Council MINUTES
Confirmed minutes of an ordinary meeting of the Dunedin City Council held in the Council Chamber, Municipal Chambers, The Octagon, Dunedin on Tuesday 28 March 2017, commencing at 1.00 pm
PRESENT
Mayor Mayor Dave Cull Deputy Mayor Cr Chris Staynes Members Cr David Benson-Pope Cr Rachel Elder Cr Christine Garey Cr Doug Hall Cr Aaron Hawkins Cr Marie Laufiso Cr Mike Lord Cr Damian Newell Cr Jim O'Malley Cr Conrad Stedman Cr Lee Vandervis Cr Andrew Whiley Cr Kate Wilson
IN ATTENDANCE Sue Bidrose (Chief Executive Officer), Sandy Graham (General Manager Strategy and Governance), John Christie (Director Enterprise Dunedin), Graham McKerracher (Manager, Council Communications and Marketing), Simon Pickford (General Manager Community Services), Richard Saunders (Acting General Manager Infrastructure and Networks), Andrea Jones (Communications Team Leader), Bill Frewen (Senior Policy Analyst), Nicola Pinfold (Group Manager Community and Planning), Maria Ioannou (Corporate Policy Manager) and Ryan Craig (Destination Dunedin Manager)
Governance Support Officer Pam Jordan
1 OPENING
Rev Dr Tokerau Joseph, First Church of Otago, opened the meeting with a prayer.
2 PUBLIC FORUM
2.1 Dunedin Heritage Light Rail Trust - High Street Cable Car
Neville Jemmett, Murray Hanan and Trevor Goudie, Dunedin Heritage Light Rail Trust, addressed the meeting concerning the project to re-introduce a cable car to High Street. They had previously distributed information on the stages of the project. The tourism potential of this project was emphasised. The Trust had negotiated a lease arrangement for three heritage cable cars and intended to display them at Mornington Park. The Trust was part-way through the consent processes for the building to display these but had been experiencing some
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problems in communications. The Trust sought the Council's assistance with funding, various approvals relating to the cable car route and staff assistance.
2.2 Baldwin Street
Sharon Hyndman addressed the meeting concerning the increased tourism popularity of Baldwin Street since she had lived there over the previous 27 years, and the difficulties this caused for residents. She had been approached by media several times and emphasised what a great place Dunedin was, however the increasing popularity of Baldwin Street as an attraction brought major issues. These included vehicle access (people trying to drive to the top and having difficulty turning and parking, using residents' driveways etc), pedestrian access (busloads of tourists wandering over the street, footpaths and steps could not accommodate the amount of foot traffic, dangerous behaviour with regard to taking photos, sitting on the street etc), and inadequate communication and inconvenience to residents with regard to the Jaffa Race.
Ms Hyndman suggested improvements such as more signage at the bottom of the street and on North Road, resident only vehicle access, wider pedestrian paths, resident only parking at the bottom of the street, tourist operators being requested to reinforce the concept of private property, and more rubbish bins.
2.3 Dunedin to Brighton Run and Other Motoring Events
David Ross, Otago Vintage Car Club addressed the meeting concerning the Dunedin to Brighton Run and other events he and the Club had been involved with. Mr Ross commented on the success of the event over the previous 63 years and recent changes that had caused problems for this and other events eg requests for a bond for the use of the ground, the need for traffic management plans etc. He considered that health and safety requirements caused difficulties for organisers and ruined a lot of events. He also commented on a catering issue at the Edgar Centre for one event.
2.4 Various Topics
David Ross addressed the meeting concerning a variety of issues. These included:
a) The preponderance of candidates in STV elections and the desirability of returning to first past the post.
b) The Council spending too much time on national issues such as oil exploration.
c) Ethical investing for the Waipori Fund resulting in a failure of duty of care to obtain the best return.
d) Councillors not being dealt with at meetings in an even-handed manner.
e) Staff over-emphasising problems in reports, leading the Council to make particular decisions.
f) The need to rein in Delta.
g) No justification for the Cadbury Chocolate Carnival funding to continue now
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that the company was leaving Dunedin.
h) The number of variations to the District Plan.
i) Parking issues – it was not up to the Council to subsidise developers for parking.
j) ID Fashion Week should not receive business development funding.
k) A recycle day should be held several times a year.
2.5 Mosgiel Pool Site and Next Steps
Irene Mosley, Chairperson, Taieri Community Facilities Trust, addressed the meeting concerning the forthcoming Mosgiel Pool report. She advised that things were going well with the Trust's activities but it needed confirmation of the site as soon as possible and it was frustrating that the report would not now be considered until the Infrastructure Services and Networks Committee meeting in April. The Trust believed that the amended Site A was a good one. Mrs Mosley commented on community funding for the project to be raised and efforts being made. She noted that it was hard not knowing what was in the report. In answer to a question she suggested that it would be useful to have a Council team the Trust could work with and that could give them answers and make decisions.
2.6 Yellow-eyed Penguin Season Update
Cr David Benson-Pope withdrew from the meeting at 1.39 pm.
Sue Murray and Eric Shelton, Yellow-eyed Penguin Trust provided the meeting with a Yellow-eyed Penguin Season Update and circulated a submission. They commented on the decline in penguin numbers and the breeding population for various reasons in recent years, the Trust's conservation efforts, and the establishment of a penguin hospital at the Otago Polytechnic's School of veterinary nursing. An optimal period for the penguin hospital to run was for a 12 week period annually from mid-January to mid-April. An explanation was given of care provided to injured penguins prior to their release back into the wild. The establishment of a permanent Dunedin Wildlife Hospital was also proposed which would deal with other species as well.
Cr David Benson-Pope returned to the meeting at this point.
3 APOLOGIES
An apology was received from Cr Aaron Hawkins for possible early departure.
Moved (Mayor Dave Cull/Cr Chris Staynes): That the Council:
Accepts the apology from Cr Aaron Hawkins for possible early departure.
Motion carried
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4 CONFIRMATION OF AGENDA
Moved (Mayor Dave Cull/Cr Chris Staynes):
That the Council:
Confirms the agenda with the following alterations: • In regard to Standing Order 21.1, Option C be adopted in relation to moving and seconding and speaking to amendments.
• Item C11 to be taken first in the non-public section of the agenda.
Motion carried (CNL/2017/056)
5 DECLARATIONS OF INTEREST
Members were reminded of the need to stand aside from decision-making when a conflict arose between their role as an elected representative and any private or other external interest they might have.
Cr Wilson advised that she would be declaring an interest in item C4 in the non-public part of the meeting and not participating.
Moved (Mayor Dave Cull/Cr Chris Staynes): That the Council:
a) Notes the Elected Members' Interest Register attached as Attachment A of the report; and
b) Confirms the proposed management plan for Elected Members' Interests.
Motion carried (CNL/2017/057)
Following discussion on whether the entire Elected Members' Interest Register was required for each meeting or just recent changes, the General Manager Strategy and Governance advised that the Audit and Risk Subcommittee would consider this matter further at its April meeting.
6 CONFIRMATION OF MINUTES
6.1 ORDINARY COUNCIL MEETING - 21 FEBRUARY 2017
Moved (Mayor Dave Cull/Cr Chris Staynes): That the Council:
Confirms the public part of the minutes of the Ordinary Council meeting held on 21 February 2017 as a correct record.
In response to a question Mayor Cull advised that he would circulate the response he had received from the Prime Minister to the letter about the hospital notice of motion sent following the previous meeting.
Motion carried (CNL/2017/058) Cr Vandervis recorded his vote against
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MINUTES OF COMMITTEES
7 INFRASTRUCTURE SERVICES AND NETWORKS COMMITTEE - 13 FEBRUARY 2017
Moved (Cr Kate Wilson/Cr Jim O'Malley): That the Council: a) Notes the minutes of the Infrastructure Services and Networks Committee meeting held on 13 February 2017.
Motion carried (CNL/2017/059)
8 ECONOMIC DEVELOPMENT COMMITTEE - 13 MARCH 2017
Moved (Cr Chris Staynes/Cr Christine Garey): That the Council: a) Notes the minutes of the Economic Development Committee meeting held on 13 March 2017.
Motion carried (CNL/2017/060)
9 FINANCE AND COUNCIL CONTROLLED ORGANISATIONS COMMITTEE - 13 MARCH 2017
Moved (Cr Mike Lord/Cr Doug Hall): That the Council: a) Notes the public part of the minutes of the Finance and Council Controlled Organisations Committee meeting held on 13 March 2017.
b) Takes Part C items of the minutes of the Finance and Council Controlled Organisations Committee held on 13 March 2017, in the non-public part of the meeting.
Motion carried (CNL/2017/061)
10 AUDIT AND RISK SUBCOMMITTEE - 14 DECEMBER 2016
Moved (Cr Mike Lord/Cr Chris Staynes): That the Council: a) Notes the minutes of the Audit and Risk Subcommittee meeting held on 14 December 2016.
b) Takes Part C items of the minutes of the Audit and Risk Subcommittee held on 14 December 2016, in the non-public part of the meeting.
In regard to item 5, it was noted that legal advice was awaited on the process elected members should follow when they received information that concerned the Council's ability to give effect to its responsibilities and social media, and a request was made for this to be followed up.
Motion carried (CNL/2017/062)
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MINUTES OF COMMUNITY BOARDS
11 WAIKOUAITI COAST COMMUNITY BOARD - 8 MARCH 2017
Moved (Cr Andrew Whiley/Cr Lee Vandervis):
That the Council:
a) Notes the minutes of the Waikouaiti Coast Community Board meeting held on 8 March 2017.
Motion carried (CNL/2017/063)
12 OTAGO PENINSULA COMMUNITY BOARD - 9 MARCH 2017
Moved (Cr Andrew Whiley/Cr Lee Vandervis): That the Council:
a) Notes the minutes of the Otago Peninsula Community Board meeting held on 9 March 2017.
Motion carried (CNL/2017/064)
13 STRATH TAIERI COMMUNITY BOARD - 2 FEBRUARY 2017
Moved (Cr Andrew Whiley/Cr Lee Vandervis): That the Council:
a) Notes the minutes of the Strath Taieri Community Board meeting held on 2 February 2017.
Motion carried (CNL/2017/065)
14 STRATH TAIERI COMMUNITY BOARD - 9 MARCH 2017
Moved (Cr Andrew Whiley/Cr Lee Vandervis): That the Council:
a) Notes the minutes of the Strath Taieri Community Board meeting held on 9 March 2017.
Motion carried (CNL/2017/066)
15 MOSGIEL-TAIERI COMMUNITY BOARD - 15 MARCH 2017
Moved (Cr Andrew Whiley/Cr Lee Vandervis): That the Council:
a) Notes the minutes of the Mosgiel-Taieri Community Board meeting held on 15 March 2017.
Motion carried (CNL/2017/067)
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16 WEST HARBOUR COMMUNITY BOARD - 8 FEBRUARY 2017
Moved (Cr Andrew Whiley/Cr Lee Vandervis): That the Council:
a) Notes the minutes of the West Harbour Community Board meeting held on 8 February 2017.
Motion carried (CNL/2017/068)
REPORTS
17 REVIEWS UNDER SECTION 17A OF THE LOCAL GOVERNMENT ACT 2002
A report from Community and Planning advised that Section 17A of the Local Government Act 2002 required all councils to undertake reviews of the cost- effectiveness of current arrangements for delivering services unless a legal or cost- benefit exemption applied. The first reviews had to be completed by August 2017.
Reviews had to consider specific options which would involve one or more other councils, including jointly owned council controlled organisations (CCOs) or shared services arrangements. This was one reason the Otago Mayoral Forum resolved in November 2016 to coordinate service reviews across the six Otago councils, including the Otago Regional Council.
A high-level review provided to the Otago Mayoral Forum recommended conducting detailed reviews of Solid Waste, Waterways and Harbours, and Regulatory Services, as the regional benefits of these detailed reviews had a strong potential to exceed the costs of review. It was also recommended that further assessment of the potential regional benefits for Three Waters and Land Transport be undertaken.
The Otago Mayoral Forum accepted these recommendations on 11 November 2016. Each Otago council now needed to confirm or decline to participate in the recommended detailed regional reviews and consider whether any further reviews would be undertaken independently before August 2017.
Staff responded to questions from Councillors and noted that the recommendations had now been accepted by two of the other territorial authorities.
Moved (Cr Mike Lord/Cr Rachel Elder): That the Council:
a) Approves the Council's participation in detailed regional service reviews of Solid Waste, Regulatory Services and Waterways and Harbours under section 17A(1) of the Local Government Act 2002.
b) Notes that a number of other potential future reviews have been identified and that further assessment of the potential regional benefits of reviews of Three Waters and Land Transport will be undertaken.
c) Decides not to conduct any other reviews under section 17A(1) of the Local Government Act 2002 before August 2017, for the reason in section 17A(3)(b) of the Local Government Act 2002.
Motion carried (CNL/2017/069)
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18 DUNEDIN DESTINATION PLAN DRAFT FOR CONSULTATION
A report from Enterprise Dunedin sought the Dunedin City Council's approval to undertake consultation on the draft Dunedin Destination Plan appended to the report.
The report set out the background to, and development of, the draft Dunedin Destination Plan and a preferred option to approve the draft Plan for consultation.
The Destination Dunedin Manager and Corporate Policy Manager responded to questions from Councillors.
Moved (Cr Chris Staynes/Cr Mike Lord): That the Council:
a) Approves the draft Dunedin Destination Plan attached to the report for consultation.
Motion carried (CNL/2017/070)
19 TERMS OF REFERENCE FOR THE GROW DUNEDIN PARTNERSHIP
A report from Civic and Legal advised Council on proposed terms of reference for the "Grow Dunedin Partnership". The report also sought confirmation from Council of the expenditure delegations that were in place from the Economic Development Strategy Project budget.
Moved (Cr Mike Lord/Cr Doug Hall): That the Council:
a) Adopts the proposed terms of reference for the Grow Dunedin Partnership
b) Notes that if adopted the terms of reference provide for Council's representatives to be the Chair of the Economic Development Committee together with the Chief Executive (or the Chief Executive's nominee).
c) Confirms the delegations for expenditure from Enterprise Dunedin's Economic Development Strategy project budget (as previously resolved by the Economic Development Committee at its meeting of 16 November 2015) as follows:
(i) Up to $10,000 by the Director, Enterprise Dunedin.
(ii) For individual projects from $10,000 to $50,000, and where the aggregate of projects within a project area in any financial year does not exceed $100,000 by the following people:
• Dunedin City Council Chief Executive or the Chief Financial Officer if there was any conflict of interest and
• The Chair of the Finance Committee or Deputy Chair if there was any conflict of interest and
• The Chair of the EDC Grow Dunedin partnership or any other non- DCC member if there was a conflict of interest.
• Requests for individual projects over $50,000 (or where the aggregate of projects within a project area exceeded $100,000 in
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the financial year) would be considered by the Economic Development Committee."
Motion carried (CNL/2017/071)
20 COMPACT OF MAYORS UPDATE: FIRST AND SECOND YEAR COMPLIANCE
A report from Community and Planning provided an update on work to ensure Dunedin would meet its requirements for participating in the Compact of Mayors. Work had been completed on the city-wide Greenhouse Gas Emissions Inventory (Attachment A) and the Climate Hazards and Risks Assessment (Attachment B), and both were ready to be submitted to meet compliance.
The Senior Policy Analyst and Mr Maurice Marquardt from AECOM New Zealand Ltd, the author of one of the attached reports, responded to questions from Councillors and commented on the reports.
Moved (Cr Aaron Hawkins/Cr Kate Wilson): That the Council:
l) Approves the Greenhouse Gas Inventory Report and Risks Assessment Report for submission to the Compact of Mayors.
Division The Council voted by division.
For: Crs David Benson-Pope, Rachel Elder, Christine Garey, Doug Hall, Aaron Hawkins, Marie Laufiso, Damian Newell, Jim O'Malley, Chris Staynes, Conrad Stedman, Kate Wilson and Mayor Dave Cull (12). Against: Crs Mike Lord, Lee Vandervis and Andrew Whiley (3).
The division was declared CARRIED by 12 votes to 3
Motion carried (CNL/2017/072)
21 TRIENNIAL AGREEMENT 2016-2019
A report from the Chief Executive Officer advised that under Section 15 of the Local Government Act 2002, the six local authorities within the Otago region must enter into an agreement containing protocols for communication and coordination. Triennial Agreements enabled local authorities to give better effect to their core purposes under the Local Government Act by adopting a regional approach where appropriate to deliver seamless local government service.
The new Triennial Agreement for the period 2016-2019 was required to be adopted by all members in identical format no later than 1 March 2017. Councillors received a copy prior to 1 March 2017. The Triennial Agreement had been adopted by all the other local authorities in the region and was now presented for adoption by the Council.
Moved (Cr Andrew Whiley/Cr Chris Staynes): That the Council:
a) Approves the Triennial Agreement for the local authorities of the Otago Region for the period 2016 to 2019.
Motion carried (CNL/2017/073)
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RESOLUTION TO EXCLUDE THE PUBLIC
Moved (Mayor Dave Cull/Cr Chris Staynes): That the Council:
Pursuant to the provisions of the Local Government Official Information and Meetings Act 1987, exclude the public from the following part of the proceedings of this meeting namely:
General subject of the Reasons for Ground(s) Reason for matter to be considered passing this under section Confidentiality resolution in 48(1) for the relation to each passing of this matter resolution
C1 Ordinary Council S7(2)(h) S48(1)(a) meeting - 21 February 2017 The withholding of The public - Public Excluded the information is conduct of the necessary to enable part of the the local authority to meeting would carry out, without be likely to prejudice or result in the disadvantage, disclosure of commercial information for activities. which good reason for S7(2)(b)(ii) withholding The withholding of exists under the information is section 7. necessary 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.
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).
S7(2)(a) The withholding of
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the information is necessary to protect the privacy of natural persons, including that of a deceased person.
S7(2)(b)(i) The withholding of the information is necessary to protect information where the making available of the information would disclose a trade secret.
C2 Finance and Council S7(2)(g) S48(1)(a) Controlled Organisations The withholding of The public Committee - 13 March 2017 the information is conduct of the - Public Excluded necessary to part of the maintain legal meeting would professional be likely to privilege. result in the disclosure of S7(2)(i) information for The withholding of which good the information is reason for necessary to enable withholding the local authority to exists under carry on, without section 7. prejudice or disadvantage, negotiations (including commercial and industrial negotiations).
C3 Audit and Risk S7(2)(c)(ii) S48(1)(a) Subcommittee - 14 The withholding of The public December 2016 - Public the information is conduct of the Excluded necessary to protect part of the information which is meeting would subject to an be likely to obligation of result in the confidence or which disclosure of any person has been information for or could be which good compelled to provide reason for under the authority withholding of any enactment, exists under where the making section 7. available of the information would be likely to damage the public interest.
S7(2)(b)(ii) The withholding of the information is necessary to protect information where
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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.
S7(2)(h) The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.
S7(2)(c)(i) The withholding of the information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to prejudice the supply of similar information or information from the same source and it is in the public interest that such information should continue to be supplied.
S6(b) The making available of the information would be likely to endanger the safety of a person.
S7(2)(a) The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.
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S7(2)(j) The withholding of the information is necessary to prevent the disclosure or use of official information for improper gain or improper advantage.
C4 Provisional Local Alcohol S7(2)(g) S48(1)(a) The report Policy - Next Steps The withholding of The public contains legal the information is conduct of the options relating necessary to part of the to the Local maintain legal meeting would Alcohol Policy professional be likely to and possible legal privilege. result in the strategies for disclosure of progressing the information for matter. which good reason for withholding exists under section 7.
C5 Emerson Street Reserve S7(2)(a) S48(1)(a) To protect the - Sale of Small Part of The withholding of The public privacy of the Unused Reserve the information is conduct of the proposed necessary to protect part of the purchaser and to the privacy of natural meeting would enable Council to persons, including be likely to carry on, without that of a deceased result in the prejudice or person. disclosure of disadvantage, information for negotiations S7(2)(g) which good regarding the The withholding of reason for proposed sale. the information is withholding necessary to exists under maintain legal section 7. professional privilege.
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).
C6 Classification of Reserve S7(2)(a) S48(1)(a) To protect the Land at 515 Leith Street and The withholding of The public privacy of the Lease of Part of that the information is conduct of the proposed Lessee Reserve. necessary to protect part of the and to enable the privacy of natural meeting would Council to carry persons, including be likely to on, without that of a deceased result in the prejudice or
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person. disclosure of disadvantage information for negotiations, S7(2)(i) which good regarding the The withholding of reason for Lease. the information is withholding necessary to enable exists under the local authority to section 7. carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).
C7 Development S7(2)(h) S48(1)(a) Matters discussed Contributions Remission - The withholding of The public in this report are New Emerson's Brewery the information is conduct of the between the necessary to enable part of the applicant and the the local authority to meeting would DCC, these are to carry out, without be likely to remain prejudice or result in the confidential. disadvantage, disclosure of commercial information for activities. which good reason for S7(2)(i) withholding The withholding of exists under the information is section 7. necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).
C8 Director Remuneration - S7(2)(a) S48(1)(a) The information Dunedin City Holdings The withholding of The public contained in this Limited the information is conduct of the report remains necessary to protect part of the confidential until the privacy of natural meeting would Council has persons, including be likely to determined the that of a deceased result in the level of fees and person. disclosure of advised Dunedin information for City Holdings S7(2)(b)(i) which good Limited of the The withholding of reason for outcome at which the information is withholding point the necessary to protect exists under information can information where section 7. be made public. the making available of the information would disclose a trade secret.
C9 Director S7(2)(a) S48(1)(a) Appointments/Reappointme The withholding of The public nts Group Companies the information is conduct of the
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necessary to protect part of the the privacy of natural meeting would persons, including be likely to that of a deceased result in the person. disclosure of information for which good reason for withholding exists under section 7.
C10 Golden Block S7(2)(a) S48(1)(a) Investments Limited The withholding of The public the information is conduct of the necessary to protect part of the the privacy of natural meeting would persons, including be likely to that of a deceased result in the person. disclosure of information for which good reason for withholding exists under section 7.
C11 Grants Subcommittee S7(2)(a) S48(1)(a) Appointment of Community The withholding of The public Representatives the information is conduct of the necessary to protect part of the the privacy of natural meeting would persons, including be likely to that of a deceased result in the person. disclosure of information for which good reason for withholding exists under section 7.
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, or Section 6 or Section 7 or Section 9 of the Official Information Act 1982, as the case may require, which would be prejudiced by the holding of the whole or the relevant part of the proceedings of the meeting in public are as shown above after each item.
That Ms Bridget Irving, Gallaway Cook Allan, be permitted to remain at this meeting after the public has been excluded because of her knowledge of Item C4. This knowledge, which will be of assistance in relation to the matters to be discussed, is relevant because she is providing legal advice to the Council.
Motion carried (CNL/2017/074)
The meeting moved into confidential at 3.22 pm.
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