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 31 October 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 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), Graham McKerracher (Manager, Council Communications and Marketing), Simon Pickford (General Manager Community Services) and Ruth Stokes (General Manager Infrastructure and Networks), Gavin Logie (Acting Chief Financial Officer), Andrea Jones (Communications Team Leader), Kristy Rusher (Manager Civic and Legal), Jendi Paterson (Operations Manager Parks and Recreation), Tom Dyer (Group Manager 3 Waters), Ashley Reid (Parks and Recreation Planner) and Julian Tan and Amanda Nichol (Audit New Zealand)

 

Governance Support Officer      Lynne Adamson

 

 

1       Opening

Venerable Geshe Dhonyoe from the Dhargyey Buddhist Centre opened the meeting with a prayer.

2       Public Forum

2.1    Greater Green Island Community Network Charitable Trust

 

Leanne Stenhouse, Amanda Reid and Steve Hayward addressed the meeting concerning the Greater Green Island Community Network Charitable Trust. 

They spoke to a presentation and discussed community consultation and priorities; current projects and funding required to ensure the Trust continued following the conclusion of funding from the Department of Internal Affairs.  Ms Stenhouse commented that their work was in close linkage to the Council strategic plans and expressed gratitude for the support they had received from departments within Council and other various organisations.

 

 

2.2    Camping Control Bylaw

 

Mark Brown discussed the Camping Control Bylaw on behalf of the Waikouaiti Coast Community Board.  He spoke of their support of the current Freedom Camping Bylaw, the need to welcome visitors to the area and ensure there were appropriate freedom camping sites.

Mr Brown commented on the efforts the Waikouaiti Coast Community Board had undertaken to identify possible camping sites to compliment the over stretched Warrington Camping Ground.

 

 

2.3    Dunedin City Council response to Dunedin Hospital Rebuild Options

 

Lyndon Weggery and Paul Schofield tabled written information and addressed the meeting concerning the Dunedin City Council response to the Dunedin Hospital Rebuild options.

Moved (Mayor Dave Cull/Cr Chris Staynes):

        That the Council:

                Extend the Public Forum.

 

          Motion carried  (CNL/2017/184)

 

 

2.4    Affordable Equity Scheme - High Street Co-Housing Development

 

Catherine Spencer and Frances Ross presented, tabled and spoke to their written information on the Affordable Equity Scheme.

 

 

2.5    Wildlife Hospital Trust

 

Steve Walker, Mike Waddell, Andy Cunningham and Jordana Whyte distributed and spoke to information on the Dunedin Wildlife Hospital Trust.

They advised that the temporary hospital had been established in 2016 through collaboration with the Otago Polytechnic and the Yellow-eyed Penguin Trust with the focus on treating penguins.  The Polytechnic was committed to the construction of a brand new Wildlife hospital within 12-24 months.  The hospital would be housed at the Otago Polytechnic and be able to handle approximately 500 sick or injured animals each year. 

Mr Walker commented on the links to the Council strategic plans and advised that the Trust would seek partnership for a micro Eco Tourism operation to be created at the hospital.  They spoke of funding they had in place and advised that they would approach Council through the Annual Plan process to request financial support to help with the first three years

 

 

 

 

2.6    The Valley Project

 

Anna Parker, Rory White and Rob Thomson spoke to their tabled information and PowerPoint presentation on the Valley Project. 

Ms Parker commented that the Valley Project was a community-led development project based in the North East Valley and was very similar to the Greater Green Island Community Network.  She spoke of the linkage to the Council strategic plans and their collaborative relationships with Council departments.  

They commented on projects within the community and the introduction of a $15.00 “Valley Card” which enabled residents to obtain discounts at local businesses that was beneficial to all parties and growth in the community. 

Ms Parker urged Council to include investment in place spaced community projects in the Long Term Plan.

 

Councillor Wilson entered the meeting at 2.20 pm

 

3       Apologies

 

Moved (Mayor Dave Cull/Cr Chris Staynes):

That the Council:

 

Accepts the apology from Cr Doug Hall for absence and Cr Andrew Whiley for early departure.

 

Motion carried (CNL/2017/185)

 

 

4       Confirmation of agenda

 

 

Moved (Mayor Dave Cull/Cr Chris Staynes):

That the Council:

 

Confirms the public part of the agenda with the following alterations:

-      That Item 20 be taken before Item 18 due to external representatives availability to speak to the report.

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

-      That confirmation of the Public Excluded Agenda be taken in the closed part of the meeting.

Motion carried (CNL/2017/186)

 

 

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.

 

The Mayor requested that the register be updated to reflect his new position as  President of Local Government New Zealand.

 

 

Moved (Mayor Dave Cull/Cr Chris Staynes):

That the Council:

 

a)     Notes the Elected Members' Interest Register.

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

Motion carried (CNL/2017/187)

 

 

 

Moved (Mayor Dave Cull/Cr Chris Staynes):

That the Council:

 

a)     Notes the Executive Leadership Team's Interest Register.

Motion carried (CNL/2017/188)

   

Minutes of Committees

6       Infrastructure Services and Networks Committee - 16 October 2017

 

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

That the Council:

a)     Notes the minutes of the Infrastructure Services and Networks Committee        meeting held on 16 October 2017

Motion carried (CNL/2017/189)

 

7       Community and Culture Committee - 17 October 2017

 

Moved (Cr Aaron Hawkins/Cr Marie Laufiso):

That the Council:

a)     Notes Part A items and public forum of the minutes of the Community and Culture Committee meeting held on 17 October 2017

b)     Approves the following Part B items of the minutes of the Community and Culture Committee meeting held on 17 October 2017: 

Item 9:     Public Art Framework 2017-22 

Item 10:   New Zealand Masters Games Operational and Financial Status

Item 11:   Dunedin (New Zealand) Masters Games Trust CCO Exemption

c)     Takes Part C items of the minutes of the Community and Culture Committee held on Tuesday, 17 October 2017, in the non-public part of the meeting.

Motion carried (CNL/2017/190)

 

 

8       Planning and Environment Committee - 17 October 2017

 

Moved (Cr David Benson-Pope/Cr Conrad Stedman):

That the Council:

a)     Notes the minutes of the Planning and Environment Committee meeting held on 17 October 2017

Motion carried (CNL/2017/191)

 

9       Bylaws Subcommittee - 21 August 2017

 

Moved (Cr Andrew Whiley/Cr Mike Lord):

That the Council:

a)     Notes Part A of the minutes of the Bylaws Subcommittee meeting held on 21 August 2017

Motion carried (CNL/2017/192)

 

Minutes of Community Boards

10     Mosgiel-Taieri Community Board - 30 August 2017

 

Moved (Cr Mike Lord/Cr Andrew Whiley):

That the Council:

a)     Notes the minutes of the Mosgiel-Taieri Community Board meeting held on
30 August 2017

Motion carried (CNL/2017/193)

 

11     Otago Peninsula Community Board - 24 August 2017

 

Moved (Cr Mike Lord/Cr Andrew Whiley):

That the Council:

a)     Notes the minutes of the Otago Peninsula Community Board meeting held on 24 August 2017

Motion carried (CNL/2017/194)

 

12     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/2017/195)

 

13     Saddle Hill Community Board - 31 August 2017

 

Moved (Cr Mike Lord/Cr Andrew Whiley):

That the Council:

a)     Notes the minutes of the Saddle Hill Community Board meeting held on 31 August 2017

Motion carried (CNL/2017/196)

 

14     Strath Taieri Community Board - 7 September 2017

 

Moved (Cr Mike Lord/Cr Andrew Whiley):

That the Council:

a)     Notes the minutes of the Strath Taieri Community Board meeting held on 7 September 2017

Motion carried (CNL/2017/197)

 

15     Waikouaiti Coast Community Board - 5 July 2017

 

Moved (Cr Mike Lord/Cr Andrew Whiley):

That the Council:

a)     Notes the minutes of the Waikouaiti Coast Community Board meeting held on 5 July 2017

Motion carried (CNL/2017/198)

 

16     Waikouaiti Coast Community Board - 23 August 2017

 

Moved (Cr Mike Lord/Cr Andrew Whiley):

That the Council:

a)     Notes the minutes of the Waikouaiti Coast Community Board meeting held on 23 August 2017

Motion carried (CNL/2017/199)

 

17     West Harbour Community Board - 30 August 2017

 

Moved (Cr Mike Lord/Cr Andrew Whiley):

That the Council:

a)     Notes Part A items and public forum of the minutes of the West Harbour Community Board meeting held on 30 August 2017.

Motion carried (CNL/2017/200)

 

Reports

20     Dunedin City Council Annual Report 2017

 

A report from Finance sought approval and adoption of the Annual Report for the Dunedin City Council for the financial year ended 30 June 2017.

The Acting Chief Financial Officer and Julian Tan and Amanda Nichols (Audit New Zealand) commented on the report and responded to questions from Councillors. 

 

 

Moved (Cr Mike Lord/Cr Kate Wilson):

That the Council:

a)     Authorises the Mayor and Chief Executive to sign the Statement of Responsibility on behalf of Council.

b)     Authorises the Mayor and Chief Executive to sign the Letter of Representation on behalf of Council.

c)      Approves and adopts the Dunedin City Council Annual report with the Auditors report and summary report for the financial year ended 30 June 2017, subject to any minor editing required between adoption and final publication.

Motion carried (CNL/2017/201) with Cr Vandervis recording his votes against

 

 

18     Festivals and Events Plan 2018-2023

 

A report from Community and Planning sought approval to undertake public consultation on the draft Festivals and Events Plan 2018 – 2023 from 22 November through to 15 December 2017.  Following consultation and any subsequent amendments, the Plan would be provided to Council in February 2018 for final approval.

The Manager Events and Community Development and Events Special Projects Co-ordinator spoke to the report, provided an overview on the plan and consultation process.  They responded to questions on events, accommodation and methods to connect potential visitors with different types of accommodation. 

 

Moved (Cr Chris Staynes/Cr Andrew Whiley):

That the Council:

 

a)     Approves public consultation on the draft Festivals and Events Plan 2018 – 2023 to be undertaken for a three week period (22 November – 15 December 2017).

b)     Notes that the draft Festivals and Events Plan 2018 – 2023 may be amended following public consultation and that a final draft will be presented to Council for approval in February 2018.

Motion carried (CNL/2017/202)

 

19     Proposed Meeting Schedule for 2018

 

A report from Civic and Legal sought adoption of a meeting schedule for 2018 in accordance with Clause 19(6)(a) of Schedule 7 of the Local Government Act 2002 which allows the Council to adopt a schedule of meetings to cover any future period that it considers appropriate.

 

Moved (Cr Chris Staynes/Cr Damian Newell):

That the Council:

 

a)     Approves the proposed meeting schedule for 2018 as appended to the report, or advises of alternate meeting dates/arrangements.

b)     Notes that community boards will confirm their own meeting dates during the last meeting round.

Motion carried (CNL/2017/203)

 

 

 

Moved (Mayor Dave Cull/Cr Chris Staynes):

That the Council:

a)        Adjourn the meeting.

Motion carried (CNL/2017/204)

 

The meeting adjourned at 3.14 pm and reconvened at 3.30 pm.

 

21     Camping Control Bylaw 2017

 

A report from Parks and Recreation recommended that Council adopt the changes proposed to Council’s Camping Control Bylaw 2015 (‘the Bylaw’) as recommended by the Bylaw Subcommittee.

The General Manager Infrastructure and Networks and the Operations Manager spoke to the report and provided an update on practices of neighbouring Councils around freedom camping and they responded to questions and commented on the implementation plan and education for visitors to the region should the new bylaw be adopted.

There was lengthy discussion on the merits of changing the Camping Control Bylaw to ban non-certified campers or to remain with the status quo.

 

Moved (Cr Andrew Whiley/Cr Christine Garey):

That the Council:

 

a)     Accepts the Bylaw Subcommittee’s recommendation to amend Council’s Camping Control Bylaw 2015 to limit freedom camping to certified self-contained vehicles only.

b)     Resolves to amend the Camping Control Bylaw 2015 in the following manner:

i)      Deletion of existing clause 5(c) and consequential renumbering of clause 5(d) to clause 5(c);  

ii)     Deletion of existing schedule C;

iii)    Renaming of the existing Schedule D as 'Schedule C';

iv)    Renaming of the bylaw as the 'Camping Control Bylaw 2017';

c)     Resolves that the amendments will have effect from 1 November 2017

d)     Determines that the proposed amendments to the Camping Control Bylaw 2015 are necessary and appropriate;

e)     Determines that the amendments to the bylaw do not give rise to any implications under the New Zealand Bill of Rights Act 1990.

f)     Notes that this amendment would result in restricting the types of vehicles that can freedom camp in Warrington Domain and Ocean View Recreation Reserve to certified self-contained vehicles only.

g)     Notes that implementation of Council’s Camping Control Bylaw 2017 would        be through increased enforcement on Council’s behalf, and a range of     education and promotion initiatives led by Dunedin City Council staff.

 

The Council voted by Division:

 

For:          Crs Dave Cull, Christine Garey, Mike Lord, Chris Staynes, Conrad Stedman and Andrew Whiley (6).

Against:     Crs David Benson-Pope, Rachel Elder, Aaron Hawkins, Marie Laufiso, Damian Newell, Jim O'Malley, Lee Vandervis and Kate Wilson (8).

 

The motion was declared LOST by 8 votes to 6

 

 

 

Councillor Whiley left at 4.47 pm

 

22     Notice of Motion

 

A Notice of Motion was received from Councillor Aaron Hawkins.

 

Moved (Cr Aaron Hawkins/Cr Lee Vandervis):

That the Council:

a)           Directs Dunedin City Holdings Ltd to limit any confidentiality arrangements in employment situations within its subsidiary and associate companies       such that they don’t prohibit the flow of information back to the shareholder. 

b)          Acknowledges that there may be valid reasons for some information not to be made public, and as such this can be reported to the shareholder in   the non-public part of any relevant meeting. 

 

 

A Procedural Motion was moved (Cr David Benson-Pope/Cr Jim O'Malley):

That the Council:

a)        Suspends Standing Order 26.4 to allow an amendment to the Notice of Motion.

          Motion carried (CNL/2017/205) with Cr Vandervis recording his vote         against.

 

 

 

Following discussion it was agreed that an amendment be made to part b of the motion to replace the word was with may and therefore to read as follows “and as such this may be reported to the shareholder in the non-public part of any relevant meeting.”

 

 

Moved (Cr David Benson-Pope/Cr Jim O'Malley):

That the Council:

 

a)     Resumes Standing Order 26.4.

 

Motion carried (CNL/2017/206)

 

 

 

 

The amended motion was then moved (Cr Aaron Hawkins/Cr Lee Vandervis):

That the Council:

a)        Directs Dunedin City Holdings Ltd to limit any confidentiality arrangements in employment situations within its subsidiary and associate companies such that they don’t prohibit the flow of information back to the shareholder. 

b)        Acknowledges that there may be valid reasons for some information not to be made public, and as such this may be reported to the shareholder in the non-public part of any relevant meeting. 

Motion carried (CNL/2017/207)

 

 

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  Community and Culture Committee - 17 October 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  Director Re/Appointments

S7(2)(a)

The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.

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 the appointment of a director is made public once the applicant has been notified..

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.

 

That Mr Graham Crombie (Chair, Dunedin City Holdings) be allowed to remain in the meeting after the public has been excluded to speak to Item C2.

 

Motion carried (CNL/2017/208)

 

 

 

The meeting moved into confidential at 5.14 pm.

 

 

 

 

 

 

 

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

MAYOR