Minutes of Council - 6 December 2016

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 6 December 2016, 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), Graham McKerracher (Manager, Council Communications and Marketing), Simon Pickford (General Manager Community Services), Kristy Rusher (Manager Civic and Legal), Ruth Stokes (General Manager Infrastructure and Networks), Gavin Logie (Acting Chief Financial Officer), Nicola Pinfold (Group Manager Community and Planning), Joy Gunn (Manager Events and Community Development), Jendi Paterson (Recreation Planning and Facilities Manager), Tom Dyer (Acting Group Manager Parks and Recreation), Kevin Mechen (Secretary, District Licensing Committee), Adrian Blair (Group Manager Customer and Regulatory Services), Lawrie Warwood (Financial Analyst), Anna Johnson (City Development Manager), Paul Freeland (Senior Planner), Cam McCracken (Dunedin Public Art Gallery Director) and Jamie Shaw (Senior Communications Advisor)

Governance Support Officer Pam Jordan

1 Opening

Very Reverend Dr Trevor James, Dean, St Paul's Cathedral, opened the meeting with a prayer.

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:

Item C2 to be considered as the next item as advisers on this item are required to leave the meeting early.

Motion carried (CNL/2016/164)

5 Declarations of Interest

Members were reminded of the need to recognise and declare interests and to manage any conflicts between those interests and their role as an elected representative.

Moved (Cr David Benson-Pope/Cr Mike Lord):

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/2016/165)

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

C2 Heads of Agreement to proceed with due diligence on inner city site

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)(h)

The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

S7(2)(i)

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

S48(1)(a)

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 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 Messrs Scott Pickering, Mark Dossor, Ian Purdy and Simon Beattie be permitted to remain at this meeting after the public has been excluded because of their knowledge of Item C2. This knowledge, which will be of assistance in relation to the matters to be discussed, is relevant because they are involved in the negotiations.

Motion carried (CNL/2016/166)

The meeting moved into non-public at 1.03 pm and resumed in public at 1.58 pm.

2 PUBLIC FORUM

2.1 Council's Decision to Oppose Drilling off Otago Coast

Peter Foster addressed the meeting concerning the Council's decision to oppose fossil fuel exploration off the Otago Coast. He circulated information in support of his submission. Mr Foster considered that the Council's decision was based on pressure and inaccurate information. He commented on confusion relating to climate change and noted that climate models were based on projections rather than data that came out of the real world.

Mr Foster commented on carbon dioxide and temperature changes over the last 600 million years and believed that climate changes during this time were not caused by carbon dioxide. He also commented on atmospheric carbon dioxide, climate models, solar activity, sea levels, global temperatures and extreme weather.

Mr Foster responded to questions from Councillors.

Cr Doug Hall left the meeting from 2.17 pm to 2.26 pm during the course of questions.

2.2 Aramoana Pilots' Wharf Restoration

John Davis and Tracey Densem, Aramoana Pilots' Wharf Restoration Trust, addressed the meeting concerning the Pilots' Wharf Restoration Project. They tabled information showing the location and history of the wharf, part of an archaeological and heritage assessment and details of the state of the wharf.

The group noted that recreational wharf assets had passed to the Dunedin City Council at the time of the 1989 local body amalgamation but had not been maintained and needed restoration. A trust had been set up to facilitate the restoration of the wharf in the same footprint. The Trust had engaged expertise and had a number of local and national supporters. There were health and safety issues with the current structure and the Trust wished the Council to proceed with a concession application to the Department of Conservation as soon as possible so it could get on with the restoration.

Mr Davis and Ms Densem responded to questions from Councillors.

6 CONFIRMATION OF MINUTES

6.1 Ordinary Council meeting - 15 November 2016

Moved (Mayor Dave Cull/Cr Chris Staynes):

That the Council:

Confirms the minutes of the Ordinary Council meeting held on 15 November 2016 as a correct record.

Motion carried (CNL/2016/167)

Minutes of Community Boards

7 Waikouaiti Coast Community Board - 26 October 2016

Moved (Cr Jim O'Malley/Cr Kate Wilson):

That the Council:

a) Notes the minutes of the inaugural Waikouaiti Coast Community Board meeting held on 26 October 2016.

Motion carried (CNL/2016/168)

8 Waikouaiti Coast Community Board - 9 November 2016

Moved (Cr Jim O'Malley/Cr Kate Wilson):

That the Council:

a) Notes the minutes of the Waikouaiti Coast Community Board meeting held on 9 November 2016.

Motion carried (CNL/2016/169)

9 Otago Peninsula Community Board - 27 October 2016

Moved (Cr Andrew Whiley/Cr Aaron Hawkins):

That the Council:

a) Notes the minutes of the inaugural Otago Peninsula Community Board meeting held on 27 October 2016.

Motion carried (CNL/2016/170)

10 Otago Peninsula Community Board - 10 November 2016

Moved (Cr Andrew Whiley/Cr Aaron Hawkins):

That the Council:

a) Notes the minutes of the Otago Peninsula Community Board meeting held on 10 November 2016.

Motion carried (CNL/2016/171)

11 Strath Taieri Community Board - 27 October 2016

Moved (Cr Christine Garey/Cr Kate Wilson):

That the Council:

a) Notes the minutes of the inaugural Strath Taieri Community Board meeting held on 27 October 2016.

Motion carried (CNL/2016/172)

12 Strath Taieri Community Board - 10 November 2016

Moved (Cr Christine Garey/Cr Kate Wilson):

That the Council:

a) Notes the minutes of the Strath Taieri Community Board meeting held on 10 November 2016.

Motion carried (CNL/2016/173)

13 Mosgiel-Taieri Community Board - 26 October 2016

Moved (Cr Mike Lord/Cr Doug Hall):

That the Council:

a) Notes the minutes of the inaugural Mosgiel-Taieri Community Board meeting held on 26 October 2016.

Motion carried (CNL/2016/174)

14 Mosgiel-Taieri Community Board - 22 November 2016

Moved (Cr Mike Lord/Cr Doug Hall):

That the Council:

a) Notes the minutes of the Mosgiel-Taieri Community Board meeting held on 22 November 2016.

Motion carried (CNL/2016/175)

15 West Harbour Community Board - 26 October 2016

Moved (Cr Aaron Hawkins/Cr Marie Laufiso):

That the Council:

a) Notes the minutes of the inaugural West Harbour Community Board meeting held on 26 October 2016.

Motion carried (CNL/2016/176)

16 West Harbour Community Board - 16 November 2016

Moved (Cr Aaron Hawkins/Cr Marie Laufiso):

That the Council:

a) Notes the minutes of the West Harbour Community Board meeting held on 16 November 2016.

Motion carried (CNL/2016/177)

17 Saddle Hill Community Board - 27 October 2016

Moved (Cr Conrad Stedman/Cr Rachel Elder):

That the Council:

a) Notes the minutes of the inaugural Saddle Hill Community Board meeting held on 27 October 2016.

Motion carried (CNL/2016/178)

18 Saddle Hill Community Board - 17 November 2016

Moved (Cr Conrad Stedman/Cr Rachel Elder):

That the Council:

a) Notes the minutes of the Saddle Hill Community Board meeting held on 17 November 2016.

Motion carried (CNL/2016/179)

Reports

19 Temporary Alcohol Restriction for Orientation 2017

A report from Customer and Regulatory Services advised that the Otago University Students Association (OUSA) had requested that the Council consider implementing a temporary alcohol restriction in the North Dunedin area for the four scheduled events associated with the University's 2017 Orientation week (Attachment A of the report). The events were to be held at the Forsyth Barr Stadium.

The area for the proposed restriction was bounded by Albany Street, Riego Street, Harbour Terrace and Dundas Street, Butts Road, Anzac Avenue, State Highway 88 and Anzac Avenue back to Albany Street (Attachment C of the report).

The Police supported the temporary restriction and would like more advertising of its existence.

An amended map of the proposed area of restriction was circulated.

The Group Manager Customer and Regulatory Services and Secretary, District Licensing Committee responded to questions from Councillors.

Moved (Cr Kate Wilson/Cr Chris Staynes):

That the Council:

a) Approves the implementation of a temporary alcohol restriction between 6.00 pm and 12.00 midnight on Tuesday 21 February, Wednesday 22 February, Thursday 23 February and Friday 24 February 2017 in the area bounded by Albany Street, Riego Street, Harbour Terrace and Dundas Street, Butts Road, Anzac Avenue, State Highway 88 and Anzac Avenue back to Albany Street.

Motion carried (CNL/2016/180)

Crs David Benson-Pope, Aaron Hawkins and Kate Wilson, members of the Hearings Subcommittee, withdrew and left the meeting at 2.48 pm. Cr Mike Lord also left the meeting at this point.

20 Appeal to Environment Court on Otago Regional Council Regional Policy Statement

A report from Community and Planning provided a summary of the appeal to the Environment Court on the Otago Regional Council's (ORC) Proposed Regional Policy Statement (RPS). The ORC decision on the RPS was notified on Saturday 1 October 2016, and the appeal period had been extended and would now close on Friday 9 December 2016.

The detailed appeal (Attachment A of the report), followed the format of the DCC submission and set out specific changes requested in respect of each chapter of the RPS and the reasons for the requests.

The City Development Manager and Senior Planner responded to questions from Councillors.

Moved (Cr Chris Staynes/Cr Doug Hall):

That the Council:

a) Approves the appeal to the Environment Court on the ORC decision on the Proposed Regional Policy Statement 2015; and

b) Approves ability to resolve the appeals in line with the Committee Structure and Delegations Manual.

Motion carried (CNL/2016/181)

Crs David Benson-Pope, Aaron Hawkins and Kate Wilson returned to the meeting at 2.51 pm.

Mayor Dave Cull declared an interest as the Chair of the Cosy Homes Charitable Trust and left the meeting at 2.51 pm and Cr Staynes took the Chair. Cr Mike Lord returned to the meeting at 2.51 pm.

21 Cosy Homes Charitable Trust Otago funding update

A report from Community and Planning provided information on funding of the Cosy Homes Charitable Trust Otago (the Trust) and sought approval to release $25,000 of budgeted funding to the Trust.

The Council provided $75,000 to the Trust in the 2015/16 year; comprised of $25,000 from the annual rates revenue and $50,000 from the Consumer Electricity Fund (CEF).

The Council requested this report – at the 2015/16 Annual Plan deliberations – outlining the Trust's outputs and funding streams – to be presented before the $25,000 rates-based funding was confirmed for release to the Trust in the 2016/17 year.

The Manager Events and Community Development and Group Manager Community and Planning responded to questions from Councillors.

Moved (Cr Doug Hall/Cr Kate Wilson):

That the Council:

a) Notes this item is currently part-funded ($25,000 through rates on-going).

b) Confirms the allocation of $25,000 be released to the Cosy Homes Charitable Trust Otago in the 2016/17 year.

Motion carried (CNL/2016/182)

22 Funding Cosy Homes from the Consumer Electricity Fund

A report from Community and Planning considered allocation of a grant from the Consumer Electricity Fund (CEF) to the Cosy Homes Charitable Trust Otago (the Trust). The report recommended $25,000 should be granted in the 2016/17 year and $20,000 in the 2017/18 year. A separate report had been provided to the Council outlining the outputs of the Trust during the 2016 calendar year, and its current income streams. The report specifically requested funding be allocated from the CEF to the Trust, for the purposes of supporting the Trust's vision that "Everyone lives in a warm and healthy home". The Trust's mission was "Making every home in Dunedin warm and cosy by 2025" and its vision and mission aligned with the Council's Social Wellbeing Strategy.

Moved (Cr Mike Lord/Cr Damian Newell):

That the Council:

a) Grants $25,000 in 2016/17 and $20,000 in 2017/18 from the Consumer Electricity Fund to Cosy Homes Charitable Trust Otago for the purposes of supporting home insulation within the city.

Motion carried (CNL/2016/183)

Mayor Dave Cull returned to the meeting and resumed the Chair at 2.59 pm.

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, excludes 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 Request for Funding

S7(2)(h)

The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

S48(1)(a)

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 Aurora/Delta Review Progress report

S7(2)(b)(ii)

S7(2)(h)

The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

S48(1)(a)

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.

That Mr Keith Cooper be permitted to remain at this meeting after the public has been excluded because of his knowledge of Item C3. This knowledge, which will be of assistance in relation to the matters to be discussed, is relevant because he is a Director of Dunedin City Holdings Ltd.

Motion carried (CNL/2016/184)

The meeting moved into non-public at 3.01 pm and resumed in public at 4.50 pm.

Adjournment of meeting

Moved (Mayor Dave Cull/Cr Chris Staynes):

That the Council

Adjourns the meeting.

Motion carried (CNL/2016/185)

The meeting adjourned from 4.50 pm to 4.54 pm.

23 Re-Thinking Public Art in Dunedin

A report from Arts and Culture discussed the approach for public art planning and commissioning in Dunedin. This was identified as a critical piece of work for delivery on Ara Toi Otepoti - Our Creative Future: Dunedin's Arts and Culture Strategy (Ara Toi), set as an initial action and specifically funded by the Council.

New ways of thinking about public art were explored in the report Re-thinking Public Art in Dunedin. Drawing on this, staff proposed a framework for developing Dunedin's public art, the Public Art Framework 2017-22 (the Framework), which set out practical guidelines to commission and care for the Council's public art collection. The Framework recommended an independent trust to be set up to commission public art, and staff requested approval to engage with the public on the Framework.

The Dunedin Public Art Gallery Director and Group Manager Strategy and Governance spoke to the report and responded to questions from Councillors.

Moved (Cr Aaron Hawkins/Cr David Benson-Pope):

That the Council:

a) Notes Re-thinking Public Art in Dunedin;

b) Approves the Public Art Framework 2017-22 for public engagement, reporting back to Council by April 2017;

c) Requests proposed potential governance options, including funding and membership mechanisms, by April 2017;

d) Requests an urgent update on the development of work supporting Council's creative above ground infrastructure policy; and,

e) Approves the carry forward to 2017/18 of any unspent budgets associated with Council's public art programme in 2016/17.

Motion carried (CNL/2016/186)

24 Financial Result - Period Ended 31 October 2016

A report from Finance provided the financial results for the period ended 31 October 2016 and the financial position as at that date.

The Acting Chief Financial Officer responded to questions from Councillors.

Moved (Cr Chris Staynes/Cr Kate Wilson):

That the Council:

a) Notes the Financial Performance for the period ended 31 October 2016 and the Financial Position as at 31 October 2016.

Motion carried (CNL/2016/187)

25 Waipori Fund - September 2016 Quarter

A report from Finance appended a report from Dunedin City Treasury Limited providing information on the results of the Waipori Fund for the September 2016 quarter. It was noted that the report was written prior to the US Presidential Election and some comments in it were now outdated.

Moved (Cr Kate Wilson/Cr Christine Garey):

That the Council:

a) Notes the report from Dunedin City Treasury Ltd on the Waipori Fund – September 2016 quarter.

Motion carried (CNL/2016/188)

26 Appointment of Members to the Otago Museum Trust Board

A report from Mayor Dave Cull advised that the Dunedin City Council was required to appoint four members to the Otago Museum Trust Board within three months of the election under section 6(1) of the Otago Museum Trust Board Act 1996 (the Act).

Moved (Cr Mike Lord/Cr Andrew Whiley):

That the Council:

a) Approves the appointment of Graham Crombie, Kate Wilson and Chris Staynes as three Council representatives to the Otago Museum Trust Board.

b) Confirms the process for the remaining Council representative noting that a report will be provided to the February 2017 Council meeting with recommendations for the preferred appointee.

Motion carried (CNL/2016/189) Councillor Vandervis recorded his vote against.

27 Appointments to Outside Organisations

A report from Mayor Dave Cull advised that there were several organisations throughout the city to which the Council was required or entitled to appoint representatives under the terms of those organisations' constitutions. The report contained recommendations for those appointments.

Moved (Cr Christine Garey/Cr Aaron Hawkins):

That the Council:

a) Approves the appointments to the following outside organisations as proposed:

Committee Name

Appointment

Age Concern

One required:

1) Cr Marie Laufiso

Craigieburn Reserve Committee

Two required:

1) Cr Kate Wilson

2) To be advised – report back to a future meeting

Creative Dunedin Partnership

One required:

1) Cr Aaron Hawkins

Digital Community Trust

Two required:

1) Cr Andrew Whiley

2) Cr Damian Newell

Dunedin Abrahamic Interfaith Group

One required:

1) Cr Marie Laufiso

Dunedin Chinese Garden Advisory Board

One required:

1) Cr Doug Hall

Connect South (Dunedin Council of Social Services)

One required:

1) Cr Rachel Elder

Dunedin Fair Trading Committee

One required:

1) Cr Marie Laufiso

Dunedin Gasworks Museum Trust

One required:

1) Cr Damian Newell

Dunedin Heritage Fund Committee

Two required:

1) Cr David Benson-Pope (Chair)

2) Cr Lee Vandervis

Dunedin Otaru Sister City Society

One required:

1) Cr Andrew Whiley

Dunedin Public Art Gallery Society

Three required:

Cr Andrew Whiley

Cr Rachel Elder

Cr Mike Lord

Dunedin Public Art Gallery Acquisitions Committee

Two required:

1) Cr Aaron Hawkins

2) Cr Mike Lord

Dunedin Refugee Steering Group

(Councillor to Chair this meeting)

One required:

1) Cr Aaron Hawkins

Dunedin Shanghai Association (Sister City Society)

One required:

1) Cr Chris Staynes

Edinburgh Sister City Society

One required:

1) Cr Christine Garey

Fortune Theatre Board

One required:

1) Cr Christine Garey

Grow Dunedin Partnership

One required:

1) Cr Andrew Whiley

2) Cr Rachel Elder (alternate)

Keep Dunedin Beautiful

Three required:

1) Cr David Benson-Pope

2) Cr Rachel Elder

3) Cr Damian Newell

Maori Participation Working Party

Chairs of Committees Required

1) Mayor Dave Cull

2) Cr Chris Staynes

3) Cr David Benson-Pope

4) Cr Mike Lord

5) Cr Kate Wilson

6) Cr Aaron Hawkins

Masters Games Trust Board

One required:

1) Cr Damian Newell

Mahinerangi Catchment Environment

One required:

1) Cr Kate Wilson

Okia Reserve Management Committee

One required:

1) Cr Jim O'Malley

Otago Settlers Association

One required:

1) To be advised – report back to a future meeting

Otago Theatre Trust

One required:

1) Mayor Dave Cull

Puketai Residential Centre Liaison Committee

One required:

1) Cr Andrew Whiley

Road Safety Action Plan

One required:

1) Cr Jim O'Malley

Roading and Infrastructure Collaboration in the South of the South Island

One required:

1) Cr Kate Wilson

2) Cr Lee Vandervis (alternate)

Te Ao Tūroa Partnership

One required:

1) Cr David Benson-Pope

Te Poāri a Pukekura

One required:

1) Mr Neville Peat

Tertiary Precinct Planning Group

Two required:

1) Cr David Benson-Pope

2) Cr Kate Wilson

3) Cr Jim O'Malley (alternate)

4) Cr Damian Newell (alternate)

5) Cr Conrad Stedman (alternate)

Tertiary Sector Steering Group

One required:

1) Mayor Dave Cull

Theomin Gallery Management Committee

One required:

1) Cr Chris Staynes

Toitū Otago Settlers Museum Board

Three required:

1) Cr Doug Hall

2) Cr Rachel Elder

3) Cr Aaron Hawkins

Youth Partnership Advisory Group

One required:

1) Cr Rachel Elder

Motion carried (CNL/2016/190)

28 Meeting Schedule for 2017

A report from Civic and Legal sought the adoption of a meeting schedule for 2017 in accordance with Clause 19(6)(a) of Schedule 7 of the Local Government Act 2002 which allowed the Council to adopt a schedule of meetings to cover any future period that it considered appropriate.

Moved (Cr David Benson-Pope/Cr Andrew Whiley):

That the Council:

a) Approves the meeting schedule for 2017 as appended to the report.

b) Notes that community boards have confirmed their own meeting dates during the last meeting round.

Motion carried (CNL/2016/191)

Cr Christine Garey left the meeting at 5.38 pm.

29 Warrant Cards 2015/16

A report from Corporate appended for the Council's information a schedule of warrants that had been issued by the Chief Executive Officer in the 12-month period ending 31 October 2016.

Moved (Cr Kate Wilson/Cr Conrad Stedman):

That the Council:

a) Notes the Warrant Cards 2015/16 report for the period ending 31 October 2016.

Motion carried (CNL/2016/192)

The meeting concluded at 5.39 pm.

..............................................

MAYOR