Minutes of a meeting of the

Nelson City Council

Te Kaunihera o Whakatū

Held via Zoom on Thursday 10 March 2022, commencing at 9.03a.m.

 

Present:              Her Worship the Mayor R Reese (Chairperson), Deputy Mayor J Edgar (Co-Chairperson), Councillors Y Bowater, T Brand, M Courtney, 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) Team Leader Governance (R Byrne) and Governance Support Officer (A Bryce-Neumann)

Apologies :          Nil

 

Karakia and Mihi Timatanga

1.       Apologies

There were no apologies.

Her Worship the Mayor Reese advised that the meeting would be jointly chaired between herself and Deputy Mayor Edgar. Her Worship the Mayor Reese vacated the Chair and Deputy Mayor Edgar assumed the Chair at 9.05a.m.

2.       Confirmation of Order of Business

There was no change to the order of business.

 

3.       Interests

There were no updates to the Interests Register, and no interests with items on the agenda were declared.

4.       Public Forum

There was no public forum.

Attendance: Councillor Noonan left the meeting at 9.11a.m.

5.       Confirmation of Minutes

  

There were no minutes to confirm

6.       Recommendations from Committees

6.1     Strategic Development and Property Subcommittee - 17 February 2022

6.1.1   Chairperson's Report

Attendance : Councillor Brand joined the meeting at 9.07a.m.

Resolved CL/2022/010

 

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

Skinner/Bowater                                                                           Carried

 

6.2     Audit, Risk and Finance Subcommittee - 22 February 2022

6.2.1   Service Delivery Reviews (s17A reviews) work programme

Resolved CL/2022/011

 

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.

Sanson/McGurk                                                                            Carried

 

6.3     Infrastructure Committee - 24 February 2022

6.3.1   Infrastructure Quarterly Report

Resolved CL/2022/012

 

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.

McGurk/O'Neill-Stevens                                                                 Carried

 

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

Document number R26417, agenda pages 9 - 19 refer.

Parks and Facilities Activity Planner, Jane Loughnan, presented the report and answered questions on whether Saxton Field was the preferred site for the BMX club.  She advised that Saxton Field was included in the LTP at the request of the BMX club, who were disappointed that the work was to be deferred.  She noted that officers were now working with the BMX club on improvements to the track at Tahunanui.

 

 

 

Resolved CL/2022/013

 

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 2024-34.

Edgar/Courtney                                                                            Carried

 

8.       Mayor's Report

Document number R26668, agenda pages 20 - 21 refer.

Her Worship the Mayor assumed the Chair.

She expressed deep concern at the invasion of Ukraine and the stress and anxiety this was causing for the Ukrainian community in Nelson. 

Mayor Reese acknowledged the enormous contribution health workers were making across New Zealand during the two years of COVID, noting the current Omicron peak would put added stress on the system.   

Attendance:  Councillor Noonan returned to the meeting at 9.26a.m.

Resolved CL/2022/014

 

That the Council

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

Her Worship the Mayor/Edgar                                                        Carried

 

9.       Status Report – Agenda Item 10

Document number R26666, agenda pages 27 - 64 refer.

Her Worship the Mayor Reese vacated the Chair and Deputy Mayor Edgar assumed the Chair.

Resolved CL/2022/015

 

That the Council

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

Lawrey/Sanson                                                                             Carried

 

 

The meeting adjourned from 9.43a.m. until 10.00a.m.

10.     Nelson Tasman Business Trust Presentation of Annual Report 2021 – Agenda Item 9

Document number R26526, agenda pages 22 - 26 refer.

Robert Panzer (Chairperson), Sarah Holmes (Manager) and Rasam Moghimi (Business Development Manager) from the Nelson Tasman Business Trust provided a presentation on the Trust’s 2021 Annual Report (A2853897).

The Trust thanked the Council for supporting business enterprises by including funding in the Long Term Plan.

Resolved CL/2022/016

 

That the Council

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

Noonan/Skinner                                                                            Carried

 

Attachments

1    A2853897 Nelson Tasman Business Trust Presentation

 

11.     Options for the Annual Plan 2022/23

Document number R26534, agenda pages 65 - 88 refer.

Her Worship the Mayor Reese assumed the Chair. She noted that Council’s triennium priorities had been very valuable and built on the Long Term Plan (LTP) process to enable Council to come into the current annual plan process. The Quotable Value 73% increase in residential valuations had thrown a curve ball and the report addressed this with a suggestion to bring down the annual uniform general charge.   

Her Worship the Mayor Reese vacated the Chair and Deputy Mayor Edgar assumed the Chair.

Group Manager Strategy and Communications, Nicky McDonald and Group Manager Corporate Services, Nikki Harrison presented the report and answered questions on the change to the commercial differential and the affect removing the three Waters operations may have on rates – noting this would impact the 2024-2034 LTP.  

Chief Executive, Pat Dougherty answered questions on whether Council could consult and advised that if Council did consult staff would have to push back other work programmes as there was no resource to do a full Annual Plan consultation as well as maintaining existing consultation/engagement processes. He reiterated that there were no material changes to the Long Term Plan, therefore there would be little to consult on.   

Mr Dougherty answered questions on the Civic House refurbishment project and advised a report would be brought to Council to revisit the business case, due to the impact of COVID and the hybrid working environment. 

Ms Harrison and Ms McDonald confirmed that a communication plan was being prepared to explain that the 73% increase in residential valuations did not mean the equivalent increase in rates.   

The meeting adjourned from 11.09am until 11.20a.m.

 

Resolved CL/2022/017

 

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.

The motion was put and a division was called:

For

Cr Bowater

Cr Brand

Cr Courtney

Cr Edgar (alternate Chairperson)

Cr Fulton

Cr Lawrey

Cr O'Neill-Stevens

Cr McGurk

Cr Noonan

Cr Rainey

Cr Sanson

Her Worship the Mayor Reese (Chairperson)

Against

Cr Skinner

 

The motion was carried 12 - 1.

Her Worship the Mayor/Edgar                                                        Carried

      

12.     Exclusion of the Public

It was noted Item 4 of the Confidential Agenda, Nelson City Bus Interchange - Proposed site, had been removed from the Agenda.

 

Resolved CL/2022/018

 

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:  

Noonan/Fulton                                                                              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

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

The meeting went into confidential session at 11.54a.m. and resumed in public session at 2.57p.m.

 

Karakia Whakamutanga

 

 

13.     Restatements

 

It was resolved while the public was excluded:

 

 

2

Recommendation from Committee:

CONFIDENTIAL: Chief Executive's Remuneration Review 2021

 

1.     Approves an increase to the Chief Executive’s existing base salary by 1.75% to $361,827.18 ($6,222.18) and the Total Fixed Remuneration to $372,682 to align, and keep pace, with the market median for both dimensions of the remuneration package; and

2.     Retain Kiwisaver employer contribution at 3% base salary ($10,854.82); and

3.     Agrees the decision be made publicly available.

 

 

3

CONFIDENTIAL: Chief Executive's Draft Performance Agreement and Key Performance Indicators for 2021/22

 

1.     Receives the report Chief Executive's Draft Performance Agreement and Key Performance Indicators for 2021/22 (R26671); and

2.     Approves the Chief Executive’s Performance Agreement A2021/22, with the inclusion of KPI 7: Organisational Transformation, noting the addition of managing  Climate Change response and Resource Management Act changes (A2854343); and

3.     Delegates Her Worship the Mayor and Deputy Mayor to finalise the Performance Agreement with the agreement of the Chief Executive; and

3.     Agrees that the final Attachment (A2854343) and the Decision be released.

 

There being no further business the meeting ended at 2.58p.m.

 

Confirmed as a correct record of proceedings by resolution on 10 May 2022. 

Resolved CL/2022/040

 

That the Council

1.     Confirms the minutes of the extraordinary meeting of the Council, held on 10 March 2022, as a true and correct record.