Council

CONFIRMED MINUTES

 

Confirmed minutes of an ordinary meeting of the Dunedin City Council held in the Council Chamber, Municipal Chambers, The Octagon, Dunedin on Tuesday 30 May 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), Graham McKerracher (Manager, Council Communications and Marketing), Simon Pickford (General Manager Community Services) Ruth Stokes (General Manager Infrastructure and Networks), Kristy Rusher (Manager Civic and Legal), Jendi Paterson (Recreation Planning and Facilities Manager), Tom Dyer (Acting Group Manager Parks and Recreation), Maria Ioannou (Corporate Policy Manager), Bill Frewen (Senior Policy Analyst) and Tami Sargeant (Senior Policy Analyst)

 

Governance Support Officer       Jennifer Lapham

 

 

1       Opening

Reverend Siosifa Pole, Superintendent of the Dunedin Methodist Parish, opened the meeting with a prayer.

2       Public Forum

 

2.1    Public Forum - Unregistered Accommodation

 

Sue Rhodes, President, Otago Motel Association, addressed the meeting concerning unregistered accommodation and commented on the accommodation available through Airbnb and Book a Bach websites. 

Ms Rhodes advised that the Council should take action to control the effects on other businesses.  She commented that accommodation providers through these sites and other similar sites did not have to pay commercial rates and were not required to provide parking.  Ms Rhodes advised that the owners of this type of accommodation should be asked to pay registration and also charged mixed use rates.

 

2.2    Public Forum - Freedom Camping

 

Rhys Owen addressed the meeting concerning freedom camping.  He advised that he felt the proposed Bylaw review was not ready for public consultation.  He advised that the Council should provide 20 – 40 small areas which allowed five vehicles per site as opposed to providing large areas which had a greater impact.  

Mr Owen advised that he believed an advisory committee should be established to deal with the issue or a workshop held with the private sector to discuss the issue.

 

2.3    Public Forum – Freedom Camping and Reserves and Beaches Bylaw.

 

Geraldine Tait addressed the meeting on behalf of the Waikouaiti Coast Community Board concerning Freedom Camping and the Reserves and Beaches Bylaw. 

Ms Tait advised that she disagreed with the previous speaker, however as she had been advised that the proposed Freedom Camping Bylaw had been withdrawn from the agenda she would confine her remarks to the Reserves and Beaches Bylaw.

Ms Tait commented that a culture and attitude change was required regarding vehicles and dogs on the beach. 

She also commented that Warrington Beach should have been included as one of the special ecological areas and asked that it be included.  

 

2.4    Public Forum - Freedom Camping

 

Sarah Nitis, and Maurice Prendergast, Mosgiel-Taieri Community Board addressed the meeting concerning Freedom Camping.

Maurice Prendergast commented on the proposal to include Puddle Alley and expressed concern that the area would be despoiled.  He also commented that the Board had not had a chance to discuss the proposal as it had been removed from the agenda.  

Sarah Nitis advised that the view of the Board was that a line needed to be drawn between non self-contained vehicles and self-contained.  Mrs Nitis felt that ratepayers should not be paying for infrastructure for people who were not willing to pay for facilities.

 

2.5    Public Forum – Reserves and Beaches Bylaw 2017

 

Karen Anderson addressed the meeting concerning the Reserves and Beaches Bylaw.  Ms Anderson commented that there were great things in the bylaw but she would confine her remarks to issues relating to dogs.  She was concerned about the process for using the submissions on the Reserves and Beaches Bylaw going forward and if they would be used for the Dog Control Bylaw.  She commented that she believed the submission process was tainted based on an incorrect statement and if they were used for the Dog Control Bylaw this would taint that process.

 

2.6    Public Forum - Cameras in North Dunedin

 

Paul Gourlie addressed the meeting about his concerns about the lack of consultation in regards to the installation of CCTV cameras in North Dunedin.  Mr Gourlie commented that he did not believe the installation of CCTV cameras alone would make a difference in people's behaviour.  He advised that the change in behaviour in Castle and Hyde Streets was because the residents were being spoken to and encouraged to change.

 

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 alterations:

 

a)        In regard to Standing Order 21.1, Option C be adopted in relation to moving and seconding and speaking to amendments.

 

b)        Item 14 – Review of Camping Control Bylaw 2015 report be withdrawn.

 

Motion carried (CNL/2017/099)

 

 

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.

 

Cr David Benson-Pope declared an additional interest that he was a member of the New Zealand Labour Party.

 

 

Moved (Cr David Benson-Pope/Cr Chris Staynes):

That the Council:

 

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

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

Motion carried (CNL/2017/100)

 

6       Confirmation of Minutes

6.1    Ordinary Council meeting - 1 May 2017

 

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 May 2017 as a correct record.

 

 Motion carried (CNL/2017/101)

Minutes of Committees

7       Bylaws Subcommittee - 14 March 2017

 

Moved (Cr Andrew Whiley/Cr Mike Lord):

That the Council:

a)     Approves the minutes of the Bylaws Subcommittee (Reserves and Beaches Bylaw) meeting held on 14, 15 and 21 March and 5 April 2017.

Motion carried (CNL/2017/102)

 

Minutes of Community Boards

8       Mosgiel-Taieri Community Board - 3 May 2017

 

Moved (Cr Andrew Whiley/Cr Mike Lord):

That the Council:

a)     Notes the minutes of the Mosgiel-Taieri Community Board meeting held on 3 May 2017.

Motion carried (CNL/2017/103)

 

 

 

9       Otago Peninsula Community Board - 20 April 2017

 

Moved (Cr Andrew Whiley/Cr Mike Lord):

That the Council:

a)     Notes the minutes of the Otago Peninsula Community Board meeting held on 20 April 2017.

Motion carried (CNL/2017/104)

 

 

10     Saddle Hill Community Board - 4 May 2017

 

Moved (Cr Andrew Whiley/Cr Mike Lord):

That the Council:

a)     Notes the minutes of the Saddle Hill Community Board meeting held on 4 May 2017.

Motion carried (CNL/2017/105)

 

 

 

11     Strath Taieri Community Board - 20 April 2017

 

Moved (Cr Andrew Whiley/Cr Mike Lord):

That the Council:

a)     Notes minutes of the Strath Taieri Community Board meeting held on 20 April 2017.

Motion carried (CNL/2017/106)

 

 

 

12     Waikouaiti Coast Community Board - 19 April 2017

 

Moved (Cr Andrew Whiley/Cr Mike Lord):

That the Council:

 

a)     Notes the minutes of the Waikouaiti Coast Community Board meeting held on 19 April 2017.

 

Motion carried (CNL/2017/107)

 

 

 

Reports

13     Reserves and Beaches Bylaw 2017

 

A report from Parks and Recreation provided a recommendation that Council adopts the Proposed Reserves and Beaches Bylaw 2017 ("Bylaw") as recommended by the Bylaws Subcommittee.  The report noted that staff recommended accepting amendments to the Bylaw as recommended by the Bylaws Subcommittee following public consultation and a hearings process.

 

The Recreation Planning and Facilities Manager (Jendi Paterson) and Acting Group Manager Parks and Recreation (Tom Dyer) provided an overview of the proposed bylaw and responded to questions.

 

The Council was advised by staff that some of the maps had not been included in the papers and requested an adjournment so they could provide them.

 

 

 

Moved (Mayor Dave Cull/Cr Chris Staynes):

That the Council:

 

a)     Lay the item on the table until later in the meeting to allow staff to provide a copy of the maps.

 

Motion carried (CNL/2017/108)

 

 

14     Review of Camping Control Bylaw 2015

 

This item was withdrawn from the agenda.

 

15     Part Town Belt - Accessway, Queens Drive to Ross Street - proposed Easement

 

A report from Parks and Recreation provided an application by Delta on behalf of Aurora Energy Ltd for the grant of an easement over part of the Dunedin Town Belt and recommended the easement be granted. 

The report noted that the easement was to replace historic overhead lines with underground cabling.  In addition, the existing power poles would be removed and replaced with street light columns.

It also requested that the Council to make 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 Kate Wilson/Cr Jim O'Malley):

That the Council:

 

a)     Grants, as administering body of the Reserve pursuant to Section 48 of the Reserves Act 1977, an easement in gross to Aurora Energy Limited for the installation of underground cables and ancillary equipment over that part of the pedestrian accessway through the Dunedin Town Belt from Queens Drive to Ross Street, being approximately 360m2 (subject to survey) and part of Computer Freehold Register OT19C/15.

b)     Decides the criteria for exemption for public notification have been met.

c)     Acting under its delegation from the Minister of Conservation dated 12 June 2013 and pursuant to Section 48 of the Reserves Act 1977, an easement in gross to Aurora Energy Limited for the installation of underground cables and ancillary equipment over that part of the pedestrian accessway through the Dunedin Town Belt from Queens Drive to Ross Street, being approximately 360m2 (subject to survey) and part of Computer Freehold Register OT19C/15.

Motion carried (CNL/2017/109)

 

16     Part Town Belt - Queens Drive to Wallace Street proposed Easement

 

A report from Parks and Recreation provided an application by Delta on behalf of Aurora Energy Ltd for the grant of an easement over part of the Dunedin Town Belt and recommended the easement be granted. 

The report also noted that the easement was to replace historic overhead lines with underground cabling.  In addition, the existing power poles would be removed and replaced with street light columns.

 

Moved (Cr Aaron Hawkins/Cr Damian Newell):

That the Council:

 

a)     Grants, as administering body of the Reserve, pursuant to Section 48 of the Reserves Act 1977, an easement in gross to Aurora Energy Limited for the installation of underground cables and ancillary equipment over that part of the pedestrian accessway through the Dunedin Town Belt from Queens Drive to Wallace Street, being approximately 360m2 (subject to survey) and part Section 2 Survey Office Plan 469357 part Computer Freehold Register 702732.

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 Section 48 of the Reserves Act 1977, an easement in gross to Aurora Energy Limited for the installation of underground cables and ancillary equipment over that part of the pedestrian accessway through the Dunedin Town Belt from Queens Drive to Wallace Street, being approximately 360m2 (subject to survey) and part Section 2 Survey Office Plan 469357 part Computer Freehold Register 702732.

Motion carried (CNL/2017/110)

 

17     Long Term Plan 2018: Update and First Round of Supporting Documents

 

A report from Community and Planning provided an update on the development of the Long Term Plan 2018 (LTP).  The report also sought approval of the first round of supporting documents for the purposes of developing the LTP, including the community outcomes, city profile, and strategic significant forecasting assumptions.

 

Staff responded to questions and advised that another workshop on the indicators would be held.

 

 

Moved (Cr Chris Staynes/Cr Christine Garey):

That the Council:

 

a)     Adopts, for the purposes of developing the Long Term Plan 2018 and consulting with the community:

i)      the draft community outcome statements at Attachment A of the report;

ii)     the draft Dunedin city profile at Attachment B of the report;

iii)    the draft strategic significant forecasting assumptions as a supporting document at Attachment C of the report; and

iv)    the DCC Growth Projections May 2017 report as a supporting document at Attachment D of the report.

Motion carried (CNL/2017/111)

 

13a   Reserves and Beaches Bylaw 2017(continued)

 

Discussion continued on the Proposed  Reserves and Beaches Bylaw.

 

 

Moved (Cr Andrew Whiley/Cr Chris Staynes):

That the Council:

 

a)     Accepts the Bylaw Subcommittee's recommended decisions on the submission topics presented through public submissions.

b)     Resolves to adopt the Reserves and Beaches Bylaw 2017 with the amendments, as shown in the attachment to the staff report.

        c)     Determines that the proposed bylaw —

         (i)    is the most appropriate form of bylaw; and

         (ii)    does not give rise to any implications under the New Zealand Bill of Rights Act 1990.

d)     Resolves for the Reserves and Beaches Bylaw 2017 to commence on a date to be advertised by staff following the approval of the Bylaw by the Minister of Conservation.

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, Chris Staynes, Conrad Stedman, Andrew Whiley and Kate Wilson and Mayor Dave Cull (14).

Against:     Cr Lee Vandervis (1).

 

The division was declared CARRIED by 14 votes to 1

 

Motion carried (CNL/2017/112)

 

18     Appointment of Representative on the Regional Transport Committee

 

A report from Civic and Legal proposed that an elected member representative on the Regional Transport Committee was re-assigned.

 

Moved (Cr Kate Wilson/Cr Andrew Whiley):

That the Council:

 

a)     Appoints Councillor Jim O'Malley as the elected member representative on the Otago Regional Transport Committee.

b)     Appoints Councillor Kate Wilson as the alternate elected member representative on the Regional Transport Committee.

 Motion carried (CNL/2017/113)

 

19     Appointment of members to the District Licensing Committee

 

A report from Civic and Legal recommended the addition of a member to the District Licensing Committee.

 

Moved (Cr Chris Staynes/Cr Kate Wilson):

That the Council:

 

a)     Appoints Councillor Conrad Stedman as a member of the District Licensing Committee for a period of five years.

b)     Decides to seek expressions of interest from individuals suitably qualified and experienced to be appointed as members of the District Licensing Committee.

Motion carried (CNL/2017/114)

 

20     Dunedin Hospital SOS Update

 

Cr Doug Hall withdrew from this item.

A report provided an update on the activities that had been undertaken since Council resolved to communicate its opposition to any redevelopment of the hospital outside the central city. 

The report noted that to date, over 4,000 people had sent SOS forms to central government in support of the central city location.  A breakdown of the costs and activities was outlined in the report. 

 

A discussion took place on the report.

 

 

Moved (Cr Kate Wilson/Cr Chris Staynes):

That the Council:

 

a)     Notes the Dunedin Hospital SOS update. 

The Council voted by division.

 

For:          Crs David Benson-Pope, Rachel Elder, Christine Garey, Aaron Hawkins, Marie Laufiso, Mike Lord, Damian Newell, Jim O'Malley, Chris Staynes, Conrad Stedman and 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/2017/115)

 

 

Moved (Cr Kate Wilson/Cr Chris Staynes):

That the Council:

 

b)     Instructs the Chief Executive Officer to carry out an economic impact assessment of having a hospital closely located with the Otago University and CBD retail precinct.

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 Kate Wilson and Mayor Dave Cull (11).

Against:     Crs Mike Lord, Lee Vandervis and Andrew Whiley (3).

 

The division was declared CARRIED by 11 votes to 3

 

Motion carried (CNL/2017/116)

 

Cr Doug Hall returned to the meeting at this point.

 

21     Remuneration Authority - Consultation document

 

A report from the Chief Executive noted that the Remuneration Authority (the Authority) was currently reviewing various aspects of remuneration for Local Government elected members.  It noted that the review was in two parts.  The first part of the review required a response from Council by 19 June 2017 and any changes would take effect in the new determination issued from 1 July 2017. 

The report also noted that the second part of the review covered broader issues and would be the subject of a separate report that would be presented to Council in advance of the 20 October 2017 deadline.

 

The General Manager Strategy and Governance (Sandy Graham) responded to questions in relation to the report.

 

During the discussion Cr Kate Wilson left the meeting at 4.20 pm and returned at 4.23 pm.

 

In discussing the report it was noted that in the consultation documents it had been indicated that there would be a review of providing an expense allowance for child care facilities.  It was requested that the submission be amended to include support for this investigation.

 

 

Moved (Cr Aaron Hawkins/Cr Christine Garey):

That the Council:

 

a)     Approves the proposed submission to the Remuneration Authority, .

b)     Authorises the Mayor to make the submission on behalf of Council.

c)     Supports the plan for the Remuneration Authority to consult with the sector on childcare support for elected members, and proposes that this consultation occur as part of their consideration of Part Three matters.

 

Motion carried (CNL/2017/117) with Cr Vandervis recording his vote against.

 

 

 

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 - 1 May 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.

 

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/2017/118)

 

 

The meeting moved into confidential at 4.32 pm.