Minutes of a meeting of the Nelson City Council

Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson

On Thursday 13 August 2020, commencing at 9.05a.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 (R Ball), Group Manager Corporate Services (N Harrison), Group Manager Strategy and Communications (N McDonald), Team Leader Governance (R Byrne) and Governance Support (K McLean)

Apologies :          Nil

 

Karakia Timatanga

Kaihautu Pania Lee gave the opening karakia.

1.       Apologies

There were no apologies

2.       Confirmation of Order of Business

Her Worship the Mayor Reese advised she would vacate the Chair at 9.30a.m. to attend a Civil Defence Emergency Management (CDEM) briefing.

 

3.       Interests

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

4.       Public Forum

4.1      Save the Maitai Campaign - proposed re-zoning of Kaka Valley to allow a residential subdivision

           As the public could only attend meetings via Zoom during COVID Level 2 the speakers,  Annette Milligan and Peter Taylor, requested that their Public Forum be moved to the next Council meeting that the  public could attend in person.

4.2      Hospitality New Zealand - Airbnb's  - moved out

           As the public could only attend meetings via Zoom during COVID Level 2 the speaker,  Stacie Warren, requested that her Public Forum be moved to the next Council meeting that the public could attend in person.

4.3      Dr Aaron Stallard and Jenny Easton– Maitai Precinct

Dr Stallard , via Zoom, also spoke on behalf of Jenny Easton.  He said they were calling for Council to reconsider the proposal to build Civic House in an area that they considered had an unacceptable risk to flooding in the context of climate change. Dr Stallard’s provided speaking notes  (A2440992) and a Maitai river flood hazard map which outlined flooding in 2021 (A2440996), which are attached. 

Her Worship the Mayor advised that the Chief Executive had discussed the updated flood model with Jenny Easton, and offered to arrange for Dr Stallard to have this opportunity if he wished.

 

Attachments

1    A2440992 NCC Meeting 13 August 2020 - StallardEaston

2    A2440996 - Maitai flood mapping 2100

           The meeting adjourned at 9.25a.m. at which time Her Worship the Mayor Reese vacated the Chair to Deputy Mayor Judene Edgar.

The meeting reconvened at 9.26a.m.

5.       Confirmation of Minutes

5.1      25 June 2020

Document number M10966, agenda pages 11 - 27 refer.

A minor amendment was indicated in the Mayor’s Report. 

 

Resolved CL/2020/109

 

That the Council

1.    Confirms  the amended minutes of the meeting of the Council, held on 25 June 2020, as a true and correct record.

Lawrey/Sanson                                                                             Carried

5.2      30 June 2020

Document number M11978, agenda pages 28 - 43 refer.

A spelling mistake was indicated in the resolution for Item 9: Funding Request: Businesses for Climate Action.

Resolved CL/2020/110

 

That the Council

1.    Confirms the amended minutes of the meeting of the Council, held on 30 June 2020, as a true and correct record.

Courtney/Lawrey                                                                          Carried

5.3      9 July 2020 - Extraordinary Meeting

Document number M11997, agenda pages 44 - 63 refer.

Resolved CL/2020/111

 

That the Council

1.    Confirms the minutes of the extraordinary meeting of the Council, held on 9 July 2020, as a true and correct record.

McGurk/Fulton                                                                              Carried

    

6.       Recommendations from Committees

6.1     Community Services Committee - 30 July 2020

6.1.1   Stoke Memorial Hall Strengthening

Resolved CL/2020/112

 

That the Council

1.    Approves the total allocation of $1.2M in 2020/21 in capital expenditure for seismic strengthening the Stoke Memorial Hall to 67% of the New Building Standard (Importance Level 3), with the project to commence in 2020/21, subject to the success of the Provincial Growth Fund application, as set out in the table below;

Capex

Comment

2020/21

$120,000

Existing

$458,000

Brought forward from 2024/25

$500,000

Potential Provincial Growth Fund (to be confirmed)

$120,000

Unbudgeted funding

$1.2M

Total 2020/21

and

2.    Agrees that, if the Provincial Growth Fund application for strengthening the Stoke Memorial Hall is unsuccessful, Council will still proceed with the design work for the project, with physical works timing to be confirmed in the Long Term Plan 2021-31.

 

Lawrey/Bowater                                                                             Carried

 

7.       Dedication of Local Purpose (Road) Reserve as Legal Road  - Ngati Rarua St (Agenda Item 11)

Document number R15924, agenda pages 185 - 192 refer.

Group Manager Infrastructure, Alec Louverdis, introduced Team Leader Capital Projects, Jasper Snyder, who presented the report.  Mr Snyder answered questions on use of macrons for Māori names, using ‘Ara’ instead of Street and how this worked in search engines.  Mr Louverdis noted this would be followed up with the Manager, Technology and Customer Experience.

 

 

 

Resolved CL/2020/113

 

That the Council

1.    Receives this report Dedication of Local Purpose (Road) Reserve as Legal Road  - Ngati Rarua Street (R15924) and its attachments (A2412824 and A2422463); and

2.    Resolves to dedicate the Local Purpose Reserve (Road) at Lot 26 DP 487679 (RT 698929), Ngati Rarua Street, Nelson as legal road pursuant to Section 111 of the Reserves Act 1977.

McGurk/Fulton                                                                              Carried

 

The meeting adjourned at 9.43a.m. and reconvened at 9.49a.m., at which time Her Worship the Mayor Reese assumed the Chair.

8.       Mayor's Report

Document number R18196, agenda pages 64 - 110 refer.

Her Worship the Mayor Reese presented her report and tabled a summary report on the allocation of the emergency fund (A2439373)

Mayor Reese updated Council on COVID-19 information, with day two of Auckland in Level 3 and the rest of New Zealand in Level 2. She advised that data was being compiled as quickly as possible to understand  the level of impact of infection in the community.  She confirmed that there was no evidence of COVID-19 in Nelson and reminded people to adhere to Level 2 restrictions.

Chief Executive, Pat Dougherty, provided an updated on the steps put in place and the approach to Level 2.  He discussed fatigue in the organisation, the expanded capital budget programme,  and additional Government funding and signalled that staff would not be able to maintain business as usual if Nelson moved up the COVID levels.

Mayor Reese explained the process for voting at the Local Government New Zealand AGM and advised that she also held the Tasman District Council proxy. Council provided guidance on voting for the LGNZ Rule Change, with possible amendment, and Remits. 

It was agreed that the rule change for the President’s term of office would not be supported, but an amendment may be foreshadowed. 

           Remits for consideration were:

1. Public transport support was supported

2. Housing affordability was supported

3. Returning GST on rates for councils to spend on infrastructure was supported

4. Natural hazards and climate change adaptation was supported 

5. Annual regional balance transfers was not supported

6. Local government electoral cycle was supported

7. Water bottling was supported

8. Quorum when attending local authority meetings was supported but a judgement call on the day.

9. Use of macrons for local authorities was supported

10. Rates rebate for low income property owners was supported

11. Local Government’s CO2 emissions was supported

Resolved CL/2020/114

 

That the Council

1.        Receives the report Mayor's Report (R18196) and its attachment (A2430907); and

2.    Provides guidance to the Mayor on Councillors support for the proposed change to Local Government New Zealand Constitution rule F15 to limit the President’s term of office to two terms.

3.    Provides guidance to the Mayor on Councillors support for the proposed remits to the Local Government New Zealand Annual General Meeting 2020, as discussed; and

4.        Receives the tabled Summary report - Allocation of the Emergency Fund August 2020 (A2439373)

Her Worship the Mayor/Edgar                                                        Carried

 

Attachments

1    A2439373 Summary report - Allocation of the Emergency Fund August 2020.pdf

 

 

9.       Three Waters Programme Investment Package

Document number R19214, agenda pages 124 - 174 refer.

Chief Executive, Pat Dougherty, presented the report and noted that the Memorandum of Understanding (MOU) would need to be signed by the end of August and Council would need to enter into a funding agreement by the end of September. He answered questions on Elected Members’ input into the delivery plan and good faith discussions on what the reform would look like.

Attendance: Councillor Brand left the meeting from 11.15a.m. to 11.51a.m.

Attendance: Councillor Fulton left the meeting from 11.50a.m. to 11.57a.m.

Group Manager Infrastructure, Alec Louverdis, answered questions on the availability of contractors to deliver on competing projects and timeframes and advised he had regular discussions with the Contractors Federation about future capacity. 

Councillor O’Neill-Stevens, seconded by Councillor Sanson, moved and amended the officer recommendation adding that that the draft Delivery Plan be circulated to Elected Members before sign off and the Mayor, the Chair of the Infrastructure Committee and the Chief Executive be delegated to sign this off.

Resolved CL/2020/115

 

That the Council

1.        Receives the report Three Waters Programme Investment Package (R19214) and its attachments (A2436659, A2436658, A2436660, A2436656 and A2436662); and

2.        Authorises the Mayor and Chief Executive sign the Memorandum of Understanding at Attachment One (A2436659) and Funding Agreement at Attachment Two (A2436658); and

3.        Agrees to nominate the Mayor and Chief Executive as the primary point of communication for the purposes of the Memorandum of Understanding and reform programme – as referred to on page 6 of the Memorandum of Understanding (A2436659); and

4.        Agrees to delegate decisions about the allocation of regional funding to the Mayor, Chair of Infrastructure and the Chief Executive, with the understanding that the minimum level of funding to the Council be based upon the formula used to calculate the direct council allocations, and noting that participation by two-thirds of territorial authorities within the Nelson, Tasman, and Marlborough region is required to access the regional allocation; and

5.        Notes that the Memorandum of Understanding and Funding Agreement cannot be amended or modified by either party, and doing so would void these documents; and

6.        Notes that participation in this initial stage is to be undertaken in good faith, but this is a non-binding approach, and the Council can opt out of the reform process at the end of the term of the agreement (as provided for on page 5 of the Memorandum of Understanding); and

7.        Notes that the Council has been allocated $2.86 million of funding, which will be received as a grant as soon as practicable once the signed Memorandum of Understanding and Funding Agreement are returned to the Department of Internal Affairs, and a Delivery Plan has been supplied and approved (as described on page 5 of the Memorandum of Understanding).  An additional $2.86 million will also be allocated to Nelson out of the Regional allocation if this is split in the way recommended by the Steering Committee; and

8.        Notes that the draft Delivery Plan will be circulated to councillors for feedback prior to sign-off.  

9.        Agrees to delegate sign-off for the delivery plan to the Mayor, Chair of Infrastructure and the Chief Executive; and

10.    Notes that the Delivery Plan must show that the funding is to be applied to operating and/or capital expenditure relating to three waters infrastructure and service delivery, and which:

·      supports economic recovery through job creation; and

·      maintains, increases, and/or accelerates investment in core water infrastructure renewal and maintenance.

O'Neill-Stevens/Sanson                                                                 Carried

 

The meeting adjourned at 12.20p.m., at which time Councillor Courtney left, and reconvened at 1.10p.m.

10.     Council Emission Reduction Targets (Agenda Item 8)

Document number R17034, agenda pages 111 - 123 refer.

Climate Change Champion, Chris  Cameron, presented his report and advised that following discussion with Councillors Sanson and O’Neill-Stevens around interim targets and alignment with government, had provided agreed amended recommendations.  The amended recommendation was provided to Elected Members.

Chief Executive, Pat Dougherty, advised that Climate Change was being included in Activity Management Plans, the Climate Change Framework was additional work, but manageable.  

Mr Cameron answered questions on funding,  delivery targets, working jointly with Tasman District Council,  the foodwaste trial and long term funding in the Long Term Plan.  He advised members that he was in the process of looking  at how to report on embedded carbon in business case development.

Resolved CL/2020/116

 

That the Council

1.      Receives the report Council Emission Reduction Targets (R17034); and

2.      Commits to adopting the five-year emissions reductions budgets to be confirmed by government in 2021 as a way of ensuring Council takes early and substantive action towards achieving carbon neutral status with measurable positive changes by 2025;

 

3.    Agrees that Nelson City Council adopts the Government targets for Council’s own greenhouse gas emissions reductions (i.e., net zero emissions of all GHGs other than biogenic methane by 2050, and a 24 to 47 per cent reduction below 2017 biogenic methane emissions by 2050, including 10 per cent reduction below 2017 biogenic methane emissions by 2030); and

4.      Agrees that work is undertaken to develop specific emission reduction projects for inclusion in the Long Term Plan 2021-31, along with development of a comprehensive Council “Emissions Reduction Action Plan” in line with timeframes to produce the upcoming Long Term Plan; and

5.      Notes that a strategic framework, to bring together and provide high level guidance to all of the key elements of climate change work underway in Council, will be considered and scheduled through the development of the Long Term Plan 2021-31; and

6.      Notes that work to set targets and reduce emissions in the Nelson Tasman Regional Landfill Business Unit is critical to address Council’s entire emissions profile and that substantial work is already underway in the Nelson Tasman Regional Landfill Business Unit to measure and reduce emissions; and

 

7.    Notes that the development of community emissions targets and actions will be undertaken as a separate piece of work, aligned with the strategic framework and the work currently being undertaken by  the Nelson Tasman Climate Forum; and

 

8.    Advocates to central government for an appropriate legislative and regulatory framework to support the local government sector to achieve carbon zero status.

O'Neill-Stevens/Fulton                                                                   Carried

 

11.     Electoral System - Review

Document number R18153, agenda pages 175 - 184 refer.

Manager Governance and Support Services, Mary Birch presented the report and answered questions on councils moving to Single Transferrable Vote (STV) or remaining with First Past the Post (FPP),  the District Health Board appointments review, voter error and agreed that diversity was a common rationale for choosing STV.  

Resolved CL/2020/117

 

That the Council

1.    Receives the report Electoral System - Review (R18153); and

2.    Decides to change to the Single Transferable Vote electoral system; and

3.    Notes that Council will give public notice by 19 September 2020 of the right for Nelson Council electors to petition for a poll on a change to the electoral system.

The motion was put and a division was called:

For

Her Worship the Mayor Reese (Chairperson)

Cr Brand

Cr Edgar

Cr Fulton

Cr Lawrey

Cr O'Neill-Stevens

Cr McGurk

Cr Noonan

Cr Rainey

Cr Sanson

Against

Cr Bowater

Cr Skinner

Absent

Cr Courtney

The motion was carried 10 - 2.

Her Worship the Mayor/Edgar                                                        Carried

 

Extension of Meeting Time

Resolved CL/2020/118

 

That the Council

1.        Extends the meeting time beyond six hours, pursuant to Standing Order 4.2.

Edgar/Bowater                                                                              Carried

 

12.     Exclusion of the Public

Resolved CL/2020/119

 

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/Her Worship the Mayor                                                        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

Council Meeting - Confidential Minutes -  25 June 2020

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

·   Section 7(2)(i)

     To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

2

Recommendations from Committees

Sports and Recreation Committee  -

6 August 2020

Urgent Funding Request – Tasman Rugby Union

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)(b)(ii)

     To protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information

3

Mayor's Report - Nominations for Local Government New Zealand President and Vice-President

 

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

4

Council Status Report - Confidential

 

Section 48(1)(a)

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

The withholding of the information is necessary:

·   Section 7(2)(g)

     To maintain legal professional privilege

·   Section 7(2)(i)

     To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

 

The meeting went into confidential session at 3.00p.m. and resumed in public session at 3.25p.m. to move a motion to allow Chris Ward, of Policyworks, to be in attendance for Item 5 of the Confidential agenda to answer questions and, accordingly, the following resolution was required to be passed:

 

 

Resolved CL/2020/120

 

That the Council

1.        Confirms, in accordance with sections 48(5) and 48(6) of the Local Government Official Information and Meetings Act 1987, that Chris Ward of Policyworks remain after the public has been excluded, for Item 5: Civic House Options of the Confidential agenda as he has knowledge relating to the Civic House that will assist the meeting.

Noonan/Edgar                                                                              Carried

Exclusion of the Public

Resolved CL/2020/121

 

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.

Her Worship the Mayor/Bowater                                                    Carried

5

Civic House Options

 

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)

The meeting went into confidential session at 3.26p.m. and resumed in public session at 5.13p.m.

 

Restatements

 

It was resolved while the public was excluded:

 

Recommendations from Committees

2

CONFIDENTIAL: Recommendations from Committees –

Recommendation from Sports and Recreation Committee

Urgent Funding Request – Tasman Rugby Union

 

That the Council

1.    Agrees that, if the Tasman Rugby Union is unsuccessful in obtaining funding from other sources, Council will provide the Tasman Rugby Union:

·    a one off subsidy by way of a grant of a total of $8,600 for ground hire charges for Mako games in 2020 funded as unbudgeted expenditure; and

·    if the Mako are successful in reaching the finals, hosted at Trafalgar Park, Council will provide the Tasman Rugby Union with a further one-off subsidy by way of a grant of a total of $2900 for the further Mako ground hire charge in 2020, funded as unbudgeted expenditure; and

2.    Agrees that the decision only be made publicly available

 

4

CONFIDENTIAL: Council Status Report - Confidential

 

1.        Agrees the report R18194 and its attachment A1166633 remain confidential at this time.

 

5

CONFIDENTIAL: Civic House Options

 

That the Council

1.    Receives the report Civic House Options (R18154) and its attachments (A2430651, A2420980, and A2421781); and

2.    Confirms that, subject to final approval through the business case process, Council’s main office will remain in Civic House, at its current location; and

3.    Notes that the preliminary version of the Property and Facilities Asset Management Plan 2021-2031 will include capital funding for the sequential upgrade of staff accommodation, the Council Chamber and councillor amenities in Civic House; and

4.    Agrees that the decision, this report (R18154) and its attachments (A2420980 and A2421781) be released from public excluded with paragraphs 6.34 to 6.41 and attachment A2430651 redacted.

  

There being no further business the meeting ended at 5.13p.m.

 

Confirmed as a correct record of proceedings:

 

 

 

                                                       Chairperson                                     Date