Council

MINUTES

Unconfirmed minutes of an ordinary meeting of the Dunedin City Council held in the Council Chamber, Municipal Chambers, The Octagon, Dunedin on Monday 11 December 2017, commencing at 9.02 am

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), Kristy Rusher (Manager Civic and Legal), Colin Weatherall (Chairman, District Licensing Committee), Nicola Pinfold (Group Manager Community and Planning), Richard Saunders (Group Manager Transport), Gavin Logie (Financial Controller), Adrian Blair (Group Manager Customer and Regulatory Services), Kevin Mechen (Secretary, District Licensing Committee), Joy Gunn (Manager Events and Community Development), Anne Gray (Policy Analyst), Lisa Clifford (Senior Transportation Engineer) and Nick Sargent (Transport Strategy Manager)

Governance Support Officer      Pam Jordan

1       Public Forum

Mayor Cull advised that a further request had been received for a speaker at the public forum who also wished to present a petition to the Council.

Moved (Mayor Dave Cull/Cr Chris Staynes):

That the Council:

Accepts another speaker for the public forum on the Local Easter Sunday Shop Trading Policy.

Motion carried

a)      St Clair Groyne Reinstatement – Jules Radich

Jules Radich tabled a submission urging the Council to reinstate the groyne at St Clair.  He commented that groynes had been a success in the past, and now was the perfect time to reinstate them because the sand level was high, there would be a ready supply of hardwood poles from the Delta power pole replacement activity, and the public wanted to see action on sea level rise.  A groyne would provide natural protection for the dunes, provide more beach and hide the sand tubes.

Mr Radich responded to questions from Councillors.  It was pointed out to him that the Otago Regional Council may have jurisdiction over this matter.

b)      Local Easter Sunday Shop Trading Policy – Sonja Mitchell, Unions Otago

Sonja Mitchell, speaking on behalf of a group representing stores and unions, presented a petition wanting to see people's rights to enjoy an Easter break protected.  She noted that people often did not have the time and confidence to put forward their views but hoped Councillors would think about the number of people who would miss out on their Easter break.  There were not many opportunities for families to come together but everyone deserved a break and time with their families.  Arguments had been heard from employers that they would not make workers work, however there were lots of ways people could be made to work when they did not want to.  She requested the Council not to use events as leverage and to think hard about the decision. 

2       Apologies

There were no apologies.

3       Confirmation of agenda
	Moved (Mayor Dave Cull/Cr Chris Staynes): That the Council: Confirms the public part of 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/2017/220)

4       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 of the report; and

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

Motion carried (CNL/2017/221)

Moved (Mayor Dave Cull/Cr Chris Staynes):

That the Council:

a)     Notes the Executive Leadership Team's Interest Register attached as Attachment A of the report.

Motion carried (CNL/2017/222)

Minutes of Committees

5       Council - 28 November 2017
	Moved (Mayor Dave Cull/Cr Chris Staynes): That the Council: a)     Approves the minutes of the Council meeting held on 28 November 2017.    b)     Takes Part C items of the minutes of the Council held on 28 November 2017, in the non-public part of the meeting. Motion carried (CNL/2017/223)

6       Community and Culture Committee - 21 November 2017
	Moved (Cr Lee Vandervis/Cr Mike Lord): That the Council: a)     Notes the minutes of the Community and Culture Committee meeting held on 21 November 2017. Motion carried (CNL/2017/224)

7       Planning and Environment Committee - 21 November 2017
	Moved (Cr Lee Vandervis/Cr Mike Lord): That the Council: a)     Notes the minutes of the Planning and Environment Committee meeting held on 21 November 2017. b)     Takes Part C items of the minutes of the Planning and Environment Committee held on 21 November 2017, in the non-public part of the meeting. Motion carried (CNL/2017/225)

8       Economic Development Committee - 21 November 2017
	Moved (Cr Lee Vandervis/Cr Mike Lord): That the Council: a)     Notes the minutes of the Economic Development Committee meeting held on 21 November 2017. Motion carried (CNL/2017/226)

9       Finance and Council Controlled Organisations Committee - 21 November 2017
	Moved (Cr Lee Vandervis/Cr Mike Lord): That the Council: a)     Notes the minutes of the Finance and Council Controlled Organisations Committee meeting held on 21 November 2017. Motion carried (CNL/2017/227)

10     Bylaws Subcommittee - 6 November 2017
	Moved (Cr Lee Vandervis/Cr Mike Lord): That the Council: a)     Notes the minutes of the Bylaws Subcommittee (Speed Limit Bylaw 2004 – Amendment 8) meeting held on 6 November 2017. Motion carried (CNL/2017/228)

11     Hearings Committee - 13 November 2017
	Moved (Cr Lee Vandervis/Cr Mike Lord): That the Council: a)     Notes the minutes of the Hearings Committee (Local Easter Sunday Trading Policy) meeting held on 13 November 2017. Motion carried (CNL/2017/229)

Minutes of Community Boards

12     Waikouaiti Coast Community Board - 27 September 2017
	Moved (Cr Andrew Whiley/Cr Doug Hall): That the Council: a)     Notes the minutes of the Waikouaiti Coast Community Board meeting held on 27 September 2017. Motion carried (CNL/2017/230)

13     Otago Peninsula Community Board - 28 September 2017
	Moved (Cr Andrew Whiley/Cr Doug Hall): That the Council: a)     Notes the minutes of the Otago Peninsula Community Board meeting held on 28 September 2017. Motion carried (CNL/2017/231)

14     Strath Taieri Community Board - 28 September 2017
	Moved (Cr Andrew Whiley/Cr Doug Hall): That the Council: a)     Notes Part A the minutes of the Strath Taieri Community Board meeting held on 28 September 2017. Motion carried (CNL/2017/232)

15     Mosgiel-Taieri Community Board - 4 October 2017
	Moved (Cr Andrew Whiley/Cr Doug Hall): That the Council: a)     Notes the minutes of the Mosgiel-Taieri Community Board meeting held on 4 October 2017. Motion carried (CNL/2017/233)

16     West Harbour Community Board - 4 October 2017
	Moved (Cr Andrew Whiley/Cr Doug Hall): That the Council: a)     Notes the minutes of the West Harbour Community Board meeting held on 4 October 2017. Motion carried (CNL/2017/234)

17     Saddle Hill Community Board - 5 October 2017
	Moved (Cr Andrew Whiley/Cr Doug Hall): That the Council: a)     Notes the minutes of the Saddle Hill Community Board meeting held on 5 October 2017. Motion carried (CNL/2017/235)

Reports

18     Annual Report to the Alcohol Regulatory and Licensing Authority
	Section 199 of the Sale and Supply of Alcohol Act 2012 required every Territorial Authority to prepare and send to the Alcohol Regulatory and Licensing Authority a report on the proceedings and operations of its District Licensing Committee within three months after the end of the financial year.  The report covered the proceedings and operations of the Dunedin District Licensing Committee for the financial year ending 30 June 2017. The report was sent to the Authority within the statutory time of three months from the end of the reporting year.  In future, the Annual Report would be submitted to the Council for information prior to being sent to the Alcohol Regulatory and Licensing Authority.
	The Group Manager Customer and Regulatory Services and the Secretary, District Licensing Committee responded to questions from Councillors.
	Moved (Cr Chris Staynes/Cr Aaron Hawkins): That the Council: a)     Notes the report from the Secretary of the Dunedin District Licensing Committee dated 25 August 2017. Motion carried (CNL/2017/236)

19     Local Easter Sunday Shop Trading Policy
	The 2016 Amendment to the Shop Trading Hours Act 1990 allowed a territorial authority to create a local policy to allow Easter Sunday shop trading in its area.  If adopted, an Easter Sunday shop trading policy allowed shops to open, however shops could not open to trade on Easter Sunday unless a policy was adopted.  The report attached the findings of the Hearings Committee (Attachment A) which, in November 2017, considered all submissions made during the special consultative procedure used to consult with the community during September.
	The General Manager Community Services responded to questions from Councillors.
	Moved (Cr Andrew Whiley/Cr Doug Hall): That the Council: a)     Considers the recommendations of the Local Easter Sunday Shop Trading Policy Hearings Committee. b)     Adopts a Local Easter Sunday Shop Trading Policy with the date of effect 1 January 2018 so that any type of shop may trade on Easter Sunday (Attachment C to the report). i)      Decides to schedule a review of the Local Easter Sunday Shop Trading Policy to begin 90 days after Tuesday 3 April 2018. ii)     Writes to the Ministry of Business, Innovation and Employment requesting that advertising is undertaken to increase awareness of employers' statutory obligations for offering employees work on Easter Sunday. There was considerable discussion on the recommendations. Motion carried (CNL/2017/237) (Motion a)
	A division was then taken for each part of Motion b. Division – Motion b For:          Crs Rachel Elder, Christine Garey, Doug Hall, Mike Lord, Damian Newell, Chris Staynes, Conrad Stedman, Lee Vandervis, Andrew Whiley and Mayor Dave Cull (10). Against:     Crs David Benson-Pope, Aaron Hawkins, Marie Laufiso, Jim O'Malley and Kate Wilson (5). The division was declared CARRIED by 10 votes to 5 Division – Motion b(i) 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, Lee Vandervis, Andrew Whiley, Kate Wilson and Mayor Dave Cull (15). Against:     Nil The division was declared CARRIED by 15 votes to 0 Division – Motion b(ii) For:          Crs David Benson-Pope, Rachel Elder, Christine Garey, Doug Hall, Aaron Hawkins, Marie Laufiso, Mike Lord, Damian Newell, Chris Staynes, Conrad Stedman, Lee Vandervis, Andrew Whiley, Kate Wilson and Mayor Dave Cull (14). Against:     Cr Jim O'Malley (1). The division was declared CARRIED by 14 votes to 1

Adjournment of meeting
	Moved (Mayor Dave Cull/Cr Chris Staynes): That the Council: Adjourns the meeting. Motion carried (CNL/2017/238) The meeting adjourned from 10.35 am to 10.52 am.

20     Update on Housing Report
	The report provided an update on development of a housing report to Council in time for the 10 Year Plan.  In May 2017 staff were asked to provide a report on progress in delivering its Social Housing Strategy 2010-2020 and the resourcing required to deliver it through the Long Term Plan 2018/19. Following further discussions staff were asked to widen the scope of the report to address broader housing issues already being experienced within the city i.e. challenges in provision of emergency housing, affordable housing and healthy housing. To meet the report scope staff were progressing establishment of a multi-sector Mayor's Taskforce for Housing (the Taskforce) of external experts to provide strategic recommendations to the Council.
	The Group Manager Community and Planning and Manager Events and Community Development responded to questions from Councillors.
	Moved (Cr Kate Wilson/Cr Chris Staynes): That the Council: a)     Notes the update on development of a housing report to Council. Motion carried (CNL/2017/239)

21     Mosgiel Aquatic Facility Project Advisory Panel
	This report proposed the establishment of the Mosgiel Aquatic Facility Project Advisory Panel (the Advisory Panel).  The purpose of the Advisory Panel was to provide stakeholder direction to the Mosgiel Aquatic Facility project by co-ordinating the efforts of stakeholders for the delivery of the Mosgiel Aquatic Facility.
	The General Manager Strategy and Governance responded to questions from Councillors.
	Moved (Cr Chris Staynes/Cr Kate Wilson): That the Council: a)     Approves the establishment of the Mosgiel Aquatic Facility Advisory Panel. b)     Appoints six members to the Mosgiel Aquatic Facility Advisory Panel as follows: i)      Economic Development Committee Chair – Cr Staynes (Chairperson) ii)     Infrastructure Services and Network Committee Deputy Chair – Cr O'Malley iii)    Planning and Environment Committee Deputy Chair  - Cr Stedman iv)    Taieri Community Facilities Trust Representative – Irene Mosley v)     Taieri Community Facilities Trust Representative – Bill Feather vi)    Taieri Community Facilities Trust Representative – Martin Dillon. c)     Notes that the terms of reference will be developed in consultation with the Taieri Community Facilities Trust and brought back to the Council early in 2018 for confirmation. Cr Andrew Whiley returned to the meeting following the adjournment at 11.00 am. Motion carried (CNL/2017/240)

22     Submission to Remuneration Authority - Part Three Consultation
	The Remuneration Authority (the Authority) was currently reviewing various aspects of remuneration for Local Government elected members.  The authority was in the third and final stage of its consultation and review of remuneration matters.  The report presented a draft submission for Part Three of the consultation for Councillors' consideration.
	The Manager Civic and Legal advised the Council of amendments that had subsequently been made to the draft submission.
	Moved (Cr Aaron Hawkins/Cr Rachel Elder): That the Council: a)     Considers the proposed submission to the Remuneration Authority. b)     Authorises the Mayor to make the submission on behalf of Council. Motion carried (CNL/2017/241)

23     Speed Limits Bylaw 2004 - Amendment 8
	The report recommended that Council amended the Speed Limits Bylaw 2004 by making Amendment 8 as recommended by the Bylaws Subcommittee with a date of effect from 1 February 2018. The amendment proposed lower permanent speed limits on the following roads in Dunedin: a)     The Esplanade, St Clair b)     Forbury Road, St Clair c)     Wingatui Road, Mosgiel d)     Gladstone Road North, Mosgiel. The report attached the findings of the Bylaws Subcommittee (Attachment A) which considered all the submissions received during the special consultative procedure process used to consult with the community in October 2017. The Bylaws Subcommittee further recommended three additional items for future consideration by the Council.  These were: a)     the addition of a lower permanent speed limit of 50 km/hour for Smart Street as part of Amendment 8; b)     the need to address parking concerns along Wingatui Road; c)     the lack of pedestrian facilities in this section of Wingatui Road.
	The Transport Strategy Manager and Senior Transportation Engineer responded to questions and advised of amendments to the report.

Moved (Cr Andrew Whiley/Cr Kate Wilson):

That the Council:

a)     Considers the Bylaws Subcommittee's recommendation to amend Council's Speed Limits Bylaw 2004.

b)     Adopts Amendment 8 to the Speed Limits Bylaw 2004.

c)     Decides that the Speed Limits Bylaw 2004 – Amendment 8 will take effect from 1 February 2018.

d)     Notes that staff will monitor and evaluate three recommendations made by the Bylaws Subcommittee in addition to the recommendation to amend the Speed Limits Bylaw 2004.

Motion carried (CNL/2017/242)

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 - 28 November 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  Planning and Environment Committee - 21 November 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  2017/18 Funding Matters	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.	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  Director Re/appointments Group Companies	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 directors is made public once the applicants have been notified of the decision.
C5  Director Appointment Dunedin City Holdings Limited/Dunedin City Treasury Limited	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 director is made public once the applicant has been notified of the decision.
C6  Director Remuneration - Dunedin City Holdings Limited Group Companies	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.	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 information contained in this report remains confidential until Council has determined the level of fees and advised the Dunedin City Holdings Limited of the outcome at which point the information can be made public.
C7  CEO Appraisal and Remuneration	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 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/2017/243)

The meeting moved into confidential at 11.24 am.