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 01 August 2017, commencing at 1.05 pm

 

PRESENT

 

Deputy Mayor - Chairperson

 

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), Kristy Rusher (Manager Civic and Legal), Jendi Paterson (Recreation Planning and Facilities Manager), Maria Sleeman (Projects and Asset Management), Tom Dyer (Planning and Delivery Manager), Fraser Liggett (Economic Development Programme Manager)

 

Governance Support Officer       Lynne Adamson

 

 

1       Opening

David Ellison, Upoko, Kāti Huirapa ki Puketeraki, opened the meeting with a karakia/prayer.

2       Public Forum

2.1    Public Forum - Proposal to Relocate Statue of Rev Dr Donald McNaughton Stuart

 

Dr Margot Skinner, Chairperson, Stuart Residence Halls Council, addressed the meeting requesting support from Council to relocate the statue of Rev Dr Donald McNaughton Stuart from Queens Gardens to a site yet to be determined in the University Campus.

Dr Skinner commented that the University Campus was a more appropriate site to lay Rev Dr Stuart at rest which could be done in conjunction with the University of Otago 150th anniversary celebrations in 2019.

2.2    Public Forum - Motorhome Friendly Towns

 

Neil Kennedy, NZ Motor Caravan Association addressed the meeting concerning the benefit of Dunedin becoming a Motorhome friendly.

Mr Kennedy advised that there were currently 45 cities and towns in New Zealand participating in the scheme and it was hoped more would sign up.  The scheme was designed to promote local events and activities to the 70,000 members and allow them to plan trips around the events.  The promotion was at no cost to the Council or organisations involved.

Mr Kennedy described the financial benefit to the city and explained the requirements for becoming a Motorhome Friendly City.  He urged Council to consider the concept.

 

 

2.3    Public Forum - Freedom Camping and how it relates to Tomahawk

 

Gavin Mead, tabled an expression of interest for future use of Tomahawk School Site on behalf of the New Zealand Motor Caravan Association Inc (NZMCA).

He advised that the NZMCA proposed to utilise the site as a members’ only motor caravan park similar to the park operating in Woodhaugh Street, Dunedin. 

Mr Mead responded to questions and advised that the site would be used by NZMCA members only.

  3     Apologies

 

Moved (Cr Chris Staynes/Cr Kate Wilson):

That the Council:

 

a)     Accepts the apology from Mayor Cull.

 

b)      Notes that Councillor Vandervis will be in attendance via audio link.

 

Motion carried (CNL/2017/001)

 

4       Confirmation of agenda

 

 

Moved (Cr Chris Staynes/Cr Kate Wilson):

That the Council:

 

Confirms the agenda with the following alteration:

 

-      In regard to Standing Order 2.1, Option C be adopted in relation to moving and seconding and speaking to amendments.

 

Motion carried (CNL/2017/002)

 

 

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 Hawkins requested his Declaration of Interest be updated to reflect that he was a Shareholder with Thank You Payroll and a member of the Green Party.

 

 

Moved (Cr Kate Wilson/Cr Doug Hall):

That the Council:

 

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

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

Motion carried (CNL/2017/003)

 

Councillor Vandervis entered the meeting at this point via audio link.

6       Confirmation of Minutes

6.1    Ordinary Council meeting - 27 June 2017

 

Moved (Cr Chris Staynes/Cr Damian Newell):

That the Council:

 

Confirms the public part of the minutes of the Ordinary Council meeting held on 27 June 2017 as a correct record.

 

 Motion carried (CNL/2017/004)

   Minutes of Community Boards

7       Mosgiel-Taieri Community Board - 19 July 2017

 

Moved (Cr Mike Lord/Cr Andrew Whiley):

That the Council:

a)     Notes the minutes of the Mosgiel-Taieri Community Board meeting held on 19 July 2017

b)     Approves the following Part B item(s) of the minutes of the Mosgiel-Taieri Community Board meeting held on 19 July 2017:    

Motion carried (CNL/2017/005)

 

8       Otago Peninsula Community Board - 6 July 2017

 

Moved (Cr Mike Lord/Cr Andrew Whiley):

That the Council:

a)     Notes the minutes of the Otago Peninsula Community Board meeting held on 6 July 2017

Motion carried (CNL/2017/006)

9       Saddle Hill Community Board - 13 July 2017

 

Moved (Cr Mike Lord/Cr Andrew Whiley):

That the Council:

a)     Notes the minutes of the Saddle Hill Community Board meeting held on 13 July 2017

Motion carried (CNL/2017/007)

 

10     Strath Taieri Community Board - 6 July 2017

 

Moved (Cr Mike Lord/Cr Andrew Whiley):

That the Council:

a)     Notes the minutes of the Strath Taieri Community Board meeting held on 6 July 2017

Motion carried (CNL/2017/008)

 

11     Waikouaiti Coast Community Board - 5 July 2017

 

The Waikouaiti Coast Community Board minutes were withdrawn from the agenda.

 

 

12     West Harbour Community Board - 19 July 2017

 

Moved (Cr Mike Lord/Cr Andrew Whiley):

That the Council:

a)     Notes the minutes of the West Harbour Community Board meeting held on 19 July 2017

Motion carried (CNL/2017/009)

 

Reports

13     2017 Dunedin City Flood Event Update

 

The Chief Executive Officer provided background information on the significant rainfall event which occurred in Dunedin City and across Otago on 21 July 2017.  She advised that the early warning enabled planning and measures to be put into place to prepare for the expected deluge of rain.

The Planning and Delivery Manager and the General Manager Strategy and Governance then provided an update on the infrastructure readiness and measures undertaken prior to the rainfall occurring such as assessment and cleaning of mud tanks; preparation of sandbagging facilities; and liaison with key communities. 

Councillor Hall left the meeting at 1.45pm and returned at 1.49pm. 

The heavy rain caused flooding, property damage across the city with a wide range of problems from slips to minor road damage.  83 assessments had been fully completed with the DCC sites requiring geotech or follow-up assessments.  There had been a large number of road closures but most were now open.  Two heritage bridges had been seriously damaged in the floods and staff were working with the New Zealand Historic Board Trust and Community Boards on how best to repair/replace the structures.

The General Manager Strategy and Governance spoke of the resources that had been made available across the city which resulted in prompt, efficient response to problems as they arose. 

Staff then responded to questions on the volume of water; affected areas and the positive community response in particular in the Mosgiel; Otago Peninsula; Saddle Hill and Waikouaiti Coast Community Board areas.  The impact to rural properties on the Taieri was acknowledged and staff advised that Council had provided a range of measures to help with immediate support.  There were on-going challenges for farmers as water was yet to fully recede.

Councillor Hawkins left the meeting at 2.02pm and returned at 2.04pm.

 

 

Moved (Cr Chris Staynes/Cr Kate Wilson):

That the Council:

 

 

a)    Acknowledge with thanks, the work of Council staff, Otago Regional Council, contractors, emergency services and community volunteers for a job well done in working through the July 2017 flood event and recovery phases.

 

Motion carried (CNL/2017/010)

 

14     Economic effects of proposed hospital redevelopment

 

A report from Enterprise Dunedin noted that Council had instructed the Chief Executive Officer to commission an economic impact assessment report on the proposed hospital redevelopment. 

The assessment concluded that the development would add approximately 0.4% to Dunedin's Gross Domestic Product (GDP) for seven years or an additional $21m per annum.   The assessment also considered five site options currently identified by the Crown as part of a business case for the redevelopment. The analysis suggests 'modified status quo' (expanded current site) as most advantageous in terms of central city businesses and relationship with the university. 

 

 

The Director Enterprise Dunedin and Economic Development Programme Manager spoke to the report and responded to questions.

 

 

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

That the Council:

 

 

a)    Notes the Economic Effects on Dunedin on the Proposed Hospital Redevelopment report prepared by Infometrics and confirm its current position.

 

        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, Chris Staynes, Conrad Stedman and Kate Wilson (12).

 

        Against:   Crs Lee Vandervis and Andrew Whiley (2).

 

The division was declared CARRIED by 12 votes to 2

 

Motion carried (CNL/2017/011)

 

 

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

That the Council:

 

b)  Reiterates that Council are willing to assist with any requests to help facilitate the Hospital rebuild in the Central Business District.

 

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, Chris Staynes, Conrad Stedman, Andrew Whiley and Kate Wilson (13).

 

          Against:   Cr Lee Vandervis (1).

 

        The division was declared CARRIED by 13 votes to 1

 

Motion carried (CNL/2017/012)

 

15     Review of the Alcohol Ban area

 

A report from Customer and Regulatory Services noted that at the meeting held on 12 December 2016 the Council approved a minor extension to the central city alcohol ban area, and noted that staff would report back regarding a wider extension of the alcohol bylaw in the central city and to an area in North Dunedin in 2017. 

The report advised that following discussions with the Police Area Commander and University of Otago’s Vice Chancellor it became apparent that there was no support for a further extension of the areas covered by the alcohol control bylaw at this time.

 

 

Cr Lord left the meeting at 3.15pm and returned at 3.17pm.

 

 

Moved (Cr Kate Wilson/Cr Damian Newell):

That the Council:

 

a)     Resolves that the alcohol ban area remains unchanged and consideration be given to a further review in five years’ time (2022) or sooner if the situation merits an earlier review.

Motion carried (CNL/2017/013)

 

16     Submission to Inquiry into the 2016 Local Authority Elections

 

A report from Civic and Legal noted that following each Local Authority Election, Parliament holds an inquiry into any matters arising from that election.

Public submissions on the Justice and Electoral Committee's Inquiry into the 2016 Local Authority Elections have now opened.  The closing date for submissions is 22 August 2017.

Following discussion it was agreed that the submission would be circulated to Councillors for further comment and the final draft would be presented to the Community and Culture Committee meeting for approval.

 

 

 

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

That the Council:

 

a)         Refer the submission for final approval to the Community and Culture Committee.

b)        Delegates to the Community and Culture Committee the power to approve the submission to be made to the Inquiry into the 2016 Local Authority Elections.

 Motion carried (CNL/2017/014)

 

17     Dunedin Destination Plan Hearings Committee

 

Councillors Whiley, Wilson, Garey and Staynes withdrew from this item and Councillor Benson-Pope assumed the Chair.

 

Councillors Newell and Whiley left the meeting at 3.45pm and returned at 3.49pm.

 

A report from Civic and Legal and Enterprise Dunedin sought approval for the establishment of a Hearings Committee to consider submissions on the proposed Dunedin Destination Plan. 

The Director, Enterprise Dunedin responded to questions and advised that the Destination Plan would replace the current Visitor Strategy. 

 

Moved (Cr Aaron Hawkins/Cr Damian Newell):

That the Council:

 

a)     Establishes a Dunedin Destination Plan Hearings Committee to hear submissions and recommend to Council any:

(i)     amendments or improvements to the proposed Dunedin Destination Plan;

        (ii)    additional activities that are necessary or desirable to implement the         Dunedin Destination Plan.

b)     Appoints the members of the Hearings Committee as follows:

      (i)    Councillor Chris Staynes (Chair);

      (ii)    Councillor Christine Garey;

      (iii)   Councillor Andrew Whiley.

c)   Delegates to the General Manager Strategy and Governance the power to       appoint one independent member.

Motion carried (CNL/2017/015)

 

Councillor Staynes assumed the Chair

18     Part Sawyers Bay Recreation Reserve proposed Drainage Easement

 

A report from Parks and Recreation discussed an application by the Dunedin City Council, Water and Waste Services department for the grant of an easement (right to drain water) over part of the Sawyers Bay Recreation Reserve and recommended that the easement be granted.

 

Moved (Cr Kate Wilson/Cr Damian Newell):

That the Council:

 

a)     Grants as owner of the two parcels of fee simple land pursuant to Section 12 of the Local Government Act 2002 and as administering body of the three parcels of Sawyers Bay Recreation Reserve land respectively, pursuant to Section 48 of the Reserves Act 1977, a drainage easement (right to drain water) in gross to the Dunedin City Council for the installation of a drainage pipe network over that part of the Sawyers Bay fee simple and Recreation Reserve land described as follows:

·      91m2 (subject to survey) more or less being part Lot 6 Deposited Plan 12370 part Computer Freehold Register OT5D/998 subject to Easement Certificate 426040

·      185m2 (subject to survey) more or less being part Lot 7 Deposited Plan 12370 part Computer Freehold Register OT5D/999 subject to Easement Certificate 426040

·      79m2 (subject to survey) more or less being part Lot 1, Deposited Plan 10072 part Computer Interest Register 109527 part Gazette Notice 530060 subject to Easement Certificate 426040

·      1m2 (subject to survey) more or less being part Section 12, Sawyers Bay Survey District all Computer Freehold Register OTA1/1326 part Gazette Notice 249037subject to Easement Certificate 426040.

·      120m2 (subject to survey) more or less being part Lot 1, Deposited Plan 8907, part Computer Freehold Register OT407/146, part Gazette Notice 530060 subject to Easement Certificate 426040

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, a drainage easement (right to drain water) in gross to the Dunedin City Council for the installation of a drainage pipe network over that part of the Sawyers Bay Recreation Reserve land described as follows:

·      79m2 (subject to survey) more or less being part Lot 1, Deposited Plan 10072 part Computer Interest Register 109527 part Gazette Notice 530060 subject to Easement Certificate 426040

·      1m2 (subject to survey) more or less being part Section 12, Sawyers Bay Survey District all Computer Freehold Register OTA1/1326 part Gazette Notice 249037 subject to Easement Certificate 426040.

·      120m2 (subject to survey) part Lot 1, Deposited Plan 8907, part Computer Freehold Register OT407/146, part Gazette Notice 530060 subject to Easement Certificate 426040

Motion carried (CNL/2017/016)

 

Councillor Vandervis left the meeting due to audio link failure at 3.40pm and returned to the meeting at 3.41pm.

 

19     Classification of Waikouaiti Recreation Reserve

 

A report from Parks and Recreation noted that Council had the control and management under the Reserves Act 1977 of a large amount of Crown-derived land at Waikouaiti and noted that the purpose to classify parts of the Reserve as Recreation. 

 

Moved (Cr Kate Wilson/Cr Doug Hall):

That the Council:

 

a)     Resolves that under Section 16(1) of the Reserves Act 1977, and on behalf of the Minister of Conservation under Instrument of Delegation dated 12 June 2013, that part of the Reserve land known at 186 and 188 Beach Street and 99, 111, 133 and 135 Matanaka Drive, Waikouaiti, that is administered under Section 16(7) of the Reserves Act 1977, be classified as Recreation Reserve legally described as:

·      19.7890 hectares more or less being part Lot 3, Deeds Plan 413, Compulsory Application C 5945 (formerly Deeds Index X 433), pursuant to NZ Gazette 1966 page 763; and

·      0.3452 hectares more or less being Section 4, Survey Office Plan 410310, part Computer Freehold Register 334205, pursuant to NZ Gazette 1966 page 763.

b)     Notes that public notification is not required as under Section 16(5) of the Reserves Act 1977, the classification proposed is the same as the purpose for which the reserve was held and administered immediately before the commencement of the Reserves Act 1977.

Motion carried (CNL/2017/017)

 

 

Resolution to exclude the public

Moved (Cr Chris Staynes/Cr Kate Wilson):

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 - 27 June 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.

 

C2  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.

C3  Taieri Airport- Otago Aero Club

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).

 

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 contains legal advice and relates to potential commercial negotiations.

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/2017/018)

 

 

 

The meeting moved into confidential at 4.02.

 

 

 

 

 

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

DEPUTY MAYOR