Minutes of an ordinary meeting of The Hutt City Council held in the Council Chambers, 2nd Floor, 30 Laings Road, Lower Hutt on
Tuesday 21 May 2019 commencing at 6.00pm
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PRESENT: |
Mayor WR Wallace (Chair) |
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Cr G Barratt |
Cr C Barry |
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Deputy Mayor D Bassett |
Cr L Bridson |
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Cr J Briggs |
Cr MJ Cousins |
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Cr S Edwards |
Cr T Lewis |
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Cr M Lulich |
Cr G McDonald |
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Cr C Milne |
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APOLOGIES: An apology was received from Cr L Sutton.
IN ATTENDANCE: Mr T Stallinger, Chief Executive (part meeting)
Mr L Allott, Chief Information Officer (part meeting)
Mr B Kibblewhite, General Manager, Corporate Services
Mr M Reid, General Manager, City and Community Services (part meeting)
Mr B Cato, General Counsel
Ms A Blackshaw (part meeting)
Ms H Stewart, Youth Council Facilitator (part meeting)
Mr A Cumming,
Divisional Manager, District Plan (part meeting)
Ms J Lawson, Reserves Assets Manager (part meeting)
Ms K Stannard, Divisional Manager, Democratic Services
Ms J Randall, Committee Advisor (part meeting)
PUBLIC BUSINESS
1. APOLOGIES
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Resolved: (Mayor Wallace/Deputy Mayor Bassett) Minute No. C 19201(2) “That the apology received from Cr L Sutton be accepted and leave of absence be granted.” |
2. PUBLIC COMMENT
Comments are recorded under the item to which they relate.
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3. |
Mayor Wallace read out the Mayoral Statement. He advised a workshop for Councillors on the ‘Let’s get Wellington Moving’ project was expected to be held in late June. Cr Lewis advised that Ms Cynthia Gee, daughter-in-law of former Mayor of Petone Mr George Gee, had recently passed away. Cr Lewis said Ms Gee and her family had managed three businesses on Jackson Street and Ms Gee had made an important contribution to Petone. Cr McDonald advised that her parents celebrated their 70th wedding anniversary. Cr Barratt expressed appreciation to organisers for the Symphony in the Hutt event that had been held at the Walter Nash Stadium on 17 May 2019. She noted it had been a wonderful evening with over 1,000 mostly local attendees who had attended at no cost. In response to a question from a member, Mayor Wallace confirmed the Melling Link would remain the highest priority for Council until it was constructed. |
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Resolved: (Mayor Wallace/Cr Milne) Minute No. C 19202(2) “That the Mayoral Statement be noted and received.” |
4. CONFLICT OF INTEREST DECLARATIONS
Cr Cousins declared a conflict of interest in the item ‘Proposed Alcohol Fees Bylaw’ and anything relating to the Hutt City Community Facilities Trust. She took no part in discussion or voting on these matters.
Cr Edwards declared a conflict of interest in the item ‘Proposed Alcohol Fees Bylaw’ and took no part in discussion or voting on the matter.
Deputy Mayor Bassett declared a conflict of interest in the item ‘Queens Grove – Proposed No Parking on the Grass restriction’and took no part in discussion or voting on the matter.
5. Committee Minutes with Recommended Items
a) Traffic Subcommittee
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Resolved: (Cr Cousins/Cr Edwards) Minute No. C 19203(2) “That the minutes of the meeting held on 15 April 2019, with the exception of items 4a)-4f), be adopted.”
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Recommended Items
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Item 4a) |
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Resolved: (Cr Cousins/Cr Edwards) Minute No. C 19204(2) “That Council endorses and promotes the petition attached as Appendix 1 to Report TRS2019/2/47 to introduce random roadside drug testing.” |
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Resolved: (Cr Cousins/Cr Edwards) Minute No. C 19205(2) “That Council: (i) asks the Strategic Leadership Team to consider the wider issue of petitions in Council facilities; and (ii) considers whether a policy on petitions is required and report back to the Policy and Regulatory Committee.” |
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Item 4b) |
Richmond Street - Proposed Mobility Parking Restrictions (19/313) |
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Resolved: (Cr Cousins/Cr Edwards) Minute No. C 19206(2) “That Council: (i) approves the installation of P60 parking restrictions, Monday to Friday, from 8:00am to 6:00pm, on Richmond Street, Petone, as shown attached as Appendix 1 to Report TRS2019/2/56; (ii) approves the installation of a Mobility car park restriction, as shown attached as Appendix 1 to Report TRS2019/2/56; and (iii) approves the L-bar parking markings, as shown attached as Appendix 1 to Report TRS2019/2/56.” |
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Item 4c) |
Gracefield Road - Proposed No Stopping At All Times Restrictions (19/314) |
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Resolved: (Cr Cousins/Cr Edwards) Minute No. C 19207(2) “That Council approves the installation of No Stopping At All Times parking restrictions on Gracefield Road, Petone, as shown attached as Appendix 1 to Report TRS2019/2/57.” |
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Item 4d) |
Queens Grove - Proposed No Parking on the Grass Restrictions (19/339) Deputy Mayor Bassett declared a conflict of interest in the item and took no part in discussion or voting on the matter. Cr Cousins noted enforcement officers had difficulty ascertaining who was responsible for damaged berms. She added it was a growing problem and needed to be looked at across the city. She suggested a report be provided for the incoming Council.
Cr Edwards suggested the investigation also consider whether cars might be allowed to partially park on footpaths, when not doing so would block the passage of vehicles.
Mayor Wallace agreed the matter of partial parking on footpaths was worth investigation. He noted narrow roads were a particular issue for those living on the hills.
In response to a question from a member, Mayor Wallace said he had recognised the issue of parking on berms might be wider than just Queens Grove and agreed the investigation should be extended to other areas. |
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Resolved: (Cr Cousins/Cr Edwards) Minute No. C 19208(2) “That Council agrees that the item be referred to the incoming Council to investigate the wider policy implications of no parking on the grass and parking partially over footpaths.” |
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Item 4e) |
Eastern Hutt Road - Proposed No Stopping At All Times Restrictions (19/359) |
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Resolved: (Cr Cousins/Cr Edwards) Minute No. C 19209(2) “That Council approves the installation of No Stopping At All Times restrictions on Eastern Hutt Road, Taita, as shown attached as Appendix 1 to Report TRS2019/2/59.” |
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Item 4f) |
Richmond Grove - Proposed No Stopping At All Times Restrictions (19/357) |
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Resolved: (Cr Cousins/Cr Edwards) Minute No. C 19210(2) “That Council approves the extension of the existing No Stopping At All Times parking restriction for a distance of 11 metres to the north of the existing restriction on Richmond Grove, Petone, as shown attached as Appendix 1 to Report TRS2019/2/60.” |
b) City Development Committee
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Resolved: (Deputy Mayor Bassett/Cr Lulich) Minute No. C 19211(2) “That the minutes of the meeting held on 30 April 2019, with the exception of item 5, be adopted.”
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Recommended Item
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Item 5. |
Recommendations from the District Plan Subcommittee on the District Plan Review (19/490) |
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Deputy Mayor Bassett elaborated on the recommendations. He advised Council’s District Plan underwent a regular rolling review. He noted some of the District Plan rules were no longer complementary and a full review was needed. He said this was likely to be a five year project. He recommended a Council workshop be held to provide a broader understanding of the ramifications of the review. He added that Council hoped to work with Upper Hutt City Council so that regional District Plans could better align.
In response to a question from a member, Mayor Wallace said discussions with Upper Hutt City Council had been informal. He noted the upcoming Mayoral Forum might be an opportunity to discuss the synergies and savings of a regional plan.
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Resolved: (Mayor Wallace/Cr Milne) Minute No. C 19212(2) “That Council: (i) agrees in principle to commence a comprehensive review of the City of Lower Hutt District Plan; (ii) asks officers to prepare a report outlining the rough terms of scope and in particular the financial resources known and required at this time for a District Plan review, to enable Council to incorporate it in its long term financial planning; (iii) asks officers to organise a two hour workshop to enable Councillors to become familiar and have a better understanding of the process of a District Plan review and the resources required, due to changes in legislation and the requirements on Council; (iv) asks the Mayor to enter into discussions with the Mayor of Upper Hutt City Council to investigate whether the District Plan review could be carried out as a joint project; (v) continues District Plan Changes that are underway until they are completed; (vi) carries over unspent funds from the District Plan budget 2018-19 into the District Plan budget 2019-20; and (vii) instructs officers to prepare a comprehensive report for the incoming Council on all issues and implications for the review.” |
c) Policy and Regulatory Committee
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Resolved: (Cr Cousins/Cr Edwards) Minute No. C 19213(2) “That the minutes of the meeting held on 29 April 2019, with the exception of items 4i)-4ii), be adopted.” |
Recommended Items
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Item 4i) |
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Councillors Cousins and Edwards declared a conflict of interest in the item and took no part in discussion or voting on the matter. |
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Resolved: (Mayor Wallace/Deputy Mayor
Bassett) “That Council: (i) notes a ‘pre-consultation’ process has been undertaken concerning the proposed Alcohol Fees Bylaw and a hearing of nine submissions was undertaken on 8 February 2019; (ii) notes that the Hearings Subcommittee has recommended that the Committee recommends to Council that the proposed bylaw should proceed to Council; (iii) agrees to consult on the Summary of Information, Statement of Proposal and Proposed Alcohol Fees Bylaw (a draft of which is set out respectively in Appendix 1, Appendix 2 and Appendix 3 attached to Report PRC2019/2/61 subject to legal confirmation and any changes requested by the Committee) in accordance with the requirements of the Local Government Act 2002 by means of a special consultative procedure; and (iv) agrees to continue with the existing subcommittee comprising of Deputy Mayor Bassett and Crs Sutton and Barratt to hear submissions on whether an Alcohol Fees Bylaw is needed and then make recommendations to Council.” For the reason that as a consequence of the Sale and Supply of Alcohol (Fees) Regulations 2013, The Sale and Supply of Alcohol (Fee-setting Bylaws) Order 2013 and the Local Government Act 2002 there is a requirement to undertake the special consultative procedure when proposing a new Bylaw. |
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Item 4ii) |
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Resolved: (Cr Cousins/Cr Briggs) Minute No. C 19215(2) “That Council: (i) notes the results of the Citizen's Panel heritage survey and community engagement; (ii) agrees to the following definition of heritage values as a starting point for consultation on a draft Heritage Policy: Heritage value means possessing historical, archaeological, architectural, technological, aesthetic, scientific, spiritual, social, traditional or other special cultural significance, associated with human activity. (1992 Charter for the Conservation of Places of Cultural Heritage Value);
(iii) agrees to the proposed approach to the development of the Heritage Policy which is that the draft heritage policy contain the following aspects: (a) clearly defines heritage and/or heritage values; (b) recognition and preservation of the importance of local stories and history, Council’s role in enabling this to happen; (c) recognition of mana whenua, their history, heritage and sites of significance. Intrinsic in this is the identification, management and conservation of significant Māori sites. All work must be completed with advice and direction from mana whenua; (d) recognition of important historical areas, buildings and sites of historical importance and Council’s role in protecting, maintaining and publicising these; (e) recognition of archaeological sites and Council’s role in protecting, maintaining and publicising these; (f) heritage collections of significance and how these are collected, stored and managed; (g) incentives focused on conserving built heritage and sites of historical importance; (h) residential heritage buildings of historical importance and financial incentives related to this; (i) Council’s relationship with Heritage New Zealand and other heritage specialists; and (j) public education about heritage in the city, the District Plan and the Resource Management Act; and (iv) notes that the incoming Council will need to be advised of any financial implications of the new Heritage Policy once it is agreed and will need to consider these in the 2020/2021 Annual Plan budget process.” For the reasons that are outlined in the report. |
d) Community Services Committee
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Resolved: (Cr Barratt/Cr McDonald) Minute No. C 19216(2) “That the minutes of the meeting held on 2 May 2019, with the exception of item 5), be adopted.”
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Recommended Item
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Item 5) |
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Speaking under public comment, Ms B Jenson, Co-Chair of Youth Council, expressed support for retaining the private sale and purchase of fireworks. She said Youth Council had undertaken a Facebook survey of over 400 people and the data was available for Councillors to view. She noted the majority of Youth Council members did not support a ban on private fireworks. She added that if the motion to ban private fireworks was agreed, Youth Council would be willing to work with Council on the issue.
In response to a question from a member, Ms Jenson predicted Youth Council would explore the issue further by looking at cultural celebrations and overseas responses to fireworks.
Speaking under public comment, Ms S Lewis, a representative of Youth Council noted that fireworks brought happiness to many people and carried warm childhood memories. She considered that most people used fireworks responsibly and enjoyed them for a range of celebrations and events. She said private displays were a highlight for many families. She noted most survey respondents felt the same and the majority had had positive experiences with private fireworks. She noted that those who were not able to afford transport to public fireworks displays they would miss out if private displays were outlawed. She did not believe a few negative experiences with fireworks could justify a ban but suggested looking for solutions to problems instead.
Speaking under public comment, Mr L Evison, a representative of Youth Council expressed support for greater limitations on the sale and use of private fireworks rather than an outright ban. He suggested several options to mitigate problems such as restricting the type of fireworks sold, the times they could be used and limiting sales to specialist stores. He added more restrictions could be placed on purchasers, such as requiring a licence to use fireworks. He concluded that limits, rather than bans, were a better way to address issues with fireworks.
Speaking under public comment, Mr P Mahowa, a representative of Youth Council, agreed that many low-income families would struggle to attend public fireworks displays. He considered that more education, particularly through school programmes, would lead to improved safety with fireworks.
Mayor Wallace thanked Youth Council for their input. He said the points they raised concerning education and the difficulty for some attending public displays warranted further investigation.
Cr Barratt elaborated on the notice of motion. She advised the motion had been in response to multiple appeals from the community. She said more appeals had been received since the matter had been discussed at the Community Services Committee meeting held on 2 May 2019. She noted Auckland City Council had voted in favour of the same motion with overwhelming support from the Auckland community. She added the Auckland community had expressed concern with fireworks safety and with their continual use throughout the year. She was not confident that education would prevent fireworks harm. In response to questions from members, Cr Barratt acknowledged she was not against public fireworks displays in suburban areas provided they were organised appropriately. She confirmed she did not currently have written evidence to support her statements of harm caused by fireworks but agreed to provide it. Cr Briggs considered the following local information was needed before a decision on the matter could be made: · the location of hot-spots for fireworks noise complaints; · the hospitalisation rate from fireworks and whether adults or children were affected; · the number of fireworks complaints reported to Council’s Animal Control division and whether incidents occurred over the whole year; and · whether fireworks caused issues for Fire and Emergency. Mayor Wallace agreed more local information would be helpful to make an informed recommendation to Local Government New Zealand (LGNZ). He noted Council would be voting on the matter at the upcoming LGNZ Conference. He suggested the matter lay on the table until more evidence was available. It was suggested the following information could be sourced to further inform Councillors on the matter: Accident Compensation Corporation records, hospital accident and emergency records, a survey including a Youth Council survey and advice from Council’s Noise Control officer. Cr Edwards requested additional advice from officers regarding the feasibility of enforcing a private fireworks ban. |
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Resolved: (Mayor Wallace/Cr Milne) Minute No. C 19217(2) “That the item be referred to the upcoming additional Council meeting.” |
6. Miscellaneous
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a) |
Plan Change 52 Alignment of the District Plan with the NZ Heritage List (19/561) Report No. HCC2019/2/87 by the Divisional Manager District Plan |
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Speaking under public comment, Mr M Shierlaw proposed that draft District Plan Change 52 be withdrawn. He believed the process of listing buildings as heritage properties should be voluntary. He did not consider the Petone Magistrates Court in Elizabeth Street, Petone (the courthouse) should be listed as a heritage building. He noted the courthouse was owned by WelTec who did not have the means to earthquake strengthen it and had considered demolishing it.
In response to a question from a member, Mr Shierlaw said that if the proposed District Plan Change 52 went ahead, the courthouse would be likely to be awarded Category 1 heritage status. He believed that Council would then be under pressure to strengthen and upgrade the building at considerable cost to the ratepayer. He considered it more beneficial to demolish the courthouse and turn it into a public space. The Divisional Manager, Environmental Policy elaborated on the report. He advised it would not be appropriate to comment on Mr Shierlaw’s comments since the matter was part of a quasi-judicial review. He noted Mr Shierlaw would have the opportunity to appeal the decision at a future time. In response to questions from members, the Divisional Manager, District Plan advised that the owners of the buildings identified in the proposed District Plan Change 52 had been consulted prior to notification. He confirmed there had been no objections lodged. Cr Cousins agreed it was not appropriate to hear from Mr Shierlaw on the matter. She added that while resource consent hearings were quasi-judicial, District Plan Changes and hearings were different processes. She therefore considered it appropriate for Council to discuss the matter as a policy issue. |
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Resolved: (Mayor Wallace/Cr Edwards) Minute No. C 19218(2) “That Council:
(i) notes the process under the Resource Management Act 1991 (‘RMA’) for Proposed Plan Change 52 Alignment of the District Plan with the NZ Heritage List; (ii) accepts the proposed amendments to the publicly notified text of Proposed Plan Change 52 as recommended by the hearing panel and outlined in Appendix 1 to the report; (iii) adopts the further evaluation of Proposed Plan Change 52 contained within Appendix 1 to the report and its conclusion that the plan change is appropriate to achieving the purpose of the RMA; (iv) adopts Proposed Plan Change 52 as recommended in Appendix 1 to the report (pursuant to clause 10 of the First Schedule of the RMA); and (v) rejects and accepts in full or in part the decisions requested by submissions for the reasons outlined in Appendix 1 to the report.” |
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Delegations Register Review (19/565) Report No. HCC2019/2/88 by the Executive Assistant, Corporate Services |
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The General Counsel elaborated on the report. |
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Resolved: (Mayor Wallace/Cr Lewis) Minute No. C 19219(2) “That Council approves the Delegations Register attached as Appendix 1 to the report.” |
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Requesting Power of Attorney for Chief Executive and General Managers (19/530) Report No. HCC2019/2/89 by the Executive Assistant, Corporate Services |
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The General Counsel elaborated on the report. In response to questions from a member, the General Counsel advised that granting power of attorney would not mean two signatures were required for documents such as licences and agreements. He added witnesses to signatures were still required which would add rigour to the authorising process. |
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Resolved: (Mayor Wallace/Cr Barratt) Minute No. C 19220(2) “That Council: (i) grants powers of attorney to the Chief Executive and General Managers to execute deeds on behalf of Council; (ii) approves the form of power of attorney attached as Appendix 1 to the report; and (iii) authorises the Mayor and Deputy Mayor to execute the deed to give effect to the power of attorney for any person currently holding the role of Chief Executive or General Manager.” |
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7. Minutes - council
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Resolved: (Mayor Wallace/Deputy Mayor Bassett) Minute No. C 19221(2) “That the minutes of the meeting of the Hutt City Council held on Tuesday, 26 March 2019, be confirmed as a true and correct record.” |
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Resolved: (Mayor Wallace/Deputy Mayor Bassett) Minute No. C 19222(2) “That the minutes of the meeting of the Hutt City Council held on Tuesday, 30 April 2019, be confirmed as a true and correct record.” |
8. Committee Minutes without Recommended Items
a) Policy and Regulatory Committee
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Resolved: (Cr Cousins/Cr Edwards) Minute No. C 19223(2) “That the minutes of the meeting held on 25 March 2019 be adopted.”
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b) Hutt Valley Services Committee
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Cr Cousins noted the results of regional waste water drug testing had recently been published, but that results for Lower Hutt had not been included. She asked officers to investigate if drug testing had been carried out on Lower Hutt’s waste water system.
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Resolved: (Cr McDonald/Deputy Mayor Bassett) Minute No. C 19224(2) “That the minutes of the meeting held on 3 May 2019 be adopted.”
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c) Finance and Performance Committee
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Resolved: (Cr Milne/Deputy Mayor Bassett) Minute No. C 19225(2) “That the minutes of the meeting held on 8 May 2019 be adopted.”
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d) Community Plan Committee
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Resolved: (Mayor Wallace/Deputy Mayor Bassett) Minute No. C 19226(2) That the report of the meeting held on 8 May 2019 be adopted subject to an amendment to page 6 to read Mr Vinnie Tamihere instead of Vinny.”
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e) Civic Honours Committee
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Resolved: (Deputy Mayor Bassett/Cr Barratt) Minute No. C 19227(2) “That the minutes of the meeting held on 10 May 2019 be adopted.”
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Report No. HCC2019/2/14 by the Executive Assistant, Corporate Services |
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Resolved: (Mayor Wallace/Deputy Mayor Bassett) Minute No. C 19228(2) “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 Flight Limited b) Hutt
City Council and UPL Limited Partnership c) Hutt
City Council and Allison Jean Wright and Marcus John Smith d) Hutt
City Council and Mathew Stephen Ross Allen and Jessica Anne Wildbore e) Hutt
City Council and RSMG Investments Limited f) Hutt
City Council and Property Design Limited, CMG Property Investments Limited
and Enhance Property Design Limited Agreement for Sale and Purchase g) Hutt
City Council and Dale Hazle Gibb Discharge of Charging Order h) Hutt
City Council and Stephen Lemon Land Covenant i) Hutt
City Council and High Holland Limited Schedule 2 Deed of Surrender j) Hutt City Council and Avalon Rugby Football Club Incorporated (ARFC) Fraser Park L19/148 Warrants Approved - Not applicable.” |
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10. QUESTIONS
There were no questions.
ANNOUNCEMENTS
Mayor Wallace bade farewell to Mr Stallinger as Chief Executive of Council. He noted Mr Stallinger had done an outstanding job during his 12 years as Chief Executive and before that as Chief Financial Officer since 1998. He thanked Mr Stallinger for the tremendous amount he had given to Lower Hutt during his time at Council.
Deputy Mayor Bassett recorded his appreciation for Mr Stallinger’s input to the Wellington Water Committee. He noted the Wellington Water Committee had been a challenge and had involved significant work. He said Mr Stallinger had demonstrated loyalty, know-how and skill in his role and he thanked him for his support.
Cr Briggs added his thanks for Mr Stallinger’s service to the city. He noted Mr Stallinger had demonstrated commitment and passion for the job and Cr Briggs expressed appreciation for his support.
Mr Stallinger thanked Council and previous Councils for entrusting him with the role of Chief Executive. He said he had enjoyed the role and would look back with pride on Council’s achievements. He acknowledged it was Council’s good governance alongside a highly skilled set of managers with dedicated staff that had led to Council’s achievements to date. He expressed confidence he was leaving Council in good hands.
9. EXCLUSION OF THE PUBLIC
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Resolved: (Mayor Wallace/Cr Barratt) Minute No. C 19229(2) “That the public be excluded from the following parts of the proceedings of this meeting, namely: 10. Committee Minutes with Recommended Items a) Policy and Regulatory Committee – 29 April 2019 b) Civic Honours Committee – 10 May 2019 11. Committee Minutes without Recommended Items Finance and Performance Committee – 8 May 2019 12. Minutes - COUNCIL 26 March 2019 30 April 2019 (Restricted to Mayor and Councillors) 11 December 2018 (Restricted to Mayor and Councillors) 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.”
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WR Wallace
MAYOR
CONFIRMED as a true and correct record
Dated this 30th day of July 2019