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 27 June 2016, commencing at 1.03 pm
PRESENT
Mayor |
Mayor Dave Cull |
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Deputy Mayor |
Cr Chris Staynes |
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Members |
Cr David Benson-Pope |
Cr John Bezett |
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Cr Hilary Calvert |
Cr Doug Hall |
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Cr Aaron Hawkins |
Cr Mike Lord |
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Cr Jinty MacTavish |
Cr Andrew Noone |
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Cr Neville Peat |
Cr Richard Thomson |
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Cr Lee Vandervis |
Cr Andrew Whiley |
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Cr Kate Wilson |
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IN ATTENDANCE |
Sue Bidrose (Chief Executive Officer), Ruth Stokes (General Manager Infrastructure and Networks), Simon Pickford (General Manager Services and Development), Grant McKenzie (Group Chief Financial Officer), Sandy Graham (Group Manager Corporate Services), Kristy Rusher (Manager Civic and Legal), Jane Nevill (Corporate Planner), Carolyn Allan (Senior Management Accountant), Nicola Pinfold (Group Manager Community and Planning), Graham Crombie (Chairman, Dunedin City Holdings Ltd), Tami Sargeant (Policy Analyst), Maria Ioannou (Corporate Policy Manager), Maria Sleeman (Leasing Officer), Karilyn Canton (In-House Legal Counsel), Jendi Paterson (Recreation Planning and Facilities Manager), Richard Saunders (Group Manager Parks and Recreation), Ros MacGill (Environmental Health/Animal Services Manager), Adrian Blair (Group Manager Customer and Regulatory Services), Rachel Brooking (Anderson Lloyd), Peter Hanlin (Senior Animal Control Officer), Tanya Morrison (Environmental Health Officer) and Jamie Shaw (Senior Communications Advisor) |
Governance Support Officer Pam Jordan
Venerable Lhagon Tulku and Venerable Geshe Dhonyoe, Dhargyey Buddhist Centre, opened the meeting with a prayer.
2 Public Forum
2.1 Warrington Freedom Camping Petition
Rhys Owen presented a petition of 248 signatures calling for non-self-contained freedom camping at Warrington Domain to be banned. A meeting had been held at Warrington where people indicated that they were unhappy with freedom camping and decided to launch a petition. Those who had signed the petition would like a bylaw amendment to make Warrington available for self-contained camping only. Mr Owen circulated documents containing the petition, written complaints, concerns from the New Zealand Sea Lion Trust, concerns from camping ground owners, comments from the New Zealand Motor Caravan Association, and photos of campers using the Warrington Domain over summer 2015/16.
Mr Owen advised that people signing the petition wanted to relocate campers. There was community opposition to overwhelming numbers of campers. It was considered that non-self-contained campers should be redirected to campgrounds. A bylaw amendment needed to be in place before the summer.
Mr Owen responded to questions from Councillors, advising that the great majority of vehicles using the Domain were not self-contained, local people were concerned about the loss of their sports ground and hygiene issues, that the group had spoken to the Community Board previously, and the Council had a permit system in place for freedom camping that could be used by individuals or school groups.
Cr Thomson entered the meeting at 1.23 pm.
Mr Owen advised that residents did not want a total ban but just wanted to reduce the numbers. Work also needed to be done to the Domain to turn it back into a usable sports area.
2.2 Amendment to the Dog Control Bylaw 2016
Karen Anderson tabled a submission advising that the proposed amendments to the bylaw confirmed the undisclosed removal of previously off-leash areas and obstructed the satisfaction of that legal obligation. The issues she was raising had been raised before submissions closed. The intention to remove off-leash access to tracks and reserves was not disclosed.
Ms Anderson commented that maps that replaced the current bylaw schedules were not disclosed and did not accurately reproduce the schedules in the current bylaw. This was about the democratic process. She did not believe the Council intended to reverse the default position without realising it and after the amount of time spent on the bylaw and consultation process.
Ms Anderson asked the Council not to pass the proposed amendments that confirmed the map that created the undisclosed and legally significant changes, and also confirmed the reversal of the "off-leash unless prohibited" clause. She commented that the core idea behind the maps was fantastic though.
She requested the Council not to make bylaws using undisclosed maps and considered that the maps should be information, not regulation.
2.3 Freedom Camping at Warrington
Gerard Collings (Chairperson) and Alasdair Morrison (Deputy Chairperson), Waikouaiti Coast Community Board spoke on freedom camping at Warrington. They did not want to respond to the petition as they had not seen it. Mr Collings warned against "throwing the baby out with the bath water" as he believed that freedom camping, whether people liked it or not, was a growing part of the tourism industry, and a part that should be embraced. He noted that the Council was looking for alternative sites to take pressure off Warrington. He advised that there was no defined sports field at the recreation ground at Warrington. There might be a need to adjust things so there was a better co-existence between campers and locals.
Mr Morrison reported that Community Board members who lived locally had spent a lot of time looking at the problem and spending time with staff. There were problems with toilets and inadequate signage when people arrived late at night. Signage had also been needed at the domain and the roads leading to it. The signage issues had now been resolved. Visitors had also been spoken to and signage in French and German regarding water restrictions etc had been installed. Things had been reasonably under control in recent months.
In response to a suggestion that the petition be referred to the Waikouaiti Coast Community Board Mr Collings advised that he would like the community to have full knowledge of this and it could be considered at the August meeting after staff comment had been received.
There were no apologies. |
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 Mike Lord left the meeting at 1.55 pm.
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Moved (Mayor Dave Cull/Cr Chris Staynes):
That the Council:
Confirms the public part of the minutes of the Ordinary Council meeting held on 23 May 2016 as a correct record.
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Moved (Mayor Dave Cull/Cr Chris Staynes):
That the Council:
Confirms the minutes of the Extraordinary Council meeting held on 20 June 2016 as a correct record.
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Moved (Cr David Benson-Pope/Cr Kate Wilson):
That the Council:
a) Notes Part A items (1-7) and public forum of the minutes of the Planning and Regulatory Committee meeting held on 7 June 2016. |
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Moved (Cr Jinty MacTavish/Cr Neville Peat):
That the Council:
a) Notes Part A items (1-11) and public forum of the minutes of the Community and Environment Committee meeting held on 8 June 2016. |
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Moved (Cr Hilary Calvert/Cr Andrew Whiley):
That the Council:
a) Notes Part A items (1-7) of the minutes of the Finance Committee meeting held on 13 June 2016. |
Cr Mike Lord returned to the meeting at 1.59 pm.
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Moved (Cr Andrew Noone/Cr Doug Hall):
That the Council:
a) Notes Part A items (1-12) and public forum of the minutes of the Waikouaiti Coast Community Board meeting held on 25 May 2016. |
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Moved (Cr Neville Peat/Cr Hilary Calvert):
That the Council:
a) Notes Part A items (1-14) and public forum of the minutes of the Otago Peninsula Community Board meeting held on 26 May 2016. |
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Moved (Cr Mike Lord/Cr Kate Wilson):
That the Council:
a) Notes Part A items (1-9) of the minutes of the Strath Taieri Community Board meeting held on 26 May 2016. |
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Moved (Cr Kate Wilson/Cr Mike Lord):
That the Council:
a) Notes Part A items (1-13) and public forum of the minutes of the Mosgiel Taieri Community Board meeting held on 31 May 2016. |
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Moved (Cr Andrew Noone/Cr Doug Hall):
That the Council:
a) Notes Part A items (1-12) of the minutes of the Chalmers Community Board meeting held on 1 June 2016. |
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Moved (Cr Andrew Whiley/Cr Andrew Noone):
That the Council:
a) Notes Part A items (1-13) and public forum of the minutes of the Saddle Hill Community Board meeting held on 2 June 2016. |
Reports
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Cr Andrew Whiley declared an interest and withdrew from the meeting at 2.02 pm.
A report from Corporate Services advised that a resolution was required to finalise the maps included in the Dog Control Bylaw ("Bylaw"). It was also recommended that the opportunity be taken to make minor amendments to the Bylaw to improve its clarity. |
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Staff responded to questions from Councillors and explained the reason for the proposed amendments.
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Moved (Cr Neville Peat/Cr Mike Lord):
That the Council:
a) Resolves to amend the Bylaw, as shown in the attachment with the report. b) Notes that the Bylaw includes finalised maps. Motion carried (CNL/2016/064)
Cr Andrew Whiley returned to the meeting at 2.25 pm. |
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A report from Finance noted that now the Council had adopted the 2016/17 Annual Plan including the Funding Impact Statement it needed to resolve to set the rates as provided for in the Funding Impact Statement.
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20 Statements of Intent for Dunedin City Holdings Limited and its Subsidiaries and Associate Companies |
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A report from Corporate Services appended the Statements of Intent from Dunedin City Holdings Limited (DCHL) and its subsidiaries and associate companies and noted that the companies were required by law to prepare a Statement of Intent on an annual basis.
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The Group Chief Financial Officer and Chairman of Dunedin City Holdings Ltd responded to question from Councillors.
Cr Aaron Hawkins left the meeting at 3.00 pm and returned at 3.01 pm during the course of discussion.
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Moved (Cr John Bezett/Cr Mike Lord):
That the Council:
a) Notes the Statements of Intent for the Dunedin City Holdings Limited subsidiaries and associate companies, approved by Dunedin City Holdings Limited at its meeting on 2 June 2016. b) Approves the Statement of Intent for Dunedin City Holdings Ltd, that was approved by the Dunedin City Holdings Limited Board meeting on 2 June 2016, with the addition of the words "… and so far as practicable using best practice standardised reporting measures and templates where possible", to the first Objective in section 8. |
Adjournment of meeting
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Moved (Mayor Dave Cull/Cr Chris Staynes):
That the Council: Adjourns the meeting.
The meeting adjourned from 3.29 pm to 3.47 pm. |
21 Change to the Constitution of Dunedin City Holdings Limited |
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A report from Corporate Services sought the Council's approval to update the Constitution of Dunedin City Holdings Limited. The new Constitution reflected current legislation and made changes to the term of appointment for Directors. At present there was no maximum term and it was proposed that Directors would retire after three consecutive, three year terms. At this time other changes had also been made to the Constitution which were highlighted in Attachment D of the report. |
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The following amendments to the draft Constitution were suggested during the course of discussion:
· 8.1 - to be removed · 10.1 – to be revised · 11.2 – now to end: "… following shareholder approval" · 11.7 – to be removed.
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Moved (Cr Lee Vandervis/Cr Mike Lord):
That the Council:
a) Refers the new draft Constitution, reflecting the change in the term of Directors to the Board of Dunedin City Holdings Limited on behalf of the Council as shareholder, for discussion with DCHL and to be returned to Council for final approval. |
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A report from Community and Planning provided two governance options for the Council's consideration for the delivery of Te Ao Tūroa – Our Natural World: Dunedin's Environment Strategy. |
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Staff responded to questions from Councillors. Amendments to the Terms of Reference were suggested during the course of discussion.
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Moved (Cr Kate Wilson/Cr Aaron Hawkins):
That the Council:
a) Approves the establishment of Te Ao Tūroa Steering Group (comprising Dunedin City Council and external representatives as per paragraph 8 a-f of the report). b) Approves the draft Terms of Reference with the changes suggested for the proposed Te Ao Tūroa Steering Group appended to the report. Terms of Reference Changes
1 End of last paragraph in section 2.0 to be: "The work programme will reflect the strategy's priorities."
2 Section 3.0, second part to be replaced with: "Partnership members can appoint up to 5 additional members to be selected from public expressions of interest with appointees selected by the partnership members according to a skills statute designed to ensure the diversity of sector skills/experience/community representation needed to successful delivery of the goals within the strategy are at the table, with due regard to see representatives from business, community conservation groups, youth and rural sector."
c) Nominates Cr Jinty MacTavish to be the elected representative and Chair of the Te Ao Tūroa Steering Group. |
Adjournment of meeting
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Moved (Mayor Dave Cull/Cr Chris Staynes):
That the Council: Adjourns the meeting.
The meeting adjourned from 4.30 pm to 4.39 pm. |
23 Town Belt - Mornington Park proposed Lease to the Dunedin Heritage Light Rail Trust |
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A report from Parks and Recreation and Corporate Services recommended the approval of an application by the Dunedin Heritage Light Rail Trust to lease part of Mornington Park situated in Dunedin's Town Belt. The Dunedin Heritage Light Rail Trust was seeking to develop a facility to promote its broader objective of reinstating the High Street cable car line. The location of the lease was a site that was as close as practicably possible to the former High Street cable car route. While the proposed lease was taken on its own merits and for a specific term only, this proposal was seen as stage one of the Dunedin Heritage Light Rail Trust's bigger project which was to ultimately re-create the actual route of the High Street cable car line. |
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Moved (Cr John Bezett/Cr Chris Staynes):
That the Council:
a) Approves as the administering body of the reserve and on behalf of the Minister of Conservation under Instrument of Delegation dated 12 June 2013, the granting of a lease in terms of section 54 (1) (a) of the Reserves Act 1977 to the Dunedin Heritage Light Rail Trust over part of the land situated in the Dunedin Town Belt at Mornington Park, Eglinton Road, Mornington, Dunedin being 72m2 more or less being situated in the City of Dunedin part Town Belt of Dunedin and Section 1 Town Belt Town of Dunedin, part Computer Freehold Register OT19C/115. b) Notes that as a public notification process was undertaken with twenty submissions received in favour and one submission received against the proposal, the requirement to publicly notify the intention to grant the lease has been satisfied. c) Authorises the Group Manager, Parks and Recreation to finalise the details of the lease with the Trust, and give or withhold any consents that may be sought under the lease (including the exact construction and design details). |
24 Amended Proposed Beauty Therapists, Tattooists and Skin Piercers Bylaw 2016 |
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A report from Regulatory Services appended the amended proposed Beauty Therapists, Tattooists and Skin Piercers Bylaw 2016 for adoption. A hearing panel made up of Councillors Peat (Chair), Lord, Hall and Whiley considered all submissions and had recommended some minor changes to the proposed Beauty Therapists, Tattooists and Skin Piercers Bylaw. |
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Moved (Cr Neville Peat/Cr Chris Staynes):
That the Council:
a) Approves and adopts the Beauty Therapists, Tattooists and Skin Piercers Bylaw 2016 as amended by the Hearings Committee, with an operative date of 1 August 2016. b) Determines that the proposed Beauty Therapists, Tattooists and Skin Piercers Bylaw 2016 is necessary and is the most appropriate form of bylaw and that it does not give rise to any implications under the New Zealand Bill of Rights Act 1990. c) Revokes the 2005 Beauticians, Tattooists and Skin Piercers Bylaw, with effect of revocation being 1 August 2016. Cr Neville Peat commented on the process and thanked submitters and staff. |
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A report from the Electoral Officer outlined options available to the Council regarding the order of candidate names on voting documents. The previous election saw the Council adopt random order. A brief update was also provided on other preparations for the election. |
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Moved (Cr David Benson-Pope/Cr Aaron Hawkins):
That the Council:
a) Adopts random order for the order of candidate names at the 2016 Dunedin City Elections. b) Notes the other preparations in place for the election. |
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A report from Civic provided details of the Rules for the Recovery for Expenses for Elected Members (the rules). The rules needed to be approved by Council prior to submission to the Remuneration Authority. |
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Moved (Cr David Benson-Pope/Cr Aaron Hawkins):
That the Council:
a) Approves the Rules for the Recovery of Expenses for Elected Members. |
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Cr Noone suggested referring the petition presented at the Public Forum to the Waikouaiti Coast Community Board.
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Moved (Cr Andrew Noone/Cr Kate Wilson):
That the Council:
a) Refers the petition received at the Public Forum from Warrington residents to the Waikouaiti Coast Community Board and, after consideration, this be brought back to the Council. |
Moved (Mayor Dave Cull/Cr Chris Staynes):
That the Council:
Pursuant to the provisions of the Local Government Official Information and Meetings Act 1987, excludes the public from the following part of the proceedings of this meeting namely:
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.
Motion carried (CNL/2016/077) |
The meeting moved into confidential at 4.52 pm.