RESOLVED: C (2) THAT the apology received from Cr Gwilliam be accepted and leave of absence granted.

Transcription

1 MINUTES of an ORDINARY MEETING of COUNCIL held in the Council Chambers, Level 2, Civic Centre, Fergusson Drive, Upper Hutt on WEDNESDAY 15 AUGUST 2018 commencing at 4.30pm PRESENT: HIS WORSHIP THE MAYOR MR W N GUPPY (CHAIR), CRS C B G CARSON, R B T CONNELLY, J B GRIFFITHS, P E LAMBERT, G T MCARTHUR, A R MCLEOD, H SWALES, S P TAYLOR AND D V WHEELER APOLOGY: CR J C GWILLIAM IN ATTENDANCE: CHIEF EXECUTIVE, DIRECTOR OF BUSINESS TRANSFORMATION AND INSIGHT, DIRECTOR OF COMMUNITY SERVICES, CHIEF FINANCIAL OFFICER, PERFORMANCE AND CAPABILITY MANAGER, GENERAL COUNSEL, POLICY PLANNER AND PRINCIPAL ADVISOR DEMOCRATIC SERVICES PUBLIC BUSINESS The Mayor opened the meeting with a prayer. APOLOGY : C (2) THAT the apology received from Cr Gwilliam be accepted and leave of absence granted. Cr Griffiths/Cr McArthur His Worship the Mayor made mention of the following: 5 July GOLD Awards congratulations to all category nominees and winners. Supreme winner was Massey University College of Creative Arts; 31 July Swiss Military Band performance at Expressions Whirinaki Arts and Entertainment Centre; 8 August Volunteer Airport Awards for our local community groups. Congratulations to all nominees and category winners. Supreme winner was Te Ataarangi Upper Hutt. All winning community groups from Upper Hutt will join winners from around the region for the Regional Award finals in mid-november; 10 August Opening of Chiro Upper Hutt; 10 August Ceramics NZ Opening Exhibition and conference at Expressions Whirinaki Arts and Entertainment Centre; and Welcome to Council s new Chief Financial Officer Julia Fletcher who started on 9 July. 1

2 1. PUBLIC FORUM Mr David Hagan, Upper Hutt Baptist Church spoke in relation to the proposed withdrawal of the disposal of McLeod Street land due to the impact the faultline would have on possible residential development. He said that the McLeod Street land was suitable for social housing as it was a clear site, close to public transport and was sited in a good community. He asked that Council not ratify the withdrawal of the land until the social housing workshop had been held. He noted it was important to keep it as an option until that time. His Worship the Mayor advised that Council had been keen to investigate the McLeod Street land for possible residential development. He noted there were legal requirements for any new development on land that was identified as being impacted by a faultline. Ms Carla Bentley, Ladder Up spoke in relation to the proposed withdrawal of the disposal of McLeod Street land. She said the site could be used as training facilities to assist beneficiaries in building their own house and to run life skills programmes. She asked when the social housing workshop would be held, noting she was very keen to attend. His Worship the Mayor confirmed that an in-house housing workshop had been held for to provide councillors with background information. He said councillors would hold another in-house workshop to formulate how council fits into the bigger picture and following this would engage with a number of organisations who were interested in social housing. Ms Roz Brown said a link with the District Health Boards assessment of people over 65 years of age and social housing assessments were required. She added there was a need for an assessment tool to get people into Stage 2 care. She noted that Significant Natural Areas had been discussed in 2010 and was deferred at that time. She considered an eight year deferral too long, adding that no updates had been provided during the eight year period. Ms Ann Devlin spoke in relation to the recent earthquake drill at the Pop-Up Library. She said she was at the library during the drill and asked that Council investigate why the stairwell door was locked. She further asked that Council investigate the installation of speed humps in Montgomery Crescent. She added that there a number of non-compliant cars in the area. Ms Mary Beth Taylor advised there had been three seismic events in the Mangaroa Peat land area. She suggested the establishment of a Mangaroa Basin Structure Plan could be worthwhile and that it include an assessment of the area with a focus to protect the area and ecology. She said this could be undertaken in partnership with Greater Wellington Regional Council. 2. GENERAL BUSINESS Councillor McLeod declared one item of general business. 3. CONFLICT OF INTEREST DECLARATIONS AND UPDATES Councillor Connelly noted a change of job title to Manager, Project and Portfolio Services Team at the Ministry for Primary Industries. 2

3 4. APPROVAL OF MINUTES a) EXTRAORDINARY COUNCIL ( /06/18) C (2) THAT the minutes of the Extraordinary Council meeting held on 27 June 2018 be approved. His Worship the Mayor/Cr Taylor b) COUNCIL (1-8 04/07/18) C (2) THAT the minutes of the Council meeting held on 4 July 2018 be approved. His Worship the Mayor/Cr McArthur EXTRAORDINARY COUNCIL (1-2 31/07/18) C (2) THAT the minutes of the Extraordinary Council meeting held on 31 July 2018 be approved. His Worship the Mayor/Cr Lambert 5. APPROVAL OF COMMITTEE MINUTES a) CITY SERVICES COMMITTEE (1-5 25/07/18) C (2) THAT the report of the City Services Committee held on 25 July 2018 be received and the recommendations contained therein be adopted. Cr Griffiths/Cr Taylor b) EXTRAORDINARY LEGISLATION COMMITTEE (1-3 01/08/18) THAT the report of the Extraordinary Legislation Committee held on 1 August 2018 be received and the recommendations contained therein be adopted. His Worship the Mayor/Cr Swales C (2) 3

4 c) POLICY COMMITTEE (1-8 01/08/18) Councillor McArthur asked to discuss Item 1: Public Forum and Item 5: Disposal of Surplus Land. His Worship the Mayor also asked to discuss Item 5: Disposal of Surplus Land. THAT the report of the Policy Committee held on 1 August 2018 be received and the recommendations contained therein be adopted, excluding Item 1: Public Forum and Item 5: Disposal of Surplus Land. Cr McArthur/Cr Taylor C (2) Councillor McArthur asked that Mr Gareth Seeds public comments read (change underlined): Mr Gareth Seeds spoke to Item 4 Proposed Stopping of Road, No 1 Line, Silverstream. He considered the comments from Mr Thorn s written submission concerning himself were defamatory. He cautioned that under New Zealand law, Council in publishing Mr Thorn s comments could also be implicated in the defamation. He requested that Council reject Mr Thorn s written submission or issue a redacted version with the defamatory comments removed. He explained the encroachment was historical, and provided photographs from the 1950 s, explaining the process to date. He further explained he was not a land developer, and simply required a further small parcel of land in order to subdivide one section of his lot. Councillor McArthur asked that for clarity recommendation PC read (change underlined): THAT Council give notice that the current designation for the following lots is no longer required and that Council give notice of its intention to commence the preparation of plan changes seeking to rezone the following lots from open space to residential: His Worship the Mayor asked that recommendation PC be amended to delete reference to a period of 33 years as follows: THAT Council agrees to make the land at Maidstone Park identified in Appendix C, available to Orongomai Marae on the terms and conditions to be determined, for a period of 33 years on the basis that if the land is no longer required by Orongomai Marae for the Kohanga Reo, it is returned to Council for public use. THAT Item 1: Public Forum and Item 5: Disposal of Surplus Land within the report of the Policy Committee held on 1 August 2018 be received, noting the amendments to Mr Gareth Seeds public comments and recommendations PC and PC outlined above, and the recommendation therein contained be adopted. C (2) Cr McArthur/His Worship the Mayor 4

5 6. REVIEW OF REPRESENTATION ARRANGEMENTS: 2019 TRIENNIAL ELECTIONS (306/10-009) Report from the Principal Advisor Democratic Services through the Director of Business Transformation and Insight dated 25 July His Worship the Mayor noted the 17 submissions received were in general support of the initial proposal. Councillor Wheeler considered the representation review had been well consulted and submissions were in general support of the status quo. C (2) 1. THAT the report and attachments be received. 2. THAT Council accepts and considers the written submission received in respect of Council s decision for representation arrangements. 3. THAT Council, having regard to communities of interest and effective and fair representation, resolves to adopt the status quo as Upper Hutt City Council s final proposal for the 2018 Representation Review being carried out in accordance with Section 19N of the Local Electoral Act 2001 for the following reasons: a. In general the submissions received during the consultation process (including pre-consultation) supported the status quo; b. The total number of Councillors is proposed to remain at 10 (plus the Mayor) and will continue to provide effective representation to Upper Hutt residents and ratepayers; c. The size of the council is appropriate for the conduct of Council s business; d. The district has a relatively compact geographic area; e. The majority of submissions did not identify specific communities of interest or specific geographical areas; and f. Council is satisfied that the system to elect Councillors at large will continue to provide effective representation to the district as a whole. His Worship the Mayor/Cr Swales 5

6 7. COUNCIL LOAN REQUIREMENTS 2018/2019 (310/03-010) Report from the Chief Financial Officer dated 23 July THAT Council borrows up to $13,868,711 (the Borrowed Sum), being a maximum amount for the purposes stated in Council s 2018/2028 Long Term Plan and 2018/19 Annual Plan for the financial year ended 30 June 2019, and maintains and utilises an overdraft facility (the Overdraft), and may repay and redraw under that facility, for Council s cashflow management up to a maximum outstanding at any time under such facility of $600,000. C (2) 2. THAT the Chief Executive be hereby delegated authority to negotiate and agree the terms, interest rate payable by Council, frequency of interest payments, timing of drawdowns, number of loans, facilities or issues of stock which make up the Borrowed Sum and the Overdraft and all other terms and conditions of such loans or facilities or stock including whether such loans, facilities or stock will be secured under the Debenture Trust Deed, as may be necessary for the obtaining of such loans facilities or stock, and to execute any agreements, documents, certificates in respect of such loans, facilities or stock on behalf of Council in accordance with the Upper Hutt City Council Treasury Risk Management Policy. 3. THAT the Chief Executive be hereby delegated authority to approve all transactions contemplated by the documents required to facilitate the financing of the Borrowed Sum and the Overdraft. 4. THAT in the event the terms and conditions of the Borrowed Sum loan require Council to subscribe to Borrower Notes the Chief Executive is authorised to borrow in addition to the Borrowed Sum the minimum amount necessary to enable Council to subscribe to the number of Borrower Notes required by the terms and conditions of the loan so that the net amount advanced to Council equals the Borrowed Sum. 5. THAT Council authorises the Chief Executive to negotiate and enter suitable Forward Rate Agreements and any security arrangements required by the other party to the Forward Rate Agreement to manage the interest rate risk of the Borrowing in accordance with the Treasure Risk Management Policy. 6. THAT the authorities delegated to the Chief Executive under recommendations 2 and 3 above are also delegated to the Chief Executive to enable the drawdown of any subsequent loans necessary to facilitate the continued financing of the Borrowed Sum and no additional resolution is necessary. 7. THAT the Chief Executive be authorised to sub-delegate powers, duties and discretions, delegated to him under the resolutions above, to members of Council s Executive Leadership Team, as he considers appropriate. Cr Taylor/Cr Carson 6

7 8. DOCUMENTS SEALED (311/01-003) Schedule of Documents Sealed for the period 23 June 2018 to 3 August C (2) THAT the Schedule of Documents Sealed be received and the actions recorded therein be confirmed. His Worship the Mayor/Cr McArthur 9. SEALING AUTHORITY (311/01-003) THAT approval be given for the Common Seal to be affixed to all relevant documents in connection with decisions reported in respect of any of the foregoing and following items. His Worship the Mayor/Cr Swales C (2) 10. GENERAL BUSINESS Councillor McLeod advised that individuals were accessing the park over the bridge by the Wallaceville Church with their cars and damaging the park by performing doughnuts on the grass. She wanted officers to be aware of this and asked that some measures be implemented to protect the park. 11. PUBLIC EXCLUSION Resolution as follows required: THAT the public be excluded from the following parts of the proceedings of this meeting, namely: 12. APPROVAL OF MINUTES 13. APPROVAL OF COMMITTEE REPORTS 14. GENERAL BUSINESS THAT 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: 7

8 GENERAL SUBJECT OF EACH MATTER TO BE CONSIDERED (A) (B) (C) REASONS FOR PASSING THIS RESOLUTION IN RELATION TO EACH MATTER GROUND UNDER SECTION 48(1) FOR THE PASSING OF THIS RESOLUTION Approval of Minutes Approval of Committee Report Minutes General Business The withholding of information is necessary to protect information subject to an obligation of confidence. The withholding of information is necessary to protect information subject to an obligation of confidence. The withholding of information is necessary to protect information subject to an obligation of confidence. Section 7(2)(c) Section 7(2)(c) Section 7(2)(c) This resolution is made in reliance on Section 48(1) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by Section 6 or Section 7 of the Act which would be prejudiced by the holding of the whole or the relevant part of the proceedings of the meeting in public are as specified in Column B above. Cr Swales/Cr Griffiths C (2) The Public Business section of the meeting concluded at 5.10pm. The Public Excluded section of the meeting concluded at 5.25pm. Confirmed this 26 th day of September W N Guppy MAYOR 8