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 21 February 2017, commencing at 1.00 pm

PRESENT

Mayor	Mayor Dave Cull
Deputy Mayor	Cr Chris Staynes
Members	Cr David Benson-Pope	Cr Rachel Elder
	Cr Christine Garey	Cr Doug Hall
	Cr Aaron Hawkins	Cr Marie Laufiso
	Cr Mike Lord	Cr Damian Newell
	Cr Jim O'Malley	Cr Conrad Stedman
	Cr Lee Vandervis	Cr Andrew Whiley
	Cr Kate Wilson

IN ATTENDANCE

Sue Bidrose (Chief Executive Officer), Sandy Graham (General Manager Strategy and Governance), John Christie (Director Enterprise Dunedin), Simon Pickford (General Manager Community Services), Kristy Rusher (Manager Civic and Legal), Ruth Stokes (General Manager Infrastructure and Networks), Jamie Shaw (Senior Communications Advisor), Andrea Jones (Communications Team Leader), Jendi Paterson (Recreation Planning and Facilities Manager), Ashley Reid (Parks and Recreation Planner), Maria Ioannou (Corporate Policy Manager), Jane Nevill (Corporate Planner) and Tami Sargeant (Senior Policy Analyst)

Governance Support Officer       Pam Jordan

1       Opening

Reverend Greg Hughson, University Chaplain, opened the meeting with a prayer.

2       Public Forum

2.1    High Performance Sport New Zealand – Road to Tokyo

Alex Baumann, Chief Executive Officer, High Performance Sport New Zealand attended the meeting together with Dean Horo, Regional Relationship and Facility Manager, and addressed the meeting concerning the value of high performance sport success, the performance of New Zealand athletes at the Rio de Janeiro Olympics and Paralympics in comparison with other nations, and the increasing number of medals won by New Zealand athletes in an increasing number of sports since 2000.  He also commented on facilities and the Key Facility Partners.

Mr Baumann responded to questions from Councillors.

2.2    Aramoana Ecological Area and Jetty

Bradley Curnow and Adrian Hall, Aramoana Conservation Trust addressed the meeting concerning the Aramoana Ecological Area and Jetty.  Mr Hall expressed the view that Aramoana was an extraordinary place, a sensitive area and home to many unique creatures.  He showed a number of photos of the area.  The Trust wished to protect the area and worked with the Department of Conservation to achieve this.

In response to questions Messrs Hall and Curnow asked the Council to rescind the decision to replace the wharf, or if not, to consider the knock-on effects and who would take responsibility for any negative effects.  The Department of Conservation needed to know how any negative effects would be mitigated.  They considered that there had been very little consultation but the pro and anti-jetty arguments had not been good for the community.  They also pointed out that sea lions had returned to the area when the jetty had fallen into disrepair.

2.3    Aramoana, Sea Lions and Other Ecological Matters

Janet Ledingham, Forest and Bird, addressed the meeting concerning Aramoana, sea lions and other ecological matters.  She provided a number of photos of sea lions and their pups in the proximity of the Aramoana wharf, some of which illustrated occasions on which people came too close to the sea lions.  She emphasised the need for people to keep their distance and considered that a new wharf would be incompatible with sea lions in the area.  She did not believe that the wharf should be used for increased recreational activity and was concerned about the protection of plants, birds and the saltmarsh.  In response to a question she doubted that wildlife and humans could co-exist in the space.  She was concerned that reinstatement of the wharf might drive away the sea lions from the area and considered that Aramoana needed to be protected as their habitat.  Consultation with different groups was needed over the wharf.

Miss Ledingham responded to questions from Councillors.

2.4    Ecological Implications of Aramoana Wharf Restoration

Sir Alan Mark addressed the meeting concerning the Ecological Implications of the Aramoana Wharf Restoration.  He noted that the land was vested in the Otago Conservation Board.  It was an area of ecological value and a unique and productive system.  Aramoana was a very natural area.  Its flora was incomparable in Otago and it was also home to bird life and sea lions.  Ecological areas should be managed in their natural state.  The boardwalk at Aramoana had been designed to provide an opportunity for interested members of the public to get into the salt marsh and appreciate it.  He considered that sea lions should not be disturbed.  Aramoana was an ecosystem unique in Otago and nationally significant.  The boardwalk and viewing of the area from the Monarch provided a lack of disturbance.  The wharf put people on the end of the saltmarsh and encouraged more visitation inappropriate to the area.

3       Apologies

An apology was received from Cr Kate Wilson for early departure.

Moved (Mayor Dave Cull/Cr Chris Staynes):

That the Council:

Accepts the apology.

Motion carried

4       Confirmation of agenda
	Moved (Mayor Dave Cull/Cr Chris Staynes): That the Council: Confirms the agenda without addition or alteration. Motion carried (CNL/2017/041)

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.

An interest register that had been updated following the issuing of the agenda was circulated.

Moved (Mayor Dave Cull/Cr Chris Staynes):

That the Council:

a)     Notes the Elected Members' Interest Register attached as Attachment A of the report; and

b)     Confirms the proposed management plan for Elected Members' Interests.

Motion carried (CNL/2017/042)

6       Confirmation of Minutes

6.1    Ordinary Council meeting - 6 December 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 6 December 2016 as a correct record. Motion carried (CNL/2017/043)

6.2    Ordinary Council meeting - 12 December 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 12 December 2016 as a correct record. Motion carried (CNL/2017/044)

6.3    Ordinary Council meeting - 23 AND 24 January 2017
	Moved (Mayor Dave Cull/Cr Andrew Whiley): That the Council: Confirms the minutes of the Council meeting held on 23 and 24 January 2017 as a correct record. Motion carried (CNL/2017/045)

Minutes of Community Boards

7       Waikouaiti Coast Community Board - 1 February 2017
	Moved (Cr Andrew Whiley/Cr Lee Vandervis): That the Council: a)     Notes the minutes of the Waikouaiti Coast Community Board meeting held on 1 February 2017. Motion carried (CNL/2017/046)

8       Otago Peninsula Community Board - 2 February 2017
	Moved (Cr Andrew Whiley/Cr Lee Vandervis): That the Council: a)     Notes the minutes of the Otago Peninsula Community Board meeting held on 2 February 2017. Motion carried (CNL/2017/047)

9       Mosgiel-Taieri Community Board - 8 February 2017
	Moved (Cr Andrew Whiley/Cr Lee Vandervis): That the Council: a)     Notes the minutes of the Mosgiel-Taieri Community Board meeting held on 8 February 2017. Motion carried (CNL/2017/048)

10     Saddle Hill Community Board - 9 February 2017

Moved (Cr Andrew Whiley/Cr Lee Vandervis): That the Council: a)     Notes the Part A items and public forum of the minutes of the Saddle Hill Community Board meeting held on 9 February 2017. b)     Approves the following Part B item of the minutes of the Saddle Hill Community Board meeting held on 9 February 2017:  Item 11:    Proposal to name Private Way off Chadwick Street, Fairfield. Motion carried (CNL/2017/049)

Reports

11     Botanic Garden/Town Belt Reserve - Proposed Easement in favour of Chorus
	A report from Parks and Recreation discussed an application by Chorus for the grant of an easement over part of the Dunedin Botanic Garden and recommended the easement be granted.  The easement was necessary to service the expansion of the Dunedin City Council Gig City wireless project, providing free wireless internet access to the public. The Council would be making two decisions:  first, a decision in its capacity as the administering body for the reserve and second, a decision to exercise the Minister of Conservation's delegation.
	Moved (Cr Mike Lord/Cr Kate Wilson): That the Council: a)     Grants a public purpose easement for the installation of wireless infrastructure equipment over the Dunedin Botanic Garden being part Town Belt, shown marked on Attachment A to the report, in favour of Chorus as easement in gross subject to the conditions outlined in the report and subject to survey. b)     Decides the criteria for exemption for public notification has been met. c)     Acting under its delegation from the Minister of Conservation dated 12 June 2013 and pursuant to s48 of the Reserves Act 1977, consents to the grant of public purpose easements for telecommunications infrastructure over the Dunedin Botanic Garden, being part Town Belt shown marked on Attachment A to the report, in favour of Chorus as easements in gross, subject to the conditions outlined in the report. Motion carried (CNL/2017/050)

12     Annual Plan Final Budget Options
	A report from the Office of the Chief Executive and Finance noted that during the Annual Plan meeting in January 2017, the Council resolved to consult on the inclusion of funds for both the Environment Strategy and work on food resilience.  These were the only proposed financial changes to the draft Annual Plan which was an exceptions based document.  Since that meeting, staff reviewed the budgets and now recommended the items should be funded in the draft Annual Plan from money previously identified in the Investment Account. In doing so, community engagement could focus on beginning the conversation with the community about the Long Term Plan 2018 and reinforcing the position that the current year's Annual Plan was an exceptions-only document.
	Staff commented on the report and responded to questions from Councillors.
	Moved (Cr Aaron Hawkins/Cr Chris Staynes): That the Council: a)     Includes in the Draft Annual Plan 2017/18 a budget of $50,000 for Food Resilience work. b) Includes in the Draft Annual Plan 2017/18 a budget of $150,000 for the delivery of Te Ao Turoa. c) Consults with the community, through the public engagement plan, on the options of maintaining that level of Te Ao Turoa resourcing or increasing it to $200,000 in 2017/18. d) Notes that all Annual Plan decisions made during deliberations in May will be informed by more accurate forecasting of Council income and expenditure for the 2016/17 year. Motion carried (CNL/2017/051) Cr Vandervis recorded his vote against

13     Community Engagement for Annual Plan 2017/18
	A report from Community and Planning proposed community engagement options to inform key stakeholders and the wider community on the content of the draft 2017/18 Annual Plan budgets and to provide opportunities for feedback.  This engagement process would also act as the first part of early engagement on the Long Term Plan (LTP) 2018.  A comprehensive and wide ranging engagement programme would be developed for the LTP. The budget updates for the 2017/18 Annual Plan which were considered by the Council in January 2017 did not involve significant or material changes from the LTP, meaning a consultation process was not legislatively required.  However, it was recommended that a community engagement process be undertaken, based around an information document which would set out the key messages about the 2017/18 Annual Plan.  A range of opportunities for engagement and feedback would be provided. Options for community engagement for the Annual Plan included opportunities for face to face dialogue with elected members, the distribution of key information, networking with communities and key stakeholders, and the use of online and social media.
	Staff responded to questions from Councillors.
	Moved (Cr Aaron Hawkins/Cr Marie Laufiso): That the Council: a) Notes the updates to the 2017/18 budget approved at the 23 January 2017 Council meeting have not resulted in significant or material changes to the forecast for the 2017/18 year in the LTP therefore there is no legislative requirement to consult. b) Resolves to hold formal hearings on the Draft Annual Plan 2017/18. c) Approves the menu of engagement options as presented by staff. d) Agrees that any face to face engagement about the Annual Plan will be conducted with the support of staff present. During the course of discussion staff provided explanations of the menu of engagement options and responded to questions from Councillors.
	Moved (Mayor Dave Cull/Cr Chris Staynes): That the Council: Adjourns the meeting. Motion carried The meeting adjourned from 2.17 pm to 2.30 pm.
	Motion a was put and carried. Motion b was put and lost on a division 6:9. Division The Council voted by division on Motion b. For:          Crs David Benson-Pope, Rachel Elder, Aaron Hawkins, Marie Laufiso, Damian Newell and Jim O'Malley (6). Against:     Crs Christine Garey, Doug Hall, Mike Lord, Chris Staynes, Conrad Stedman, Lee Vandervis, Andrew Whiley and Kate Wilson and Mayor Dave Cull (9). The division was declared LOST by 9 votes to 6 Motion c was put and carried with Cr Vandervis recording his vote against. Motion d was put and carried. Staff would come back to the Council on the menu of options. Motion carried (CNL/2017/052) (Motions a, c and d).

14     Delegations to the Hearings Committee
	A report sought a minor amendment to the delegations provided for the Hearings Committee.
	Moved (Cr Kate Wilson/Cr Chris Staynes): That the Council: a)     Approves the proposed amendments to improve the clarity of expression and delegating the power to resolve proceedings by negotiation to the Chief Executive or their delegate. Motion carried (CNL/2017/053)

Cr Kate Wilson left the meeting at 3.13 pm.

15     Notice of Motion - Dunedin Hospital Rebuild
	In accordance with Standing Order 26.1, a Notice of Motion was received from Crs David Benson-Pope and Aaron Hawkins for inclusion on the agenda for the Council meeting being held on Tuesday, 21 February 2017: This was originally requested to be considered at the Council meeting of 23 January 2017 but was referred to this meeting as it did not relate to the Annual Plan, which was the subject of the January meeting. The Council debated the proposal.
	Moved (Cr David Benson-Pope/Cr Aaron Hawkins): That the Council: a) Communicates to Government its complete opposition to a rebuild of Dunedin Hospital outside the central city b) Expresses a preference for the hospital to remain as close as possible to its current location c) Requests the immediate removal from consideration of any sites outside the scope of (a) and (b); and d) Asks other organisations, agencies and individuals who support this view to also convey it to Government. Division The Council voted by division. For:          Crs David Benson-Pope, Rachel Elder, Christine Garey, Aaron Hawkins, Marie Laufiso, Damian Newell, Jim O'Malley, Chris Staynes, Conrad Stedman and Andrew Whiley and Mayor Dave Cull (11). Against:     Crs Doug Hall, Mike Lord and Lee Vandervis (3). The division was declared CARRIED by 11 votes to 3 Motion carried (CNL/2017/054)

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 - 6 December 2016 - Public Excluded	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)(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.
C2  Ordinary Council meeting - 12 December 2016 - Public Excluded	S7(2)(a) The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person. S7(2)(b)(i) The withholding of the information is necessary to protect information where the making available of the information would disclose a trade secret. 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.	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.

Motion carried (CNL/2017/055)

The meeting moved into confidential at 3.39 pm.