HAURAKI DISTRICT COUNCIL MEETING

NOTICE IS HEREBY GIVEN THAT A MEETING OF THE HAURAKI DISTRICT COUNCIL WILL BE HELD IN THE COUNCIL CHAMBERS, WILLIAM STREET, PAEROA ON WEDNESDAY 30 JANUARY 2008 COMMENCING AT 9.00 AM

Morning tea will be available at 10.15 am.

ORDER OF BUSINESS

1.  APOLOGIES

P Milner – H Shepherd/ T Meyers

2. DECLARATIONS OF LATE ITEMS

3. CONFIRMATION OF MINUTES

3.1 ORDINARY MEETING HELD WEDNESDAY 19 DECEMBER 2007 (379567)  1-15

RECOMMENDATION

THAT the minutes of the meeting of the Hauraki District Council held on Wednesday 19 December 2007 be taken as read and confirmed.

S Baker/ M Carmine

4. MATTERS ARISING FROM THE MINUTES

5. CONSIDERATION OF WARD COMMITTEES

5.1 PLAINS WARD COMMITTEE – Tuesday 11 December 2007 (377583)  16-19

5.2 PAEROA WARD COMMITTEE - Tuesday 11 December 2007 (377888)  20-25

5.3 WAIHI WARD COMMITTEE - Tuesday 11 December 2007(377872)  26-30

6. CONSIDERATION OF MINUTES OF COMMITTEE MEETINGS

6.1 WESTERN PLAINS DRAINAGE DISTRICT COMMITTEE –  Wednesday 29 November 2007 (374865)   31-33

6.2 EASTERN PLAINS DRAINAGE DISTRICT COMMITTEE – Tuesday 20 December 2007 (380058) 34-36

7. CHIEF EXECUTIVE’S REPORT (384673) (35KB)   (COUNCILLORS REMUNERATION SUBCOMMITTEE - MAYOR, DEPUTY MAYOR AND CR GORDON) 37-77

7.1 The Chief Executive’s monthly report is attached.

RECOMMENDATION

THAT the Chief Executive’s monthly report be received.

Elected Member Remuneration and Expense Rules 2008/09

Attached for the member’s information (Appendix A) is a letter from the Remuneration Authority that provides details of the indicative remuneration pool for the 2008/09 year. The Remuneration Authority has requested that the Council consider these new figures and forward to them the Council’s recommendation of the distribution of this pool by 1 April 2008.

RECOMMENDATION

THAT it be recommended to the Remuneration Authority that the Elected Member Remuneration for the post election period from the 1 July 2008 to 30 June 2009 be:

Deputy Mayor $24,624
Ward Chairs $18,468
Deputy Ward Chairs and Committee Chairs $14,774
Councillors $12,312

AND THAT the Council’s existing rules for the reimbursement of expenses be re-confirmed

Affordable Housing: Enabling Territorial Authorities Bill

Attached for the member’s information (Appendix C) is a memorandum from Local Government New Zealand (LGNZ) on the Affordable Housing: Enabling Territorial Authorities Bill. This memorandum has only recently been received and feedback on the discussion paper is required by 15 February 2008. Council staff have not had the opportunity to review this discussion paper prior to the agenda closing.

Due to the short time frame allowed for the provision of feedback on the discussion paper it is suggested that the Council delegate authority to the Mayor and the Social Development Portfolio Holder provide feedback to LGNZ on the discussion paper. The Mayor and the Social Development Portfolio holder will be assisted by the Community Development Officer.

RECOMMENDATION

THAT the Council delegate authority to the Mayor and the Social Development Portfolio Holder to provide feedback to LGNZ on the Affordable Housing: Enabling Territorial Authorities Bill discussion paper.

8. PLANNING/REGULATORY SERVICES (381422) (98KB)  78-92

8.1 The Planning and Environmental Services Manager’s monthly monitoring report for the period ending 31 December 2007 is attached for the members’ consideration.

RECOMMENDATION

THAT the report be received.

Martha Mine South Wall Stability cutback - Monthly Report – December 2007.

Attached is a report from the Manager Planning & Environmental Services regarding Letters of Credit in relation to the Southwall Stability Cutback with Newmont Waihi Gold.

RECOMMENDATION

THAT the 6th and 7th Letters of Credit held in relation to the South Wall Stability Cutback be released.

Development Contributions Policy

Attached is a report from the Manager, Planning & Environmental Services Manager regarding a proposed date for the next Development Contributions Workshop and consideration for the Draft Annual Plan 2008/09.

RECOMMENDATION

THAT a workshop be held on Thursday 14th February 2008 for the purposes of discussing the Development Contributions Policy and for estimates consideration for the Draft Annual Plan 2008/09 if required.

8.2 AMENDMENT TO PUBLIC SAFETY, PART 3 SCHEDULES OF CONSOLIDATED BYLAW (384914) (CR CARMINE)  (130KB)  93-97

A report is attached regarding the amendment to schedule relating to Public Safety of the Consolidated Bylaw.

RECOMMENDATION

THAT the report be received

Thorp/Shepherd

AND THAT Schedule 6, 7 and 8 of the Public Safety Part, Part 3 of the Hauraki District Council Consolidated Bylaw be adopted.

8.3 adoption of consolidated bylaw – PArt 4 (Trade waste and wastewater), part 6 (cemeteries), part 7 (land drainage) AND PART 8 SOLID WASTE (379955) (CR carmine) (67KB)    98-109

Attached is a report regarding the adoption of the Consolidated Bylaw.

The Hauraki District Council Consolidated Bylaw, Part 1 (Introduction) document is included as a separate document.

RECOMMENDATION

THAT the report be received

AND THAT:

That Council determines that the proposed Part 4 (Trade Waste and Wastewater) as amended, Part 6 (Cemeteries), Part 7 (Land Drainage) as amended, and Part 8 (Solid Waste) of the Hauraki District Council Consolidated Bylaw 2007 are the most appropriate way of addressing the perceived problems.

That Council determines that the proposed Part 4 (Trade Waste and Wastewater) as amended, Part 6 (Cemeteries), Part 7 (Land Drainage) as amended, and Part 8 (Solid Waste) of the Hauraki District Council Consolidated Bylaw 2007 are in the most appropriate form.

That Council determines that the proposed Part 4 (Trade Waste and Wastewater) as amended, Part 6 (Cemeteries), Part 7 (Land Drainage) as amended, and Part 8 (Solid Waste) of the Hauraki District Council Consolidated Bylaw 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 Part 4 (Trade Waste and Wastewater) as amended, Part 6 (Cemeteries), Part 7 (Land Drainage) as amended, and Part 8 (Solid Waste) of the Hauraki District Council Consolidated Bylaw.

That Council resolves to amend Part 1 (Introduction) of the Hauraki District Council Consolidated Bylaw by resolution publicly notified as provided for in this report.

That Council resolves to revoke the bylaws listed in Annexure A with effect from the date of operation of Part 4 (Trade Waste and Wastewater, Part 6 (Cemeteries), Part 7 (Land Drainage) and Part 8 (Solid Waste) of the Hauraki District Council Consolidated Bylaw 2007:

8.4 REVOCATION OF OUTDATED BYLAWS NOT REVIEWED AS PART OF THE CONSOLIDATED BYLAW (383269) (CR CARMINE) (40KB) 110-116

Attached is a report regarding the revocation of outdated bylaws.

RECOMMENDATION

THAT the report be received

AND THAT Council resolves to revoke the Bylaws in Annexure A with effect from 1st March 2008.

9. COMMUNITY SERVICES

9.1 Libraries Half-yearly report July-December 2007 381786) (CR Bubb)  (100KB) 117-126

a report from the Libraries Manager is attached for the member’s information.

RECOMMENDATION

THAT the report be received

AND THAT the Libraries Half-yearly Report be received by Council

AND THAT the proposed Waikato regional application to the Aotearoa/New Zealand People’s Network be endorsed.

9.2 DONATION OF "LEACH FIELD" (384868) (CR MILNER)

(No report available.)

An offer was received back in 2006, from the owners of H G Leach Limited for the donation of "Leach Field" comprising an area of 1.5488ha to Council with the intention that it be available for continued use by the West Rugby Club.

After discussion, it was agreed that the offer of the land be accepted and that a subcommittee be formed with delegated authority to negotiate with H G Leach Limited regarding the use of the field and that the outcome of this meeting be reported back to the Paeroa Ward Committee.

RESOLVED

THAT the Subcommittee be formed to be given delegated authority to undertake negotiations with the owners regarding the use of the field and that the Subcommittee consist of Crs Trembath, Baker and Lockwood.  

06/535                         Bubb/Meyers                 CARRIED

The negotiations were not held in the currency of the term of the appointed members and a new subcommittee will need to be established to undertake the negotiations.

RECOMMENDATION

THAT the subcommittee be re-established and be given delegated authority to undertake negotiations with the owners regarding the donation of "Leach Field" and that the subcommittee consist of Crs Bubb, Milner and Thorp.  

9.3 BARNARDOS NZ – LEASING OF PART OF TURUA DOMAIN AS A DAY CARE CENTRE (384683) (CR BUBB) 127-130

A report is attached seeking Council approval for Barnardos NZ to lease from Council part of the domain at Turua for the purpose of operating a day care centre.

Aerial photographs are attached for member’s referral.

RECOMMENDATION

THAT the report be received

AND THAT Council grants Barnados NZ a lease of the Turua Domain for a ten year period with a right to renew at the pleasure of the Council. And that Council grants power to act in this matter to Crs Julie Bubb (Portfolio holder) and Bruce Gordon (Chair Plains Ward Committee) and D Challis to agree on the terms and conditions for the proposed lease.

10. NETWORK SERVICES

10.1 ROADING REPORT DECEMBER 2007 (384708) (CR MEYERS) (36KB) 131-136

The Roading Manager has reported on district roading matters for the month of December 2007.

RECOMMENDATION

THAT the report be received.

Leonard/Hayden

Minor Intersection Improvements

Ainsleigh/Raroa Road

Introducing a Give way control to define the priority and improve safety. This work is currently under investigation

RECOMMENDATION

THAT a Give Way control be installed on Opukeko Road for east bound traffic. This would establish the priority to be on Coronation St

AND THAT a Give Way control be installed on Hopai Rd West accompanied by a 200m advanced warning sign with the associated Road Marking

AND THAT intersection advanced warning signage be installed on Canal East Rd along with hazard marking on adjoining power poles.

10.2 UTILITIES REPORT JANUARY 2008 (383322) (CR CHALLIS & CR HARRIS) (88KB) 137-149

The Utilities Engineer has reported on district utilities for the month of December 2007.

RECOMMENDATION

THAT the report be received. Milner/Shepherd

10.3 DRAINAGE MANAGER REPORT TO 30 NOVEMBER 2007 (385060) (35KB) 150-154

The Drainage Manager has reported on district drainage mattters for the month of November 2007.

RECOMMENDATION

THAT the report be received.

11. GENERAL BUSINESS

11.1 PROPOSAL FOR CLEANFILL SITE AT WAIHI (384991) (CR HARRIS) (30KB)  155-157

Attached is a report from the District Engineer regarding a proposed clean fill site in Waihi.

Mr Andy Fisher will be in attendance at 1.00pm to present a proposal to establish a Cleanfill Site in Waihi.

RECOMMENDATION

THAT the report be received

AND THAT Council supports involvement in establishing a combined cleanfill / greenwaste processing site in Waihi

AND THAT Council supports the principle of an agreement for operation of the facility

AND THAT Council agrees to make the land available for the proposed use

AND THAT Council approves funding for the cost of the investigation and consent application, estimated at $35,500.

11.2 REQUEST FOR TEMPORARY CLOSURE OF ROADS (RTR-06/01-(380082)   158-163

Woodlands Road, Waihi [380025]

A request had been received from the Thames Valley Car Club Inc for consent to close Woodlands Road Waihi (2 kilometres from the end to the end) for the purpose of an event organised by them on Saturday 10 February 2008.

RECOMMENDATION

THAT it be recommended to Council as follows:

THAT pursuant to Section 11(e) of the Tenth Schedule of the Local Government Act 1974 Council consent to the temporary road closure of Woodlands Road Waihi (2 kilometres from the end to the end) on Saturday 10 February 2008, between the hours of 10:00am and 5:00pm, for the purpose of an event organised by the Thames Valley Car Club Inc. be given subject to the following conditions:
  1. THAT the written consent of the NZ Police is obtained and forwarded to Council and that any requirements the Police may have will be complied with.
  2. That no objections to the closure are received, which are upheld by Council
  3. That the organisers shall be responsible for all costs associated with the events, including advertising.
  4. That the organisers shall notify all affected residents and property owners within the closure area and obtain their written consent to the closure.
    5.
  5. That ordinary traffic shall be permitted to use the road between events subject to the proviso that no traffic is held up for a period exceeding thirty (30) minutes.
    6.
  6. THAT a Traffic Management Plan be provided to and approved by the Council’s Roading Manager.
  7. That the event shall be under the control of appropriate marshals and that radio communications shall be maintained at all times.
  8. That the organisers shall arrange adequate public liability insurance ($5M) in respect of any claim arising from the event, a copy to be supplied to the Council by 21 January 2008.
  9. The organisers shall indemnify the Council from all or any claims arising from the road closure.
  10. That signage to the satisfaction of the District Engineer, Hauraki District Council shall be erected at each end of the closed road indicating the period of closure and that ordinary traffic may use the road as set out in condition 5 above.
  11. That only road tyres shall be used.
  12. The road will be inspected before and after the event and any damage will be made good at the cost of the applicant.
  13. That in the event of heavy rain the District Engineer, Hauraki District Council, shall cancel the approval.

The closure will be advertised in the Hauraki Herald on 5 February 2008.

Pukewera Road, Waihi [377006]

A request had been received from the Thames Valley Car Club Inc for consent to close Pukewera Road, Waihi (from Murphy’s Bridge to the Taieri Road junction) for the purpose of an event organised by them on Sunday 16 March 2008.

RECOMMENDATION

THAT it be recommended to Council as follows:

THAT pursuant to Section 11(e) of the Tenth Schedule of the Local Government Act 1974 Council consent to the temporary road closure of Pukewera Road, Waihi (from Murphys Bridge to the Taieri Road junction) on Sunday 16 March 2008, between the hours of 10am and 5pm, for the purpose of an event organised by the Thames Valley Car Club Inc. be given subject to the following conditions:
  1. THAT the written consent of the NZ Police is obtained and forwarded to Council and that any requirements the Police may have will be complied with.
  2. THAT no objections to the closure are received, which are upheld by Council
  3. THAT the organisers shall be responsible for all costs associated with the events, including advertising.
  4. THAT the organisers shall notify all affected residents and property owners within the closure area and obtain their written consent to the closure.
  5. THAT ordinary traffic shall be permitted to use the road between events subject to the proviso that no traffic is held up for a period exceeding thirty (30) minutes.
  6. THAT a Traffic Management Plan be provided to and approved by the Council’s Roading Manager.
  7. THAT the event shall be under the control of appropriate marshals and that radio communications shall be maintained at all times.
  8. THAT the organisers shall arrange adequate public liability insurance ($5M) in respect of any claim arising from the event, a copy to be supplied to the Council by 25 February 2008.
  9. THAT the organisers shall indemnify the Council from all or any claims arising from the road closure.
  10. THAT signage to the satisfaction of the District Engineer, Hauraki District Council shall be erected at each end of the closed road indicating the period of closure and that ordinary traffic may use the road as set out in condition 5 above.
  11. THAT only road tyres shall be used.
  12. THAT the road will be inspected before and after the event and any damage will be made good at the cost of the applicant.
  13. THAT in the event of heavy rain the District Engineer, Hauraki District Council, shall cancel the approval.

The closure will be advertised in the Hauraki Herald on 11 March 2008.

Golden Valley Road, Waihi [377006]

A request had been received from the Thames Valley Car Club Inc for consent to close Golden Valley Road (Bjerring Hill), Waihi for the purpose of an event organised by them on Sunday 6 April 2008.

RECOMMENDATION

THAT it be recommended to Council as follows:

THAT pursuant to Section 11(e) of the Tenth Schedule of the Local Government Act 1974 Council consent to the temporary road closure of Golden Valley Road (Bjerring Hill), Waihi on Sunday 6 April 2008, between the hours of 10am and 5pm, for the purpose of an event organised by the Thames Valley Car Club Inc. be given subject to the following conditions:
  1. THAT the written consent of the NZ Police is obtained and forwarded to Council and that any requirements the Police may have will be complied with.
  2. THAT no objections to the closure are received, which are upheld by Council
  3. THAT the organisers shall be responsible for all costs associated with the events, including advertising.
  4. THAT the organisers shall notify all affected residents and property owners within the closure area and obtain their written consent to the closure.
  5. THAT ordinary traffic shall be permitted to use the road between events subject to the proviso that no traffic is held up for a period exceeding thirty (30) minutes.
  6. THAT a Traffic Management Plan be provided to and approved by the Council’s Roading Manager.
  7. THAT the event shall be under the control of appropriate marshals and that radio communications shall be maintained at all times.
  8. THAT the organisers shall arrange adequate public liability insurance ($5M) in respect of any claim arising from the event, a copy to be supplied to the Council by 25 February 2008.
  9. THAT the organisers shall indemnify the Council from all or any claims arising from the road closure.
  10. THAT signage to the satisfaction of the District Engineer, Hauraki District Council shall be erected at each end of the closed road indicating the period of closure and that ordinary traffic may use the road as set out in condition 5 above.
  11. THAT only road tyres shall be used.
  12. THAT the road will be inspected before and after the event and any damage will be made good at the cost of the applicant.
  13. THAT in the event of heavy rain the District Engineer, Hauraki District Council, shall cancel the approval.
  14. The closure will be advertised in the Hauraki Herald on 1 April 2008.

Taieri Road Waihi [377006]

A request had been received from the Thames Valley Car Club Inc for consent to close top end of Taieri Road (from Pukewera Road junction) for the purpose of an event organised by them on Sunday 4th May 2008.

RECOMMENDATION

THAT it be recommended to Council as follows:

THAT pursuant to Section 11(e) of the Tenth Schedule of the Local Government Act 1974 Council consent to the temporary road closure of top end of Taieri Road (from Pukewera Road junction) on Sunday 4th May 2008, between the hours of 10am and 5pm, for the purpose of an event organised by the Thames Valley Car Club Inc. be given subject to the following conditions:
  1. THAT the written consent of the NZ Police is obtained and forwarded to Council and that any requirements the Police may have will be complied with.
  2. THAT no objections to the closure are received, which are upheld by Council
  3. THAT the organisers shall be responsible for all costs associated with the events, including advertising.
  4. THAT the organisers shall notify all affected residents and property owners within the closure area and obtain their written consent to the closure.
  5. THAT ordinary traffic shall be permitted to use the road between events subject to the proviso that no traffic is held up for a period exceeding thirty (30) minutes.
  6. THAT a Traffic Management Plan be provided to and approved by the Council’s Roading Manager.
  7. THAT the event shall be under the control of appropriate marshals and that radio communications shall be maintained at all times.
  8. THAT the organisers shall arrange adequate public liability insurance ($5M) in respect of any claim arising from the event, a copy to be supplied to the Council by 25 February 2008.
  9. THAT the organisers shall indemnify the Council from all or any claims arising from the road closure.
  10. THAT signage to the satisfaction of the District Engineer, Hauraki District Council shall be erected at each end of the closed road indicating the period of closure and that ordinary traffic may use the road as set out in condition 5 above.
  11. THAT only road tyres shall be used.
  12. THAT the road will be inspected before and after the event and any damage will be made good at the cost of the applicant.
  13. THAT in the event of heavy rain the District Engineer, Hauraki District Council, shall cancel the approval.

The closure will be advertised in the Hauraki Herald on 29 April 2008.

11.3 ECONOMIC DEVELOPMENT QUARTERLY REPORT TO 31 DECEMBER 2007 AND THE HAURAKI DISTRICT QUARTERLY ECONOMIC REPORT PREPARED BY APR CONSULTING (383128) (CR HAYDEN)  (57KB)  164-208

Attached is the Economic Development Officer’s quarterly report and the quarterly economic report prepared for the Hauraki District Council by APR Consultants.

RECOMMENDATION

that the reports be received.

 

12. LATE ITEMS

 

13. MATTERS TO BE TAKEN WITH THE PUBLIC EXCLUDED

RECOMMENDATION

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 Proposed Prosecution : Jeff & Taikato - Damage to Ramarama reserve Section 7(2)(a) – Protect the privacy of natural persons, including that of deceased natural persons. 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. 209-214
Item 2 72 Walmsley Road – Waihi Section 7(2)(a) – Protect the privacy of natural persons, including that of deceased natural persons. 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. 215-225