Minutes of an ordinary meeting of The Hutt City Council held in the Council Chambers, 2nd Floor, 30 Laings Road, Lower Hutt on
Tuesday 9 October 2018 commencing at 6.00pm
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PRESENT: |
Acting Mayor D Bassett (Chair) |
Mayor WR Wallace (via skype from 6.55pm until 7.41pm |
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Cr G Barratt |
Cr C Barry (from 6.20pm) |
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Cr L Bridson |
Cr J Briggs |
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Cr MJ Cousins |
Cr T Lewis |
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Cr G McDonald |
Cr C Milne |
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Cr L Sutton |
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APOLOGIES: Apologies were received from Crs Edwards and Lulich.
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 W Moore, Divisional Manager, Strategy and Planning (part meeting)
Mr A Cumming, Divisional Manager, Environmental Policy (part meeting)
Mr B Hodgins, Strategic Advisor, City and Community Services/Electoral Officer (part meeting)
Mr B Cato, General Counsel (part meeting)
Ms C Allan, Neighbourhood Precinct Place Maker (part meeting)
Ms L Dalby, Senior Communications Advisor (part meeting)
Ms K Stannard, Divisional Manager, Democratic Services
Ms J Randall, Committee Advisor
PUBLIC BUSINESS
1. APOLOGIES
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Resolved: (Acting Mayor Bassett/Cr Barratt) Minute No. C 18401 “That the apologies received from Crs Edwards and Lulich be accepted and leave of absence be granted and the apology for lateness from Cr Barry be accepted.” |
2. PUBLIC COMMENT
Comments are recorded under the item to which they relate.
Cr Barry joined the meeting at 6.20pm.
4. CONFLICT
OF INTEREST DECLARATIONS
Cr
Cousins declared a conflict of interest in relation to the Local Alcohol Policy
and the Final 2018-2021 Statement of Intent for Hutt City Community Facilities
Trust.
The Acting Mayor declared a conflict of interest in relation to the Final
2018-2021 Statement of Intent for Urban Plus Group.
5. Committee Reports with Recommended Items
a) Traffic Subcommittee
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Resolved (Cr Cousins/Acting Mayor Bassett) Minute No. C 18402 “That the report of the meeting held on 10 September 2018, with the exception of items 4i)- 4xviii), be adopted.” |
Recommended Items
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Item 4i) |
Block Road - No Stopping At All Times Restrictions (18/1115) |
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Resolved: (Cr Cousins/Acting Mayor Bassett) Minute No. C 18403 “That Council approves the installation of the proposed extension to the No Stopping At All Times Restrictions on Block Road, Melling as shown attached as Appendix 1 to Report TRS2018/4/224.” |
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Item 4ii) |
Jackson Street - Proposed No Stopping At All Times Restrictions (18/1213) |
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Resolved: (Cr Cousins/Acting Mayor Bassett) Minute No. C 18404 “That Council approves the installation of No Stopping At All Times restrictions on Jackson Street, Petone as shown attached as Appendix 1 to Report TRS2018/4/225.” |
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Item 4iii) |
Eldon Grove - Proposed No Stopping At All Times Restrictions (18/1218) |
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Resolved: (Cr Cousins/Acting Mayor Bassett) Minute No. C 18405 “That Council: (i) approves the installation of the proposed No Stopping At All Times and No Stopping Saturdays 7am to 4pm restrictions on Eldon Grove, Taita as shown attached as Appendix 2 to Report TRS2018/4/226; (ii) asks officers to continue to work on the bus parking issue on Eastern Hutt Road, Taita; and (iii) asks that officers review the parking situation in the area around Eldon Grove and Eastern Hutt Road, Taita at an appropriate time in order to assess whether any further changes may be needed.” |
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Item 4iv) |
Brookfield Lane - Proposed Give Way Control Crowther Road - Proposed Stop Control (18/1228) |
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Resolved: (Cr Cousins/Acting Mayor Bassett) Minute No. C 18406 “That Council: (i) approves the proposed Give-Way Control and associated signage at the intersection of Brookfield Lane and Moores Valley Road, Wainuiomata, as shown attached as Appendix 1 to Report TRS2018/4/227; and (ii) approves the proposed Stop Control and associated signage at the intersection of Crowther and Moores Valley Roads, Wainuiomata as shown attached as Appendix 2 to Report TRS2018/4/227.” |
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Item 4v) |
Bolton Street - Proposed Mobility Carpark Relocation (18/1300) |
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Resolved: (Cr Cousins/Acting Mayor Bassett) Minute No. C 18407 “That Council approves the relocation of the existing mobility carpark from Jackson Street to Bolton Street, Petone as shown attached as Appendix 1 to Report TRS2018/4/228.” |
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Item 4vi) |
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Resolved: (Cr Cousins/Acting Mayor Bassett) Minute No. C 18408 “That Council approves the installation of a Mobility Carpark on Mabey Road, Avalon as shown attached as Appendix 1 to Report TRS2018/4/229.” |
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Item 4vii) |
Hathaway Avenue and Troon Crescent - Proposed Stop Controls (18/1320) |
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Resolved: (Cr Cousins/Acting Mayor Bassett) Minute No. C 18409 “That Council: (i) approves the installation of Stop controls at the intersections of Hathaway Avenue and Troon Crescent with Military Road, Boulcott shown attached as Appendix 1 to Report TRS2018/4/230; (ii) approves the installation of Stop controls at both ends of Fry Street where it intersects with Troon Crescent and Boulcott Street, Boulcott as shown attached as Appendix 2 to Report TRS2018/4/230; and (iii) asks officers to review adding a centreline on Hathaway Avenue near the junction into Troon Crescent, Boulcott.” |
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Item 4viii) |
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Resolved: (Cr Cousins/Acting Mayor Bassett) Minute No. C 18410 “That Council approves the installation of P30 parking restrictions over two existing car parks on The Esplanade, Petone as shown attached as Appendix 1 to Report TRS2018/4/231.” |
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Item 4ix) |
Rodney Street - Proposed P120 Parking Restrictions (18/1345) |
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Resolved: (Cr Cousins/Acting Mayor Bassett) Minute No. C 18411 “That Council approves the installation of No Stopping At All Times restrictions, L and T bar parking markings and P120 parking restrictions on Rodney Street, Waiwhetu as shown attached as Appendix 1 to Report TRS2018/4/232.” |
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Item 4x) |
High Street - Proposed No Stopping At All Times Parking Restrictions (18/1346) |
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Resolved: (Cr Cousins/Acting Mayor Bassett) Minute No. C 18412 “That Council approves the installation of No Stopping At All Times Restrictions on High Street, Avalon as shown attached as Appendix 1 to Report TRS2018/4/233.” |
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Item 4xi) |
Kings Crescent - Proposed No Stopping At All Times Restrictions (18/1347) |
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Resolved: (Cr Cousins/Acting Mayor Bassett) Minute No. C 18413 “That Council approves the installation of No Stopping At All Times restrictions on Kings Crescent, Lower Hutt as shown attached as Appendix 1 to Report TRS2018/4/234.” |
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Item 4xii) |
Whiteman Grove - Proposed No Stopping At All Times Parking Restrictions (18/1349) |
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Resolved: (Cr Cousins/Acting Mayor Bassett) Minute No. C 18414 “That Council approves the installation of No Stopping At All Times restrictions on Whiteman Grove, Taita as shown attached as Appendix 1 to Report TRS2018/4/235.”
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Item 4xiii) |
Witako Street - Proposed No Stopping At All Times Restrictions (18/1356) |
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Resolved: (Cr Cousins/Acting Mayor Bassett) Minute No. C 18415 “That Council approves the installation of No Stopping At All Times Restrictions, and L and T bar parking markings on Witako Street, Epuni as shown attached as Appendix 1 to Report TRS2018/4/236.” |
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Item 4xiv) |
Marsden Street - Proposed No Stopping At All Times Restrictions (18/1357) |
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Resolved: (Cr Cousins/Acting Mayor Bassett) Minute No. C 18416 “That Council approves the installation of No Stopping At All Times Restrictions on Marsden Street, Melling as shown attached as Appendix 1 to Report TRS2018/4/237.” |
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Item 4xv) |
Oakleigh Street - Proposed P30 Parking Restrictions (18/1358) |
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Resolved: (Cr Cousins/Acting Mayor Bassett) Minute No. C 18417 “That Council approves the installation of P30 Parking Restrictions on Oakleigh Street, Maungaraki as shown attached as Appendix 1 to Report TRS2018/4/238.” |
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Item 4xvi) |
Eastern Hutt Road - Proposed No Stopping on the Grass Restrictions (18/1359) |
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Resolved: (Cr Cousins/Acting Mayor Bassett) Minute No. C 18418 “That Council approves the installation of No Parking on the Grass restrictions on Eastern Hutt Road, Taita as shown attached as Appendices 1-6 to Report TRS2018/4/239.” |
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Item 4xvii) |
Cambridge Terrace - Proposed P120 Parking Restrictions (18/1396) |
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Resolved: (Cr Cousins/Acting Mayor Bassett) Minute No. C 18419 “That Council approves the installation of No Stopping at all Times restrictions, P120 parking restrictions and parking bay markings on Cambridge Terrace, Waiwhetu as shown attached as Appendix 1 to Report TRS2018/4/240.” |
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Item 4xviii) |
Belmont School - Proposed Mobility and No Parking on Grass Restrictions (18/1397) |
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Resolved: (Cr Cousins/Acting Mayor Bassett) Minute No. C 18420 “That Council approves the following outside Belmont School: (a) the proposed Mobility car park, as shown attached as Appendix 1 to Report TRS2018/4/241; (b) the proposed No Parking On the Grass restrictions, as shown attached as Appendix 1 to Report TRS2018/4/241; (c) the proposed No Stopping At All Times restrictions, as shown attached as Appendix 1 to Report TRS2018/4/241; and (d) the existing No Stopping At All Times restrictions, as shown attached as Appendix 1 to Report TRS2018/4/241.” |
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Precedence of Business |
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Resolved: (Acting Mayor Bassett/Cr Cousins) Minute No. C 18421 “That, in terms of Standing Order 10.4, precedence be accorded to item 5(c) dealing with the Representation Review and item 6(a) dealing with the Final 2018-2021 Statement of Intent for Urban Plus Group.” These items are recorded in the order in which they are listed on the order paper. |
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b) District Plan Committee
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Resolved: (Cr Bridson/Cr Cousins) Minute No. C 18422 “That the report of the meeting held on 19 September 2018, with the exception of item 4, be adopted.” |
Recommended Item
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Item 4 |
Proposed District Plan Change 52: Alignment of District Plan with New Zealand Heritage List (18/1429) |
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Cr Bridson advised that property owners would have time to
make submissions on proposed Plan Change 52 once the matter was opened for
consultation. |
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Resolved: (Cr Bridson/Cr Lewis) Minute No. C 18423 “That Council: (i) notes the Proposed Plan Change attached as Appendix 1 to Report DPC2018/4/221; (ii) resolves to promulgate the Proposed Plan Change for consultation; (iii) instructs officers to publicly notify the Proposed Plan Change 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.” |
c) Policy and Regulatory Committee
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Resolved: (Cr Cousins/Acting Mayor Bassett) Minute No. C 18424 “That the report of the meeting held on 24 September 2018, with the exception of items 5i)-5x), be adopted.”
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Recommended Items
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Item 5i) |
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Speaking under public comment, Mr D Wilshere advised the current ward system had remained essentially unchanged since 1989. He considered subsequent reviews had not recognised available potential. He noted the recommendations from the Policy and Regulatory Committee supported the status quo. He added this was despite a thorough analysis and alternative options from officers, with public submissions in support of change. He proposed that possibilities be developed and discussed. He suggested Council use independently chaired community workshops.
In response to a question from a member, Mr Wilshere believed the recommendations from the Policy and Regulatory Committee had been deficient. He said change was essential. He considered an independent process was needed with involvement from communities for strong resilient future communities.
Speaking under public comment, Mr M Young expressed disappointment with the recommendations from the Policy and Regulatory Committee. He believed the conflicts of interest of members had in relation to the representation review had been reflected in their voting. He said he had lost faith in Council’s ability to make good decisions. He noted the Local Government Commission had commented at a previous review that Councils needed to be more attentive to their communities’ interests.
Speaking under public comment, Mr R Sinnott, Chair of the Wainuiomata Community Board, noted that although views on the Representation Review supported change, Council was not recommending anything new. He urged members to listen to their communities. Mayor Wallace joined the meeting via Skype at 6.55pm. In response to a question from the Chair, Cr McDonald advised that she had not attended the Policy and Regulatory Committee but had read all the documentation relating to the meeting including the submissions. She also advised that she reviewed the livestream of the Policy and Regulatory Committee meeting. The Acting Mayor advised of the importance for members to consider the submissions and either reject or accept them and the reasons why. He noted it would be a long exercise and asked for patience while undertaking the exercise. He elaborated on the recommendations from the Policy and Regulatory Committee. The Acting Mayor asked officers to hand out a run sheet to the members to assist focus on the debate on the suggested motions. He thanked officers for drafting the run sheet which outlined the issues and the contents raised in the hearings. He asked members, when considering the reasons for its decisions, they gave due consideration to identification of communities of interest, basis of election, provision of fair and effective representation for electors and communities of interest. In response to a question from a member, Cr Cousins, as Chair of the Policy and Regulatory Committee, advised that drafting recommendations at the Policy and Regulatory Committee stage of the process might have been viewed as pre-determination. She stated that there was a clear distinction between the RMA process and the special consultative procedure. In response to a question from a member, the General Counsel advised there was no process set out under the legislation in terms of the representation review. He noted that it was about making certain that Council had met its statutory requirements. He advised that he had no issue with the process being conducted by Council. He considered the run sheet would be helpful for refreshing members’ memories when discussing individual submission points. He noted that the suggested recommendations put forward by the Acting Mayor could potentially be changed by agreement after discussion of the submission points. Step One - The way the Mayor is elected In response to a question from a member, the Electoral Officer confirmed the Local Electoral Act 2001 requirements for electing a Mayor were for the Mayor to be elected by the electors as a whole. RESOLVED: (Acting Mayor Bassett/Cr Cousins) Minute No. C 18425
“That Council agrees to retain the initial proposal that the Mayor be elected at large for Hutt City’s 2019 local authority elections and rejects the submission that there be no election for the Mayor for the following reasons:
(a) that changing the way the Mayor is elected was not supported in any of the surveys carried out prior to and during public consultation on Council’s initial proposal for representation arrangements and no other submission supported this change; and
(b) that Council does not believe it can legally change the way the Mayor is elected under the Local Electoral Act 2001.” Step Two - The way Council is elected Cr Barry raised a point of order regarding the process for working through the run sheet. He expressed concern with the process of voting on recommendations prepared prior to the meeting. The Acting Mayor ruled against the point of order. Cr Bridson considered there were advantages to both ward and at large systems. Nevertheless she considered wards did not assist with diversity or community involvement. She noted that survey responses had asked for change. She advised she would be voting against the motion. Cr Briggs agreed change was wanted by the majority of residents. He believed the recommendations from the Policy and Regulatory Committee did not reflect the work done by officers and external consultants. He considered members were looking inward by voting for status quo. He concluded by stating that young people had lost faith in members as representatives of the City. Cr Milne suggested the small number of submissions did not provide incentive for change. He noted the Public Voice residents’ survey showed a balanced mix of views with a range of reasons. He said it would be a blot on democracy to place weight on such a small number of submissions. Cr Cousins suggested that diversity was not enhanced by an at large system due to the costs of standing for election. Cr Barratt reported on comments from residents that commended Council’s leadership and the changes around the City. She advised residents had said they preferred voting for locals who knew about local issues. Cr Barry referred to the survey where the majority of residents had asked for change. He reinforced support of the majority opinion whatever that happened to be. He considered it a blot on democracy that other members did not take this approach. He believed the process of using the run sheet to make a decision was simply a way to justify the majority opinion already held by members. He considered the process being undertaken by Council was a sham. He did not believe it would provide a fair result. The Acting Mayor objected strongly to the process being considered a sham. He spoke in support of the consultation process and considered the process as being balanced and fair. He was confident it had not been compromised by bias or self-interest. RESOLVED: (BY DIVISION) (Acting Mayor
Bassett/Cr Sutton)
“That Council retains the initial proposal that Council is elected by ward with two Councillors for each ward and rejects the submissions that Council elections be held at large or a mix of ward and at large or that Councillor numbers change for the following reasons:
(a)
the number of respondents to surveys
carried out before and after Council’s draft initial proposal was
publicly notified who wished to remain with the status quo and those wanting
change were relatively even[1].
Totally at large elections however were not favoured by respondents; (b) that it is Council’s view, based on the survey results, that the current wards accurately represent the communities of interest existing in Lower Hutt;
(c) those respondents wanting change were more likely to support a mixed approach (at large and ward) with a number of submitters commenting that they wished to retain at least one ward Councillor as they viewed ward representation as critical to protecting their interests. Council views this as support for continuing with ward based elections;
(d) it is important that there are a range of views at Council, that the City was well represented and that communities were engaged in the process. A ward system provides all these facets whereas an at large system risked having some areas of the City unrepresented;
(e) the ward system gives people a chance to stand for their community; and
(f) Councillors had a greater degree of accountability if elected at ward level.” [1] July 2018 Citizen's Panel survey on options 47% status quo (wards); 41% mix of at large and wards; 8% at large only; 4% don’t know. Peter Glen Research Ltd July 2018 survey – 55% status quo; 29% mixed at large and wards; 9% at large only; 7% don’t know The motion was declared carried by division with the voting as follows:
Step Three - Community Boards established across the City In response to a question from a member, the General Counsel confirmed the run sheet was prepared simply as a guide to assist members to make decisions. He reminded members the recommendations came from the Policy and Regulatory Committee. He suggested they took the opportunity to formulate their own decisions based on their own reasoning. Cr Bridson expressed support for the submissions requesting Community Boards across the City. She added that the run sheet was difficult to digest during the meeting. She suggested that access to it and the Acting Mayor’s recommendations before the meeting would have assisted members. Cr Briggs said the community was clear it wanted Community Boards across the City. He acknowledged the cost but considered good representation to be the highest priority. Mayor Wallace left the meeting at 7.41pm. Cr Sutton considered Community Panels had not yet had the opportunity to demonstrate their worth. She highlighted their funding of local projects as a significant advantage for communities. Cr Lewis noted submissions had been received for Community Boards across the City but there were no submissions in support of Community Panels. Cr Cousins noted a preference for Community Boards was not reflected in the Public Voice survey. Cr Milne envisaged most locals would support Community Panels. He suggested the resources they brought to their communities carried more benefits than the resources for Community Board salaries. Cr Bridson said it was up to Council to decide on the level of power and responsibility given to Community Boards and Community Panels. She did not believe the decision should be based on resources. In response to a question from a member, the Acting Mayor advised that the representation review recommendations had been discussed with other people. He highlighted that every Councillor had the right to talk to people about the preparation of any recommendations put forward at meetings. Cr Barry advocated for more delegations and funding for Community Boards so that more grass roots decisions could be made. The Acting Mayor said he did not have an issue with existing Community Boards but believed that areas that wanted Community Boards should pay for them. RESOLVED: (BY DIVISION) (Acting Mayor
Bassett/Cr Cousins) “That Council retains the initial proposal for second tier representation and rejects the submissions that Community Boards be established across the City for the following reasons: (a) only one of the surveys (by Peter Glen Research Ltd) undertaken after Council’s draft initial proposal was publicly notified showed a majority of support for Community Boards across the City. The other survey (Citizen's Panel) showed a preference for the status quo – a mix of Community Boards and Community Panels; (b) Council is of the view that the governance of a City of Lower Hutt’s size does not require 54 elected members (41 Community Board members assuming there are six Community Boards with six elected members and one Community Board with five elected members excluding appointed Councillors, 12 Councillors and one Mayor) to govern the city and to ensure that all communities are able to engage in the democratic processes of local government; and (c) The cost of supporting this number of elected members would place an unnecessary extra cost on rate payers and increase the size of the bureaucracy without providing any tangible benefit.”
Step 4 - Merger of Petone and Eastbourne Community Boards Cr Milne believed the separate Petone and Eastbourne Community Boards for the Harbour Ward created clear inequity. He accepted that submitters did not support change and advised he would abstain from voting on the matter. Cr Barry expressed frustration that the run sheet being put forward by the Acting Mayor was not made available earlier to members. In response to questions from a member, the General Counsel advised the ideal scenario would be for members to take account of submissions and formulate a motion or proposal based on that account. He noted that during the course of the item, members needed to accept submissions and make changes with reasons or reject submissions with reasons. He highlighted that leading up to the meeting, officers considered how best to assist members with the process at the meeting. He advised that the Policy and Regulatory Committee had not given reasons which would leave Council in a vacuum with Council potentially not providing reasons for its decisions. He advised that officers assisted the Acting Mayor by including the recommendations from the Policy and Regulatory Committee to give members a starting point. He advised that the Acting Mayor expanded on this approach to ensure validity. The Chief Executive stated that it was highly regular and very common for officers to assist the Mayor and Chairs of Committees with potential recommendations and running of the meetings. He considered that the process being undertaken at the meeting was not anything different. Cr Barry left the meeting at 8.09pm. Cr Lewis expressed support for the motion. She noted the submissions from both the Petone and Eastbourne Community Boards supported it. The Acting Mayor asked officers to distribute copies of the proposed recommendations for each of the steps. RESOLVED: (BY SHOW OF HANDS) (Acting Mayor
Bassett/Cr Cousins) “That Council retains the initial proposal for second tier representation and rejects the submission to merge the Petone and Eastbourne Community Boards for the following reasons:
(a) that the surveys carried out prior the Council’s draft initial proposal being publicly notified did not show any support for a proposal that the two Community Boards be amalgamated; and
(b) other submitters did not support the proposal that the two Community Boards be amalgamated.”
The Acting Mayor declared the motion CARRIED on a show of hands with six voting for and one voting against. Crs Milne and Briggs abstained from voting on the matter. The meeting adjourned at 8.15pm and reconvened at 8.23pm. Step Five - Remaining with present arrangements for Community Boards RESOLVED: (BY SHOW OF HANDS) (Acting Mayor
Bassett/Cr Barratt) “That Council retains the initial proposal and that the present arrangements for Community Boards are retained and rejects the submission that present arrangements remain with the three existing Community Boards for the reason that the surveys carried out prior to the Council’s draft initial proposal being publicly notified and the survey carried out during public consultation supported the status quo for second tier representation.” Acting Mayor Bassett declared the motion CARRIED on a show of hands with nine votes in favour and no votes against. Step Six - Review of Community Boards The General Counsel advised it was not lawful to undertake a second tier review without undertaking a full representation review. He further advised if members required a review in 2021 they would need to undertake a full representation review. In response to a question from a member, the General Counsel advised that passing a resolution on this item would not bind any subsequent Council. Cr Briggs suggested a full review be undertaken in 2021. He believed it was an opportunity for Council to make good decisions and increase participation levels. Cr Cousins considered Community Boards would defend the status quo whether the review was done in 2021 or later. She believed issues of equality were at stake with over representation in the Harbour Ward. She added that Community Panels needed to be given an opportunity to show their worth in the interests of equality and fairness. RESOLVED: (Acting Mayor Bassett/Cr Milne) Minute No. C 18430
“That Council:
(i) notes the officer’s advice is that a review of second tier cannot occur without a full representation review; and
(ii) notes that should it wish to undertake such a review in 2021 it should request a full report on this option including costs.” Step Seven Cr Bridson clarified her comment in the Policy and Regulatory Committee minutes dated 24 September 2018 that “some of the residents in that area [Baring Head] related to Wainuiomata and not to Eastbourne.” She explained she did not know which area they connected with and believed Council needed to find that out before decisions were made on behalf of the residents. Cr Briggs agreed consultation with Baring Head residents needed to happen near the beginning of the process to provide them with the opportunity to have their say. In response to a question from a member, the Electoral Officer advised that boundary changes would ideally be prepared to coincide with representation reviews. RESOLVED: (Deputy Mayor Bassett/Cr McDonald) Minute No. C 18431 “That Council retains the initial proposal and that the present arrangements for the Pencarrow area unit are retained and rejects the submission that the western side of the ridge out to Baring Head should be included in the Harbour Ward for the reason that there has not been adequate consultation to determine whether changing the boundary at Baring Head would be supported by those affected.”
Step Eight Cr Briggs expressed hope that communities would continue to engage with Council despite not being listened to. Cr Barratt expressed certainty that members had acted in the best interests of their communities and for the whole of Lower Hutt in making decisions on representation. RESOLVED: (Acting Mayor Bassett/Cr Barratt) Minute No. C 18432 “That Council retains the initial proposal and that the present representation arrangements are retained for the reason that the submission supports retaining the status quo.” |
Cr Barry re-joined the meeting at 8.47pm.
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Item 5ii) |
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Speaking under public comment, Ms H Swales, representing the Jackson Street Programme, expressed concern there was no reference or recommendation about buildings included in the definition of heritage. She congratulated Council for reviewing the Heritage Policy (the policy) but did not believe the wording was inclusive enough.
In response to questions from members, Ms Swales confirmed she had understood the wording of the definition was preliminary but she would have preferred it to specifically mention buildings. She said she looked forward to being involved in the consultation. Cr Cousins reminded members the definition could be altered to ensure it was congruent with the policy. She further reminded members the policy was for the whole City, not just for Petone. In response to a question from a member, Cr Bridson agreed the Strategy Heritage Working Group would review the definition. Cr Lewis noted the 2008 Heritage Policy contained a definition that would be a good starting point for the Strategy Heritage Working Group review. |
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Resolved: (Acting Mayor Bassett/Cr Sutton) Minute No. C 18433 “That Council: (i) agrees to the proposed preliminary definition of heritage as follows: “Heritage is the full range of our inherited traditions, monuments, art, objects, and culture. Most important, it is the range of contemporary activities, meanings, and behaviours that we draw from that heritage. Heritage includes, but is more than preserving, excavating, displaying, or restoring a collection of old things. It is both tangible and intangible, in the sense that ideas and memories--of songs, recipes, language, dances, and many other elements of who we are and how we identify ourselves--are as important as historical buildings and archaeological sites. Heritage is, or should be, the subject of active public reflection, debate, and discussion. What is worth saving? What can we, or should we, forget? What memories can we enjoy, regret, or learn from? Who owns "The Past" and who is entitled to speak for past generations? Active public discussion about material and intangible heritage--of individuals, groups, communities, and nations--is a valuable facet of public life”; (ii) approves the draft Terms of Reference for the Heritage Policy review, as attached as Appendix 1 to Report PRC2018/4/247 with the following amendment: that Council establishes a Strategic Heritage Working Group comprising of Cr Cousins (Chair), Cr Edwards and Cr Lewis; and
(iii) asks the Strategic Heritage Working Group to look at the definition of heritage.” |
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Item 5iii) |
Purchase and Sale of Property for Advancing Strategic Projects - Updated Policy (18/1420) |
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Resolved: (Cr Cousins/Cr Sutton) Minute No. C 18434 “That Council approves the updated Policy on Purchase and Sale of Property for Advancing Strategic Projects subject to an amendment to include the risk of ‘not being able to exit the property at an acceptable price’.” |
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Item 5iv) |
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Resolved: (Cr Cousins/Cr Barratt) Minute No. C 18435 “That Council agrees to an easement over the reserve property at 52N Stanley Street, Wainuiomata being Lot 2, DP 53598, in favour of the property at 46A Stanley Street for the rights to drain water and sewage.” |
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Item 5v) |
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Resolved: (Cr Cousins/Cr Sutton) Minute No. C 18436 “That Council: (i) notes that the owners of 57 Wellington Road have approached Council to acquire the drainage reserve adjacent to their property; (ii) notes that Council has previously agreed to similar proposals earlier this year in Wellington Road and Moohan Street; and (iii) agrees to sell the piece of drainage reserve, as shown in the plan, attached as Appendix 1 to Report P&R2018/4/244, being part of Lot 98 DP14784, subject to the creation of an appropriate drainage easement in favour of Council.” |
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Item 5vi) |
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Resolved: (Cr Cousins/Cr Sutton) Minute No. C 18437 “That Council: (i) agrees to stop unformed legal road adjacent to the Wainuiomata Hill Road, identified on the plan attached as Appendix 1 to Report P&R2018/4/245, as SO 25314 shaded orange and the additional triangular section shaded green; (ii) agrees that once the legal road is stopped that the new property be declared and classified as scenic reserve; and (iii) agrees to declare as legal road the triangular section of scenic reserve shown on the plan, attached as Appendix 1 to Report P&R2018/4/245, shaded blue.” |
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Item 5vii) |
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In response to a question from a member, the Strategic Advisor, City and Community Services advised that the Wainuiomata Marae Maori Reservation was currently non-rateable as determined by paragraph 12 of the first schedule to the Local Government Rating Act 2002. This was due to it being a Maori Reservation established under section 340 of the Te Ture Whenua Maori Act 1993.
He confirmed that for housing to be built on the site, the Marae Charitable Trust (the Trust) would need to go back to the Maori Land Court to amend the Trust’s Charter. Cr Milne suggested the land could be leased to the Trust once the reserve status was revoked. He said the land would then revert back to Council once it ceased to be used for the purposes of the lease. In response to a question from members, the Strategic Advisor, City and Community Services said revoking the reserve status would still allow flexibility of options. He advised a proposal could be developed with the trustees to provide the public with information during the revocation consultation with regard to the proposed development. |
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Resolved: (Cr Cousins/Cr Briggs) Minute No. C 18438 “That Council: (i) notes that the Wainuiomata Marae Trust is considering a proposal with Housing New Zealand for Papakāinga housing on part of the land that it manages in trust which is adjacent to the Marae; (ii) notes that the Trust wishes to discuss with Council the future of the local purpose reserve on Parkway in regard to enabling a cohesive development for all of the land surrounding the Marae; (iii) agrees to consider options for the Council reserve land including the possibility of revoking the reserve status and vesting it in the Wainuiomata Marae Trust in terms of the Te Ture Whenua Maori Act 1993; (iv) directs officers to publicly notify a proposal to revoke the reserve status of the local purpose reserve situated at 9 Wellington Road, for the purpose of adding this land to the existing area of the Maori reservation under the control of the Wainuiomata Marae Trust; and (v) notes agreement to transfer the property to Maori Reserve would be subject to any residential development being able to be rated.” |
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Item 5viii) |
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Cr Cousins declared a conflict of interest in the item and took no part in discussion or voting on the matter. |
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Resolved: (Acting Mayor Bassett/Cr Barratt) Minute No. C 18439 “That Council: (i) notes that the appeals on the amendment to the Hutt City Local Alcohol Policy (LAP) have been settled and the Alcohol Regulatory and Licensing Authority (ARLA) notified Council that the appeals are at an end on 7 August 2018; (ii) notes that, pursuant to section 87(1) of the Sale and Supply of Alcohol Act 2012 (SASA), this means the amendment to the LAP was adopted 30 days after Council publicly notified it on 29 August 2017, being 28 September 2017; (iii) instructs officers to give the required further public notice that the amendment to the LAP has been adopted under section 90(1) of the SASA, in the form required by clause 19 of the Sale and Supply of Alcohol Regulations 2013; (iv) resolves that the amendment to the LAP attached as Appendix 1 to Report P&R2018/4/253, will come into force: (a) for the amendments to element 1.2, on 19 October 2018; (b) for the amendments to element 1.1, on 25 January 2019; and (v) instructs officers to carry out all other matters required by the SASA and associated regulations, including notifying affected parties under s90(5) of the Act, giving ARLA a copy of the amended LAP under s91(2) of the Act and ensuring the amendment LAP is published and displayed in accordance with clause 20 of the Sale and Supply of Alcohol Regulations 2013.” |
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Item 5ix) |
Smoke-free Policy - Report Back on Smokefree Areas (18/1426) |
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Speaking under public comment, Mr R Sinnott, Chair of the Wainuiomata Community Board, thanked Healthy Families for its work on smokefree areas in Wainuiomata. He said he looked forward to the continued engagement with the Wainuiomata community to promote awareness of smokefree areas in the community. Cr Briggs expressed support for the comments made by the public speaker. He noted the focus of Healthy Families had moved to other parts of the City and hoped they would be able to continue to provide support for the Wainuiomata area. |
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Resolved: (Cr Cousins/Cr Bridson) Minute No. C 18440 “That Council: (i) notes the report on the second 12 months of implementing the Smokefree Lower Hutt Action Plan 2016-19; (ii) approves the recommendation of the Wainuiomata Community Board to designate the area of Queen Street as a smokefree area as outlined in yellow in the map attached as Appendix 2 to Report PRC2018/4/248; (iii) notes that officers will continue to explore designating areas in suburban shopping centres as smokefree; (iv) in 2018, officers are exploring the following areas: the CBD, Jackson Street, Taita, Naenae and Moera; and (v) notes that officers will report back to Council with recommendations in relation to these areas.” |
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Item 5x) |
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Resolved: (Cr Cousins/Cr Sutton) Minute No. C 18441 “That Council approves a temporary Alcohol Free Zone and relevant temporary signage along the Days Bay Beach between 12:00 midday and 9pm on 21 January 2019, for the area marked yellow on the map attached as Appendix 2 to Report PRC2018/4/249.” |
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d) City Development Committee
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Resolved: (Acting Mayor Bassett/Cr Sutton) Minute No. C 18442 “That the report of the meeting held on 25 September 2018, with the exception of item 4, be adopted.”
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Recommended Item
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Item 4 |
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The Strategic Advisor, City and Community Services elaborated on the budget changes. |
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Resolved: (Acting Mayor Bassett/Cr Sutton) Minute No. C 18443 “That Council: (i) notes the information contained in the report; and (ii) refers to the Community Plan Committee for consideration of recommended budget changes to ensure Petone Wharf is adequately maintained up until its refurbishment in 2032.”
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e) Finance and Performance Committee
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Resolved: (Cr Milne/Cr Sutton) Minute No. C 18444 “That the report of the meeting held on 26 September 2018, with the exception of items 4i)-4ii), be adopted.” |
Recommended Items
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Item 4i) |
Final 2018-2021 Statement of Intent
for |
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Cr Cousins declared a conflict of interest in the item and took no part in discussion or voting on the matter. |
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Resolved: (Cr Milne/Cr Briggs) Minute No. C 18445 “That Council: (i) receives and agrees to the final Statement of Intent for Hutt City Community Facilities Trust for the three year period commencing 1 July 2018, attached as Appendix 1 to Report FPC2018/4/256; and (ii) requests that Hutt City Community Facilities Trust review its additional involvement with Hutt Valley Tennis and if necessary bring an amended Statement of Intent back to Council.” |
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Item 4ii) |
Final 2018-2021 Statement of Intent for Seaview Marina Limited (18/1488) |
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Resolved: (Cr Milne/Cr Briggs) Minute No. C 18446 “That Council receives and agrees to the final Statement of Intent for Seaview Marina Limited for the three year period commencing 1 July 2018, attached as Appendix 1 to Report FPC2018/4/257.” |
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Resolved: (Acting Mayor Bassett/Cr Cousins) Minute No. C 18447 “That the public be excluded from the following
parts of the proceedings of this meeting, namely: Chief Executive's Employment Subcommittee i) 20 August 2018 ii) 1 October 2018 The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:
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Resolved: (Acting Mayor Bassett/Cr Cousins) Minute No. C 18448 “That representatives from the recruitment agency be permitted to remain after the public during consideration of the item “Presentation by Recruitment Agency” as they have knowledge of the matter to be discussed that will assist Council in relation to this item.” |
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The public part of the meeting adjourned at 8.54pm and reconvened at 9.08pm.
6. Miscellaneous
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Final 2018-2021 Statement of Intent for Urban Plus Group (18/1552) Memorandum dated 28 September 2018 by the Divisional Manager, Democratic Services |
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The Acting Mayor declared a conflict of interest and left the meeting. Cr Cousins assumed the Chair. The Chair clarified that the Acting Mayor’s recommendation on the Order Paper was from herself as Chair of the Policy and Regulatory Committee, not from the Acting Mayor. In response to questions from a member, the General Manager, Corporate Services advised all content in the Statement of Intent (SOI) needed to be endorsed, including performance targets. He further advised a gearing ratio under 50 percent was satisfactory but needed to be benchmarked against the ability to service loans. He noted Urban Plus Ltd (UPL) did that more than adequately. He cautioned the return on investment could create pressure as the market changed but explained protections were in place on proposed developments. These included delaying development or stopping the process based on staged sales if the market demand dropped. Cr Bridson noted UPL did not always maintain a social lens when making decisions. She asked that UPL set an example by fixing an upper level of rental charge and taking the lead in urban design. The Chair asked that the points made by Cr Bridson be recorded so that UPL could discuss them at the appropriate time. Cr Briggs expressed concern with the motion. He agreed with Cr Bridson’s comments regarding the social and beautification needs of the City. Cr Barry considered the UPL’s SOI needed to change. He reminded members that his opinion on the matter had remained unchanged since he asked for UPL criteria to be amended earlier in the year. Cr Milne noted the UPL’s SOI had been referred back to UPL by Council in March with no recommended changes. He stressed that UPL was reliant on its SOI. He considered that if there were concerns with the SOI, it was appropriate that UPL’s employees, Board members and Council representatives on the Board were treated with respect when dealing with the concerns. |
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Resolved: (Cr Cousins/Cr Milne) Minute No. C 18449 “That Council:
(i) receives the final Statement of Intent for Urban Plus Group for the three year period commencing 1 July 2018 attached as Appendix 2 to the report; and
(ii) agrees to the final Statement of Intent for Urban Plus Group for the three year period commencing 1 July 2018.” |
The Acting Mayor resumed the Chair.
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b) |
Reserve Revocation of Naenae Library Property and Adjacent Proposed Road Stopping (18/1542) Report No. HCC2018/4/286 by the Strategic Advisor, City and Community Services |
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The Strategic Advisor, City and Community Services elaborated on the report. Cr Bridson expressed support for the motion. She noted that she had discussed the revocation with members of the local community. She said they understood revocation was needed before any decisions could be made. She emphasised the importance of engaging with the commuity to ensure they supported whatever land use was proposed. |
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Resolved: (Cr Bridson/Cr McDonald) Minute No. C 18450 “That Council: (i) notes that there were no submissions or objections to the proposal to revoke the reserve status of the Naenae Library property; (ii) confirms the proposal to revoke the reserve status of the Naenae Library property, being Section 673 Hutt District on Certificate of Title WN9B/1493; and (iii) instructs officers to initiate a proposal to stop legal road adjacent to the Naenae Library property as roughly shown shaded blue in the plan attached as Appendix 1.” |
For the reasons that the Naenae Library property will not be required for library or other community or recreational purposes once the new community hub is built; on Walter Mildenhall Park; and being located within the Suburban Commercial Activity Area of the District Plan, the property would better serve Council purposes to be used for a commercial or residential purpose; and any value realised from the sale of the property could be used to partially offset the cost of the new community hub; and the area of road proposed to be stopped could be put to a better use and from a traffic management perspective an improved and safer intersection put in place.
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c) |
Schedule of Meetings for 2019 (18/1365) Report No. HCC2018/4/285 by the Committee Advisor |
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Resolved: (Acting Mayor Bassett/Cr Sutton) Minute No. C 18451 “That Council: (i) adopts the schedule of meetings in principle attached as Appendix 1 to the report, which provides for six weekly meeting cycles from January to October 2019, subject to approval by the community boards in respect of their meeting dates; (ii) agrees that the venue for the meetings of Council, its committees and subcommittees (other than the Community Services Committee and community boards), be the Council Chambers, Administration Building, 30 Laings Road, Lower Hutt; and (iii) delegates authority to the Chief Executive in consultation with the Mayor or committee/subcommittee Chair to alter the date, time or venue of a meeting, or cancel a meeting, should circumstances require this.” |
7. COUNCIL Minutes
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Resolved: (Acting Mayor Bassett/Cr Cousins) Minute No. C 18452 “That the minutes of the meeting of the Hutt City Council held on Tuesday, 24 July 2018, be confirmed as a true and correct record.” |
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Resolved: (Acting Mayor Bassett/Cr Cousins) Minute No. C 18453 “That the minutes of the meeting of the Hutt City Council held on Wednesday, 15 August 2018, be confirmed as a true and correct record.” |
8. Committee Reports without Recommended Items
a) Community Services Committee
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Resolved: (Cr Barratt/Cr Sutton) Minute No. C 18454 “That the report of the meeting held on 27 September 2018 be adopted.”
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b) Chief Executive's Employment Subcommittee
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Resolved: (Acting Mayor Bassett/Cr Cousins) Minute No. C 18455 “That the report of the meeting held on 20 August 2018 be adopted.”
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Resolved: (Acting Mayor Bassett/Cr Cousins) Minute No. C 18456 “That the report of the meeting held on 1 October 2018 be adopted.”
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9. QUESTIONS
There were no questions.
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10. |
Report No. HCC2018/4/14 by the Executive Assistant, Corporate Services |
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Resolved: (Acting Mayor Bassett/Cr Sutton) Minute No. C 18457 “That Council: (i) approves the affixing of the Common Seal to all relevant documents in connection with the items set out in Schedule 1 contained in the report; and (ii) approves the deeds executed under Power of Attorney set out in Schedule 2 contained in the report. SCHEDULE 1 - General Sealing Authority
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 a) Hutt
City Council and John Edward Studd, Vanessa Ashleigh Ewald and ARL b) Hutt
City Council and Muritai Project Limited Partnership c) Hutt
City Council and Hiroyuki Tanaka and Kristen Rose Finlayson d) Hutt
City Council and John Walsh and Mary Josephine Walsh e) Hutt
City Council and Michael John Brosnahan f) Subdivision
consent g) L18/188 Agreement for Sale and Purchase h) Hutt
City Council and Housing New Zealand Limited i) Hutt
City Council and Ian Frederick Andrews j) Hutt
City Council and Urban Plus Limited k) Hutt
City Council and UPL Limited Partnership l) Hutt
City Council and Urban Plus Limited m) Hutt
City Council and Mathew Stephen Ross Allen and Jessica Anne Wildbore n) Hutt
City Council and Cleon Margourite Ferreira-Craig, Lance John Henry Craig
(joint tenants) o) Hutt
City Council and Hemalkumar Rameschchandra Gandhi and Hemali Gandhi p) Hutt
City Council and Housing New Zealand Limited Partial Cancellation of Fencing Agreement q) Hutt
City Council and Brookside Estate LP Encumbrance r) Hutt
City Council and Garry Michael Peek, Jan Lynette Peek and Mark William Giddy s) Hutt
City Council and Lloyd Davies t) Hutt
City Council and IPOH New Zealand Limited Notice of Statutory Land Charge u) Hutt
City Council and Michael Derek Theobald Consent Form v) Hutt
City Council and Woolyarns Holdings Limited w) Hutt
City Council and Kaye Joanne Ronald Discharge Encumbrance x) Hutt
City Council and Deb Gilbertson No Complaints Covenant y) Hutt
City Council and The Avalon Tennis Club SCHEDULE 2 Lease of Reserve Land z) Hutt
City Council and Capital Model Racers Incorporated Deed of Sublease aa) Hutt
City Council and Hutt City Community Facilities Trust (Sublessor) and Hutt
City Council (in its capacity as Local Authority) (Sublessee) bb) Hutt
City Council and Hutt City Community Facilities Trust (Sublessor) and Naenae
Bowling Club Incorporate (Sublessee) Warrants Approved
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11. EXCLUSION OF THE PUBLIC
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Resolved: (Acting Mayor Bassett/Cr Sutton) Minute No. C 18458 “That the public be excluded from the following parts of the proceedings of this meeting, namely: 12. The Appointment of District Licensing Committee Members (18/1327) 14. Committee Report without Recommended Items Policy and Regulatory Committee – 24 September 2018 15. Council Minutes - 24 July 2018 and 15 August 2018 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.” |
D Bassett
ACTING MAYOR
CONFIRMED as a true and correct record
Dated this 11th day of December 2018