Minutes of an ordinary meeting of The Hutt City Council held in the Council Chambers, 2nd Floor, 30 Laings Road, Lower Hutt on
Tuesday 12 December 2017 commencing at 6.00pm
PRESENT: Mayor WR Wallace (Chair)
Cr G Barratt Cr C Barry (from 6.17pm)
Deputy Mayor D Bassett 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: An apology for lateness was received from Cr Barry.
IN ATTENDANCE: Mr T Stallinger, Chief Executive (part meeting)
Ms K Kelly, General Manager, City Transformation (part meeting)
Mr B Kibblewhite, General Manager, Corporate Services (part meeting)
Mr M Reid, General Manager, City and Community Services (part meeting)
Ms L Dalby, Communications and Marketing (part meeting)
Ms C Johnston, Director, Museums (part meeting)
Mr A Cumming, Divisional Manager, District Plan (part meeting)
Mr B Hodgins, Divisional Manager, Parks and Gardens (part meeting)
Mr B Cato, General Counsel (part meeting)
Ms K Stannard, Divisional Manager, Democratic Services (part meeting)
Mrs H Clegg, Minute Taker (part meeting)
PUBLIC BUSINESS
1. APOLOGIES
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Resolved: (Mayor Wallace/Deputy Mayor Bassett) Minute No. C 17501(3) “That the apology from Cr C Barry for lateness be accepted.” |
2. PUBLIC COMMENT
Comments are recorded under the item to which they relate.
Cr Barry joined the meeting at 6.17pm.
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3. |
Mayor Wallace delivered the Mayoral Statement.
Deputy Mayor Bassett advised Mr Mattie Blackburn, a long term Lower Hutt resident and former Wellington Rugby and New Zealand Maori Rugby player had recently passed away.
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Resolved: (Mayor Wallace/Deputy Mayor Bassett) Minute No. C 17502(3) “That the Mayoral Statement be noted and received.” |
4. CONFLICT OF INTEREST DECLARATIONS
Deputy Mayor Bassett declared a conflict of interest in relation to item 5b) i) 4a) and took no part in discussion or voting on the matter.
Crs Cousins and Edwards declared a conflict of interest in relation to item 11 and took no part in discussion or voting on the matter.
5. Committee Reports with Recommended Items
a) Traffic Subcommittee
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Resolved: (Cr Cousins/Cr Briggs) Minute No. C 17503(3) “That the report of the meeting held on 13 November 2017, with the exception of items 4a) to 4q, be adopted.” |
Recommended Items
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Item 4a) |
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Resolved: (Cr Cousins/Cr Briggs) Minute No. C 17504(3) “That Council: (i) approves the proposed parking restrictions in Gear Street, Petone as attached as Appendix 1 to Report TRS2017/5/265, with the three parks outside 14 Gear Street, Petone currently proposed to be designated as P30 to be unrestricted carparks; and (ii) asks officers to review parking in the area in 12 months.” |
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Item 4b) |
London Road – Proposed No Stopping At All Times Restriction (17/1551) |
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Resolved (Cr Cousins/Cr Briggs) Minute No. C 17505(3) “That Council approves the installation of No Stopping At All Times Restrictions outside No 16 London Road, Korokoro attached as Appendix 1 to Report TRS2017/5/266.” |
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Item 4c) |
Richmond Grove - Proposed No Stopping At All Times Restriction (17/1601) |
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Resolved: (Cr Cousins/Cr Briggs) Minute No. C 17506(3) “That Council approves the installation of No Stopping At All Times Restriction in Richmond Grove, Petone attached as Appendix 1 to Report TRS2017/5/267.” |
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Item 4d) |
Jackson Street (313) - Proposed P30 Parking Restrictions (17/1539) |
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Resolved: (Cr Cousins/Cr Briggs) Minute No. C 17507(3) “That Council asks officers to review parking in this area by 313 Jackson Street, Petone in 12 months.” |
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Item 4e) |
Burnham Street - Proposed P30 Parking Restrictions (17/1610) |
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Resolved: (Cr Cousins/Cr Briggs) Minute No. C 17508(3) “That Council approves the installation of a P30 Parking Restriction, from Monday to Friday only, in Burnham Street, Petone as shown in Appendix 1 to Report TRS2017/5/269.” |
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Item 4f) |
Cheviot Road – Proposed No Stopping At All Times Restriction (17/1549) |
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Resolved: (Cr Cousins/Cr Briggs) Minute No. C 17509(3) “That Council approves the installation of No Stopping At All Times Restrictions near the corner of Cheviot Road and Dillon Street, Eastbourne as shown in Appendix 1 to Report TRS2017/5/270.” |
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Item 4g) |
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Resolved: (Cr Cousins/Cr Briggs) Minute No. C 17510(3) “That Council approves the installation of P15 Parking Restrictions outside 8 Waiu Street, Wainuiomata attached as Appendix 1 to Report TRS2017/5/271.” |
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Item 4h) |
8 Bexley Grove - Proposed No Stopping At All Times Restrictions (17/1598) |
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Resolved: (Cr Cousins/Cr Briggs) Minute No. C 17511(3) “That Council approves the extension of the yellow lines outside number 8 Bexley Grove,Wainuiomata by adding one further yellow line.” |
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Item 4i) |
Petone to Melling Shared Path: Proposed No Stopping At All Times Restrictions on Pharazyn Street and Marsden Street (17/1542) |
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Resolved: (Cr Cousins/Cr Briggs) Minute No. C 17512(3) “That Council approves the installation of No Stopping At All Times Restrictions on Pharazyn Street and Marsden Street, Lower Hutt as shown in Appendix 3 to Report TRS2017/5/274.” |
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Item 4j) |
Te Mome and Hutt Road - Proposed P30 Parking Restrictions (17/1555) |
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Resolved: (Cr Cousins/Cr Briggs) Minute No. C 17513(3) “That Council approves the Proposed P30 Parking Restrictions in Hutt Road and Te Mome Road, Lower Hutt as shown in Appendix 1 to Report TRS2017/5/275.” |
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Item 4k) |
Troon Crescent - Proposed No Stopping At All Times Restrictions (17/1560) |
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Resolved: (Cr Cousins/Cr Briggs) Minute No. C 17514(3) “That Council approves installation of No Stopping At All Times Restrictions in Troon Crescent, Lower Hutt as shown in Appendix 1 to Report TRS2017/5/276.” |
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Item 4l) |
Norton Park Avenue - No Stopping At All Times Restriction (17/1548) |
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Resolved: (Cr Cousins/Cr Briggs) Minute No. C 17515(3) “That Council approves the installation of No Stopping At All Times Restrictions in Norton Park Avenue, Lower Hutt as shown in Appendix 1 to Report TRS2017/5/277.” |
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Item 4m) |
Hardy Street, Trafalgar Square - Proposed P15 Parking Restrictions (17/1534) |
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Resolved: (Cr Cousins/Cr Briggs) Minute No. C 17516(3) “That Council approves the installation of P15 Parking At All Times Restrictions outside 9-21 Hardy Street, Lower Hutt attached as Appendix 1 to Report TRS2017/5/278.” |
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Item 4n) |
High Street (574) - Proposed P180 Parking Restrictions (17/1535) |
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Resolved: (Cr Cousins/Cr Briggs) Minute No. C 17517(3) “That Council approves the installation of eight P180 Parking Restrictions outside Nº 574 High Street, Lower Hutt attached as Appendix 1 to Report TRS2017/5/279.” |
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Item 4o) |
High Street (839) - Proposed No Stopping At All Times Restrictions (17/1590) |
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Resolved: (Cr Cousins/Cr Briggs) Minute No. C 17518(3) “That Council approves the installation of No Stopping At All Times Restrictions adjacent to both approaches to the pedestrian crossing outside Nº 839 High Street, Lower Hutt as shown in Appendix 1 to Report TRS2017/5/280.” |
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Item 4p) |
Cambridge Terrace (Near Epuni Station) - No Stopping At All Times Restrictions (17/1593) |
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Resolved: (Cr Cousins/Cr Briggs) Minute No. C 17519(3) “That Council approves the installation of No Stopping At All Times Restrictions in Cambridge Terrace, Lower Hutt as shown in Appendix 1 to Report TRS2017/5/281.” |
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Item 4q) |
Laings Road - Proposed Parking Restrictions associated with the Civic Precinct Redevelopment (17/925) |
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Resolved: (Cr Cousins/Cr Briggs) Minute No. C 17520(3) “That Council: (i) rescinds all parking restrictions in Laings Road, Lower Hutt and the former Fountain Carpark between Knights Road and Myrtle Street, Lower Hutt to consolidate all parking in the street; (ii) approves the HC2 2Hr Max Metered 9am-5pm Mon-Fri (Sat-P120) Parking Restrictions as shown in Appendix 1 attached to Report TRS2017/5/273; (iii) approves the HC3 Unrestricted Metered 9am-5pm Mon-Fri Parking Restrictions as shown in Appendix 1 attached to Report TRS2017/5/273; (iv) approves the P15 Parking Restrictions as shown in Appendix 1 attached to Report TRS2017/5/273; (v) approves the P60 Parking Restrictions as shown in Appendix 1 attached to Report TRS2017/5/273; (vi) approves the Mobility Parking Restrictions At All Times as shown in Appendix 1 attached to Report TRS2017/5/273; (vii) approves the P15 Loading Zone At All Times Restrictions as shown in Appendix 1 attached to Report TRS2017/5/273; (viii) approves the use of four car parks in the event centre parking lot as reserved parking for Council Authorised vehicles (Event Centre Staff) At All Times, as shown in Appendix 1 attached to Report TRS2017/5/273; and (ix) approves all No Stopping At All Times Restrictions in Laings Road, Lower Hutt between Knights Road and Myrtle Street, Lower Hutt and the Event Centre Carpark as shown in Appendix 1 attached to Report TRS2017/5/273.” |
b) Policy and Regulatory Committee
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i) |
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Resolved: (Cr Cousins/Cr Lewis) Minute No. C 17521(3) “That the report of the meeting held on 21 November 2017, with the exception of items 4a) and 4b), be adopted.” |
Recommended Items
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Item 4a) |
Bell Park (17/1672) |
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Resolved: (Cr Cousins/Cr Lewis) Minute No. C 17522(3) “That Council: (i) retains Bell Park in full as a reserve; and (ii) requests officers to work with the local community and the Ignite Sport Trust, should the Trust decide to purchase the building on the park from the Lower Hutt Football Club, to develop a proposal for the improvement of the park.” |
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Item 4b) |
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Resolved: (Cr Cousins/Cr Edwards) Minute No. C 17523 “That Council: (i) notes the results of the community consultation on the Molesworth Street Reserve; and (ii) agrees to publicly notify a proposal to revoke the reserve status of the Molesworth Street Reserve and make the property available for housing, for the following reasons; (a) the reserve has a low reserves value as independently assessed, with poor visibility and drainage and low use; (b) there are other reserves in the immediate vicinity that help meet local recreation need; and (c) the proceeds of the sale of the property will enable other Council reserve priorities to be undertaken, such as those identified in the Valley Floor Review Implementation Plan.” |
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ii) |
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Resolved: (Cr Cousins/Cr Sutton) Minute No. C 17524(3) “That the report of the meeting held on 27 November 2017, with the exception of items 4a) to 4j), be adopted.” |
Recommended Items
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Item 4a) |
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Resolved: (Cr Cousins/Cr Bridson) Minute No. C 17525(3) “That Council agrees to revoke the reserve status of the property at 9A Durham Crescent, Epuni being Lot 202, DP 15426, on the basis that the reserve is no longer required for its off-street parking purpose and would be more usefully incorporated into the residential development proposed for the Epuni area by Housing New Zealand.” |
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Item 4b) |
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Resolved: Cr Cousins/Cr Briggs) Minute No. C 17526(3) “That Council agrees to the sale of the property on Queens Drive, being Lot 4, DP 17143 on CFR WN700/74, to Napier BSL No 7 Limited in order to rectify a legal administrative issue which has been brought to Council’s attention by Land Information New Zealand.” |
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Item 4c) |
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The Divisional Manager Parks and Gardens updated members on where the important vegetation was located on the site. He advised that the northern Rata and Black Beech were contained in one part of the site and the rest of the site was generating Manuka. He advised that in the opinion of Council’s Reserves Manager housing could be developed on the site without having too much impact on the site. In response to questions from members, the Divisional Manager, Parks and Gardens advised that the Eastbourne Community Board (the Board) had considered the report, prior to the Policy and Regulatory Committee meeting. He noted that the Board was not interested in seeing C removed as a reserve but with the expectation that if Council decided to do that then there would be further consultation with the Board and the community. He also advised that the value of the piece of land was approximately $500,000-$700,000. Members discussed removing C from the Committee’s recommendations and whether the matter be sent back to the Board and community for further consultation. Cr Milne suggested that before the matter was reported back to the Board that the areas within C2 were clearly identify and therefore how the areas could be potentially developed. In response to a question from a member, the Divisional Manager, Parks and Gardens advised that the area would be publicly notified with a proposal to sell the land and that would receive submissions and consultation with the Board and relevant resident associations. Cr Lewis advised that the Board did not want to consult with the community on area C2 as the Board knew its community. S |
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Resolved: (Deputy Mayor/Cr Edwards) Minute No. C 17527(3) “That Council: (i) notes that seventeen submissions were received with fourteen submissions supporting the proposed reserve declaration and classification; (ii) thanks submitters for participating in the consultation process; (iii) agrees to declare areas A, B, D, E, F and G, illustrated on the plan in section seven of this report as reserve, in terms of section 14 of the Reserves Act 1977; (iv) agrees that areas A, B, D, F and G, illustrated on the plan in section seven of Report PRC2017/5/286, be classified as Recreation Reserve in accordance with section 17 of the Reserves Act 1977; (v) agrees that area E, illustrated on the plan in section seven of Report PRC2017/5/286, be classified as Scenic Reserve in accordance with Section 19(1)(b) of the Reserves Act 1977; and (vi) directs officers to publish the classifications, as resolved at this meeting, in the New Zealand Gazette.” |
CONSEQUENTIAL MOTION
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Resolved: (Cr Milne/Cr Edwards) Minute No. C 17528(3) “That Council requests officers to report back to the next Policy and Regulatory Committee with the following information:
(a) a valuation on the C2 site, having first prepared a site plan for the appropriate location of housing with the intention to protect the important ecological values of the site through an encumbrance; and
(b) a proposed consultation plan with the Eastbourne Community Board and the local community on the possibility of the C2 site being sold and developed in this way.” |
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Item 4d) |
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Deputy Mayor Bassett expressed disappointment with the lack of community response during the consultation process. Mayor Wallace commented that the Parking Policy was very high level. He congratulated the Petone Community Board for encouraging community engagement. Cr Lewis supported Mayor Wallace’s comments. |
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Resolved: (Cr Cousins/Cr Sutton) Minute No. C 17529(3) “That Council: (i) approves the Parking Policy, as attached as Appendix 2 to Report PRC2017/5/291, with the changes made as a result of the consultation process; and (ii) asks officers to review the policy in 18 months.” |
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Item 4e) |
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Resolved: (Cr Cousins/Cr Sutton) Minute No. C 17530(3) “That Council: (i) notes that no public submissions were received with respect to the proposal to revoke the existing Cemeteries Bylaw 2007 and adopt the Cemeteries Bylaw 2017; (ii) determines that, in accordance with section 155 of the Local Government Act 2002, the proposed bylaw – a. Is the most appropriate form of bylaw; b. Does not give rise to any implications under the NZ Bill of Rights Act 1990; and (iii) agrees to revoke the existing Cemeteries Bylaw 2007 and adopt the Cemeteries Bylaw 2017, attached as Appendix 3 to Report PRC2017/5/288, effective from 1 January 2018.” |
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Item 4f) |
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Resolved: (Cr Cousins/Cr Sutton)Minute No. C 17531(3) “That Council: (i) notes that one submission was received with respect to the proposal to revoke the Parks and Reserves Bylaw 2007 and adopt the Parks and Reserves Bylaw 2017; (ii) notes that the Policy and Regulatory Committee has recommended to Council that the proposal as noted in part (i) above be approved without amendment; (iii) determines that, in accordance with section 155 of the Local Government Act 2002, the proposed bylaw – a. is the most appropriate form of bylaw; b. does not give rise to any implications under the NZ Bill of Rights Act 1990; and (iv) agrees to revoke the existing Parks and Reserves Bylaw 2007 and adopt the Parks and Reserves Bylaw 2017, attached as Appendix 4 to Report PRC2017/5/289, effective from 1 January 2018.” |
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Item 4g) |
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Resolved: Cr Cousins/Cr Sutton) Minute No. C 17532(3) “That Council: (i) notes that no submissions were received with respect to the proposal to revoke the Traffic Bylaw 2007 and adopt the Traffic Bylaw 2017; (ii) notes that the Policy and Regulatory Committee has recommended that due to a change to the Road User Rule, there is now no need to include Clause 18 concerning window washers in the proposed bylaw; (iii) notes that the Policy and Regulatory Committee has recommended to Council that the proposal as noted in (i) above and the deletion of Clause 18 as noted in (ii) above be approved; (iv) determines that, in accordance with section 155 of the Local Government Act 2002, the proposed bylaw – a. Is the most appropriate form of bylaw; b. Does not give rise to any implications under the NZ Bill of Rights Act 1990; and (v) agrees to revoke the existing Traffic Bylaw 2007 and adopt the Traffic Bylaw 2017, attached as Appendix 3 to Report PRC2017/5/290, as outlined in (iii) above, effective from 1 January 2018, in accordance with section 156 of the Local Government Act 2002.” |
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Item 4h) |
Public Art Policy and Interim Public Art Guidelines (17/1708) |
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Resolved: (Cr Cousins/Cr Lulich) Minute No. C 17533(3) “That Council: (i) approves the draft Public Art Policy, attached as Appendix 1 to Report PRC2017/5/293; (ii) approves the proposed membership of the Public Art Advisory Group, attached as Appendix 2 to Report PRC2017/5/293 and the draft Terms of Reference for that Group, attached as Appendix 3 to Report PRC2017/5/293; (iii) notes that work is continuing on the Public Art Policy Guidelines; (iv) notes that an ongoing Council budget allocation for Public Art (maintenance and acquisition) will be considered as part of the next round of Long Term Plan deliberations; and (v) requests that the Community Plan Committee considers this budget allocation for 2018/19.” |
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Item 4i) |
Development Contributions Policy Review for 2018-2028 Long Term Plan (17/1699) |
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Resolved: (Cr Cousins/Cr Edwards) Minute No. C 17534(3) “That Council: (i) notes the issues to be addressed and the changes that will be made to the Development Contributions Policy for the 2018-2028 Long Term Plan; (ii) notes this information about the changes will be made publicly available via the Long Term Plan; (iii) recommends to the Community Plan Committee that the Development Contributions Policy be consulted on as part of the Long Term Plan consultation; and (iv) notes that any changes to the information provided in Report PRC2017/5/288 (and its attachments) resulting from consultation in 2018 will be considered by Council for final approval, before a new policy is released by 30 June 2018.” |
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Item 4j) |
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Resolved: (Cr Cousins/Cr Edwards) Minute No. C 17535(3) “That Council: (i) notes that nothing major has occurred or changed to warrant a review of Council’s Significance and Engagement Policy; and (ii) agrees that the Significance and Engagement Policy, attached as Appendix 1 to Report PRC2017/5/292, adopted as part of the 2015-2025 Long Term Plan, continues to represent how Council will go about assessing the importance of matters and how and when the community can expect to be consulted on both.” |
c) City Development Committee
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Resolved: Deputy Mayor Bassett/Cr Sutton) Minute No. C 17536(3) “That the report of the meeting held on 28 November 2017, with the exception of items 4a) to 4b), be adopted.” |
Recommended Items
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Item 4a) |
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In response to a question from a member, Deputy Mayor Bassett explained that the Petone community had been very vocal on the issue. He highlighted that a petition had been received which requested further analysis be carried out on retaining and refurbishing the Petone wharf. |
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Resolved: (Deputy Mayor Bassett/Cr Edwards) Minute No. C 17537(3) “That Council: (i) notes the geotechnical report from Tonkin + Taylor on the Waiwhetu Aquifer, attached as Appendix 1 to Report CDC2017/5/305, which concludes that work on the piles at Days Bay, Rona Bay and Petone Wharves is unlikely to have any impact on the aquifer; (ii) notes that officers have commissioned further investigations in respect of the Point Howard Wharf, following advice that some of the piles are likely to have penetrated into the aquifer at a point which is above the transition zone of the aquifer and covering aquitard as it adjoins the greywacke bedrock along the eastern side of the harbour; (iii) notes that officers will report back on future options for the Point Howard Wharf once this information is known; (iv) notes that a full underwater condition assessment of piles at Days Bay, Rona Bay and Petone, has been completed which shows that Rona Bay Wharf is in the poorest condition; (v) notes that officers have contracted GK Shaw to undertake the upgrade works at Rona Bay Wharf following the recent completion of essential repairs to Petone and Days Bay Wharves and that these works are expected to take up to a year to complete at an estimated cost of $1.4M; (vi) notes that Council has received a petition signed by approximately 2200 people who urge Council to reconsider its decision to remove part of Petone Wharf and instead retain and refurbish the wharf in full; and (vii) requests officers to provide a detailed financial analysis of the two options (retain and refurbish full wharf or partly demolish wharf head and refurbish the balance of the wharf), to assist it in making a final decision on the future of Petone Wharf as part of its resource consent application and in finalising next year’s Long Term Plan.” |
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Item 4b) |
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Deputy Mayor Bassett advised that the buildings along Jackson Street and the precinct were key to retaining the character of the area. He added that preservation was critical. Crs Lewis and Lulich added that due to an increasing number of developments proposed for Petone, the Design Report was essential to retaining the Jackson Street heritage character. |
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Resolved: (Deputy Mayor Bassett/Cr Lulich)Minute No. C 17538(3) “That Council: (i) endorses the Jackson Street Streetscape Design (JSSD) report as Council’s long term master plan for Jackson Street, attached as Appendix 1 to Report CDC2017/5/306; (ii) endorses that heritage buildings are the economic ‘heroes’ of the Jackson Street retail precinct and combined with the pedestrian environment these are the top priority for Council protection, further work, and funding; (iii) notes that officers will investigate options for protection and enhancements of these heritage buildings and report back to the City Development Committee at its next meeting; (iv) endorses that any new street furniture shall be sourced and installed in Jackson Street in accordance with the JSSD; (v) endorses that any public art shall be sourced and installed in Jackson Street in accordance with the JSSD; and (vi) notes that staffing and funding will need to be considered to implement further work on the JSSD.” |
d) District Plan Committee
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Resolved: (Cr Bridson/Cr Cousins) Minute No. C 17539(3) “That the report of the meeting held on 29 November 2017, with the exception of item 4a), be adopted.”
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Recommended Item
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Item 4a) |
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Resolved: (Cr Bridson/Cr Cousins) Minute No. C 17540(3) “That Council: (i) notes the proposed Plan Change which is attached as Appendix 1 to Report DPC2017/5/308; (ii) resolves to promulgate Proposed Plan Change 48 for consultation; (iii) instructs officers to publicly notify Proposed Plan Change 48 as soon as practicable; and (iv) allows officers to make any non-policy related changes to the details of the proposed Plan Change should the need arise.” |
e) Finance and Performance Committee
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Resolved: (Cr Milne/Deputy Mayor Bassett) Minute No. C 17541(3) “That the report of the meeting held on 29 November 2017, with the exception of items 4a) to 4c), be adopted.” |
Recommended Items
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Item 4a) |
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Resolved: (Cr Milne/Cr Barry) Minute No. C 17542(3) “That Council: (i) approves the high level budget assumptions outlined in Report FPC2017/5/297; (ii) notes the key budget risk areas; (iii) provides any further direction required in respect of the 2018-19 budget; (iv) notes the process and timeframe for the development of the Long Term Plan 2018-2028; (v) provides any further direction in respect of the consultation to be undertaken on the Long Term Plan; and (vi) approves an amendment to Council’s Standing Orders to enable online public participation during the upcoming Long Term Plan deliberations, specifically live online verbal submissions from the public.” |
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Item 4b) |
Revenue and Financing Policy Review for 2018-2028 Long Term Plan (17/1700) |
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Resolved: (Cr Milne/Cr Edwards) Minute No. C 17543(3) “That Council: (i) approves the proposed amendments to the Revenue and Financing Policy for consultation as part of the Long Term Plan 2018-2028 including:
a. Environmental Health – this will be separated from Environmental Consents but only for assessment of public/other (including private) benefit. It will not be a separate activity; and b. District Plan – the hearing fee will be changed to ensure Council recovers its costs as currently this is not the case; and (ii) notes further analysis is required on the continuation or changes to the current 10 year differential transition.” |
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Item 4c) |
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Cr Milne considered it an appropriate time to upgrade the Council Chambers technology while keeping with existing budgets. He advised that officers were confident of installing a system in time for the Long Term Plan process to enable members of the public to participate remotely. |
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Resolved: (Cr Milne/Cr Sutton) Minute No. C 17544(3) “That Council: (i) notes that Council has been live-streaming meetings held in the Council Chambers during 2017; (ii) notes the statistics provided in Appendix 1 attached to Report FPC2017/4/226 on the viewing of meetings; (iii) notes the options to upgrade the live-streaming equipment outlined in Report FPC2017/4/226; (iv) notes that $25,000 was allocated in 2017/18 to upgrade the live-streaming equipment in the Council Chambers; (v) agrees with the proposed allocation of this funding to cover integration of the live-stream with the current control system, one replacement camera, four additional microphones and a battery charger; and (vi) asks that Skype for Business be implemented into Council Chambers in time for the Long Term Plan this coming year.” |
f) Community Services Committee
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Cr Milne left the meeting at 7.17pm.
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Resolved: (Cr Barratt/Cr Briggs) Minute No. C 17545(3) “That the report of the meeting held on 30 November 2017, with the exception of items 4a) to 4b), be adopted.” |
Recommended Items
Cr Milne rejoined the meeting at 7.19pm.
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Item 4a) |
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Resolved: (Cr Barratt/Cr Bridson) Minute No. C 17546(3) “That Council: (i) notes that Hutt City Council pools are currently well used by residents; (ii) notes that there is no evidence that making swimming free for under-fives produces long term increased usage by this group; (iii) notes that other barriers such as transport and parental support and ability are greater limiting factors to usage than price alone; and (iv) agrees to remain with the current charging policy for the 2017-18 financial year; and (v) refers the matter to the Community Plan Committee to consider options for targeted investment for improving access to swimming for children.” |
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Item 4b) |
Accessibility and Inclusiveness Plan Advisory Group Meeting Fees (17/1701) |
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Resolved: (Cr Barratt/Cr Lulich) Minute No. C 17547(3) “That Council: (i) agrees that the meeting fee for members of the Accessibility and Inclusiveness Plan Advisory Group will be classed as reimbursement of reasonable costs associated with attending Advisory Group meetings; and (ii) notes that the meeting fee covers transport costs, meal costs and, where required, the cost of having a care giver to attend the meetings with individual Advisory Group members.” |
6. Miscellaneous
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a) |
Proposal to Change Reserve Classification -105 Western Hutt Road (17/1861) Report No. HCC2017/5/317 by the Divisional Manager, Parks and Gardens |
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Speaking under public comment, Mr A Kowalczyk and Mr M Page representing NZRT18, gave a brief summary of what had been proposed and the reasons for it. Mr Kowalczyk explained the NZRT18 was a voluntary organisation, providing emergency response during crisis management. He stated the long term goal of the organisation was to erect a permanent structure on the proposed site to serve as a base for the storage of equipment and supplies and as a secondary emergency operations centre. H e added emergency vehicles could also be stored at the facility. He acknowledged the concerns of the submitters, adding that the organisation wished to be a good neighbour. He elaborated by stating the site would remain tidy and secure, there would be no unnecessary disturbance of vegetation and that the signage proposed would be modest. He explained gaining sponsorship through signage was a valuable fundraiser for the organisation.
Mr Page explained the location of the site was ideal as it had easy access and was close to other emergency services locations.
In response to a question from a member, Mr Page acknowledged the sensitive nature of the site and that the organisation would comply with all signage requirements of both Council and New Zealand Transport Agency.
Speaking under public comment, Ms T Coleman, representing the Maungaraki Communication Association (the Association), expressed support for the proposal. She added that there was a balance between the use of the area as a popular reserve and the need to erect a storage structure for a worthwhile purpose. Ms Coleman highlighted the existing security risk problems of the area. She requested that consultation with the Association continue to ensure the proposed structure be as visually undisruptive as possible, landscaping be undertaken and uninterrupted access to Percy Scenic Reserve be continued. She added the Association requested that only NZRT18 be the occupiers of the site and that if they cease to require the site, it revert back to its original use.
Speaking under public comment, Ms E Jackman and Mr P Caygill representing the Western Community Panel expressed support in principle for the proposal. They suggested the siting of the proposed storage structure be carefully considered as a lot of landscaping work had already been undertaken in the area that must be respected and retained.
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The Divisional Manager, Parks and Gardens elaborated on the report. He advised that there had been two submissions received and officers were working with the submitters. In response to questions from members, the Divisional Manager, Parks and Gardens confirmed only NZRT18 would be the occupants of the site and that if they no longer required the site, it would revert to its local purpose reserve status. He agreed to investigate locations for security lighting to assist in security of the carpark area of Percy Scenic Reserve. |
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Resolved: (Mayor Wallace/Cr Sutton) Minute No. C 17548(3) “That Council: (i) notes that objections/submissions to the proposal to change the reserve classification of the property at 105 Western Hutt Road closed on Thursday 7 December 2017; (ii) notes that as at 5 December 2017 Council had received no objections/submissions; (iii) notes that officers will report orally on any objections/submissions received before the closing date; (iv) confirms, subject to consideration of any objections/submissions received, the change of classification from Scenic Reserve to Local Purpose Reserve (Community Buildings) for the property at 105 Western Hutt Road on the basis that the property does not possess reserve values consistent with a Scenic Reserve and that it would be more suited for a community use as a base for Civil Defence purposes; and (v) confirms to lease a part of the property at 105 Western Hutt Road to New Zealand Response Team 18.” |
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b) |
Right of Way - 135 Witako Street (17/1860) Report No. HCC2017/5/314 by the Divisional Manager, Parks and Gardens |
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The Divisional Manager, Parks and Gardens elaborated on the report. In response to a question from a member, the Divisional Manager, Parks and Gardens confirmed the easement remained in Council ownership and that pedestrian access to the Hutt Hospital would be unaffected. |
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Resolved: (Mayor Wallace/Cr Lulich) Minute No. C 17549(3) “That Council grants a right of way over part of Mitchell Park, as shown on the attached plan, in favour of the property at 135 Witako Street, being Lot 1 Deposited Plan 53389, for the purpose of providing legal access to that property.” The right of way is required to ensure that the property at 135 Witako Street can be legally accessed when it is no longer in Council ownership.” |
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c) |
Land Sale Proposal - Korimako Road Encroachment (17/1862) Report No. HCC2017/5/315 by the Divisional Manager, Parks and Gardens |
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The Divisional Manager, Parks and Gardens elaborated on the report. He stated that the matter came to the attention of the officers 10 days ago and that residents of one property used the portion of land. Mayor Wallace added that there were many instances of encroachments within the Eastbourne area which required this action by Council. In response to a question from a member, the Divisional Manager, Parks and Gardens explained the land was zoned Reserve which would affect its valuation and the owners of the adjoining property had fully developed and landscaped the portion of land, as it was their main entrance to their property. |
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Resolved: (Mayor Wallace/Cr Lulich) Minute No. C 17550(3) “That Council agrees to the sale of approximately 120m2 of land being part of Lot 2, DP 456938 on CT 591561, adjacent to 1 Korimako Road, Days Bay and shown in blue on the attached plan as Appendix 1 to the report.” |
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d) |
Code of Conduct Review (17/1846) Report No. HCC2017/5/313 by the General Counsel |
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Speaking under public comment, Mr M Shierlaw expressed concern that the Council was being asked to endorse a process which prevented the public making complaints under the proposed Code of Conduct (CoC). He stated all complaints were political in nature and that Council was accountable to the public. He also expressed concern at the widespread veto powers contained in the CoC and that they lacked transparency. He believed the scope of the CoC should be narrowed as he considered too many trivial complaints could be lodged.
The General Counsel elaborated on the report. He explained the report reflected the position of Council after input from all members.
Deputy Mayor Bassett left the meeting at 7.30pm.
The General Counsel acknowledged the public speaker’s comments and advised that New Zealand Local Government had recommended the ability for the public to make complaints under the CoC be removed. He added there remained the ability for a member of the public to put a complaint before a Councillor, who could then make a complaint under the code of conduct. He further advised the CoC gave authority to the Chief Executive and Mayor to deal with complaints from Councillors and authority to a Council committee to deal with a complaint involving the Mayor.
Deputy Mayor Bassett re-joined the meeting at 7.34pm.
Cr Cousins requested clarification concerning the fact that the flow chart showed a possible conflict of interest with the Chief Executive considering complaints, but also being an employee of Council. She suggested all complaints should come through the Mayor to the Chief Executive.
The Mayor explained if a complaint was made concerning a Councillor bullying a Council employee then the Chief Executive was ultimately responsible for the safety and wellbeing of all Council employees and should be involved in any such complaint.
Cr Cousins suggested that if a complaint came through from a staff member about a Councillor to the Chief Executive, then the Chief Executive would bring the matter to the Mayor or Chairs of Committees if the complaint related to the Mayor. Cr Milne queried why the CoC still used external parties. Mayor Wallace explained that the method would be used, but only after investigation by the Mayor and Chief Executive found it to be warranted. He added there would be strict guidelines, with a proviso that any costs of an external investigation be kept to a minimum, preferably on a pro-bono basis. Cr Milne expressed concern that there be any external component to any investigation as this reflected poorly on Council and could be costly. He suggested an inhouse committee, similar to the Parliamentary Priviledges Committee, to ensure a robust internal resolution process was established therefore deleting the bottom portion of the flow chart. Cr Briggs suggested a committee consisting of the current Chairs of Council’s Standing Committees, who do not have an interest in a complaint and also include non-chairs for balance. The General Counsel advised that if the external component was removed from the Code of Conduct then any complaints process would need careful scutiny from the outset. Members discussed a proposed committee comprising of independent personnel, possibly two Justices of the Peace (JPs). Cr Edwards advised that he preferred the process of the suggested flow chart as it resulted in the process becoming public at some stage. He recommended having independent personnel involved in the resolution process and requested the words “with a preference” be removed from the officer’s recommendations. He also requested emphasis be placed on obtaining external parties with a low cost or prepared to work on a pro bono basis. Cr Milne requested clarification concerning the issue of obtaining external parties to work on a pro bono basis as he understood it may no longer be possible. MOVED: (Cr Milne/Cr Sutton) “Refer the matter back to officers to revise and refine the Code of Conduct to be an internal process only.” Cr Barratt advised that as a JP herself, all work she undertook was on a pro-bono basis. She believed there would be JPs willing to assist Council if the need arose. |
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The motion was declared lost by division with the voting as follows:
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Resolved: (Mayor Wallace/Deputy Mayor
Bassett) (by Division) “That Council: (i) amends the Code of Conduct (the Code) to require a complaint under the Code to have the following particulars, before being accepted as a valid complaint; (a) the nature of the complaint, including the parts of the Code alleged to have been breached; and (b) how the breach, if proven, would bring a member or Council into disrepute, or, if not addressed, reflect adversely on another member of Council; and (c) include all information and evidence relied on to substantiate the breach (this requirement also applies to responses to complaints); and (d) set out what steps the complainant has already taken to resolve the complaint. (ii) endorses the informal dispute resolution process, previously incorporated into the Code, for complaints not involving the Mayor; (iii) amends the Code to allow the Mayor and Chief Executive Officer (CEO), acting jointly, the power to refuse to progress a complaint to the preliminary investigation stage; (iv) amends the Code to allow a Committee consisting of the current Chairpersons of Council standing committees, who do not have an interest in a complaint, the power to direct the CEO not to progress a complaint involving the Mayor to the preliminary investigation stage; (v) amends the Code to provide that the powers in (iii) and (iv) can only be exercised where the decision-makers form the view that the complaint does not have a reasonable prospect of being declared material; (vi) amends the Code to clarify that complaints and information relating to the resolution of complaints are confidential up to and including the preliminary investigation stage (to allow ‘without prejudice’ discussions, with a view to early resolution of complaints) ; (vii) amends the Code to clarify the expectations of Council and the CEO of external investigators when conducting a preliminary investigation. Emphasis will be placed on the following requirements: (a) that the onus is on the complainant and subject of the complaint to provide all the information and evidence relied on, as part of their initial complaint or response; (b) telephone calls may be made to clarify the information or evidence, but that face-to-face interviews or further investigation of the issues will only be undertaken if the complaint is of a particularly serious nature; (c) that the investigation should be proportionate to the potential harm that might result if the breach is proven; (d) any other requirement of the CEO; (viii) amends the Code to include a new category of breach, being a “substantial breach”. A substantial breach is a breach of the Code that does not meet the “material breach” definition but is still more than a minor or technical breach; (ix) amends the Code to provide that a substantial breach is to be treated the same as a material breach in terms of process; (x) directs the CEO to appoint a new panel of external investigators willing to work on a low cost or pro bono basis; (xi) directs the CEO to make enquires and provide a list of names of potential candidates for the Code of Conduct Committee to the Mayor, with candidates willing to work on a low cost or pro bono basis; (xii) amends the existing process where only members can make complaints under the Code but clarifies that a member can make a complaint based on information and evidence supplied by the public or an organisation. Any such complaint will be a complaint by the member who makes it; and (xiii) clarifies that complaints received by Council staff which concern the Code will be forwarded to the Mayor’s Office. The Mayor will either progress or decline to progress the complaint.” |
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The motion was declared carried by division with the voting as follows:
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e) |
Wellington Region Climate Change Working Group Terms of Reference (17/1863) Report No. HCC2017/5/316 by the Divisional Manager, Strategy and Planning |
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Cr Bridson advised that there may be changes to the draft Terms of Reference (ToR) for the Wellington Region Climate Change Working Group. Members noted the main changes would be that Ara Tahi would be approached to provide a representative on the Group, additional wording relating to consultation with Maori and the Hutt City Youth Council would be included under the participation section of the ToR. |
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Resolved: (Cr Bridson/Cr Cousins) Minute No. C 17552(3) “That Council approves the Terms of Reference, in principle, for the Wellington Region Climate Change Working Group (‘the Group’), subject to a final decision by Council if any material changes are requested by the Group attached as Appendix 1 to the report.” |
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f) |
Application for Unbudgeted Project: Nuku Tewhatewha - Refurbishment and Interpretation (17/1864) Report No. HCC2017/5/318 by the Director, Museums |
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The Director, Museums elaborated on the report. She explained that the Pataka arrived at The Dowse in 1982 and was a carving commissioned by the Te Atiawa Chief and was the only one remaining of the original seven. She further explained that in order to breathe more life into the Pataka, detailed research, communication and relationship building was required. She added that in order for the project to be completed in time for Te Matatini in February 2019, work needed to start immediately and the requested additional funding was required to enable this to occur. In response to questions from members, the Director, Museums directed members to the breakdown of costs provided. She added costings included engaging a specialist researcher, building connections with local iwi, conservation of photographs, restoration of the display area, new signage and provision of multi-lingual digital equipment. She stated it could become a major tourist attraction for the City. She advised that investigations into software licenses had determined that a three year licence was better than a bespoke development, as risk management could be managed more efficiently and cost effectively. She advised that a funding application to Wellington Regional Amenities Fund was refused and that applications for lottery funding were open once a year. She confirmed further applications to these two sources would be made at the next available opportunity. Cr Lewis suggested officers approach the Waitangi Tribunal as she believed the Tribunal had funds for projects of this nature. Cr Cousins advised that the artifact came under the protection of the Betham family for a long period of time and that it had a rich and detailed history. She added that there may be some existing archived material held by Council, as Council held Pakeha history as well as Maori history. Cr Sutton left the meeting at 8.19pm. Cr Barratt thanked the Director, Museums for the work undertaken to date and commented that the Pataka was an important and worthy part of the history of the City. She added the time was now to open up the history to preserve and promote the cultural identity of all those who have gone before. Cr Sutton re-joined the meeting at 8.21pm. Cr Barratt believed that with the opening of the new Town Hall precinct, there was an opportunity to link to The Dowse and that while Te Matatini was not being hosted by Lower Hutt, many thousands of visitors would visit the region. She added that having such a valuable Pataka housed at The Dowse would attract many of these visitors. Cr Briggs expressed support for the funding commenting that it was a worthy cause, with many long term benefits. Mayor Wallace expressed support for the early approval of funding, noting that any further commitment would be discussed through the Long Term Plan process. |
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Resolved: (Mayor Wallace/Cr Barratt) Minute No. C 17553(3) “That Council: (i) approves $20,000 to allow work to commence early 2018, in order to be ready for Te Matatini; and (ii) notes the balance of funds required ($128,500) will be considered as part of the 2018 Annual Plan deliberations.” |
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g) |
Updated Schedule of Meetings for 2018 (17/1774) Memorandum dated 21 November 2017 by the Divisional Manager, Democratic Services |
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Resolved: (Mayor Wallace/Deputy Mayor Bassett) Minute No. C 17554(3) “That Council adopts the amended schedule of meetings for 2018 attached as Appendix 1 to the memorandum, with the further amendments to the Eastbourne and Wainuiomata Community Boards dates.” |
7. Minutes – Council
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Resolved: (Mayor Wallace/Deputy Mayor Bassett) Minute No. C 17555(3) “That the minutes of the meeting of the Hutt City Council held on Tuesday, 10 October 2017, be confirmed as a true and correct record.” |
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Resolved: (Mayor Wallace/Deputy Mayor Bassett) Minute No. C 17556(3) “That the minutes of the meeting of the Extraordinary Meeting of Council held on Wednesday, 18 October 2017, be confirmed as a true and correct record subject to an amendment under item 4b) changing the wording from 6-9 to pages 6-13.” |
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Resolved: (Mayor Wallace/Deputy Mayor Bassett) Minute No. C 17557(3) “That the minutes of the Extraordinary meeting of Council held on Monday, 6 November 2017, be confirmed as a true and correct record.” |
8. Committee Reports without Recommended Items
a) Hutt Valley Services Committee
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Resolved: (Cr McDonald/Cr Bridson) Minute No. C 17558(3) “That the report of the meeting held on 24 November 2017 be received.”
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b) Finance and Performance Committee
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Resolved: (Cr Milne/Cr Barratt) Minute No. C 17559(3) “That the report of the meeting held on 18 Oct 2017 be adopted.”
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9. QUESTIONS
There were no questions.
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10. |
Report No. HCC2017/5/14 by the Executive Assistant, Corporate Services |
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Resolved: (Mayor Wallace/Deputy Mayor Bassett) Minute No. C 17560(3) “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 18.2.
SCHEDULE 1 - General Sealing Authority
Agreement for Sale and Purchase a) The
Hutt City Council and Paddy Hannan Contracting Limited (in
receivership) Land Transfer b) The
Hutt City Council and The Property Group Limited Agreement for Road Stopping and Sale c) The
Hutt City Council and John Alfred Rainey-Smith and Margaret Mary
Rainey-Smith d) The
Hutt City Council and Evacom Limited Covenant e) The
Hutt City Council and Michael John Horton and Sheila Horton Subdivision related documents – including Easements to Council and Esplanade Strips Standard easements and related requirements granting rights to Council as part of the subdivision process. f) The Hutt City Council and Tamsin Alvita Snell and Leander Killian Francis The Hutt City Council and Joan
Leah Hall
g) The
Hutt City Council and Dene Markland Waters h) The
Hutt City Council and Dene Markland Waters and Stephen Anthony Karl Thwaite i) The Hutt City Council and Paul Mark Dajnowski Subdivision
consent
j) The Hutt City Council and Petom Limited Subdivision
consent
k) The
Hutt City Council and Liberty Developments Limited l) The Hutt City Council and Trevor John Christie Subdivision consent (Record number L17/176)
m) The
Hutt City Council and Michael James Stewart n) The
Hutt City Council and Maureen Ann Coomer o) The
Hutt City Council and Martin Leslie Van Der Coolwijk and Lorraine Bronwyn
Duffin p) The
Hutt City Council and Fairfield Limited Partnership q) The
Hutt City Council and Eric John Chetwin, Geoffrey Fraser Chetwin and Jack
Roland Stirling Deed of Assignment r) The
Hutt City Council and 531 High Street Nominees Limited for and on behalf of
the 531 High Street Nominees Joint Venture and Mai Mai JV Limited Deed of Lease s) The
Hutt City Council and Angela Maria Sheppard, John Patrick Sheppard and Fraser
Donald Sheppard as Trustees of the Esplanade Trust Unit 6, Birchwood Park,
477-479 Hutt Road, Lower Hutt plus eight car parks t) The
Hutt City Council and Royal NZ Plunket Society Wellington Wairarapa Area
Incorporated (as Assignor) and Royal NZ Plunket Society Incorporated (as
Assignee) u) The
Hutt City Council and Royal NZ Plunket Society Wellington Wairarapa Area
Incorporated (as Assignor) and Royal NZ Plunket Society Incorporated (as
Assignee) v) The
Hutt City Council and Royal NZ Plunket Society Wellington Wairarapa Area
Incorporated (as Assignor) and Royal NZ Plunket Society Incorporated (as
Assignee) w) The
Hutt City Council and Royal NZ Plunket Society Wellington Wairarapa Area
Incorporated (as Assignor) and Royal NZ Plunket Society Incorporated (as
Assignee) x) The
Hutt City Council and Royal NZ Plunket Society Wellington Wairarapa Area
Incorporated (as Assignor) and Royal NZ Plunket Society Incorporated (as
Assignee) y) The
Hutt City Council and Royal NZ Plunket Society Wellington Wairarapa Area
Incorporated (as Assignor) and Royal NZ Plunket Society Incorporated (as
Assignee) z) The
Hutt City Council and Donald John McIlroy Lease of Reserve Land aa) The
Hutt City Council and Wainuiomata Cricket Club Incorporated, Bryan Heath
Park, Wainuiomata, Lower Hutt Variation of Mortgage bb) The
Hutt City Council being the mortgagee under Mortgage (Encumbrance) B317266.13
in respect of the land contained in certificate of Title WN43B/667 HEREBY
CONSENTS to registration of a transfer of the property from Carol Ann Young
to Melissa Yssel and Gert Pieter Hartzenberg as transferee Land Transfer cc) The
Hutt City Council and The Wellington Regional Council Warrants Approved
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11. EXCLUSION OF THE PUBLIC
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Resolved: (Mayor Wallace/Deputy Mayor Bassett) Minute No. C 17561(3) “That the public be excluded from the following parts of the proceedings of this meeting, namely: 12. Committee Report with Recommended Item Policy and Regulatory Committee - 27 November 2017 13. Minutes - Council 10 October 2017 and 18 October 2017
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:
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.” |
WR Wallace
MAYOR
CONFIRMED as a true and correct record
Dated this 13th day of March 2018