23
June 2017
Order
Paper for Council meeting to be held in the
Council
Chambers, 2nd Floor, 30 Laings Road, Lower Hutt,
on:
Thursday 29
June 2017 commencing at 6.00pm
Membership
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Mayor
W R Wallace (Chair)
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Deputy
Mayor D Bassett
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Cr G Barratt
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Cr C Barry
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Cr L Bridson
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Cr J Briggs
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Cr MJ Cousins
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Cr S Edwards
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Cr T Lewis
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Cr M Lulich
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Cr G McDonald
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Cr C Milne
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Cr L Sutton
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For
the dates and times of Council Meetings please visit www.huttcity.govt.nz
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COUNCIL
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Membership:
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13
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Meeting Cycle:
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Council
meets on a six weekly basis (Extraordinary Meetings can be called following a
resolution of Council; or on the requisition of the Chair or one third of the
total membership of Council)
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Power to (being a power that is not capable of being
delegated):
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Make a rate.
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Make bylaws.
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Borrow money other than in accordance with the Long
Term Plan (LTP).
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Purchase or dispose of assets other than in
accordance with the LTP.
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Purchase or dispose of Council land and property
other than in accordance with the LTP.
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Adopt the LTP, Annual Plan and Annual Report.
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Adopt policies required to be adopted and
consulted on under the Act in association with the LTP or developed for the
purpose of the Local Governance Statement.
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Appoint the Chief Executive.
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Exercise any powers and duties conferred or imposed
on the local authority by the Public Works Act 1981 or the Resource Management
Act 1991 that are unable to be delegated.
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Undertake all other actions which are by law not
capable of being delegated.
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The power to adopt a
Remuneration and Employment Policy.
Decide on:
Policy
issues
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Adoption of all policy required by legislation.
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Adoption of policies with a city-wide or
strategic focus.
District
Plan
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Promotion of Plan Changes and Variations
recommended by the District Plan Committee prior to public notification.
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The withdrawal of Plan Changes in accordance
with clause 8D, Part 1, Schedule 1 of the Resource Management Act 1991.
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Approval, to make operative, of District Plan
and Plan Changes (in accordance with clause 17, Part 1, Schedule 1 of the Resource
Management Act 1991).
Representation,
electoral and governance matters
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The method of voting for the Triennial elections.
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Representation reviews.
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Council’s Code of Conduct and Local
Governance Statement.
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Elected Members Remuneration.
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The outcome of any extraordinary vacancies on
Council.
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Any other matters for which a local authority
decision is required under the Local Electoral Act 2001.
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All matters identified in these Terms of
Reference as delegated to Council Committees (or otherwise delegated by the
Council) and oversee those delegations.
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Council‘s delegations to officers and
community boards.
Delegations
and employment of the Chief Executive
The review and negotiation of the contract,
performance agreement and remuneration of the Chief Executive.
Meetings
and committees
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Standing Orders for Council and its committees.
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Council’s annual meeting schedule.
Operational
matters
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The establishment and disposal of any Council
Controlled Organisation or Council Controlled Trading Organisation and approval
of annual Statements of Corporate Intent on the recommendation of the Finance and
Performance Committee.
•
Civil Defence Emergency Management Group matters
requiring Council’s input.
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Road closing and road stopping matters.
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All other matters for which final authority is
not delegated.
Appoint:
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The non-elected members of the Standing
Committees (including extraordinary vacancies of non-elected representatives).
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The Directors of Council Controlled
Organisations and Council Controlled Trading Organisations.
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Council’s nominee on any Trust.
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Council representatives on any outside
organisations (where applicable and time permits, recommendations for the
appointment may be sought from the appropriate standing committee and/or
outside organisations).
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The Chief Executive of Hutt City Council.
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Council’s Electoral Officer, Principal
Rural Fire Officer and any other appointments required by statute.
Ordinary
meeting to be held in the Council Chambers, 2nd Floor, 30 Laings Road, Lower
Hutt on
Thursday
29 June 2017 commencing at 6.00pm.
ORDER
PAPER
Public Business
1. APOLOGIES
Cr Milne
2. PUBLIC
COMMENT
Generally up to
30 minutes is set aside for public comment (three minutes per speaker on items appearing on the agenda). Speakers may be
asked questions on the matters they raise.
3. CONFLICT
OF INTEREST DECLARATIONS
4. Setting Rates for the year ending 30th June
2018 (17/904)
Report
No. HCC2017/3/148 (2) by the Chief Financial Officer 10
Mayor’s Recommendation:
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“That the recommendation
contained in the report be endorsed.”
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5. Private Plan Change 45 - Rule Amendments and Rezoning of Land at 1N
and 57N Mandel Mews
Final Approval and Operative Date
(17/854)
Report No. HCC2017/3/147 (2) by the Senior
Environmental Policy Analyst 16
Mayor’s
Recommendation:
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“That the recommendations contained in the report be
endorsed.”
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6. Appointment of Deputy Chair of Lower Hutt District Licensing
Committee (17/964)
Report No. HCC2017/3/97 (2) by the Senior
Committee Advisor 33
Mayor’s
Recommendation:
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“That the recommendations contained in the memorandum be
endorsed.”
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7. Local Government New Zealand - Remit Proposals (17/912)
Report No. HCC2017/3/51 (2) by the
Divisional Manager, Secretariat Services 35
Mayor’s
Recommendation:
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“That the recommendations contained in the memorandum be
endorsed.”
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8. QUESTIONS
With reference to
section 32 of Standing Orders, before putting a question a member shall
endeavour to obtain the information. Questions shall be concise and in writing
and handed to the Chair prior to the commencement of the meeting.
9. EXCLUSION
OF THE PUBLIC
MAYOR'S
RECOMMENDATION:
“That the
public be excluded from the following parts of the proceedings of this meeting,
namely:
10. Appointment of Trustees to the Hutt City
Community Facilities Trust (17/923)
The general subject of each matter to be considered while
the public is excluded, the reason for passing this resolution in relation to
each matter, and the specific grounds under section 48(1) of the Local
Government Official Information and Meetings Act 1987 for the passing of this
resolution are as follows:
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(A)
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(B)
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(C)
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General subject of the matter to be considered.
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Reason for passing this resolution in relation to each
matter.
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Ground under section 48(1) for the passing of this
resolution.
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Appointment of Trustees to the Hutt City Community
Facilities Trust.
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The withholding of the information is necessary to protect
the privacy of natural persons. (s7(2)(a)).
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That the public conduct of the relevant part of the
proceedings of the meeting would be likely to result in the disclosure of
information for which good reason for withholding exist.
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This resolution
is made in reliance on section 48(1) of the Local Government Official
Information and Meetings Act 1987 and the particular interest or interests protected
by section 6 or 7 of that Act which would be prejudiced by the holding of the
whole or the relevant part of the proceedings of the meeting in public are as
specified in Column (B) above.”
Kathryn Stannard
DIVISIONAL MANAGER SECRETARIAT SERVICES
Hutt City
Council
13 June 2017
File: (17/904)
Report
no: HCC2017/3/148
(2)
Setting Rates for the
year ending 30th June 2018
Purpose
of Report
1. The
purpose of this report is to pass the rates resolution for the year ending 30
June 2018 including authorising the charging of penalties on unpaid rates
during the year.
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Recommendation
It is recommended that Council
resolves to set rates and add penalties to unpaid rates during the 2017/18
rating year by passing the resolution set out in Appendix 1 attached to the
report.
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Background
2. At
the Community Plan Committee on 8 June 2017 the draft Annual Plan for 2017/18
was amended and recommended to Council for approval – which subsequently
occurred. The attached resolution is now proposed to be passed in order
to generate the rates revenue requirement for 2017/18.
3. The
Community Plan Committee and Council also agree to a one year freeze of the
current rates differential transition.
Discussion
4. The
Annual Plan shows an increase in total rates revenue of 3.3 per cent - this
represents an overall average increase of 2.3 per cent per ratepayer across all
rating categories plus an estimated additional 1.0 per cent for growth in the
rates base.
5. Actual
growth in the rates base in 2016/17 is now estimated to be 0.6 per cent.
A further reduction in the rateable value of Queensgate was recently accepted
by Quotable Value Limited which reduced the growth rate from 0.8 per cent to
0.6 per cent.
6. A
total rates revenue increase of 2.9 per cent, rather than 3.3 per cent, has
therefore been used to calculate the General Rate “cents in the $”
for each rating category in 2017/18.
7. The
percentage change in each rating category will vary because of the change in
the valuation mix of the rates base resulting from the three yearly revaluation
of properties by Quotable Value Limited in October 2016, and from changes in
the mix of general rate and targeted fixed rates for each property
category. Residential property values increased on average by 24 per cent
from 2013 to 2016, while average commercial property values increased by less
than 10 per cent over the same period.
8. The
changes in rates for the average value property in each major property
category will be;
9. The
changes in residential rates for the average value property in each
suburb will be;
10. The rates
amounts in the above tables are for Hutt City Council rates only and do not
include GWRC’s rates, and are inclusive of GST.
11. The
percentage change figures for each property category and residential by suburb
are slightly different from those included in the Consultation Document because
the latest calculations use the most recent rating data available and final
approved budgets.
12. As in
previous years, the rating resolution includes authority to charge late payment
penalties of 10 per cent on rates instalments not paid by the due date.
In addition it also provides for additional 10 per cent penalties to be charged
each six months on rates remaining outstanding from previous years.
Consultation
13. Consultation
on rates and rating formed part of the 2017/18 Draft Annual Plan consultation.
Legal
Considerations
14. The rates
are being set in accordance with the Local Government (Rating) Act 2002, the
requirements of which include the following;
· publishing
indicative rates for the year as part of the consultation process prior to
setting the rates;
· after
setting the rates, sending each ratepayer:
- an
assessment showing full details of rates on each rating unit, including how
each rate is calculated and what activities are funded by the rate.
- a brief description of the Council’s rates remission and
postponement policies.
· sending
a copy of the resolution setting the rates to the Secretary of Local Government
within 20 working days of it being passed.
Financial
Considerations
15. Setting the
rates allows the rates to be billed and collected for the new financial year,
thereby securing the Council’s cash flow for the year in accordance with
Annual Plan requirements.
16. The Annual
Plan assumed growth in the rates base of 1.0 per cent during 2016/17.
Actual growth during 2016/17 is now expected to be 0.6 per cent. The
actual increase in total rates revenue will be 2.9 per cent and will result in
an estimated $395,000 unfavourable rates revenue variance in 2017/18 against
the approved Annual Plan.
Other
Considerations
17. In making this recommendation,
officers have given careful consideration to the purpose of local government in
section 10 of the Local Government Act 2002. Officers believe that this
recommendation falls within the purpose of the local government in that it assists
Council in meeting its future needs by raising funds from the ratepayers in
accordance with the approved Annual Plan.
Appendices
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No.
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Title
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Page
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1⇩
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HCC FINAL Rates Resolution 2017 18
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14
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Author: Brent
Kibblewhite
Chief Financial Officer
Approved By: Tony Stallinger
Chief Executive
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Attachment 1
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HCC FINAL Rates Resolution 2017 18
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1.
SETTING THE RATES
In
accordance with the relevant provisions of the current Long Term Community Plan
and the Funding Impact Statement in the 2016/2017 Annual Plan, the Council
hereby resolves, pursuant to Section 23 of the Local Government (Rating)
Act 2002, to set and assess the following rates for the year commencing 1
July 2017 and ending 30 June 2018.
(a) A
General Rate set and assessed under sections 13 and 14 of the Local Government
(Rating) Act 2002 on every rating unit in the district, differentially on those
categories of rateable land as defined in the Hutt City Council Funding Impact
Statement as follows:
The
General rates in the dollar calculated on the capital value of each rating unit
shall be:
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Differential
Category
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Cents in the $
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Residential
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RE
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0.30472
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Rural
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RU
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0.22244
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Business
Accommodation
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BA
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0.80750
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Business
Central
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BC
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0.91415
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Business
Suburban
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BS
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0.86844
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Utility
Networks
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UN
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0.73132
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Community
Facilities 1
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C1
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0.30472
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Community
Facilities 2
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C2
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0.15236
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Community
Facilities 3
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C3
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0.73132
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(b) A
Targeted Rate (Water Supply Rate) set and assessed under sections
16 and 19 of the Local Government (Rating) Act 2002, of $394.00, on
every separately used or inhabited portion of a rating unit in the district to
which water is supplied, with a charge of $197.00 on every separately
used or inhabited portion of a rating unit to which water can be, but is not
supplied, (being a property situated within 100 metres from any part of the
water works).
(c) A
Targeted Rate (Wastewater Rate) set and assessed under sections
16 and 17 of the Local Government (Rating) Act 2002, of $435.00, on the
first water closet or urinal connected to the wastewater system from each
rating unit, and a charge of $217.50 for the second and each subsequent
water closet or urinal from each rating unit so connected, provided that each
household is charged for no more than one water closet.
(d)
A Targeted Rate (Recycling Charge) set and assessed under
sections 16 and 17 of the Local Government (Rating) Act 2002 of $40.50 on
every separately used or inhabited portion of a rating unit in the Residential differential
category to which the recycling collection service is provided, or is available
to be provided.
(e) A
Targeted Rate (Jackson Street Programme Rate) set and
assessed under sections 16 and 17 of the Local Government (Rating) Act 2002 of .079403
cents in the dollar on the capital value of every rating unit in a Business
differential category which is situated within that area of the former Petone
Borough with a frontage on Jackson Street between the Hutt Road and Cuba
Street.
The
above rates for the financial year ending 30 June 2018 are all inclusive of GST
at the prevailing rate and are payable by six instalments by the following due
dates:
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Instalment No.
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Due
Date
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One
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20
August 2017
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Two
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20
October 2017
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Three
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20
December 2017
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Four
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20
February 2018
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Five
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20
April 2018
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Six
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20
June 2018
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Where
a due date falls on a weekend or public holiday the next business day rule
applies.
2. AUTHORISING PENALTY CHARGES
AND pursuant
to Sections 57 and 58 of the Local Government (Rating) Act 2002, the Council
further resolves for the period from 1 July 2017 to 30 June 2018 to:
(a)
Authorise a penalty charge of 10% to be added to the amount of rates remaining
unpaid for each instalment after the due date. The dates upon which the 10%
penalty charge will be added to any rates remaining unpaid for each instalment
will be the day after the date each instalment is due;
(b)
Authorise a further penalty charge of 10% to be added to rates levied prior to
1 July 2017 and which remain unpaid after the 20 August 2017 instalment has
been processed. This penalty will be added to the amount of unpaid rates
the day after the 20 August 2017 instalment has been processed;
(c)
Authorise a further penalty charge of 10% to be added to rates levied prior to
1 July 2017 and which remain unpaid after the 20 February 2018 instalment has
been processed. This penalty will be added to the amount of unpaid rates
the day after the 20 February 2018 instalment has been processed.
Hutt City Council
29 May 2017
File: (17/854)
Report
no: HCC2017/3/147
(2)
Private Plan Change
45 - Rule Amendments and Rezoning of Land at 1N and 57N Mandel Mews
Final Approval and Operative Date
Purpose
of Report
1. To
obtain final approval of Council for Private Plan Change 45 to the City of
Lower Hutt District Plan, making the Plan Change operative.
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Recommendations
It is recommended that the
Council:
(i) resolves,
pursuant to clause 17 of the First Schedule of the Resource Management Act
1991, to approve Plan Change 45 to the City of Lower Hutt District Plan, as
outlined in Appendix 1 to the report;
(ii) approves
the affixing of the Common Seal to Plan Change 45 in accordance with Standing
Order 8.2, as set out in Appendix 2 to the report; and
(iii) notes that a public notice will be included in the Hutt News on 4
July 2017 advising the operative date of Plan Change 45.
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Background
2. The purpose of Plan Change 45 is to delete Rules 4A 2.1 (q) and 11.2.2.1 (a) ‘Other’ from
the City of Lower Hutt District Plan (District Plan) which apply to the land at
1N and 57N Mandel Mews. The Plan Change also zones Lot 64 DP 319972 (1N
Mandel Mews) as General Residential Activity Area in its entirety and zones Lot
64 DP 329306 (57N Mandel Mews) as General Recreational Activity Area in its
entirety.
3. The
Private Plan Change was lodged by Cuttriss Consultants on behalf of Best Value Homes Limited in November 2016. It
will enable the development and use of 1N Mandel Mews for residential purposes.
Submissions
4. Private
Plan Change 45 was publicly notified on 24 January 2017 and submissions closed
on 24 February 2017. The summary of decisions requested was notified on
14 March 2017 and further submissions closed on 28 March 2017. In total three
submissions, one late submission and no further submissions were received.
5. A
hearing was not required because none of the submitters wished to be heard.
6. Councillor
Lisa Bridson was appointed as the sole commissioner and taking into account the
submissions received made decisions on the private plan change request and the
submissions received.
7. All
submitters and the private plan change requestor were notified directly of the
decision and were given the opportunity to lodge an appeal with the Environment
Court. A Public Notice was placed in the Hutt News. The period for
appeals closed on 13 June 2017 and no appeals were lodged.
8. The
final steps of the plan change
process are for Council to give its final approval under clause 17 of the First Schedule of the Resource Management Act 1991,
give the private plan change the ‘Common Seal of
Council’ and to announce the operative date by way of a Public Notice.
Discussion
9. To
make the plan change operative, Council must give final approval by giving the Common Seal of Council. The plan change then becomes operative at
least five working days after it is publicly notified.
10. It is proposed to include a Public Notice in the Hutt News on 4 July 2017
notifying that the plan change will become operative on 11 July 2017. All
submitters as well as the plan change requestor.
Options
11. There
are no further options to discuss.
Consultation
12. Public
consultation has been undertaken as required by the Resource Management
Act 1991.
Legal
Considerations
13. Clauses
17 and 20 of the First Schedule of the Resource Management Act 1991, which set
out the legal procedures, have been followed in making this plan change
operative.
Financial
Considerations
14. No financial
considerations.
Other
Considerations
15. In making
this recommendation, officers have given careful consideration to the purpose
of local government in section 10 of the Local Government Act 2002. Officers
believe that this recommendation falls within the purpose of the local
government in that it completes the process for Private Plan Change 45 under
the RMA.
Appendices
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No.
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Title
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Page
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1⇩
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PC 45 - Operative - Appendix 1
Operative Plan Change
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19
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2⇩
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PC 45 - Operative - Appendix 2
Sign and Seal
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31
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Author: Corinna
Tessendorf
Senior Environmental Policy Analyst
Reviewed By: Andrew Cumming
Divisional Manager Environmental Policy
Approved By: Kim Kelly
General Manager, Strategic Services
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Attachment 1
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PC 45 - Operative - Appendix 1 Operative Plan Change
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Attachment 2
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PC 45 - Operative - Appendix 2 Sign and Seal
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Our
Reference 17/964
TO: Mayor
and Councillors
Hutt City Council
FROM: Kate Glanville
DATE: 21 June 2017
SUBJECT: Appointment of Deputy Chair of
Lower Hutt District Licensing Committee
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Recommendation
It is recommended that Council:
(i) approves the appointment of Cr Simon
Edwards as Deputy Chair and a list member of the Lower Hutt District
Licensing Committee effective from 1 August 2017 for the remainder of his
term of office; and
(ii) notes that Cr
Bridson will be resigning as Deputy Chair and a list member of the Lower Hutt
District Licensing Committee on 31 July 2017.
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Purpose
of Memorandum
1. This
report asks Council to consider the appointment of a new Deputy Chair and list
member to the Lower Hutt District Licensing Committee (DLC).
Background
2. At
its meeting on 15 December 2016, Council approved the appointment of Cr Bridson
as Deputy Chair and a list member of the Lower Hutt District Licensing
Committee for her term of office during this triennium (Minute No. C16501(3)).
3. Cr
Bridson is also a Board member of Hutt Valley District Health Board (HVDHB).
4. A
number of objections received in relation to District Licensing applications
are received from Regional Public Health. As Cr Bridson is a Board member
of the HVDHB she has a conflict of interest regarding applications opposed to
by Regional Public Health and is unable to sit as a member on a DLC
hearing. Regional Public Health is the public health service arm of the
HVDHB.
5. Section
192(5)(a) of the Sale and Supply of Alcohol Act 2012 states:
5.
A person must not be included on the list if—
(a) the territorial authority believes that person has, directly
or by virtue of his or her relationship with another person, such an
involvement or appearance of involvement with the alcohol industry that he or
she could not perform his or her duties without actual bias or the appearance
of bias.
6. Due
to this conflict, Cr Edwards has been approached to become Deputy Chair and a
list member of the Lower Hutt DLC effective from 1 July 2017. Subject to
Council approval, Cr Edwards is happy to accept the appointment.
7. Cr
Edwards has the essential and desirable competencies to be appointed as the
Deputy Chair and list member of the DLC.
8. Support
for Cr Edwards will be in the form of technical guidance and training to ensure
the ongoing capability of the DLC.
Appendices
There are no
appendices for this report.
Author: Kate
Glanville
Senior Committee Advisor
Reviewed By: Kathryn Stannard
Divisional Manager, Secretariat Services
Approved By: Joycelyn Raffills
General Manager, Governance and Regulatory
Our
Reference 17/912
TO: Mayor
and Councillors
Hutt City Council
FROM: Kathryn Stannard
DATE: 15 June 2017
SUBJECT: Local Government New Zealand -
Remit Proposals
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Recommendation
It is recommended that Council notes the
following remits being submitted to Local Government New Zealand for
consideration at the 2017 Annual General Meeting and :
(a) supports
the remit to amend the Litter Act 1979 to enable Councils to legally issue
infringement notices where there is evidence of an offence attached as
Appendix 1 to the memorandum;
(b) supports
the remit to use the appropriate mechanisms to enable a proportion of the 15%
Goods and Services Tax (GST) be returned to the regions it was generated in
so that Councils can use this money to pay for the servicing of visitor
infrastructure attached as Appendix 1 to the memorandum;
(c) does
not support the remit to take legislative action as a matter of urgency to
develop national legislation to manage cats with the proviso that legislation
includes provision for cost recovery for cat management attached as Appendix
1 to the memorandum; and
(d) supports the remit ( attached as Appendix 1 to the memorandum)
suggesting that all Councils should consider the development of a Sugar
Sweetened Beverages Policy for their respective workplaces and facilities
noting that Councils have the power to develop and adopt their own policies.
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Purpose
of Memorandum
1. To
obtain Council formal support or not for remits being proposed for the 2017
Annual General Meeting of local Government New Zealand (LGNZ).
2. The remits are
attached as Appendix 1 to the memorandum. Full papers in support of the
remits have not yet been provided to Council, but will be circulated or tabled
if received in time for this meeting.
3. Officers will be
present to discuss the implications of each remit.
Option
4. Council
can choose whether or not to support the remits going forward to the LGNZ AGM.
Appendices
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No.
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Title
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Page
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1⇩
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LGNZ 2017 AGM remits
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37
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Author: Kathryn
Stannard
Divisional Manager, Secretariat Services
Approved By: Tony Stallinger
Chief Executive
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Attachment 1
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LGNZ 2017 AGM remits
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