Minutes of a meeting of the

Nelson City Council

Te Kaunihera o Whakatū

Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson on Thursday 24 November 2022, commencing at 9.01a.m.

 

Present:             His Worship the Mayor Hon Dr N Smith (Chairperson), Councillors M Anderson, M Benge, T Brand, M Courtney, J Hodgson, R O'Neill-Stevens (Deputy Mayor), P Rainey, K Paki Paki, C Rollo, R Sanson, T Skinner and A Stallard

In Attendance:    Chief Executive (P Dougherty), Group Manager Infrastructure (A Louverdis), Group Manager Environmental Management (D Bush-King), 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 Senior Governance Adviser (M Macfarlane)

Apology:             Nil

 

Karakia and Mihi Timatanga

1.       Apologies

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.

5.       Mayor's Report

Document number R27347, agenda pages 9 - 11 refer.

His Worship the Mayor Smith presented his report noting the appoint of a new Chief Executive is an important decision and set out the likely timelines for the appointment process.

He answered questions on the change in delegation for the Chief Executive Employment Committee to include the committee having the power to decide noting this allows the committee to move at pace, establishment of the interview panel, potential for iwi representation, and the committee membership.

In response to input from members, His Worship the Mayor Smith proposed an additional resolution to amend the Terms of Reference for all Elected Members to be consulted on the Interview Panel composition.

Resolved CL/2022/262

 

That the Council

1.    Receives the report Mayor's Report (R27347) and its attachment (1974015928-882); and

2.       Amends the proposed Terms of Reference for the Chief Executive Employment Committee adding the words to 1.1.2 “Approving the Chief Executive interview panel following consultation with all Elected Members on the interview panel (by email or informal meeting)”.

3.       Adopts the Delegations and Terms of Reference for the Chief Executive Employment Committee (1974015928-882); and

His Worship the Mayor/Rainey                                                    Carried

6.       Approval of the Annual Plan 2023/24 Taskforce Terms of Reference

Document number R27348, agenda pages 12 - 16 refer.

His Worship the Mayor Smith noted the Annual Plan was one of the most challenging and difficult pieces of work for Council and noted the additional pressures caused by increased interest rates. The Annual Plan work would feed into the rates decision on 1 July 2023. 

Group Manager Strategy & Communications, Nicky McDonald, took the report as read, noting updated Terms of Reference (tabled 839498445-13383) for the taskforce with an amended purpose and role.

 

Resolved CL/2022/263

 

That the Council

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).

Courtney/Paki Paki                                                                    Carried

Attachments

1    839498445-13383 Annual Plan 2023-24 Taskforce - Terms of Reference

7.       Annual Report 2021/22

Document number R27343, agenda pages 17 - 25 refer.

Group Manager Strategy & Communications, Nicky McDonald, tabled the Independent Auditor’s Report, Financial Updates and the updated Annual Report (1986768459-2723, 1986768459-2720 & 839498445-13184)

Audit Director, John Mackey, advised the tabled Independent Auditor’s Report was a unqualified audit report and noted the potential impacts of the 3 Waters reform on Council assets worth hundreds of millions of dollars, the need for the periodic revaluation of the land under Council’s infrastructure assets, the variation in accounting practices for Council’s investments in subsidiaries and associates, the way Greenhouse Gas emissions were accounted for and the change in drinking standards process.

Mr Mackey, Ms McDonald and Group Manager Corporate Services, Nikki Harrison, answered questions on the process and frequency of  infrastructure assets land revaluations, when and how performance measures are set, challenges for 2022/23 year in the audit space, monitoring and reporting on climate change and the potential use of the rates surplus of $1.5 million as part of the annual plan.

Resolved CL/2022/264

 

That the Council

1.    Receives the report Annual Report 2021/22 (R27288) and its attachment (839498445-13184); and

2.    Adopts the updated 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.

Courtney/O'Neill-Stevens                                                           Carried

Attachments

1    1986768459-2723 Independent Auditor's Report

2    1986768459-2720 Annual Report Updates

3    839498445-13184 Annual Report 2021-22

 

The meeting was adjourned from 9.58a.m. until 10.06a.m.

8.       Elma Turner Library Seismic Strengthening Additional Capital Funding Request

Document number R27255, agenda pages 26 - 35 refer.

Project Manager, Lucy Clarke, provided a precis of the report noting it was seeking unbudgeted capital of $1.4 million for the strengthening of the library. Ms Clarke answered questions on the likelihood of being able to deliver the project in budget and if further funds would be requested, the reopening timeframes and the phasing schedule.

Manager Libraries, Sarina Barron, answered a question on the impacts of phasing on library staff’s ability to deliver services.

Resolved CL/2022/265

 

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. 

Skinner/Hodgson                                                                      Carried

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

Document number R27286, agenda pages 36 - 64 refer.

Team Leader Transport Operations, Matt Bruce, introduced the report and provided a brief overview of the road closure process and noting  there are three classifications of closure - emergency, maintenance and event. These closures are related to events.

Contracts Supervisor – Roading, Gillian Dancey, noted no changes or updates to the report. In response to feedback from the community the Santa Parade closure had been amended.

Resolved CL/2022/266

 

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.

Sanson/O'Neill-Stevens                                                             Carried

10.     Temporary Liquor Ban Tahunanui Reserve

Document number R27337, agenda pages 65 - 70 refer.

Team Leader Events, Axel de Maupeou, introduced Project Manager Major Events, Stu Dalton. Mr Dalton took the report as read.

Resolved CL/2022/267

 

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.

Sanson/Rollo                                                                            Carried

 

11.     Exclusion of the Public

Resolved CL/2022/268

 

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:

Skinner/O'Neill-Stevens                                                             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

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

The meeting went into confidential session at 10.42a.m. and resumed in public session at 12.21p.m.

Karakia Whakamutanga

 

12.     Restatements

It was resolved while the public was excluded:

 

2

Reappointment of Trustees to the City of Nelson Civic Trust

 

3.       Agrees that the decision only be made publicly available  once the trustees have been advised, and that the decision will then be made available at

http://www.nelson.govt.nz/council/council-structure/council-organisations-2/city-of-nelson-civic-trust/civic-trust-trustees/.

 

3

Mayors Report - Interim Chief Executive appointment

 

6.     Agrees that the Report (R27341) and its attachment  remain confidential at this time.

There being no further business the meeting ended at 12.21p.m.

Confirmed as a correct record of proceedings by resolution on 15 December 2022.

 

 

That the Council

1.    Confirms the minutes of the meeting of the Council, held on 24 November 2022, as a true and correct record.