Council

MINUTES

 

Confirmed minutes of an ordinary meeting of the Dunedin City Council held in the Council Chamber, Municipal Chambers, The Octagon, Dunedin on Monday 12 December 2016, commencing at 1.02 pm

 

 

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 (via audio link for items 5-8)

 

 

 

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), Kristy Rusher (Manager Civic and Legal), Ruth Stokes (General Manager Infrastructure and Networks), Adrian Blair (Group Manager Customer and Regulatory Services), Tom Dyer (Acting Group Manager Parks and Recreation), Jendi Paterson (Recreation Planning and Facilities Manager), Ashley Reid (Parks and Recreation Planner) and Richard Saunders (Group Manager Transport).

 

Governance Support Officer       Pam Jordan

 

 

1       Opening

Father Mark Chamberlain, Catholic University Chaplain, opened the meeting with a prayer.


 

3       Apologies

Moved (Mayor Dave Cull/Cr Chris Staynes):

 

That the Council:

 

Receives apologies from Crs Mike Lord, Doug Hall and Kate Wilson (for lateness).

 

Motion carried (CNL/2016/178)

 

4       Confirmation of agenda

 

 

Moved (Mayor Dave Cull/Cr Chris Staynes):

 

That the Council:

 

Confirms the agenda with the following additions or alterations:

 

·         Public forum to be the next item.

·         Council to move into non-public to consider those items.

·         A press conference to be held following consideration of the Aurora/Delta Review.

·         Council to resume in public after completion of the non-public items.

 

Motion carried (CNL/2016/179) Cr Vandervis recorded his vote against

 

 

Cr Doug Hall entered the meeting at 1.10 pm.

2       Public Forum

2.1    Mosgiel Pool Project

 

Irene Mosley and Bill Feather, Taieri Community Facilities Trust, addressed the meeting concerning the Mosgiel Pool Project.  Mrs Mosley provided background information on the history of the pool project and Council decision-making on the subject.  She noted that there was no perfect site but that the Trust was now concentrating on two sites and would seek public feedback on them in the coming weeks.  These were the existing pool site and an alternative site on Reid Avenue next to the Athletics Club building.  Feedback would be collated and presented to the Council in March in preparation for a Council decision.  An update was also provided on fundraising.

Mrs Mosley and Mr Feather also responded to questions from Councillors.

 

2.2    Future Use of Tomahawk School Site

 

Paul Pope, Chairperson, Otago Peninsula Community Board, addressed the meeting concerning the Future Use of Tomahawk School Site report.

He noted that the issue of the school site had taken up a considerable amount of time since the school had closed.  There was local anxiety about the future use of the school.  Staff had done an excellent job over the future use of the site and there had been good community engagement.  He was pleased to see the report on the agenda today.

 

 

2.3    Aramoana Wharf

 

John Davis, Andrew Noone and Tracey Densem, Aramoana Pilots' Wharf Restoration Trust, addressed the meeting concerning the Aramoana Wharf Removal.

The group was disappointed at the recommendation to remove the wharf.  Mr Noone commented on the background to the project and noted that the same equipment would be needed to demolish the wharf as to rebuild it.  It would take more effort to demolish the wharf and then rebuild it at a later date.  Steps had been time consuming eg the response from the Department of Conservation.   The group believed health and safety concerns could be overcome.  They also suggested new recommendations asking for the report to lie on the table, for the Council to lodge a concession application with the Department of Conservation and for steps to be taken to stop public access in the meantime.

Ms Densem acknowledged the MWH key conclusion that the wharf remained in a dangerous condition but considered that the cost of removal could be underestimated and that restoration would have less impact than demolition.

Trust members responded to questions from Councillors.

 

2.6    Portobello Road Widening

 

Robert Thompson and Tom Vick, Spokes, addressed the meeting concerning Portobello Road Widening.  The group considered that the ideal solution would be to completely remove cyclists from traffic.

Group members had attended a meeting at Portobello the previous week and found plans had been changed from an earlier layout decision.  Cyclists would be using the road and a shared path.  Planned cycle lanes were narrower than what was already there and below the minimum standards from NZTA.  A shared path was not suitable for cyclists and pedestrians to share.  The group did not think the layout would work adequately for cyclists or anyone and it did not meet community expectations.

Mr Thompson responded to questions from Councillors and advised that the group was interested in working with the Council constructively.

 

2.4    Minor Extension of Alcohol Restriction Area

 

Ian Paulin, Alcohol Harm Minimisation Officer, New Zealand Police, addressed the meeting concerning the Minor Extension of Alcohol Restriction Area report.

The current liquor ban area had proved to be a tool in reducing alcohol-related harm in the central city for over a decade.  The area had not changed in that time to reflect changes in the city.  Police wanted changes to reflect recent problem areas including View Street, the Dowling Street steps, Dowling Street, and various city car parks. 

Mr Paulin commented on responses to public complaints and proactive policing and advised that he could circulate statistics for the information of Councillors.  He was of the view, when responding to questions from Councillors, that additional signage in the area would be helpful.

 


 

 

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 parts 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

2.5 Public Forum – Minor Extension of Alcohol Restriction Area

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.

 

 

C1  Director Appointments/Reappointments 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 and/or reappointment of directors is made public once the applicants have been notified of the decision.

C2  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.

The information contained in this report remains confidential until Council has determined the level of fees and advised Dunedin City Holdings Limited of the outcome at which point the information can be made public.

C3  Aurora/Delta Review

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)(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  Appointment to External Organisations

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 Messrs Graham Crombie, and Keith Cooper (DCHL) and Kyle Cameron (Deloitte) be permitted to remain at this meeting after the public has been excluded because of their knowledge of Item C3.  This knowledge, which will be of assistance in relation to the matters to be discussed, is relevant because they are Directors of Dunedin City Holdings Ltd and the lead auditor for the Aurora/Delta Review, respectively.

Motion carried (CNL/2016/180)

 

 

The meeting moved into non-public from 2.02 pm to 5.31 pm.  Cr Kate Wilson joined the meeting via audio link when the meeting resumed in public.

 

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 General Manager Strategy and Governance advised of an amendment to Cr Vandervis' interests, with the first residential property interest to read "no conflict identified", and the proposed management plan also to be amended accordingly.

 

 

Moved (Mayor Dave Cull/Cr Chris Staynes):

 

That the Council:

a)         Amends the Elected Members' Interest Register attached as Attachment A of the report relating to Cr Vandervis; and

 

b)        Confirms the proposed Management Plan for Elected Members' Interests.

Motion carried (CNL/2016/181)

 

Reports

6       Minor Extension of Alcohol Restriction Area

 

A report from Customer and Regulatory Services advised that the police had asked for consideration to be given to the expansion of the central city restriction area into neighbouring streets as well as the inner city car parks.  They would also like further consideration to be given to a broader extension to the central city restriction.

The area covered by the provisions of the Liquor (Control of Liquor in Public Places) Bylaw 2004 (the 'bylaw' – Attachment A of the report) had remained unchanged since its introduction. 

A minor extension of the central city area to include the main car parks and streets immediately adjacent to the current area was able to be done by resolution pursuant to section 156(2) of the Local Government Act if Council considered there would be only a minor impact on the public in those areas.

The bylaw was last reviewed in 2012, but the introduction of the Sale and Supply of Alcohol Act 2012 (the 'Act') had seen some definitions change both in this Act and the Local Government Act 2002 following amendments to the legislation.  The bylaw required editorial changes to reflect new definitions of words and phrases.  There would be no changes to the duties and responsibilities detailed in the bylaw therefore consultation would not be required.

An updated map of the area to be covered by the bylaw had been circulated.

 

Staff answered questions from Councillors.

 

 

Moved (Cr Lee Vandervis/Cr Doug Hall):

 

That the Council:

 

a)     Approves the minor extension of the alcohol restriction area as shown in Schedule B of the amended bylaw at Attachment D, and described as:

i)      George Street between The Octagon and Albany Street, Princes Street between The Octagon and Jetty Street and all public places including streets, service lanes, lanes, footpaths, carparks and reserves (including The Octagon, Exchange, Queens Gardens, Railway Station and the grounds of First Church) within the areas bounded by, and including both sides of:

·      Filleul, London and George Streets; and,

·      Albany, Malcolm and Cumberland Streets; and,

·      Lower Stuart Street to the Railway Station; and,

·      Queens Gardens (east), High and Rattray Streets; and,

·      Bond, Jetty and Manse Streets; and,

·      Broadway and Rattray Street; and,

·      Smith Street and York Place to Filleul Street; and,

·      The skatepark park situated at Thomas Burns Street (including railway footbridge).

b)     Determines that it is satisfied that in respect to the area that is subject to the minor extension:

i)      There is evidence that the area to which the bylaw applies has experienced a high level of crime or disorder that can be shown to have been caused or made worse by alcohol consumption in the area;

ii)     The minor extension is appropriate and proportionate in respect of the high level of crime or disorder experienced;

iii)    The provisions of the bylaw are a reasonable limitation on people's rights and freedoms

c)     Approves the editorial changes in the Liquor (Control of Liquor in Public Places) Bylaw 2004.

d)     Notes that the extended area will take effect from 14 days after the resolution is publicly notified in the Otago Daily Times.

e)     Notes that staff will report back to Council regarding a wider extension to the central city restriction, and the extension of the bylaw to an area in North Dunedin in 2017. 

Motion carried (CNL/2016/182)

 

 

7       Future Use of Tomahawk School Site

 

A report from Parks and Recreation presented the outcome of the Expressions of Interest (EOI) process for the future use of the 1.6 hectare former Tomahawk School site at 31 Luke Street, Ocean Grove.

It was recommended that Council grant a 20 year lease of the buildings and immediate surrounding area to the Andersons Bay Community Kindergarten (the Kindergarten) for the purposes of early childhood education, community use and research base.  The remaining green space would be retained by Council for dune protection and public recreational activity.

The Acting Group Manager Parks and Recreation and Recreation Planning and Facilities Manager responded to questions from Councillors.  Staff were thanked for the work carried out on this project.

 

Moved (Cr Andrew Whiley/Cr Chris Staynes):

 

That the Council:

 

a)     Approves a twenty year lease for the former Tomahawk School buildings and immediate surrounds being granted to Andersons Bay Community Kindergarten for the area agreed for the purpose of early childhood education, community use and research base.

b)     Notes that the site will be held as fee simple and managed in accordance with the Coastal Dune Reserves Management Plan (2010).

c)     Notes that staff will arrange for the demolition of the old school pool as soon as possible.

Motion carried (CNL/2016/183) Cr Laufiso recorded her vote against

 

 

8       Aramoana Wharf Removal

 

A report from Parks and Recreation recommended the removal of the Aramoana Wharf due to the unsafe and deteriorating condition of the wharf.  The structure had reached a stage where allowing it to remain was a risk to public safety.  A proposal to restore the Wharf would not ensure that public safety risks were avoided.

It was recommended that the structure should be removed as soon as possible at an estimated cost of $40,000.  Staff would continue to work with external stakeholders on any proposals to reinstate a structure at this site.

The Acting Group Manager Parks and Recreation and Recreation Planning and Facilities Manager spoke to the report and responded to questions from Councillors. 

 

 

Moved (Cr Kate Wilson/Cr David Benson-Pope):

 

That the Council:

 

a)     Approves the removal of the Aramoana wharf due to the risk posed to public health and safety.

b)     Notes that staff will continue to work with the Aramoana community on future options for new structures or potential developments where the current Aramoana wharf is located.

c)     Directs staff during the removal process to proactively recover all reusable material from the wharf.

Cr Wilson left the meeting at 6.30 pm.

Division

The Council voted by division:

 

For:          Crs David Benson-Pope, Aaron Hawkins, Damian Newell and Conrad Stedman and Mayor Dave Cull (5).

Against:     Crs Christine Garey, Doug Hall, Marie Laufiso, Mike Lord, Jim O'Malley, Chris Staynes, Lee Vandervis and Andrew Whiley (8).

 

The division was declared LOST by 8 votes to 5

 

Crs Damian Newell, Mike Lord and Doug Hall left the meeting from 6.45 pm to 6.47 pm.

 

Adjournment of meeting

 

 

Moved (Mayor Dave Cull/Cr Andrew Whiley):

 

That the Council:

Adjourns the meeting.

Motion carried (CNL/2016/184)

 

The meeting adjourned from 6.48 pm to 6.57 pm.

 

 

Moved (Cr Chris Staynes/Cr Jim O'Malley):

 

That the Council:

 

a)     Approves the partial removal of the Aramoana wharf due to the risk posed to public health and safety.

b)     Directs staff during the removal process to leave in place any piles in good condition and recover and store all reusable material from the wharf.

c)      Notes that staff will continue to work with the Aramoana community on future options for new structures or potential developments where the current Aramoana wharf is located and immediately apply for the Department of Conservation concession.

Motion carried (CNL/2016/185)

 

 

9       Review of Reserves Bylaw 2005

 

A report from Parks and Recreation noted that a review of the Reserves Bylaw 2005 (the Bylaw) commenced on 4 October 2016.  The outcome of the review was a recommendation that Council should revoke the existing bylaw and make a new bylaw to control reserves and beaches.  The report sought approval to commence the Special Consultative Procedure (SCP) and approval of the Statement of Proposal to revoke the Bylaw and make a new Reserves and Beaches bylaw. 

The proposal also sought to consult on the topic of dogs within reserves and beaches.   Those submissions would be included in the review of the Dog Control Bylaw 2016 which would commence in 2017.

There were three main proposals being consulted on:

a)     The expansion of the scope of the bylaw to include beaches as well as reserves so that management of these spaces was consistent.

b)     Expanding provisions to control the use of vehicles and aircraft (including drones) on reserves and beaches.

c)     Inclusion of speed limit and access restrictions for vehicles and boats on reserves and beaches

Freedom Camping was not included in the Statement of Proposal as Council will consider this issue separately

 

 

Moved (Cr David Benson-Pope/Cr Doug Hall):

 

That the Council:

 

 

a)     Approves the Statement of Proposal to revoke the Reserves Bylaw 2005 and make a new bylaw, the Reserves and Beaches Bylaw 2017. 

b)     Notes that staff will report the outcome of the public consultation and final draft Bylaw for adoption by Council in mid-2017.  

c)         Approves an amended statement of proposal that explains vehicles on reserves and beaches will be managed under the Land Transport Act 1998.

 

d)        Amends the bylaw to include a provision that it is made under authority of the Land Transport Act 1998.

 

e)         Delegates the General Manager Strategy and Governance and General Manager Infrastructure and Networks the authority to approve amendments and commence the special consultative procedure.

Motion carried (CNL/2016/186)

 

 

Extension of Meeting

 

 

Moved (Mayor Dave Cull/Cr David Benson-Pope):

 

That the Council:

Extends the meeting beyond six hours to allow the completion of all business.

Motion carried (CNL/2016/187)

 

 

10     Resolution to Stop a Portion of Netherby Street, Dunedin

 

A report from Transport recommended completing the road stopping at 70 Mornington Road, Dunedin as the notice period had concluded with no objections.

 

The Group Manager Transport responded to questions from Councillors.

 

 

Moved (Mayor Dave Cull/Cr Chris Staynes):

 

That the Council:

 

a)     Resolves that under Section 342 of the Local Government Act 1974 the portion of unformed road described as Section 1 SO 483507 is stopped, with costs being met by the applicant as per the Infrastructure Services Committee resolution.

b)     Notes that no objections were submitted during the notice period.

c)     Authorises public notice of the road stopping.

Motion carried (CNL/2016/188)

 

11     Submission on Proposed Marine Protected Areas near Dunedin

 

A report from Water and Waste advised that the South-East Marine Protection Forum/ Roopu Manaaki ki te Toka had called for submissions on the public consultation document 'Proposed Marine Protected Areas for New Zealand's South Island South-East Coast'.  Areas identified for protection would have restrictions placed on various activities.

A draft submission had been prepared for the Council's consideration, on proposed marine protected areas offshore of Dunedin, to ensure wastewater and stormwater discharges from Dunedin City were recognised and provided for.  The alignment of this proposal with the Council's strategic framework was also noted in the submission.

 

Moved (Cr Chris Staynes/Cr Damian Newell):

 

That the Council:

 

a)     Approves the Dunedin City Council submission to the South-East Marine Protection Forum/Roopu Manaaki ki te Toka on proposed Marine Protected Areas offshore from Dunedin.

Motion carried (CNL/2016/189)

 

12     Committee Structure and Delegations Manual 2016

 

A report from the Executive Leadership Team advised that changes had been made to the Committee Structure and Delegations Manual to reflect the committee structure established for the current triennium.  The manual was now presented for formal adoption by the Council.  Two amendments to the document were circulated for information.

 

Moved (Cr Andrew Whiley/Cr Doug Hall):

 

That the Council:

 

a)     Approves and adopts the Committee Structure and Delegations Manual 2016 with any editorial changes/amendments as considered necessary.  

Motion carried (CNL/2016/190)

 

13     Appointments to Outside Organisations

 

A report from Mayor Dave Cull advised that there were several organisations throughout the city to which the Council was required or entitled to appoint representatives under the terms of those organisations' constitutions.  The report contained recommendations for those appointments.

 

 

Moved (Cr Chris Staynes/Cr Andrew Whiley):

 

That the Council:

 

a)         Approves the appointments to the following outside organisations:

Committee Name

Appointment

Craigieburn Reserve Committee

Two required:

1)    Cr Kate Wilson (appointed at 6 December 2016 Council meeting)

2)    Cr Doug Hall

Otago Settlers Association

One required:

1)    Cr Marie Laufiso

 

Motion carried (CNL/2016/191)

 

 

 

The meeting concluded at 7.10 pm.

 

 

 

 

 

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

MAYOR