There were no apologies.

There were no late items.

MEETING HELD THURSDAY 12 AUGUST 2004

RESOLVED

THAT the minutes of the meeting of the Planning and Finance Committee held on Thursday 12 August 2004 be taken as read and confirmed.

PF04/112 Gordon/Laurich CARRIED

Cllr Gordon enquired following the visit by Inspector A Boreham if a reporting system was being put in place to take up the offer made by the Inspector. Staff explained that since the August Planning & Finance Committee meeting, Inspector Boreham had written to the Matamata-Piako, Thames-Coromandel and Hauraki District Councils offering the formation of a forum to prepare a Community Safety Partnership Action Plan. It was envisaged that the forum is established with the new Councils following the October elections.

COMMUNITY SERVICES MANAGER MONTHLY REPORT (01.012.022) (20KB)

The Community Services Manager’s monthly report is attached for the Committee’s consideration.

RESOLVED

THAT the report be received.

PF04/113 Laurich/Hayden CARRIED

Waihi Library Centennial

The Community Services Manager reported on the discussions held with staff of suggested ways in which the 100^th year of service of the Waihi Public Library could be celebrated.

Various suggestions were put forward. To create a bookmark with appropriate wording, have a special cake to cut, mannequin dressed in period costume, some photographs of days gone by, and other decoration. As October 3 is a Sunday, it is suggested that Monday, October 4 be the day on which the cake is cut. Pieces of the cake would be offered to library visitors during the week. The approximate cost for the occasion would be $600.

RESOLVED

THAT the 100^th year of Public Library services in Waihi be symbolically marked by the cutting of a special cake on Monday October 4, 2004 and that the Mayor officiates at the ceremony.

PF04/114 Lockwood/Munro CARRIED

The Community Services Manager outlined a report regarding a request received from the Lions Club of Ngatea, seeking to purchase a section from the second stage of development at Benner Drive on a deferred payment arrangement.

The objective of the Club is to raise funds for the community through the construction and sale of a house and landscaping etc.

If Council agrees to the proposal, the sale would be a direct arrangement with Council, a time limit will need to be set for the eventual purchase of the land from Council to safeguard Council in the case of any problems arising.

RESOLVED

THAT Council advises the Lions Club of Ngatea that it will enter into a deferred payment agreement to sell to them a section from the second stage of development at Benner Drive subject to the following:

AND THAT the section is to be selected in consultation with Council representatives

AND THAT the sale price will be the list price for the respective land parcel less real estate commission

AND THAT on whichever event is the sooner, payment in full be made to Council within 18 months of the Sale and Purchase agreement being signed or, immediately following an auction which satisfies the advised objective of the Club.

AND THAT in the unlikely event of the project falling into contest with creditors and/or any other claimants, Council’s retention of its asset is assured

AND THAT the arrangement is additionally subject to any other protection measures considered necessary by Council’s legal adviser.

PF04/115 Lockwood/Hayden CARRIED

The Community Services Manager outlined a request from the Kaihere Hall Committee expressing their intention to relocate ‘their’ community hall building across State Highway 27 onto a new site on school land, which is administered by the Ministry of Education. It is the intent of the Hall Committee to relocate the building and remove the dangers that exist when pupils from the local school are walked across the highway to activities within the hall. To some degree the proposed new location would make it safer for anyone visiting the hall.

A problem of determining ownership of the hall and, land presently occupied by the hall, has to be overcome first. The purpose of this submission is to ask if it would be acceptable for Council to agree to receive the property into its name to help achieve the outcome as sought by the Hall Committee. The Committee seeks to be able to sell the vacated land in Ohinewai Road to off set costs of relocation.

RESOLVED

THAT Council on the proviso that acceptance of transfer of the Hall property as suggested by the solicitor for the Ministry of Economic Development, allowed for a process to achieve the desired outcome as described above in the Community Services Manager’s report, without undue problems for Council and the Kaihere Hall Committee, then Council would accept ownership of the property by way of transfer at nil consideration on the understanding that the asset belongs to the Kaihere community as defined by the Special Hall Rating Area and that Council will act in accordance with the majority decision of the ratepayers within the special rating area provided that is legally permissible to do so.

PF04/116 Morrison/Laurich CARRIED

The Community Services Manager presented a report of the subdivision regarding Councils intention to relocate the Works Depot from Union Street to a section that Council has retained from its last stage of development at Dean Crescent. A copy of the site plan was attached.

A local contracting company has expressed an interest in taking up a lease which provides comfort to the proposition. Presently, staff are costing the relocation project and are also awaiting the results of some soil tests at Union Street to determine what site rehabilitation is required to make the land suitable for residential accommodation. It has been considered that a fence be constructed at the frontage of the Dean Crescent site and install gates to stop people illegally dumping on the section. It is preferred to fence off the remaining three sides of the perimeter of the two areas which are approximately 2000m2 each and install vehicle crossings.

RESOLVED

THAT Council fences off the remaining unfenced boundaries of Lot 12’s perimeter, installs the appropriate vehicle crossing, and enters into formal negotiation to lease Area "B" as shown on the attached plan.

PF04/117 Laurich/Hayden CARRIED

His Worship, the Mayor left the meeting at 2.15pm.

CORPORATE SERVICES DEPARTMENT REPORT (01.012.024)

The Corporate Services Manager did not submit a report this month.

DELEGATED MATTERS (01.010.001)

Reports of the matters dealt with by way of delegation from the period 1st August 2004 were attached separately for the Committee’s information.

RESOLVED

THAT the reports of delegated matters be received.

PF04/118 Gordon/Laurich CARRIED

PLANNING & ENVIRONMENTAL SERVICES REPORT (01.012.023) (23KB)

The Planning and Environmental Services Manager reported on the recent activities of the Planning and Environmental Services Department.

The report, which includes details on both the Consents and Monitoring Divisions, was attached for the Committee’s consideration.

RESOLVED

THAT the report be received.

PF04/119 Munro/Gordon CARRIED

Building Act 2004

The Planning and Environmental Services Manager outlined the role Council has to take as a building authority due to the recent law changes to the Building Act 2004. From the Councils perspective, the Building Act will make substantial changes to Councils’ responsibilities. There are a number of changes that will have to be effected by Council to satisfy the new requirements and it was considered that Council's staff were well equipped to make those changes without too much upheaval. The full impact of the changes is not known but progress of those changes will be duly advised.

Favona Consent Order

A brief background to the Favona consent order was provided and the matter of an extension to the blasting vibration times were discussed, however it was viewed as a compromise between the economics of operating the blasting process in a working mine and what was considered to be a acceptable on a reasoned basis.

Discussion was held regarding the concern of noise levels from the Martha Mine over recent weeks. It was advised that the expected noise nuisance will abate as the level of operation decreases due to the reduction of working space at the bottom of the pit which will only permit one digger to operate. This will in turn will reduce the number of trucks required to transport material within the site.

DRAFT DOG CONTROL BYLAW 2004 (63.100.000) (17KB)

A report from the Supervisor (Environmental Services) was presented regarding the Dog Control Bylaw.

The Planning & Environmental Services Manager in response to a question advised that the Bylaw can be amended provided that consultation had been carried out and in this case it had.

RESOLVED

THAT the report be received

AND THAT Council, by resolution publicly notified, amend its existing Control of Dogs Bylaw to be the Control of Dogs Bylaw, 2004 to give affect to the Control of Dogs Policy 2004

AND THAT the Control of Dogs Bylaw 1991 be repealed from Monday 19 October, 2004

AND THAT the Control of Dogs Bylaw, 2004 come into force on Monday 19 October, 2004.

PF04/120 Gordon/Tregidga CARRIED

HEARINGS COMMITTEE – POST ELECTION (01.010.023) (14KB)

A report was presented by the Planning and Environmental Services Manager regarding the appointment of Commissioners delegated by Council to have the powers of the Hearings Committee to progress a consent or other resource management matter covering the period 9 October 2004 to the date on which the new Hearings Committee is appointed.

RESOLVED

THAT the report be received

AND THAT pursuant to Section 34A of the Resource Management Act, 1991 Councillors Tregidga, Carmine, Gordon and Hayden be appointed as Commissioners and to have all of the powers delegated to the Hearings Committee by the Council covering the period 9 October 2004 to the date on which the new Hearings Committee is appointed.

PF04/121 Munro/Laurich CARRIED

RESOURCE MANAGEMENT TRAINING (01.010.023) (15KB)

A report was presented by the Planning and Environmental Services Manager regarding a training programme for Councillors who will be involved in Resource Management matters following the 2004 triennial elections.

RESOLVED

THAT the report be received

AND THAT should a District Plan Review committee or sub-committee be appointed following the triennial elections its members be registered for the training, assessment and certification programme for Resource Management Act decision makers.

PF04/122 Munro/Tregidga CARRIED

PROPOSED DISTRICT PLAN REVIEW (80.000.216) (15KB)

A report was presented by the Planning and Environmental Services Manager regarding Councils’ review of the Operative District Plan.

The Planning and Environmental Services Manager explained that it was encumbant on Council to review the Plan every ten years and that the ten years had now expired. He advised that although there is some flexibility of time, September 2007 was the very latest in which the district plan must be reviewed. However, it was considered wise to commence the review at the earliest convenience.

RESOLVED

THAT the report be received.

PF04/123 Gordon/Tregidga CARRIED

RESOLVED

THAT Council commence the ten yearly review of its Operative District Plan in the 2004/05 year

AND THAT a position paper be prepared for incoming Council on the District Plan review and timetable.

PF04/124 Carmine/Laurich CARRIED

TRIENNIAL RESIDENTS SURVEY 2004 (70.000.999)(21KB)

A report was presented by the Planning and Environmental Services Manager regarding the Triennial Residents Survey 2004.

RESOLVED

THAT the report be received.

PF04/125 Laurich/Gordon CARRIED

RESPONSE TO ENVIRONMENT WAIKATO’S LTCCP (70.000.999)(16KB)

A report was presented by the Planning and Environmental Services Manager regarding the response received following Council’s submission to Environment Waikato‘s Long Term Council Community Plan.

RESOLVED

THAT the report be received.

PF04/126 Laurich/Munro CARRIED

The District Engineer tabled a report regarding the proposal to purchase a new dump truck for Council's Tetleys Quarry.

RESOLVED

THAT the report be received.

PF04/127 Gordon/Tregidga CARRIED

RESOLVED

THAT the purchase of a new Moxy MT31 dump truck at the price of $355,000 excluding GST be approved and an order placed with Mimico, P O Box 202, Rawhiti Ave, Matamata.

AND THAT the present fleet of dump trucks be retained.

PF04/128 Tregidga/Gordon CARRIED

The meeting adjourned between 3.25pm and 3.40pm.

MATTERS TO BE TAKEN WITH THE PUBLIC EXCLUDED

THAT pursuant to Section 48(a) of the Local Government Official Information and Meetings Act 1987, the public be excluded from the proceedings of the meeting during which the matter listed below will be dealt with ON THE GROUNDS THAT the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information where the withholding of the information is necessary to enable the local authority:

Subject: Property Matters – Land Purchase, Ngatea and Golden Cross, Waitekauri (DELETED)

PF04/129 Laurich/Gordon CARRIED

RESOLVED

THAT the public be re-admitted to the meeting and the business discussed confirmed.

PF04/133 Laurich/Gordon CARRIED

The meeting closed at 3.40pm

CONFIRMED

D M Carmine

October 2004