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 1 May 2017, commencing at 12.00 noon

PRESENT

Mayor	Mayor Dave Cull
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), Graham McKerracher (Manager, Council Communications and Marketing), Richard Saunders (Acting General Manager Infrastructure and Networks), Nicola Pinfold (Group Manager Community and Planning), Jendi Paterson (Recreation Planning and Facilities Manager), Andrea Jones (Communications Team Leader), Jamie Shaw (Senior Communications Advisor), Joy Gunn (Manager Events and Community Development), Vicki Kestila (Masters Games Manager), Tom Dyer (Acting Group Manager Parks and Recreation), Maria Ioannou (Corporate Policy Manager) and Andrew Slater (Risk and Internal Audit Manager).

Governance Support Officer       Pam Jordan

1       Opening

Jane Beecroft, Dunedin Hare Krishna Community, opened the meeting with a prayer.

2       Public Forum

2.1    Public Forum - Council Communications Standards and Policy

Diane Yeldon addressed the meeting concerning Standards for Council Communication.  She had pre-circulated a presentation which asked the Council to consider adopting the principles in the Office of the Auditor-General's publication, "Good Practice for Managing Public Communications by Local Authorities".  In the document Ms Yeldon also commented on the Dunedin Hospital SOS Campaign resolution, the material produced for the campaign, and questioned whether it was a justified expense.

Ms Yeldon responded to questions from Councillors.

Cr Doug Hall left the meeting at 12.10 pm.

Cr Conrad Stedman entered the meeting at 12.11 pm.

There was discussion on the Dunedin Hospital SOS campaign and how it was funded.

2.2    Public Forum - Logan Park All-Weather Facility

Chris Wright (Chief Executive) and Matthew Holdridge (Chairman) of Football South addressed the meeting concerning the Logan Park All-Weather Facility Project and circulated a proposal.

Cr Doug Hall returned to the meeting at 12.14 pm.

Messrs Wright and Holdridge advised that Football South had completed a feasibility study and was on track for an exciting investment in football in the city.  They were working with Council on the project and thanked those involved, in particular the Parks and Recreation team.  Numbers of those involved in football were outlined, which included players, referees, helpers etc. 

It was proposed to build a dual turf multi-sport surface at Logan Park.  One surface would be dedicated to football and the other would cater for many sports.  The facility would cost $3 million to build and have 25,000 users per annum.  Fundraising had commenced and it was also hoped that the Council would contribute $1 million in the coming financial year.  Football South was looking for Council to support the facility so the rest of the funding (eg from FIFA) could be locked in.  Applications would be made to other bodies once a threshold was reached. 

The Football South representatives responded to questions from Councillors.

Mayor Cull requested Football South to provide a comprehensive proposal to staff as soon as possible so it could be considered during Annual Plan discussions.

3       Apologies
	Moved (Mayor Dave Cull/Cr Doug Hall): That the Council: Accepts the apology from Cr Chris Staynes.  Motion carried (CNL/2017/087)

4       Confirmation of agenda
	Moved (Mayor Dave Cull/Cr David Benson-Pope): That the Council: Confirms the agenda without addition or alteration. Motion carried (CNL/2017/088)

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.

Moved (Mayor Dave Cull/Cr Rachel Elder):

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/2017/089)

6       Confirmation of Minutes

6.1    Ordinary Council meeting - 28 March 2017
	Moved (Mayor Dave Cull/Cr Damian Newell): That the Council: Confirms the public part of the minutes of the Ordinary Council meeting held on 28 March 2017 as a correct record. Motion carried (CNL/2017/090)

Minutes of Committees

7       Infrastructure Services and Networks Committee - 10 April 2017
	Moved (Cr Kate Wilson/Cr Jim O'Malley): That the Council: a) Notes Part A items (1-9) and public forum of the minutes of the Infrastructure Services and Networks Committee meeting held on 10 April 2017. Motion carried (CNL/2017/091)

8       Community and Culture Committee - 11 April 2017
	Moved (Cr Aaron Hawkins/Cr Marie Laufiso): That the Council: a)     Notes Part A items (1-12) and public forum of the minutes of the Community and Culture Committee meeting held on 11 April 2017. b)     Takes Part C items of the minutes of the Community and Culture Committee held on 11 April 2017, in the non-public part of the meeting. Motion carried (CNL/2017/092)

9       Planning and Environment Committee - 11 April 2017
	Moved (Cr David Benson-Pope/Cr Conrad Stedman): That the Council: Confirms the public part of the minutes of the Planning and Environment Committee held on 11 April 2017 as a correct record. Motion carried (CNL/2017/093)

Minutes of Community Boards

10     West Harbour Community Board - 15 March 2017
	Moved (Cr Andrew Whiley/Cr Doug Hall): That the Council: a)     Notes the minutes of the West Harbour Community Board meeting held on 15 March 2017. Motion carried (CNL/2017/094)

11     Saddle Hill Community Board - 16 March 2017
	Moved (Cr Andrew Whiley/Cr Doug Hall): That the Council: a)     Notes the minutes of the Saddle Hill Community Board meeting held on 16 March 2017. Motion carried (CNL/2017/095)

Reports

12     Masters Games Service Level Agreement and Statement of Intent 2016 - 2018
	A report from Community and Planning presented the Statement of Intent (SOI) and Service Level Agreement (SLA) for the Dunedin (New Zealand) Masters Games Trust for approval. The Dunedin (New Zealand) Masters Games Trust was a Council Controlled Organisation (CCO), but had historically been exempted from the standard reporting requirements of a CCO.  However, the Trust Board voluntarily submitted a Statement of Intent and Service Level Agreement, a Pre-Games report and Post Games report to Council biennially.  There had been no changes made to the SOI since Council approved this in June 2015.  There had been one minor change to the Service Level Agreement in relation to the DCC management reporting line, since this document was last approved by Council in June 2015.
	Staff responded to questions from Councillors. Cr Doug Hall left the meeting from 12.55 pm to 1.01 pm during the course of discussion.
	Moved (Cr David Benson-Pope/Cr Damian Newell): That the Council: a)     Approves the 2016 – 2018 Dunedin (New Zealand) Masters Games Trust Statement of Intent. b)     Approves the 2016 – 2018 Dunedin (New Zealand) Masters Games Trust Service Level Agreement. Motion carried (CNL/2017/096)

13     Proposed DCC Carbon Management Policy
	A report from Community and Planning and Strategy and Governance advised that changes to the New Zealand Emissions Trading Scheme (ETS) would double the quantity of carbon credits ('NZUs') the Council needed to meet its ETS landfill liabilities, by 1 January 2019.  This impact was further exacerbated by the increasing cost of credits.  The market price of NZUs increased from around $7 in mid-2015 to $13.50 in April 2016, and trading was now at around $17.50 per NZU.  An NZU price cap of $25 remained in place under the ETS. In addition to ETS liabilities, the Council had a number of carbon management obligations embedded within its Strategic Framework, sector initiatives and business activity plans, which placed increasing demands on responsible carbon management and reduction efforts. The report built on a report considered at the Council meeting of 23 January 2017 that provided a range of options to address the anticipated phase-out of the transitional (one-for-two) treatment for landfill emission liabilities under the ETS. Subsequent to the January 2017 report and Council resolution, a number of minor changes were made to the Policy wording, and the proposed DCC Carbon Management Policy was referred to the Te Ao Tūroa Partnership for comment. The final version of the Carbon Management Policy was now proposed for Council adoption.
	Staff responded to questions from Councillors. There was discussion on the policy and its implications, and whether contractors should be included.
	Moved (Cr David Benson-Pope/Cr Damian Newell): That the Council: a) Adopts the Carbon Management Policy attached to the report. Division The Council voted by division. For:          Crs David Benson-Pope, Rachel Elder, Christine Garey, Doug Hall, Aaron Hawkins, Marie Laufiso, Mike Lord, Damian Newell, Jim O'Malley, Conrad Stedman, Kate Wilson and Mayor Dave Cull (12). Against:     Crs Lee Vandervis and Andrew Whiley (2). The division was declared CARRIED by 12 votes to 2 Motion carried (CNL/2017/097)

Resolution to exclude the public

Moved (Mayor Dave Cull/Cr Aaron Hawkins):

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 - 28 March 2017 - 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). 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)(g) The withholding of the information is necessary to maintain legal professional privilege. 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)(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. S6(b) The making available of the information would be likely to endanger the safety of a person. S7(2)(j) The withholding of the information is necessary to prevent the disclosure or use of official information for improper gain or improper advantage.	S48(1)(a) The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.
C2  Community and Culture Committee - 11 April 2017 - Public Excluded	S7(2)(j) The withholding of the information is necessary to prevent the disclosure or use of official information for improper gain or improper advantage.	S48(1)(a) The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.
C3  Planning and Environment Committee - 11 April 2017 - Public Excluded	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.	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.
C4  Proposed Road Stopping - Part Ings Avenue, Dunedin	S7(2)(g) The withholding of the information is necessary to maintain legal professional privilege.	S48(1)(a) The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.	This report is confidential because it provides details of the Council's legal position, which may need to be relied on if the Council cannot obtain affected landowners' agreement.
C5  Proposed Leases of Parts Park and Recreation Land to Various Lessees	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)(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.	To protect the privacy of the proposed lessees and to enable Council to carry on, without prejudice or disadvantage negotiations regarding the proposed leases.

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/2017/098)

The meeting moved into confidential at 1.32 pm.