12 September 2005

HAURAKI DISTRICT COUNCIL MEETING

MINUTES OF THE MEETING OF THE HAURAKI DISTRICT COUNCIL HELD IN THE COUNCIL CHAMBERS, WILLIAM STREET, PAEROA ON WEDNESDAY 30 JANUARY 2008 COMMENCING AT 9.05 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 A Harris, M J Hayden, G Leonard, T J Meyers, P A Miler (10.35am-2.20pm), 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) and Robyn Kirby (Council Secretary)

APOLOGIES

RESOLVED

THAT the apology for lateness of Cr P A Milner be received and sustained.

08/ 01 Shepherd/Meyers CARRIED

CONFIRMATION OF MINUTES

ORDINARY MEETING HELD WEDNESDAY 19 DECEMBER 2007 (379567)

RESOLVED

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

08/ 02 Baker/Carmine CARRIED

MATTERS ARISING FROM THE MINUTES

Local Governance Statement Amendment

The minutes from the 19^th December 2007 Council meeting (Page 4) to be changed "that a current photo of the Ngatea Water Gardens also be inserted" should read "that a current photo of the Ngatea Replica Bridge also be inserted".

Submission on Variation 6 to the Proposed Waikato Regional Plan – The Water Allocation Variation

The Mayor and Chief Executive were questioned on the outcome of the Hauraki District Council submission to the Hearing in December 2007. Further submissions were requested to be presented at the Hearing in February 2008.

Hauraki Healthy Homes Project

It was asked of Councillors, if they knew of any families that they considered met the criteria and would benefit from the service, to put their names forward.

CONSIDERATION OF WARD COMMITTEES

PLAINS WARD COMMITTEE – Tuesday 11 December 2007 (377583)

RESOLVED

THAT the minutes of the meeting of the Plains Ward Committee held on Tuesday 11 December 2007 be received and the recommendations contained therein be adopted.

08/03 Tregidga/Gordon CARRIED

PAEROA WARD COMMITTEE - Tuesday 11 December 2007 (377888)

RESOLVED

THAT the minutes of the meeting of the Paeroa Ward Committee held on Tuesday 11 December 2007 be received and the recommendations contained therein be adopted.

08/04 Bubb/Meyers CARRIED

WAIHI WARD COMMITTEE - Tuesday 11 December 2007(377872)

RESOLVED

THAT the minutes of the meeting of the Waihi Ward Committee held on Tuesday 11 December be received and the recommendations contained therein be adopted.

08/05 Baker/Carmine CARRIED

CONSIDERATION OF MINUTES OF COMMITTEE MEETINGS

WESTERN PLAINS DRAINAGE DISTRICT COMMITTEE – Wednesday 29 November 2007 (374865)

RESOLVED

THAT the minutes of the meeting of the Western Plains Drainage District Committee held on Wednesday 29 November 2007 be received and the recommendations contained therein be adopted.

08/06 Harris/Challis CARRIED

EASTERN PLAINS DRAINAGE DISTRICT COMMITTEE – Tuesday 20 December 2007 (380058)

RESOLVED

THAT the minutes of the meeting of the Eastern Plains Drainage District Committee held on Tuesday 20 December 2007 be received and the recommendations contained therein be adopted.

08/07 Challis/Gordon CARRIED

CHIEF EXECUTIVE’S REPORT (384673)

(COUNCILLORS REMUNERATION SUBCOMMITTEE - MAYOR, DEPUTY MAYOR AND CR GORDON)

The Chief Executive’s monthly report was presented.

RESOLVED

THAT the Chief Executive’s monthly report be received.

08/08 Bubb/Baker CARRIED

Elected Member Remuneration and Expense Rules 2008/09

Attached for the member’s information (Appendix A) was a letter from the Remuneration Authority that provided 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.

RESOLVED

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.

08/09 Carmine/Baker CARRIED

Affordable Housing: Enabling Territorial Authorities Bill

Attached for the member’s information (Appendix C) was 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 has 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.

RESOLVED

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.

08/10 Baker/Bubb CARRIED

It was suggested that Council take a ‘wait and see’ attitude to the Bill as it is a bigger issue for the larger authorities, but did not affect the small authorities to the same extent.

Justice and Electoral Select Committee Inquiry into the 2007 Local Authority Elections

The Justice and Electoral Select Committees have proposed to hold an inquiry into the 2007 local authority elections. It was requested that a number of Councillors be appointed with delegated authority to submit on behalf of Council on the inquiry into the 2007 election process.

RESOLVED

THAT the Mayor, Crs Carmine and Gordon have the delegated authority to submit to Local Government NZ on the matter of inquiry into the 2007 Local Authority Elections.

08/10 Leonard/Shepherd CARRIED

The meeting adjourned 10.15am

The meeting reconvened 10.35am

PLANNING/REGULATORY SERVICES (381422) (98KB)

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

RESOLVED

THAT the report be received.

08/12 Shepherd/Hayden CARRIED

Proposed Plan Change No 14 – Waihi – Newmont Gold

Newmont Gold will give a presentation at the Council meeting on the 13^th February 2008, which will give Councillors an update on the proposed plan change.

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

A report was presented from the Manager Planning and Environmental Services regarding Letters of Credit in relation to the Southwall Stability Cutback with Newmont Waihi Gold.

RESOLVED

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

08/13 Meyer/Gordon CARRIED

Development Contributions Policy

A report was presented 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.

RESOLVED

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

08/14 Baker/Hayden CARRIED

A workshop is to be held on the 4^th February 2008 at 3.00pm for the new Councillors to explain the workings of the Development Contributions Policy. All Councillors were invited to attend.

Councillor Gordon complemented the Manager, Planning and Environment Services on the service provided by the Customer Services team.

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

A report was presented regarding the amendment to schedule relating to Public Safety of the Consolidated Bylaw.

RESOLVED

THAT the report be received.

08/15 Thorp/Shepherd CARRIED

RESOLVED

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

08/16 Carmine/Thorp CARRIED

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)

The Manager, Planning and Environmental Services presented a report regarding the adoption of the Consolidated Bylaw.

The Hauraki District Council Consolidated Bylaw, Part 1 (Introduction) document was available separately for the member’s consideration.

RESOLVED

THAT the report be received.

08/17 Baker/Bubb CARRIED

RESOLVED

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:

08/18 Milner/Hayden CARRIED

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

A report was presented regarding the revocation of outdated bylaws.

RESOLVED

THAT the report be received

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

08/19 Baker/Thorp CARRIED

SUBMISSION TO STANDARDS NEW ZEALAND ON THE "FLOOD HAZARD RISK MANAGEMENT DRAFT STANDARD."

The above report from Local Government New Zealand was circulated at the meeting.

COMMUNITY SERVICES

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

a report from the Libraries Manager was presented for the member’s information.

RESOLVED

THAT the report be received.

08/20 Bubb/Francis CARRIED

RESOLVED

THAT the Libraries Half-yearly Report be received by Council

AND THAT a commitment to providing free public internet access in the libraries is made and that the proposed Waikato regional application to the Aotearoa/New Zealand People’s Network be endorsed.

08/21 Bubb/Carmine CARRIED

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

The Community Services Manager reported that an offer was made back in 2006, by 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.

Copy of resolution:

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.

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

RESOLVED

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.

08/22 Hayden/Meyer CARRIED

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

A report was presented by the Community Services Manager seeking Councils 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 of the site were attached for member’s referral.

RESOLVED

THAT the report be received.

08/23 Bubb/Carmine CARRIED

RESOLVED

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) Bruce Gordon (Chair Plains Ward Committee) and Clr Challis to agree on the terms and conditions for the proposed lease.

08/24 Francis/Shepherd CARRIED

The meeting adjourned at midday

The meeting reconvened 12.50pm

NETWORK SERVICES

ROADING REPORT DECEMBER 2007 (384708) (CR MEYERS) (36KB)

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

RESOLVED

THAT the report be received.

08/25 Leonard/Hayden CARRIED

MINOR INTERSECTION IMPROVEMENTS

The member’s we asked to consider a number of proposed safety improvements.

RESOLVED

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

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

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

08/26 Meyers/Thorp CARRIED

UTILITIES REPORT JANUARY 2008 (383322) (CR CHALLIS & CR HARRIS) (88KB)

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

RESOLVED

THAT the report be received.

08/27 Challis/Harris CARRIED

MAJOR CAPITAL PROJECTS

Refuse Options Report

It was noted that it was discussed previously that the recycling facility in Waitakaruru would be ‘manned’, not ‘unmanned’ as stated in the report. The District Engineer agreed to confirm which was correct.

A concern was also expressed about water being carted outside of the district. It was suggested that this needs to be monitored if the shortage of water in the district continues.

DRAINAGE MANAGER REPORT TO 30 NOVEMBER 2007 (385060) (35KB)

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

RESOLVED

THAT the report be received.

08/28 Meyer/Gordon CARRIED

GENERAL BUSINESS

PROPOSAL FOR CLEANFILL SITE AT WAIHI (384991) (CR HARRIS) (30KB)

A report was presented from the District Engineer regarding an application to established a clean fill site in Waihi.

Mr Andy Fisher, the Applicant wishing to set up such a site, was in attendance.

RESOLVED

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.

08/29 Harris/Baker CARRIED

It was noted that Resource Consent needs to be applied for.

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

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.

RESOLVED

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:

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.
That no objections to the closure are received, which are upheld by Council

That the organisers shall be responsible for all costs associated with the events, including advertising.

That the organisers shall notify all affected residents and property owners within the closure area and obtain their written consent to the closure.

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.
THAT a Traffic Management Plan be provided to and approved by the Council’s Roading Manager.
That the event shall be under the control of appropriate marshals and that radio communications shall be maintained at all times.

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.

The organisers shall indemnify the Council from all or any claims arising from the road closure.

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.

That only road tyres shall be used.

The road will be inspected before and after the event and any damage will be made good at the cost of the applicant.

That in the event of heavy rain the District Engineer, Hauraki District Council, shall cancel the approval.

The closure to 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.

RESOLVED

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:

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.

THAT no objections to the closure are received, which are upheld by Council

THAT the organisers shall be responsible for all costs associated with the events, including advertising.

THAT the organisers shall notify all affected residents and property owners within the closure area and obtain their written consent to the closure.

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.

THAT a Traffic Management Plan be provided to and approved by the Council’s Roading Manager.

THAT the event shall be under the control of appropriate marshals and that radio communications shall be maintained at all times.

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.

THAT the organisers shall indemnify the Council from all or any claims arising from the road closure.

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.

THAT only road tyres shall be used.

THAT the road will be inspected before and after the event and any damage will be made good at the cost of the applicant.

THAT in the event of heavy rain the District Engineer, Hauraki District Council, shall cancel the approval.

The closure to 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.

RESOLVED

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:

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.

THAT no objections to the closure are received, which are upheld by Council

THAT the organisers shall be responsible for all costs associated with the events, including advertising.

THAT the organisers shall notify all affected residents and property owners within the closure area and obtain their written consent to the closure.

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.

THAT a Traffic Management Plan be provided to and approved by the Council’s Roading Manager.

THAT the event shall be under the control of appropriate marshals and that radio communications shall be maintained at all times.

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.

THAT the organisers shall indemnify the Council from all or any claims arising from the road closure.

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.

THAT only road tyres shall be used.

THAT the road will be inspected before and after the event and any damage will be made good at the cost of the applicant.

THAT in the event of heavy rain the District Engineer, Hauraki District Council, shall cancel the approval.

The closure to 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 4^th May 2008.

RESOLVED

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 4^th 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: