10 March 2022

 

 

REPORT R26526

Nelson Tasman Business Trust Presentation of Annual Report 2021

 

1.       Purpose of Report

1.1      Robert Panzer (Chairperson), Sarah Holmes (Manager) and Rasam Moghimi (Business Development Manager) from the Nelson Tasman Business Trust, will speak about the Trust’s 2021 Annual Report (attached A2824428).

2.       Recommendation

 

That the Council

1.    Receives the report Nelson Tasman Business Trust Presentation of Annual Report 2021 (R26526) and its attachment (A2824428)

 

 

 

 

 

Author:          Gareth Power Gordon, Economic and Policy Adviser

Attachments

Attachment 1:   A2824428: Nelson Tasman Business Trust Annual Report 2021   


Item 9: Nelson Tasman Business Trust Presentation of Annual Report 2021: Attachment 1

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Item 10: Status Report - Council: Attachment 1

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Item 11: Options for the Annual Plan 2022/23

 

Council

10 March 2022

 

 

REPORT R26534

Options for the Annual Plan 2022/23

 

1.       Purpose of Report

1.1      To decide whether to consult on the draft Annual Plan 2022/23.

1.2      To decide whether to adjust the Uniform Annual General Charge.

2.       Summary

2.1      The Local Government Act does not require councils to formally consult on annual plans where the changes from the Long Term Plan 2021-31 (LTP) for that year are not significant.

2.2      Staff have assessed the proposed changes to year two of Council’s LTP against Council’s Significance and Engagement Policy and LTP priorities and do not believe they are material. Therefore, Council has the option of not consulting on the Annual Plan 2022/23 before its adoption.

2.3      The report also recommends reducing the Uniform Annual General Charge to 11% to reflect changes in the three waters fixed charges.

3.       Recommendation

That the Council

1.    Receives the report Options for the Annual Plan 2022/23 (R26534) and its attachments (A2830485 and A2837769); and

2.    Agrees to reduce the Uniform Annual General Charge from 13% to 11% from 1 July 2022; and

3.    Agrees that the content of the Annual Plan 2022/23 does not include significant or material differences to year two of the LTP and therefore consultation on the Annual Plan 2022/23 will not be undertaken; and

4.    Notes that there will be messaging prepared for the community on the content of the proposed Annual Plan 2022/23 and Council’s consultation decision, noting other matters Council is planning to engage the community on during the 2022 year; and

5.    Notes that the final Annual Plan and rates resolutions for 2022/23 will be brought for adoption before the end of June 2022.

 

4.       Background

Nelson’s Annual Plan 2022/23 process so far

4.1      Draft capital budgets for 2022/23 were discussed at a Council workshop on 7 December 2021. There were presentations on the context of this Annual Plan, capital variance from Year Two forecasts in the LTP, and COVID-19 impacts on the capital work programme. A second workshop on 10 February and 1 March 2022 presented revised budgets and the rates for 2022/23.

Consultation requirements of the Local Government Act 2002

4.2      Section 95 of the Act states that councils must prepare and adopt an annual plan for each financial year. It includes the requirement to consult in a manner that gives effect to the requirements of section 82, the principles of consultation, before adopting an annual plan.

4.3      In 2014, an amendment to the Act specified that this requirement does not apply if the annual plan does not include significant or material differences from the content of the long term plan for that financial year. This is to be determined by the respective authorities’ policy measures of significance. These amendments were designed to streamline consultation to make it more useful, practical and effective, and to introduce more flexibility and discretion for councils.

4.4      The purpose of the annual plan was amended to reflect the legislative changes. It is a document which identifies variance from the long term plan and provides a statutory link between the long term plan and the annual setting of rates.

 

 

 

5.       Discussion

          Materiality of the proposed changes

5.1      The table below provides a high-level overview of proposed variance:

 

Year Two

LTP

Proposed

Annual Plan 2022/23

Variance

Rates increase

5.4%

5.4%

Nil

Rates cap

5.4%

5.4%

Nil

Uniform Annual General Charge (UAGC)

13%

11%

(2%)

Net debt at 30 June 2023

$160 million

$161.7 million

$1.7 million

Debt/revenue ratio

113%

112%

(1%)

Capital spend (Excluding Capital Staff Costs, Vested Assets, Regional Consolidations)

$64 million

$66.7 million

$2.7 million

Operational spend (Excluding Regional Consolidations & Internal Interest)

$140.7 million

$138.1 million

$2.6 million

Other Income (Excluding Regional Consolidations, Water by meter & Internal Interest)

$41.8 million

$41.4 million

$0.4 million

Rates and Debt

5.2      With the adoption of the LTP, the rates cap increased to the Local Government Cost Index (LGCI) + 2.5% (from LGCI + 2%). Rates increases were set at the rates cap across the ten years of the LTP, except for Year One (2021/22). The Annual Plan 2022/23 does not propose any change to the rates increase set for Year Two of the LTP – this would remain at 5.4%. This level of rates would be below the December 2021 annualised Consumer Price Index (CPI) inflation rate of 5.9%.

5.3      Net debt is proposed to move very little from what was forecast in the LTP, which is an increase of $1.7 million to $161.7 million.

5.4      The LTP increased the debt/revenue cap to 175% (from 150%) to fund infrastructure investment. The planned figure for Year Two was 113%, and the proposed Annual Plan 2022/23 is very close to that, at 112%.

Capital Works Programme

5.5      COVID-19 has resulted in increased costs posing challenges to the successful delivery of Council’s capital works programme throughout 2021/22, including:

·    Month-on-month cost increases for supply of materials and equipment

·    Supply chain delays and shortages, which incur costs

·    Increasing freight costs

·    A tight labour market – staff shortages and high mobility are making recruitment a challenge

·    Alert/Traffic Light levels adding to complexity and uncertainty, which flows on to pricing for services

5.6      Council commissioned Business and Economic Research Limited (BERL) to assist officers in determining what the outlook over the next several years would be, specifically to see if prices will continue to rise, plateau, or drop. BERL advised that, based on global economic consensus, the markets will calm down and that the current steep price increases experienced to date will reverse in the course of this year, leading to a net Nelson adjusted Local Government Cost Index (LGCI) increase for capital expenditure of 3.4% for July 2021 – June 2022.

5.7      Expected additional costs over and above the budget for the current year, based on further funding requests and information to hand, has increased the capital budget by 5.7%. As advised by BERL, the Nelson adjusted LGCI for capital expenditure for the 2022/23 year is 3%. Staff consider it prudent to account for the 2.7% difference (5.7% less budgeted 3% for 2022/23) in next year’s Annual Plan.

5.8      In order to assist Council to respond to market challenges quickly and deliver its work programme in 2022/23 and years to come, a $1.8 million ‘COVID Inflation Allowance’ is proposed for this Annual Plan. The allowance can be called on to supplement project cost ‘overs’ when tenders come in which require a fast approval process.

 

 

 

5.9      As shown in the table below, there have been shifts in most activities’ capital budgets:

Annual Plan 2022/23 Capital Expenditure (Excl. Capital Staff Costs, Vested Assets, Regional Consolidations)

Account

LTP
2021-31
Final
Year Two
(2022/23)

2022/23
Forecast
Estimate

Variance 2022/23 AP Less LTP 2022/23

Transport

8,249,127

8,410,927

161,800

Water Supply

6,338,105

6,431,370

93,265

Wastewater

9,880,945

7,736,454

(2,113,814)

Stormwater

7,942,845

10,266,017

2,323,172

Flood Protection

10,734,248

10,961,498

227,250

Solid Waste

32,445

32,445

0

Environmental Management

2,231,454

1,736,454

(495,000)

Social

7,668,914

8,029,866

360,951

Parks & Active Recreation

7,371,276

5,477,405

(1893,871)

Economic

0

0

0

Corporate

3,599,804

7,577,698

3,977,894

Total

64,049,163

66,690,810

2,641,647

5.10    Proposed capital project variances are listed below, which consist largely of movement of funds within the next few years. These movements have been applied to create an achievable, efficient 2022/23 work programme, and do not represent a reduction in levels of service (see Attachment One):

Infrastructure:

5.11    Washington Valley is a major project involving the upgrade/renewal of wastewater, stormwater, water and roading infrastructure. This project has been split into three stages. The LTP was based on Stage 1 being completed in 2021/22, Stage 2 in 2022/23 and Stage 3 in 2023/24. 

5.12    To achieve best value for money the construction window for Stage 1 was negotiable, which enabled contractors to programme this project in against their already busy workload. This resulted in construction for Stage 1 spreading over two financial years, and it is anticipated that approximately $2.5 million is required to be carried over from 2021/22 into 2022/23 to complete it.

5.13    In addition, the $5.7 million included in the LTP for Stage 2 is proposed to be deferred for one year, due to the need to prioritise the connection of the new stormwater pipeline in Hastings Street to the existing culvert on St Vincent Street (further information on this in section 5.26).

Transport:

5.14    $500,000 is to be brought forward to progress the City Centre bus interchange in preparation for the new bus service in 2023.

5.15    $600,000 is planned to be brought forward to design and upgrade the Toi Toi Street/Vanguard Street intersection to improve safety for road users and pedestrians. In addition, $500,000 is being brought forward to improve safety at the St Vincent Street roundabout.

5.16    $82,000 is to be carried forward into 2022/23 for the Railway Reserve Lighting project. The business case is anticipated to be completed in 2021/22, followed by a security study to determine the best location for lighting in 2022/23, and design and consenting processes. Implementation is scheduled to begin in 2023/24. $643,000 is to be carried forward from 2022/23 to 2023/24.

5.17    $733,000 for Nelson Future Access Study active transport corridors in Washington Valley and the hospital area is proposed to be moved to 2023/24, to align with the Washington Valley utility upgrade and planning alongside the hospital redevelopment.

Water Supply:

5.18    An additional $814,000 is included in proposed budgets for the renewal of watermains in Arapiki Street and Rutherford Street.

5.19    Due to the speed cushion trial on Toi Toi Street currently underway, the proposed water ridermain upgrade for $209,000 is now planned to start in 2022/23 rather than 2021/22. 

5.20    Due to the rephasing of Stage 2 of the Washington Valley Upgrade, approximately $1.16 million for the renewal of the watermain is proposed to be moved into 2023/24.

5.21    A further $245,000 is proposed to support projects associated with the proposed new water trunk main and reservoirs in Atawhai and residential water meters.

Wastewater:

5.22    The wastewater pipeline renewals programme is planned to be increased by approximately $1.1 million and includes allocation for pipe renewals within Collingwood Street, Rutherford Street and Wolfe Street. This is due to increased project costs in the COVID-19 environment (as described in 5.5-5.7).

5.23    Construction of the Awatea Place Pump Station is progressing ahead of schedule. Approximately $3.2 million of the $4.66 million allocated in the LTP for 2022/23 is proposed to be brought forward into 2021/22. 

5.24    Due to the rephasing of Stage 1 and 2 of the Washington Valley Upgrade, the 2022/23 budget for the renewal of the wastewater pipelines has been reduced from approximately $1.57 million to $970,000, with the balance deferred (see 5.11-5.13). This is to enable the completion of Stage 1 of the upgrade. 

5.25    A further $348,000 is proposed to support projects associated with the Atawhai Rising Main renewal programme and Pump Station renewals. 

Stormwater:

5.26    An additional $550,000 is to be included for Stage 1 of the Rutherford Street stormwater upgrade, as a result of increased project cost estimates due to the impacts of COVID-19 (described in 5.5-5.7), along with confirmed design and expected construction methodology.

5.27    $1.05 million is included for completing Stage 1 of the Wastney Terrace Stormwater Upgrade, for the same reasons as above (5.26). Due to delays at the resource consent stage, construction is scheduled to begin in April/May of 2022.

5.28    Approximately $1.46 million is included for the completion of Stage 1 of the Washington Valley Upgrade. Stage 2 of the Upgrade has been deferred to 2023/24, to enable the stormwater connection from Hastings Street to St Vincent Street, summarised below:

5.28.1 The culvert on St Vincent Street and Haven Road is due to be renewed in the LTP from 2025 to 2027. During the design of the Washington Valley Stormwater upgrade, it was identified that the condition of the St Vincent Street culvert requires a localised upgrade to ensure the new stormwater pipe on Hastings Street (Stage 1) can be successfully connected to this culvert. Prior to Stage 2 of the Washington Valley Upgrade commencing, the connection from Hastings Street to St Vincent Street is to be prioritised in 2022/23 with approximately $1.85 million proposed to be brought forward. The timing of the full renewal of the St Vincent Street and Haven Road Culvert will be reviewed in a subsequent Annual Plan/LTP.

Environment:

5.29    The proposed budget for Streets for People City Centre projects has reduced from $1.55 million to $800,000 in 2022/23 for design, engagement and implementation of smaller projects. $1.9 million from 2021/22 and 2022/23 is proposed to be deferred to 2023/24, to enable all the required project management steps to be completed prior to construction of projects.

Social:

5.30    The business case for the remediation of Stoke Hall is underway, and the budget of $1.9 million for 2022/23 will be revisited once this is completed.

5.31    $2.1 million is planned to be allocated to action infrastructure improvements at the Maitai Campground.

5.32    $1.2 million for the purchase of land to increase cemetery capacity would move into 2023/24, to align with the Joint Regional Cemetery Project Implementation Plan. A final decision on proceeding with a regional cemetery will be made by Nelson City and Tasman District Councils, following the endorsement of a business case by the Joint Regional Cemetery Working Group.

5.33    $100,000 is to be brought forward for the Montgomery Square toilet upgrade. The project is to include Council funding from 2024/25 and 2025/26 and a grant of $460,000 from the Ministry of Business, Innovation and Employment.

5.34    Following detailed design, an additional $784,000 has been provisionally included for Refinery Building earthquake strengthening, as well as $472,000 being carried forward from 2021/22. A workshop will be held with Council in April (date may change).

Parks and Active Recreation:

5.35    Renewal of the Wakefield Quay sea wall in 2022/23 ($2 million) has been deferred following further advice from engineering consultants. The additional time will also allow the project to incorporate any developments arising from Waka Kotahi/NZ Transport Agency’s Nelson Future Access programme.

Corporate:

5.36    An additional $600,000 has been included for Civic House ceiling tiles remediation work, necessary for safety as the old tiles pose a risk in the event of an earthquake. Investigation into alternative methodology to determine the most cost-effective way of resolving this safety issue is currently underway.

5.37    Civic House Refurbishment: The pandemic has changed how Council operates, and new ways of working are under consideration. Work is underway to confirm scope requirements and price additional options for the refurbishment of Civic House. The business case for refurbishment will be reviewed in respect of any new requirements and brought back to Council for consideration.

5.38    Millers Acre: A detailed cost estimate is underway in parallel with final design work for the new cladding. A report will be presented to the Strategic Development and Property Subcommittee on 24 March for approval of additional funding.

5.39    The additional COVID Inflation Allowance of $1.8 million is held in the Corporate activity.

 

 

Operational Budgets

5.40    There has been an increase in interest rates from the time that the LTP was set, which has increased the external interest to be paid. The rise in inflation has also had an effect across the board, specifically causing increases in depreciation and insurance after revaluations in June 2021. These increases have been negated by a number of small changes to the operational budgets, both in other income and in expenditure. Some of these changes have occurred in cost centres that do not have a rates impact, meaning that the net of all the changes is a zero rating and Council maintains a net rates increase of 5.4% as per the LTP. These changes would not reduce the levels of service provided to the community, or negatively impact work towards Council’s LTP Priorities.

 

Proposed Annual Plan 2022/23 Operational Expenditure Variance Summary (Excluding Regional Consolidations & Internal Interest)

 

Activity

LTP
2021-31
Final
Year 2
(2022/23)

Proposed Annual Plan
2022-23

Variance 2022/23

Annual Plan Less LTP Year Two

Transport

22,878,988

23,109,327

230,339

Water Supply

12,767,398

12,973,108

205,710

Wastewater

14,215,019

14,657,579

442,560

Stormwater

5,585,105

5,668,392

83,288

Flood Protection

1,907,812

1,670,328

(237,484)

Solid Waste

7,481,956

7,785,382

303,426

Environment

21,380,402

19,085,311

(2,295,091)

Social

16,588,875

17,301,638

712,763

Parks & Active Recreation

17,691,071

17,182,582

(508,489)

Economic

2,699,971

2,656,672

(43,299)

Corporate

17,466,644

16,051,226

(1,415,418)

Total

140,663,240

138,141,545

(2,521,694)

 

 

 

 

 

 

 

Proposed Annual Plan 2022/23 Other Income Variance Summary (Excluding Regional Consolidations, Water by meter & Internal Interest)

 

Activity

LTP
2021-31
Final
Year 2
(2022/23)

Proposed Annual Plan
2022-23

Variance 2022/23

Annual Plan Less LTP Year Two

Transport

(7,208,957)

(7,382,974)

(174,017)

Water Supply

(47,585)

(55,233)

(7,648)

Wastewater

(3,204,327)

(3,378,435)

(174,017)

Stormwater

(5,085)

(5,085)

Nil

Flood Protection

Nil

Nil

Nil

Solid Waste

(7,657,432)

(7,731,367)

(73,935)

Environment

(6,344,020)

(7,306,390)

(962,370)

Social

(2,017,655)

(2,308,816)

(291,161)

Parks & Active Recreation

(4,456,449)

(4,414,765)

38,684

Economic

(325,542)

(325,542)

Nil

Corporate

(10,497,053)

(8,512,289)

1,984,763

Total

(41,761,105)

(41,420,896)

340,209

5.41    The largest variance is in the Environmental Management activity, due to the Whakamahere Whakatū Nelson Plan being put on hold (by Council resolution of November 2021) pending legislative changes to the Resource Management Act. This results in a reduction of $3 million expenditure, $2.9 million of which was loan funded.

5.42    The largest variance in the Corporate activity is due to a change in timing of the Forestry harvesting plans with some work having come forward to the 2021/22 year which sees a decrease in Income of $2.1 million and a decrease in expenditure of $1.8 million.

5.43    In the LTP, Council had an additional 13.3 FTE in Year 2. As it is likely that wage inflation will be above the 1.7% allowed in the LTP, 5.3 FTE will not be recruited – thus allowing wage inflation to be adjusted to 3%. Overall salaries are 0.69% or $190,000 above the LTP figure at $27,561,000.

Revaluation Impacts

5.44    The three-yearly revaluation of the City undertaken by Quotable Value (QV) has seen a material increase in valuations. The land valuations will be used as a basis of setting rates from 1 July 2022.

5.45    On average, the value of residential housing has increased by 42% since the last revaluation in 2018, with the average house value now sitting at $885,000, while the corresponding average land value has increased by 73% for an average of $508,000.

5.46    Commercial property values increased by 14%, and property values in the industrial sector have increased by 27% since the last rating valuation in 2018. Commercial and industrial land values have increased by 31% and 36% respectively.

5.47    The revaluation has seen historically lower value suburbs increase by more than higher value suburbs, as seen in the QV presentation at the 8 December 2021 Council meeting. The table below is from this presentation: 

5.48    Analysing the data by 2018 land value bands shows that on average, lower value properties have had a higher average increase in land value than higher value properties.

          

5.49    The Uniform Annual General Charge (UAGC) covers charges for services which most residents benefit from, irrespective of property value. Council currently collects 13% of rates (excluding Solar Saver and Clean Heat Warm Homes targeted rates, and water annual charge and water volumetric rate) through the UAGC.

5.50    Fixed targeted rates for water, wastewater and stormwater/flood protection are projected to increase in 2022/23 by approximately $134 from 2021/22 levels for residential ratepayers. Over the past few years, Council has progressively been reducing the UAGC from 15% to the current level of 13%, as its focussed investment in three waters infrastructure has increased the overall fixed charges and therefore the impact on lower value properties.

5.51    The increase in 2022/23 in the three waters fixed charges, would justify lowering the UAGC to 11% (based on the fact that the overall increase in the fixed charges would be similar to the average increase in rates). This would not be considered material as it is consistent with previous direction and actions taken by Council, and therefore consultation would not be required.

5.52    Lowering the UAGC to these levels still results in rates increases for 2022/23 for lower value properties being well above the average rate increase, with higher value properties receiving very low rate increases.

           Table

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5.53    Council could consider lowering the UAGC further than 11% to attempt to smooth the impact of the 2021 revaluation on lower value properties. However even a dramatic drop in the UAGC would not be sufficient to counter the significant increases in house prices that Nelson has experienced, and it is not the purpose of the UAGC to somehow manage the impacts of property price changes. In fact, attempts to manipulate levers like the UAGC to address the housing crisis are likely to have unintended consequences in other areas, and see Council having to manage other flow on effects.

5.54    In a broader context, issues with funding and income for local government, and a possible review of the rating system, are something that Council could be discussing with the Future For Local Government Panel when it meets with elected members on 29 March, as these issues require a more fundamental consideration across the sector.

Commercial Differential

5.55    Commercial rates for 2021/22 are set to collect 23.1% of the total rates, excluding water annual charge and water volumetric rate, Clean Heat Warm Homes and Solar Saver charges.

5.56    The percentage collected has been decreased by 0.5% per annum for the last four years to reduce the burden on the commercial sector. The LTP states that Council will continue to reduce the proportion of rates collected from commercial properties by 0.5% per year (to be reviewed annually) for the first three years of the 2021-31 LTP. A reduction in the commercial differential changes the distribution of the rates but not the overall average.

5.57    Given the relative movements of the revaluation between residential and commercial/industrial, it makes sense to continue with decreasing the commercial differential and the sample rates tables reflect this.

Climate Rate

5.58    The inclusion of a new climate rate in the Annual Plan, similar to the new Climate Action Targeted Rate currently being consulted on by Auckland Council, was raised during the 10 February workshop. To justify the new rate proposed by Auckland Council, an assessment of its Climate Action Plan and the projected emissions reductions it is expected to deliver was undertaken. In order to provide a robust argument for the need for such a rate in Nelson, staff would need to develop a list of currently unfunded actions that would be a priority for achieving Council’s climate change objectives. Work underway on a strategic framework for climate change would also inform the case for a targeted climate rate, by setting out strategic priorities to guide future climate action and decisions on where investment is needed. Council could request work on a proposed targeted climate rate be undertaken to inform the 2023/24 Annual Plan.

Assessment of Significance

5.59    Staff have assessed proposed changes to Year Two against Council’s Significance and Engagement Policy and considered the impact on Council’s LTP priorities (Attachment One). The proposed changes in the Annual Plan 2022/23 are not considered to be significant, both when assessed independently and alongside the other changes proposed.

          Community views can be considered without additional consultation

5.60    Council consulted on the LTP in 2021 and received over 660 submissions – a record number. The content of these submissions remains highly relevant, as does other recent community feedback that can help inform considerations on the content of this Annual Plan. This gives effect to Section 78 of the Act, which requires Council to give consideration to community views and preferences.

5.61    With respect to this, the analysis of significance in Attachment One has also considered whether any proposed changes would have a negative impact on Council’s key priorities set in the LTP 2021-31. No significant impacts on these have been identified.

          Advantages to not consulting on this Annual Plan

5.62    As the variances proposed for this year’s Annual Plan are not significant and do not trigger the legislative requirement to consult, there would be several advantages for Council and the community of not consulting on the Annual Plan this year.

Saving public effort and time / combatting consultation fatigue

5.63    Shape Nelson shows the wide range of topics Council has been and is engaging with the public on. Many organisations and members of the public put significant time and consideration into their LTP submissions in 2020, and various consultations in 2021/22. Asking the public to submit again on an Annual Plan without significant changes may be seen as unreasonable, as their LTP feedback remains relevant.

5.64    As detailed in section 5.69, Council is planning to hold many consultations in the 2022 calendar year. A non-essential consultation on the Annual Plan would pull focus and public resources away from these more critical topics.

5.65    ‘Consultation fatigue’, from too frequently being asked to give feedback, risks putting some people off submitting on consultations when Council really needs their input. An information sharing approach for a non-significant Annual Plan would reduce the consultation burden.

Diverting resources to work that is meaningful to the community, and Council’s priorities

5.66    A significant amount of staff and elected members’ time is absorbed by the process of:

·    Preparation of a consultation document

·    Submission processing and consideration, followed by hearings and deliberations

·    Preparation of letters to all submitters

5.67    Consulting on an Annual Plan without significant variances would not be an efficient use of Council resources. Staff and elected members have many competing priorities, and not consulting here will give them time for other important work.

Community engagement opportunities beyond Annual Plan consultation

Opportunities to provide feedback

5.68    Consultation on an annual plan is only one of the many opportunities the public has to give feedback and make requests of elected members and staff during a given year. Other opportunities include:

·    Informal consultations (comments received online via Shape Nelson, by letter, in person, or via email)

·    Formal consultations (written and oral submissions are considered by elected members)

·    The opportunity to speak at public forums

·    Feedback to customer services, which is passed to relevant staff

5.69    There are several consultations/engagements occurring this year. Elected members will have the opportunity to get involved in some of these through workshops, sharing Council communications, and public meetings (subject to COVID-19 traffic light levels), as well as the formal consultation processes.

5.70    Topics for public engagement planned for 2022 and into 2022/23 include:

·    Dynamic Adaptive Planning Pathways

·    Future Development Strategy Review

·    Parking Strategy

·    Three Waters Reforms

·    Out and About On Tracks Strategy

·    City Centre Library Engagement

·    Road Encroachment Policy Review

·    Parking and Vehicle Control Bylaw

·    Arts Strategy

·    Navigational Safety Bylaw

·    Urban Greening Strategy

Informing the community about the Annual Plan

5.71    If Council decides not to consult, the community will still be informed about the Annual Plan. Council’s Significance and Engagement Policy describes the desired outcome of engagement with the public, based on significance. For issues of low significance, “information to assist the public in understanding the problems, solutions and performance is available via Council materials”.

5.72    If there is no consultation, staff plan to communicate the key messages of the Annual Plan to the public (rates, debt, low variance, and main changes to projects) prior to adoption. Materials will explain the decision on consultation. The final Annual Plan and rates will be advertised in a media release, and through social media channels once it is adopted. This approach is consistent with requirements of the Act, and with the approach followed by other councils.

Sample Rates

5.73    A table of proposed sample rates for 2022/23 is included in this report as Attachment Two. Council’s online Rates Search tool will be updated shortly after this meeting, so that individuals can compare their 2022/23 rates under this proposal against the current year. This tool will be advertised in public communications about the Annual Plan.

6.       Options

 

Option 1: (Recommended) Do not undertake consultation due to no significant changes from Year Two of the LTP.

Advantages

·   A consultation document, submissions and hearings are not required, saving significant community and Council time. Staff and elected members’ time can be used for other priority work which contributes to the LTP priorities

·   Avoids raising expectations in the community about the ability to add new projects and funding to the Annual Plan

Risks and Disadvantages

·   Some members of the community may be unhappy that a formal consultation is not available

 

 

Option 2:  Prepare a consultation document and carry out consultation on all the proposed changes set out in the Annual Plan 2022/23.

Advantages

·    Some members of the community may prefer the opportunity to request changes to the Annual Plan and be heard by elected members

Risks and Disadvantages

·   Significant staff and elected member resources are required

·   Council has limited ability to amend the overall work programme in the Annual Plan

·   There is a risk of community consultation fatigue

7.       Next Steps

7.1      If a decision is taken not to consult staff will prepare communications on the Annual Plan 2022/23 and a report to adopt the final Annual Plan and rates for 2022/23 will be brought to Council before the end of June 2022.

 

 

 

Author:          Nicky McDonald, Group Manager Strategy and Communications

             Nikki Harrison, Group Manager Corporate Services

Attachments

Attachment 1:   A2830485 - Assessment of the proposed Annual Plan 2022/23 against Council’s Significance and Engagement Policy

Attachment 2:   A2837769 - Rating impacts of the proposed Annual Plan 2022/23 (UAGC 13% and 11% shown)  

 

Important considerations for decision making

1.   Fit with Purpose of Local Government

The decision aligns with Council’s responsibilities under the Local Government Act 2002 for consultation and production of annual plans. As consultation on the LTP was extensive, a decision not to consult on an Annual Plan which contains no significant or material changes from the Long Term Plan for that year would not negatively impact community wellbeing.

2.   Consistency with Community Outcomes and Council Policy

The recommendations align with Council’s Significance and Engagement Policy and the following community outcome:

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

3.   Risk

Council has not previously taken the route of not consulting on an annual plan, due to the inclusion of significant changes. If Council decides not to carry out formal consultation, there is a possibility that the significance or materiality assessment may be challenged.

Based on the overall changes proposed to the rates revenue, net debt level, and capital works programme, staff consider it unlikely that there would be a successful legal challenge.

4.   Financial impact

There would be financial savings in 2021/22 on public communications, the design, printing and distribution of a consultation document, processing of submissions, and the running of hearings.

5.   Degree of significance and level of engagement

This matter is of low significance to the community as there are no material changes proposed to year two of the LTP. Without consultation, engagement on the Annual Plan 2022/23 will occur in the form of communications from Council, to assist the public in understanding the process and content of the Plan.

6.   Climate Impact

This decisions in this report will have no impact on the ability of Council to proactively respond to the impacts of climate change now or in the future.

7.   Inclusion of Māori in the decision making process

No engagement with Māori has been undertaken in preparing this report.

8.   Delegations

The Council has the following delegations to consider options for consultation on the Annual Plan 2022/23:

Areas of Responsibility:

·    Communications and Engagement Strategy

·    Long Term Plan policies, including the Financial Strategy, ratings policies, revenue and financing policies and Long Term Plan assumptions

Delegations:

·    The power to adopt a Long Term Plan, Annual Plan or Annual Report

·    The power to adopt policies required to be adopted and consulted on under the Local Government Act 2002 in association with the Long Term Plan or developed for the purpose of the local governance statement

 


Item 11: Options for the Annual Plan 2022/23: Attachment 1

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Item 11: Options for the Annual Plan 2022/23: Attachment 2

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