Minutes of a meeting of the

Nelson City Council

Te Kaunihera o Whakatū

Held in the via Zoom on Tuesday 14 June 2022, commencing at 9.00a.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 Team Leader Governance (R Byrne) and Assistant Governance Adviser (A Bryce-Neumann)

Apologies :          Councillor O’Neill-Stevens for lateness

 

Karakia and Mihi Timatanga

1.       Apologies

Resolved CL/2022/097

 

That the Council

1.       Receives and accepts the apology from Councillor O’Neill-Stevens for lateness.

Her Worship the Mayor/Noonan                                                      Carried

2.       Confirmation of Order of Business

Her Worship the Mayor advised that the Late Items had been removed from the Agenda and noted that Item 11: NRDA Statement of Intent  would be considered at 1.00p.m. to allow external representatives to be in attendance.

Attendance: Councillor Fulton joined the meeting at 9.10a.m.

 

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.

5.       Recommendations from Committees

5.1     Audit, Risk and Finance Subcommittee - 24 May 2022

5.1.1    Draft Annual Internal Audit Plan to 30 June 2023

Recommendation to Council CL/2022/098

 

That the Council

1.    Approves the Draft Annual Internal Audit Plan for the year to 30 June 2023 (A2867251).

Sanson/Edgar                                                                               Carried

 

5.2     Strategic Development and Property Subcommittee - 9 June 2022

5.2.1    Nelson Marina Masterplan

Councillor Noonan noted that some changes were made to the draft Marina Masterplan to clarify the delegations between Strategic Development and Property Subcommittee and Community and Recreation Committee regarding the Sea Sports building.

Recommendation to Council CL/2022/099

 

That the Council

1.    Approves releasing the Draft Nelson Marina Masterplan (A2893150) for consultation and community feedback; and

2.    Approves the public feedback document (A2893152).

Noonan/Edgar                                                                               Carried

 

6.       Mayor's Report

Document number R26948

Her Worship the Mayor presented her report. 

Resolved CL/2022/100

 

That the Council

1.    Receives the report Mayor's Report (R26948) and its attachment (A2898827).

Her Worship the Mayor/Courtney                                                   Carried

 

7.       Adoption of the Annual Plan 2022/23 and setting of the rates

Document number R26771, agenda pages 16 - 42 refer.

Group Manager Corporate Services, Nikki Harrison, and Group Manager Strategy and Communications, Nicky McDonald, presented the report. Ms Harrison noted an amendment to the General Rate and Uniform Annual General Charge, confirming the total amount was the same. A design copy of the Draft Annual Plan 2022/23 (A2904439) and the Mayor’s Foreword (A2905213) were tabled.

It was noted that the bike shelter behind Civic House was included in the Annual Plan, and that with the hybrid working environment and the Trafalgar St bike shelter, there should be sufficient space to provide for staff, and this should no longer be required.  

Ms Harrison and Ms McDonald and Group Manager Infrastructure, Alec Louverdis, answered questions on the reduction in UAGC, forestry overspend, carry forwards for ceiling tiles and transport and Rutherford St stormwater upgrade.

Attendance: Councillor O’Neill-Stevens joined the meeting at 9.55a.m.

The meeting adjourned from 10.09a.m. until 10.23a.m.

The motion was taken in parts. 

Resolved CL/2022/101

 

That the Council

1.    Receives the report Adoption of the Annual Plan 2022/23 and setting of the rates (R26771)  and its attachments (A2891743, A2891469, and A2900167); and

2.    Agrees that the content of the Annual Plan 2022/23 does not include significant or material differences to year two of the Long Term Plan 2021-31; and

3.    Approves the budget carry forwards as set out in Attachment 1 (A2891743); and

4.    Reconfirms, as approved through the Long Term Plan 2021-31, that setting an unbalanced budget in the Annual Plan 2022/23 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;

5.    Adopts the Annual Plan 2022/23 (A2900167) pursuant to Section 95 of the Local Government Act 2002; and

6.    Delegates the Acting Mayor, Councillor Sanson and Acting Chief Executive to make any necessary minor editorial amendments prior to the release of the Annual Plan 2022/23 to the public; and

7.    Sets the following rates under the Local Government (Rating) Act 2002, on rating units in the district for the financial year commencing on 1 July 2022 and ending on 30 June 2023.

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

  Revenue approved:

General Rate                      $46,604,098

Uniform Annual General Charge                                         $8,150,092

 

Stormwater and Flood Protection Charge                                  $8,561,516

Waste Water Charge          $10,776,338

Water Annual Charge          $4,133,539

 

                            Water Volumetric Charge                                                                                       $9,644,924

Rates and Charges (excluding GST)                                            $87,871,347

Goods and Services Tax
(at the current rate)          $13,180,702

Total Rates and Charges $101,052,049

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 0.34323 cents in the dollar of land value on every rating unit in the “residential – single unit” category.

 

·     a rate of 0.34323 cents in the dollar of land value on every rating unit in the “residential empty section” category.

 

·     a rate of 0.37755 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 0.37755 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 1.15049 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 235.195% differential on land value.

 

·     a rate of 0.94869 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 176.4% differential on land value.

 

·     a rate of 0.74687 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 117.6% differential on land value.

 

·     a rate of 0.54505 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 58.8% differential on land value.

 

·     a rate of 1.59411 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 364.445% differential on land value.

 

·     a rate of 1.28128 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 273.3% differential on land value.

 

·     a rate of 0.96860 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 182.2% differential on land value.

 

·     a rate of 0.65591 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 91.1% differential on land value.

 

·     a rate of 1.38583 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 303.76% differential on land value.

 

·     a rate of 1.12511 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 227.8% differential on land value.

 

·     a rate of 0.86460 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 151.9% differential on land value.

 

·     a rate of 0.60374 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 75.9% differential on land value.

 

·     a rate of 0.22310 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 0.30891 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 $376.05 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 $454.43 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:

·     $564.72 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 $141.18 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)          $220.69

 

          (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/year $2.295 per m³

Usage from 10,001 – 100,000

cu.m/year                                 $1.962 per m³

Usage over 100,000 cu.m/year $1.548 per m³

Summer irrigation usage over

10,000 cu.m/year                     $2.129 per m³

 

        (7) Low Valued Properties Remission Value

In accordance 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 $10,000.

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:

 

Instalment
Number

Instalment Date

Last Date for Payment

Penalty Applied

Instalment 1

25 July 2022

22 August 2022

26 August 2022

Instalment 2

25 October 2022

21 November 2022

25 November 2022

Instalment 3

25 January 2023

20 February 2023

24 February 2023

Instalment 4

26 April 2023

22 May 2023

26 May 2023

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:

 

Billing Month

Last Date for Payment

July 2022

22 August 2022

August 2022

20 September 2022

September 2022

20 October 2022

October 2022

21 November 2022

November 2022

20 December 2022

December 2022

20 January 2023

January 2023

20 February 2023

February 2023

20 March 2023

March 2023

20 April 2023

April 2023

22 May 2023

May 2023

20 June 2023

June 2023

20 July 2023

 

Penalty on Rates

Pursuant to Sections 57 and 58 of the Local Government (Rating) Act 2002, the 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 2022 to any balance from a previous rating year (including penalties previously charged) remaining outstanding on 1 July 2022.

 

·     a further additional charge of 5% will be added on 11 January 2023 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 9 January 2023.

Penalty Remission

In accordance 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.

Her Worship the Mayor/Noonan                                                      Carried

 

Attachments

1    A2905213 Mayoral Annual Plan Foreword 2022 - 13June2022

2    A2904439 Draft designed copy - Annual Plan 2022-23 - 10June2022

 

8.       Central Library Development Project Progress Report to End of March 2022 Quarter

Document number R26822, agenda pages 43 - 50 refer.

Library Redevelopment Project Manager, Alice Heather, presented the report and answered questions.

In response to a question on funding and insurance, Group Manager Corporate Services, Nikki Harrison advised that Council was expected to consider the intergenerational benefit of projects and ensure costs were shared over generations, therefore the work  would be funded in debt. She noted that there had been no future issues signalled from insurance providers. 

Group Manager Infrastructure, Alec Louverdis, answered questions on geotechnical and liquification reports.

 Resolved CL/2022/102

 

That the Council

1.    Receives the report Central Library Development         project Progress Report to End of March 2022 Quarter         (R26822).

Edgar/O'Neill-Stevens                                                                    Carried

 

9.       Central Library Development - Communications Strategy

Document number R26933, late items agenda pages 5 - 30 refer.

Library Redevelopment Project Manager, Alice Heather, and consultant, Emma Thompson from Publik, presented the report and answered questions on the consultation timeline.

The meeting adjourned from 11.25a.m until 11.38a.m.

 Resolved CL/2022/103

 

That the Council

1.    Receives the report Central Library Development - Communications Strategy (R26933) and its attachment (A2903525); and

2.    Approves the Central Library Development Communications Strategy as set out in report (R26933) and  its attachment (A2903525).

Courtney/Brand                                                                             Carried

 

The meeting adjourned at 12.10p.m. until 12.55p.m. at which time Councillors Skinner and Noonan left the meeting.

 

10.     Nelson Regional Development Agency Statement of Intent 2022/2023 (Agenda Item 11)

Document number R26709, agenda pages 62 - 121 refer.

Manager Strategy, Pip Jamieson, presented the report and noted minor editorial changes. Nelson Regional Development Agency Chair Meg Matthews, Chief Executive, Fiona Wilson and staff members Tracee Neilson and Toni Power were in attendance to answer questions.  Ms Wilson presented an overview of the Statement of Intent (tabled A2905158).

Attendance: Councillor Noonan joined the meeting at 1.05p.m. and Councillor Skinner joined the meeting at 1.19p.m.

Ms Wilson answered questions on the ISite closure, use of social media and transition of board members.

Resolved CL/2022/104

 

That the Council

1.    Receives the report Nelson Regional Development Agency Statement of Intent 2022/2023 (R26709) and its attachment (A2901525); and

2.    Agrees that the Nelson Regional Development Agency Statement of Intent 2022/23 meets Council’s expectations and is approved as the final Statement of Intent for 2022/23; and

3.     Delegates the Acting Mayor, Group Manager Strategy and Communications and Chief Executive of NRDA to make any necessary minor editorial amendments prior to the release of the Statement of Intent 2022/23.

Fulton/Courtney                                                                            Carried

 

Attachments

1    A2905158 Powerpoint Presentation NRDA

11.     Exclusion of the Public

Resolved CL/2022/105

 

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/Bowater                                                                              Carried

 

Item

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Particular interests protected (where applicable)

4

Nelmac Limited Director Reappointment

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

5

Confidential Attachment to Report R26950: Supplementary information - Holding Company decision

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

 

Recommendations from Committees

 

 

6

Strategic Development and Property Subcommittee - 9 June 2022

Relocatable Home Park Maitai Valley Motor Camp Approval

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

The meeting went into confidential session at 2.00p.m. and resumed in public session at 3.49p.m.

12.     Quarterly update on significant central government reform programmes

Document number R26888, agenda pages 51 - 61 refer.

Policy Adviser, Ailish Neyland presented the report. Group Manager Infrastructure, Alec Louverdis updated that submissions for 3 Waters closed on 22 July, Council would be providing a range of options to gather views of the community to inform Council’s submission. Residents could also submit directly to the Select Committee.  

Resolved CL/2022/106

 

That the Council

1.    Receives the report Quarterly update on significant central government reform programmes (R26888)

Her Worship the Mayor/Noonan                                                      Carried

 

13.     Late Item: Supplementary information - Holding Company decision

Document number R26950, late items agenda pages 31 - 102 refer.

The Chief Executive removed this item from the Agenda.

 

Karakia Whakamutanga

 

14.     Restatements

 

It was resolved while the public was excluded:

1

Recommendation from Committee:

Relocatable Home Park Maitai Valley Motor Camp Approval

 

Agrees that the decision, report (R26783) and attachment (A2885934) remain confidential at this time.

 

 

2

Nelmac Limited Director Reappointment

 

Agrees that the decisions only be made publicly available once the 2022 Nelmac Limited Annual General Meeting has taken place

 

There being no further business the meeting ended at 4.11p.m..

 

Confirmed as a correct record of proceedings by resolution on 12 July 2022.

Resolved CL/2022/123

 

That the Council

1.    Confirms the minutes of the meeting of the Council, held on 14 June 2022, as a true and correct record.