Council
MINUTES
Minutes of an ordinary meeting of the Dunedin City Council held in the Council Chamber, Municipal Chambers, The Octagon, Dunedin on Tuesday 10 December 2019, commencing at 1.04 pm
PRESENT
Mayor |
Mayor Aaron Hawkins |
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Deputy Mayor |
Cr Christine Garey
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Members |
Cr Sophie Barker |
Cr David Benson-Pope |
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Cr Rachel Elder |
Cr Doug Hall |
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Cr Carmen Houlahan |
Cr Marie Laufiso |
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Cr Mike Lord |
Cr Jim O'Malley |
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Cr Jules Radich |
Cr Chris Staynes |
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Cr Lee Vandervis |
Cr Steve Walker |
IN ATTENDANCE |
Sue Bidrose (Chief Executive Officer), Sandy Graham (General Manager City Services), Simon Drew (General Manager Infrastructure Services), Simon Pickford (General Manager Community Services), Dave Tombs (General Manager Finance and Commercial), John Christie (Director Enterprise Dunedin), Graham McKerracher (Manager, Council Communications and Marketing), Robert West (Group Manager Parks and Recreation), Owen Graham (Senior Leasing and Land Advisor), Tami Sargeant (Team Leader Regulation Management – Transport), Michael Tannock (Network Assets Team Leader), Gavin Logie (Financial Controller) and Lawrie Warwood (Financial Analyst) |
Governance Support Officer Lynne Adamson
Maurice Turketo, Church of Jesus Christ of the Latter Day Saints opened the meeting with a prayer.
2.3 Public Forum - Sims Building
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Kristine Smith and Tim Heath (Sims Building Action Group) read their written submission concerning the Sims Building. |
It was moved Mayor Aaron Hawkins/Cr Christine Garey:
That the Council:
Extend the public forum.
Motion carried
Ms Smith and Mr Heath responded to questions on the provision of car parks; heritage and the financial pressure to rebuild.
Moved (Mayor Aaron Hawkins/Cr Christine Garey): That the Council:
Accepts the apology from Cr Andrew Whiley for absence and Cr Doug Hall for lateness.
Motion carried (CNL/2019/045) |
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Moved (Mayor Aaron Hawkins/Cr Mike Lord): That the Council:
Confirms the agenda with the following alterations:
In regard to Standing Order 2.1, Option C be adopted in relation to moving and seconding and speaking to amendments.
That Item C3 – Property Arrangement Grant Sport Otago be withdrawn from the meeting.
Motion carried (CNL/2019/046) |
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.
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Moved (Mayor Aaron Hawkins/Cr Christine Garey): That the Council:
a) Notes the Elected Members' Interest Register attached; and b) Confirms the proposed management plan for Elected Members' Interests. c) Notes the Executive Leadership Team Interest Register. Motion carried (CNL/2019/047) |
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Moved (Mayor Aaron Hawkins/Cr Rachel Elder): That the Council:
Confirms the public part of the minutes of the Ordinary Council meeting held on 25 October 2019 as a correct record. Motion carried (CNL/2019/048) |
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Moved (Mayor Aaron Hawkins/Cr Chris Staynes): That the Council:
Confirms the public part of the minutes of the Ordinary Council meeting held on 30 October 2019 as a correct record. Motion carried (CNL/2019/049) |
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Moved (Mayor Aaron Hawkins/Cr Chris Staynes): That the Council:
Confirms the public part of the minutes of the Ordinary Council meeting held on 12 November 2019 as a correct record. Motion carried (CNL/2019/050) |
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Moved (Cr Christine Garey/Cr Jim O'Malley): That the Council:
a) Notes the minutes of the Otago Peninsula Community Board meeting held on 31 October 2019. Motion carried (CNL/2019/051) |
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Moved (Cr Mike Lord/Cr Jim O'Malley): That the Council:
a) Notes the minutes of the Strath Taieri Community Board meeting held on 31 October 2019 Motion carried (CNL/2019/052) |
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Moved (Cr Carmen Houlahan/Cr Jim O'Malley): That the Council:
a) Notes
the minutes of the Mosgiel-Taieri Community Board meeting held on Motion carried (CNL/2019/053) |
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Moved (Cr Jules Radich/Cr Jim O'Malley): That the Council:
a) Notes the minutes of the Saddle Hill Community Board meeting held on 07 November 2019 Motion carried (CNL/2019/054) |
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Moved (Cr Jim O'Malley/Cr Rachel Elder): That the Council:
a) Notes the minutes of the Waikouaiti Coast Community Board meeting held on 07 November 2019 Motion carried (CNL/2019/055) |
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Moved (Cr Steve Walker/Cr Sophie Barker): That the Council:
a) Notes the minutes of the West Harbour Community Board meeting held on 07 November 2019. Motion carried (CNL/2019/056) |
13 Approval to Grant Electricity Easement to Aurora Energy - part Mosgiel Memorial Park |
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A report from Parks and Recreation discussed an application by Aurora Energy Limited for the grant of an electricity easement over part of Mosgiel Memorial Park. |
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The Group Manager Parks and Recreation (Robert West) and Leasing and Land Advisor (Owen Graham) spoke to the report and responded to questions.
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Moved (Cr Mike Lord/Cr Chris Staynes): That the Council:
a) Grants, as administering body of the Mosgiel Memorial Park, 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 part of the Mosgiel Memorial Park (Record of Title 296322). b) Decides that the criteria for exemption from public notification had 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, approves an easement in gross to Aurora Energy Limited for the installation of underground cables and ancillary equipment over part of Mosgiel Memorial Park (Record of Title 296322). Motion carried (CNL/2019/057) |
14 Approval to Grant two Drainage Easements over Part Fraser's Creek Local Purpose (Esplanade) Reserve |
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A report from Parks and Recreation discussed an application by TPD and JPD Trustees Limited (the Applicant), owners of 152A Kaikorai Valley Road, Dunedin, for the grant of two drainage easements over part of the Local Purpose (Esplanade) Reserve adjoining Fraser’s Creek adjacent to 152A Kaikorai Valley Road. The easements would enable the owners to connect into the existing Council foul sewer that was located within the Local Purpose (Esplanade) Reserve and to discharge collected rainwater directly into Fraser’s Creek. The easement requirements were a condition of the resource consent issued for the four-lot subdivision of 152A Kaikorai Valley Road, Dunedin (SUB-2019-89). |
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The Group Manager Parks and Recreation (Robert West) and Leasing and Land Advisor (Owen Graham) spoke to the report.
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Moved (Cr Chris Staynes/Cr Mike Lord): That the Council:
a) Acting in its capacity as the administering body of part of the Fraser’s Creek Local Purpose (Esplanade) Reserve pursuant to the Reserves Act 1977: i) Grants easements to drain water and sewage over part of the Fraser’s Creek Local Purpose (Esplanade) Reserve adjacent to 152A Kaikorai Valley Road, Dunedin, being Lot 5 DP 521710, Record of Title 830080, subject to the conditions outlined in this report. ii) Approves waiving the annual rental for use of the reserve. iii) Decides that the criteria for exemption from public notification had been met. b) Acting under delegation from the Minister of Conservation dated 12 June 2013, and pursuant to section 48 of the Reserves Act 1977, consents to the grant of easements to drain water and sewage over part of the Fraser’s Creek Local Purpose (Esplanade) Reserve adjacent to 152A Kaikorai Valley Road, Dunedin, being Lot 5 DP 521710, Record of Title 830080, subject to the conditions outlined in this report. Motion carried (CNL/2019/058) |
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A report from Transport sought consideration of a proposal for the renaming of ‘Desert Road’, which joins Harington Point Road on the Otago Peninsula to ‘Moepuku Road’. |
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The General Manager Infrastructure Services (Simon Drew) and Team Leader Regulatory Management – Transport (Tami Sargeant) spoke to the report and responded to questions.
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Moved (Cr Steve Walker/Cr Marie Laufiso): That the Council:
a) Approves renaming ‘Desert Road’ to ‘Moepuku Road’. Motion carried (CNL/2019/059) |
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A report from Transport sought approval of a name for a new road off Holyhead Street, Outram, as part of the Balmoral development by Balmoral Developments (Outram) Ltd. The new road name proposed by the developer was ‘Frank Ferguson Place’, and ‘Franks Place’ as an alternative name. The report noted that ‘Frank Ferguson Place’ did not comply with the length criteria of the Road Naming Policy however the name ‘Franks Place’ did comply and was presented for consideration and approval. |
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The General Manager Infrastructure Services (Simon Drew) and Team Leader Regulatory Management – Transport (Tami Sargeant) spoke to the report and responded to questions.
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Moved (Cr Steve Walker/Cr Jules Radich): That the Council:
a) Approves naming of a new road off Holyhead Street, Outram, within the Balmoral development as ‘Franks Place’. Motion carried (CNL/2019/060) |
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A report from Transport sought approval a new road in the Highland Park Subdivision off Dundee Road, Mosgiel, to be named Silverdale Place. |
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The General Manager Infrastructure Services (Simon Drew) and Team Leader Regulatory Management – Transport (Tami Sargeant) spoke to the report and responded to questions.
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Moved (Cr Chris Staynes/Cr Christine Garey): That the Council:
a) Approves naming of a new road off Dundee Road, Mosgiel, within the Highland Park Subdivision as ‘Silverdale Place’. Motion carried (CNL/2019/061) |
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A report from Transport sought approval for a private way off Caledonia Drive, Mosgiel, to be named Neil Collins Lane as part of the Stage 11 of the Silver Springs subdivision. |
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The General Manager Infrastructure Services (Simon Drew) and Team Leader Regulatory Management – Transport (Tami Sargeant) spoke to the report and responded to questions.
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Moved (Cr Chris Staynes/Cr Carmen Houlahan): That the Council:
a) Approves naming the private way off Caledonia Drive, Mosgiel, as ‘Neil Collins Lane’. Motion carried (CNL/2019/062) |
19 Naming of a private way off 212 Gladstone Road North, Mosgiel |
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A report from Transport sought approval for a private way off 212 Gladstone Road North, Mosgiel to be named Pomerania Lane.
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The General Manager Infrastructure Services (Simon Drew) and Team Leader Regulatory Management – Transport (Tami Sargeant) spoke to the report and responded to questions.
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Moved (Cr Mike Lord/Cr Christine Garey): That the Council:
a) Approves naming the private way off 212 Gladstone Road North, Mosgiel, as ‘Pomerania Way’. Motion carried (CNL/2019/063) |
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A report from Transport recommended a review of the Roading Bylaw 2008 as the most appropriate way to address roading related issues in Dunedin, including regulating the activities of road corridor users and their impact on the roading asset. The Roading Bylaw would be automatically revoked on 30 June 2020 if it is not reviewed. |
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The General Manager Infrastructure Services (Simon Drew) and Team Leader Regulatory Management – Transport (Tami Sargeant) spoke to the report and responded to questions.
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Moved (Cr Jim O'Malley/Cr Christine Garey): That the Council:
a) Determines that a bylaw is the most appropriate way to regulate the activities of road corridor users and their impact on the roading asset in Dunedin. b) Notes that a draft Statement of Proposal and draft Roading Bylaw 2020 will be developed and presented to the Council in January 2020. c) Notes that a draft proposed Speed Limits Bylaw 2004 amendment will be developed and presented to the Council in January 2020. Motion carried (CNL/2019/064) |
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A report from Civic sought approval for the adoption of a meeting schedule for 2020, in accordance with Clause 19(6)(a) of Schedule 7 of the Local Government Act 2002. This Clause allows the Council to adopt a schedule of meetings to cover any future period that the local authority considers appropriate.
The General Manager City Services (Sandy Graham) spoke to the report and responded to questions. |
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Moved (Cr Chris Staynes/Cr Rachel Elder): That the Council:
a) Approves the proposed meeting schedule for 2020 as appended to the report. b) Notes that the Community Boards would confirm their own meeting dates at their next meetings. Motion carried (CNL/2019/065) |
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A report from Civic advised that the delegation to the Dunedin Heritage Trust Fund was needed to allow the December 2019 meeting to proceed. |
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The General Manager City Services (Sandy Graham) spoke to the report and responded to questions. |
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Moved (Cr Lee Vandervis/Cr David Benson-Pope): That the Council:
a) Approves the delegation for the Dunedin Heritage Trust Fund. Motion carried (CNL/2019/066) |
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A report from Finance provided the financial results for the period ended 31 October 2019 and the financial position as at that date. |
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The General Manager Finance and Commercial (Dave Tombs), Financial Controller (Gavin Logie) and Financial Analyst (Lawrie Warwood) spoke to the report.
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Moved (Cr Mike Lord/Cr Jim O'Malley): That the Council:
a) Notes the Financial Performance for the period ended 31 October 2019 and the Financial Position as at that date. Motion carried (CNL/2019/067) |
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A report from Finance advised that the current DCC Group borrowing arrangements required the level of Dunedin City Holdings Limited (“DCHL”) uncalled share capital to be greater than DCC Group debt. The uncalled share capital of DCHL was currently $850m. |
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The Chief Executive Officer (Sue Bidrose) and General Manager Finance and Commercial (Dave Tombs) spoke to the report and responded to questions on equity and debt level and provided comparisons with the Dunedin City Council and other Councils.
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Moved (Cr Mike Lord/Cr David Benson-Pope): That the Council:
a) Notes that using the existing DCC Treasury framework, the share capital of Dunedin City Holdings Limited needs to be increased to enable future DCC Group debt to exceed $850m. b) Recommends the share capital of Dunedin City Holdings Limited be increased to provide $975m of uncalled share capital. c) Instructs DCHL that DCC Group debt cannot exceed the level included in the current DCHL Statement of Intent ($927m) without a specific resolution of council authorising such an increase. Division The Council voted by division:
For: Crs Sophie Barker, David Benson-Pope, Rachel Elder, Christine Garey, Doug Hall, Carmen Houlahan, Marie Laufiso, Mike Lord, Jim O'Malley, Jules Radich, Chris Staynes, Steve Walker and Mayor Aaron Hawkins (13). Against: Cr Lee Vandervis (1). Abstained: Nil
The division was declared CARRIED by 13 votes to 1
Motion carried (CNL/2019/068) |
It was moved (Mayor Aaron Hawkins/Cr Christine Garey)
That the Council:
Adjourn the meeting for 15 minutes.
Motion carried
The meeting adjourned at 3.19 pm and reconvened at 3.35 pm.
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Standing Order 20.2(c) was suspended for the duration of this item.
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A report from the Chief Executive Officer advised that a Code of Conduct complaint was laid on receipt of a complaint by a Dunedin City Council (DCC) Customer Service Centre staff member about the behaviour of Cr Lee Vandervis.
The matter was investigated in line with the process outlined in the Code of Conduct and a report into the complaint and a summary of legal issues was provided for consideration.
Councillor Vandervis spoke to the matter and advised that, in his opinion, there had been no breach and gave reasons for his view.
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Councillor Vandervis then withdrew from the item.
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Councillors spoke to the perceived breach and agreed to accept the findings of the investigation and issue Cr Vandervis with a written censure.
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Moved (Cr Mike Lord/Cr Christine Garey): That the Council: a) Accept the findings of David Benham’s investigation; and b) Issue a written censure to Cr Vandervis in response. Division The Council voted by division
For: Crs Sophie Barker, David Benson-Pope, Rachel Elder, Christine Garey, Doug Hall, Carmen Houlahan, Marie Laufiso, Mike Lord, Jim O'Malley, Jules Radich, Chris Staynes, Steve Walker and Mayor Aaron Hawkins (13). Against: Nil Abstained: Nil The division was declared CARRIED by 13 votes to 0 Motion carried (CNL/2019/069) |
Cr Vandervis returned to the table at 4.13 pm
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In accordance with Standing Order 26.1, a Notice of Motion had been received from Mayor Aaron Hawkins. Mayor Aaron Hawkins spoke to the Notice of Motion which was then considered by Council.
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Moved (Mayor Aaron Hawkins/Cr Steve Walker): That the Council:
a) Requests that the Minister for Energy reinvest any non-compliance penalties handed down to Aurora into energy efficiency initiatives in the DCC, CODC and QLDC areas; b) Seeks support from other funding and public agencies to further advance this work; and c) Ask staff to identify options to broaden existing council mechanisms that deliver on our Cosy Homes ambitions. Division The Council voted by division
For: Crs Sophie Barker, David Benson-Pope, Rachel Elder, Christine Garey, Doug Hall, Carmen Houlahan, Marie Laufiso, Mike Lord, Jim O'Malley, Jules Radich, Chris Staynes, Steve Walker and Aaron Hawkins (13). Against: Cr Lee Vandervis (1). Abstained: Nil
The division was declared CARRIED by 13 votes to 1
Motion carried (CNL/2019/070)
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In accordance with Standing Order 26.1, a Notice of Motion had been received from Cr Jules Radich. Councillor Radich spoke to the Notice of Motion which was then considered by Council. |
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Moved (Cr Jules Radich/Cr Jim O'Malley): That the Council:
a) Requests a report assessing the feasibility of, and options for reinstating the existing timber groyne structure at St Clair Beach, including: i) An assessment of the risks and benefits of the groyne including reference to Kettle Park and the risks of doing nothing ii) A construction time and cost estimate iii) A strategic assessment of its effects on the wider coastal system and the Council’s exisiting work programme Division The Council voted by division
For: Crs Sophie Barker, David Benson-Pope, Rachel Elder, Doug Hall, Carmen Houlahan, Mike Lord, Jim O'Malley, Jules Radich, Chris Staynes, Lee Vandervis, Steve Walker and Aaron Hawkins (12). Against: Crs Christine Garey and Marie Laufiso (2). Abstained: Nil
The division was declared CARRIED by 12 votes to 2
Motion carried (CNL/2019/071) |
Moved (Mayor Aaron Hawkins/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:
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 Keith Cooper (Chairperson, Dunedin City Holdings Ltd) be permitted to attend the meeting to speak to Item C2, Potential Land Transactions to provide assistance in relation to the matters to be discussed.
Motion carried (CNL/2019/073) |
The meeting moved into confidential at 5.18 pm and concluded at 6.02 pm.
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MAYOR