Council

MINUTES

 

Minutes of an ordinary meeting of the Dunedin City Council held in the Council Chamber, Municipal Chambers, The Octagon, Dunedin on Tuesday 29 August 2017, commencing at 1.04 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 (via audio link)

Cr Andrew Whiley

 

Cr Kate Wilson

 

 

 

IN ATTENDANCE

Sue Bidrose (Chief Executive Officer), Sandy Graham (General Manager Strategy and Governance and Deputy Electoral Officer), John Christie (Director Enterprise Dunedin), Graham McKerracher (Manager, Council Communications and Marketing), Simon Pickford (General Manager Community Services), Nick Sargent (Transport Strategy Manager), Kristy Rusher (Manager Civic and Legal), Gavin Logie (Financial Controller), Jendi Paterson (Operations Manager Parks and Recreation), Adrian Blair (Group Manager Customer and Regulatory Services), Tami Sargeant (Senior Policy Analyst), Nicola Pinfold (Group Manager Community and Planning), Hui Zhang (China Project Coordinator), Maria Ioannou (Corporate Policy Manager), Paula Dickel (Property Officer Advisory), Bill Frewen (Senior Policy Analyst) and Andrea Jones (Communications Team Leader)

 

Governance Support Officer    Lynne Adamson

 

 

1       Opening

Sheikh Asrar Haque, Imam, Al Huda Mosque, opened the meeting with a prayer.

2       Public Forum

2.1    Bus Users Support Group – Peter Dowden

 

On behalf of the Bus Users Support Group, Peter Dowden addressed the meeting concerning the governance of the buses.  Mr Dowden advised that the public would be best serviced with one entity controlling the governance of the buses.   He tabled information on the history of the ownership of the buses; the system put in place in Queenstown Lakes District and photographs in support of his recommendation. 

 

2.2    Freedom Camping – Robert Kennedy

 

Mr Kennedy addressed the meeting concerning freedom camping as it related to non-self contained cars and vans and the proposal to ban non self-contained vehicles parking overnight on Council controlled grounds.

Mr Kennedy spoke of the problems in enforcement of the ban, should it be approved, the cost and his belief that it would drive the campers into bush areas.  He urged Council to consider contacting owners of underutilised areas in Dunedin with the view to providing parking for a small charge.

Mr Kennedy also spoke of his frustration with the lack of decisiveness from Local Government New Zealand over the New Zealand wide issue of non-self contained vehicles over the past five years.

 

2.3    Climate Declaration – Rosemary Penwarden

 

Rosemary Penwarden addressed the meeting concerning the need to achieve climate stability for future generations. 

She commented on the Our Climate Declaration group, and advised that they aimed to stimulate a national movement supporting concerned citizens to develop climate action plans in their groups.  Ms Penwarden spoke of their support for Dunedin to be the first zero carbon admissions city.

 

2.4    Climate Declaration – Ralph Adler

 

Ralph Adler addressed the meeting concerning Our Climate Declaration Group and provided background information on his research.  Mr Adler advised that Our Climate Declaration had been launched on Sunday 18 June 2017 in Auckland, Wellington, Christchurch and Dunedin.

The aim of Our Declaration was to bring people together for a future New Zealand that protected the climate.  Mr Adler spoke of the need small cities to lead the change by becoming carbon neutral.  He noted that many schools still used coal for heating and the large vehicle movements created by children being dropped off and collected from school.  Mr Adler commented on the need to provide schools with guidance to change their methods of heating and reduce vehicle movements.  

Mr Adler urged members to visit the website and support the Declaration individually and he also requested the City’s endorsement for the Climate Declaration.  This would be referred to staff for a report to be presented for consideration by Council.

 

2.5    Easter Trading – Dougal McGowan

 

Mr McGowan addressed the meeting on behalf of the Otago Chamber of Commerce (the Chamber) concerning Easter Trading.  He advised that the Chamber had approximately 1,000 members throughout Otago. 

Mr McGowan commented that they had started to collect data around members views on Easter Trading approximately two and a half years ago with most being supportive.  Mr McGowan advised that he felt there was a need for the community to be consulted on Easter Trading and supported the recommendations in the report being presented to Council.

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 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/2017/018)

 

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 Chris Staynes):

That the Council:

 

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

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

Motion carried (CNL/2017/019)

   

Minutes of Committees

6       Council - 1 August 2017

 

Moved (Cr Chris Staynes/Cr Kate Wilson):

 

That the Council:

a)     Approves the minutes of the Council meeting held on 1 August 2017:   

b)     Takes Part C items of the minutes of the Council held on Tuesday, 1 August 2017, in the non-public part of the meeting.

 

Motion carried (CNL/2017/020)

 

 

7       Community and Culture Committee - 15 August 2017

 

Moved (Cr Aaron Hawkins/Cr Marie Laufiso):

 

That the Council:

a)     Notes Part A items (1-9) of the minutes of the Community and Culture Committee meeting held on 15 August 2017

b)     Approves the following Part B item(s) of the minutes of the Community and Culture Committee meeting held on 15 August 2017: 

Item 10:    Recalculation of Rates Relief Grants 

c)     Takes Part C items of the minutes of the Community and Culture Committee held on Tuesday, 15 August 2017, in the non-public part of the meeting.

Motion carried (CNL/2017/021)

 

8       Economic Development Committee - 14 August 2017

 

Moved (Cr Christine Garey/Cr Andrew Whiley):

 

That the Council:

a)     Notes the Part A items and public forum of the minutes of the Economic Development Committee meeting held on 14 August 2017

Motion carried (CNL/2017/022)

 

9       Infrastructure Services and Networks Committee - 14 August 2017

 

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

 

That the Council:

a)     Notes the Public Forum and Part A items (1-7) and (9-17) of the minutes of the Infrastructure Services and Networks Committee meeting held on 14 August 2017

b)     Approves the following Part B item(s) of the minutes of the Infrastructure Services and Networks Committee meeting held on 15 August 2017:

Item 9:     Proposal to Name a New Road off Riccarton Road East. 

 

Motion carried (CNL/2017/023) with Cr Vandervis recording his vote against.

 

 

10     Planning and Environment Committee - 15 August 2017

 

Moved (Cr David Benson-Pope/Cr Damian Newell):

 

That the Council:

a)     Notes the Minutes of the Planning and Environment Committee meeting held on 15 August 2017

Motion carried (CNL/2017/024)

 

Reports

11     Financial Result - Period Ended 31 May 2017

 

A report from Finance provided the financial results for the period ended 31 May 2017 and the financial position as at that date.

The Acting Chief Financial Officer spoke to the report and responded to questions.

 

Moved (Cr Chris Staynes/Cr Kate Wilson):

That the Council:

 

a)    Notes the Financial Performance for the period ended 31 May 2017 and the Financial Position as at 31 May 2017.

Motion carried (CNL/2017/025) with Cr Vandervis recording his vote against

 

12     Waipori Fund - Year Ending June 2017

 

A report from Finance appended the Dunedin City Treasury Limited report which provided information on the results of the Waipori Fund for the year ending 30 June 2017.

 

Moved (Cr Kate Wilson/Cr Mike Lord):

That the Council:

 

a)     Notes the report from Dunedin City Treasury Limited on the Waipori Fund for the year ending 30 June 2017.

Motion carried (CNL/2017/026)

 

13     Long Term Plan 2018: Update and Second Round of Supporting Documents

 

A report from Community and Planning provided the Council with an update on the development of the Long Term Plan 2018 (LTP).

The report also sought approval of the second round of supporting documents for the purposes of developing the LTP, including: the community outcomes indicators; and the revised Significance and Engagement Policy.

 

The Senior Policy Analyst, Corporate Policy Manager and Group Manager Community and Planning spoke to the report and responded to questions.

Following discussion it was noted that there were changes required to the list of assets in Schedule 2: Strategic Council Owned Assets.  It was agreed that the Significance and Engagement Policy would be adopted with the exception of Schedule 2 which would be discussed at a workshop to review the and update the assets.

 

 

Moved (Mayor Dave Cull/Cr Chris Staynes):

That the Council:

 

a)     Adopts, for the purposes of developing the Long Term Plan 2018 and consulting with the community, the community outcome headline indicators provided in Attachment A of the report.

b)     Adopts the revised Significance and Engagement Policy at Attachment B of the report with the exception of Schedule 2: Strategic Council Owned Assets.

Motion carried (CNL/2017/027) with Cr Vandervis recording his vote against.

 

14     Change of Purpose of Reserve Land Adjoining the Owhiro Stream and Dedication as Legal Road

 

A report from property advised that Council owned a strip of land adjoining the Owhiro Stream in Mosgiel. That trip was held as Local Purpose (Esplanade) Reserve.

The report recommended that an area of approximately 554m2 of the strip be changed from Local Purpose (Esplanade) Reserve to Local Purpose (Road) Reserve, and then subsequently to legal road.

The proposed change facilitated access from Hagart Alexander Drive to the Owhiro Park residential subdivision and ensured public access to the balance of the Council's Local Purpose (Esplanade) Reserve. 

 

Moved (Cr Damian Newell/Cr Christine Garey):

That the Council:

 

a)     Resolves that under Section 24A(1) of the Reserves Act 1977 the purpose of that part of the Local Purpose (Esplanade) Reserve currently held in Computer Freehold Register OT18A/955, more particularly defined as Section 1 on SO 496786 comprising approximately 554m2, be changed to Local Purpose (Road) Reserve.

b)     Notes the decision to change the reserve purpose is exempt from public notification under Section 24A(3)(b) of the Reserves Act 1977 as the reason for the change is to align the reserve purpose with a resource consent applying to the reserve.

c)     Resolves that under Section 111 of the Reserves Act 1977 the Local Purpose (Road) Reserve defined as Section 1 on SO 496786 be dedicated as legal road.

Motion carried (CNL/2017/028)

 

15     DCC transport programme for the Regional Land Transport Plan

 

A report from Transport presented a preferred transport programme for 2018/19-2027/28 for Council endorsement.  

The report noted that a preferred transport programme must be identified to allow the Council to compete at a national level for NZ Transport Agency (NZTA) co-funding for 2018/19-2020/21.  This would occur through the Regional Land Transport Plan (RLTP) and the National Land Transport Programme (NLTP) processes.  The initial deadline for submitting projects was 31 August 2017. 

The Transport Strategy Manager and General Manager Strategy and Governance responded to questions and commented that the items submitted for consideration for the RLTP could be altered or deleted at various points after the 31 August 2017. 

 

Moved (Cr Kate Wilson/Cr Rachel Elder):

That the Council:

 

a)     Approves the preferred transport programme for inclusion in the Regional Land Transport Plan, noting the programme can be refined at a later date.

b)     Notes that the preferred transport programme will be included in the draft Capital Programme for the draft LTP and will be agreed through the Council's own LTP process.

Motion carried (CNL/2017/029) with Cr Vandervis recording his vote against.

 

16     Easter Sunday Trading Policy

 

A report from Customer and Regulatory Services advised that the 2016 Amendment to the Shop Trading Hours Act 1990 allowed territorial authorities to create a local policy to allow Easter Sunday trading in its area. 

The report sought a decision from the Council on a request from the Otago Chamber of Commerce to consider the introduction of an Easter Sunday Trading Policy. 

 

The General Manager Community Services and Group Manager Customer and Regulatory Services responded to questions and noted that the report sought approval to consult with the community on Easter trading only.  Should approval be received, a  report with recommendations from the Hearings Committee following the consultation process would be presented to Council for final approval.

 

 

Moved (Cr Aaron Hawkins/Cr Jim O'Malley):

That the Council:

 

a)        Approves Option Two – that no further action be taken in developing an Easter Trading Policy.

 

 

Following further discussion a procedural motion was put:

 

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

That the Council:

a)        Puts the motion to Approve Option Two – that no further action be taken in developing an Easter Trading Policy.

Motion carried (CNL/2017/030)

 

 

 

Moved (Cr Aaron Hawkins/Cr Jim O'Malley):

 

The substantive motion was then put:

 

 

 

Division

The Council voted by Division:

 

 

For:          Crs David Benson-Pope, Rachel Elder, Aaron Hawkins, Marie Laufiso, Jim O'Malley, Lee Vandervis and Kate Wilson (7).

Against:     Crs Dave Cull, Christine Garey, Doug Hall, Mike Lord, Damian Newell, Chris Staynes, Conrad Stedman and Andrew Whiley (8).

 

The division was declared LOST by 8 votes to 7

 

Motion carried (CNL/2017/031)

 

 

Moved (Cr Chris Staynes/Cr Mike Lord):

That the Council:

 

a)     Approves the draft Easter Sunday Trading Policy for the purpose of consultation.

b)     Decides to commence the special consultative procedure. 

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

                           i.   Councillor Andrew Whiley (Chair);

                         ii.   Councillor Marie Laufiso;

                        iii.   Councillor Kate Wilson

                        iv.   Councillor Damian Newell.

Division

The Council voted by Division:

 

For:          Crs Dave Cull, Rachel Elder, Christine Garey, Doug Hall, Mike Lord, Damian Newell, Chris Staynes, Conrad Stedman, Andrew Whiley and Kate Wilson (10).

Against:     Crs David Benson-Pope, Aaron Hawkins, Marie Laufiso, Jim O'Malley and Lee Vandervis (5).

 

The division was declared CARRIED by 10 votes to 5

 

Motion carried (CNL/2017/032)

 

 

Moved (Mayor Dave Cull/Cr Chris Staynes):

That the Council:

 

a)     Adjourn the meeting.

 

Motion carried (CNL/2017/033)

 

 

The meeting adjourned at 3.27 pm and reconvened at 3.45 pm.

 

 

17     Electoral System for Future Local Authority Elections

 

A report from Corporate advised that under Section 27 of the Local Electoral Act 2001, Council was required to make a decision by 12 September 2017 if it wanted to change the electoral system to be used for the 2019 triennial general election. 

 

The Deputy Electoral Officer spoke to the report and responded to questions of clarification on the First Past the Post and Single Transferable Vote systems. 

 

There was a discussion on how members of the community found the differing voting systems confusing and the benefit of encouraging the Otago Regional Council and their territorial authorities to adopt the same method of voting for the 2019 elections. 

 

 

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

That the Council:

 

a)     Confirms the present electoral system of Single Transferable Vote.

Motion carried (CNL/2017/034) with Cr Vandervis recording his vote against

 

Councillor Vandervis left the meeting at 4.00 pm due to audio link failure.

 

 

Moved (Mayor Dave Cull/Cr Chris Staynes):

That the Council:

 

a)        Adjourn the meeting.

Motion carried (CNL/2017/035)

 

 

 

The meeting adjourned at 4.02 pm and reconvened at 4.06 pm at which time Cr Vandervis rejoined the meeting.

 

 

Moved (Cr Aaron Hawkins/Cr Marie Laufiso):

That the Council:

a)         Encourages the Otago Regional Council (and their constituent TLAs) to adopt the STV method of voting for the 2019 Local Body Elections.

Division

The Council voted by Division:

 

For:          Crs David Benson-Pope, Dave Cull, Christine Garey, Aaron Hawkins, Marie Laufiso, Damian Newell, Jim O'Malley, Chris Staynes, Conrad Stedman and Kate Wilson (10).

Against:     Crs Rachel Elder, Doug Hall, Mike Lord, Lee Vandervis and Andrew Whiley (5).

 

The division was declared CARRIED by 10 votes to 5

 

Motion carried (CNL/2017/036)

 

 

18     Constitution of Rates Funding Advisory Panel

 

A report from Corporate advised that the Rates Funding Advisory Panel be constituted to consider matters in relation to the Rating Method and any other matters referred to it by Council and/or Standing Committees. The panel would replace what was known in the previous triennium as the Rates and Funding Working Party and was constituted in line with the provisions in the Committee Structure and Delegations Manual.

 

 

Moved (Cr Chris Staynes/Cr Mike Lord):

That the Council:

 

a)     Constitutes the Rates Funding Advisory Panel with the membership as follows:

·      Chair of Finance and Council Controlled Organisations Committee (Chairperson of Rates Funding Advisory Panel)

·      Chair Infrastructure Services and Networks Committee

·      Chair of Economic Development Committee

·      Chair of Planning and Environment Committee

·      Chair of Community and Culture Committee

·      The Mayor (ex-Offico Member)

b)     Adopts the terms of reference as per Attachment A of the report.

Motion carried (CNL/2017/037)

 

19     Elected Member Remuneration Rates for 2017/18

 

A report from Corporate advised that the Remuneration Authority (the Authority) has reviewed the remuneration levels for elected members for the 2017-18 financial year and set new rates for the Mayor, Councillors and Community Board members, effective from 1 July 2017.

The various hearing fees and allowances including how mileage allowances were calculated. 

 

Moved (Cr Doug Hall/Cr Aaron Hawkins):

That the Council:

 

a)     Notes the new remuneration rates for 2017/18 for the Mayor, Councillors and Community Board members effective from 1 July 2017.

b)     Notes the changes to the various fees and allowances payable to elected members effective from 1 July 2017.

Motion carried (CNL/2017/038)

 

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  Council - 1 August 2017 - Public Excluded

 

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 - 15 August 2017 - Public Excluded

 

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  Annual Review - Dunedin City Council, Treasury Risk Management Policy

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.

 

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/2017/039)

 

 

The meeting moved into confidential at 4.17 pm.

 

 

 

 

 

 

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

MAYOR