Minutes of Hutt City Council

3 8 December 2020

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

Tuesday 8 December 2020 commencing at 2.00pm

PRESENT:	Mayor C Barry (Chair)	Deputy Mayor T Lewis
	Cr D Bassett	Cr J Briggs
	Cr K Brown	Cr B Dyer
	Cr S Edwards	Cr D Hislop
	Cr C Milne (until 3.42pm)	Cr A Mitchell
	Cr S Rasheed	Cr N Shaw
	Cr L Sutton

APOLOGIES: There were no apologies.

IN ATTENDANCE: Ms J Miller, Chief Executive

Ms A Blackshaw, Director Neighbourhoods & Communities

Ms H Oram, Director Environment & Sustainability

Mr K Puketapu-Dentice, Director Economy & Development

Mr M Boggs, Director Strategy & Engagement (part meeting)

Ms J Livschitz, Chief Financial Officer

Mr B Cato, Chief Financial Officer

Ms K Stannard, Head of Democratic Services (part meeting)

Ms J Stevens, Contractor (part meeting)

Mr B Hodgins, Strategic Advisor (part meeting)

Ms S Page, Senior Management Accountant (part meeting)

Mr D Newth, Financial Accounting Manager (part meeting)

Ms S George, Senior Accountant (part meeting)

Mr D Burt, Senior Advisor Sustainability & Resilience (part meeting)

Mr J Scherzer, Sustainability & Resilience Manager (part meeting)

Ms W Moore, Head of Strategy & Planning (part meeting)

Mr D Simmons, Traffic Asset Manager (part meeting)

Ms C Allan, Neighbourhood Precinct Place Maker (part meeting)

Mr N Geard, Senior Environmental Policy Analyst (part meeting)

Ms J Araiti, Senior Community Facilitator (part meeting)

Mr A Marsh, Asset Manager Parks (part meeting)

Ms C Ellis, Head of Chief Executive’s Office (part meeting)

Ms R Vallabh, Executive Assistant to the Chief Executive (part meeting)

Mr R Qian, Landscape Architect (part meeting)

Ms K Glanville, Senior Democracy Advisor

Mrs H Clegg, Minute Taker

PUBLIC BUSINESS

1. OPENING FORMALITIES - Karakia Timatanga

Kia hora te marino

Kia whakapapa pounamu te moana

He huarahi mā tātou i te rangi nei

Aroha atu, aroha mai

Tātou i a tātou katoa

Hui e Tāiki e!

May peace be wide spread

May the sea be like greenstone

A pathway for us all this day

Let us show respect for each other

For one another

Bind us together!

2. APOLOGIES

There were no apologies.

3. PUBLIC COMMENT

Comments are recorded under the item to which they relate.

Mayor Barry clarified that Council’s Standing Orders did not permit public comment on items not on the agenda.

4.	Mayoral Statement Mayor Barry spoke to his Mayoral Statement, attached as pages 37-38 to the minutes. Cr Milne left the meeting at 2.25pm.

5.	Chief Executive's Statement The Chief Executive spoke to her Chief Executive’s Statement, attached as pages 39-43 to the minutes Cr Milne rejoined the meeting at 2.28pm

6. CONFLICT OF INTEREST DECLARATIONS

Cr Brown advised she was a Council’s representative on the Board of Urban Plus Limited and declared a conflict of interest in matters relating to Urban Plus Limited.

Cr Shaw advised she was Council’s representative on the Board of Hutt City Communities Facilities Trust and declared a conflict of interest in matters relating to the Hutt City Communities Facilities Trust

The Chief Legal Officer advised that Cr Milne had a conflict of interest in matters relating to Hutt Valley Tennis. Cr Milne declared a conflict of interest, noting he was leaving the meeting prior to Item 8g) Mitchell Park Proposal.

7. Committee Minutes with Recommended Items

a) Traffic Subcommittee

10 November 2020

Resolved: (Cr Sutton/Cr Dyer) Minute No. C 20601

“That the minutes of the meeting held on 10 November 2020, with the exception of items 4i)-4xiii), be adopted.”

Recommended Items

Item 4i)

Manor Park: Proposed Speed Limit, Parking Restrictions, Road Marking and Signage Changes. (20/1208)

Resolved: (Cr Sutton/Cr Shaw) Minute No. C 20602

“That Council:

(i) approves the reduction of the permanent speed limit from 50 km/h to 40 km/h over the areas of Manor Park shown in Figure 2 in Report No. TSC2020/6/239;

(ii) approves the installation of ‘No Stopping At All Times’ restrictions as shown in Appendix 1 and Appendix 2 attached to Report No. TSC2020/6/239;

(iii) approves the installation of ‘No Stopping On Grass’ restrictions as shown in Appendix 1 attached to Report No. TSC2020/6/239; and

(iv) asks officers to undertake a six and 12 month review, following the introduction of the traffic calming measures.”

For the reason that the proposed speed limit reduction would encourage lower vehicle operating speeds, the proposed ‘No Stopping At All Times’ restrictions would reduce the likelihood of vehicle conflict and promote compliance with the Land Transport (Road User) Rule 2004, and the proposed ‘No Stopping On Grass’ restrictions would reduce the likelihood of damage to the grass berm/ stop bank.

Item 4ii)	Jackson Street, Petone - Proposed No Stopping At All Times Restrictions (20/1270)
	Resolved: (Cr Sutton/Cr Shaw) Minute No. C 20603 “That Council approves the installation of a No Stopping At All Times restriction on Jackson Street, Petone, as shown in Appendix 1 attached to Report No. TSC2020/6/240.” For the reasons that the proposed restrictions would improve accessibility and safety for local residents and promote compliance with the Land Transport (Road User) Rule 2004.
Item 4iii)	Buick Street, Petone - Proposed No Stopping At All Times Restrictions (20/1263)
	Resolved: (Cr Sutton/Cr Shaw) Minute No. C 20604 “That Council approves the installation of a No Stopping At All Times restriction on Buick Street, as shown in Appendix 1 attached to Report No. TSC2020/6/241.” For the reasons that the proposed restriction would improve accessibility for local residents and promote compliance with the Land Transport (Road User) Rule 2004.
Item 4iv)	Eastbourne and Days Bay - Proposed P180 Electric Vehicle Parking Restrictions (20/1264)
	Resolved: (Cr Sutton/Cr Shaw) Minute No. C 20605 “That Council: (i) approves the installation of a P180 EV Parking Restriction on Oroua Street, Eastbourne, ‘Reserved for Electric Vehicles on charge only, for a maximum of 180 minutes (8.00am to 6.00pm, Monday to Sunday other than public holidays)’ as shown in Appendix 1 attached to Report No. TSC2020/6/242; (ii) approves the installation of a P180 EV Parking Restriction in Pavilion Carpark, Days Bay, ‘Reserved for Electric Vehicles on charge only, for a maximum of 180 minutes at all times’ as shown in Appendix 2 attached to Report No. TSC2020/6/242; and (iii) asks officers to liaise with Meridian Energy to install at least one fast charger.” For the reason that the proposed restrictions would facilitate the installation, effective operation of the proposed EV charging stations, improve parking turnover and availability of the EV parks, benefitting both local businesses and their customers. The proposed changes have garnered support from the community, and would support Council’s Parking Policy (2017).

Item 4v)	Ropata Crescent, Boulcott - Proposed No Stopping At All Times Restrictions (20/1088)
	Resolved: (Cr Sutton/Cr Shaw) Minute No. C 20606 “That Council approves the installation of a No Stopping At All Times parking restriction on Ropata Crescent, as shown in Appendix 1 attached to Report No. TSC2020/6/243.” For the reasons that the proposed restriction would improve accessibility and safety for local residents and promote compliance with the Land Transport (Road User) Rule 2004.
Item 4vi)	Cedar Street, Maungaraki - Proposed No Stopping At All Times Restrictions (20/1090)
	Resolved: (Cr Sutton/Cr Shaw) Minute No. C 20607 “That Council approves the proposed No Stopping At All Times restrictions on Cedar Street, Maungaraki, as shown in Appendix 2 attached to Report No. TSC2020/6/244.” For the reasons that either of the proposed restrictions would improve the safety within the street for the benefit of all road users; would promote compliance with the Land Transport (Road User) Rule 2004; support Council’s Parking Policy 2017 and are supported by the majority of the local residents who responded to the consultation documents.
Item 4vii)	Kamahi Street, Stokes Valley - Proposed No Stopping At All Times Restrictions (20/1141)
	Resolved: (Cr Sutton/Cr Shaw) Minute No. C 20608 “That Council approves the proposed No Stopping At All Times restriction on Kamahi Street, Stokes Valley, as shown in Appendix 1 attached to Report No. TSC2020/6/245.” For the reasons that the proposed restrictions would: a) improve the safety within the street for the benefit of all road users; b) promote compliance with the Land Transport (Road User) Rule 2004; c) support Council’s Parking Policy 2017; and d) are supported by majority of the local residents who responded to the consultation documents.

Item 4viii)

Waterloo Road, Hutt Central - Proposed Changes to School Bus Stop Times (20/1143)

Resolved: (Cr Sutton/Cr Shaw) Minute No. C 20609

“That Council:

(i) rescinds the existing ‘School Bus Stop 8.15am-8.45am and 3.00pm-3.30pm School Days Only, P10 Other Times’ restrictions on Waterloo Road, as shown in Appendix 1 attached to Report No. TSC2020/6/246;

(ii) approves the proposed ‘School Bus Stop 8.15am-8.45am and 3.15pm-3.45pm School Days’ restriction on Waterloo Road, as shown in Appendix 1 attached to Report No. TSC2020/6/246; and

(iii) approves the proposed ‘P10 Other Times’ restriction on Waterloo Road, as shown in Appendix 1 attached to Report No. TSC2020/6/246.”

For the reason that the proposed restrictions would reduce the risk of vehicle conflict at the school bus stop and improve the level of service for school buses.

Item 4ix)

Victoria Street, Alicetown - Proposed P60 Time Restriction and Bus Stop Modification (20/1225)

Item 8a) was discussed under this item. The item is recorded in the order in which it was listed on the Order Paper.

Cr Sutton advised that recommendation (ii) had been altered to P120, after discussions with the Alicetown Play Centre and Council’s traffic engineers.

In response to a question from a member, the Traffic Asset Manager confirmed the Play Centre supported the proposed P120 time restriction.

Resolved: (Cr Sutton/Cr Mitchell) Minute No. C 20610

“That Council:

(i) receives and notes the information;

(ii) approves the installation of a P120 (8am-6pm Monday-Sunday) time restriction within the Victoria Street Reserve Carpark, as shown in Appendix 1 to Report No. TSC2020/6/247;

(iii) approves the extension of the existing bus stop (2 metres) adjacent to the Victoria Street Reserve Carpark, as shown in Appendix 1 to Report No. TSC2020/6/247;

(iv) approves the installation of an additional 12 metres of No Stopping At All Times restriction to facilitate an improved entry taper, as shown in Appendix 1 to Report No. TSC2020/6/247;

(v) reconfirms the existing No Stopping At All Times restrictions within the Victoria Street Reserve Carpark, as shown in Appendix 1 to Report No. TSC2020/6/247;

(vi) rescinds any previous resolutions pertaining to traffic controls made pursuant to any bylaw to the extent that they are in conflict with the traffic controls described in this resolution; and

(vii) notes that this resolution will take effect when the traffic control devices that evidence the restrictions described in this resolution are in place.”

For the following reasons - the proposed time restriction will improve parking turnover and availability within the Victoria Street Reserve Carpark and the proposed bus stop modification will:

(a) reduce the risk of vehicle conflict at the listed on-road bus stop locations;

(b) improve visibility and safety for the benefit of all road users;

(d) meet the requirements as set out in Council’s Traffic Bylaw 2017.

Item 4x)

Cuba Street, Petone - Proposed P10 Time Restriction (20/895)

Resolved: (Cr Sutton/Cr Shaw) Minute No. C 20611

“That Council:

(i) receives and notes the information;

(ii) approves the installation of a time limited (P10 At All Times) parking restriction on Cuba Street, Petone, as shown in Appendix 1 attached to Report No. TSC2020/6/248;

(iii) rescinds any previous resolutions pertaining to traffic controls made pursuant to any bylaw to the extent that they are in conflict with the traffic controls described in this resolution; and

(iv) notes that this resolution will take effect when the traffic control devices that evidence the restrictions described in this resolution are in place.”

For the reason that the proposed restriction will improve parking turnover and availability on Cuba Street, benefitting both local businesses and their customers and the proposed changes support Council’s Parking Policy 2017.

Item 4xi)

Glen Road, Stokes Valley - Proposed No Stopping Restriction (20/1275)

Resolved: (Cr Sutton/Cr Shaw) Minute No. C 20612

“That Council:

(i) receives and notes the information;

(ii) approves the installation of a No Stopping (8am-6pm Monday-Friday) restriction on Glen Road, Stokes Valley, attached as Appendix 1 to Report No. TSC2020/6/249;

(iii) rescinds any previous resolutions pertaining to traffic controls made pursuant to any bylaw to the extent that they are in conflict with the traffic controls described in this resolution; and

(iv) notes that this resolution will take effect when the traffic control devices that evidence the restrictions described in this resolution are in place.”

For the reason that the proposed no stopping restriction:

a) maintains increased pedestrian crossing visibility during the day;

b) increases the available on-road parking stock during evenings and weekends;

c) maintains the minimum visibility requirements for pedestrian crossings; and

d) meets the requirements as set out in Council’s Traffic Bylaw 2017.

Item 4xii)

Waddington Drive, Naenae - Proposed P10 (School Days) Time Restriction (20/1276)

Resolved: (Cr Sutton/Cr Shaw) Minute No. C 20613

“That Council:

(i) receives and notes the information;

(ii) approves the installation of P10 (8.30-9.30am, 2.45-3.30pm, Monday to Friday, School Days) time restriction on Waddington Road, Naenae – outside Wa Ora Montessori School, as shown in Appendix 1 to Report No. TSC2020/6/250;

(iii) rescinds any previous resolutions pertaining to traffic controls made pursuant to any bylaw to the extent that they are in conflict with the traffic controls described in this resolution; and

(iv) notes that this resolution will take effect when the traffic control devices that evidence the restrictions described in this resolution are in place.”

For the reason that the proposed time limited restriction would:

a) improve parking turnover and availability during school drop off and pick up times;

b) maintain the minimum visibility requirements for pedestrian crossings; and

c) meet the requirements as set out in Council’s Traffic Bylaw 2017.

Item 4xiii)

Margaret Street, Hutt Central - Proposed P15 Loading Zone Class Restriction (20/1285)

Resolved: (Cr Sutton/Cr Shaw) Minute No. C 20614

“That Council:

(i) receives and notes the information;

(ii) approves the installation of a class restricted (P15 Loading Zone – Goods and Services Vehicles Only) parking restriction on Margaret Street, as shown in Appendix 1 attached to Report No. TSC2020/6/251;

(iii) rescinds any previous resolutions pertaining to traffic controls made pursuant to any bylaw to the extent that they are in conflict with the traffic controls described in this resolution; and

(iv) notes that this resolution will take effect when the traffic control devices that evidence the restrictions described in this resolution are in place.”

For the reason that the proposed restriction will improve the serviceability for local businesses, without reducing the existing parking stock. The proposed changes support Council’s Parking Policy 2017.

b) Policy, Finance and Strategy Committee

17 November 2020

Resolved: (Cr Edwards/Cr Brown) Minute No. C 20615

“That the minutes of the meeting held on 17 November 2020 with the exception of items 4i)-4vi), be adopted.”

Recommended Items

Item 4i)	Hutt City Council Annual Report to 30 June 2020 (20/1204)
	The Chief Financial Officer noted that the Wellington Water Limited Annual Report to 30 June 2020 had been delayed which had a flow on impact for Council’s Annual Report. It was planned that the Annual Report would be referred to the Extraordinary Council meeting on 21 December 2020.

Item 4ii)	Budget Update 2020/21 (20/1308)
	Resolved: (Mayor Barry/Cr Edwards) Minute No. C 20616 “That Council: (i) notes the year-end carry overs of projects due to timing changes; and (ii) agrees to amend the operating and capital budgets as detailed in the report due to changes in timing of expenditure, refer to Table 1 and Appendix 1 attached to Report No. PFSC2020/6/255.”
Item 4iii)	Draft Hutt City Council COVID 19 Recovery Plan (20/1342)
	Resolved: (Mayor Barry/Cr Edwards) Minute No. C 20617 “That Council: (i) notes that the Recovery Plan has been approved by the Corporate Leadership Team; (ii) agrees to adopt the Hutt City Council COVID-19 Recovery Plan (the Plan) (attached as Appendix 1 to Report No. PFSC2020/6/288); (iii) notes that initiatives already underway have been enabled by reprioritising existing budgets and resource, including $127K allocated through the 20/21 Community Funding round in September to groups responding to COVID-19 impacts; (iv) notes that in September $42K was also allocated to a partnership with Common Unity to lead work on creating a resilient and sustainable local food system; (v) notes that a further $257,556 will be allocated to community initiatives responding to COVID-19 and aligned to the principles of a circular economy, and that this will be approved by the Chief Executive in consultation with the Mayor and Standing Committee Chairs, as per COVID-19 protocols; and (vi) notes the Mana Whenua, community and business leaders and social and community groups have been engaged in the development of this Plan and that further feedback on the strategic approaches proposed will be sought as part of engagement for Long Term Plan 2021/31.”

Item 4iv)

Proposed Solid Waste and Minimisation Bylaw (20/1314)

Item 8b) was discussed under this item. The item is recorded in the order in which it was listed on the Order Paper.

Resolved: (Mayor Barry/Cr Briggs) Minute No. C 20618

“That Council adopts the proposed Solid Waste Bylaw with changes as identified in Appendix 2 attached to Report No. PFSC2020/6/256.”

Item 4v)	Unlicensed Public Use of Council Land - Encroachments (20/354)
	Item 8c) was discussed under this item. The item is recorded in the order in which it was listed on the Order Paper. The Head of Strategy and Planning elaborated on the memorandum. She advised officers had developed an extensive list and maps of all existing encroachments on public land. She said officers would be contacting the owners of each encroachment to explain a licence was required. She added the second step in the process was the establishment of an encroachment licensing fee which would require further reporting and decision making by Council. In response to questions from members, the Head of Strategy and Planning advised that the first 90cm free for “all businesses” referred to all commercial and industrial properties and was not restricted to retail premises. She acknowledged that the term “business” could be further defined. She agreed to report back with information concerning maintaining pedestrian access on narrow footpaths and how an encroachment licence fee for an encroachment onto land, other than for a garden, carparking or onto a footpath, would be administered. In response to questions from members, the Head of Strategy and Planning clarified that even small encroachments onto public land would require an encroachment licence and possible fee. She agreed to report back with information concerning whether any dispensations would be provided for very minor encroachments. Cr Milne left the meeting at 2.54pm. In response to a question from a member regarding drainage reserves, the Head of Strategy and Planning advised that such reserves could not be fenced as Wellington Water Limited required access at all times. Cr Milne rejoined the meeting at 2.56pm. In response to a question from a member that no other Council appeared to make a distinction between garden and pavement encroachments, the Head of Strategy and Planning agreed to investigate the reasons for this distinction.
	Resolved: (Mayor Barry/Cr Edwards) Minute No. C 20619 “That the matter lie on the table and be considered later in the meeting once officers provide further information to the members’ questions.”
	The item was discussed at 3.57pm. In response to questions from members, the Director Strategy and Engagement advised that the size of an encroachment was irrelevant. He said that an enclosure was the determining factor as to whether an encroachment licence was required. He added that it was proposed that any encroachment over 10m² would be liable for an encroachment fee. He further clarified that if the public and Council could not access an area of public land due to it being fenced for private use then that land would be subject to an encroachment licence. He explained that “business” was not defined in the proposed policy and that officers would clarify the definition. He confirmed the “first 90cm free” policy for footpath encroachments would be retained where upon an encroachment licence would be required for further encroachment.
	Resolved: (Mayor Barry/Deputy Mayor Lewis) Minute No. C 20620 “That Council agrees that the recommended item 4v) Unlicensed Public Use of Council Land – Encroachments from the Policy, Finance and Strategy Committee held on 17 November 2020 lies on the table and asks officers to present an updated report to the Policy, Finance and Strategy Committee in 2021.”

Item 4vi)

Draft Wellington Regional Growth Framework (20/1309)

Resolved: (Mayor Barry/Deputy Mayor Lewis) Minute No. C 20621

“That Council:

(i) notes that the draft Framework is the result of a partnership between central government, local government and iwi;

(ii) notes that the draft Framework is generally consistent in content and structure to other spatial plans developed within the urban growth partnership programme;

(iii) notes that a ‘public consultation friendly’ version of this Framework (smaller and more concise) will be developed for the public consultation process in 2021 and that an example of what this might look like is attached as Appendix 2 to Report No. PFSC2020/6/257; and

(iv) endorses the Draft Wellington Regional Growth Framework attached as Appendix 1 to Report No. PFSC2020/6/257 for public consultation.”

For the reasons that the region’s councils, mana whenua groups and central government have developed the Framework to address future growth in the Wellington-Horowhenua region.

c) Community and Environment Committee

19 November 2020

Resolved: (Deputy Mayor Lewis/Cr Brown) Minute No. C 20622

“That the minutes of the meeting held on 19 November 2020, with the exception of item 4, be adopted, subject to an amendment to page 67, such that Belmont Regional Park is not wholly owned by Council, as some parts are owned by Greater Wellington Regional Council, and some parts are in private ownership.”

Recommended Item

Item 4)

Enabling Investments through Income from Carbon Credits (20/1258)

Resolved: (Mayor Barry/Cr Mitchell) Minute No. C 20623

“That Council:

(i) notes that sequestering carbon in forests on Council-owned land can provide a new funding source for making the transition to zero carbon and/or improving biodiversity;

(ii) agrees that any funds associated with the carbon credits earned by Council will go to projects that produce the largest carbon reduction benefits and/or biodiversity improvements, with funding decisions made by Council or a relevant committee (Option 3 contained in Report No. CEC2020/6/277);

(iii) notes that in order to enable decision making by Council, officers could set up an internal low carbon acceleration investment fund to identify worthy projects;

(iv) agrees that officers develop the formal scope, process and decision-making approach for an internal low carbon acceleration fund, and report back to Council for agreement in 2021; and

(v) agrees that at least 2,000 emission units (or 20% of total units earned, whichever is higher) be held in reserve, in order to account for future liabilities associated with risks, such as fires.”

d) Regulatory Committee

23 November 2020

Resolved: (Cr Hislop/Cr Mitchell) Minute No. C 20624

“That the minutes of the meeting held on 23 November 2020, with the exception of item 6, be adopted.”

Recommended Item

Item 6)

Proposed Private District Plan Change 47: Major Gardens, Kelson - Rezoning to General Residential Activity Area and General Recreation Activity Area (20/1277)

Resolved: (Mayor Barry/Cr Hislop) Minute No. C 20625

“That Council:

(i) receives the report and recommendation of the Hearing Panel dated
2 October 2020, acting under delegated authority pursuant to Section 34A of the Resource Management Act 1991, for the hearing of submissions and further submissions on Private District Plan Change 47;

(ii) notes the process under the Resource Management Act 1991 (RMA) for Proposed Private District Plan Change 47: Major Gardens, Kelson - Rezoning to General Residential Activity Area and General Recreation Activity Area;

(iii) approves Private District Plan Change 47 in accordance with Clause 29 of Schedule 1 to the Resource Management Act 1991 as recommended in the report by the Hearing Panel and attached as Appendix 1 to Report No. RC2020/6/264;

(iv) adopts the recommended decision on Private District Plan Change 47 and the further evaluation and reasons for that decision set out in the report by the Hearing Panel contained within Appendix 1 attached to Report No. RC2020/6/264; and

(v) resolves to publicly notify its decision on Private District Plan Change 47 within 10 working days of this decision, and to serve the decision on the applicant and submitters.”

For the reasons that the hearing panel has considered the issues and all submissions on Proposed Plan Change 47, and where appropriate, has modified the notified provisions of the proposal in response to submissions and based on the evidence provided to the hearing panel.

8. Miscellaneous

Amendment to Proposed Traffic Resolution - Victoria Street, Alicetown. (20/1593)

Memorandum dated 24 November 2020 by the Traffic Engineer - Network Operations

Resolved: (Cr Sutton/Cr Mitchell) Minute No. C 20626

“That Council notes the contents of the memorandum.”

Waste Management Bylaw (20/1569)

Memorandum dated 19 November 2020 by the Head of Strategy and Planning

Resolved: (Mayor Barry/Cr Brown) Minute No. C 20627

“That Council notes the further information requested at the Policy, Finance and Strategy Committee meeting held on 17 November 2020.”

Encroachments Policy - Private use of public land (20/1547)

Memorandum dated 18 November 2020 by the Head of Strategy and Planning

Resolved: (Mayor Barry/Deputy Mayor Lewis) Minute No. C 20628

“That Council notes the further information provided in response to questions from the Policy, Finance and Strategy Committee meeting held on 17 November 2020.”

Seaview Marina Limited - Annual Report for the year ended 30 June 2020 (20/1564)

Report No. HCC2020/6/299 by the Senior Management Accountant

Mr Brian Walshe and Mr Alan McLellan from Seaview Marina Limited were in attendance for the item.

The Financial Accounting Manager elaborated on the report.

Mr Walshe advised that Seaview Marina Limited (the Marina) had experienced a strong year and that Covid-19 had had minimal impact on the Marina. He noted that delays had been experienced with the construction of the new pier. He added that a significant challenge for the future was sea level rise and climate change.

Mr McLellan advised that the Marina made a loss of $30,000 over the Covid-19 lockdown period and that now the Marina was operating at full occupancy. He advised that the Marina continued to support the local community assisting the Lowry Bay Yacht Club, Have a Go Sailing and Sailability.

In response to questions from members, Mr McLellan advised total capacity of the Marina would soon be 400 berths and included some re-arrangement of the existing berth configurations.

In response to questions from members, Mr Walsh advised that future plans for the Marina contained in the Marina’s Strategic Vision might involve District Plan revision.

Mayor Barry thanked the Marina’s team for their work over the past year. He wished Mr McLellan well in his retirement.

Resolved: (Mayor Barry/Cr Bassett) Minute No. C 20629

“That Council receives and notes the Annual Report for Seaview Marina Limited for the year ended 30 June 2020, attached as Appendix 1 to the report.”

Hutt City Community Facilities Trust - Annual Report for the Year ended 30 June 2020 (20/1250)

Report No. HCC2020/6/310 by the Senior Management Accountant

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

Mr John Strahl, Chair of the Hutt City Community Facilities Trust (CFT) was in attendance for the item.

The Financial Accounting Manager elaborated on the report.

Mr Strahl asked that Council accept the PricewaterhouseCoopers report recommending Council take control of the assets of CFT. He further asked that public consultation on the issue be conducted in association with Council’s Long Term Plan consultation.

Mayor Barry thanked Mr Strahl and his team for their efforts over the past year.

Resolved: (Mayor Barry/Cr Mitchell) Minute No. C 20630

“That Council receives and notes the Annual Report for the Hutt City Community Facilities Trust for the year ended 30 June 2020, attached as Appendix 1 to the report.”

Urban Plus Limited - Annual Report for the year ended 30 June 2020 (20/1628)

Report No. HCC2020/6/309 by the Senior Accountant

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

Mr Brian Walshe and Mr Craig Walton were in attendance for the item.

The Financial Accounting Manager elaborated on the report.

Mr Walshe summarised the year’s activities. He explained that Covid-19 had delayed some construction works.

Mr Walton advised that during Covid-19 lockdown, team members visted all tenants and provided food to those who were unable to venture out. He noted the rising costs in construction.

Mayor Barry, Councillors and the Chief Executive thanked Mr Walton for his valued knowledge and contribution he had made to Urban Plus Limited.

In response to a question from a member regarding the requirements of the National Policy Statement – Urban Design, Mr Walton acknowledged the requirement to provide higher density housing options close to major transport nodes.

Deputy Mayor Lewis left the meeting at 3.38pm and rejoined the meeting at 3.40pm.

Resolved: (Mayor Barry/Cr Hislop) Minute No. C 20631

“That Council receives and notes the Annual Report for Urban Plus Group to 30 June 2020, attached as Appendix 1 to the report.”

The meeting adjourned at 3.42pm and resumed at 3.57pm to discuss item 7 b) Item 4v) Unlicensed Public Use of Council Land – Encroachments.

Cr Milne left the meeting at 3.42pm.

Mitchell Park Proposal (20/1624)

Report No. HCC2020/6/311 by the Team Leader Parks

Speaking under public comment, Mr Shane Jackson, representing the Hutt Valley Tennis Association asked that Council support the current proposal as outlined in the officer’s report.

In response to questions from members regarding concerns with the financial viability of Hutt Valley Tennis, Mr Jackson advised the project had been reduced to two priority projects, patron safety and future income generation. He said that once Council approval had been obtained, a number of benefactors could be approached for funds and other fundraising ventures could proceed. He expressed confidence that the two priorities could be delivered within the tight budget.

In response to questions from a member regarding possible cost escalations, Mr Jackson advised that the covered court project had a four month guaranteed price hold. He advised it was anticipated the priority projects would commence in July 2021 with a total of a two to three month construction phase.

In response to a question from a member, Mr Jackson confirmed the Hutt Valley Tennis AGM was scheduled for early 2021. He highlighted that details of both priority projects would be discussed.

In response to a question from a member regarding the total proposed cost of the projects, Mr Jackson advised the total cost was $2.43M. He said $1.7M was allocated to the covered court project and $450,000 was allocated to seismic strengthening work.

In response to a question from a member regarding Council support requested for the resource consent application, Mr Jackson explained that the covered courts project involved a substantial structure. He said Hutt Valley Tennis was not seeking financial assistance with the application.

In response to a question from a member, Mr Jackson confirmed the already Council approved contribution of $500,000 would be released as soon as the revocation process was complete.

Speaking under public comment, Mr Matt Young questioned whether the building projects met energy efficiency ratings. He believed that operational grants should only be provided on the basis of the projects utilising renewable energy and meeting energy efficiency standards.

The Strategic Advisor elaborated on the report. He advised that officers had assessed the financial reports provided by Hutt Valley Tennis and were confident with the figures and projections made based on the proposed four covered court proposal.

In response to questions from members, the Strategic Advisor confirmed that the revocation process would not commence until after the Hutt Valley Tennis AGM. He said that if the proposal was not supported at the AGM, officers would report back to Council with options.

In response to questions from members regarding the timeframe of the process, the Strategic Advisor advised that following approval lfrom Hutt Valley Tennis at its AGM, public notices would be published and the formal revocation process would commence. He noted that a four week public consultation phase was required and that the Department of Conservation would be involved. He added that approval from the Minister could take four to six weeks.

In response to a question from a member regarding the current zoning of the land earmarked for revocation, the Strategic Advisor advised it was prudent to leave the land zoned as General Recreation. He noted the zoning of the land would be dealt with during the District Plan Review process.

In response to questions from a member regarding the financial aspects of the proposal, the Strategic Advisor advised the net proceeds of the sale of the land would be made available to Hutt Valley Tennis. He noted that subdivision and legal costs would have already been accounted for. He also noted the already approved amount of $500,000 would be released before the end of the current financial year.

In response to a question from a member, the Strategic Advisor explained an information programme for people in the general vicinity of the proposal would be undertaken as well as the required public notices. He confirmed officers would support Hutt Valley Tennis in providing information to its AGM.

In response to further questions from members, the Strategic Advisor confirmed the total Council contribution to Hutt Valley Tennis would be $1.7M, and that this funding was sufficient to carry out the identified priority works. He confirmed a strip of garden would be lost with the future development of court 12 and that the status of that portion of land was not being revoked.

Resolved: (Mayor Barry/Cr Hislop) Minute No. C 20632

“That Council:

(i) notes an offer from Hutt Valley Health Limited to purchase from Council approximately 1640m2 of reserve land at Mitchell Park, adjacent to its current site, for a sum of $1.4M;

(ii) notes the land is currently leased to the Hutt Valley Tennis Association;

(iii) notes that discussions with representatives of the Hutt Valley Tennis Association indicate support for the proposal subject to the net proceeds of sale being re-invested in upgrading tennis facilities in line with its redevelopment plans;

(iv) notes that the Hutt Valley Tennis Association plans to hold a special meeting in order to outline the proposal to its members and key stakeholders;

(v) agrees to initiate a proposal to revoke the reserve status of approximately 1640m2 of land at Mitchell Park, (as shown in the plan in paragraph 5 of this report), for the purposes of making the land available for sale to Hutt Valley Health Limited with the net proceeds of sale being used to enhance tennis facilities on the Park;

(vi) notes that officers would commence the formal consultation process as required by the Reserves Act 1977 in February 2021, once the Hutt Valley Tennis Association has had its special meeting; and

(vii) agrees, subject to the proposal succeeding, that Council adjusts the area leased to the Hutt Valley Tennis Association to enable a 12^th tennis court to be developed on the site in the future, (as shown in purple on the plan in paragraph 5 of this report).”

Naenae Spatial Plan (20/1601)

Report No. HCC2020/6/312 by the Director Economy and Development

The Director Economy and Development elaborated on the report.

Cr Sutton left the meeting at 4.47pm and rejoined the meeting at 4.49pm.

In response to a question from a member regarding whether the roading projects would be included in the total Naenae $9M funding budget, the Director Economy and Development advised some roading projects in the Spatial Plan might be able to be funded from other Council budgets. He said the Everest Avenue proposals had not yet been scoped and were not included in the current Transport budget.

Resolved: (Mayor Barry/Cr Mitchell) Minute No. C 20633

“That Council:

(i) endorses the Naenae Town Centre Spatial Plan;

(ii) agrees to further investigate, scope, cost and prioritise the current preference of options being promoted by the community and as expressed in the Naenae Town Centre Spatial Plan - these include:

a. Rātā Street to Vogel Street extension – service lane for possible supermarket;

b. Shared space extension of Hillary Court;

c. Retail on Everest Avenue with an upgraded streetscape and parking layout;

d. Development of community facilities to activate the heart of Hillary Court;

e. Expanded square/plaza between library and the former Naenae Post Office Building;

f. The provision of housing by Council within the Naenae Town Centre;

g. Supermarket on site of the former pool – Walter Mildenhall Park;

h. Potential overbridge to railway station and Oxford Terrace; and

i. Retention of current library;

(iii) notes that option a (Rātā Street to Vogel Street extension) will require the construction of a new road;

(iv) notes that option c (Everest Avenue upgrade) will require a change to the current parking layout of Everest Avenue and the reduction of the footpath width on either side of the street;

(v) notes that option d (community facilities) will likely require Council to purchase a building within the centre of Hillary Court to be re-purposed as a community facility;

(vi) notes that option f (provision of housing) will be explored with Urban Plus Limited as the likely developer of any agreed re-development sites;

(vii) note that option g (supermarket) would be investigated on the basis that the land would be leased to a possible supermarket operator;

(viii) notes that option h (overbridge) would be investigated on the basis that Greater Wellington Regional Council has the responsibility of managing assets (subway and station) related to the Naenae Railway Station and that the key issue identified by community was the safety concerns related to the current subway;

(ix) notes that the Spatial Plan team will continue to engage with the Naenae community about the development of a possible shared lane that would connect Sladden Street to Vogel Street through Hillary Court; and

(x) establishes a community-led, officer facilitated advisory group to help progress spatial plan work, and contribute to other Council projects in Naenae.”

i)	Council Committee Structure 2019-2022 Including Additional Appointments (20/1248) Report No. HCC2020/6/24 by the Contractor
	Speaking under public comment, Mr Matt Young supported the establishment of the Climate Change and Sustainability Committee. Mayor Barry advised the proposed new committee structure evolved out of the Council decision made in 2019 to undertake a 12 month review of the structure. The Contractor elaborated on the report. In response to questions from members, Mayor Barry advised there was no specific Tangata Whenua representation on the Climate Change and Sustainability Committee. He noted that Council’s Standing Orders provided for Tangata Whenua contribution to committees. Mayor Barry advised that the proposed committee structure better distributed the workload amongst councillors and sent a strong message to the community regarding the importance of climate change. He thanked everyone for their feedback in the drafting process. He confirmed two members had been added to the Audit and Risk Committee. Cr Sutton expressed concern with recommendation (xii). She believed the removal of Cr Milne from the Audit and Risk Committee and the Board of Seaview Marina Limited was a harsh and unjust penalty. She clarified she did not believe that Cr Hislop was unworthy of the appointment. Cr Bassett expressed support for Cr Sutton’s comments. The motion was taken in parts. Parts (i)-(xiv) were carried on the voices.
	Resolved: (Mayor Barry/Cr Dyer) Minute No. C 20634 “That Council: (i) notes that the Council committee structure that was adopted on 10 December 2019 has been reviewed following its first year of operation; (ii) notes that a revised committee structure consisting of two major standing committees of the whole (Policy, Finance and Strategy Committee and Communities Committee) and two smaller standing committees (Infrastructure and Regulatory Committee and Climate Change and Sustainability Committee) would spread the workload more evenly across committees, more clearly delineate the responsibilities of each committee and improve reporting lines through alignment with the new organisational structure that was implemented during 2020; (iii) adopts the revised committee structure outlined in Appendix 1 attached to the report for 2021 and 2022; (iv) notes that the committee terms of reference have been reviewed to reflect the responsibilities of the four standing committees, to clarify the role of the Audit and Risk Subcommittee, and to provide for the chairmanship of the Traffic Subcommittee to rotate between the Chair and Deputy Chair 18 months into a new triennium, i.e. as at the end of April in the year prior to the next local government election, along with other changes outlined in the report that will enhance the timelines for decision-making; (v) adopts the terms of reference for the revised committee structure, attached as Appendix 2 to the report, subject to amending the Audit and Risk Subcommittee Terms of Reference to include provision for one additional member; and merging the delegation of ‘Strategic decision making on urban design and spatial planning’ within the Policy, Finance and Strategy Committee with the ‘Community based urban design and spatial planning’ delegation within the Communities Committee to come under the Communities Committee; (vi) notes that Council’s Climate Change Working Group is disestablished as at 31 December 2020 as a result of its work being subsumed into that of the Climate Change and Sustainability Committee; (vii) notes that the Chairs and Deputy Chairs of the current Policy, Finance and Strategy Committee, Community and Environment Committee and Regulatory Committee will continue in these roles in the new Policy, Finance and Strategy Committee, Communities Committee and Infrastructure and Regulatory Committee respectively; (viii) appoints Cr Briggs as Chair, Cr Rasheed as Deputy Chair and Mayor Barry, Deputy Mayor Lewis, Cr Mitchell, Cr Edwards, Cr Brown and Cr Shaw as members to the Climate Change and Sustainability Committee; (ix) appoints Mayor Barry, Cr Dyer, Cr Shaw, Cr Brown, Cr Bassett and Cr Sutton as members to the Infrastructure and Regulatory Committee; (x) appoints Cr Edwards as Chair and Deputy Mayor Lewis as Deputy Chair to the District Plan Review Subcommittee; (xi) appoints Cr Edwards and Cr Rasheed to the Audit and Risk Subcommittee.”
	Resolved: (Mayor Barry/Cr Dyer) Minute No. C 20635 “That Council: (xii) appoints Cr Hislop to the Board of Seaview Marina Limited for a term of two years with remuneration of $7,000.00 per annum.”
	Resolved: (Mayor Barry/Deputy Mayor Lewis) Minute No. C 20636 “That Council: (xiii) appoints Cr Shaw as Deputy Chair to the Communities Committee; and (xiv) asks officers to prepare work required for Elected Member Remuneration in relation to the new committee structure.” For the reason that the revised committee structure will assist Council to promote the social, economic, environmental and cultural wellbeing of the city’s communities.

Updated Meeting Schedules for 2021 and 2022 (20/1349)

Report No. HCC2020/6/25 by the Contractor

The Contractor elaborated on the report.

Resolved: (Mayor Barry/Cr Brown) Minute No. C 20637

“That Council:

(i) notes the information contained in the report; and

(ii) adopts the updated meeting schedule for 2021 and the interim meeting schedule for 2022 attached as Appendices 1 and 2 of the report.”

For the reason that the Local Government Act 2002 requires that a local authority must hold the meetings that are necessary for the good government of its district.

Petition to Change Council's Street Naming Policy (20/1474)

Report No. HCC2020/6/300 by the Head of Democratic Services

Cr Brown left the meeting at 5.20pm and rejoined the meeting at 5.22pm.

Resolved: (Mayor Barry/Cr Brown) Minute No. C 20638

“That Council:

(i) receives and notes the report;

(ii) receives the petition from six Year 13 students from Wainuiomata High School attached as Appendix 1 to the report;

(iii) agrees to refer the petition to officers to inform their work as part of the review of the Street Naming Policy as agreed by the Regulatory Committee as its meeting held on 23 November 2020;

(iv) notes that a report will be presented to the Infrastructure and Regulatory Committee in 2021 that will include a response to the areas raised by the petition; and

(v) thanks the authors of the petition for the work that went into the petition.”

Update to Wellington Region Climate Change Working Group Terms of Reference (20/1517)

Report No. HCC2020/6/301 by the Senior Advisor Sustainability and Resilience

The Senior Advisor Sustainability and Resilience elaborated on the report. He advised that the Regional Climate Change Working Group had met on 27 November 2020 and had adopted the Terms of Reference without change.

Resolved: (Mayor Barry/Cr Mitchell) Minute No. C 20639

“That Council:

(i) endorses the proposed changes to the Wellington Region Climate Change Working Group Terms of Reference, with any additional requests for changes to the text to be provided as feedback to Greater Wellington Regional Council; and

(ii) confirms Cr Mitchell and Cr Briggs as the two elected representatives from Hutt City Council, subject to the approval of the new Terms of Reference by Greater Wellington Regional Council.”

For the reasons that:

· The re-naming as a Forum (from “Working Group”) more accurately reflects the current purpose of the Group.

· The increased number of elected members from one to two (with the commensurate removal of “alternate member”) status will provide a broader range of voices at the table.

· The increased mana whenua membership will allow a more democratic representation as of right by mana whenua in the region and will also facilitate their effective participation in the work of the group.

· The additional costs incurred from increasing the number of mana whenua representatives will be borne by GWRC.

9. Minutes

Resolved: (Mayor Barry/Deputy Mayor Lewis) Minute No. C 20640

“That the minutes of the meeting of the Hutt City Council held on Tuesday, 29 September 2020, be confirmed as a true and correct record.”

Resolved: (Mayor Barry/Cr Brown) Minute No. C 20641

“That the minutes of the meeting of the Extraordinary Meeting of Council held on Friday, 9 October 2020, be confirmed as a true and correct record.”

Resolved: (Mayor Barry/Cr Rasheed) Minute No. C 20642

“That the minutes of the meeting of the Hutt City Council held on Tuesday, 27 October 2020, be confirmed as a true and correct record.”

10. Committee Minutes without Recommended Items

a) Audit and Risk Subcommittee

21 October 2020

Resolved: (Mayor Barry/Cr Shaw) Minute No. C 20643

“That the minutes of the meeting held on 21 October 2020 be adopted.”

b) Hutt Valley Services Committee

20 November 2020

Resolved: (Cr Rasheed/Cr Shaw) Minute No. C 20644

“That the minutes of the meeting held on 20 November 2020 be adopted.”

c) Audit and Risk Subcommittee

25 November 2020

Resolved: (Mayor Barry/Cr Shaw) Minute No. C 20645

“That the minutes of the meeting held on 25 November 2020 be adopted.”

d) Long Term Plan/Annual Plan Subcommittee

27 October 2020

Resolved: (Mayor Barry/Cr Edwards) Minute No. C 20646

“That the minutes of the meeting held on 27 October 2020 be confirmed.”

11.

Sealing Authority (20/1209)

Report No. HCC2020/6/9 by the EA to Director of Transformation & Resources

Resolved: (Mayor Barry/Deputy Mayor Lewis) Minute No. C 20647

“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

Standard easements and related requirements granting rights to Council as part of the subdivision process:

a) Rajendra Raj Pillay and Pushpa Pillay

6 Cressy Street, Lower Hutt, L20/82

(re-signed due to errors found by LINZ)

b) Hutt City Council and Mark Philip Gray

2 Purdy Street, Lower Hutt, L20/112

c) Hutt City Council and RS Curtis Trustees Limited

6 Clement Grove, Lower Hutt, L20/142

d) Hutt City Council and Malmot Developments Limited

1 Melvill Grove, Lower Hutt, L20/144

e) Hutt City Council and SMALC Properties Limited

25 Benge Crescent, Naenae, Lower Hutt, L20/169

f) Hutt City Council and Parkway Rise Limited

80 Parkway South, Wainuiomata, Lower Hutt, L20/164

g) Hutt City Council and Williams Corporation Trading 6 Limited

36 Mitchell Street, Lower Hutt, L20/162

h) Hut City Council and Sarah Brooke Senior and Ashley Philip Senior

11 Molesworth Street, Lower Hutt, L20/180

Sale and Purchase Agreement

i) Hutt City Council and Crescat Limited (as trustee for the Tom Hudig Trust)

Area of footpath adjacent to 231 Marine Drive, Eastbourne, L20/107

Discharge of Statutory Land Charge

j) Hutt City Council and Florence Julia McFarlane

299 Muritai Road, Eastbourne, Lower Hutt, DOC/2/107940

Building Line Restriction Removal

k) Hutt City Council and Ian Edward Mills, Susan Joan Mills and Ian Stewart Avison

235 Marine Drive, Lowry Bay, Lower Hutt, L20/161

Partial Removal of a Building Line Restriction

l) Hutt City Council and Robert Ritossa and Julie Moulton

2 Short Street, Wainuiomata, Lower Hutt, L20/159

SCHEDULE 2

Deed of Covenant

m) Hutt City Council and Gavin Michael Burgess and Penelope Jane Burgess
84 Viewmont Drive, Harbourview, Lower Hutt, L20/150

Lease of Reserve Land

n) Hutt City Council and Wainuiomata BMX Club

Hugh Sinclair Park, Wainuiomata, Lower Hutt, L20/145

Deed of Surrender

o) Hutt City Council and Les Coulson

Boatshed 3 – Hikoikoi Reserve, Lower Hutt, L20/137.”

12. QUESTIONS

There were no questions.

13. EXCLUSION OF THE PUBLIC

Resolved: (Mayor Barry/Cr Briggs) Minute No. C 20648

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

14. Minutes

9 October 2020

15. Seeking Approval for the Purchase of Building (20/1603)

The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

(A)	(B)	(C)

General subject of the matter to be considered.	Reason for passing this resolution in relation to each matter.	Ground under section 48(1) for the passing of this resolution.


Minutes of the Hutt City Council held on 9 October 2020 – Chief Executive’s Report on the Code of Conduct Complaint against Councillor Milne.	The withholding of the information is necessary to enable Council to deliberate in private on its decision or recommendation in any proceedings (s48(1)(d)).	That the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding exist.

Seeking Approval for the Purchase of Building.	The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) (s7(2)(i)).	That the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding exist.

This resolution is made in reliance on section 48(1) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by section 6 or 7 of that Act which would be prejudiced by the holding of the whole or the relevant part of the proceedings of the meeting in public are as specified in Column (B) above.”

There being no further business the Chair declared the public portion of the meeting closed at 5.32pm and the non-pubic portion of the meeting closed at 6.45pm.

C Barry

MAYOR

CONFIRMED as a true and correct record

Dated this 24th day of March 2021

Message from Three Waters Reform Steering Committee Chair