2                                             15 August 2017

HUTT CITY COUNCIL

 

Minutes of an ordinary meeting of The Hutt City Council held in the Council Chambers, 2nd Floor, 30 Laings Road, Lower Hutt on

 Tuesday 15 August 2017 commencing at 6.00pm

 

 

 PRESENT:                       Mayor WR Wallace (Chair)

                                          Deputy Mayor D Bassett

Cr G Barratt                                             Cr C Barry

Cr L Bridson                                             Cr J Briggs
Cr MJ Cousins                                          Cr S Edwards
Cr T Lewis                                                Cr M Lulich
Cr G McDonald                                       Cr C Milne
Cr L Sutton

 

APOLOGIES:                  There were no apologies.

 

IN ATTENDANCE:       Mr T Stallinger, Chief Executive

Ms K Kelly, General Manager, Strategic Services

Mr B Sherlock, General Manager, City Infrastructure 

Ms J Raffills, General Manager, Governance and Regulatory (part meeting)

Mr M Reid, General Manager, Community Services

Mr B Kibblewhite, Chief Financial Officer

Mr B Hodgins, Divisional Manager Parks and Gardens

Mr G Craig, Divisional Manager City Development

Ms L Dalby, Senior Communications Advisor

Ms K Stannard, Manager Secretariat Services

Ms H Clegg, Minute Taker

 

 

PUBLIC BUSINESS

 

1.       APOLOGIES 

There were no apologies.

MAJOR ITEM NOT ON THE AGENDA

Members noted that the matter of the public excluded item ‘Proposed Retirement Village – Wainuiomata’ was not included in the agenda for the meeting, for the reason that the information was not available until after the agenda had been distributed.  Members agreed that the recommendations be considered at this meeting for the reason that deferring this matter could jeopardise the proposed development.

2.       PUBLIC COMMENT

Comments are recorded under the item to which they relate.

The Chair introduced Mr Matt Young, a representative from the Youth Council.  Mr Young gave an update on the Youth Council.  He added that due to the success of the previous Councillors’ breakfasts, another breakfast was planned for the near future.

 

PRECEDENCE OF BUSINESS

          With the approval of the meeting, Mayor Wallace gave precedence under Standing Order 10.4 to the item dealing with the Appointment of Trustee to the Louise Bilderbeck Hall Trust.

 

3.

Mayoral Statement

Mayor Wallace delivered his Mayoral Statement.

 

 

Resolved:                                                                                       Minute No. C 17301

“That the Mayoral Statement be noted and received.”

4.       CONFLICT OF INTEREST DECLARATIONS

          Cr Cousins declared a conflict of interest in relation to item 5 b) 4f and took no part in discussion or voting on the matter.

5.       Committee Reports with Recommended Items

a)      Traffic Subcommittee

 

3 July 2017

 

 

Resolved: (Cr Cousins/Cr Briggs)                                       Minute No. C 17302

“That the report of the meeting held on 3 July 2017 with the exception of items 4a), 4b), 4c) and 4d) be adopted.”

Recommended Items

Item 4a)

Mason Street, Moera - Proposed No Stopping At All Times Restrictions  (17/755)

 

Resolved(Cr Cousins/Cr Briggs)                    Minute No. C 17303

“That Council approves the installation of No Stopping At All Times Restrictions in Mason Street, Moera attached as Appendix 1 to Report TRS2017/3/ 156.”


 

 

Item 4b)

Parkside Road, Seaview - Proposed P15 Parking Restrictions (17/756)

 

Resolved(Cr Cousins/Cr Briggs)                    Minute No. C 17304

“That Council approves the installation of P15 Parking Restrictions, Monday to Friday only, in Parkside Road, Seaview attached as Appendix 1 to Report TRS2017/3/ 157.”

Item 4c)

Seaview Road - Proposed Bus Stop and Associated No Stopping At All Times Restrictions (17/775)

 

Resolved(Cr Cousins/Cr Briggs)                    Minute No. C 17305

“That Council approves the installation of a Bus Stop and associated No Stopping At All Times Restrictions in Seaview Road attached as Appendix 1 to Report TRS2017/3/ 158.”

Item 4d)

Stevens Grove - Council Fleet Car Park Proposed Parking Restrictions  (17/913)

 

Resolved(Cr Cousins/Cr Briggs)                    Minute No. C 17306

“That Council:

(i)          approves the use of 21 car parks in the new car park off Stevens Grove as reserved parking for Council Authorised vehicles Monday to Friday 7am-5pm, attached as Appendix 1 to Report TRS2017/3/ 159;

 

(ii)        approves the installation of a P180 Electric Vehicle Parking Restriction Afterhours Only (5.00pm-7.00am, Monday to Friday and weekends) in the new car park off Stevens Grove, attached as Appendix 1 to Report TRS2017/3/ 159;

(iii)   approves that the Stevens Grove car park will be available after hours for public parking; and

(iv)   asks officers to monitor the parking situation at Stevens Grove and report back to the Traffic Subcommittee if any issue arises.”

b)      Policy and Regulatory Committee

 

31 July 2017

 

 

Resolved(Cr Cousins/Cr Lewis)                             Minute No. C 17307

“That the report of the meeting held on 31 July 2017 with the exception of Items 4a), 4b), 4c), 4d), 4e) and 4f) be adopted.”

 

 

 

 

 

Recommended Items

Item 4a)

Parking Policy (17/945)

 

Resolved(Cr Cousins/Cr Edwards)               Minute No. C 17308

“That Council:

(i)    agrees to the following Parking Policy objectives:

(a)  a safe city – prioritising the safe and efficient movement of people, goods and services;

(b)  a liveable and thriving city – supporting place-making, amenity and economic growth;

(c)   a city that is environmentally resilient – reflecting Council’s work in leading environmental stewardship and resilience;

(d)   a city that has equity of access – supporting Council’s work to create a walkable and people-friendly city accessible to all transport modes; and

(e)   a high level of customer service – delivering a quality experience for residents and visitors;

(ii)   directs officers to proceed to developing Stage 2 which comprises developing operational guidelines and approaches to the mechanisms to deliver the Parking Policy objectives;

(iii)  directs officers to consult publicly on the Parking Policy and the operational approaches once completed; and

(iv)  directs officers to report back to the Policy and Regulatory Committee prior to consultation.”

 

Item 4b)

Review of Traffic Bylaw (17/886)

 

Cr Cousins explained that members of the Policy and Regulatory Committee had expressed concern about the road safety aspects of containers being placed on roads without adequate rear lights to alert road users of the hazard.  She asked officers to report back on the matter which they had done.

 

She suggested that clause 16.3(c) be replaced with the following wording “the container does not obstruct any part of a footpath and is at least 15 metres from any corner, intersection, or pedestrian crossing.  Council may require this distance to be increased.”  She also suggested a new recommendation to read “Clause 16.3(f):  “Where there is no illumination by street light the container must not be placed on any road during the hours of darkness unless the corner of the container closest to the centre of the road is fitted with a rearward facing red light visible to approaching traffic from a distance of 100 metres”.

 

Resolved(Cr Cousins/Cr Briggs)               Minute No. C 17309

“That Council:

(i)     notes that the Local Government Act 2002 (LGA 2002) requires Council to review its bylaws within 10 years of a  previous review;

(ii)    notes that the Traffic Bylaw 2007 has been reviewed in accordance with section 155 of the LGA 2002;

(iii)   notes the outcome of the section 155 review of the Traffic Bylaw 2007 is to propose amendments to the Traffic Bylaw, more particularly detailed in the draft Statement of Proposal attached as Appendix 2 to Report PRC2017/3/178;

(iv)   agrees to consult on the draft Summary of Proposal, draft Statement of Proposal and the draft Traffic Bylaw 2017, attached as Appendices 1, 2 and 3 to Report PRC2017/3/178, in accordance with the requirements of the LGA 2002, by means of a special consultative procedure subject to amendments to the following clauses:

Replacement for Clause 16.3(c)

 

The container does not obstruct any part of a footpath and is at least 15 metres from any corner, intersection, or pedestrian crossing.  Council may require this distance to be increased; and

 

New Clause 16.3(f)

 

Where there is no illumination by street light the container must not be placed on any road during the hours of darkness unless the corner of the container closest to the centre of the road is fitted with a rearward facing red light visible to approaching traffic from a distance of 100 metres; and

(v)   establishes a subcommittee consisting of Deputy Mayor Bassett and Councillors Cousins, Edwards, Briggs and Lulich to hear submissions on the proposed Traffic Bylaw and recommend the appropriate action to Council for consideration and approval.”

 

Item 4c)

Naming Policy 2017-2020 (17/610)

 

Members discussed whether Community Panels should have the delegated authority to name streets.  It was noted that if Community Panels did not have the authority, then two thirds of the City would be disadvantaged.  Members noted that there would be a review of the operation of the Community Panels in 12 months.

In response to a question from a member, the General Manager, Community Services advised that Community Panels had been excluded from the Naming Policy.

 

Resolved(Cr Cousins/Cr Briggs)                    Minute No. C 17310

“That Council:

(i)      approves the draft Naming Policy 2017-2020 attached as Appendix 1 to Report PRC2017/3/115 noting that the following work will be completed:

(a)   inclusion of the Community Boards as decision makers for naming new roads and alterations to street names; and

(b)   official naming of parks reserves and sports grounds in the community board local area;

(ii)     directs officers to consult further on the revised Naming Policy 2017-2020;

(iii)    agrees to add “Places of Remembrance” to the list of reserved street names; and

(iv)      asks officers to prepare a set of guidelines for the Community Boards around the process for naming.”

 

Cr Edwards asked that his dissenting vote be recorded against the matter item.

                                   

Item 4d)

Review of Parks and Reserves Bylaw 2007 (17/855)

 

Resolved(Cr Cousins/Cr Bridson)       Minute No. C 17311

“That Council:

(i)    notes that section 159 of the Local Government Act 2002 (LGA 2002) requires Council to review its bylaws no later than 10 years after they were last reviewed;

(ii)   notes that the Parks and Reserves Bylaw 2007 has been reviewed in accordance with section 155 of the LGA 2002;

(iii)  notes the outcome of the section 155 review of the Parks and Reserves Bylaw is to propose amendments to the Parks and Reserves Bylaw 2007 as more particularly detailed in the draft Statement of Proposal, as attached as Appendix 2 to Report PRC2017/3/176;

(iii)  agrees to consult on the draft Summary of Proposal, draft Statement of Proposal, and proposed draft Parks and Reserves Bylaw as attached as Appendices 1,2 and 3 to Report PRC2017/3/176, in accordance with the requirements of the LGA 2002 by means of a special consultative procedure; and

(iv)  establishes a subcommittee consisting of Councillors Cousins, Edwards, Lewis, Bridson and Sutton to hear submissions on the proposed Parks and Reserves Bylaw and recommend the appropriate action to Council for consideration and approval.”

Item 4e)

Review of Cemeteries Bylaw  (17/879)

 

Resolved(Cr Cousins/Cr Bridson)                    Minute No. C 17312

“That Council:

(i)    notes that the Local Government Act 2002 (LGA 2002) requires Council to review its bylaws to ensure that they comply with the matters set out in section 155 and 159 of the Act;

(ii)   notes that the Cemeteries Bylaw 2007 has been reviewed in accordance with section 155 of the LGA 2002;

(iii)  notes the outcome of the section 155 review of the Cemeteries Bylaw 2007 is to propose a new bylaw, as more particularly detailed in the draft Statement of Proposal attached as Appendix 2 to Report PRC2017/3/177;

(iv)  agrees to consult on the draft Summary of Proposal, draft Statement of Proposal, and the draft Cemeteries Bylaw, attached as Appendices 1, 2 and 3 to Report PRC2017/3/177, in accordance with the requirements of the LGA 2002 by means of a special consultative procedure; and

(v)   establishes a subcommittee consisting of Councillors Cousins, Edwards, Milne, Lulich and Lewis to hear submissions on the proposed Cemeteries Bylaw and recommend the appropriate action to Council for consideration and approval.”       

Item 4f)

Draft Amended Local Alcohol Policy (DALAP) (17/1027)

 

Cr Cousins declared a conflict of interest and took no part in discussion or voting on the matter.

Mayor Wallace acknowledged the work undertaken by Councillors and officers in response to community concerns.

 

Resolved:  (Cr Edwards/Cr Briggs)              Minute No. C 17313

“That Council:

(i)    receives the decision from the Policy and Regulatory Subcommittee (the Subcommittee), attached as Appendix 1 to Report PRC2017/3/179;

(ii)   notes the unanimous recommendation of the Subcommittee is that Council adopts the proposed amendments to the Local Alcohol Policy (LAP) and moves to the next stage of the process, being the production and notification of a Provisional Amendment to its LAP;

(iii)  takes into account the information previously provided to the Policy and Regulatory Committee in the officers report dated 27 February 2017, attached as Appendix 3 to Report PRC2017/3/179; and

(iv)  agrees to produce a provisional amendment to the LAP;

(a)     agrees that it continues to wish to have an amendment to the LAP;

(b)     agrees to adopt the provisional amendment to the LAP attached as Appendix 2 to Report PRC2017/3/179; and

(b)     in accordance with section 80 of the Sale and Supply of Alcohol Act 2012, instructs officers to give public notice of:

(1)     the provisional amendment to the LAP;

(2)     rights of appeal against it; and

(3)     the grounds on which an appeal may be made.”

c)       City Development Committee

 

1 August 2017

 

 

Resolved(Deputy Mayor Bassett/Cr Briggs)              Minute No. C 17314

“That the report of the meeting held on 1 August 2017 with the exception of Item 4) be adopted.”

Recommended Item

Item 4)

Report back on Proposal for Suburban Shopping Centre Revitalisation Budget  (17/1047)

 

Resolved: (Deputy Mayor Bassett/Cr Lulich) Minute No. C 17315

“That Council approves the proposal for the Neighbourhood Precinct Placemaker role and activities.”


d)      Finance and Performance Committee

 

2 August 2017

 

 

Resolved(Cr Milne/Cr Barratt)                                    Minute No. C 17316

“That the report of the meeting held on 2 August 2017 with the exception of Item 4) be adopted.”

 

Recommended Item

Item 4)

Treasury Risk Management Policy Changes (17/1039)

 

Resolved(Cr Milne/Cr Lulich)                     Minute No. C 17317

“That Council:

(i)    approves the recommended changes to the Treasury Risk Management Policy attached as Appendix 1 to Report FPC2017/3/182; and

(ii)   takes up the invitation from PricewaterhouseCoopers to provide a Credit and Interest Rate Market Outlook workshop to members.”

e)      Community Services Committee

 

3 August 2017

 

 

Resolved(Cr Barratt/Cr Briggs)                                     Minute No. C 17318

“That the report of the meeting held on 3 August 2017 with the exception of Item 4) be adopted subject to an amendment to reflect Cr Bridson’s attendance at the meeting.”

 

Recommended Item

Item 4)

Council Adoption of Regional Waste Management and Minimisation Plan (17/1171)

 

Resolved:   (Cr Barratt/Cr Bridson)                    Minute No. C 17319

“That Council:

(i)    notes that 836 regional submissions were received on the draft Waste Management and Minimisation Plan;

(ii)   notes that the submissions signal a strong level of support (between 85%-100%) for the proposed primary regional target, which is to reduce the waste sent to municipal class A landfills from 600kg per person per annum to 400kg per person per annum by 2026;

(iii)  notes that feedback from submitters illustrates that there is a high level of support for the proposed regional actions, as well as for the suite of local level Territorial Authority action plans;

(iv)  notes that in response to submissions received, seven out of the eight territorial authorities have amended their local Waste Management Minimisation Plan Action Plans; and

(v)   adopts the Waste Management Minimisation Plan, attached as Report Appendix 1 to Report CSC2017/3/194, including the following amendments with proposed new text underlined:

(a)     Add reference to “The Litter Act (1979)” in the bullet point list on page 10 of the draft WMMP;

 (b)    Under section 1.1.1 ‘Why work together?’ add a new sixth bullet point (aa) below, and a new paragraph immediately following the bullet point (bb) below:

(aa)    “Supporting tangata whenua in the exercise of kaitiakitanga, which broadly refers to the exercise of guardianship by the tangata whenua of an area in accordance with tikanga Māori in relation to natural and physical resources.  Kaitiakitanga also includes the ethic of stewardship, and includes the responsibility of ensuring that a resource is secured and in a fit state to pass onto future generations; and

(bb)    The tangata whenua view of reality is that the world is interrelated and interconnected.  Therefore tangata whenua are bound, through the whakapapa (lineage and genealogical descent) to the natural environment.  Issues of waste management are therefore a concern to iwi, as well as to the wider community;”

(c)      Under R.R.1. Develop and Implement a Regional Bylaw, add the following words:

Investigate and if feasible develop, implement and oversee monitoring and enforcement of a regional waste bylaw (including but not limited to regulating hazardous waste, polystyrene, e-waste, medical waste and other priority wastes), or suite of regionally consistent bylaws.

Note – A footnote shall also be added to clarify the interpretation of the action, as follows:

For clarity, a range of waste management and minimisation issues will be considered as part of the bylaw review process.  However in accordance with statutory requirements, the development of a bylaw will only be deemed necessary if a bylaw is determined to be the most appropriate way to addressing the perceived problem;

(d)     Under R.L.M.1 Shared Governance and Service Delivery, add the following words:

Promote, investigate and where appropriate and cost effective, support the establishment of shared governance and service delivery arrangements and pricing mechanisms where such arrangements have the potential to enhance the efficiency of waste management and minimisation initiatives within the region;

(e)      Amend the description of R.IN.1 Resource recovery network to:

Investigate and if feasible, develop a region-wide resource recovery network – including but not limited to, facilities for construction and demolition waste, glass, food and/or biosolids, and other organic waste; and

(f)   Add the following new regional action under Leadership and Management: (R.L.M.5) “In conjunction with the wider work on the resilience of the Wellington region, undertake analysis on the resilience of our waste systems in the Wellington region, and through regional engagement provide advice on how to deal with waste in an emergency such as natural disasters”.  (Action title proposed as “Resilient waste management systems” under Leadership and Management).”

6.       Miscellaneous

a)

Temporary Discharges of Treated Wastewater (17/1092)

Report No. HCC2017/3/195 (3) by the General Manager, City Infrastructure

 

The General Manager, City Infrastructure introduced Mr Morrie Love representing the Wellington Tenths Trust and Mr Richard Peterson representing Stantec.

The General Manager, City Infrastructure elaborated on the report.

In response to questions from members, the General Manager, City Infrastructure explained that the environmental benefits to be gained from undertaking Option 12 included no discharging into the Waiwhetu Stream, cultural benefits, a reduction in the ammonia levels in the Waiwhetu Stream and the creation of a storage facility.  He added that storage tanks had been found to be very successful in preventing discharges of untreated waste particularly in times of flood.

In response to questions from members, the General Manager, City Infrastructure advised that Council held a detailed schedule to deal with upstream works, including investigative works and the continued programme of servicing/replacing private and public laterals in the Waiwhetu area.  He highlighted that the results of the public consultation were that Option 12 was the most favoured.

In response to questions from members, Mr Love explained that compromises had been made by all parties and that the best option, from a cultural perspective, was the most expensive option.  He stressed that it was important any discharges went into a large body of water and urged members to continue to improve the systems for both cultural and environmental reasons.  He added there had been excellent engagement with Iwi with a range of views being expressed.

Cr Milne expressed support for Option 12 noting that it was difficult to assess all costs against the environmental gains.

Mayor Wallace expressed support for Option 12.  He explained Option 12 was recommended after extensive investigation was carried out by specialists and was endorsed by Iwi. 

Cr Bridson foreshadowed her intention to move a motion should Option 12 be lost.  She highlighted that she would be asking members to adopt Option 3.  She explained she ideally preferred Option 6 for environmental and cultural reasons but would compromise with Option 3.

Cr Lewis reminded members that Option 12 still required resource consent.  She  believed ratepayers would support an option that protected the environment.

In response to a question from a member, the General Manager, City Infrastructure advised that a resource consent application was required to be lodged to replace those expiring in February 2018.

In response to a question from a member, Mr Peterson from Stantec explained that all options had a risk of being appealed to the Environment Court.  He added that the working group found Option 12 to be the best practicable option. 

 

Resolved: (By division) (Mayor Wallace/Deputy Mayor Bassett)
                                                                                               Minute No. C 17320

“That Council:

(i)    notes the detailed information included in this report and appendices;

(ii)   endorses option 12 as its preferred option for temporary discharges of treated wastewater from the Seaview Treatment Plant, and confirms that an application for a Resource Consent for such discharges should be submitted to Greater Wellington based on this option selection; and

(iii)  thanks officers and all those involved for the detailed work undertaken on the project to date.”

The motion was declared carried by division with the voting as follows:

For

 

Mayor Wallace

Deputy Mayor Bassett

Cr Barratt

Cr Barry

Cr Cousins

Cr Edwards

Cr Lulich

Cr Milne

Cr McDonald

Cr Sutton

 

Against

 

Cr Bridson

Cr Briggs

Cr Lewis

Total: 10

Total: 3

b)

Appointment to the Councillor Leadership Group  (17/1050)

Memorandum dated 7 July 2017 by the Divisional Manager, Secretariat Services

 

Resolved(Mayor Wallace/Cr Barratt)                    Minute No. C 17321

“That Council appoints Cr Cousins as a member of the Councillor Leadership Group, which comes under the umbrella of the Wellington Region Natural Hazards Management Strategy, due to her broad policy overview as Chair of the Policy and Regulatory Committee and Deputy Chair of the District Plan Committee for the remainder of the triennium.”

 

c)

Appointment of Trustee to the Louise Bilderbeck Hall Trust (17/1213)

Report No. HCC2017/3/199 (3) by the Solicitor

 

Speaking under public comment, Mr Neil Watkins and Mr Allan O’Brien, representing Lions Club Wainuiomata, explained that the Club agreed with the officer’s recommendations.  Mr O’Brien advised that the Club was appointed in 2009 to look after the day to day management and maintenance of the Louise Bilderbeck Hall.  He added that over time, the number of Trustees had reduced due to natural attrition and that new Trustees were required to be appointed.

 

Resolved: (Mayor Wallace/Deputy Mayor Bassett)       Minute No. C 17322

That Council:

(i)      approves the appointment of a selection panel consisting of the Wainuiomata Community Hub Manager and Cr Briggs as the Wainuiomata Ward Councillor to identify, assess and approve potential candidates for between five to eight independent Trustees on the Louise Bilderbeck Hall Trust (LBHT), in line with the process set out in the officer’s report;

(ii)     approves this process for future appointments to the Board of the LBHT;

(iii)    delegates to the selection panel the power to appoint Trustees to LBHT; and     

(iv)    delegates to the selection panel members the ability to exercise all the powers of Council under the LBHT Trust Deed (including the amended Trust Deed) on an on-going basis.”

d)

Road Stopping and Sale of Service Lane, Tocker Street, Taita (17/1209)

Report No. HCC2017/3/13 (3) by the Divisional Manager, Parks and Gardens

 

The Divisional Manager, Parks and Gardens elaborated on the report.

 

Resolved(Mayor Wallace/Cr Barratt)                    Minute No. C 17323

“That Council agrees that the service lane off Tocker Street in Taita be stopped and sold to any adjoining owner, subject to any offer back requirements under the Public Works Act 1981.”

 

e)

Community Panel Delegations (17/1125)

Memorandum dated 18 Jul 2017 by the Divisional Manager, Secretariat Services

 

The General Manager, Community Services elaborated on the memorandum. 

In response to questions from members regarding the allocation of funds, the General Manager, Community Services advised that there needed to be tight controls on the way capital funds were allocated.  He added that the funds were not designed to be used for purposes where there were monies available in other existing Council budgets.  He acknowledged concerns expressed regarding shortages of operational funding as capital funding could only be used for a specific purpose and not to cover employee costs.

Mayor Wallace reminded members that there would be a review of the operation of the Community Panels within 12 months.

Mayor Wallace left the meeting at 7.16pm and Deputy Mayor Bassett assumed the chair.

In response to further questions from members, the General Manager, Community Services explained that each Community Panel would have a senior Council Manager supporting them to provide guidance and strategic advice.  He acknowledged the concerns regarding the possible circumvention of the correct processes for fund allocation and also of the differentiation in representation between areas with Community Boards and those with Community Panels.  He advised that the Community Engagement Fund would be reviewed within the next 12 months.

Mayor Wallace rejoined the meeting at 7.21pm and assumed the chair.

Cr Briggs expressed support for the Community Panels.  He expressed concern with the low level of funding.  He expressed further concern that the Community Panels were not given enough delegations.

Cr Bridson expressed support for the Community Panels, explaining participatory budgetting was encouraging the community to have a say in how money was spent in their area.

Cr Lulich expressed support for the Community Panels noting that it was important for the Chairs of the Community Panels to receive the proper training and guidance.  He further supported the proposed review in 12 months.

 

Resolved: (Mayor Wallace/Deputy Mayor Bassett)       Minute No. C 17324

“That Council:

 

(i)    notes that at its meeting held on 23 May of this year Council approved the establishment of four Community Panels;

 

(ii)   notes that the new Community Panel delegations have been reviewed by Council’s Solicitor;

 

(iii)  notes that guidelines and criteria have been developed to assist Community Panels to allocate their funding and form part of the formal delegations;

 

(iv)  adopts the new delegations for Community Panels for the remainder of the triennium, as set out in Appendix 1 attached to the memorandum;

 

(v)   agrees that the new delegations come into effect on 15 August 2017; and

 

(vi)  amends the Community Services Committee Terms of Reference by deleting the following wording under the heading ‘Determine and monitor’:

 

Community Engagement Fund (Central, Eastern, Western and Northern Wards only).”

f)

Amendment to the Terms of Reference for the Finance and Performance Committee (17/1224)

Memorandum dated 9 August 2017 by the Divisional Manager, Secretariat Services

 

Resolved: (Mayor Wallace/Deputy Mayor Bassett)                   Minute No. C 17325

“That Council approves the proposed amendment (as strike out) to the Finance and Performance Committee’s terms of reference as attached as Appendix 1 to the memorandum.”

 

 

g)

Amendment to the Code of Conduct for Elected Members (17/1221)

Memorandum dated 9 Aug 2017 by the Divisional Manager, Secretariat Services

 

Mayor Wallace elaborated on the memorandum.  He explained the proposal was a holding pattern until the new Council Customer Complaints Programme was implemented.  He anticipated a proposed updated Code of Conduct for Elected Members (the Code) would be reported to the next Council meeting. 

Members discussed the merits of adopting a Code and the costs Council had incurred to date regarding the recent complaints. 

In response to a question from a member, the General Manager Governance and Regulatory advised that local authorities were required to adopt the Code of Conduct under the Local Government Act 2002.

Members discussed the concern that if complaints to the Mayor were technical, trivial or vexatious, there needed to be an ability for the Mayor to discontinue an investigation. 

Cr Cousins raised the issue of the Code needing to cover members of the public who felt they have been mistreated by Councillors.

Cr Milne and Cr Bridson debated their recent emails regarding potential complaints under the Code.

 

Resolved:  (By division) (Mayor Wallace/Deputy Mayor Bassett)
                                                                                               Minute No. C 17326

That Council amends the current Code of Conduct for Elected Members (the Code) to reflect that the first initial step in any complaint made under the Code is referred to the Mayor to determine if the complaint can be resolved prior to any further action.”

The motion was declared carried by division with the voting as follows:

For

 

Mayor Wallace

Deputy Mayor Bassett

Cr Barratt

Cr Barry

Cr Bridson

Cr Briggs

Cr Cousins

Cr Edwards

Cr Lewis

Cr Lulich

Cr Milne

Cr McDonald

Cr Sutton

Against

Total: 13

            0

 

h)

Catering at Meetings (17/1220)

Memorandum dated 9 Augusr 2017 by the Mayor

 

The Mayor elaborated on the memorandum.  

Cr Briggs raised a point of order regarding a breach in Standing Orders in regard to Standing Order 24.3.

There was discussion regarding the interpretation of Standing Order 24.3.  Mayor Wallace advised that the item would be deferred to the next Council meeting set down for 10 October 2017.

7.       Minutes

Resolved(Mayor Wallace/Deputy Mayor Bassett)         Minute No. C 17327

“That the minutes of the meetings of the Hutt City Council held on Tuesday, 23 May 2017, Thursday, 8 June 2017 and Thursday, 29 June 2017 be confirmed as a true and correct record.”

 

Resolved(Mayor Wallace/Deputy Mayor Bassett)         Minute No. C 17328

“That the minutes of the meeting of the Extraordinary Meeting of Council held on Monday, 12 June 2017, be confirmed as a true and correct record.

8.       Committee Reports without Recommended Items

a)      Community Plan Committee

 

16 May 2017

 

 

Resolved(Mayor Wallace/Deputy Mayor Bassett)      Minute No. C 17329

 “That the report of the meeting held on 16 May 2017 be adopted.”

 

 

 

8 June 2017

 

 

Resolved(Mayor Wallace/Deputy Mayor Bassett)       Minute No. C 17330

“That the report of the meeting held on 8 June 2017 be adopted.”

 

b)      Hearings of Commissioner

 

2 May 2017

 

 

Resolved(Cr Bridson/Cr Cousins)                          Minute No. C 17331

“That the report of the meeting held on 2 May 2017 be received.”

 

c)       District Plan Committee

 

26 July 2017

 

 

Resolved(Cr Bridson/Cr Lewis)                             Minute No. C 17332

“That the report of the meeting held on 26 July 2017 be adopted.”

 

d)      Hutt Valley Services Committee

 

4 August 2017

 

 

Resolved: (Cr McDonald/Cr Bridson)                      Minute No. C 17333

“That the report of the meeting held on 4 August 2017 be adopted.”

 

9.       QUESTIONS

There were no questions.

10.

Sealing Authority (17/838)

Report No. HCC2017/3/12 (3) by the Executive Assistant - Governance and Regulatory

 

Resolved(Mayor Wallace/Deputy Mayor Bassett)         Minute No. C 17334

“That Council approves the affixing of the Common Seal to all relevant documents in connection with the items specified in Schedule 1 in accordance with Standing Order 8.2.

SCHEDULE 1 - General Sealing Authority

 

Agreement for Sale and Purchase

a)    The Hutt City Council and Urban Plus Limited
Land adjacent to Avalon Park, off Taita Drive, Lower Hutt
(Record number L17/138)

Subdivision related documents – including Easements to Council and Esplanade Strips

b)    The Hutt City Council and PS Kelly and DM Kelly
Subdivision, LT Plan 507812
196 Wise Street, Wainuiomata (Record number L17/97)

c)    The Hutt City Council and Horoeka Investments Limited
Subdivision consent
97 Horoeka Street, Stokes Valley (Record number L17/113)

d)    The Hutt City Council and George Robin Young and Noeline Ann Young
Subdivision consent requirements
84 Crowther Road, Wainuiomata (Record number L17/55)

e)    The Hutt City Council and Murray Clifford Mason, Jennifer Carol Mason and Independent Trust Company (2006) Limited

Subdivision consent
79 Oroua Street, Eastbourne (Record number L17/105)

 

f)     The Hutt City Council and Michael Gilbert Te Hiko and Dilys Edith Te Hiko

Subdivision consent
204 Wise Street, Wainuiomata (Record number L17/120)

 

g)    The Hutt City Council and Charles Rod
Subdivision consent
32 Toomath Street, Naenae (Record number L17/111)

h)    The Hutt City Council and Lillian Young Pak
Subdivision consent
21 and 36 Castle Crescent, 36 Lord Street, Stokes Valley (Record number L17/125)

i)     The Hutt City Council and Paresh Rama and Thakor Rama
Subdivision consent
124 Randwick Road, Moera (Record number L17/126)

j)     The Hutt City Council and Gracefield Traders Limited
Subdivision consent
48 Ruthven Road, Wainuiomata (Record number L17/131)

k)    The Hutt City Council and Michael Francis Thrupp and Helen Susan Campbell
Subdivision consent
363 Moores Valley Road, Wainuiomata (Record number L17/162)

Memorandum of Agreement

l)     The Hutt City Council
Memorandum for Road Stopping
203 Marine Drive, Eastbourne (Record number L17/108)

m)   The Hutt City Council
Memorandum for Road Stopping
Puketapu Grove, Lower Hutt (Record number L17/160)

Deed of SubLease

n)    The Hutt City Community Facilities Trust and Sports Turf and Softball Pitch at Fraser Park, Avalon, Lower Hutt (Record number L17/59)

Change of Classification of Reserve – Lower Hutt City

o)    Hugh Sinclair Park Subdivision
Changed from Local Purpose Reserve (Community use) to Recreating Reserve for the purposes specified in section 17 of the Reserves Act 1977 (Record number L17/119)

Memorandum of Encumbrance and Discharge of Mortgage

p)    The Hutt City Council
Discharge of Encumbrance
21 Castle Crescent, Stokes Valley, Lower Hutt (Record number L17/137)

Agreement to Lease

q)    The Hutt City Council and Naenae Community Hall
31 Treadwell Street, Naenae
(Record number L17/118)


Warrants Approved

Natalie Frances Shearer – HCC WARRANT-17-11

1. Local Government Act 2002
Authorised person pursuant to ss171, 173 (powers of entry in general)
Enforcement Officer pursuant to s177 (including additional powers of entry)
2. Building Act 2004
Authorised Officer pursuant to s222

Patrick James Sweetensen – HCC WARRANT-17-12

1. Local Government Act 2002
Authorised person pursuant to ss171, 173 (powers of entry in general)
Enforcement Officer pursuant to s177 (including additional powers of entry)
2. Building Act 2004
Authorised Officer pursuant to s222

Enforcement Officer pursuant to s371B

Philip Martin Boyle – HCC WARRANT-17-13

1. Local Government Act 2002
Authorised person pursuant to ss171, 173 (powers of entry in general)
Enforcement Officer pursuant to s177 (including additional powers of entry)
2. Building Act 2004
Authorised Officer pursuant to s222

Enforcement Officer pursuant to s371B

Sophie May Fraser – HCC WARRANT-17-14

1. Local Government Act 2002
Authorised person pursuant to ss171, 173 (powers of entry in general)
Enforcement Officer pursuant to s177 (including additional powers of entry)
2. Building Act 2004
Authorised Officer pursuant to s222

Enforcement Officer pursuant to s371B

Claire Margaret Stevens –

HCC WARRANT-17-15

1. Local Government Act 2002
Authorised person pursuant to ss171, 173 (powers of entry in general)
Enforcement Officer pursuant to s177 (including additional powers of entry)
2. Building Act 2004
Authorised Officer pursuant to s222

Amanaki L Tupou  – HCC WARRANT-17-16

1. Local Government Act 2002
Authorised person pursuant to ss171, 173 (powers of entry in general)
Enforcement Officer pursuant to s177 (including additional powers of entry)
2. Building Act 2004
Authorised Officer pursuant to s222”

11.     EXCLUSION OF THE PUBLIC

Resolved(Mayor Wallace/Deputy Mayor Bassett)              Minute No. C 17335

“That the public be excluded from the following parts of the proceedings of this meeting, namely:

12.     Minutes – Council - 23 May 2017, 12 June 2017 and 29 June 2017

13.     Community Panel Appointments (17/1056)

Proposed Retirement Village - Wainuiomata

          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:

 

(A)

(B)

(C)

 

 

 

General subject of the matter to be considered.

Reason for passing this resolution in relation to each matter.

Ground under section 48(1) for the passing of this resolution.

 

 

 

Minutes of the Hutt City Council held on 23 May 2017

The withholding of the information is necessary to protect the privacy of natural persons. (s7(2)(a)).

The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities (s7(2)(h)).

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.

 

 

 

Minutes of the Hutt City Council held on 12 June 2017

The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities (s7(2)(h)).

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) (s7(2)(i)).

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.

 

 

 

Minutes of the Hutt City Council held on 29 June 2017

The withholding of the information is necessary to protect the privacy of natural persons. (s7(2)(a)).

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.

 

 

 

Community Panel Appointments.

The withholding of the information is necessary to protect the privacy of natural persons. (s7(2)(a)).

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.           

Proposed Retirement Village - Wainuiomata.

The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities (s7(2)(h)).

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) (s7(2)(i)).

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.           

 

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.” 

 

 

 

There being no further business the Chair declared the meeting closed at 8.10pm.  The non-public portion of the meeting finished at 9.05pm.

 

 

 

 

 

 

 

WR Wallace

MAYOR

 

 

 

CONFIRMED as a true and correct record

Dated this 10th day of October 2017