Council

MINUTES

Confirmed minutes of an ordinary meeting of the Dunedin City Council held in the Council Chamber, Municipal Chambers, The Octagon, Dunedin on Monday 11 April 2016, commencing at 1.00 pm

PRESENT

Mayor	Mayor Dave Cull
Deputy Mayor	Cr Chris Staynes
Members	Cr David Benson-Pope	Cr John Bezett
	Cr Hilary Calvert	Cr Doug Hall
	Cr Aaron Hawkins	Cr Mike Lord
	Cr Jinty MacTavish	Cr Andrew Noone
	Cr Neville Peat	Cr Richard Thomson
	Cr Lee Vandervis	Cr Andrew Whiley
	Cr Kate Wilson

IN ATTENDANCE

Sue Bidrose (Chief Executive Officer), Simon Pickford (General Manager Services and Development), Grant McKenzie (Group Chief Financial Officer), Sandy Graham (Group Manager Corporate Services), Graham McKerracher (Manager, Council Communications and Marketing), Kristy Rusher (Manager Civic and Legal), John Christie (Director Enterprise Dunedin) and Keith Cooper (Director, Dunedin City Holdings Ltd)

Governance Support Officer      Pam Jordan

1       Opening

Ms Tunazzina Iqbal, Baha'i Community, opened the meeting with a prayer.

2       Public Forum

2.1    Harbourside Development

Angus Mackay and Wendy Harrex addressed the meeting concerning Harbourside Development and circulated presentations.

Mr Mackay considered that a bridge connection from the town centre to the harbourside area should be a priority and would benefit both harbourside development and cycleway usage.  He believed this would open up the town centre to the sea and encourage investment in the area.  He addressed the matters of the cost of a bridge, weather affecting the use of the harbourside area, and commented on other cities that had redeveloped their waterfronts into thriving, attractive places.  Mr Mackay suggested the appointment of a project manager and committee to progress a professional, integrated approach to harbourside development.

Wendy Harrex was also concerned that the redevelopment of the harbourside area continued to languish, in contract to elsewhere in the country.  She endorsed the need for a bridge to link the Steamer Basin to the Chinese Garden/Queens Garden area.  Ms Harrex outlined various needs related to the project.  She considered that Wellington's City to Sea bridge was an example of innovative design.  She also outlined some ideas relating to a bridge site and design and suggested that the Council could seek a partnership with Ngāi Tahu, given the significance of the location.

It was suggested that Mr Mackay and Ms Harrex could make an Annual Plan submission on this matter.

2.2    St Clair Erosion - Sand Sausages

Bill Brown addressed the meeting concerning St Clair Erosion – Sand Sausages, circulated a presentation and showed the Council additional photos of the St Clair erosion.

Mr Brown illustrated the effects of dune erosion at St Clair and Middle Beach in the last year.  He considered that this matter needed to be dealt with urgently, the timeframe for the work brought forward, and that machinery needed to be placed on the beach and preparation done in the current month.  The sand sausages needed attention and another 100-150 metres of sand sausages would be necessary to protect the areas most prone to erosion.  Housing in the Victoria Road area, and possibly further afield, would be at risk.  The erosion situation was too serious to go into winter with the current scenario.

Mr Brown responded to questions from Councillors on what protective measures were needed in various areas, timeframes and effects of erosion.

The Group Manager Parks and Recreation would be asked for a response to the presentation.

3       Apologies

There were no apologies.

4       Confirmation of agenda

Moved (Mayor Dave Cull/Cr Chris Staynes): that the Council Confirms the agenda with the following addition or alteration: "2GP Hearings Panel Terms of Reference" to be added, as the item cannot be delayed because the hearings will commence prior to the next Council meeting. Motion carried (CNL/2016/004) It was also noted that the report "Representation Review – Local Government Commission Determination", for which provision had been made on the agenda, had been circulated via a supplementary agenda.

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.

6       Confirmation of Minutes

6.1    Ordinary Council meeting - 22 February 2016
	Moved (Mayor Dave Cull/Cr Chris Staynes) that the Council: Confirms the public part of the minutes of the Ordinary Council meeting held on 22 February 2016 as a correct record.
	Councillor Vandervis expressed a view in respect to item 16 that the Chairman of Dunedin City Holdings Ltd and Group Chief Financial Officer had not responded to all questions from Councillors.
	Moved (Mayor Dave Cull/Cr Chris Staynes) that the Council: Adjourns while legal advice is taken. Motion carried (CNL/2016/005)
The meeting adjourned from 1.43 pm to 1.51 pm.
	Moved (Cr Lee Vandervis/Cr Hilary Calvert) that the Council: Makes an amendment to item 16 as follows: "The Chairman of Dunedin City Holdings Ltd, Mr Graham Crombie, and Group Chief Financial Officer responded to questions from some Councillors." Motion lost
	The original motion was then put. Motion carried (CNL/2016/006) Cr Vandervis recorded an abstention as he considered that the minutes were provably not correct.  Cr Calvert recorded her vote against.
6.2    Ordinary Council meeting - 17 March 2016
	Moved (Mayor Dave Cull/Cr Chris Staynes) that the Council: Confirms the minutes of the Ordinary Council meeting held on 17 March 2016 as a correct record. Motion carried (CNL/2016/007)

Minutes of Committees

7       Hearings Committee - 27 January 2016
	Moved (Cr Andrew Noone/Cr Andrew Whiley) that the Council: a) Notes the minutes of the Hearings Committee meeting held on 27 January 2016 (97 Filleul Street, Dunedin). Motion carried (CNL/2016/008)

8       Hearings Committee - 9 February 2016
	Moved (Cr Andrew Noone/Cr Andrew Whiley) that the Council: a) Notes the minutes of the Hearings Committee meeting held on 9 February 2016 (22 Cleghorn Street, Dunedin). Motion carried (CNL/2016/009)

9       Planning and Regulatory Committee - 14 March 2016
	Moved (Cr David Benson-Pope/Cr Doug Hall) that the Council: a) Notes Part A items (1-5) of the minutes of the Planning and Regulatory Committee meeting held on 14 March 2016. Motion carried (CNL/2016/010)

10     Community and Environment Committee - 15 March 2016

Moved (Cr Jinty MacTavish/Cr Neville Peat) that the Council: a) Notes Part A items (1-9, 13) and public forum of the minutes of the Community and Environment Committee meeting held on 15 March 2016. b)      Approves the following Part B item(s) of the minutes of the Community and Environment Committee meeting held on 15 March 2016:  Item 10:   Manawhenua Representation on the Creative Dunedin Partnership Item 11:   Youth Participation Update Item 12:   Funding Proposal for the Construction of the Botanic Garden Duck Pond Pier.   Motion carried (CNL/2016/011)

11     Infrastructure Services Committee - 15 March 2016
	Moved (Cr Kate Wilson/Cr Mike Lord) that the Council: a) Notes Part A items (1-6) of the minutes of the Infrastructure Services Committee meeting held on 15 March 2016. Motion carried (CNL/2016/012)

12     Economic Development Committee - 29 March 2016
	Moved (Cr John Bezett/Cr Andrew Whiley) that the Council: a) Notes Part A items (1-8) of the minutes of the Economic Development Committee meeting held on 29 March 2016. Motion carried (CNL/2016/013)

13     Finance Committee - 29 March 2016
	Moved (Cr Richard Thomson/Cr Hilary Calvert) that the Council: a) Notes Part A items (1-6) of the minutes of the Finance Committee meeting held on 29 March 2016. Motion carried (CNL/2016/014)

14     Audit and Risk Subcommittee - 2 February 2016
	Moved (Cr Richard Thomson/Cr Hilary Calvert) that the Council: a) Notes Part A items (1-7) of the minutes of the Audit and Risk Subcommittee meeting held on 2 February 2016 (including items 8, 9, 16 and 17 of the public excluded minutes). Motion carried (CNL/2016/015)

It was reported in respect to item 3 of the minutes that the Subcommittee Chair had been appointed to the Auditor-General's Audit and Risk Committee and that Audit New Zealand, with which the Council had a relationship, was a business unit of the Office of the Controller and Auditor-General.

Minutes of Community Boards

15     Waikouaiti Coast Community Board - 2 March 2016
	Moved (Cr Andrew Noone/Cr Mike Lord) that the Council: a) Notes the minutes of the Waikouaiti Coast Community Board meeting held on 2 March 2016. Motion carried (CNL/2016/016)

16     Otago Peninsula Community Board - 3 March 2016
	Moved (Cr Neville Peat/Cr Jinty MacTavish) that the Council: a) Notes the minutes of the Otago Peninsula Community Board meeting held on 3 March 2016. Motion carried (CNL/2016/017)

17     Strath Taieri Community Board - 3 March 2016
	Moved (Cr Mike Lord/Cr Kate Wilson) that the Council: a) Notes the minutes of the Strath Taieri Community Board meeting held on 3 March 2016. Motion carried (CNL/2016/018)

18     Mosgiel Taieri Community Board - 8 March 2016
	Moved (Cr Kate Wilson/Cr Mike Lord) that the Council: a) Notes the minutes of the Mosgiel Taieri Community Board meeting held on 8 March 2016. Motion carried (CNL/2016/019)

19     Chalmers Community Board - 9 March 2016
	Moved (Cr Andrew Noone/Cr Doug Hall) that the Council: a) Notes the minutes of the Chalmers Community Board meeting held on 9 March 2016. Motion carried (CNL/2016/020)

20     Saddle Hill Community Board - 10 March 2016
	Moved (Cr Andrew Whiley/Cr Kate Wilson) that the Council: a) Notes the minutes of the Saddle Hill Community Board meeting held on 10 March 2016. Motion carried (CNL/2016/021)

Reports

21     Elected Member Remuneration Rates for 2016/17
	A report from Corporate Services noted that the Remuneration Authority (the Authority) had reviewed the remuneration levels for elected members for the 2016-17 financial year and set new rates for the Mayor, Councillors and sought information from Council around positions of responsibility (eg the Deputy Mayor and Chairs) for the 2016/17 year. The Authority had also reviewed remuneration levels for Community Board members for the 2016/17 year.
	Moved (Mayor Dave Cull/Cr Andrew Whiley) that the Council: a) Notes the new remuneration rates for 2016/17 for The Mayor, Councillors and Community Board Members. b)      Recommends that the Deputy Mayor receive $71,912.75 per year and a committee chairperson receive $66,381.00 per year, noting that this approach for remunerating positions of responsibility is the same as the previous year. Motion carried (CNL/2016/022)

22     Dunedin City Council Investments and Returns
	A report from the Executive Leadership Team advised that the Council had asked for analysis to be completed on the total returns from its investment in the holding companies and other income-earning investment assets the Council owned.  The financial returns outlined in the report had been completed in consultation with Dunedin City Holdings Limited.  This was an exercise that should be carried out on a regular basis and would assist Council in reviewing what it owned and why it owned these investments. The analysis had focused on the total returns (total returns included the dividend stream and capital gains) from the entities.  The major reason that Council owned or was involved in these activities was the total return that it received from them (this assisted in keeping rates lower for residents of Dunedin).  This had been looked at separately in the dividends that the Council had received from the entities (this assisted in keeping rates lower) and the capital gain (the gain in the value of the assets which was only realised when the asset is sold).  The total return was then compared to the cost of capital to the DCC.  If the entity's return was higher than the cost of capital then it was effectively meeting the key requirement and reducing the rates burden for ratepayers.  There may also be strategic reasons why Council owned the investment and these were explored.
	Dunedin City Holdings Ltd Director, Mr Keith Cooper, and the Group Chief Financial Officer responded to questions from Councillors.  Some corrections to the report were advised.
	Moved (Cr David Benson-Pope/Cr Jinty MacTavish) that the Council: a) Notes the Dunedin City Council Investments and Returns report. Motion carried (CNL/2016/023)

23     Representation Review - Local Government Commission Determination
	A report from Corporate Services advised that the Local Government Commission (the Commission) had released its determination into the representation arrangements that would apply for the election of the Dunedin City Council in the election to be held on 8 October 2016. The Commission determined as follows: ·      the Council would be elected at large (with 14 Councillors) ·      six community boards would be retained – each with six members plus one appointed Councillor ·      the Chalmers Community Board would be renamed as the West Harbour Community Board There were minor boundary alterations to transfer an area above Sawyers Bay from Waikouaiti Coast Community to West Harbour Community and to transfer Quarantine Island from West Harbour Community to Otago Peninsula Community.
	Moved (Cr Chris Staynes/Cr Doug Hall) that the Council: a) Notes the Local Government Commission determination of the representation arrangements that will apply for the 2016 Dunedin City Council election. b)      Notes that Electoral staff will ensure that there is single transferable vote education incorporated into the 2016 election process as per the recommendation of the Commission. Motion carried (CNL/2016/024)

24     2GP Hearings Panel Terms of Reference
	Moved (Cr David Benson-Pope/Cr Doug Hall) that: Further to the Council resolution of September 2015 the terms of reference for the 2GP hearings panel is amended to state that a quorum of two is also permissible for hearings for designations and hazards mitigation activities.  In the case of decisions requiring a vote, the Chairperson may exercise a casting vote. Motion carried (CNL/2016/025)

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 matter to be considered	Reasons for passing this resolution in relation to each matter	Ground(s) under section 48(1) for the passing of this resolution	Reason for Confidentiality
C1  Ordinary Council meeting - 22 February 2016 - Public Excluded	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.	S48(1)(a) 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.
C2  Audit and Risk Subcommittee - 2 February 2016 - Public Excluded	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.	S48(1)(a) 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.
C3  Health and Safety Documents	S7(2)(g) The withholding of the information is necessary to maintain legal professional privilege.	S48(1)(a) 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.	This report is confidential because the content because legal advice is to be provided about aspects of the policy and its application.

Motion carried (CNL/2016/026)

The meeting moved into confidential at 2.55 pm.