Council

MINUTES

 

Minutes of an ordinary meeting of the Dunedin City Council held via Zoom Audio Visual Link on Monday 04 May 2020, commencing at 1.00 pm

 

PRESENT

 

Mayor

Mayor Aaron Hawkins

 

Deputy Mayor

Cr Christine Garey

 

 

Members

Cr Sophie Barker

Cr David Benson-Pope

 

Cr Rachel Elder

Cr Doug Hall

 

Cr Carmen Houlahan

Cr Marie Laufiso

 

Cr Mike Lord

Cr Jim O'Malley

 

Cr Jules Radich

Cr Chris Staynes

 

Cr Lee Vandervis

Cr Steve Walker

 

Cr Andrew Whiley

 

 

 

IN ATTENDANCE

Sue Bidrose (Chief Executive Officer), Sandy Graham (General Manager City Services) and Clare Sullivan (Team leader Civic)

 

Governance Support Officer                  Lynne Adamson

 

 

 

1          Public Forum

There was no Public Forum.   

 

2          Apologies

There were no apologies.

 

3          Confirmation of agenda

 

 

Moved (Mayor Aaron Hawkins/Cr Christine Garey):

That the Council:

 

Confirms the agenda with the following alteration

 

In regard to Standing Order 21.4, Option C be adopted in relation to moving and seconding and speaking to amendments.

 

Division

The Council voted by division:

 

For:                  Crs Sophie Barker, David Benson-Pope, Rachel Elder, Christine Garey, Marie Laufiso, Mike Lord, Jim O'Malley, Chris Staynes, Steve Walker, Andrew Whiley and Aaron Hawkins (11).

Against:          Crs Doug Hall, Carmen Houlahan, Jules Radich and Lee Vandervis (4).

Abstained:    Nil

 

The division was declared CARRIED by 11 votes to 4

 

Motion carried (CNL/2020/050)

 

 

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 Aaron Hawkins/Cr Steve Walker):

That the Council:

 

a)     Notes the Elected Members' Interest Register; and

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

c)     Notes the staff members’ Interest Register.

 Motion carried (CNL/2020/051)

 

5          Confirmation of Minutes

5.1       Ordinary Council meeting - 24 February 2020

 

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

That the Council:

 

Confirms the public part of the minutes of the Ordinary Council meeting held on 24 February 2020 as a correct record.

Motion carried (CNL/2020/052)

 

5.2       Ordinary Council meeting - 4 March 2020

 

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

That the Council:

 

Confirms the public part of the minutes of the Ordinary Council meeting held on 04 March 2020 as a correct record.

Motion carried (CNL/2020/053)

 

5.3       Ordinary Council meeting - 9 March 2020

 

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

That the Council:

 

Confirms the public part of the minutes of the Ordinary Council meeting held on 09 March 2020 as a correct record.

Motion carried (CNL/2020/054)

   

Reports

6          Mayor's Report

 

The Mayor spoke to his report which requested updated budgets for the Annual Plan 2020/2021 deliberations to reflect  the changed environment caused by the effects of COVID-19. It also dealt with a number of COVID-19 related matters that require approval of Council.

There was an indepth discussion on the changed environment due to the COVID-19 pandemic and the impact this may have on budgets.

 

 

Moved (Mayor Aaron Hawkins/Cr Chris Staynes):

That the Council:

 

 

a)         Acknowledges the unanticipated impacts of COVID-19 on the DCC Draft Annual Plan 2020/2021.

 

b)        Requests staff prepare revised Annual Plan 2020/21 budgets that reflect the impacts of COVID-19 in time for Council consideration at the Annual Plan deliberations meeting.

 

c)         Requests as part of the revised budgets, a report that provides options for alternative rate increases and funding, with an assessment of any impacts on service levels, rates, borrowing and the ongoing impacts for future years.

 

d)        Requests that consideration be given to ways that ratepayers facing financial hardship might be supported, in addition to a lower overall rate increase.

 

e)        Endorses the letter from the Mayor to the Remuneration Authority requesting no change in elected members’ remuneration for the 2020/21 year.

 

f)         Accepts the offer of the Chief Executive to take a voluntary 15% reduction in remuneration from 1 May 2020 to 22  November 2020.

 

g)         Approves that the Grants Management Policy requirements for any unspent funds within one year of receipt of the funds, be suspended due to the COVID-19.

 

h)        Approves that the Grants Subcommittee be given the delegated authority to determine the appropriate time periods for spending allocated funds until 31 October 2020 and amends the Committee Structure and Delegations Manual accordingly.

 

i)                    Approves extending the timeframes for Council Controlled Organisations to finalise their Statements of Intent by one month to 31 May 2020.

 

Following discussion it was moved (Cr Christine Garey/Cr Jim O’Malley):

 

             That the Council:

 

                         Adjourns the meeting until 1.50 pm.

 

                         Motion carried

 

The meeting adjourned at 1.35 pm and reconvened at 1.50 pm

The meeting adjourned at 1.54 pm and reconvened at 1.58 pm.

 

 

Division

The Council then 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, Lee Vandervis, Steve Walker, Andrew Whiley and Aaron Hawkins (15).

Against:          Nil

Abstained:    Nil

 

The division was declared CARRIED by 15 votes to 0

 

Motion carried (CNL/2020/055)

 

 

Moved (Mayor Aaron Hawkins/Cr Chris Staynes):

 

             That the Council:

 

                         Adjourns the meeting for 3 minutes.

 

                         Motion carried

 

The meeting adjourned at 2.04 pm and reconvened at 2.06 pm.

7          DCC COVID-19 Response

 

A report from the Chief Executive provided a high-level overview of the approach being undertaken by the Dunedin City Council in response to COVID-19 pandemic.

The Chief Executive Officer (Sue Bidrose) spoke to the report and responded to questions on the comparison of the Dunedin City Council (DCC) response with other Councils.  She advised that the alert levels undertaken by the DCC were in alignment with the central government levels. 

In response to questions Dr Bidrose spoke of the support provided to leasees of Council owned business properties unable to access their premises and rates deferral for residential customers who were struggling.

 

 

Moved (Mayor Aaron Hawkins/Cr Chris Staynes):

That the Council:

 

a)       Notes the various actions that Dunedin City Council has taken in response to the COVID-19 pandemic.

b)      Request a report to the next Planning & Environment Committee meeting on:

i)            Temporary options to encourage people back into the city centre while ensuring safe physical distancing, including free retailer use of footpaths; traffic calming measures; and shared spaces;

ii)           How council could approach local communities to see whether they wished to request neighbourhood slow speed streets in other centres and suburbs, for the purpose of safe physical distancing in shopping or recreation;

iii)         noting that any such measures would be designed to take effect for the duration of Alert Level 2, or until physical distancing was no longer required.

 

An amendment was moved (Cr Rachel Elder/Cr Jules Radich):

That the Council:

c)       Requests that staff undertake a survey of central city business owners for their thoughts and ideas on how to bring people back into the central city.

Motion carried (CNL/2020/056) with Crs Carmen Houlahan and Lee Vandervis recording their votes against.

 

 

 

Moved (Mayor Aaron Hawkins/Cr Christine Garey):

 

That the Council:

 

Adjourns the meeting for three minutes.

 

Motion carried

The meeting was adjourned at 3.10 pm and reconvened at 3.15 pm.

 

 

 

 

 

Moved (Mayor Aaron Hawkins/Cr Chris Staynes):

The substantive motion was then put:

That the Council:

 

a)       Notes the various actions that Dunedin City Council has taken in response to the COVID-19 pandemic.

b)      Request a report to the next Planning & Environment Committee meeting on:

i)        Temporary options to encourage people back into the city centre while ensuring safe physical distancing, including free retailer use of footpaths; traffic calming measures; and shared spaces;

ii)           How council could approach local communities to see whether they wished to request neighbourhood slow speed streets in other centres and suburbs, for the purpose of safe physical distancing in shopping or recreation;

iii)         noting that any such measures would be designed to take effect for the duration of Alert Level 2, or until physical distancing was no longer required.

c)       Requests that staff undertake a survey of central city business owners for their thoughts and ideas on how to bring people back to the central city.

Division

The Council voted by division:

 

For:                  Crs Sophie Barker, David Benson-Pope, Rachel Elder, Christine Garey, Doug Hall, Marie Laufiso, Mike Lord, Jim O'Malley, Jules Radich, Chris Staynes, Lee Vandervis, Steve Walker, Andrew Whiley and Aaron Hawkins (14).

Against:          Cr Carmen Houlahan (1).

Abstained:    Nil

 

The division was declared CARRIED by 14 votes to 1

 

Motion carried (CNL/2020/057)

 

8          Annual Plan and 10 Year Plan Process Update

 

A report from Corporate Policy and Finance provided the Council with a process update on the development of the Annual Plan 2020/21 and the 10 year plan 2021-31.

The General Manager City Services (Sandy Graham) and Team Leader Regulation Management – Transport (Tami Sargeant) spoke to the report and responded to questions.

 

 

Moved (Cr Chris Staynes/Cr Christine Garey):

That the Council:

 

a)    Notes the Annual Plan 2020/21 and 10 year plan 2021-31 process update.

b)    Notes the LGNZ and SOLGM guidance for the development of 2020/21 Annual Plans, based on independent legal advice from Simpson Grierson.

Motion carried (CNL/2020/058)

 

9          Proposed Trade Waste Bylaw 2020 and Proposed Stormwater Quality Bylaw 2020

 

A report from 3 Waters sought the Council’s approval to notify the proposed Trade Waste Bylaw 2020, proposed Stormwater Quality Bylaw 2020 and the Statement of Proposal, to be used for consultation using the special consultative procedure.

The report noted that Council must also determine, before 30 June 2020, that the proposed bylaws were the most appropriate form of bylaw and did not give rise to any implications under the Bill of Rights Act 1990, or the current Trade Waste Bylaw 2008 would be automatically revoked. Without a  bylaw, the Council would lose its ability to control trade wastes discharges into the wastewater system, and the quality of discharges into the stormwater system.

The General Manager Infrastructure Services (Simon Drew) and Group Manager 3 Waters (Tom Dyer) spoke to the report and responded to questions on the proposed bylaws.

 

 

Moved (Cr Doug Hall/Cr Rachel Elder):

That the Council:

 

a)     Agrees that the proposed Trade Waste Bylaw 2020 and proposed Stormwater Quality Bylaw 2020 are the most appropriate form of bylaws.

 

b)     Determines that the proposed Trade Waste Bylaw 2020 and proposed Stormwater Quality Bylaw 2020 did not give rise to any implications under the New Zealand Bill of Rights Act 1990 and were not inconsistent with the Act.

 

c)     Determines that the special consultative procedure, in accordance with the Local Government Act 2002, must be used to make the proposed Stormwater Quality Bylaw 2020 and the proposed Trade Waste Bylaw 2020.

 

d)     Approves the Statement of Proposal (including the summary of the Statement of Proposal) and the proposed Trade Waste Bylaw 2020 and proposed Stormwater Quality Bylaw 2020 to be notified for consultation, subject to staff making minor corrections and alteration of consultation and project timeframes in the Statement of Proposal and summary of Statement of Proposal to reflect changes needed as a result of consultation delays related to Covid‐19.

 

e)     Notes that the Statement of Proposal and proposed bylaws would be sent to the Minister of Health for comment to meet the requirements of section 148(1) of the Local Government Act 2002.

 

Motion carried (CNL/2020/059)

 

 

Moved (Mayor Aaron Hawkins/Cr Rachel Elder):

 

             That the Council:

 

                         Adjourns the meeting for 10 minutes.

 

                         Motion carried

 

The meeting adjourned at 3.45 pm and reconvened at 3.57 pm.

 

10        Proposed Continuation of the Roading Bylaw

 

A report from Transport sought approval for continuation of the existing Roading Bylaw without amendment, except for the date of the bylaw and clarification of definitions.

The General Manager Infrastructure Services (Simon Drew) and Team Leader Regulatory Management – Transport (Tami Sargeant) advised that the report had first been tabled in February 2020 with clarification sought around the definitions.  They advised that the definitions were consistent with the Land Transport Act.

 

 

Moved (Cr David Benson-Pope/Cr Steve Walker):

That the Council:

 

a)     Determines that continuing the Roading Bylaw was the most appropriate way to regulate the activities of road corridor users and their impact on the roading asset in Dunedin.

c)     Determines that the Roading Bylaw was the most appropriate form of bylaw.

d)     Determines that there were no inconsistencies with the New Zealand Bill of Rights Act 1990.

e)     Notes that the special consultative procedure was not required for the proposed continuation of the Roading Bylaw.

f)      Approves the ‘Proposed continuation of the Roading Bylaw – reasons for proposal’ document for community feedback.

 

Motion carried (CNL/2020/060)

 

11        Request for Council support for Otago Museum's Crown Infrastructure Partners funding application

 

Cr Lee Vandervis withdrew from this item.

 

A report from Ara Toi recommended that Council supported the Otago Museum’s application to Crown Infrastructure Partners for funding of capital works to the Museum.

 

The General Manager Community Services (Simon Pickford) and General Manager City Services (Sandy Graham) spoke to the report and responded to questions.

 

 

Moved (Cr Carmen Houlahan/Cr Rachel Elder):

That the Council:

 

a)     Supports the Otago Museum’s application to Crown Infrastructure Partners for capital funding.

Motion carried (CNL/2020/061)

 

12        DCC Submission on the Otago Regional Council Annual Plan 2020/21

 

A report from Corporate Policy sought retrospective approval for a Dunedin City Council (DCC) submission (to the Otago Regional Council (ORC) on its draft Annual Plan 2020/21.

The General Manager City Services (Sandy Graham) and Group Manager Community and Planning (Nicola Pinfold) spoke to the submission and responded to questions.

It was noted that the Mayor would present the submission to the Otago Regional Council and it was agreed that the presentation be expanded to include the following: Mahekaki - food gathering; funding to address coastal erosion and monitoring of the harbour; ongoing South Dunedin work including their continued investment and partnership and the proposed cycle tunnels.

 

 

Moved (Mayor Aaron Hawkins/Cr Mike Lord):

That the Council:

 

a)     Approves, in retrospect, the DCC submission to the Otago Regional Council draft Annual Plan 2020/21.

 Motion carried (CNL/2020/062)

 

13        DCC submission on the Residential Tenancy Act Amendment Bill

 

A report from Corporate Policy and Property sought retrospective approval for the Dunedin City Council (DCC) submission to the Social Services and Community Committee on the Residential Tenancy Act (RTA) Amendment Bill.

The report noted that the Residential Tenancies Act 1986 had been law for more than 30 years.  The bill proposed a range of changes to modernize the Act so that it was better suited to today’s renting environment and aimed to balance the rights and obligations of tenants and landlords.

 The General Manager City Services (Sandy Graham) and Group Manager Property Services (David Bainbridge-Zafar) spoke to the report.

 

 

Moved (Mayor Aaron Hawkins/Cr Christine Garey):

That the Council:

 

a)     Approves, in retrospect the DCC submission to Parliament on the Residential Tenancy Act Amendment Bill.

Motion carried (CNL/2020/063)

 

14        Local Government (Rating of Whenua Māori) Amendment Bill Submission

 

A report from Corporate Policy sought approval for a Dunedin City Council (DCC) submission to the Māori Affairs Select Committee on the proposed Local Government (Rating of Whenua Māori) Amendment Bill.

The Chief Executive Officer (Sue Bidrose), (Financial Controller) Gavin Logie and (Policy Advisor) Hoani Yates spoke to the report and responded to questions on the submission.

 

 

Moved (Cr Jim O'Malley/Cr Doug Hall):

That the Council:

 

a)     Approves the DCC submission to the Māori Affairs Select Committee on the proposed Local Government (Rating of Whenua Māori) Amendment Bill.

Motion carried (CNL/2020/064)

 

4a       Declaration of Interest Update

 

Cr Jules Radich advised that his register of interest needed to be updated to reflect that he was an owner for property on George Street, Dunedin, therefore he would withdraw from any discussion and voting on items relating to this topic.

 

 

Moved (Mayor Aaron Hawkins/Cr Christine Garey):

That the Council:

 

a)         Revokes Item 4 – Declaration of Interest under standing order 23.1..

Motion carried (CNL/2020/067)

 

 

Moved (Mayor Aaron Hawkins/Cr Christine Garey):

That the Council:

a)     Amends the Elected Members’ Interest Register; and

b)    Confirms the proposed management plan for Elected Members’ Interests; and

c)     Notes the staff members’ Interest Register.

Motion carried (CNL/2020/068)

 

Resolution to exclude the public

Moved (Mayor Aaron Hawkins/Cr Christine Garey):

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  Grants Subcommittee appointment of community representatives

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.

 

C2  Request for Council support for a Crown Infrastructure Partners Funding Application

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.

 

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/2020/069)

 

The meeting moved into confidential at 4.40 pm and concluded at 5.51 pm.

 

 

 

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

MAYOR