HAURAKI DISTRICT COUNCIL

EXTRAORDINARY MEETING

MINUTES OF A EXTRAORDINARY MEETING OF THE HAURAKI DISTRICT COUNCIL HELD IN THE COUNCIL CHAMBERS, WILLIAM STREET, PAEROA ON WEDNESDAY 14 NOVEMBER 2007 COMMENCING AT 9.00 AM

PRESENT

His Worship the Mayor Mr J P Tregidga (In the Chair), Crs S G Baker, J M Bubb, D M Carmine, D E Challis, C Francis, B A Gordon, G Harris, M J Hayden, G Leonard, T J Meyers, P A Milner, Mr H Shepherd and J Thorp

   

IN ATTENDANCE

Messrs L D Cavers (Chief Executive), K D Thompson (District Engineer),

R G Paterson (Community Services Manager), R H Leonhart (Corporate Services Manager), M Buttimore (Planning & Environmental Services Manager), G Thomsen (Roading Manager), I D McLeod (Drainage Manager) and Ms C Black (Council Secretary)

APOLOGIES

LATE ITEMS

Pursuant to Section 46A(7) of the Local Government Official Information and Meetings Act 1987, the Chairperson called for late items to be accepted.

RESOLVED

THAT pursuant to Section 46A(7) of the Local Government Official Information and Meetings Act 1987, the following late items be accepted for discussion.

Request for sewer rising main relocation 20 Benner Drive, Ngatea

The item was not on the agenda because the item was unavailable at the time of the agenda deadline.

Discussion on the item could not be delayed because the item required the consideration of Council before the next scheduled meeting.

07/1062 Gordon/Baker CARRIED

 

REPORTS

COUNCIL COMMITTEES AND PORTFOLIO’S (365782)

A report was presented from the Chief Executive regarding the Mayors recommendations for appointments to Committees, portfolios, Council appointments, meeting dates and meeting venues.

RESOLVED

THAT the report be received.

07/1063 Baker/Carmine CARRIED

COMMITTEES

RESOLVED

THAT in accordance with Schedule 7, Clause 30 of the Local Government Act 2002 the Council appoints the following Committees;

  • Audit

  • District Plan

  • Hearings

  • Consultative Committee Water and Waste

  • Pensioner Flats Allocation

  • Councillor Remuneration

  • CEO Performance Assessment

  • Economic Development

  • Councils Organisations Appointment Subcommittee

  • Tetley’s Quarry

  • Waihi Beach Leasehold Subcommittee

  • District Reserves Committee

  • Road Safety Committee

  • Paeroa Ward

  • Plains Ward

  • Waihi Ward

  • Western Plains Drainage District Committee

  • Eastern Plains Drainage District Committee

  • Paeroa Rural Drainage District Committee

07/1064 Carmine/Bubb CARRIED

MEMBERSHIP OF COMMITTEES

RESOLVED

THAT in accordance with Schedule 7, Clause 31 of the Local Government Act 2002 the Council appoint the following members to the respective committees, and that the Chairperson and Deputy Chairperson of the committee be as indicated.

Audit John Tregidga (Chairperson)
  Mary Carmine (Deputy Chairperson)
  Bruce Gordon
   
District Plan Bruce Gordon (Chairperson)
  Mary Carmine (Deputy Chairperson)
  Paul Milner
  Mike Hayden
  Julie Bubb
  Greg Harris
   
Hearings Mary Carmine (Chairperson)Bruce Gordon(Deputy Chairperson)
  Julie Bubb
  Gill Leonard
   
Consultative Committee Water and Waste Sel Baker (Chairperson)
  Don Challis (Deputy Chairperson)
  Greg Harris
  Tom Meyers
   
Pensioner Flats Allocation Julie Bubb (Chairperson)
  Sel Baker (Deputy Chairperson)
  Gill Leonard
   
Councillor Remuneration John Tregidga (Chairperson)
  Mary Carmine (Deputy Chairperson)
  Bruce Gordon
   
CEO Performance Assessment John Tregidga (Chairperson) Ward Chairs
   
Economic Development Mike Hayden (Chairperson)
  Bruce Gordon (Deputy Chairperson)
  Colin Francis
  James Thorpe
   
Councils Organisations Appointment John Tregidga (Chairperson)
Subcommittee Mary Carmine (Deputy Chairperson)
  Ward Chairs (or Deputy Ward Chairs if the Ward Chair can not attend)
   
Road Safety Committee Tom Meyers (Chairperson)
  Don Challis (Deputy Chairperson)
  James Thorp
   
Tetley’s Quarry Sel Baker (Chairperson)
  Bruce Gordon
  Tom Meyers
  John Tregidga (Deputy Chairperson)
  Don Challis
   
Waihi Beach Leasehold Subcommittee Sel Baker (Chairperson)
  Mary Carmine (Deputy Chairperson)
  Mike Hayden
  Harry Shepherd
   
District Reserves Committee John Tregidga (Chairperson)
  Ward Chairs
   
Paeroa Ward Committee Julie Bubb (Chairperson)
  Paul Milner (Deputy Chairperson)
  Tom Meyers
  James Thorp
  John Tregidga
   
Plains Ward Committee Bruce Gordon (Chairperson)
  Don Challis (Deputy Chairperson)
  Gill Leonard
  Greg Harris
  John Tregidga
   
Waihi Ward Committee Sel Baker (Chairperson)
  Mike Hayden (Deputy Chairperson)
  Mary Carmine
  Colin Francis
  Harry Shepherd
  John Tregidga
   
Drainage Committees  
Western Greg Harris (Alternate - Don Challis or Tom Meyers)
Eastern Don Challis (Alternate - Tom Meyers or Greg Harris)
Paeroa Rural Tom Meyers (Alternate - Greg Harris or Don Challis)
   

07/1065 Shepherd/Milner CARRIED

 

MEETING DATES

RESOLVED

That the following list of meeting days be adopted:

Meetings of Council

The third to last and last Wednesday in each month.

Ward Committee Meetings

The third to last Tuesday in each month.

Water and Waste Meetings

The fourth to last Tuesday in every second month.

Hearings Committee Meetings

The second to last and fourth to last Thursdays in each month (if required).

07/1066 Gordon/Shepherd CARRIED

Noted: Cr Milner voted against the motion.

 

MEETING VENUES

RESOLVED

THAT all of the above meetings be held in the Council Offices, William Street, Paeroa.

07/1067 Baker/Bubb CARRIED

 

MEETING TIMES

RESOLVED

THAT the meetings listed above commence at the following times:

Council Meetings 9.00 am

Ward Committees

Plains 9.00 am

Paeroa 12.30 pm

Waihi 2.30 pm

Consultative Water and Waste Committee 10:00 am

Hearings Committee 9.00 am

Drainage Committees

Western Plains Drainage District 10.30am

Eastern Plains Drainage District 1.30 pm

Paeroa Rural Drainage District 1.30pm

07/1068 Milner/Leonard CARRIED

MAYOR TO BE EX OFFICIO ON ALL COMMITTEES AND SUB-COMMITTEES

In accordance with the Clause 2.9.5 of the Standing Orders (NZS 9202:2003) the Mayor of the local authority may be appointed an ex-officio member of any committee other than a community board or a quasi-judicial committee (i.e. Hearings Committee). It has been Council’s practice to appoint the Mayor as an ex-officio member of all committees and subcommittees.

RESOLVED

THAT the Mayor be appointed as an ex-officio member on all Council Committees and Sub-Committees with the exception of the Hearing Committee.

07/1069 Gordon/Meyers CARRIED

 

DECEMBER AND JANUARY MEETINGS

In December it is usual for the Council meeting to be held a week early as it is common that the last Wednesday is in the Christmas vacation period. It is suggested that the normal end of month Council meeting be held on Wednesday 19 December 2007.

As the later meeting is brought forward it is suggested that if two meetings are required in December that the earlier meeting also be brought forward a week as well. In this regard, the earlier meeting would be held on Wednesday 5 December 2007. However, due to the closeness of the end of November meeting it is suggested that only one meeting be held in December 2007.

In January it has been normal practice to only have a single meeting of Council at the end of the month and not to have any committee meetings. In this regard it is suggested that the only meeting be of the full Council and that it be held on Wednesday 30 January 2008.

RESOLVED

THAT December Council meeting be held on Wednesday 19 December 2007 and that there be no Ward Committee or other committee meetings in January 2008 and that the Council meeting in January be held on Wednesday 30 January 2008.

07/1070 Hayden/Thorpe CARRIED

 

APPOINTMENT TO THE WAIKATO CIVIL DEFENCE EMERGENCY MANAGEMENT GROUP

Section 13 of the Civil Defence and Emergency Management Act 2002 requires that every local authority must be a member of a Civil Defence Emergency Management Group and that each local authority that is a member of a Group with other local authorities must be represented on the Group by 1, and only 1, person, being the Mayor of that local authority or an elected person from that local authority who has delegated authority to act for the Mayor.

The Hauraki District Council is a member of the Waikato Civil Defence Emergency Management Group and is required to appoint the Mayor or an elected person who has delegated authority to act for the Mayor.

RESOLVED

THAT the Mayor be appointed to be Council’s representative on the Waikato Civil Defence Emergency Management Group;

AND THAT in the absence of the Mayor Councillor Colin Francis (as first alternative) or Councillor Mary Carmine (as second alternative) have delegated authority to act for the Mayor as the Council’s representative on the Waikato Civil Defence Emergency Management Group;

AND THAT Council’s representatives or alternative representative be granted full delegated authority to commit to action and expenditure on behalf of the Council within approved budgets as per section 7 of the Waikato Civil Defence Emergency Management Group Constituting Agreement.

07/1071 Meyers/Challis CARRIED

OTHER APPOINTMENTS

RESOLVED

That the following appointments be made:

DESCRIPTION APPOINTMENTS
Creative N Z Harry Shepherd
Regional Land Transport Committee John Tregidga (Alternate Tom Meyers)
Hauraki Coromandel Development Group John Tregidga (Alternate Bruce Gordon)
Regional Passenger Transport Committee John Tregidga (Alternate Tom Meyers)
Regional Council Waihou Valley Scheme and Piako River Scheme Liaison Committee Don Challis
Tourism Coromandel Julie Bubb
Hauraki Gulf Forum Mayor, (Deputy, Mary Carmine)
Joint Golden Cross Mine Closure Committee (with Waikato Regional Council) John Tregidga, Mary Carmine
Thames Valley Combined Civil Defence Emergency Management Committee John Tregidga, Colin Francis
Go Waihi Mary Carmine
Positive Paeroa James Thorp
Waihi Community Consultative Group (Council rep.) John Tregidga (Alternate Julie Bubb)
Waihi Community Consultative Group (Waihi Ward rep.) Sel Baker

07/1072 Leonard/Thorpe CARRIED

PORTFOLIO’S

For the last triennium the Council allocated responsibility for a portfolio to Councillors. It is proposed that this be continued for this triennium.

RESOLVED

THAT the Council adopt the following portfolios:

Portfolio Member
Finance Cr Bruce Gordon
Policy Cr Mary Carmine
Property Cr Sel Baker
Water & Waste Water Cr Don Challis (Deputy Cr Greg Harris)
Roading Cr Tom Meyers
Community Services Cr Julie Bubb
Iwi Liaison John Tregidga
Solid Waste Cr Greg Harris
Economic Development Cr Mike Hayden
Social Development Cr Gill Leonard
Youth Cr Paul Milner
Civil Defence Cr Colin Francis
Sport & Recreation Cr Harry Shepherd
Heritage Arts & Culture Cr James Thorp (alternate Gill Leonard)

 

07/1073 Francis/Baker CARRIED

 

REAPPOINTMENT OF DRAINAGE COMMITTEE MEMBERS, CONSULTATIVE WATER & WASTES COMMITTEE AND ROAD SAFETY COMMITTEE

Reinstatement of the members appointed to the Drainage, Consultative Water and Waste and Road Safety Committees is required as unless otherwise resolved by the Council the committees are deemed to be discharged on the coming into office of the new Council (Schedule 7 Clause 30(7) LGA 2002).

The District Drainage Committee ‘community representation’ elections will be held in March 2008; however reappointment of the current membership is required to enable these committees to continue to operate in that interim period.

Western Plains Drainage District: R G Hicks
  W R Bennett
  B A Carter
  D P Cox
  B A Keane
  P Paterson
  G J W Speedy
  D B Spence
  R D Young
   
Eastern Plains Drainage District: K R Caddy
  R P Hunter
  K J Reid
  P Schouten
  G W Speedy
  B Flint
  B Conroy
  I Troughton
   
Paeroa Rural Drainage District: M Peters
  H G Morrison
  D Green
  K Gillingham
  C D Reid
  G Vowles
   
Consultative Water & Wastes Committee: A representative (or alternative) #9;nominated by Royal Forest & Bird Protection Soc.)
  A representative (or alternative) nominated by Hauraki-Coromandel Federated Farmers)
  A representative (or alternative) nominated by Ngati Hako)
  A representative (or alternative) nominated by Ngati Tamatera)
  A representative (or alternative) nominated by Ngati Maru)
  A representative (or alternative) nominated by Ngati Tara Tokanui Management)
  A representative (or alternative) nominated by Hauraki Maori Trust Board
  A representative (or alternative) nominated by Ngati Paoa Trust)
   
Road Safety Committee: A representative (or alternative) nominated by Land Transport New Zealand
  A representative (or alternative) nominated by Transit New Zealand
  A representative (or alternative) nominated by Environment Waikato
  A representative (or alternative) nominated by Federated Farmers
  A representative (or alternative) nominated by Automobile Association
  A representative (or alternative) nominated by NZ Road Transport Association
  A representative (or alternative) nominated by Grey Power
  A representative (or alternative) nominated by Hauraki Maori Trust Board
  A representative (or alternative) nominated by NZ Police

RESOLVED

THAT Council reappoints the committee membership as listed above.

07/1074 Milner/Baker CARRIED

 

LATE ITEM

REQUEST FOR SEWER RISING MAIN RELOCATION - 20 BENNER DRIVE, NGATEA (370377)

The Chief Executive advised of a request received via Cr Gordon from the owners of 20 Benner Drive, Ngatea that they be allowed to make a presentation to Council concerning the issue they have regarding the location of the sewer main on their property on which they wish to build a house. The member’s were advised that the matter requires the urgent consideration of Council because the building plans for the property are being held up until the sewer issue is resolved. A copy of the letter from K Taaffe and M Karl was attached for the member’s information.

Mr Peter Taaffe was in attendance to present on behalf of property owners K Taaffe and M Karl who have purchased a section located at 20 Benner Drive, Ngatea. Mr Taaffe raised concerns about the location of the rising sewer main located on the western boundary of the section. The property owners have claimed that they were unaware of the proposed location of the sewer main and do not want to change the location of their proposed building foundation on the site to achieve the necessary clearance from the main.

Following Mr Taffe’s address outlining the background of the request, the Mayor requested that the matter be further discussed in the late item section of the agenda.

The meeting adjourned at 10.26am.

The meeting reconvened at 10.40am.

 

ELECTED MEMBER REMUNERATION AND EXPENSE RULES (365737)

A report was presented from the Chief Executive regarding the Elected Members Remuneration and Expense Rules.

RESOLVED

THAT the report be received.

07/1075 Gordon/Bubb CARRIED

RESOLVED

THAT it be recommended to the Remuneration Authority that the Elected Member Remuneration for the post election period to the 30 June 2008 be:

Deputy Mayor $23,666

Ward Chairs $17,750

Deputy Ward Chairs and Committee Chairs $14,200

Councillors $11,833

07/1076 Baker/Milner CARRIED

RESOLVED

THAT the revised rules for the reimbursement of elected members be adopted and the application prepared on the basis of these rules be forwarded to the Remuneration Authority.

07/1077 Carmine/Baker CARRIED

 

NETWORK SERVICES

ROADING MANAGERS REPORT (01.001.029)

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

RESOLVED

THAT the report be received.

07/1078 Bubb/Leonard CARRIED

Street Light Upgrade Variation Porritt Street, Paeroa

An amendment to the street light upgrade programme has been requested. Due to the Community security concerns and the poor overall state of street lighting in Porritt Street, Paeroa, it was recommended that the lighting upgrade for this street be advanced to 2007/08. To maintain the activity budget, Featon St Waihi, a similar sized project can be deferred to 2010/11.

The budget allowance will have an additional $4,000 due to Porritt Street having a lesser value.

RESOLVED

THAT the street light upgrade on Featon Street be deferred to 2010/11 in favour of advancing Porritt Street to 2007/08.

07/1079 Bubb/Meyers CARRIED

UTILITIES MANAGER’S REPORT (01.011.025)

The District Engineer tabled a report on district utilities for the month of October 2007.

RESOLVED

THAT the report be received.

07/1080 Hayden/Milner CARRIED

DRAINAGE MANAGERS REPORT (01.011.028)

The Drainage Manager reported on district drainage matters for the month of October 2007.

RESOLVED

THAT the report be received.

071081 Carmine/Baker CARRIED

 

GENERAL BUSINESS

ADOPTION OF WATER SUPPLY PART TO THE CONSOLIDATED BYLAW AND FIRE BYLAW (68394)

A report was presented from the Manager, Planning and Environmental Services regarding the adoption of the water supply part to the consolidated bylaw and fire bylaw.

RESOLVED

THAT the report be received.

07/1082 Hayden/Milner CARRIED

RESOLVED

THAT Council determines that the proposed Part 5 (Water Supply) of the Hauraki District Council Consolidated Bylaw and the Hauraki District Council Fire Prevention Bylaw involving Vegetation 1993 are the most appropriate way of addressing the perceived problems.

That Council determines that the proposed Part 5 (Water Supply) of the Hauraki District Council Consolidated Bylaw and the Hauraki District Council Fire Prevention Bylaw involving Vegetation 1993 are in the most appropriate form.

That Council determines that the proposed that Part 5 (Water Supply) of the Hauraki District Council Consolidated Bylaw and the Hauraki District Council Fire Prevention Bylaw involving Vegetation 1993 do not give rise to any implications under the New Zealand Bill of Rights Act 1990.

That Council resolves to undertake due process for the passing of the proposed that Part 5 (Water Supply) of the Hauraki District Council Consolidated Bylaw.

That Council resolves that that Part 5 (Water Supply) of the Hauraki District Council Consolidated Bylaw shall become operative on 1st December 2007.

That the Hauraki District Council Fire Prevention Bylaw involving Vegetation 1993 continues without any amendments.

AND THAT Council resolves to revoke the Bylaws in Annexure A with effect from the date of operation of that Part 5 (Water Supply) of the Hauraki District Council Consolidated Bylaw.

07/1083 Milner/Carmine CARRIED

WHIRITOA – ACCESS TO BEACH FOR DOGS – DOG EXERCISE AREAS

A report was presented from the Manager, Planning and Environmental Services regarding issues concerning the Dog Control Policy in relation to access of dogs to the beach and a proposal to establish a dog exercise area at Whiritoa.

RESOLVED

THAT the report be received.

07/1084 Baker/Bubb CARRIED

The Planning and Environmental Services Manager reported on the meetings held with the Whiritoa community regarding the issues of Dog Control at Whiritoa.

The members were advised that two property owners adjoining the Ramarama Reserve have raised concerns regarding the protection of native birds in the reserve. The Manager, Planning and Environmental Services advised that following consultation with DoC regarding these concerns, they advised that there are species of Banded Rails and Fern birds in the area which are threatened species worthy of protection. Therefore, the Ramarama Reserve has now been excluded for consideration as a dog exercise area.

Further discussion was invited from the members on the subject. The members considered that there was no necessity that a recreational dog exercise area was required at Whiritoa for the reasons that the population at Whiritoa is generally low most of the year particularly over the winter months and only increases significantly during the peak holiday season. The increase of dogs using the beach is managed by the restriction times stipulated and is policed by the Dog Control Officer during these peak periods. It was therefore agreed that the current restriction time of 9.00am to 4.00pm be changed to 10.00am -3.00pm to allow for a more reasonable length of time for dogs to use the beach throughout the year without causing undue nuisance to other users of the beach.

RESOLVED

THAT Council adopts Option 2 for the Dog Control Policy and Dog Control Chapter of the By-law but the recommended hours for no dog access of 9.00am to 4.00pm be amended to 10.00am to 3.00pm during the March-November period

AND THAT Council does not adopt any of the options for another dog exercise area for Whiritoa for the purposes of the Policy and By-law

AND THAT staff place the amended Dog Control Policy on the next Council agenda for adoption and amend Schedule 6 to the Public Safety Bylaw accordingly.

07/1085 Carmine/Francis CARRIED

The meeting adjourned at 12.30pm.

The meeting reconvened at 1.20pm.

WAITETE COLLECTOR SEWER

The Mayor requested that a Subcommittee be formed to discuss and agree on the preferred options for the installation of the sewer. It was requested that the Subcommittee consider costs, advantages/disadvantages, opportunities and risks of all options and that the details in support of the preferred option be reported back to a future Council meeting.

RESOLVED

THAT a Subcommittee be formed consisting of Crs Don Challis, Bruce Gordon, Sel Baker and Harry Shepherd to meet at 9.30am on Tuesday, 20th November 2007 with delegated authority to make a decision on the preferred option and report back to Council.

07/1086 Milner/Carmine CARRIED

CONSIDERATION OF DRAFT ANNUAL REPORT SUMMARY 2006/07

A report from the Corporate Services Manager regarding the Draft Annual Report Summary was presented. A copy of the draft summary was attached for the member’s information.

The members were advised that Council are required after completing annual report to produce a summary. The summary must be available to public within one month of adopting the full annual report.

RESOLVED

THAT the report and summary be received.

07/1087 Milner/Shepherd CARRIED

ROAD NAMING REQUESTS, VARIOUS SUBDIVISIONS

A report was presented from the Corporate Services Manager regarding a road naming request for various subdivisions within the district.

RESOLVED

THAT the report be received.

07/1088 Baker/Hayden CARRIED

RESOLVED

THAT the naming of the roads created in the Maddocks Street/Robert Street subdivision in Waihi of Magnolia Lane and Settlers Drive and the extension of Maddocks Street and Roberts Street per the attached plan be approved.

AND THAT the naming of the road created on the western side of the new Masonic Village in Ngatea as Masonic Place be approved.

AND THAT the renaming of the recently formed portion of road, formerly known as part of Buller Street (unformed) in Waihi to Sherwood Lane be approved.

07/1089 Hayden/Leonard CARRIED

 

LATE ITEM

REQUEST FOR SEWER RISING MAIN RELOCATION - 20 BENNER DRIVE, NGATEA (370377)

In relation to the earlier address to Council received from Mr P Taaffe regarding the relocation of sewer main at 20 Benner Drive, Ngatea, the members were invited to further consider the issue.

The Chief Executive advised of the requirement under the Local Government Act that buildings are not constructed over sewer lines. It was noted that if the property owners had requested a Land Information Memorandum, the location of the sewer would have shown up at the time of consent application. The Community Services Manager advised that the sewer line was constructed in the most appropriate location.

In light of the information provided, it was considered that as the existing location of the sewer line will cause restrictions to the building plan of the owners and the fact that the section is smaller than neighbouring sections, the members agreed that Council contribute funding towards the relocation of the sewer main closer to the boundary.

RESOLVED

THAT Council grants $1,000 as a contribution towards the relocation of the sewer main located at 20 Benner Drive, Ngatea.

07/1090 Gordon/Challis CARRIED

 

MATTERS TO BE TAKEN WITH THE PUBLIC EXCLUDED

RESOLVED

THAT the public be excluded from the following parts of the proceedings of this meeting.

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:

Item No. General subject of each matter to be considered Reason for passing this resolution in relation to each matter Ground(s) Under Section 48(1) for the Passing of this Resolution
Item 1 Purchase of Land adjacent to Tetley’s Quarry Section 7(2)(i)

Prejudice to Commercial Position/Negotiations

To enable the local authority holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations.

Section 48(1)(a) 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 would exist.

07/1091 Bubb/Carmine CARRIED

 

RESOLVED

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

07/1094 Bubb/Thorp CARRIED

 

The meeting closed at 2.42pm.

 

CONFIRMED

 

 

J P Tregidga
Mayor

29 November 2007