Council

MINUTES

Minutes of an ordinary meeting of the Dunedin City Council held in the Council Chamber, Municipal Chambers, The Octagon, Dunedin on Tuesday 08 December 2020, commencing at 10.00 am

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

Sandy Graham (Chief Executive Officer), Simon Drew (General Manager Infrastructure Services), Simon Pickford (General Manager Community Services), John Christie (Director Enterprise Dunedin), Gavin Logie (Acting General Manager Finance), Graham McKerracher (Manager, Council Communications and Marketing); Chris Henderson (Group Manager Waste and Environmental Solutions), Nicola Pinfold (Group Manager Community and Planning), Sean Jacobs (Senior Policy Analyst), Andrea Jones (Communication Team Leader), Richard Davey (Treasury Manager), Paul Henderson (Acting Group Manager Customer and Regulatory Services), Kevin Mechen (Secretary, District Licensing Committee) and Clare Sullivan (Team Leader Civic), Jeanette Wikaira (Kaiwhakamāherehere), and Jemma Adams (General Manager, Dunedin City Holdings) and Keith Cooper (Chairman, Dunedin City Holdings)

Governance Support Officer                  Lynne Adamson

1          Opening

Jambavati from the Hare Krishna community opened the meeting with a prayer.

2          Public Forum

2.1       Public Forum - Strath Taieri Heritage Park

Jacquie Lucas-Prattley and Richard Emerson spoke on behalf of the Concept Development Team, Strath Taieri Heritage Park.  They provided an update on the Heritage Park/Project Steam venture and responded to questions.

2.2       Public Forum – Place Based Community Building

Tess Trotter and Joy Davis provided an update on key themes which arose from their report Resourcing Place-Based Community Building in Ōtepoti Dunedin which had been precirculated.

Moved (The Mayor/Cr Christine Garey):

That the Council:

Extends the public forum.

Motion carried

2.2       Public Forum – Place Based Community Building continued

Ms Trotter and Ms Davis the responded to questions and spoke of the benefits place based groups provided with linkage to wider support networks.

3          Apologies

There were no apologies.

4          Confirmation of agenda
	Moved (Mayor Aaron Hawkins/Cr Christine Garey): That the Council: Confirms the agenda without addition or alteration. Motion carried

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.

Cr Mike Lord advised that he was the Chairperson of the Otago Rural Support Trust and the Federated Farmers Charitable Trust and was a Trustee of Otago Youth Adventure Trust.

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.

c)     Notes the proposed management plan for the Executive Leadership Team’s Interests.

Motion carried (CNL/2020/104)

6          Confirmation of Minutes

6.1       Ordinary Council meeting - 17 November 2020
	Moved (Mayor Aaron Hawkins/Cr Christine Garey): That the Council: Confirms the public part of the minutes of the Ordinary Council meeting held on 17 November 2020 as a correct record. Motion carried

6.2       Ordinary Council meeting - 24 November 2020
	Moved (Mayor Aaron Hawkins/Cr Christine Garey): That the Council: Confirms the public part of the minutes of the Ordinary Council meeting held on 24 November 2020 as a correct record. Motion carried

Minutes of Community Boards

7          Mosgiel-Taieri Community Board - 12 August 2020
	Moved (Mayor Aaron Hawkins/Cr Christine Garey): That the Council: Notes the minutes of the Mosgiel-Taieri Community Board meeting held on 12 August 2020 Motion carried

8          Mosgiel-Taieri Community Board - 30 September 2020
	Moved (Mayor Aaron Hawkins/Cr Christine Garey): That the Council: Notes the minutes of the Mosgiel-Taieri Community Board meeting held on 30 September 2020 Motion carried

9          Otago Peninsula Community Board - 24 September 2020
	Moved (Mayor Aaron Hawkins/Cr Christine Garey): That the Council: Notes the minutes of the Otago Peninsula Community Board meeting held on 24 September 2020. Motion carried

10        Saddle Hill Community Board - 24 September 2020
	Moved (Mayor Aaron Hawkins/Cr Christine Garey): That the Council: Notes the minutes of the Saddle Hill Community Board meeting held on 24 September 2020 Motion carried

11        Strath Taieri Community Board - 24 September 2020
	Moved (Mayor Aaron Hawkins/Cr Christine Garey): That the Council: Notes the minutes of the Strath Taieri Community Board meeting held on 24 September 2020. Motion carried

12        Waikouaiti Coast Community Board - 30 September 2020
	Moved (Mayor Aaron Hawkins/Cr Christine Garey): That the Council: Notes minutes of the Waikouaiti Coast Community Board meeting held on 30 September 2020. Motion carried

13        West Harbour Community Board - 30 September 2020
	Moved (Mayor Aaron Hawkins/Cr Christine Garey): That the Council: Notes the minutes of the West Harbour Community Board meeting held on 30 September 2020. Motion carried

Reports

14        Kerbside Collections and Options
	A report from Waste and Environmental Solutions provided an update on the results of preliminary community engagement on alternative waste collection models for the Dunedin area, and to recommend a preferred option to be included for public consultation in the 10 year plan 2021–31.
	The General Manager Infrastructure Services (Simon Drew) and Group Manager Waste and Environmental Solutions (Chris Henderson) spoke to the report and responded to questions on the different options presented.
During discussion Cr Rachel Elder left the meeting at 11.01 am and returned at 11.04 am. Cr Mike Lord left the meeting at 11.08 am and returned at 11.10 am. Cr Doug Hall left the meeting at 11.17 am and returned at 11.23 am; he left the meeting at 11.50 am and returned at 11.53 am and left the meeting at 12.37 pm and returned at 12.41 pm.
	Moved (Cr Jim O'Malley/Cr Marie Laufiso): That the Council: a)         Approves the “Four Bins plus one – separate food and green waste collection” option to be included in the Ten year plan 2021–31 consultation document as the preferred option. b)        Approves the three bins enhanced status quo option to be included in the Ten year plan 2021–31 consultation document as the alternative option. c)         Requests a report for the January Council meeting on alternative funding options including by way of the general rate.  d)        Notes that the options presented would not be suitable for all properties in the Central Activity Area. e)     Notes that the options presented would not be suitable for all properties in the              Rural collections area. 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, Andrew Whiley and Mayor Aaron Hawkins (14). Against:         Cr Lee Vandervis (1). Abstained:   Nil The division was declared CARRIED by 14 votes to 1 Motion carried (CNL/2020/105)

Moved Mayor Aaron Hawkins/Cr Christine Garey:

That the Council:

Adjourns the meeting and reconvenes at 1.30 pm.

Motion carried

The meeting adjourned at 12.43 pm and reconvened at 1.30 pm.

15        TEN Year Plan - Early engagement feedback
	A report from Corporate Policy summarised the feedback received through early engagement on the Ten Year Plan 2021–31.
	The Group Manager Community and Planning (Nicola Pinfold) and Senior Policy Analyst (Sean Jacobs) spoke to the report and responded to questions on the early engagement feedback.
	Moved (Cr Steve Walker/Cr Doug Hall): That the Council: Notes the feedback received from the community through early engagement on the Council’s 10 Year Plan 2021-31 and that feedback will inform reports on the Ten Year Plan. Motion carried (CNL/2020/106)

16        2020 Annual Reports for the Dunedin City Holdings Ltd Group
	A report from Finance appended the 2020 Annual Reports of Dunedin City Holdings Ltd (DCHL) Group companies.
	The Chairman, Dunedin City Holdings Limited (Keith Cooper) and General Manager, Dunedin City Holdings Limited (Jemma Adams) spoke and responded to questions on the Annual Reports of the Dunedin City Holding Companies Ltd Group.
	Moved (Cr Mike Lord/Cr Doug Hall): That the Council: Notes the 2020 Annual Reports of: -           Dunedin City Holdings Ltd -           Aurora Energy Ltd -           City Forests Ltd -           Delta Utility Services Ltd -           Dunedin City Treasury Ltd -           Dunedin Railways Ltd -           Dunedin Stadium Property Trust Ltd -           Dunedin Venues Management Ltd -           Dunedin International Airport Ltd Motion carried (CNL/2020/107)

17        Waipori Fund - Quarter Ending September 2020
	A report from Dunedin City Treasury Limited provided information on the results of the Waipori Fund for the quarter ended 30 September 2020.
	The Acting General Manager Finance (Gavin Logie) and Treasury Manager (Richard Davey) spoke to the report and responded to questions.
	Moved (Cr Andrew Whiley/Cr Mike Lord): That the Council: Notes the report from Dunedin City Treasury Limited on the Waipori Fund for the quarter ended 30 September 2020. Motion carried (CNL/2020/108)

18        Financial Result - Period Ended 31 October 2020
	A report from Finance provided the financial results for the period ended 31 October 2020 and the financial position as at that date.
	The Acting General Manager (Gavin Logie) spoke to the report and responded to questions.
	Moved (Cr Mike Lord/Cr Doug Hall): That the Council: Notes the Financial Performance for the period ended 31 October 2020 and the Financial Position as at that date. Motion carried (CNL/2020/109)

19        Regulatory Subcommittee Recommendations on Submissions to the Proposed Trade Waste Bylaw 2020 and Proposed Stormwater Quality Bylaw 2020
	A report from Civic presented the findings of the Regulatory Subcommittee on submissions to the proposed Trade Waste Bylaw 2020 and the proposed Stormwater Quality Bylaw 2020.
	The Chairperson, Regulatory Subcommittee (Cr Andrew Whiley) spoke to the recommendations.
	Moved (Cr Andrew Whiley/Cr Jules Radich): That the Council: a)     Notes that the Regulatory Subcommittee had heard and considered submissions on the proposed Trade Waste Bylaw 2020 and the proposed Stormwater Quality Bylaw 2020 as notified. b)     Approves the recommended amendments to specific provisions of the proposed Trade Waste Bylaw 2020 and the proposed Stormwater Quality Bylaw 2020. c)     Adopts the Trade Waste Bylaw as recommended by the Regulatory Subcommittee. d)     Adopts the Stormwater Quality Bylaw as recommended by the Regulatory Subcommittee. e)     Approves a date of effect for the Trade Waste Bylaw and the Stormwater Quality Bylaw of 1 February 2021. f)     Revokes the Trade Waste Bylaw 2008 from 1 February 2021. Motion carried (CNL/2020/110)

20        Review of Dangerous and Insanitary Buildings Policy
	Crs Lee Vandervis and Carmen Houlahan withdrew from this item. A report from Customer and Regulatory Services provided an update on the review of the Dangerous and Insanitary Buildings Policy with a view to including ‘affected’ buildings. An affected building was defined as one that was adjacent, adjoining or nearby a dangerous building or dangerous dam.
	The General Manager Community Services (Simon Pickford) and Acting Group Manager Customer and Regulatory Services (Paul Henderson), spoke to the report and responded to questions.
	Moved (Cr Andrew Whiley/Cr Rachel Elder): That the Council: a)     Notes the review of the Dangerous and Insanitary Buildings Policy b)     Approves the statement of proposal and the proposed Dangerous, Insanitary and Affected Buildings Policy for consultation c)     Appoints the following members to the Regulatory Subcommittee to hear and consider submissions and make recommendations to the Council: Cr Andrew Whiley (Chair), Cr Lee Vandervis and Cr Carmen Houlahan. Motion carried (CNL/2020/111)

21        Review of Gambling and TAB Venue Policy
	Crs Christine Garey; Marie Laufiso and Jules Radich withdrew from this item. A report from Customer and Regulatory Services provided an update on the review of the Gambling and TAB Venue Policy. It sought approval for the statement of proposal for consultation and requested that members be appointed to the Regulatory Subcommittee to hear and consider submissions.
	The General Manager Community Services (Simon Pickford) and Secretary, District Licensing Committee (Kevin Mechen) spoke to the report and responded to questions.
	Moved (Cr Andrew Whiley/Cr Chris Staynes): That the Council: a)     Notes the update on the review of the Gambling and TAB Venue Policy b)     Approves the statement of proposal at Attachment B and Gambling and TAB Venue Policy at Attachment A for consultation purposes c)     Appoints the following members to the Regulatory Subcommittee: Cr Christine Garey (Chair), Cr Marie Laufiso and Cr Jules Radich. Motion carried (CNL/2020/112)

22        Warrant Cards 2019/20
	A report from Community Services provided an annual report of warrants issued by the Chief Executive Officer for the 12-month period ending 31 October 2020.
	The Chief Executive Officer (Sandy Graham) spoke to the report and responded to questions.
	Moved (Cr Chris Staynes/Cr Steve Walker): That the Council: Notes the Warrant Cards 2019/20 report for the 12 month period ending 31 October 2020. Motion carried (CNL/2020/113)

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  Ordinary Council meeting - 17 November 2020 - Public Excluded	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)(c)(i) The withholding of the information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to prejudice the supply of similar information or information from the same source and it is in the public interest that such information should continue to be supplied.	.
C2  Kerbside Collection - Legal Issues	S7(2)(g) The withholding of the information is necessary to maintain legal professional privilege.	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  Representation Review - Appointment of Independent Review Panel and Confirmation of Terms of Reference	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.
C4  Foulden Maar	S7(2)(g) The withholding of the information is necessary to maintain legal professional privilege. S7(2)(i) The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).	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.
C5  Centre of Digital Excellence	S7(2)(g) The withholding of the information is necessary to maintain legal professional privilege. S7(2)(h) The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities. S7(2)(i) The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).	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.
C6  New Zealand Masters Games Appointment of Trustee	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.

That the meeting adjourn to enable media and members of the public to leave the room.

The meeting moved into confidential at 2.19 pm and concluded at 3.52 pm.

…………………………………………………….

MAYOR