Notice of the Ordinary meeting of
Nelson City Council
Te Kaunihera o Whakatū
Date: Thursday 24 November 2022 Time: 9.00a.m. Location: Council
Chamber |
Agenda
Rārangi take
Chairperson His Worship the Mayor Nick Smith
Deputy Mayor Deputy Mayor Rohan O'Neill-Stevens
Members Cr Matty Anderson
Cr Matthew Benge
Cr Trudie Brand
Cr Mel Courtney
Cr James Hodgson
Cr Kahu Paki Paki
Cr Pete Rainey
Cr Campbell Rollo
Cr Rachel Sanson
Cr Tim Skinner
Cr Aaron Stallard
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.
Nelson City Council
24 November 2022
1. Apologies
An apology has been received from Councillor K Paki Paki
2. Confirmation of Order of Business
3.1 Updates to the Interests Register
3.2 Identify any conflicts of interest in the agenda
5. Mayor's Report 9 - 11
Document number R27347
Recommendation
That the Council 1. Receives the report Mayor's Report (R27347) and its attachment (1974015928-882); and 2. Adopts the Delegations and Terms of Reference for the Chief Executive Employment Committee (1974015928-882).
|
6. Approval of the Annual Plan 2023/24 Taskforce Terms of Reference 12 - 16
Document number R27348
Recommendation
1. Receives the report Approval of the Annual Plan 2023/24 Taskforce Terms of Reference (R27348) and its attachment (839498445-13383); and 2. Approves the Annual Plan 2023/24 Taskforce Terms of Reference (839498445-13383).
|
7. Annual Report 2021/22 17 - 25
Document number R27343
Recommendation
That the Council 1. Receives the report Annual Report 2021/22 (R27288) and its attachment (839498445-13184); and 2. Adopts the Annual Report for the year ended 30 June 2022 in accordance with S98 of the Local Government Act 2002; and 3. Receives the Audit New Zealand Opinion as tabled; and 4. Delegates the Mayor and Chief Executive authority to approve minor editorial changes to the Annual Report 2021/22 (83948445-13184), as necessary.
|
8. Elma Turner Library Seismic Strengthening Additional Capital Funding Request 26 - 35
Document number R27255
Recommendation
That the Council 1. Receives the report Elma Turner Library Seismic Strengthening Additional Capital Funding Request (R27255) and its attachment (606908324-46431); and 2. Approves that structural strengthening of the Elma Turner Library be completed to 34% New Building Standard (Importance Level 2) with construction to commence once the building consent has been issued; and 3. Approves that ceiling bracing of the Elma Turner Library be completed to 67% New Building Standard (Importance Level 2) for phases 1 and 2a; and 4. Approves that ceiling bracing of the Elma Turner Library will be completed to 67% New Building Standard (Importance Level 2) for phases 2b and 2c with construction to start in early 2023 once building consent has been issued; and 5. Notes that work on the Elma Turner Library will be carried out in phases to allow for an extended pop-up library as soon as possible; and 6. Approves the allocation of unbudgeted capital funding of $1.4M in 2022/23 for the Elma Turner Library seismic strengthening of structure, ceilings, and partitions.
|
9. Road Closures for Buskers Festival 2023, Bay Dreams South 2023 & UB40, Sanitarium Weet-Bix Kids TRYathlon, Christmas Carols, New Years Eve Event and the Santa Parade 36 - 64
Document number R27286
Recommendation
That Council: 1. Receives the report Road Closures for Buskers Festival 2023, Bay Dreams South 2023 & UB40, Sanitarium Weet-Bix Kids TRYathlon, Christmas Carols, New Years Eve Event and the Santa Parade (R27286) and its attachments (340448201-4324, 1355221503-1539, 340448201-4355, 1355221503-1522, 340448201-4350, 1355221503-656, 340448201-4380, 1355221503-5161, 340448201-4379, 1355221503-5338, 340448201-4426 and 1355221503-5369); and 2. Approves the temporary road closure as per report R27286 Section 4 and its attachment (340448201-4324) for the Buskers Festival 2023 from 21 January to 22 January 2023; and 3. Approves the temporary road closure as per report R27286 Section 5 and its attachment (340448201-4355) for Bay Dreams South 2023 & UB40 from 3 January to 7 January 2023, and the contingency dates stipulated in the report (R27286); and 4. Approves the temporary road closure as per report R27286 Section 6 and its attachment (340448201-4350) for the Sanitarium Weet-Bix Kids TRYathlon on 12 March 2023; and 5. Approves the temporary road closure as per report R27286 Section 7 and its attachment (340448201-4380) for the Christmas Carols on 24 December 2022; and 6. Approves the temporary road closure as per report R27286 Section 8 and its attachment (340448201-4379) for the New Years Eve Event and Road Closures 2023 from 31 December 2022 to 1 January 2023; and 7. Approves the temporary road closure as per report R27286 Section 9 and its attachment (340448201-4426) for the Santa Parade on 4 December 2022, and the contingency date stipulated in the report.
|
10. Temporary Liquor Ban Tahunanui Reserve 65 - 70
Document number R27337
Recommendation
That the Council 1. Receives the report December Meeting - Temporary Liquor Ban Tahunanui Reserve (R27334); and 2. Agrees to impose a temporary ban on the consumption and possession of alcohol at Tahunanui Reserve on 5 February 2023 between the hours of 7:00am and 9:00pm, pursuant to clause 6.15 of the Amended (No 225) Urban Environments Bylaw 2022.
|
Confidential Business
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 |
Section 17A review - Venue maintenance, marketing and management |
Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7 |
The withholding of the information is necessary: · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) |
2 |
Reappointment of Trustees to the City of Nelson Civic Trust |
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 |
3 |
Mayors Report - Interim Chief Executive appointment |
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 |
Item 5: Mayor's Report
Council 24 November 2022 |
REPORT R27347
Mayor's Report
1. Purpose of Report
1.1 To adopt the delegations of the Chief Executive Employment Committee for the 2022 – 2025 triennium.
1. Receives the report Mayor's Report (R27347) and its attachment (1974015928-882); and 2. Adopts the Delegations and Terms of Reference for the Chief Executive Employment Committee (1974015928-882). |
3. Background and Discussion
3.1 At the Council meeting on 28 October 2022 the Chief Executive Employment Committee (CEEC) was delegated the responsibility to make recommendations on the recruitment and appointment of a Chief Executive, clause 10 stated:
CL/2022/249
That the Council
10. Notes that the Chief Executive Employment Committee will have within its delegation the power to make recommendations on the recruitment and appointment of a Chief Executive, including the ability to establish a panel for interviewing; and
3.2 The Council’s full Delegations Register will be brought to the 15 December 2022 meeting for adoption, however in order to progress the recruitment process in a timely manner the delegations for the Chief Executive Employment Committee have been brought to this meeting.
3.3 The CEEC is a single purpose committee; single purpose committees are committees or subcommittees appointed in accordance with Schedule 7 of the Local Government Act with terms of reference relating to one specific subject matter.
3.4 Historically, CEEC has the responsibility of developing Key Performance Indicators for the Chief Executive, then reviewing and monitoring his/her performance and remuneration and recommending to Council for approval.
3.5 For the current triennium decision-making powers have been delegated to CEEC in order to progress the recruitment of the Chief Executive.
4. Conclusion
4.1 The Chief Executive Employment Committee will progress the recruitment of the Chief Executive and recommend the preferred candidate/s to Council.
Author: Dr Nick Smith, Mayor
Attachments
Attachment 1: 1974015928-882 Chief Executive Employment Committee Delegations and Terms of Reference 2022 - 2025.docx ⇩
Item 6: Approval of the Annual Plan 2023/24 Taskforce Terms of Reference
Council 24 November 2022 |
REPORT R27348
Approval of the Annual Plan 2023/24 Taskforce Terms of Reference
1. Purpose of Report
1.1 To confirm the Terms of Reference for the Council taskforce of elected members to oversee the 2023-24 Annual Plan.
1. Receives the report Approval of the Annual Plan 2023/24 Taskforce Terms of Reference (R27348) and its attachment (839498445-13383); and 2. Approves the Annual Plan 2023/24 Taskforce Terms of Reference (839498445-13383). |
3. Background
3.1 On 10 November 2022 the Mayor established a Annual Plan 2023/24 Taskforce. Draft Terms of Reference for the Taskforce are included in Attachment 1.
4. Discussion
4.1 The purpose of the Taskforce is to review Council’s Annual Plan 2023-24 and to recommend updates to the Long Term Plan budgets and work programme forecasts and to provide these to Council for deliberation prior to 30 June 2023.
4.2 The role of the Taskforce is to give the earliest consideration to exceptions to the Annual Plan, from what was incorporated in the Long Term Plan. These include, but are not limited to, the impact of the severe flooding events, rising interest rates and inflation, along with increased costs experienced by Council contractors, suppliers and the community at large.
Options
4.3 Council can establish an Annual Plan 2023-24 Taskforce to allow more in-depth discussion of key issues as work on the Annual Plan progresses. It could choose instead for all Annual Plan matters to be reported to Council, which would allow all elected members to participate in discussions but not be helpful in spreading the workload or providing timely guidance to staff.
Author: Pip Jamieson, Manager Strategy
Attachments
Attachment 1: 839498445-13383 Annual Plan 2023-24 Taskforce Terms of Reference ⇩
Important considerations for decision making |
Fit with Purpose of Local Government The Annual Plan 2023-24 is a requirement of the Local Government Act 2002 and fits the purpose of local government by providing information about Council’s planned activities, which contributes to democratic local decision-making. |
Consistency with Community Outcomes and Council Policy The recommendations in this report support the community outcome; Our Council provides leadership and fosters partnerships, a regional perspective, and community engagement. |
Risk The recommendation to establish a 2023-24 Annual Plan Taskforce and its Terms of Reference is low risk as it will not have decision-making powers. |
Financial impact Costs associated with organising the Taskforce will be met within existing budgets. |
Degree of significance and level of engagement This matter is of low significance because the Taskforce will not have decision -making powers. Therefore, no community engagement will be undertaken |
Climate Impact Activity areas within the Annual Plan consider the impact of climate change in their development and delivery and the Plan will include climate change projects and funding for the 2023-24 period. |
Inclusion of Māori in the decision making process No engagement with Māori has been undertaken in preparing the report. |
Delegations This decision is a matter for full Council |
Item 7: Annual Report 2021/22
Council 24 November 2022 |
REPORT R27343
Annual Report 2021/22
1. Purpose of Report
1.1 To adopt the Annual Report for the year ending 30 June 2022 in accordance with section 98 of the Local Government Act 2002.
2. Summary
2.1 The Local Government Act usually requires Council to adopt the final Annual Report within four months of the end of the financial year (i.e. by 31 October). Due to the impacts of COVID-19, the Annual Reporting and Audit Time Frames Extensions Legislation Bill 2021 extended the deadline for the 2021/22 Annual Report to 31 December 2022.
2.2 Audit New Zealand commenced auditing of the draft Annual Report 2021/22 in September 2022, and audit work will be complete by the date of this meeting. The Audit report will be tabled at the meeting. No significant issues have been identified during the audit.
2.3 The Annual Report 2021/22 presents a positive picture of the financial performance of the Council over the previous year. Council recorded an accounting surplus before revaluations for the year ended 30 June 2022 of $23.6 million which was $21.2 million more than budget. Borrowings net of cash and deposits were $111.6 million, compared to a budget of $124.1 million.
1. Receives the report Annual Report 2021/22 (R27288) and its attachment (839498445-13184); and 2. Adopts the Annual Report for the year ended 30 June 2022 in accordance with S98 of the Local Government Act 2002; and 3. Receives the Audit New Zealand Opinion as tabled; and 4. Delegates the Mayor and Chief Executive authority to approve minor editorial changes to the Annual Report 2021/22 (83948445-13184), as necessary. |
4. Background
4.1 The purpose of the Annual Report is to compare the actual activities and performance of Council with those set out in the Annual Plan 2021/22. It is also a means to promote accountability to the community for the decisions Council has made throughout the year.
4.2 Progress was made across a range of projects in line with Council’s Long Term Plan priorities of infrastructure, environment, City Centre development, housing affordability and intensification, Maitai River Precinct and creating a sustainable transport culture. Council achieved 83% of its performance measures in a year that was again impacted by COVID-19. This is an improvement over the 2020/21 result of 66%.
4.3 An initial draft of the Annual Report 2021/22 was presented to the Audit, Risk and Finance Subcommittee on 13 September 2022 in order to provide an opportunity for any feedback.
4.4 The Annual Report includes both the parent (Nelson City Council) and the Nelson City Council Group – which consists of Nelson City Council, its subsidiaries (Nelmac Limited, Nelson Civic Trust, Bishop Suter Trust, Nelson Regional Development Agency) and its associates and joint ventures.
4.5 As Council does not have a controlling interest in its associates (Nelson Airport Limited, Tasman Bays Heritage Trust and Port Nelson Limited) these are equity accounted. Nelson Regional Sewerage Business Unit, Nelson Tasman Regional Landfill Business Unit, and the Nelson Tasman Combined Civil Defence Organisation are proportionately consolidated as these are not separate legal entities. Further detail of the accounting treatment is included in Note 1 to the accounts.
5. Discussion
Highlights for 2021/22
Climate Change
5.1 Council continued to undertake a wide range of climate actions across all of its activities. Te Mahere Mahi a te Āhuarangi, the Climate Action Plan, was adopted in November 2021 and brings together initiatives and actions for mitigation, adaptation, innovation and resilience across the ten years of the Long Term Plan 2021-31. Council also agreed in June to the proposed structure and content of the Climate Change Strategy which is under development.
Housing Affordability and Intensification
5.3 Council approved two grants totalling $1.85 million from its Housing Reserve to the Nelson Tasman Housing Trust and Habitat for Humanity Nelson. This funding will contribute to projects that will deliver 19 new affordable homes in Nelson.
5.4 The Nelson Tasman 2022-2052 Future Development Strategy (FDS) was developed during 2021-22 and adopted in August 2022. It is a joint project with Tasman District Council seeking to respond to population growth and housing affordability challenges. The FDS will help inform both councils’ 2024-2034 Long Term Plans.
Infrastructure
5.5 Water mains were upgraded and renewed in several locations around the City in 2021/22. The three-year city-wide renewal programme of its residential water meters was completed in June 2022. Council continued to invest in improved wastewater management infrastructure and upgrade stormwater infrastructure. Work began in 2021 on the final stage of Council’s multi-million-dollar flood protection investment in upgrading Saxton Creek.
5.6 The Rethink Waste Whakaarohia programme continued in 2021/22 with many new initiatives. Council ran a trial of kerbside collection of residential kitchen waste which will help to determine whether long term food waste collection is viable. Council received funding from the Ministry for the Environment for a new sorting area at the Nelson Waste Recovery Centre.
Environment
5.7 Coastal restoration projects have been a focus of Council’s science and environment work in 2021/22. Additionally, the first phase of a new online state of the environment reporting tool has been completed. Four Jobs for Nature projects were delivered in 2021/22. Through Council’s Environmental Grants programme, 91 applications were received in 2021/22 with two-thirds being successful.
5.8 Council has focused on improving the provision of natural hazard information and on increasing community understanding of natural hazard risks.
City Centre Development
5.9 Nelson’s City Centre Spatial Plan, gifted the name Te Ara ō Whakatū - The Pathway of Nelson, was adopted by Council in 2021/22.
Maitai River Precinct
5.10 Council is investigating opportunities to develop the Maitai River Precinct. In 2021/22, work to advance a multi-use development with a library at its heart continued. Council approved a number of key steps including the project management and governance structures and a flood mitigation plan.
Creating a Sustainable Transport Culture
5.11 Council made progress in a number of areas that support a sustainable transport culture. It endorsed the final Waka Kotahi business case for the Nelson Future Access project, the Active Travel Strategy and the new Parking Strategy were adopted, and Council’s Innovating Streets project in Nelson South received a further award.
Partnerships with Māori and iwi
5.12 Council is committed to strengthening partnerships with iwi and Māori of Whakatū. During 2021/22, Council took several actions to enhance Māori involvement in the decision-making process including establishing a Māori ward for the 2022 elections, hosting partnership hui with iwi, appointing iwi endorsed Māori representatives to sit on committees, and working collaboratively to develop the draft Taonga Tuku Iho, Heritage Strategy 2022-2032.
Three Waters Reform
5.13 In June 2022 Council made a submission on the Water Services Entities Bill which is the first Bill in a suite of Three Waters Reform legislation. The submission was informed by significant community consultation.
Non-financial performance
5.14 Council measures its non-financial success against performance measures that are set through the Long Term Plan. The Long Term Plan 2021-2031 established 66 performance measures across Council’s eleven activity areas. The measures are recorded as ‘achieved’, ‘not achieved’, or ‘not measured’ (where insufficient data is available to determine a result) at the end of the year.
5.15 Council achieved 55 of its non-financial performance measures (83%) in 2021/22, which surpasses its performance in 2020/21 (66%). Commentary on all measures is provided in the activity sections of Attachment 1.
Surplus
5.16 The Annual Report shows that Council recorded a net surplus before revaluations for the year ended 30 June 2022 of $23.6 million which was $21.2 million more than budget. The surplus was $9.8 million for the 2020/21 financial year. More detail for the variance is explained in the Annual Report Note 40, however the reasons for this variance are mainly due to:
5.17 Fees and charges are $7.0 million lower than budget, which is mainly due to the budget including $5.5 million of forestry income, whereas the actual gain on forestry was $0.9 million and was recognised under other gains or losses.
5.18 Subsidies and grants are $2.0 million lower than budget mainly due to Waka Kotahi capital grant income being lower than budgeted.
5.19 Development/financial contributions are $2.9m greater than budget due to more development activity than budgeted.
5.20 Other revenue is $5.0 million greater than budget. The main contributor to this variance was vested asset income, which was $1.5 million more than budgeted for.
5.21 Other gains/losses are greater than budget by $15.0 million mainly due to a higher than budgeted gain on derivatives ($15.3 million) due to the upward movement in interest rates.
5.22 Total operating expenditure was $6.5 million less than budget due to many savings across the board. Major variances are:
· $0.8 million savings in the Nelson plan costs due to a change in the program of work.
· $2.7 million of capital grant saving in Economic Development for Strategic land allocation funding for the Science and Technology Precinct not being spent and carried forward to 2022/23.
· $1.4 million grant funded from the Housing Reserve not being budgeted for.
5.23 The final Land and Infrastructure Revaluations was $251.1m; $213 million over budget:
· Infrastructure assets are revalued every year to smooth out the large fluctuations and accounted for all of the overall revaluation. This is against a budget of $38.1 million.
· Land is revalued every five years or when its fair value diverges materially from its carrying value. The movement for 2021/22 is not deemed to be material and land was not revalued in this financial year. Land was last revalued in 2020/21.
External Debt
5.24 At 30 June 2022 Council’s borrowings, net of deposits, cash and LGFA borrower notes were $111.6 million compared to a budget of $124.1 million. This variance is mainly due to the Capital Expenditure not reaching the full programme and ending less than forecasted by $11 million against Annual Plan budget of $67.1 million. Detail relating to variances in the Capital Programme can be seen in the section of “Summary of Capital Expenditure over $100,000”.
Rating Surplus (Deficit)
5.26 Council is required to include information on financial performance in relation to various benchmarks in the Annual Report.
5.27 A summary of this information in the Annual Report is included in the following table:
Measure |
Result |
Benchmark |
|
Rates (increases) affordability |
5.7% |
<6.2% |
Achieved |
Balanced Budget (revenue:expenditure) |
101% |
>100% |
Achieved |
Debt affordability (% of revenue) |
94% |
<150% |
Achieved |
Essential services (capital expenditure:depreciation) |
189% |
>100% |
Achieved |
Debt Servicing (interest:revenue) |
2.87% |
<10% |
Achieved |
Debt Control (actual:budget) |
81% |
<100% |
Achieved |
Operational Control (actual:budget net cashflow from operations) |
127% |
>100% |
Achieved |
Material differences from the draft Annual Report presented to the Audit, Risk and Finance Subcommittee
5.28 The draft Annual Report went to the Audit, Risk and Finance Subcommittee on 13 September. Since that time, the audit has been completed.
5.29 Land and Infrastructure revaluations reported to Audit, Risk and Finance Subcommittee on 13 September was $135 million whereas it is $251 million in the final Annual Report. This is mainly due to the full valuation details were not available by the time the draft Annual report was provided to the Subcommittee on 13 September.
5.30 Other than that there have been no material changes to the draft Annual Report presented. There have been some minor changes to the results in the statement of comprehensive revenue and expense and in the statement of financial position (and associated notes).
6. Options
6.1 Option 1 is the recommended option.
Option 1: Adopt the Annual Report 2021/22 and accept the supporting recommendations |
|
Advantages |
· Meets statutory timeframes. · Allows timely production and distribution of the Annual Report. |
Risks and Disadvantages |
· No further opportunity for Council to review minor amendments prior to publishing. |
Option 2: Not accept the recommendations |
|
Advantages |
· None identified |
Risks and Disadvantages |
· Adoption of the Annual Report will not meet statutory timeframes. · Not meeting statutory timeframes may be a consideration by Standard and Poor’s for the Council credit rating. · The Annual Report will not be available to the public in a timely manner. |
7. Conclusion
7.1 It is recommended that Council adopt the Annual Report for the 2021/22 year.
8. Next Steps
8.1 Following adoption by Council the Annual Report 2021/22 will be made available online, and printed copies provided for reference at Council’s public libraries and the Customer Service Centre. An article on the Annual Report will be included in an upcoming edition of Our Nelson.
8.2 Council is required to make publicly available a summary of the information contained in the Annual Report within one month of its adoption. An audited Summary Annual Report 2021/22 will be made available online, as well as at Council’s public libraries and the Customer Service Centre.
Authors: Nicky McDonald, Group Manager Strategy and Communications and Nikki Harrison, Group Manager Corporate Services
Attachments
Attachment 1: 839498445-13184 Draft Annual Report as at 7 November 2022 (Circulated separately) ⇨
Important considerations for decision making |
Fit with Purpose of Local Government The Annual Report 2021/22 is a requirement of the Local Government Act 2002 and fits the purpose of local government by providing information about Council’s performance during 2021/22 – this contributes to democratic local decision-making. |
Consistency with Community Outcomes and Council Policy The decision to adopt the Annual Report aligns with the following community outcome: Our Council provides leadership and fosters partnerships, a regional perspective and community engagement. |
Risk The content of the Annual Report is prescribed by statute so there is a very low risk that it will not achieve the required outcome. The Local Government Act 2002 normally requires Council to adopt the final Annual Report within four months of the end of the financial year (31 October). Under the Annual Reporting and Audit Time Frames Extensions Legislation Bill 2021, the new date for councils to meet reporting timeframes is 31 December 2022. There is low risk that the Annual Report will not be adopted by this date. |
Financial impact There is no immediate financial impact from this decision - preparation and publication of the Annual Report can be achieved within existing budgets. If Council does not adopt the Annual Report before the statutory deadline of 31 December 2022, it may be a consideration for Standard and Poor’s in its annual credit rating assessment. The Annual Report itself outlines the financial position of Council at the end of the 2021/22 financial year. |
Degree of significance and level of engagement This decision is of low significance and does not require engagement. |
Climate Impact The Annual Report (Attachment 1) contains a summary of Council’s climate change actions in 2021/22, promoting awareness of Council’s work in this area.
|
Inclusion of Māori in the decision making process No engagement with Māori has been undertaken in preparing this report. |
Delegations The adoption of the Annual Report is a decision of Council. |
Item 8: Elma Turner Library Seismic Strengthening Additional Capital Funding Request
Council 24 November 2022 |
REPORT R27255
Elma Turner Library Seismic Strengthening Additional Capital Funding Request
1. Purpose of Report
1.1 To approve unbudgeted capital funding to complete seismic strengthening works at the Elma Turner Library (ETL) that will allow for the reopening of the facility.
1. Receives the report Elma Turner Library Seismic Strengthening Additional Capital Funding Request (R27255) and its attachment (606908324-46431); and 2. Approves that structural strengthening of the Elma Turner Library be completed to 34% New Building Standard (Importance Level 2) with construction to commence once the building consent has been issued; and 3. Approves that ceiling bracing of the Elma Turner Library be completed to 67% New Building Standard (Importance Level 2) for phases 1 and 2a; and 4. Approves that ceiling bracing of the Elma Turner Library will be completed to 67% New Building Standard (Importance Level 2) for phases 2b and 2c with construction to start in early 2023 once building consent has been issued; and 5. Notes that work on the Elma Turner Library will be carried out in phases to allow for an extended pop-up library as soon as possible; and 6. Approves the allocation of unbudgeted capital funding of $1.4M in 2022/23 for the Elma Turner Library seismic strengthening of structure, ceilings, and partitions. |
3. Background
3.1 At the meeting held 10 November 2022, Council considered a proposal for the establishment of an ETL Reopening Taskforce to enable a rapid response which will assist the timely return to full delivery of library services in Nelson’s central city.
3.2 It was resolved at that meeting that Council:
Resolved CL/2022/250
That the Council
2. Approves the establishment of an Elma Turner Library Reopening Taskforce with the following membership which is to be made up of;
· Mayor Nick Smith (Chair)
· Councillors Kahu Paki Paki, Tim Skinner and Aaron Stallard
To be supported by such staff as assigned by the Chief Executive to enable a return to full provision of library services for Nelson City Centre; and
3. Approves the Terms of Reference for the Library Reopening Taskforce (1982984479-5255).
4. Discussion
Structural Detailed Seismic Assessment (DSA)
4.1 The original DSA undertaken in 2013 assessed the structure of the ELT at 42% New Building Standard (NBS). As a result of the July 2017 Ministry of Business, Employment and Innovation guidelines a revised DSA was undertaken and that report has assessed the building at 30%NBS (IL2).
4.2 The final version of the structural DSA was received 18 November 2022, and is able to be viewed at the following link http://www.nelson.govt.nz/assets/Our-council/Downloads/official-information/lgoima-responses/2022/Elma-Turner-Library-Detailed-Seismic-Assessment_Redacted.pdf
4.3 The majority of the building is above 34%NBS and the one aspect that limits the rating to below 34%NBS is the connections between the roof bracing system and the boundary concrete/masonry wall in the Halifax Street side (southern section).
4.4 It is recommended to consider strengthening these roof bracing elements to reach the design threshold of 34%NBS (IL2). Strengthening the structure beyond approximately 50%NBS (IL2) is likely to require extensive structural works to the building and foundations and potential site ground improvement.
Library Reopening Taskforce
4.5 The Library Reopening Taskforce met on Friday 11 November 2022 (and visited the library) where the following matters were considered and supported by the taskforce.
4.5.1 Complete ceiling bracing to 67%NBS (IL2) where a discretionary exemption allows.
4.5.2 Complete ceiling bracing to 67%NBS (IL2) with construction to start once building consent issued.
4.5.3 Structural strengthening to 34%NBS (IL2)
4.5.4 Consider a phased approach to allow for an extended popup library to open with other works to follow until the entire library is open.
4.5.5 Include capital expenditure funding shortfall request in Council report.
4.6 A minor revision to the phasing is now suggested to streamline construction; phase 2a is separated from 2b and 2c, with work to be completed under a discretionary exemption to building consent. The recommendations to Council reflect this update.
5. Project Programme
5.1 It was recommended that a phased work programme be planned for the strengthening of the ETL (see below plan).
5.2 Completion of phase 1 and phase 2a to enable an extended pop-up library this summer are dependent on discretionary exemption for Building Consent approvals.
5.3 Phase 2b and 2c would progress under building consent with construction starting in early 2023, split into stages to allow library staff and the collection to continue providing service.
5.4 It is expected that phase 1 for the pop-up extension would be completed 9 weeks after approval of the recommendations and additional capital funding is received, and Phase 2a would be completed within 14 weeks if discretionary exemption is issued. Phases 2b and 2c could be completed within 24 weeks of approval.
6. Financials
6.1 The following table shows the actual capital expenditure against budget for 2022/23 year to date.
Task completed |
Cost |
Construction completed Pop-Up (incl. design & construction) |
$102,114 |
Beca work package 3 (DSA Ceilings) |
$30,000 |
Beca work package 8 (DSA Structural) |
$42,000 |
Beca package 8 (DSA structural geotechnical additional fee) |
$15,000 |
Total actual 2022/23 |
$189,114 |
Budget 2022/23 |
$200,000 |
6.2 The following table shows the estimated cost to complete the seismic strengthening to 67%NBS for the ceilings and 34%NBS for the structure.
Remaining budget ceiling tiles (from $200k above) |
$10,886 |
Ceilings 67%NBS and structure 34%NBS IL2 |
$1,372,345 |
Shortfall |
$1,361,459 |
7. Options
7.1 The following options have been identified, with option 1 being the recommended option:
Option 1: Approve the recommendations of the Library Reopening Taskforce (recommended) |
|
Advantages |
· Allows the ETL to be fully reopened · Phased approach allows an extended pop-up library for summer · Proven methodology for ceiling bracing based on concept investigations during the pop-up library project. · Structure is strengthened sufficient that balances the risk with the cost (investment only to remove from the high risk category) · Provides for library services in the medium term to enable further considerations for library development in Long Term Plan 2024-34. |
Risks and Disadvantages |
· Additional unbudgeted funding requirement · Seismic risk remains higher than an equivalent new building |
Option 2: Do not approve the recommendations of the Library Reopening Taskforce |
|
Advantages |
· No additional budget requirement |
Risks and Disadvantages |
· Restricts the ability of the library to deliver the services expected by the community · Significant Life Safety risk remains · Earthquake prone building notice would be served · Reputational risk |
8. Next Steps
8.1 If Council approves the recommendations and the unbudgeted capital expenditure funding request to complete the work, the work programme will be progressed with urgency.
Author: Rebecca Van Orden, Manager Property Services
Attachments
Attachment 1: 606908324-46431 Glossary for Elma Turner Library Seismic Strengthening Additional Capital Funding report ⇩
Important considerations for decision making |
Fit with Purpose of Local Government The provision of library services is a core function of local government which supports the cultural and social wellbeing of the community. |
Consistency with Community Outcomes and Council Policy This report fits with the following Community Outcomes: Our communities have opportunities to celebrate and explore their heritage, identity and creativity We are proud of and celebrate our history and heritage and how that contributes to our identity. We have a strong sense of community, enhanced by the wide range of arts, cultural and sporting opportunities on offer. Our communities have access to a range of social, educational and recreational facilities and activities Nelson has developed high quality sports and recreation facilities for all ages. There are educational and leisure opportunities for the whole community to enjoy. We protect, enhance and celebrate Nelson’s human heritage and historic sites. |
Risk Council faces reputational risk from long term closure of the City’s largest library facility. |
Financial impact The shortfall for the recommended works is unbudgeted and will require a decision from Council to fund. The shortfall will be funded through borrowings at an approximate interest cost of $63,000 per annum. |
Degree of significance and level of engagement This matter is of low significance and no engagement has been undertaken. The pop-up library and extended hours at branch libraries are providing a library service to the community but not the extent that the community is accustomed to or expects. No engagement will be required, however the public and stakeholders will be kept informed about the progress of this project through the Council’s communication channels, including Our Nelson, social media and regular media releases.
|
Climate Impact There is no direct climate impact from the matters in this report. |
Inclusion of Māori in the decision-making process No engagement with Māori has been undertaken in preparing this report. |
Delegations This is a matter for full Council. |
Item 9: Road Closures for Buskers Festival 2023, Bay Dreams South 2023 & UB40, Sanitarium Weet-Bix Kids TRYathlon, Christmas Carols, New Years Eve Event and the Santa Parade
Council 24 November 2022 |
REPORT R27286
Road Closures for Buskers Festival 2023, Bay Dreams South 2023 & UB40, Sanitarium Weet-Bix Kids TRYathlon, Christmas Carols, New Years Eve Event and the Santa Parade
1. Purpose of Report
1.1 To approve the temporary road closure applications for the Buskers Festival from 21 January to 22 January 2023, Bay Dreams South 2023 & UB40 from 3 January to 7 January 2023, Sanitarium Weet-Bix Kids TRYathlon on 12 March 2023, Christmas Carols on 24 December 2022, New Years Eve Event and Road Closures 2023 on 31 December 2022 to 1 January 2023 and the Santa Parade on 4 December 2022.
1. Receives the report Road Closures for Buskers Festival 2023, Bay Dreams South 2023 & UB40, Sanitarium Weet-Bix Kids TRYathlon, Christmas Carols, New Years Eve Event and the Santa Parade (R27286) and its attachments (340448201-4324, 1355221503-1539, 340448201-4355, 1355221503-1522, 340448201-4350, 1355221503-656, 340448201-4380, 1355221503-5161, 340448201-4379, 1355221503-5338, 340448201-4426 and 1355221503-5369); and 2. Approves the temporary road closure as per report R27286 Section 4 and its attachment (340448201-4324) for the Buskers Festival 2023 from 21 January to 22 January 2023; and 3. Approves the temporary road closure as per report R27286 Section 5 and its attachment (340448201-4355) for Bay Dreams South 2023 & UB40 from 3 January to 7 January 2023, and the contingency dates stipulated in the report (R27286); and 4. Approves the temporary road closure as per report R27286 Section 6 and its attachment (340448201-4350) for the Sanitarium Weet-Bix Kids TRYathlon on 12 March 2023; and 5. Approves the temporary road closure as per report R27286 Section 7 and its attachment (340448201-4380) for the Christmas Carols on 24 December 2022; and 6. Approves the temporary road closure as per report R27286 Section 8 and its attachment (340448201-4379) for the New Years Eve Event and Road Closures 2023 from 31 December 2022 to 1 January 2023; and 7. Approves the temporary road closure as per report R27286 Section 9 and its attachment (340448201-4426) for the Santa Parade on 4 December 2022, and the contingency date stipulated in the report. |
3. Background
3.1 These closures are for events, and thus they fit the requirements of Schedule 10 Clause 11(e) of the Local Government Act 1974. Council approval is required until such time that the delegation has been updated to reflect how or where these can be approved.
3.2 It is a requirement that consultation with Waka Kotahi (New Zealand Transport Agency) is undertaken to temporarily close any road under Schedule 10 Clause 11 of the Local Government Act 1974. Nelson City Council (NCC) and NZTA have an agreement whereby specific consultation is only required if the closure affects the State Highway or their assigned detour routes.
4. Buskers Festival 2023
4.1 Council officers received an application on 8 September 2022 from Three Bridges Productions Ltd to close Selwyn Place – from Trafalgar Square East to Trafalgar Square West, including the Church Steps and the intersection with Park Street from Saturday 21 January to Sunday 22 January 2023 from 2.00 pm to 11.00 pm as shown in Attachment 1.
4.2 The Buskers Festival is an annual event that showcases New Zealand’s best street performers.
4.3 As per clause 11(e) of schedule 10 of the Local Government Act 1974, this proposed road closure will not exceed the aggregate of 31 days for any year.
4.4 Consultation with Waka Kotahi has not been undertaken due to this event not having any impact on the State Highway or its detour routes.
4.5 Consultation with the Police has been undertaken and they have given their approval for this event.
4.6 As per clause 11A of schedule 10 of the Local Government Act 1974, Council placed a notification in Our Nelson on 5 October 2022 to notify of the applicant’s intention to close these roads and inviting feedback by 19 October 2022. The advertisement was also placed on the Council website, an email notification was undertaken, and a hand delivered letter drop by the applicant to directly affected businesses/residents was carried out (Attachment 2). No feedback from the public was received.
4.7 Consent requirements for this event are being managed by other teams within Council. Insurance requirements will be managed under the contract between Three Bridges Productions Ltd and Council.
4.8 Council officers are satisfied that the road closure will not unreasonably impede traffic because alternative routes are available, and the extent and duration is limited. Council officers recommend that this application be approved.
4.9 If approved, a minimum of 24 hours’ notice will be provided to affected businesses and residences.
4.10 In the event that this event gets cancelled due to, for example COVID-19 restrictions, the closures will not proceed, and this will be publicly notified.
5. Bay Dreams South 2023 & UB40
5.1 Council officers received an application on 19 September 2022 from Bay Dreams South to close the roads listed below at the times listed below, and as shown in Attachment 3.
5.2 The Bay Dreams South 2023 is a concert with both national and international acts & UB40 is an international act.
· Hathaway Terrace (part of the road), Hathaway Carpark and Trafalgar Park Lane from 6:00am Tuesday 3 January to 6:00pm Saturday 7 January.
· Trafalgar
Centre (from north of the bollards) 6:00am Tuesday 3 January to 6:00pm Saturday 7 January.
· Paru Paru Road (from Countdown Carpark Entrance to bollards) from 6:00am Wednesday 4 January to 6:00pm Saturday 7 January.
· Paru Paru Road (from Rutherford Street to Countdown Carpark Entrance) from 9:00am Thursday 5 January to 1:00am Friday 6 January.
· Achilles
Ave and Wakatu Lane from
5:30pm Thursday 5 January to
1:00am Friday 6 January.
· Halifax Street (from Haven Road to Trafalgar Street) and Rutherford Street (from Paru Paru Road to Bridge Street) from 8:00pm Thursday 5 January to 1:00am Friday 6 January.
· Contingency Dates: Should the event not proceed due to weather or unforeseen circumstances, the event may occur in the days following, but in any event, no later than 10 January 2023.
5.3 As per clause 11(e) of schedule 10 of the Local Government Act 1974, this proposed road closure will not exceed the aggregate of 31 days for any year.
5.4 Consultation with Waka Kotahi has been undertaken and they have given their approval for this event.
5.5 Consultation with the Police has been undertaken and they have given their approval for either of these closures and for the event.
5.6 As per clause 11A of schedule 10 of the Local Government Act 1974, Council placed a notification in Our Nelson on 19 October 2022 to notify of the applicant’s intention to close these roads and inviting feedback by 2 November 2022. The advertisement was also placed on the Council website, an email notification was undertaken, and a hand delivered letter drop by the applicant to directly affected businesses/residents was carried out (Attachment 4). No feedback from the public was received.
5.7 Consents and liquor license requirements for this event will be processed by other teams within Council. Insurance requirements will be managed under the contract between Bay Dreams South and Council.
5.8 Council officers are satisfied that the road closure will not unreasonably impede traffic because alternative routes are available, and the extent and duration is limited. Council officers recommend that this application be approved.
5.9 If approved, a minimum of 24 hours’ notice will be provided to affected businesses and residences.
5.10 In the event that this event gets cancelled due to, for example COVID-19 restrictions, the closures will not proceed, and this will be publicly notified.
6. Sanitarium Weet-Bix Kids TRYathlon 2022
6.1 Council officers received an application on 23 September 2022 from SMC Events Ltd to close the roads listed below on Sunday 12 March 2023 from 6am to 1pm as shown in Attachment 5.
6.2 The Sanitarium
Weet-Bix Kids TRYathlon is an annual event for children aged 7-15 years to help
them stay active and healthy through participating in this swimming, cycling,
and running event.
· Tahunanui Recreation Reserve
· Beach Road – from number 21 Beach Road to Golf Road
· Hounsell Circle
· Waikare Street
· Bisley Walk
· Centennial Road
· Green Street – from Roto Street
6.3 As per clause 11(e) of schedule 10 of the Local Government Act 1974, this proposed road closure will not exceed the aggregate of 31 days for any year.
6.4 Consultation with Waka Kotahi has been undertaken and they have given their approval for this event.
6.5 Consultation with the Police has been undertaken and they have given their approval for this event.
6.6 As per clause 11A of schedule 10 of the Local Government Act 1974, Council placed a notification in Our Nelson on 19 October 2022 to notify of the applicant’s intention to close these roads and inviting feedback by 2 November 2022. The advertisement was also placed on the Council website, an email notification was undertaken, and a hand delivered letter drop by the applicant to directly affected businesses/residents was carried out (Attachment 6). No feedback from the public was received.
6.7 No noise consent is required for this event and evidence of public liability insurance has been provided.
6.8 Council officers are satisfied that the road closure will not unreasonably impede traffic because alternative routes are available, and the extent and duration is limited. Council officers recommend that this application be approved.
6.9 If approved, a minimum of 24 hours’ notice will be provided to affected businesses and residences.
6.10 In the event that this event gets cancelled due to, for example COVID-19 restrictions, the closures will not proceed, and this will be publicly notified.
7. Christmas Carols
7.1 Council officers received an application on 5 October 2022 from Nelson City Council Transport Team to close Trafalgar Square – from Trafalgar Square East to Trafalgar Square West, including the Church Steps and the intersection with Park Street on Saturday 24 December 2022 from 7.00 pm to 11.00 pm as shown in Attachment 7.
7.2 The Christmas Carols is an annual event for the Nelson public to get together and sing Christmas Carols.
7.3 As per clause 11(e) of schedule 10 of the Local Government Act 1974, this proposed road closure will not exceed the aggregate of 31 days for any year.
7.4 Consultation with Waka Kotahi has not been undertaken due to this event not having any impact on the State Highway or its detour routes.
7.5 Consultation with the Police has been undertaken and they have given their approval for this event.
7.6 As per clause 11A of schedule 10 of the Local Government Act 1974, Council placed a notification in Our Nelson on 19 October 2022 to notify of the applicant’s intention to close these roads and inviting feedback by 2 November 2022. The advertisement was also placed on the Council website, an email notification was undertaken, and a hand delivered letter drop by the applicant to directly affected businesses/residents was carried out (Attachment 8). No feedback from the public was received.
7.7 No noise consent is required for this event and evidence of public liability insurance has been provided.
7.8 Council officers are satisfied that the road closure will not unreasonably impede traffic because alternative routes are available, and the extent and duration is limited. Council officers recommend that this application be approved.
7.9 If approved, a minimum of 24 hours’ notice will be provided to affected businesses and residences.
7.10 In the event that this event gets cancelled due to, for example COVID-19 restrictions, the closures will not proceed, and this will be publicly notified.
8. New Years Eve Event and Road Closures 2023
8.1 Council officers received an application on 5 October 2022 from Nelson City Council Transport Team to close the below roads from 5.00 am Saturday 31 December 2022 to 6.00 am Sunday 1 January 2023 as shown in Attachment 9.
8.2 The New Years Eve Event is an annual event for the Nelson public to get together and celebrate the new year. The New Year’s Eve Road Closures are made to keep the public safe on New Year’s Eve. People often spill out onto the roads and having the roads closed makes it safer for the community. The road closures are no different to any other year.
· Trafalgar Square – between Church Street and Trafalgar Square East, including the Church Steps
· Bridge Street between Trafalgar Street – Collingwood Street
· Hardy Street between Church Street – Collingwood Street, including Hope Street and Morrison Street Intersections
· Trafalgar Street between Bridge Street – Hardy Street
· Park Street
· Alma Street
· Buxton Carpark
8.3 As per clause 11(e) of schedule 10 of the Local Government Act 1974, this proposed road closure will not exceed the aggregate of 31 days for any year.
8.4 Consultation with Waka Kotahi has not been undertaken due to this event not having any impact on the State Highway or its detour routes.
8.5 Consultation with the Police has been undertaken and they have given their approval for this event.
8.6 As per clause 11A of schedule 10 of the Local Government Act 1974, Council placed a notification in Our Nelson on 2 November 2022 to notify of the applicant’s intention to close these roads and inviting feedback by 16 November 2022. The advertisement was also placed on the Council website, an email notification was undertaken, and a hand delivered letter drop by the applicant to directly affected businesses/residents was carried out (Attachment 10). Subject to consideration of any public feedback that is received, officers recommend that this application be approved.
8.7 No noise consent is required for this event and evidence of public liability insurance has been provided.
8.8 Council officers are satisfied that the road closure will not unreasonably impede traffic because alternative routes are available, and the extent and duration is limited. Council officers recommend that this application be approved.
8.9 If approved, a minimum of 24 hours’ notice will be provided to affected businesses and residences.
8.10 In the event that this event gets cancelled due to, for example COVID-19 restrictions, the closures will not proceed, and this will be publicly notified.
9. Santa Parade
9.1 Council officers received an application on 20 October 2022 from Asphalt & General to close the below roads on Saturday 4 December 2022 from 10.00 am to 3.00 pm as shown in Attachment 11.
9.2 The Santa Parade is a street event for people of all ages to celebrate Santa Claus and Christmas.
· Hardy Street – between Rutherford Street and Morrison Street
· Trafalgar Street – between Hardy Street to Grove Street and Hathaway Terrace including Trafalgar Park Lane and Trafalgar Carpark
· Montgomery Square
· Bridge Street – at the intersection with Trafalgar Street
· Halifax Street - at the intersection with Trafalgar Street
9.3 As per clause 11(e) of schedule 10 of the Local Government Act 1974, this proposed road closure will not exceed the aggregate of 31 days for any year.
9.4 Consultation with Waka Kotahi has not been undertaken due to this event not having any impact on the State Highway or its detour routes.
9.5 Consultation with the Police has been undertaken and they have given their approval for this event.
9.6 As per clause 11A of schedule 10 of the Local Government Act 1974, Council placed a notification in Our Nelson on 2 November 2022 to notify of the applicant’s intention to close these roads and inviting feedback by 16 November 2022. The advertisement was also placed on the Council website, an email notification was undertaken, and a hand delivered letter drop by the applicant to directly affected businesses/residents was carried out (Attachment 12). Subject to consideration of any public feedback that is received, officers recommend that this application be approved.
9.7 No noise consent is required for this event and evidence of public liability insurance has been provided.
9.8 Council officers are satisfied that the road closure will not unreasonably impede traffic because alternative routes are available, and the extent and duration is limited. Council officers recommend that this application be approved.
9.9 If approved, a minimum of 24 hours’ notice will be provided to affected businesses and residences.
9.10 In the event that this event gets cancelled due to, for example COVID-19 restrictions, the closures will not proceed, and this will be publicly notified.
10. Options
10.1 Council has two options, either to approve or decline the temporary road closure applications. Officers recommend approving the temporary road closure for this event.
Author: Gillian Dancey, Contracts Supervisor - Roading
Attachments
Attachment 1: 340448201-4324 - MAP - Buskers Festival 2023 ⇩
Attachment 2: 1355221503-1539 - Road Closure - Letter Drop - Buskers Festival 2023 ⇩
Attachment 3: 340448201-4355 - MAP - Bay Dreams South 2023 & UB40 ⇩
Attachment 4: 1355221503-5122 - Road Closure - Letter Drop - Bay Dreams South 2023 & UB40 ⇩
Attachment 5: 340448201-4350 - MAP - Sanitarium Weet-Bix Kids TRYathlon ⇩
Attachment 6: 1355221503-656 - Road Closure - Letter Drop - Sanitarium Weet-bix Kids TRYathlon ⇩
Attachment 7: 340448201-4380 - MAP - Christmas Carols ⇩
Attachment 8: 1355221503-5161 - Road Closure - Letter Drop - Nelson Christmas Carols ⇩
Attachment 9: 340448201-4379 - MAP - New Years Safety and Event Road Closures ⇩
Attachment 10: 1355221503-5338 - Road Closure - Letter Drop - New Years Eve Event and Road Closures 2023 ⇩
Attachment 11: 340448201-4426 - MAP - Santa Parade 2022 ⇩
Attachment 12: 1355221503-5369 - Road Closure - Letter Drop - Santa Parade 2022 ⇩
Important considerations for decision making |
Fit with Purpose of Local Government The following are applicable: · The Local Government Act 1974, Schedule 10, Temporary Prohibition of Traffic. · The Local Government Act 2002, Clause 78, Community Views in Relation to Decisions. This temporary road closure fits with the purpose of local government. |
Consistency with Community Outcomes and Council Policy These events contribute to our community outcomes by assisting our community to celebrate their identity and community. |
Risk If the temporary road closure is not approved, the event is at risk of not going ahead. |
Financial impact There is no financial impact for Council for these road closures. |
Degree of significance and level of engagement This matter is of medium significance because of the number of people affected and the short duration of the events. A request for feedback was advertised in Our Nelson and on the Council’s website. |
Climate Impact This decision will have no impact on the ability of the Council or District to proactively respond to the impacts of climate change now or in the future. |
Inclusion of Māori in the decision-making process No engagement with Māori has been undertaken in preparing this report. |
Delegations This matter is for Council |
Item 9: Road Closures for Buskers Festival 2023, Bay Dreams South 2023 & UB40, Sanitarium Weet-Bix Kids TRYathlon, Christmas Carols, New Years Eve Event and the Santa Parade: Attachment 1
Item 9: Road Closures for Buskers Festival 2023, Bay Dreams South 2023 & UB40, Sanitarium Weet-Bix Kids TRYathlon, Christmas Carols, New Years Eve Event and the Santa Parade: Attachment 2
Item 9: Road Closures for Buskers Festival 2023, Bay Dreams South 2023 & UB40, Sanitarium Weet-Bix Kids TRYathlon, Christmas Carols, New Years Eve Event and the Santa Parade: Attachment 4
Item 9: Road Closures for Buskers Festival 2023, Bay Dreams South 2023 & UB40, Sanitarium Weet-Bix Kids TRYathlon, Christmas Carols, New Years Eve Event and the Santa Parade: Attachment 6
Item 9: Road Closures for Buskers Festival 2023, Bay Dreams South 2023 & UB40, Sanitarium Weet-Bix Kids TRYathlon, Christmas Carols, New Years Eve Event and the Santa Parade: Attachment 8
Item 9: Road Closures for Buskers Festival 2023, Bay Dreams South 2023 & UB40, Sanitarium Weet-Bix Kids TRYathlon, Christmas Carols, New Years Eve Event and the Santa Parade: Attachment 10
Item 9: Road Closures for Buskers Festival 2023, Bay Dreams South 2023 & UB40, Sanitarium Weet-Bix Kids TRYathlon, Christmas Carols, New Years Eve Event and the Santa Parade: Attachment 12
Item 10: Temporary Liquor Ban Tahunanui Reserve
Council 24 November 2022 |
REPORT R27337
Temporary Liquor Ban Tahunanui Reserve
1. Purpose of Report
1.1 To prohibit the consumption and possession of alcohol at Tahunanui Reserve, excluding a licensed area, over the period for which the Beach Break event takes place on 5 February 2023.
2. Summary
2.1 The Amended (No 225) Urban Environments Bylaw 2022 prohibits the consumption and possession of alcohol in public places and includes the following areas:
· The Lions Playground – Tahunanui Reserve 24/7
· Tahunanui Reserve from 9:00pm to 7.00am on the following day.
2.2 Police have requested that the prohibition for the consumption and possession of alcohol at Tahunanui Reserve be temporarily extended to cover the day of the Beach Break event. The timing of the temporary ban at Tahunanui Reserve would cover the period from 07:00am to 09:00pm on 5 February 2023.
2.3 The Beach Break event will be located in a fenced area near the tennis courts on Tahunanui Reserve. The event will run from 2pm until 10pm on 5 February.
1. Receives the report December Meeting - Temporary Liquor Ban Tahunanui Reserve (R27334); and 2. Agrees to impose a temporary ban on the consumption and possession of alcohol at Tahunanui Reserve on 5 February 2023 between the hours of 7:00am and 9:00pm, pursuant to clause 6.15 of the Amended (No 225) Urban Environments Bylaw 2022. |
4. Background
4.1 Beach Break is a new one day all ages family concert looking to attract 5,000 to 6,000 people at Tahunanui Reserve. The organiser Bench Music Limited is seeking to establish Beach Break as an annual event.
4.2 The organiser has held stakeholder meetings to discuss the event. Key stakeholders who attended the meeting included Police, Fire and Emergency NZ (FENZ), Te Whatu Ora Health New Zealand Nelson Marlborough and Nelson City Council Staff.
4.3 Police have requested a Temporary Liquor Ban on Tahunanui Reserve and surrounding carparks to be in place for the duration of the Beach Break event on 5 February 2023.
4.4 There will be a licensed bar area for those aged 18 and over, located within a fenced event area near the tennis courts on Tahunanui Reserve. Children will not be permitted in the licenced area.
5. Discussion
5.1 The requested prohibition would give police powers of search, seize and arrest over the day and time of the event.
5.2 Clause 6.15 of the Urban Environments Bylaw 2015 allows Council to prohibit the consumption of alcohol in the specified public place during that period or periods, the bringing of alcohol into the specified public place during that period or periods, and the possession of alcohol in the specified public place during that period or periods, where the Council considers it appropriate for the safe and effectual holding in any public place or part of a public place of any public event, function or gathering.
5.3 An application will be made to license a fenced event area of Tahunanui Reserve where the music event will be taking place for possession and consumption of alcohol under the Sale of Alcohol Act 2012.
5.4 It is considered appropriate to grant the request by the police, particularly given that a specific area of Tahunanui Reserve will be licensed for alcohol consumption over this time.
5.5 There are no other events currently planned at Tahunanui Reserve that would be affected by the prohibition.
6. Options
6.1 The recommended approach is option 2 – to impose an alcohol prohibition at Tahunanui Reserve from 7am to 9pm on 5 February 2023.
Option 1: Do not issue Temporary Liquor Ban |
|
Advantages |
· In accordance with current practice. |
Risks and Disadvantages |
· Lack of legislative tools sufficient to deal with potential alcohol related disorder. |
Option 2: Alcohol prohibition at Tahunanui Reserve from 7am to 9pm 5 February 2023. |
|
Advantages |
· Will allow Police to respond to alcohol related disorder at any time of the day. · Will align with liquor licence by directing drinking to a designated area. |
Risks and Disadvantages |
· None |
7. Next Steps
7.1 If Council agrees with the recommendation, Council will publicly notify a resolution to this effect no less than 14 days before the event.
Author: Stu Dalton, Project Manager Major Events
Attachments
Attachment 1: 383640017-12560 Tahunanui Recreation Reserve Alcohol Ban Area ⇩
Attachment 2: 383640017-12561 Beach Break proposed map ⇩
Important considerations for decision making |
Fit with Purpose of Local Government The decision facilitates the delivery of an event that supports the economic prosperity and creative identity of the city with a view to that event becoming an annual event. |
Consistency with Community Outcomes and Council Policy Our communities have opportunities to celebrate and explore their heritage and identity. Our communities have access to a range of social, educational, and recreational facilities and activities. |
Risk Low risk of nuisance, disorder, damage to Council facilities and private property is reduced. Low reputational risk to Council if nuisance, disorder, or damage occurs. The risks of nuisance, disorder and damage are being managed through consents, licences, agreements with the organiser, detailed event management plans, cooperation with Police and emergency services and monitoring by Council staff. |
Financial impact None. |
Degree of significance and level of engagement This matter is of low significance as its unlikely to affect leaseholders and users of Tahunanui Reserve and ratepayers/residents who live close by. |
Climate Impact None. |
Inclusion of Māori in the decision making process No engagement with Māori has been undertaken in preparing this report. |
Delegations This is a matter for Council. |