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 19 September 2016, commencing at 1.00
pm
PRESENT
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Mayor
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Mayor Dave Cull
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Deputy Mayor
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Cr Chris Staynes
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Members
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Cr David Benson-Pope
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Cr Hilary Calvert
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Cr Doug Hall
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Cr Aaron Hawkins
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Cr Mike Lord
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Cr Jinty MacTavish
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Cr Andrew Noone
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Cr Neville Peat
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Cr Lee Vandervis
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Cr Andrew Whiley
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Cr Kate Wilson
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IN ATTENDANCE
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Sue Bidrose (Chief Executive
Officer), Sandy Graham (General Manager Strategy and Governance), Andrea
Jones (Communications Team Leader), Kristy Rusher (Manager Civic and Legal),
John Christie (Director Enterprise Dunedin), Bernie Hawke (Group Manager Arts
and Culture), Joy Gunn (Manager Events and Community Development), Kevin
Taylor (Property Manager), Ashley Reid (Parks and Recreation Planner), Jendi
Paterson (Recreation Planning and Facilities Manager), Tom Dyer (Acting Group
Manager Parks and Recreation), Nicola Pinfold (Group Manager Community and
Planning) and Glen Hazelton (Team Leader Urban Design)
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Governance Support Officer Pam
Jordan
1 Opening
Reverend Anne Thomson,
First Church, opened the meeting with a prayer.
2 Public
Forum
2.1 Rates Relief
Applications
Rodney Moore (General Manager,
Forbury Park Trotting Club) and Hannah Catchpole (General Manager, Otago Racing
Club) spoke regarding their respective rates relief applications to be
considered in the non-public part of the meeting.
Mr Moore advised that both General
Managers had been in their positions for less than six months and the
applications had been made prior to them being in their roles. They supported
the initiative of the Grants Subcommittee for rolling over the rates relief for
a year. Mr Moore commented on the history of the Club and its presence in
South Dunedin, the large cost of repairing damage from the 2015 flood, and the
Club's keenness to be involved in a bigger discussion regarding South Dunedin
and how the Forbury Park Trotting Club could contribute to the Council's vision
for South Dunedin in future. He considered that gambling and rates relief
was a separate discussion.
Ms Catchpole welcomed an
opportunity to take the next step to engage and work collectively. The
Otago Racing Club saw Wingatui as a key venue that the public used. The Club
appreciated this was an important issue and would like more time to work with the
Council.
2.2 Light Pollution
Ben Hawke (Taieri College), Star
Uriaro (Kavanagh College), Sylvie Latton (Kavanagh College), Gabe Vink
(Kavanagh College), Alex Livingstone (Tahuna Intermediate) and Josh Meikle
(Kavanagh College) each spoke to the Council on their findings from research
projects they had undertaken on light pollution.
Some students' projects included
taking light readings at various points in the city and comparing what stars
could be seen. More stars could be seen in the outer areas of Dunedin
where there was less light pollution, than in central Dunedin. It was
suggested that if Dunedin improved its light pollution it could market itself
as a dark skies city and attract tourists.
Other students had studied blue
lights from various devices and how they could adversely affect sleep quality
and health. They were concerned at the potential effect of LED street
lights in this regard.
The group asked for the Council to
be mindful of light pollution and harmful health effects when making
decisions. They asked that no LED lights above 2200k should be used, that
they should be used in the centre of the city rather than suburbs, and that the
colour of the bulbs should also be considered.
The group members also responded
to questions from Councillors.
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4 Confirmation
of agenda
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Moved (Mayor Dave Cull/Cr Chris
Staynes):
That the Council:
Confirms the agenda with
the following alteration:
"Heritage Rates Relief2016/2017
Report One" to be considered in public.
Motion carried (CNL/2016/102)
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Moved
(Cr Lee Vandervis/Cr Andrew Whiley):
That Item 26, South
Dunedin Community Hub, be deferred to an early meeting of the new incoming
Council after 8 October 2016 because there has been insufficient time or
opportunity to gauge community feedback on this very important proposal that
has been decades in coming to a decision.
Division
The Council voted by division.
For: Crs
Hilary Calvert, Doug Hall, Mike Lord, Andrew Noone, Lee Vandervis and Andrew
Whiley (6).
Against: Crs
Dave Cull, Chris Staynes, David Benson-Pope, Aaron Hawkins, Jinty MacTavish,
Neville Peat and Kate Wilson (7).
The division was declared LOST
by 7 votes to 6.
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Moved
(Mayor Dave Cull/Cr Chris Staynes):
That the Council:
Confirms
the agenda incorporating the amendment.
.Motion carried (CNL/2016/103) Cr Lee
Vandervis recorded his vote against.
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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
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6.1 Ordinary
Council meeting - 1 August 2016
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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 1
August 2016 as a correct record.
Motion carried (CNL/2016/104)
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Minutes of Committees
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7 Hearings
Committee - 16 March 2016
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Moved (Cr Andrew Noone/Cr Lee
Vandervis):
That the Council:
a) Confirms the
minutes the Hearings Committee held on 16 March 2016 as a correct record (140
Highcliff Road, Dunedin).
Motion carried (CNL/2016/105)
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8 Hearings
Committee - 1 April 2016
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Moved (Cr Lee Vandervis/Cr Doug Hall):
That the Council:
a) Confirms
the minutes of the Hearings Committee held on 1 April 2016 as a correct
record (27 King Street, Mosgiel).
Motion carried (CNL/2016/106)
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9 Hearings
Committee - 17 May 2016
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Moved (Cr Andrew Noone/Cr Lee
Vandervis):
That the Council:
a) Confirms the
minutes of the Hearings Committee held on 17 May 2016 as a correct record
(147 Church Road, Merton).
Motion carried (CNL/2016/107)
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10 Hearings
Committee - 21 July 2016
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Moved (Cr Andrew Noone/Cr Lee
Vandervis):
That the Council:
a) Confirms
the minutes of the Hearings Committee held on 21 July 2016 as a correct
record (38 Richmond Street, Dunedin).
Motion carried (CNL/2016/108)
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11 Community
and Environment Committee - 29 August 2016
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Moved (Cr Jinty MacTavish/Cr Kate
Wilson):
That the Council:
a) Notes Part
A items (1-14) and public forum of the minutes of the Community and Environment Committee meeting held on
29 August 2016.
Motion carried (CNL/2016/109)
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12 Planning
and Regulatory Committee - 30 August 2016
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Moved (Cr David Benson-Pope/Cr Aaron
Hawkins):
That the Council:
a) Notes Part
A items (1-6) of the minutes of the Planning
and Regulatory Committee meeting held on 30 August 2016.
Motion carried (CNL/2016/110)
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13 Infrastructure
Services Committee - 30 August 2016
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Moved (Cr Kate Wilson/Cr Mike Lord):
That the Council:
a) Notes Part
A items (1-8) of the minutes of the Infrastructure
Services Committee meeting held on 30 August 2016.
Motion carried (CNL/2016/111)
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14 Economic
Development Committee - 5 September 2016
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Moved (Cr Chris Staynes/Cr Andrew
Whiley):
That the Council:
a) Notes Part
A items (1-6) of the minutes of the Economic
Development Committee meeting held on 5 September 2016.
Motion carried (CNL/2016/112)
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15 Finance
Committee - 5 September 2016
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Moved (Cr Hilary Calvert/Cr Doug Hall):
That the Council:
a) Notes Part
A items (1-5) of the minutes of the Finance
Committee meeting held on 5 September 2016.
Motion carried (CNL/2016/113)
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16 Audit
and Risk Subcommittee - 28 June 2016
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Moved (Cr Hilary Calvert/Cr Chris
Staynes):
That the Council
a) Notes Part
A items (1-7) of the minutes of the Audit
and Risk Subcommittee meeting held on 28 June 2016.
b) Takes Part
C items of the minutes of the Audit and Risk Subcommittee held on 28 June
2016 in the non-public part of the meeting.
Motion carried (CNL/2016/114)
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17 Audit
and Risk Subcommittee - 2 August 2016
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Moved (Cr Hilary Calvert/Cr Chris
Staynes):
That the Council:
a) Notes the
public part of the minutes of the Audit
and Risk Subcommittee meeting held on 2 August 2016.
b) Takes Part
C items of the minutes of the Audit and Risk Subcommittee held on 2 August
2016 in the non-public part of the meeting.
Motion carried (CNL/2016/115)
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18 Sustainability
Audit Subcommittee - 15 August 2016
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Moved (Cr Jinty MacTavish/Cr Doug
Hall):
That the Council:
a) Notes Part
A items (1-5, 7-10) of the minutes of the Sustainability Audit Subcommittee meeting held on 15 August 2016.
b) Approves the
following Part B item of the minutes of the Sustainability Audit
Subcommittee meeting held on 15 August 2016:
Item
6: Sustainability Within Building Services Activity.
Motion carried (CNL/2016/116)
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19 Grants
Subcommittee - 12 July 2016
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Moved (Cr Jinty MacTavish/Cr Kate
Wilson):
That the Council:
a) Notes Part
A items (2-6) and public forum of the minutes of the Grants Subcommittee meeting held on 12 July 2016
b) Approves the
following Part B items of the minutes of the Grants Subcommittee
meeting held on 12 July 2016:
Item 7 Otago
Racing Club and Forbury Trotting Club – Consideration of Decline
Appeals.
Motion carried (CNL/2016/117)
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Minutes of Community
Boards
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20 Waikouaiti
Coast Community Board - 10 August 2016
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Moved (Cr Andrew Noone/Cr Neville
Peat):
That the Council:
a) Notes the
minutes of the Waikouaiti Coast
Community Board meeting held on 10 August 2016.
Motion carried (CNL/2016/118)
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21 Otago
Peninsula Community Board - 11 August 2016
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Moved (Cr Andrew Noone/Cr Neville
Peat):
That the Council:
a) Notes the
minutes of the Otago Peninsula
Community Board meeting held on 11 August 2016.
Motion carried (CNL/2016/119)
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22 Strath
Taieri Community Board - 11 August 2016
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Moved (Cr Andrew Noone/Cr Neville
Peat):
That the Council:
a) Notes the
minutes of the Strath Taieri Community
Board meeting held on 11 August 2016.
Motion carried (CNL/2016/120)
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23 Mosgiel
Taieri Community Board - 16 August 2016
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Moved (Cr Andrew Noone/Cr Neville
Peat):
That the Council:
a) Notes the
minutes of the Mosgiel Taieri Community
Board meeting held on 16 August 2016.
Motion carried (CNL/2016/121)
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24 Chalmers
Community Board - 17 August 2016
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Moved (Cr Andrew Noone/Cr Neville
Peat):
That the Council:
a) Notes the
minutes of the Chalmers Community Board
meeting held on 17 August 2016.
Motion carried (CNL/2016/122)
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25 Saddle
Hill Community Board - 18 August 2016
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Moved (Cr Andrew Noone/Cr Neville
Peat):
That the Council:
a) Notes the
minutes of the Saddle Hill Community
Board meeting held on 18 August 2016.
Motion carried (CNL/2016/123)
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Reports
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26 South
Dunedin Community Hub
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A report from Services and Development provided the Council with the
analysis of potential South Dunedin Community Hub locations and a
recommendation on where the South Dunedin Community Hub should be
located. The report also provided Council with a summary of community
feedback on the proposal for a South Dunedin Community Hub and locations that
were considered.
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Staff responded to questions from Councillors on the sites examined, the
process followed, people's feedback about what they wanted in a community
hub, negotiations, community engagement, existing tenants, linkages, parking
issues and the Athfield Report.
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Moved (Mayor Dave Cull/Cr Chris Staynes):
That the Council:
Adjourns the meeting.
Motion carried (CNL/2016/124)
The meeting adjourned
from 2.55 pm to 3.12 pm.
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Moved (Cr
Jinty MacTavish/Cr David Benson-Pope):
That the Council:
a) Progresses
further community engagement with the South Dunedin community around the
location and design of the South Dunedin Community Hub, including ways to
mitigate concerns or incorporate ideas raised through consultation to date.
b) Approves
in principle the concept of a South Dunedin Community Hub with the library
and service components based around one of the remaining King Edward Street
options.
c) Approves
the preferred concept to develop a combined three-site community hub which
links the Gasworks (Arthur Stone building), the Rankeilor Street Carpark, and
168 King Edward Street (the former BNZ) - but leaving the PACT building in
the investigation for consideration as the King Edward Street site also.
d) Authorises
Property to test locations, services and facility options, and to negotiate
with property owners and tenants where necessary.
e) Notes that a report
will be provided on the outcome of the negotiations and community engagement,
to inform a final decision as part of the 2017/18 Annual Plan process, and
that no purchase of any King Edward Street site for the library and service
component will progress without coming back to Council.
There was debate on the motion.
Motion carried (CNL/2016/125)
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27 Ara
Toi and City of Literature Update
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A report from Services and Development provided an update
setting out delivery on Ara Toi Otepoti: Our Creative Future:
Dunedin’s Arts and Culture Strategy during 2015/16.
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Staff responded to questions from Councillors.
Thanks were conveyed to staff for their efforts so far.
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Moved (Cr Chris Staynes/Cr Neville
Peat):
That the Council:
a) Notes the Ara
Toi and City of Literature Update report.
Motion carried (CNL/2016/126)
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28 Review
Reserves Bylaw 2005
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A report from
Parks and Recreation confirmed that a review of the Dunedin City Council
Reserves Bylaw 2005 was underway. The Reserves Bylaw 2005 was due for
review prior to 30 April 2017 in accordance with section 159 of the Local
Government Act 2002.
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Staff responded to questions from Councillors.
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Moved (Cr Hilary Calvert/Cr Andrew
Noone):
That the Council:
a) Notes that
a review of the Reserves Bylaw 2005 has commenced and is programmed to be
completed before 30 April 2017.
b) Agrees
that the scope of the review is to include the current bylaw clauses,
together with any necessary amendments to other bylaws concerning the use of
vehicles within reserves and dogs within reserves.
c) Notes that
a report recommending next steps will be presented to a future Council
meeting.
Motion carried (CNL/2016/127)
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29 Heritage
Rates Relief 2016/2017 Report One
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A report from
Community and Planning concerned rates relief recommendations for five
earthquake strengthening and re-use projects. The applications met the
purpose of the 'Contestable Fund for Rates Relief for Heritage Buildings'
policy, which offered relief as an incentive for restoration and upgrade, and
recognised the investment in seismic, fire, and other upgrades on heritage
buildings. Details and recommendations for each project were
provided.
The report also signalled two projects that were likely to
be eligible for the second rates relief policy adopted by Council, the 'Contestable
Fund for Rates Relief for the Comprehensive Re-use of Heritage Buildings' ("rates
freeze") policy. It was suggested that these projects were offered
two years rates relief under the first re-use policy during the construction
period before they became eligible and transition to the "rates
freeze" policy.
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Crs Hilary Calvert and Andrew Whiley withdrew from the
meeting at 3.53 pm.
Staff responded to questions from Councillors.
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Moved (Cr David Benson-Pope/Cr Kate
Wilson):
That the Council:
a) Grants
100% rates relief (based on the general rate amount of $1 944.16) for two
years to Big Steam Investments Limited for the comprehensive re-use of
135 Cumberland Street. The project will transition to the
"rates freeze" scheme once completed and re-valued. The rates
relief to commence in the 2016/17 financial year.
b) Grants
30% rates relief (based on the general rate amount of $12,072.84) for one
year to Van Aart Sycamore Lawyers Limited for the adaptive re-use of the
attic space at 205 Princes Street. The rates relief to commence in the
2016/17 financial year.
c) Grants
50% rates relief (based on the general rate amount of $5,107.74) for one year
to Hugh Chin for the seismic upgrade of 274 George Street. The rates
relief to commence in the 2016/17 financial year.
d) Grants
50% rates relief (based on the general rate amount of $9,489.14) for one year
to Tom and Sally Haw for the seismic upgrade of 349 George Street. The
rates relief to commence in the 2016/17 financial year.
e) Grants
100% rates relief (based on the general rate amount of $3,250.38) for two
years to Zeal Land Limited for the comprehensive re-use of 43 Crawford
Street. The project will transition to the "rates freeze"
scheme once completed and re-valued. The rates relief to commence in
the 2016/17 financial year.
f) Grants
100% rates relief (based on the general rate amount of $2,621.97) for one
year to Willowstone Limited for the comprehensive re-use of 6A
Willowbank. The rates relief to commence in the 2016/17 financial year.
g) Grants
100% rates relief (based on the general rate amount of $1,431.72) for one
year to Geoffrey Anderson for the seismic upgrade of 282 South
Road. The rates relief to commence in the 2016/17 financial year.
h) Approves
the publication of the decisions and minutes once the applicants have been
notified of the decisions.
Motion carried (CNL/2016/128)
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Cr Benson-Pope conveyed the Council's thanks to Dr Glen
Hazelton, who was leaving the Council, for his work which had added to the
beauty and development of the city. He commented on the letters of
commendation received regarding what the city looked like, his relationships
with stakeholders, and the various tools he had developed over time. He
acknowledged Glen's contribution to Dunedin and wished him well for the future.
Crs Hilary Calvert and Andrew Whiley returned to the meeting
at 4.00 pm.
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Resolution to exclude the public
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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:
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General subject of the matter to be
considered
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Reasons
for passing this resolution in relation to each matter
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Ground(s) under
section 48(1) for the passing of this resolution
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Reason for
Confidentiality
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C1
Ordinary Council meeting - 1 August 2016 - Public Excluded
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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.
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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.
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C2
Audit and Risk Subcommittee - 28 June 2016 - Public Excluded
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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.
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)(b)(ii)
The
withholding of the information is 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)(a)
The
withholding of the information is necessary to protect the privacy of
natural persons, including that of a deceased person.
S6(a)
The
making available of the information would be likely to prejudice the
maintenance of the law, including the prevention, investigation, and
detection of offences and the right to a fair trial.
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.
S7(2)(c)(ii)
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 damage the
public interest.
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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.
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C3
Audit and Risk Subcommittee - 2 August 2016 - Public Excluded
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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.
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)(ii)
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 damage the
public interest.
S7(2)(b)(ii)
The
withholding of the information is 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)(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.
S7(2)(c)(ii)
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 damage the
public interest.
S7(2)(a)
The
withholding of the information is necessary to protect the privacy of
natural persons, including that of a deceased person.
S6(b)
The
making available of the information would be likely to endanger the safety
of a person.
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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.
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C4
Annual Review - Dunedin City Council, Treasury Risk Management Policy
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S7(2)(h)
The
withholding of the information is necessary to enable the local authority
to carry out, without prejudice or disadvantage, commercial activities.
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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.
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C5
Proposed Development of DCC Owned Central City Site
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S7(2)(h)
The
withholding of the information is necessary to enable the local authority
to carry out, without prejudice or disadvantage, commercial activities.
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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.
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This report is
confidential to protect Council's position in respect of the sale and
development of the Moray Place and Filleul Street site.
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C6
Rates Relief Grant Application
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S7(2)(b)(ii)
The
withholding of the information is 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.
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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.
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C7
Lawson Street - Access Options
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S7(2)(g)
The
withholding of the information is necessary to maintain legal 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).
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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.
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This report is
confidential because release of the information could prejudice
negotiations with affected landowners. The report also provides
details of Council's legal position which is privileged and will need to be
relied on if negotiations fail.
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C8
Emergency Management Shared Service Review Delegation
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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).
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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.
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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, 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/2016/129)
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The meeting moved into
confidential at 4.01 pm.
