Minutes of Report to Full Council Meeting - 30 00 2020

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MINUTES

of the

FULL COUNCIL MEETING

held

9.30am

^,

Thursday, 30 July 2020

at

Tasman Council Chamber, 189 Queen Street, Richmond and via Zoom Video-conferencing

Present: Mayor T King, Councillors S Bryant, C Butler, B Dowler, M Greening, C Hill, K Maling, C Mackenzie, D McNamara, D Ogilvie, A Turley, T Walker and D Wensley

In Attendance: Chief Executive (J Dowding), Executive Assistant to the Mayor (R Scherer), Community Development Manager (S Edwards), Corporate and Governance Services Manager (M Drummond), Engineering Services Manager (R Kirby) and Environment and Planning Manager (D Bush-King)

Part Attendance: Strategic Policy Manager (S Flood), Activity Planning Manager (D Fletcher), Activity Planning Adviser (H Lane), Team Leader – Water Supply and Wastewater (D Burn), Operational Governance Manager (T Zawodny), Operational Governance Officer (G Power Gordon), Procurement and Risk Adviser (T Bullen), Golden Bay Community Board Member (G Knowles), Nelson Tasman Regional Development Agency, Chief Executive (M Rawson) and Chairperson (M Matthews)

1 OPENING, WELCOME

Mayor King welcomed everyone and opened the meeting with a karakia.

2 APOLOGIES AND LEAVE OF ABSENCE

Moved Cr Wensley/Cr Hill CN20-07-1

That apologies from Councillor T Tuffnell be accepted.

CARRIED

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3 PUBLIC FORUM

Tony Lawton spoke via Zoom on behalf of the Golden Bay Local Board working group. He said that the group was not looking for more funding for the Golden Bay Ward but are seeking a mechanism which will allow the Golden Bay community to have a more in-depth say on local issues. He suggested that the proposal provides significant opportunities for the residents of Golden Bay to improve decision-making and to avoid conflict with the Council.

He noted that members of the Local Government Commission had visited Golden Bay and had listened to the community and to their issues. Mr Lawton also recognised that the local board experience in Auckland may not be feasible for the Golden Bay community. He noted that the proposal suggested that a local board could be the subject of a targeted rate, which he said would be difficult for the community to afford. He urged the Council to work with the Golden Bay Local Board working group for a mutually beneficial solution.

Staff Presentations

The Mayor presented long service pins to Community Development Manager, Susan Edwards and Environment and Planning Manager, Dennis Bush-King for their 10 and 25 years at Tasman District Council respectively. He thanked Ms Edwards and Mr Bush-King for their service to the Tasman community and for their intimate knowledge of local government regulations which enabled them to provide specialist support and advice to both the Council and to Council staff.

4 DECLARATIONS OF INTEREST Nil

5 LATE ITEMS Nil

6 CONFIRMATION OF MINUTES

Moved Cr Greening/Deputy Mayor Bryant CN20-07-2

That the minutes of the Full Council meeting held on Thursday, 13 February 2020, be confirmed as a true and correct record of the meeting.

CARRIED

Moved Cr Maling/Cr Walker CN20-07-3

That the minutes of the Full Council meeting held on Thursday, 20 February 2020, be confirmed as a true and correct record of the meeting.

CARRIED

Moved Cr Maling/Cr Ogilvie CN20-07-4

at the minutes of the Full Council meeting held on Thursday, 19 March 2020, be confirmed as a true and correct record of the meeting.

CARRIED

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Moved Deputy Mayor Bryant/Cr Hill CN20-07-5

That the minutes of the Full Council meeting held on Thursday, 25 June 2020, be confirmed as a true and correct record of the meeting.

CARRIED

7 PRESENTATIONS 7.1 Treasury Update

PWC Partner and Treasury Adviser, Brett Johanson provided a powerpoint presentation updating the Council on the current economic and financial markets situation and the Council’s credit rating with Standard and Poors.

8 REPORTS

8.1 Consultation on Chlorination of Water Supplies

Activity Planning Adviser, Helen Lane and Activity Planning Manager, Dwayne Fletcher introduced the report which was taken as read. Ms Lane noted that the chlorination of water supplies is a significant and potentially controversial decision for the community. She explained that the consultation document provides detail on the the reasons for chlorination and also considers other options to protect water supplies. Ms Lane said that a series of interviews with independent water quality experts focused on the chlorination of water supplies will be available to the community on the Council’s website.

It was agreed that Council staff should ensure that youth are fully engaged on this very important and controversial topic.

It was suggested that the quote “that chlorine is safe”, as discussed in the consultation document should be clarified and referenced so that people can fully understand what the statement means. It was also recommended that advertising the consultation process with community organisations was a good way of getting information to everyone and would strengthen the opportunity for people to have their say.

Responding to a question regarding the levels of service for water supplies, Mr Fletcher outlined the options available to meet those service levels. He said that the most cost-effective solution was to disinfect the water supplies with chlorine. He also noted that the chlorination regime will ensure that the Council’s Water Safety Plans are approved by the Ministry of Health; this is crucial in gaining an “approved” water supply.

It was suggested that the chlorination of water supplies has the potential for unintended

consequences with more people purchasing bottled water and adding to the problem of plastic recycling.

Responding to a question about the cost of chlorinating the water supplies, Mr Fletcher outlined the costs of the current regime including regular water sampling and the introduction of

emergency chlorine dosing when bacterial events occurred. He said that this practice was reasonably expensive and cost the Council several tens of thousands of dollars each year. He noted that while chlorine dosing will incur an ongoing cost, the previously expensive water sampling regime will be minimal.

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Responding to a request, Mr Fletcher agreed that the effect of chlorinated water on septic tanks and aquifers should be outlined in the consultation document.

Mr Fletcher confirmed that the option of chlorination of water supplies can be rescinded in the future, however he cautioned that the new water regulations will likely include mandatory disinfection of water supplies.

The Councillors discussed the cost of public consultation. Engineering Services Manager, Richard Kirby said that because the chlorination of water supplies is a controversial topic, it is likely to attract a considerable number of submissions. This will mean that staff costs to manage submissions for this particular consultation are likely to be higher.

Moved Deputy Mayor Bryant/Cr Wensley CN20-07-6

That the Full Council:

1. receives the Consultation on Chlorination of Water Supplies report RCN20-07-2; and 2. approves the Statement of Proposal Consultation Document (Attachment 1), and the

public notice (Attachment 3) advising of the public consultation using the special consultative procedure outlined in the Local Government Act 2002; and

3. notes that the proposal does not give rise to any implications under the New Zealand Bill of Rights 1990; and

4. agrees the most appropriate method for distribution for public consultation is by:

(i) public notice in Newsline, through local media, and on social media platforms;

and

(ii) making copies of the Statement of Proposal Consultation Document available for viewing on the Council website and in its offices and libraries from 4 August 2020; and

5. delegates authority to the Mayor and Engineering Services Manager to make any amendments to the Statement of Proposal Consultation Document that may be agreed at the meeting and any other minor changes; and

6. appoints a subcommittee consisting of Cr Wensley (Chairperson) and Councillors Butler, Dowler, Tuffnell and Walker to hear and consider submissions on the proposal and make recommendations to Full Council.

CARRIED

Cr McNamara asked that his vote against the resolution be noted in the minutes.

8.2 Waimea Water Ltd - Final Statement of Intent 2020/23

Corporate and Governance Services Manager, Mike Drummond presented the report which was taken as read. He noted that the effects of the COVID-19 lockdown on the dam project will be reported at the next Council briefing from Waimea Water Ltd.

Responding to a question, Mr Drummond assured the Council that all of the CCO’s under the Council’s umbrella operate under a no surprises policy.

Moved Cr Maling/Cr Mackenzie CN20-07-7

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That the Full Council

1. receives the Waimea Water Ltd - Final Statement of Intent 2020/23 report RCN19-06- 01; and

2. notes the delivery of the Waimea Water Ltd Final Statement of Intent 2020/23 as required under the Local Government Act 2002; and

3. agrees to the Waimea Water Ltd Final Statement of Intent 2020/23.

CARRIED

8.3 LGFA - Final Statement of Intent 2020-21 and Outcome of the Special General Meeting June 2020

Mr Drummond presented the report which was taken as read. Mr Drummond noted that at the LGFA special general meeting, members approved the increase in covenants so councils can borrow more funds. He noted that Tasman District Council is not affected by the need to lift covenants.

Moved Cr Ogilvie/Cr Dowler CN20-07-8

1. receives the LGFA - Final Statement of Intent 2020-21 and Outcome of the Special General Meeting June 2020 report RCN20-07-4; and

2. notes the outcome of the Local Government Funding Agency Ltd Special General Meeting 30 June 2020 and the approved changes to the Foundation Policy.

3. notes the delivery of the Local Government Funding Agency Ltd Final Statement of Intent 2020/21 as required under the Local Government Act 2002; and

4. agrees to the Local Government Funding Agency Ltd Statement of Intent 2020/21.

CARRIED

The meeting adjourned at 10:32 am and resumed at 10:48 am

8.4 Nelson Regional Economic Development Agency Funding Request

Strategic Planning Manager, Sharon Flood, Nelson Tasman Regional Development Agency (NRDA), Chairperson, Meg Matthews and Chief Executive, Mark Rawson presented the report which was taken as read. Ms Flood noted that the Agency was asking for funding of $250,000 from the Council to implement project Kōkiri.

In response to a question about the NRDA’s current activities, Mr Rawson spoke about the accelerator programme where they are working closely with between 30-40 companies

providing support to assist them to recover from the COVID-19 pandemic as quickly as possible.

This includes understanding their needs in several key areas; market access, market demand challenges and issues, technology adaption and adoption and the transfer of skills required for new ways of thinking in terms of technology for their business. Mr Rawson noted that many of these companies are keen to develop and collaborate on joint solutions.

Mr Rawson also spoke about the NRDA’s work with both the Ministry of Social Development and the Nelson Marlborough Institute of Technology helping with workforce development.

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He noted that while previously the NRDA had only been able to be reactive, they are now being proactive and have targeted their focus on the advantages of the region; ie “it’s a great place to live” and people can work from anywhere.

Responding to a question about marketing effectiveness, Ms Matthews noted that the local engagement with the “We’ve Got This” programme had exceeded all expectations. She said that the programme is yet to be promoted to the rest of New Zealand.

Cr Ogilvie suggested that the Council’s current funding to NRDA along with the zero rates revenue for this financial year meant that the Council should decline the request. He noted that the NRDA already receives a significant amount of funding from the Council and suggested that Project Kōkiri was part of the NRDA’s normal business.

Cr Wensley said that while she supports the work that the NRDA does, she proposed that the Council delay this discussion until the confidential session of today’s meeting is concluded.

It was suggested that businesses should be stepping up to support the NRDA, not ratepayers from the two councils.

Mr Rawson advised that the NRDA had secured funding of $700,000 from the central government strategic tourism assets fund with $500,000 to support marketing activity and

$200,000 tagged for destination management planning and product development.

Cr Butler spoke of the “trickle down” effect and suggested that visitors come to our region to carry out some form of activity which results in them then spending money on food and beverage.

Mr Rawson spoke about the NRDA’s accelerator programme which is focused on assisting smaller companies. He said that the NRDA has worked with 1200 of these smaller companies providing one-on-one support since the COVID-19 pandemic. This compares with 300

companies who were supported over the whole of last year.

Several Councillors spoke in support of the work done by the NRDA but suggested that the Council could provide a lesser amount than what has been requested by the NRDA. It was also suggested that local businesses should be providing more funding for the NRDA.

Mayor King spoke about the challenges facing the Nelson-Tasman region as a result of COVID- 19. However, he noted that there had been benefits and Project Kōkiri had been a great

example of both councils working with the NRDA and the Chamber of Commerce in a time of crisis on a proposal to gain significant government funding for our region.

Cr Wensley foreshadowed that she would move a motion that if the resolution was lost, the discussion about extra funding for the NRDA should be deferred until after the Council

workshop on 19 August 2020 when the Council will consider its budgets to meet the shortfalls from the zero rates revenue increase.

Cr Ogilvie said that while he did not question the contribution that the NRDA makes, the Council needs to weigh the merits of extra funding with what has been provided by the business

community.

Cr McKenzie suggested that the Council could approve $150,000 funding for the NRDA and then invite them to submit a further funding request for the balance amount after the 19 August 2020 Council workshop. This suggestion was not supported by the Council.

MOVED by Cr Ogilvie, seconded by Cr McNamara:

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1. receives the Nelson Regional Economic Development Agency Funding Request report RCN20-07-5; and

2. declines the request for additional funding of $250,000 for the 2020/2021 year.

The motion was put to the vote and was LOST.

Moved Cr Wensley/Cr Maling CN20-07-9

1. receives the Nelson Regional Economic Development Agency Funding Request report RCN20-07-5; and

2. defers the request for additional funding until after the Council workshop on 19 August 2020.

CARRIED

The meeting adjourned at 12:40 pm and resumed at 1:10 pm.

8.5 Local Roads Speed Limit Review 2020

Technical Officer – Transportation, Megan Bell and Transportation Manager, Jamie McPherson presented the report which was taken as read. There were no questions.

Moved Cr McNamara/Cr Turley CN20-07-10

1. receives the Local Roads Speed Limit Review 2020 RCN20-07-6; and

2. approves the following amendments to Schedule 1 of the Tasman District Council Speed Limits Bylaw 2016, to be implemented from 21 September 2020:

Road Speed

Restriction

Location/Description

Abel Tasman Drive 50 From a point 75 metres south of Selwyn Street to its intersection with Pohara Valley Road

Gibbs Valley Road 60 For its entire length Hoddy Road 40 For its entire length

Wharariki Road 60 From its intersection with Freeman Access to its end

CARRIED

8.6 Amendments to the Regional Land Transport Plan

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Activity Planning Adviser, Drew Bryant presented the report which was taken as read. There were no questions.

Moved Deputy Mayor Bryant/Cr Butler CN20-07-11

1. receives the Amendments to the Regional Land Transport Plan report, RCN20-07- 07; and

2. approves the inclusion of the Richmond Transport Programme Business Case activity ($400,000) in the Regional Land Transport Plan for 2020/2021; and

3. approves the inclusion of the Berryfield Drive Connection activity ($1.9 million) in the Regional Land Transport Plan for 2020/2021.

CARRIED

8.7 Chief Executive's Update and Action Sheet

Chief Executive, Janine Dowding presented the report which was taken as read. She circulated an amendment to the draft resolution.

Responding to a question about the Coastal Engineer staff vacancy, Environment and Planning Manager, Dennis Bush-King advised that the role had not been advertised as yet. However, the Council does have access to coastal engineering experts and some staff can also provide expertise in this area.

Several Councillors commended staff member, Sandra Hartley for her commitment and

dedication to the Electoral Officer role over the past three trienniums. It was agreed that having someone so knowledgeable and who was fair, very balanced and supportive was a credit to the Council.

The Councillors discussed the Council’s draft submission to the Local Government Commission regarding the Golden Bay Local Board proposal. There was concern about the costs of a local board included in the submission, compared with the costs to operate the current Golden Bay Community Board. Mr Drummond said that staff were comfortable with their assumptions that the level of support currently provided is significantly lower than what would be required to support a local board. Ms Dowding noted that the Council had received expert advice on the costs of operating a local board.

Cr Wensley referred to point 6.3.2 in the draft submission. She noted that the option of local boards in other Wards in the District had been discussed with the previous Mayor in 2018.

Community Development Manager, Susan Edwards advised the Council that the information in point 6.3.2 had been included in the representation review report that was presented to the Council in 2018. However, staff agreed that the wording in the submission would be revised to reflect previous discussions about community boards in other areas of the District.

Cr Hill noted that she had attended the briefings presented by the Local Government

Commission in Golden Bay. She said that the proposal had little detail or data to assist people to understand the ramifications of a local board and suggested that some residents think that a local board will result in Golden Bay being independent of Tasman District Council.

The proposal for audio-visual recording of Council, Standing Committee and Community Board meetings was welcomed by the Council and staff agreed that this new way of managing Council

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meetings would be promoted to our residents and ratepayers. It was suggested that these meetings should also be broadcast at our Libraries so that the public can utilise the public forum.

Responding to a question about employee sick leave figures included in the Human Resources section of her report, Ms Dowding noted that the higher sick leave days in recent months had been the result of staff being asked not to come to work if they had any symptoms of illness both prior to and during the COVID-19 pandemic lockdown.

Moved Cr Ogilvie/Cr Wensley CN20-07-12

1. receives the Chief Executive's Update and Action Sheet RCN20-07-8; and

2. agrees to present Tasman District Council’s submission (attachment 2), as revised at this meeting, regarding the Tasman District and local boards Options of a Golden Bay local board to the Local Government Commission; and

3. notes the audio-visual protocols for Council and Community Board meetings as outlined in attachment 3; and

4. appoints Trudi Zawodny as Council’s Electoral Officer; and

5. notes its appreciation to Sandra Hartley for her many years of service in the Electoral Officer and Deputy Electoral Officer roles and to Anna Gerraty for her service in the role of Deputy Electoral Officer; and

6. notes the Council Action Sheet.

CARRIED

8.8 Mayor's Activity Update Report

Mayor King presented the Mayor’s update report which was taken as read. He noted that there is a significant degree of positivity in the community post-COVID but this is tempered with some nervousness about the future economic outlook.

He spoke of his frustration with the delays in announcing the government’s funding for shovel ready projects. However, he noted the Council’s appreciation of funding received for the various smaller projects and the $7.5 million recently awarded for flood mitigation in Motueka.

Cr Wensley questioned the decision to stop providing administration support to the Accessibility for All (A4A) forum. In response, Engineering Services Manager, Richard Kirby noted that the Council does not provide support to other working groups and the previous commitment to A4A had required a significant amount of staff time. He agreed that A4A is a valuable forum and staff will continue to attend the meetings to provide any support they can around accessibility issues.

It was noted that there is no Councillor representation at the A4A forum. The Mayor invited any Councillor who was interested in participating in A4A to speak to him.

Cr Mackenzie spoke about the central government funding for the Waimea Inlet Enhancement project. She acknowledged the efforts of the Tasman Environmental Trust who had assisted the Council with the funding proposal for this project.

Moved Cr Maling/Cr Wensley

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CN20-07-13

That the Full Council receives the Mayor's Activity Update Report RCN20-07-9.

CARRIED

8.9 Machinery Resolutions Report

The report was taken as read and there were no questions.

Moved Deputy Mayor Bryant/Cr McNamara CN20-07-14

That the Tasman District Council

1. receives the Machinery Resolutions report and that the execution of the following documents under the Seal of Council be confirmed:

a) Partial Cancelation of Fencing Covenant – Karapoti Partnership Ltd – RM1600570 – There is an existing fencing covenant between the Council as owner of Lot 200DP53479 (Drainage Reserve) and the adjacent landowner exempting fencing costs. Part of the adjacent title is being subdivided under RM160510 and the covenant needs to be amended.

b) Deed of Lease – Birdhurst Limited – 40413 42501 – Lease of former Catchment Board site.

c) Community Loan – Hope Tennis Club Incorporated – CN18-05-28 – The

Council approved provision of a grant of $50,000 and a loan of $50,000 over 15 years to the Hope Tennis Club to replace the six Astroturf courts at the Hope Recreation Reserve. These funds were made available in the 2018/2019 year from the Reserves Facilities Operating budgets. The grant was paid in

2018/2019, the funding for the loan was carried forward to the 2019/2020 year as the club delayed the replacement of some of the courts to enable it to complete work on floodlighting. The court replacement work has now been completed so the club needs to draw down the loan to pay for this work.

d) Deed of Covenant and Encumbrance Instrument – Bushend Farms Limited – Bushend Farms Limited has a reservoir consented by RM110833 which occupies unformed legal road. The Deed of Covenant and Encumbrance Instrument gives the Council permission, as landowner, for this occupation of the legal road and sets out terms and conditions of the occupation.

CARRIED

9 CONFIDENTIAL SESSION

9.1 Procedural motion to exclude the public Moved Cr Maling/Cr Dowler

CN20-07-15

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This resolution is made in reliance on section 48(1)(a) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by section 6 or section 7 of that Act which would be prejudiced by the holding of the whole or relevant part of the proceedings of the meeting in public, as follows:

9.2 Waimea Community Dam - Nelson City Council Funding Agreement

Reason for passing this resolution in relation to each matter

Particular interest(s) protected (where applicable)

Ground(s) under section 48(1) for the passing of this

resolution

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

s7(2)(i) - The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

s48(1)(a)

9.3 Waimea Community Dam - WWL Share Subscription Agreement

resolution

48(i)(d) - To deliberate in private in a procedure where a right of appeal lies to a Court against the final decision.

s7(2)(h) - The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

s48(1)(a)

9.4 Engineering Services Agreement with Nelson City Council

resolution

s48(1)(a)

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CARRIED

The meeting concluded at 3.12 pm.

Date Confirmed: 10 September 2020 Chair: