RESOLVED

THAT the apology of Crs I D Troughton, D C Lockwood and S G Baker be received and sustained.

07/845 Tregidga/Gordon CARRIED

There were no late items.

ORDINARY MEETING HELD THURSDAY 28 JUNE 2007

RESOLVED

THAT the minutes of the meeting of the Hauraki District Council held on Thursday 28 June 2007 be taken as read and confirmed.

07/846 Carmine/Bubb CARRIED

PLAN CHANGE 12 TO THE OPERATIVE DISTRICT PLAN (80.000.312) (113KB)

A report was presented by the Planning and Environmental Services Manager regarding Councils proposed Plan Change 12. No submissions concerning the plan change have been received

RESOLVED

THAT the report be received

07/847 Gray/Trembath CARRIED

AND THAT the decision of the commissioner as follows be noted:

Having had regard to the provisions of the Resource Management Act 1991, in particular the requirements of Section 32 to consider alternatives, the necessity of the proposed provisions to achieve the purpose of the RMA; and

Having considered the relevant planning instruments; and

Having assessed the effects on the environment of adopting the changes to the Hauraki District Plan zoning proposed within Proposed Plan Change No 12; and

Having considered the application, the supporting evidence, and the independent planning report; and

Acting under a delegation from the Hauraki District Council to consider and make a recommendation on Proposed Plan Change No 12; and

For the reasons set out in the text of this recommendation:

The Manager of Planning and Environmental Services (Hauraki District Council) decided that:

Pursuant to Clause 10 of the First Schedule to the Resource Management Act 1991, the Hauraki District Council approves as set out in Attachment 1 – ‘Schedule of Amendments to Hauraki District Plan’ and Attachment 2 – ‘Amended Operative Hauraki District Plan – Map K4’, Proposed Plan Change No 12 – Union Street, Waihi for the following reasons:

a) The subject properties are adjoined by residential development on all boundaries with the exception of the boundary between one of the subject properties (51 Union Street) and 46 Johnston Street (SG Baker Factory). It is proposed to realign the 20m Amenity Protection Area notation within 46 Johnston Street to be along the boundary between this property and 51 Union Street to provide a "buffer zone" between the Industrial (Light) zone and the proposed Residential zone.

b) The option of rezoning the subject properties to reserve would be inappropriate as one of the sites is privately owned and would require the acquisition of this property at a cost to the ratepayer. "Doing nothing" would not accurately reflect the existing use of one of the subject properties (51 Union Street) and the general usage of this area. There are only three non-residential properties in the area, two of which are those affected by the proposed plan change.

c) The option of retaining the land with its current Industrial (Light) zoning may result in activities of an industrial nature establishing in an area that is largely residential which could result in a number of potential conflicts between the two zonings. Examples of effects commonly include glare, traffic movements, noise, dust and visual effects.

d) The zoning for the property identified as 53 Union Street (previously a Hauraki District Council works depot) is largely a historic zoning. The works depot has existed at this location since the early 1900’s and was progressively surrounded by residential properties since its creation. The depot has since been relocated to a more suitable location and the workshop building previously located on the property has been recently removed. The proposed plan change seeks to change the zoning of this property to more accurately reflect the general use of properties in this area.

e) The proposed plan change will allow the creation of three residential properties which will provide for the better utilisation of these two lots.

07/848 Carmine/Gordon CARRIED

PLAN CHANGE 12 TO THE OPERATIVE DISTRICT PLAN - APPROVAL UNDER CLAUSE 17 AND DECLARATION UNDER CLAUSE 20 RESOURCE MANAGEMENT ACT 1991 (80.000..312) (21KB)

A report was presented regarding the approval and declaration of Proposed Plan Change 12.

RESOLVED

THAT the report be received.

07/849 CARRIED

RESOLVED

THAT pursuant to Clause 17 of the first schedule of the Resource Management Act 1991, Council approves Proposed Plan Change 12 to the Operative Hauraki District Plan

AND THAT Council declares that Plan Change 12 to the Operative Hauraki District Plan becomes operative from 6 August, 2007.

07/850 Trembath/Hayden CARRIED

ADOPTION OF PART 1, 2 AND 3 CONSOLIDATED BYLAW (01.711.999) (43KB)

A report was presented regarding the adoption of the Consolidated Bylaw - Parts 1, 2 and 3.

RESOLVED

THAT the report be received.

07/851 Milner/Gray CARRIED

After considerable discussion concerning the keeping of roosters in an urban area, it was agreed that the bylaw in relation to the keeping of roosters be modified. Roosters will not be banned but will be dealt with under the ‘Nuisance’ clause.

RESOLVED

AND THAT Council determines that the proposed Part 1 (Introduction), Part 2 (Public Safety) and Part 3 (Land Transport) of the Hauraki District Council Consolidated Bylaw 2007 are the most appropriate way of addressing the perceived problems

AND THAT Council determines that the proposed Part 1 (Introduction), Part 2 (Public Safety) and Part 3 (Land Transport) of the Hauraki District Council Consolidated Bylaw 2007are in the most appropriate form

AND THAT Council determines that the proposed Part 1 (Introduction), Part 2 (Public Safety) and Part 3 (Land Transport) of the Hauraki District Council Consolidated Bylaw do not give rise to any implications under the New Zealand Bill of Rights Act 1990

AND THAT Council resolves to undertake due process for the passing of the proposed Part 1 (Introduction), Part 2 (Public Safety) and Part 3 (Land Transport) of the Hauraki District Council Consolidated Bylaw

AND THAT Council resolves that Part 1 (Introduction), Part 2 (Public Safety) and Part 3 (Land Transport) of the Hauraki District Council Consolidated Bylaw shall become operative on 1^st September 2007

AND THAT Council resolves to revoke the Bylaws in Annexure A with effect from the date of operation of Part 1 (Introduction), Part 2 (Public Safety) and Part 3 (Land Transport) of the Hauraki District Council Consolidated Bylaw 2007.

AND THAT Clause 5.4.3 (a) of Part 3 (Public Safety) be deleted and that roosters be dealt with under Clause 5.4.6

07/852 Milner/Carmine CARRIED

Council workshop on Development Contributions (70.000.994)

Section 102(4) (d) of the Local Government Act, 2002 requires Council to adopt a financial policy on development contributions or financial contributions, and to include the adopted policy in the Operative LTCCP. Attached is a report outlining the development contributions review process.

The Planning and Environmental Manager welcomed Mr Rob Bates (Consultant) who presented a draft position paper for Councils consideration and David Burton (Maunsell Consulting) to assist in answering any questions.

RESOLVED

THAT the Council:

Proceed with the formulation of a development contributions policy under the Local Government Act 2002, subject to all the necessary statutory requirements being completed, but that it retain (subject to amendment) requirements in its district plan for local on-site works to be carried out by developers to avoid, remedy or mitigate the local effects of development activity; and that

Under the discretion provided to it under Sections 78 and 82(3) of the LGA, not carry out further consultation on the assessment of options, prior to proceeding with policy formulation, for reasons that:

consultation has already taken place on the matter during the preparation and adoption of the Hauraki Community Plan 2006-2016

consultation takes place with persons likely to be affected, including consideration of the available options, during the formulation of the draft policy and subsequently during the Special Consultative Procedure.

07/853 Milner/Trembath CARRIED

CITIZENS & YOUNG ACHIEVERS AWARDS 2007 (01.999.051 & 01.999.054) (18KB)

A report was presented from the Community Services Manager regarding the Citizen’s and Young Achiever’s Awards 2007.

The Selection Committee has met and considered the nominees in which there was a good number of applicants put forward. The outcome will be made public at the Awards evening on 8^th August at the Waihi Memorial Hall.

RESOLVED

THAT the report be received.

07/854 Carmine/Gordon CARRIED

REQUEST FOR FINANCIAL ASSISTANCE - WHIRITOA LIFEGUARD SERVICE (02.003.001) (19KB)

A report was presented by the Community Services Manager regarding a request from the Secretary of the Whiritoa Lifeguard Service seeking financial assistance in the form of a waiver of consent fees required for the construction of a disability toilet and shower they propose to install in their building.

The organisation has advised they have sought funding assistance for the project from Trust Waikato and intend to fund the balance from their own reserves.

RESOLVED

THAT the report be received.

07/855 Bubb/Hayden CARRIED

RESOLVED

THAT a grant of up to $1000 for the consent fees be made as follows; $500 each from the Waihi Ward Discretionary Grants Fund and from the district Discretionary Grants Fund, all subject to the Club being successful in securing the appropriate amount of funding it intends to source to complete the project and that Council be formally advised of that in due course by way of a financial statement.

07/856 Bubb/Hayden CARRIED

ROAD STOPPING - POET’S CORNER, WAIHI (03.40.861 & 40.861.999) (23KB)  

A report from the District Property Officer was presented regarding consent to stop a width of Poets Corner Road, Waihi.

RESOLVED

THAT the report be received.

07/857 Gray/Trembath CARRIED

RESOLVED

THAT Council pursuant to Section 116 of the Public Works Act 1981 hereby gives consent for the stopping of an area of Poet’s Corner Road shown as Area A to reduce the road width to 12 metres being 530 m² more or less on the attached plan and that the land be amalgamated with the adjoining land parcel Lot 5 DP 348891 shown as Area B on the attached plan.

AND THAT further, Mr and Mrs Ritchie pay no consideration for the land transferred as a result of the stopping but that all other costs associated with the process are met by Mr and Mrs Ritchie (road stopping, survey, administration and legal).

07/858 Trembath/Hayden CARRIED

ROADING MANAGERS REPORT (01.001.029) (51KB)

The Roading Manager reported on roading matters for the month of May 2007. The report was attached for the members’ information.

RESOLVED

THAT the report be received.

07/859 Meyer/Trembath CARRIED

HDC 280: Maintenance of Street Lighting 2004-2006

It was advised that a complaint has been received from a number of property owners concerned about the intrusion the walkway lights are creating by shining into their properties at night. Council agreed that the lights should remain and continue to be lit during the evening. This will be recommended to the Whiritoa Liaison Committee.

A letter of application for financial assistance has been received from Aitchison Civil Design (ACD) on behalf of Rogers Farm 76 Campbell Road Waihi. This letter was attached as Appendix 1.

A report to the Works Committee in May 1999 recommended that the Council grant for stock underpasses be a maximum of 20% of the construction value, or $10,000 whichever is the least.

The applicant has been requested to provide additional technical data to support the application. The estimated value for the work is $79,000 which was detailed in Appendix 2. The applicant seeks a grant of $10,000 from Council for the construction of the underpass.

RESOLVED

THAT a grant of $10,000 be approved providing the applicant is able to satisfy Councils consent conditions:

1. Approved building consent

2. The engineering plans, conditions and construction standards are to the satisfaction of the District Engineer.

AND THAT a condition of approval of funding is that the stock underpass be used for all crossing movements except for emergencies when it was not possible to use the underpass.

07/860 Gordon/Bubb CARRIED

The International Charter for Walking (Appendix 3) is to encourage Local Authorities around NZ to support and promote walking within the community. Signing the charter does not commit Council to any specific actions or budgetary implications but provides a positive indicator of support to Walking for health, transport, environmental and local economic benefits.

It was requested that Council endorse the initiative of becoming a signatory to the International Charter.

RESOLVED

THAT Hauraki District Council becomes a signatory to the International Charter for Walking because of the positive community benefits that are derived.

07/861 Bubb/Carmine CARRIED

UTILITIES MANAGER’S REPORT (01.011.025) (105KB)

The Utilities Manager has reported on district utilities for the month of May 2007. The report was attached for the members’ information.

RESOLVED

THAT the report be received.

07/862 Milner/Trembath CARRIED

Major Capital Projects – Agrecovery

Agrecovery is a programme that has been instigated with the sponsorship of a number of manufacturers of agricultural chemicals to recover plastic chemical containers. The containers will be collected at the Paeroa Transfer Station. One problem that has arisen is that anyone who brings in containers from manufacturers who are not participating in the sponsorship will need to place official stickers that cost $2.25 each on each container that does not qualify. As some people will be unaware of this, Council has decided to have an amnesty on these containers for three months and we will provide the stickers free of charge. When the three months is up the stickers will need to be purchased, but Council will have a supply at the transfer stations to be purchased.

RESOLVED

THAT as part of the Agrecovery programme a three month amnesty be implemented on the collection of plastic chemical containers

AND THAT at the end of the amnesty a cost of $2.25 per container will apply to the non Agrecovery brand containers.

07/863 Trembath/Meyer CARRIED

Storm Damage Amnesty

Council has agreed to grant an amnesty on green waste for two weekends at its transfer stations to enable people to dispose of storm damaged vegetation at no cost.

DRAINAGE MANAGERS REPORT (01.011.028) (26KB)

The Drainage Manager has reported on district drainage matters for the month of May 2007. The report was attached for the members’ information.

THAT the report be received.

07/864 Milner/Challis CARRIED

JIADING DELEGATION VISIT JUNE 2007 (01.999.57) (23KB)

The Economic Development Officer reported on the June 2007 Jiading delegation visit.

RESOLVED

THAT the report be received.

07/865 Bubb/Milner CARRIED

The meeting closed at 2.10pm.

CONFIRMED

J P Tregidga

26 July 2007