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WHAKATANE DISTRICT COUNCIL EXTRAORDINARY MEETING HELD IN THE COUNCIL CHAMBERS CIVIC

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WHAKATANE DISTRICT COUNCIL EXTRAORDINARY MEETING HELD IN THE COUNCIL CHAMBERS CIVIC Powered By Docstoc
					                              WHAKATANE DISTRICT COUNCIL
                                 EXTRAORDINARY MEETING
                           HELD IN THE COUNCIL CHAMBERS, CIVIC
                                         CENTRE,
  MINUTES OF                 COMMERCE STREET, WHAKATANE,
   MEETING                     ON WEDNESDAY, 17 JUNE 2009
                                  COMMENCING AT 9:00 AM
PRESENT:             His Worship the Mayor C G H Holmes Deputy Mayor G I Hanlen,
                     Councillors A A Bonne, E R Byrne, C Chambers, W B Clark,
                     S Jarrett, G V Johnston, I J Shearer, R N Orr and J Te Kurapa

IN ATTENDANCE:       D A Turner (Chief Executive), D C Bewley (Director Environment and
                     Policy), H Read (Director Works and Services) and C B Hair
                     (Administration Officer Policy)


1.0   ANNOUNCEMENTS

      His Worship the Mayor welcomed Councillors and the public to the meeting and
      advised the submitters that they could speak on individual submissions for five
      minutes and for ten minutes if they represented an organisation or multiple
      submitters. He requested that Councillors seek questions of clarification only from
      the submitters.
2.0   DRAFT LONG-TERM COUNCIL COMMUNITY PLAN 2009-19 SUBMISSIONS

2.1   Don Atkinson, Golden Pond Lifecare Ltd: 848

      Refer to pages 120 of the agenda.

      Mr Atkinson stated that he was representing the elderly people in Golden Pond. He
      stated that this consisted of a 50 bed home, 18 home units and 11 apartments. He
      stated that the apartments did not have cooking facilities and were not caught by this
      issue.

      Mr Atkinson stated that he assumed the aim of the policy was to obtain equality, with
      people living in like circumstances paying a similar level of rate. He stated that the
      people living in Golden Pond were mostly single persons who had a low demand on
      social services of the Council. Mr Atkinson suggested that a better way to deal with
      the issue of equality was to apply a 50% concession, on application, for people living
      alone in single units with a low demand on the Council’s facilities.

      In response to questioning as to whether he was suggesting a 50% concession on
      the UAGC or on all UAC’s, Mr Atkinson stated that he had not thought through to that
      level of detail and he was suggesting a concept.

2.2   John Clary: 885
      Refer to pages 257-260 of the agenda.
      Mr Clary stated that he was concerned that the ratepayers were paying for the
      mistakes of past Councils. He stated that it was not the right time during a recession
      to spend money to improve the town. He stated that he owned a five unit building
      and would have to pay approximately $2,000 more in rates.
                                                                                PAGE 1 OF 127
WHAKATANE DISTRICT COUNCIL—EXTRAORDINARY MEETING: 17 JUNE 2009, 18 JUNE
2009, 19 JUNE 2009, 22 JUNE 2009, 25 JUNE 2009, 26 JUNE 2009, 29 JUNE 2009, 30 JUNE
2009, 2 JULY 2009 –



2.3    Joanne Butler: 330

       Refer to pages 137-141 of the agenda.

       Ms Butler stated that she was speaking on behalf of her elderly mother who was
       being penalised for owing her own home. She asked whether the Council would
       include people living in converted garages, caravans, outside rooms as a SUIPs.

2.4    Reuben Cohen: 202

       Refer to pages 142-145 and tabled document 145A-B.

       Mr Cohen read his tabled submission (refer to tabled document 145A-B) and stated
       he was opposed to the introduction of the SUIPs.

2.5    Chris Kimpton on behalf of Ann Kebbell: 311

       Refer to pages 166-170 of the agenda.

       Mr Kimpton spoke on behalf of Ann Kebbell and stated that he was concerned with
       the way this has been rushed through the Council. He stated that the Council’s fact
       sheet was very good however it seems to have been produced on 4 June 2009 with
       submissions closing on 8 June 2009 and he believed it would have been useful to
       send the fact sheet out with letter dated 28 May 2009. He believed that the principles
       of consultation had not been adhered to, with hundreds of letters being sent out to
       owners who had 6-10 working days to respond. This gave the owners affected very
       little time to seek professional advice. He himself in that limited time had been given
       various opinions from both staff and Councillors.

       He stated that Mrs Kebbell had two units on her property, one of which she rented
       out and one was for family and visitors. He stated that as a result of the Council’s
       proposed policy Mrs Kebbell will have to pay two additional SUIPs whether or not the
       units were occupied and whether she was receiving any income.

       Mr Kimpton referred to the Far North District Council who provided exemptions for
       family members and he believed this was provided for under the Ratings Act and he
       would ask that this be explored further.

       Mr Kimpton stated that people operating homestays under the District Plan could
       have up to five guests as a permitted activity and they would be exempt from the
       SUIP policy. He stated that people may choose to convert to homestays and
       technically all they had to do is offer a meal to quality.

       Mr Kimpton stated that the impact on Mrs Kebbell’s rate would be far in excess of the
       rates figures supplied in the draft LTCCP and would increase from $2,408 to $3,017
       for one SUIP and for two units the figure would be nearer to $4,000 which was a
       huge increase in rates.

       Mr Kimpton asked that the Council take more time to consult with the public about
       such an important policy. He suggested that the Council hold public meetings and
       defer introducing the policy until further consultation had been undertaken. He
       believed the Council should discuss the cost implications with the public. He did not
       think the Council had thought this policy through.
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WHAKATANE DISTRICT COUNCIL—EXTRAORDINARY MEETING: 17 JUNE 2009, 18 JUNE
2009, 19 JUNE 2009, 22 JUNE 2009, 25 JUNE 2009, 26 JUNE 2009, 29 JUNE 2009, 30 JUNE
2009, 2 JULY 2009 –



       Mrs Kebbell stated that according to her calculations her rates would more than
       double because she had two units. She stated that with the seasonal high costs of
       rubbish and water her rates could increase to $5,000. She stated that this was not a
       city and she could not charge city prices for her unit. She believed that her tenant
       would move to cheaper accommodation if the rent was raised.

2.6    Peter Craig: 805

       Refer to pages 146-150 of the agenda.

       Mr Craig stated that he believed the Council needed to spend more time on the
       SUIPs policy before implementing it. He believed the next step would be for property
       owners as a group to get together to fight the policy and he would be happy to
       contribute to such a group.

2.7    Richard Ford: 544

       Refer to pages 156-161 of the agenda.

       Mr Ford stated that he was alarmed when he received the letter from the Council
       advising him that he would be charged an extra $900 per tenant in his building. He
       stated that he had 12 tenants, mostly small businesses who did not turn over much
       money. He stated that the building was not fully tenanted and was a unique building
       in that it catered for small businesses and there were not many opportunities for
       those types of business in Whakatane.

       He stated he currently paid $22,000 in ground leases and $12,000 in rates pa to the
       Council and an increase of this size would push them beyond their ability to pay. He
       stated that his income had gone down and his costs had gone up considerably in the
       last two years. He believed the Council was creating a lot of stress for people and it
       had come “out of the blue” with no one planning or preparing for the change. He
       stated that this had created stress for himself and his wife. He believed that this
       policy would drive small businesses out of town and they would never come back.

2.8    Keith Melville, Karibu Packbackers and Motel: 1047

       Refer to pages 175-179 of the agenda.

       Mr Melville spoke to his submission and stated that he owned and operated Karibu
       Backpackers on 13 Landing Road and the Motel on 9 Landing Road. He stated that
       he had received a letter from the Council advising that he would be charged an extra
       $850 per unit for each of the four units on 9 Landing Road. He stated that he
       operated the units as a motel and while he was not opposed to paying his fair share
       in this case he was not been treated equally with other motels who were exempt from
       the SUIPs policy.

       Mr Melville stated that his backpacker’s accommodation could sleep 19-20 people
       and was often full in summer and was not being charged additional rates under the
       SUIPs policy. The motel could sleep 16 people maximum and would be charged a
       SUIP which would push up his rates bill from $3,400 to over $6,000. This contrasted
       to the rates bill for the backpackers which he believed would rise by 6%.



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WHAKATANE DISTRICT COUNCIL—EXTRAORDINARY MEETING: 17 JUNE 2009, 18 JUNE
2009, 19 JUNE 2009, 22 JUNE 2009, 25 JUNE 2009, 26 JUNE 2009, 29 JUNE 2009, 30 JUNE
2009, 2 JULY 2009 –


       He believed there was something glaringly wrong with this and he requested an
       exemption for the motel at 9 Landing Road which was used for an overflow of
       backpackers and temporary accommodation for people looking for permanent
       accommodation.

       Mr Melville was asked if he received the further information in the email and he
       stated he had not.

2.9    Sabine Poppe: 75

       Refer to pages 184-187 of the agenda.

       Ms Poppe stated that they owned the Ohope Beach Medical Centre and Pharmacy
       and had received a letter from the Council advising that they would be charged four
       SUIPs for this property.

       Ms Poppe stated that someone must have driven past the centre and seen signs for
       the medical centre, the pharmacy, midwife and massage therapist and concluded
       that four SUIPs were payable.

       Ms Poppe stated that the massage therapist operated two mornings a week although
       at the moment they operated one morning per fortnight. Similarly the midwife
       operated one morning per week and did not pay rent and the medical centre covers
       heating costs. She stated that these were two small businesses which operated out
       of the centre as a service to the community.

       Ms Poppe requested that if a SUIP is to be applied by the Council that there be
       definite indicators as to when it was applied e.g. hours of trading which would
       indicate the size of a business. She stated that if these two small businesses were to
       be charged a SUIP each they would not be able to afford to operate there and the
       centre would also not be able to cover these costs and the community would lose
       these services.

2.10   Gerard van Beek: 406

       Refer to page 196-205 of the agenda.

       Mr van Beek stated that he was involved in three businesses, his own farm, a
       business with his brother and he was also in partnership with his father and they
       owned a building in town. Mr van Beek outlined how each of his businesses would be
       affected unfairly by the introduction of the SUIP.

       Mr van Beek stated that this policy was a change to the way the Council collected
       rates and he asked the Council to consider what they were trying to address by doing
       so. He stated that the Council was loading rates onto businesses and reducing the
       rates for the general populace. Mr van Beek stated that he had suggested a
       mechanism in his submission which provided more definition.

       Mr van Beek stated he was not personally affected by the change to the Whakatane
       water but he did think it was wrong to double the charge in summer. He stated that
       Whakatane was dependent on having tourists and visitors in the summer months.
       He believed it was a blunt tool to hid the problem of underinvestment in water and
       sewerage over the last 20 years.


                                                                                 PAGE 4 OF 127
WHAKATANE DISTRICT COUNCIL—EXTRAORDINARY MEETING: 17 JUNE 2009, 18 JUNE
2009, 19 JUNE 2009, 22 JUNE 2009, 25 JUNE 2009, 26 JUNE 2009, 29 JUNE 2009, 30 JUNE
2009, 2 JULY 2009 –


       Mr van Beek stated that he couldn’t see how the Council could join the Whakatane
       and Ohope schemes together and charge the same rate. He believed it defied
       accounting logic.

       Mr van Beek stated that he pointed out that between the three businesses he paid
       over $9,500 in roading rates. He stated that because farms had a huge capital value
       it was assumed they had the ability to pay huge rates however just because his
       business was capital intensive should not mean he should pay such exorbitant
       roading rates when someone living in town with a low capital value paid very little
       towards the roading network.

2.11   Bernie Mueller: 286

       Refer to pages 2011-2014 of the agenda.

       Mr Mueller stated that he was told to save for his retirement but with this manoeuvre
       he would find half of his retirement fund disappearing in one foul swoop.

2.12   Geoffrey Monks:

       Refer to pages 581-584 of the agenda.

       Mr Monks stated that the CBD was vital in the maritime tourism and development of
       the town.

       Mr Monks stated that he believed that subsidised accommodation for the elderly was
       an obligation accepted by all in the community. He stated that he was opposed to
       the privatisation proposed and disappointed it had been suggested.’

       Mr Monks believed that the introduction of a rural rubbish UAC was the antithesis of
       a user pays philosophy. He believed the fee for non-usage would encourage rural
       citizens to abandon their trips to the recycling station and was in his opinion a
       retrograde step. He stated that many rural houses were well back from the main
       road and people would have to manoeuvre the wheelie bin over long distances both
       to put out the rubbish and retrieve the bin. He stated that he himself made four trips
       to the recycling centre annually which cost him approximately $100 and the Council
       was proposing to charge $300 for the non-use of the service.

       Mr Monks stated that in terms of the harbour endowment fund he believed the fund
       was there to provide harbour management and he believed it took vigilance on the
       part of the ratepayers to see that the Council avoided the temptation to dip into the
       fund.

       Mr Monks stated that in terms of the SUIPs he believed the community cannot afford
       the SUIPs. He asked the Council to focus on core business and stated the
       community cannot afford the things on the wish list.

       In response to questioning as to whether he supported some use of the harbour fund
       for disaster mitigation and the Town Vision Advisory Board Mr Monks stated that he
       believed the fund has a purpose for the development and maintenance of the
       harbour and the funds should be used of this purpose only.




                                                                                 PAGE 5 OF 127
WHAKATANE DISTRICT COUNCIL—EXTRAORDINARY MEETING: 17 JUNE 2009, 18 JUNE
2009, 19 JUNE 2009, 22 JUNE 2009, 25 JUNE 2009, 26 JUNE 2009, 29 JUNE 2009, 30 JUNE
2009, 2 JULY 2009 –



2.13   Robyn Askey: 586

       Refer to pages 455-459 of the agenda and tabled document 459A-E.

       Ms Askey read her tabled submission (refer to tabled document 495A-E).

2.14   Robyn Anderson: 204

       Refer to pages 507-510 of the agenda.

       Mr Anderson stated that he lived just outside of Taneatua and he was concerned with
       the rating for rubbish collection for people in rural areas who do not currently receive
       rubbish collections. He understood that the rubbish dump was to close and the
       Council was looking at green waste disposal and communicating with the Kawerau
       District Council however he did not see why people in the rural area had to pay for
       the transfer of household rubbish.

       Mr Anderson stated that he supported the retention of community boards. He
       believed that community board members knew their community, knew the families in
       their area and people felt able to approach them and speak to them about their
       concerns. Mr Anderson suggested that maybe part of the rates collected could go
       back to the boards.

       Mr Anderson stated that in terms of dog registration fees he believed that dog owners
       were being punished for being good dog owners. He stated that he himself had eight
       dogs used for hunting, for putting kai on the table and there were others who did the
       same. He stated that if the dog fees kept rising people would not register their dogs
       and he knew people who hid dogs now. He suggested that half of the registration fee
       go to the RSPCA.

2.15   Julia Trigg: 834

       Refer to pages 192-195 of the agenda.

       Ms Trigg stated that she believed the Council would collect extra money from the
       SUIPs policy. She asked why the Council wanted to change the way they collected
       rates and asked the reason for their change in policy.

       Ms Trigg believed that the introduction of SUIPs would cause rents to rise for people
       with small places and may close some businesses with low incomes. She asked the
       Council to look into why and how it was going to be charged and if it would result in
       businesses being closed down then that was not what the town wanted to see. She
       stated they wanted to see Whakatane grow.

       Ms Trigg asked what provision was made to enable those people renting pensioner
       flats to remain in their properties. She believed they needed to be kept running as
       pensioner units. Ms Trigg stated that with the advent of the baby boomers coming up
       to retirement there was an increasing need for pensioner housing and asked why the
       Council would consider disposing of them.

2.16   Chris Sides: 303

       Refer to pages 547-550 of the agenda.
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2009, 19 JUNE 2009, 22 JUNE 2009, 25 JUNE 2009, 26 JUNE 2009, 29 JUNE 2009, 30 JUNE
2009, 2 JULY 2009 –



       Mr Sides stated that it was unethical to sell off pensioner housing. He stated that the
       Council existed to promote the well being of the people.

       Mr Sides believed the introduction of a UAC for refuse was inconsistent with the
       Council’s policy of user pay.

       Mr Sides stated that he believed borrowing rather than living within ones income was
       a bad deal for ratepayers. It also meant that in the future people would be paying
       even if they received no benefit and would have no say about what they were paying
       for. Mr Sides gave the example of Hutt City Council where they ensured the rates
       were the same as the previous year plus inflation. He stated that no ratepayers would
       do their own finances in this manner.

       Mr Sides stated that he believed the Council should pass the Arts and Culture Centre
       activities to Te Whare Wananga O Awanuiarangi who he believed were the experts
       on history and culture. He believed that we could be the subtropical Dunedin, relying
       on our university if industry disappears.

       Mr Sides stated that community boards were more representative than ratepayer
       associations and did allow for participation.

2.17   Tom Bayliss: 894

       Refer to pages 3062-3069 of the agenda.

       Mr Bayliss stated that tourism was one of the big money earners for the town and the
       town needed facilities to host conference and sporting events. He would be happy
       for his rates to increase if money was to be spent on these things.

       Mr Bayliss commended the Council for the work on the cycleway although he
       believed the top of the Mokorua Gorge was a dangerous place and he suggested
       using judder bars to protect cyclists. He was still waiting for the Awakeri cycle track to
       happen and he believed there was great tourism potential.

       Mr Bayliss stated that he believed that the performing arts were important and that
       we had musical theatre and brass bands of a national standard however the existing
       facilities needed to be improved. He believed that an indoor sports centre should be
       built and then the existing Whakatane stadium could be improved. Mr Bayliss
       recommended that the town vision be put on hold until 2015. He believed that an
       indoor events centre would make Whakatane as happening a place as Taupo,
       Tauranga and Rotorua.

       He believed the sports stadium could be turned into a large scale cultural shows and
       events and the Council could house the library and museum in large empty buildings
       in town. He believed the Council should work with Ngäti Awa who had money and
       expertise.

       Mr Bayliss believed it was irresponsible of the Council to sell of pensioner housing.
       He believed the proposed reduction in Councillors and Community Boards was
       undemocratic and would not work.

       Mr Bayliss suggested that the Council spend money on a dredge that worked and
       build retaining walls to deal with the problem with the bar.
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2009, 19 JUNE 2009, 22 JUNE 2009, 25 JUNE 2009, 26 JUNE 2009, 29 JUNE 2009, 30 JUNE
2009, 2 JULY 2009 –



       Mr Bayliss believes that the selling off of reserves was a throw back to Rogernomics
       days.

       Mr Bayliss stated that there was no mention of heritage and biological diversity
       provisions and he believed the Council should help farmers to preserve bush areas.

       Mr Bayliss stated that the Council should develop the western bank of the
       Whakatane River by enhancing tree planning and making it a walkway with a lot of
       tourism potential.

       Mr Bayliss stated that there had been a lot of criticism at the time the Little Theatre
       was built but this had been a very successful addition to the town and he urged the
       Council to put money into things which would bring success and money into the
       town.

2.18   Joshua Kalan: 814

       Refer to pages 420-425 of the agenda and tabled document 425A.

       Mr Kalan read his tabled submission (refer to tabled document 425A). Mr Kalan
       stated that the Council needed to bear in mind that one day they maybe pensioners
       and their welfare and safety would be in the hands of another person’s good will and
       he asked them to consider this before hocking off the pensioner housing.

2.19   Barry Cutfield, Harbour Advisory Board: 181

       Refer to pages 520-522 of the agenda and tabled document 522A.

       Mr Cutfield read the tabled submission on behalf of the Harbour Advisory Board
       (refer to tabled document 522A).

       Mr Cutfield stated that the harbour endowment fund needed to be applied to the
       operation and development of the harbour, as originally intended. He submitted that
       the harbour endowment fund should not be applied to Toi EDA or disaster mitigation
       rates as these were not valid uses of the fund. \

       Mr Cutfield stated that the key feature of Whakatane was the harbour and it provided
       for a vital tourism sector as well as lifestyle value. He stated that a fully functioning
       all tide harbour was essential for the economic stimulus of the district.

       Mr Cutfield stated that in the world wherever there was a river mouth entrance there
       was typically an entrance structure and he knew this because he had extensively
       travelled and one day we would get to that point in Whakatane. He stated that the
       solution would be a combination of hard works, ongoing maintenance and civil works,
       which may or may not be in the form of a western training wall. He stated that there
       will also be the need for ongoing dredging. He stated it would be irresponsible of the
       Council to progress with supporting a marina in the harbour if they did not progress at
       the same time with entrance improvements.

       Mr Cutfield stated that the Council, with Harbour Advisory Board support, was
       embarking on an investigation phase for entrance improvements. He stated that in
       the view of several board colleagues now was a good time to progress and there was
       widespread recognition of the importance of the harbour well being.
                                                                                   PAGE 8 OF 127
WHAKATANE DISTRICT COUNCIL—EXTRAORDINARY MEETING: 17 JUNE 2009, 18 JUNE
2009, 19 JUNE 2009, 22 JUNE 2009, 25 JUNE 2009, 26 JUNE 2009, 29 JUNE 2009, 30 JUNE
2009, 2 JULY 2009 –


       Mr Cutfield read out the Board’s specific recommendations (refer to tabled document
       522A).

       In response to questioning as to whether he was eliminating the possibility of the
       western training wall, Mr Cutfield advised that they had not got near the point of
       discounting it and this would be determined by the modelling being undertaken.

       In response to questioning as to whether he believed the harbour endowment fund
       should be used to pay for the Town Vision Advisory Board, Mr Cutfield replied that
       where there was benefit arising for the harbour endowment land there would be a
       clear connection.

2.20   Don Herdman: 563

       Refer to pages 570-573 of the agenda.

       Mr Herdman stated that he was concerned with the Council proposal to disband the
       Murupara Community Board and close down the Murupara Service Centre. He
       believed that the Council needed to support the ratepayers across the whole district
       and he was concerned that the people of Murupara, Ruatahuna and Minginui would
       be isolated.

       Mr Herdman stated that the idea of selling reserves had been discussed by the
       Council many times over the years however when people lived closely together in
       town there was a need for reserves, for passive recreational areas where people can
       walk and enjoy themselves.

       Mr Herdman asked the Council to think seriously before deciding to sell pensioner
       housing. He stated that this Council had for years been organised to help people
       and listen to ratepayers. He stated that if private business took ownership they
       would invariable be in the business of making money and would put the price up on
       the pensioner flats and those living there now would be unable to afford to live there
       in the future.

       Mr Herdman asked the Council to look seriously at the harbour endowment fund. He
       had recently visited Cofts Harbour and made a point of looking at their harbour wall.
       He believed the harbour was there for lots of people to use and it was important that
       the Council do something about the spit right now. He urged Councillors to do
       something suggested by engineers.

2.21   Don Lewell, Whakatane Yacht Club: 506

       Refer to pages 574-580 of the agenda.

       Mr Lewell spoke on behalf of the Whakatane Yacht Club who were an enthusiastic
       group of boaties. He stated while they may have only a small membership there
       were many members with significant business interests in the town and district.

       Mr Lewell stated that they strongly believed the harbour reflects the cultural, historical
       environment and adds to the attractiveness of the town. He stated that much
       economic activity is stimulated by the harbour.

       Mr Lewell stated that the harbour endowment fund should be used to mitigate the
       effects of land reclamation on the harbour.
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WHAKATANE DISTRICT COUNCIL—EXTRAORDINARY MEETING: 17 JUNE 2009, 18 JUNE
2009, 19 JUNE 2009, 22 JUNE 2009, 25 JUNE 2009, 26 JUNE 2009, 29 JUNE 2009, 30 JUNE
2009, 2 JULY 2009 –


       He referred to old photographs which showed people catching flounder in Boon
       Street. He stated that this was the original intention of the funds.

       Mr Lewell asked the Council to retain the existing funding formula, reject the use of
       the harbour endowment fund for district wide expenses and ensure the funds are
       used solely for the benefit of the harbour and endowment lands.

       Mr Lewell stated that the harbour was the centrepiece of the Whakatane community
       and deserved better management.

       In response to questioning as to whether he believed the funds should be used for
       the Town Vision Advisory Board Mr Lewell stated that he personally had no objection
       to parts of the fund being used to enhance the Whakatane town centre.

2.22   Don Quigley: 790

       Refer to pages 585-588 of the agenda.

       Mr Quigley stated that he was not here in any capacity to represent the Coastguard.

       Mr Quigley stated that he had spent many hours watching the river mouth and he
       believed the Council had done nothing to rectify the problem which caused
       inconvenience and financial loss to tourism and charter boat operators. He believed
       the Council should reinstate the harbour board whose only duty would be to maintain
       harbour, provide financial resources and reserves and to protect assets from misuse
       by this and future councils.

       Mr Quigley expressed his concern with the plans for the Arts and Culture Centre and
       believed this was an unwanted and unneeded facility.

2.23   Peter Tait, White Island Tours: 294

       Refer to pages 589-591 of the agenda.

       Mr Tait endorsed the Harbour Advisory Board comments. He stated that he strongly
       objected to the change in SUIPs and stated that his business would now be charged
       for three units, the office, the motel and the café which did not make sense as they
       were all part of one business. He believed there were too many grey areas in the
       SUIPs policy. He also had difficulty in seeing how it would work in practice. He
       believed that the Council would ruin the hear of the town if they carried on with this
       proposal. He stated that it was the business heart which created employment.

       Mr Tait stated that small businesses were the ones always putting up their hand to
       sponsor local groups and he stated that they could not be expected to do all the
       sponsorship as well as pay extra rates.

       Mr Tait stated that he opposed the use of the harbour endowment fund for anything
       other than use of harbour operational and maintenance requirements. Mr Tait stated
       that his business ran trips to White Island and this was now one of the leading tourist
       attractions in New Zealand and the potential was mind boggling. He stated that the
       Council had to decide if it was going to be a tourist town, the gateway to White
       Island.



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2009, 19 JUNE 2009, 22 JUNE 2009, 25 JUNE 2009, 26 JUNE 2009, 29 JUNE 2009, 30 JUNE
2009, 2 JULY 2009 –


       Mr Tait gave an example of 20 business people who came to Whakatane for the
       White Island trip however he stated they spent two nights in motels other than his
       own, they ate out at restaurants and did other recreational activities. He stated that
       for this to be reproduced many times over there was a need to have a harbour in a
       state where they can at least run their boats safely at most times. He stated that they
       realised they worked out of a river bar and there would be times when they could not
       get out when the sea was rough however they did not expect to go through what they
       had just gone through in the last three months. He stated that they had purchased a
       boat to transport people over the bar to their main boat however they couldn’t even
       do that because the bar was too shallow and people were getting back into the
       harbour at 10 pm at night which was unacceptable.

       He asked the Council to use the harbour endowment fund to build a safe all weather
       harbour so tourism can grow and proper.

2.24   Roger White: 515

       Refer to pages 592-595 of the agenda.

       Mr White stated that he believed the provision of pensioner housing was a central
       government issue and he believed the Council should hand all forms of social welfare
       back to central government. Mr White stated that central government imposed huge
       costs on Council spending and he believed rates should pay for infrastructure not for
       social welfare.

       Mr White stated he supported the retention of ten councillors as believed they were
       needed to avoid the Council being hijacked by staff. Mr White believed that there
       were negative attitudes from staff who imposed screeds of paper on Councillors.

       Mr White stated that he lived at the Heads and watched the activity, he had worked
       with Mr Robinson 25 years ago on his plans for the marina and he believed the
       Council response has been negative in the extreme.

       Mr White believed the harbour endowment fund should be used to develop a marina
       and build a rock wall and other harbour related activities.

       Mr White stated that he believed the Council should not be competing with Ngäti Awa
       for a cultural centre. He believed the Council needed to look at the Opotiki District
       Council model which used the historical society and other interested persons to run
       their museum.

       Mr White suggested that the Council introduce ratepayers associations in each area,
       and resource them adequately.

       Mr White suggested that the Council build a second bridge over the river from
       McAlister Street to provide for the future expansion of the town and provide quick
       access to Coastlands. He believed the Council should pay for growth by more
       ratepayers rather than higher rates.

2.25   John Baker on behalf of Mick Goodwin, Whakatane Charter Fishing Cluster:
       196

       Refer to pages 3176-3178 of the agenda.


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       Mr Baker stated that he was representing Mick Goodwin, Chairperson of the
       Whakatane Charter Fishing Cluster which consisted of 21 members. He stated that
       the charter fishing operators were concerned with the fees on the wharf and the
       proposal to increase Berthage by 14.6%. They believed that as an industry charter
       boat operators were under pressure from the economic recession and asked that the
       Council impose a freeze on current Berthage fees until the crisis had passed. He
       stated that they had researched charges in other areas and Whakatane was more
       expensive than most other ports. He stated that the survey had shocked them and
       they realised that they were overcharged.

       Mr Baker stated that the bar access had been disgraceful and, while they were
       grateful for the help from the Council in their efforts to improve bar access, it looked
       like important fishing tournaments would be moving to Tauranga.

       Mr Baker stated that the ideals of the charter fishing cluster were close to that of the
       sports fishing club, they were worried about the loss of tournaments and business to
       Tauranga. He stated that the safety of passengers was paramount and the possibility
       of being stuck on the bar had increased. He stated that it took only one accident to
       shut down the charter industry for a number of years. He urged the Council to
       reinstate the western training wall to obtain a minimum depth of 2 m at mean low
       water.

2.26   Robert Bruere: 367

       Refer to pages 406-411 of the agenda.

       Rev Bruere advised that he was the local Anglican priest. He asked the Council to
       reconsider the intention to divest pensioner housing. He stated that he had included
       a number of reasons in his submission why the Council should retain pensioner
       housing including the duty of the Council to care for the vulnerable people in society.
       He stated that this was not the first or the last time that the Council would find itself
       with financial restraints. He stated that many residents of the pensioner houses
       undertook voluntary work in the community. He believed that the Council had not
       researched the origins of the funding for the pensioner housing.

       Rev Bruere challenged the oft quoted reason that the Council was not very good at
       running pensioner housing. He stated that he believed the Council was doing a good
       job and had done better in recent times. He believed that housing for the elderly was
       well administered by the Council.

2.27   Geoffrey Neilson: 1073

       Refer to pages 1042-1047 of the agenda.

       Mr Neilson stated that he got the sense that the Council had not thought through the
       proposal for SUIPs. He believed that it would increase the rating burden of many,
       especially in Minginui. He asked whether the Council was intending to rate the
       community out of existence. He asked what the effect would be of elderly
       resthomes, papakainga, marae and pensioner housing. He believed that the SUIP
       proposal requires a longer and wider consideration and he asked the Council to put
       this on hold until they had seen a social impact report.

       Mr Neilson advised that he was once the Vicar of Murupara and he recalled a vibrant
       community which became a borough council.
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       He remembered the building of the hall and stated that the borough had created
       assets which the Council was not wanting to sell and he asked if the proceeds from
       the sale would be applied to that community to reduce the rates burden or whether it
       was old fashioned asset stripping. He believed the community needed lots of support
       rather than further impoverishments.

       Mr Neilson stated that the harbour endowment fund was not an endless stream of
       money which the Council could extract and he stated that the money needed to be
       spent on the harbour. He believed the problem was the visionary expenditure the
       Council had embarked on and he asked the Council to cut its cloth according to its
       income. He stated that the visions of the few lead to nightmares for others.

       Mr Neilson stated that most pensioners were on fixed incomes and the rates increase
       was expected to be 31% in three years time. He asked that the Council not follow
       the example of Environment Bay of Plenty who met public submissions with stony
       faces and blocked ears and he asked that the Councillors open their ears and their
       hearts to compassion.

2.28   Colin Hammond: 343

       Refer to page 908 of the agenda and tabled documents 908A-F.

       Mr Hammond read his tabled submission (refer to tabled document 908A-F) on the
       following issues:

       1.     Sale of pensioner housing
       2.     Use of harbour fund
       3.     Council representation
       4.     Murupara Service Centre
       5.     Council debt level
       6.     Delay in residential development review for the Whakatane District
       7.     Sale of Rural Halls
       8.     SUIPs
       9.     Reduction in grant for community development

2.29   Jan Sobels: 52

       Refer to pages 922-926 of the agenda.

       Ms Sobels stated that she was on an invalids benefit and lived in the Council flats
       and she objected to the flats been sold. She asked where she could go if the flats
       were sold?

2.30   Marianne Watkins: 844

       Refer to pages 875-884 of the agenda.

       Ms Watkins stated that she felt that the decisions had been made without public
       consultation and she would like to see smaller public sessions in which issues can be
       explored rather than doing so in the Council Chambers where people felt out of
       place. A more intimate setting would enable people to voice their concerns.

       She felt ignored and dismissed as ratepayers and she believed the Council had a
       moral obligation to consider and act on these matters.
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2009, 2 JULY 2009 –



2.31   Bonnie Savage: 730

       Refer to pages 53-67 of the agenda.

       Ms Savage stated that she opposed the disestablishment of the Kaitakawaenga
       Māori and Safer Community Co-ordinator positions. She reminded the Council of the
       Tutohinga, Memorandum of Understanding between the Council and the Iwi Liaison
       Committee and stated that the Kaitakawaenga Māori position was key to the mutual
       understanding and respect that each culture required of each other.

       Ms Savage stated that she believed the closure of the Murupara Service Centre
       would impact negatively on that community’s dynamics and the Council needed to
       increase support rather than decrease support.

       Ms Savage stated that she believed education was the key to change behaviour at a
       personal as well as regional and global level in regard to waste and recycling. She
       believed it was important to come up with models collaboratively through shared
       ideas. She offered her services to assist the Council and advised that the Treaty of
       Waitangi was not reflected in the decisions around waste.

       Ms Savage objected to the Council selling off the pensioner housing stock. She felt
       ashamed that the elderly had to hit the streets to protest. She asked when did the
       Council get into profit over people? She believed it was illogical to sell.

       Ms Savage stated that she admired the layout of the Christchurch summary of the
       LTCCP and suggested that the Council redesign their layout to invite participation.

       Ms Savage requested the Council turn their gardens into practical food gardens
       rather than decorative gardens.

2.32   Stu Churches: 28

       Refer to page 563 of the agenda.

       Mr Churches stated that he was a keen fisherman and member of the fishing club
       and was worried about the harbour fund. He believed it should be used for harbour
       improvements only and he stated that the harbour was important for the economic
       viability of the town such as tourists going out to White Island.

       Mr Churches stated that two months ago he hit the sandbar and a few weeks ago,
       coming in late at night he had come the closest he had ever been to losing the boat
       on the bar as he was millimetres away from the rock wall.

       Mr Churches stated he would like to see the groin going ahead and he believed the
       logical place for the marina was above the yacht club.

       In regard to the landfill Mr Churches believed the Council could use a valley
       somewhere instead of shifting refuse out of town.

       Mr Churches stated he believed the old Farmers building would make a great library.

       Mr Churches stated that some of the Norfolk Pines along Ocean Road were broken,
       some had double trunks and needed to be tidied up and even spaced.
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       Mr Churches stated that rate increases should be tied to inflation and special
       projects. It was hard for retired people to deal with continuing high rates increases.

2.33   Ida Rose:

       Refer to pages 4720-4723 of the agenda and tabled document 4723A-C.

       Mrs Rose read her submission (refer to tabled document 4723A-C) which covered:

             Council housing
             Memorial/community halls
             Cuts and deferments
             Harbour Fund

2.34   Glenn Baker: 895

       Refer to pages 6-10 of the agenda and tabled document 10A-B.

       Mr Baker read his tabled submission (refer to tabled document 10A-B).

       In response to questioning regarding his comments about the construction of the
       Ohope Road Mr Baker stated that as a practitioner he was aware that the base
       course cannot go hard in the middle of winter and he believed that the seal was
       starting to pack up now with water popping up all over the place.

2.35   Roger Waugh: 308

       Refer to pages 1151-1154 of the agenda and tabled document 1154A

       Mr Waugh read his tabled submission regarding the sale of Port Ohope land and the
       Port Ohope Concept Plan (refer to tabled document 1154A).

2.36   David Austin: 770

       Refer to pages 1155-1158 of the agenda and tabled document 1158A.

       Mr Austin read his tabled submission (refer to tabled document 1158A).

2.37   Alan Spears, Whakatane Branch New Zealand Society of Genealogists: 297

       Refer to pages 1177-1182 of the agenda.

       Mr Spears spoke to the submission on behalf of the Whakatane Branch of the
       New Zealand Society of Genealogists (the Society). Mr Spears stated that the
       Society had built up a considerable library and holdings which had been housed in
       the museum. He stated it was a valuable collection and needed to be housed in
       proper museum conditions. He stated the Society proposes that the Council use
       existing buildings in Whakatane that they believe could be adapted easily and at a
       minimum cost in relation to a new building. He suggested either the Farmers old
       building or Briscoe’s as these both had good access for the public. Mr Spears stated
       that the Council could meet al the needs of the community by expanding and
       enhancing the museum and gallery where it was without the creation of yet another
       large building and using technology to link a relocated and enhanced library.
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       Mr Spears stated that the library and museum did not have to be in close proximity to
       each other. He stated that the public did not need a wonderful edifice but did need
       facilities with acceptable meeting rooms, research facilities and the ability to house
       artefacts correctly. He stated that once items were put into storage they seldom
       came back because people forgot they were there.

       Mr Spears stated that the Society had at fairly short notice been told to find
       alternative facilities for their collection and were told that this situation would last for
       approximately eight months. He stated that the eight months was growing into years
       and they did not know when they would be able to move back into the museum. He
       stated that they had to find another alternative accommodation site which was far
       from satisfactory.

2.38   Pat Doran: 6

       Refer to pages 1183 -1190 of the agenda.

       Mrs Doran stated that the library was too small and she believed the Farmers
       Building was an ideal place for the library to move into and there would be room for
       museum displays, archives as well as a mezzanine space suitable for behind the
       scenes workspace. She referred to the Tauranga City Council who had four good
       sized libraries.

2.39   Helen Futter: 216

       Refer to pages 1191-1194 of the agenda.

       Mrs Futter stated that she was concerned that the Council was deferring water
       services and wastewater projects in order to fund the development of a new library
       and museum. She asked that the Council retain an awareness of the need for public
       health to be put as the highest priority.

2.40   Warner Haldane: Whakatane District Historical Society: 918

       Refer to pages 1301-1307 of the agenda.

       Mr Haldane spoke on behalf of the Whakatane District Historical Society and stated
       that the proposal for three buildings was both expensive and cumbersome. He
       stated that retrofitting the museum for the library was an unfortunate idea because of
       the inferior building. He believed it would be much cheaper to look at an existing but
       vacant property in the CBD. He stated that separating display and storage functions
       of the museum would increase staff requirements and raise a security issue when
       transferring material from one building to the other. He stated that increases in staff
       would increase the ongoing running costs which was more often the problem than
       the capital costs.

       Mr Haldane stated that he believed the museum and gallery should be developed on
       the existing site, either by demolition of the older parts of the building and extending
       south to Pyne Street.

2.41   Warner Haldane: 821

       Refer to pages 1195-1201 of the agenda.
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       Mr Haldane stated that he was making his submission as a former Curator of the
       Whakatane District Museum and Gallery as well as having had a career as a
       museum and gallery professional in various institutions in New Zealand and around
       the world.

       Mr Haldane stated that he supported the allocation of $4.4 million and the further
       amount the Council intended to raise towards the first stage of redeveloping the
       museum, gallery and library. However he strongly opposed the plan to retrofit the
       current museum and gallery building for use by the library. He stated that the
       building itself was of indifferent quality and it would also displace the museum and
       gallery reducing even further public access to the collections which has already been
       curtailed for far too long. He stated that he had been advised that the museum and
       gallery building would be unfit for library purposes, even after extensive refitting.

       Mr Haldane stated that he opposed the proposal to separate the reserve collection
       storage from the display functions. He stated that even if not on display, the reserve
       collections, both archives and objects, should be readily accessible to the public and
       staff. If there are two separate sites, additional staff will be required. He stated that
       he was opposed to any heritage collections been near the river given the floor risk
       which with global climate change would only get worse. He believed that this town
       was well supplied with café facilities and it was not the Council’s business to run in
       competition with existing businesses.

       Mr Haldane stated that ideally at some future point the library, museum and gallery
       could be housed in the same building in order to share costs and he would suggest
       that the Council consider redeveloping the area south of the museum which
       potentially a multi-storey building could be built.

       Mr Haldane cautioned the Council against over-enthusiastic projections of revenue
       under the present governance as in his experience it was better to be cautious.

2.42   John Lifton, Arts and Culture Group: 1038

       Refer to pages 1168-1176 of the agenda.

       Mr Lifton spoke on behalf of the Arts and Culture Group. He stated that they realised
       the Council had a difficult decision to make in regard to the proposed Arts and
       Culture Centre.

       Mr Lifton stated that they believed it would be unwise and expensive to close down
       the museum and archives to put in specially built storage as that would spell the
       death of museum. He believed this would stop access to the contents for an
       indefinite period.

       Mr Lifton stated that the museum building was not suitable for a library as it was a
       dark building and there would need to be expensive alterations to make it usable as a
       library. He stated that the upper storey had limited access and wiring and could not
       accommodate technology. There was limited parking available for the building and
       access was difficult.

       Mr Lifton stated that the Council would be in competition with local businesses in
       terms of cafés.


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2009, 2 JULY 2009 –


       Mr Lifton stated that he believed the $1 mill for a conversion was no where near
       enough money and he suggested that they lease or purchase the vacant Farmers
       building. He stated the location was favourable with good foot traffic, it had internal
       lifts and wheelchair access, there would be minor alterations required to convert to a
       library and there would be room for a children’s library and extra rooms for
       organisations such as theirs to use.

       Mr Lifton asked the Council to change their minds.

2.43   Carol Spanhake: Spansearch Ltd: 890

       Refer to pages 1221-1229 of the agenda.

       Mrs Spanhake stated that she was a practising librarian and is self employed in the
       library field.

       Mrs Spanhake stated that she was invited to a meeting of the Arts and Culture Group
       regarding the proposed Arts and Culture Centre. She stated that this meeting
       represented a diverse range of groups who normally did not have a unanimous
       position however she found that they all had come to the same conclusion, which
       was they were opposed to the proposal for an Arts and Culture Centre. She believed
       that without any co-ordination there had been a number of letters to the paper and
       she thought that there was a communal opinion that the proposal as it stands in the
       draft LTCCP was not suitable.

2.44   Rosemary Sloman: 903

       Refer to pages 1216-1220 of the agenda.

       Ms Sloman stated that she agreed the existing museum was out of date and needed
       improvement. She stated that we were however a coastal town without oil resources
       like New Plymouth. She urged the Councillors to reconsider their proposed Arts and
       Culture Centre and look at other options. She referred the Councillors to the Nelson
       Provincial Museum which was set up on the town acre in the main shopping area.
       She stated that this museum attracted more popular exhibits than we did. She stated
       that while Auckland and Wellington had museums to attract international visitors we
       could not replicate that.

       Ms Sloman stated she was concerned the project was dependent on ground rent
       leases to other businesses which were currently housed in existing premises and she
       believed this would only create more empty spaces in the town.

       Ms Sloman sated that the Harbour Endowment Fund should be used to maintain the
       harbour entrance. She stated the visitors to the town either for fishing or going to
       White Island required a workable harbour entrance.

2.45   Toni Spellmeyer: 920

       Refer to pages 1230-1233 of the agenda and tabled document 1233A.

       Ms Spellmeyer read her tabled submission (refer to tabled document 1233A) in
       relation to population growth, pensioner housing, library/museum, infrastructure,
       disaster mitigation, reducing debt, recycling and town vision.


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2009, 2 JULY 2009 –


2.46   Win Mitchell, Whakatane District Friends of the Library: 63

       Refer to pages 1353-1359 of the agenda.

       Mrs Mitchell spoke on behalf of the Friends of the Library and asked the Council to
       reconsider the idea of moving the library into the museum as it was an unsuitable
       building. She stated that the $1 mill for the retrofit was not a lot of money when you
       considered what needed to be done to bring the building up to even a reasonable
       standard. However there was no way to disguise the poor quality building and the
       unsatisfactory location with no parking.

       Mrs Mitchell stated that they believed the Council should lease or purchase and
       retrofit an appropriate vacant building in the CBD and she suggested the Neiderer
       Plaza, the old Farmers building. This would mean the library could move within
       months instead of years. She requested that the museum and art gallery remain in
       its current location with refurbishment. She believed there was no need for a café
       facility in the library as there were existing cafes already.

       She urged the Council to reconsider their current proposal.

2.47   Jack Gow: 148

       Refer to pages 901-907 of the agenda.

       Mr Gow stated that when he stood down from public life in 1986 he had made a
       decision not to make submissions to the Council. He regretted that the draft LTCCP
       had made him change his mind. Mr Gow asked the Council to embrace the spiritual
       spiritual needs and aspirations of its citizens. He believed that the Council did not
       understand the social aspects of its ratepayers. He believed he was not alone with
       his concerns judging by the number of submissions which had been received.

       Mr Gow asked the Council to consider the draft LTCCP in light of all their
       responsibilities and to the benefit of all citizens of the district.

2.48   John McKillop: 891

       Refer to pages 336 of the agenda and tabled document 336A-C.

       Mr McKillop read his tabled submission (refer to tabled document 336A-C) in regard
       to rating, rubbish disposal, footpaths and cycle lanes.

2.49   Toi EDA – Jeremy Gardiner and Mary Hermanson: 584

       Refer to pages 1201-1204 of the agenda.

       Mr Gardiner spoke on behalf of Toi EDA and stated that they were seeking an extra
       $50,000 to kick start the economic growth. He stated that they had developed well
       established events and marketing but lagged behind in economic development.

       Mr Gardiner stated that Toi EDA would like to support the Council’s vision on the Arts
       and Culture Centre on the understanding that it is economically viable. He stated that
       Toi EDA supported the Town Vision strategy and saw it as a springboard for
       development of the town.


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       Mr Gardiner asked the Council to remove the development contributions fee to
       stimulate building activity.     He suggested that the Council suspend the
       implementation of Variation 6 until a pragmatic and sustainable approach is
       developed and publicly agreed. He stated that Toi EDA believed that the Council
       should support initiatives for targeted growth including the need for large scale
       residential development and they suggested this be by means of market research of
       target markets for demographic surveys.

       In response to questioning as to why they were suggesting a hotel and conference
       centre feasibility study, Mr Gardiner advised that they were requesting $50,000 for
       staff resources to progress various opportunities. Mrs Hermanson advised that the
       Eastern Bay of Plenty Development Board had undertaken a study on turning the
       Whakatane War Memorial Hall into the conference centre however this was not a
       hotel study.

       Mr Gardiner clarified that they were talking to other Council’s regarding funding for
       Toi EDA.

2.50   Margery Rennie: 1019

       Refer to pages 912-915 of the agenda and tabled document 915A-B.

       Ms Rennie read her tabled submission (refer to tabled document 915A-B) regarding
       the Town Vision.

2.51   Christine Larsen: 471

       Refer to page 3210-3213 of the agenda and tabled document 3213A-B.

       Ms Larsen read her tabled submission (refer to tabled document 3213A-B) relating to
       cycleways, community centre, BMX track, GE free and plastic bag fee, small
       businesses, observatory, planting fruit trees on Council reserves. She stated that the
       Byways was negative. Ms Larsen asked if a cost analysis was completed on the Arts
       and Culture Centre.

2.52   Angela Clayton

       Refer to pages 2418-2423 of the agenda.

       Mrs Clayton stated that she came and spoke to the Council every year asking for
       something to be done about sealing Kope Drain and Jones Road because of the dust
       nuisance. She stated that the Council did count the number of houses and
       businesses affected by the dust even if they were not directly off the road. She asked
       that these houses be counted. She referred to the aerial map which was part of her
       submission and stated that no other roads with as many houses affected were not
       counted. She referred to Paroa School which had also previously made submissions
       regarding the health effects on their students.

       Mrs Clayton asked that the Council check that their points had been combined and
       that they were receiving the correct points that they should be receiving. She advised
       she was told the seal extension list was under review and they would like to have a
       copy so they could check for themselves.



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       Mayor Holmes stated that they would receive a revised seal extension list however
       he advised that the Council was not doing any seal extension work in the 2009/10
       financial year.

2.53   Richard Hamer, Pip Wonacott and Mark Baker – Cycle Action Whakatane
       (CAW): 1046

       Refer to pages 2424-2428 of the agenda and to tabled document 2428A-C.

       Mr Hamer read out the quote from a member of the CAW

       “Every additional person on a cycle means less in cars, which means less traffic and
       easier parking. Wouldn’t it be great to live in a town, where you could ride without
       fear of the safety of your kids near roads and where cars gave way to non-polluting
       and safe forms of transport?”

       Mr Hamer stated that people found riding around Whakatane was a problem. He
       stated that the main points and feedback from 216 residents during the safer cycling
       events and workshops this year were as follows:

          More clear and dedicated cycle lanes with no parking alongside (defeats
           objective)
          Sealed river bank
          Cycle racks in and around town and shops – safely lock bikes
          More cycle lanes
          Better off road bike tracks
          Cycle lanes on the Whakatane bridge
          Have bike lessons instead of swimming lessons at school
          Make areas safe on the road for cyclists
          Recreational cycle parks (BMX)

       He referred to the letter of support from the PHO (refer to tabled document 2428C)
       who saw the benefits of cycling in terms of community health.

       Mr Hamer stated that he was working with 160 children next week in two schools
       regarding cycling and he asked that the Council do something about making the
       roads safer. He stated that children did want to cycle safely to school.

       Ms Wonacott stated that there was a lot of BMX riders in town who currently used the
       skatepark but needed their own track. She stated that it was an intergenerational,
       family friendly sport and it needed a well lit and public venue.

       Ms Wonacott noted that Rotorua derived money from the tourists attracted to the
       area to use the Redwoods for off road cycling and she was always asked where
       people could do the same in this district. She believed there was tourism potential
       for the town. She asked that the Council give consideration towards a family
       orientation activity rather than the competitive side.

       Ms Wonacott encouraged the Council to get serious about cycling, to consult people
       who cycle and to formulate a plan. She stated that bikes were worth a lot of money
       and people needed to feel that their bikes were safe. She found it hard to find a bike
       rack in town to lock up her bike.


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2009, 19 JUNE 2009, 22 JUNE 2009, 25 JUNE 2009, 26 JUNE 2009, 29 JUNE 2009, 30 JUNE
2009, 2 JULY 2009 –


       Mark Baker stated that he had returned from Europe where cycling was developed
       for tourism and brought in the tourist dollar. He referred to the Otago Cycle Trail
       which was becoming a big seller for the Otago region. He would encourage the
       Council to seek sponsorship.

       Mr Baker stated that the Council had an opportunity to provide facilities for everyone
       and to provide growth in a sustainable way. He asked that the Council take into
       account everyday cyclists.

2.54   Ruth Gerzon, Christine Larsen and Bonnie Savage, Coalition for Environment:
       471

       Refer to pages 3202-3213 of the agenda.

       Ruth Gerzon spoke on behalf of the Coalition for the Environment and stated that
       they were concerned with the pressures on the Wairaka community. She stated that
       the key issue was the rise in rates and the effect this was having as development
       was moving into the Wairaka area. She stated that the kaumatua and people who
       live close to the Wairaka marae were now in danger of being dispersed because they
       could not afford their rates. She stated that it could well end up with a situation
       where marae on its own surrounded by people who did not belong to the hapu.

       Ms Gerzon stated that she was not sure what the problem was with the community
       boards however she did not believe the Council should do away with them, the
       Council needed to find out why they were not working. She believed there was a
       huge gap of understanding between the Council and the people and the kinds of
       things the Council came up with was not what people were wanting.

THE MEETING ADJOURNED AT 4:55 PM AND RESUMED AT 9:00 AM ON THURSDAY,
18 JUNE 2009 AT 9:00 AM IN THE COUNCIL CHAMBERS, CIVIC CENTRE, COMMERCE
STREET, WHAKATANE

PRESENT:              His Worship the Mayor C G H Holmes Deputy Mayor G I Hanlen,
                      Councillors A A Bonne, E R Byrne, C Chambers, W B Clark,
                      S Jarrett, G V Johnston, I J Shearer, R N Orr and J Te Kurapa

IN ATTENDANCE:        D A Turner (Chief Executive), D C Bewley (Director Environment and
                      Policy), H Read (Director Works and Services) and C B Hair
                      (Administration Officer Policy)


2.55   Tania Humberstone

       Refer to pages 2479-2484 of the agenda.

       Ms Humberstone stated that she lived within easy walking distance to the outfall
       wastewater pipes in Ohope. She supported the upgrade of the waste water
       treatment plant in Ohope. She asked that it commence sooner than the proposed
       timeframe of 2011-12. She believed it was important as a protection measure for the
       general public’s health and essential for tourism that the beaches remain pristine.




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2009, 2 JULY 2009 –



       Ms Humberstone believed the Arts and Culture Centre should be deferred and she
       suggested the Council utilise other spaces in the community and the Ngäti Awa
       cultural centre yet to be built. She did not believe that the growth of the district could
       justify that outlay. She asked the Council to focus on infrastructure.

       Ms Humberstone suggested using existing retail space in the CBD such as the old
       Farmers building for the combined archives and library. She cautioned the Council
       that corporate sponsorship was hard to come by and she did not believe it was
       realistic this amount of funding for the Arts and Culture Centre.

       Ms Humberstone stated that she opposed the sale of pensioner housing and
       reserves. She believed that the Council should honour the people who sold the land
       for that purpose. She stated that while it may not be the first line of business the
       Council was more than just a business and had a debt to the elderly to provide low
       cost secure housing. She also thought that the short term gain was not at the
       highest level of financial return.

2.56   Mark Jenkins, Quay Accountants Ltd: 132

       Refer to pages 2635-2638 of the agenda.

       Mr Jenkins stated that he was concerned that if the Council continued to do what it
       had always done it would get what it has always gotten and other districts will get our
       growth. He noted that the statistics were projecting a growth of 290 people in 10
       years and this should be of concern to the Council. He believed that economic
       growth was important.

       Mr Jenkins stated that deferring projects to keep the rates down also ran the risk of
       exacerbating the economy because if everyone stops spending the recession will be
       worse locally. He stated that borrowing money was the cheapest it had been in a
       long time and the Council should consider borrowing more to keep the economy
       going.

       Mr Jenkins stated the he did not believe the Council should sell the pensioner
       housing unless it was to central government. He believed it was hard for the Council
       to justify charging development contributions for reserves when the Council was
       planning to sell some of them off.

       Mr Jenkins stated that he supported the work of Toi EDA and he would support their
       submission to reduce development contribution fees in a time of recession to
       encourage development and stimulate building.

       Mr Jenkins stated that the Council needed to assess the cost/benefits of the Arts and
       Culture Centre consider regional demographics.

       He believed the Council needed to make more residential land available and look to
       actively grow the district. He stated that infill housing did not enhance amenity
       values and resulted in expensive land. He stated that the Council needed to increase
       supply to reduce the cost and make Whakatane a cheaper place to move to. That
       way, as demand increases prices will inevitably return to higher levels but the Council
       will have achieved a more vibrant economy in the meantime.



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2009, 2 JULY 2009 –


       Mr Jenkins suggested that the Council set aside funds for Toi EDA to undertake a
       demographic study on the optimal target market and a cost benefit analysis on what
       Whakatane has to gain from increasing population.

2.57   Mark Jenkins, Whakatane Squash Club: 128

       Refer to pages 4658-4661 of the agenda and tabled document 4661.

       Mr Jenkins spoke on behalf of the Whakatane Squash Club. He stated that their
       ground lease had increased from $5,000 to $16,000 per annum and the Council had
       given them $11,000 in grants for the past two years. He stated that each year they
       came cap in hand asking for a change either to the status of the land to a reserve
       zone which would reduce their lease or asking for permission to freehold the land for
       their Club.

       Mr Jenkins table their Statement of Financial Performance for the year ended 30
       September 2008 which showed that they had a $13.000 loss last year. He stated
       that the Club needed a long term solution. He stated that if the Club paid the
       $16,000 lease this would mean a senior members subscription would be required at
       $254 per person just to pay the ground lease and rates. He stated that this would
       lead to the demise of the Club.

       Mr Jenkins noted that the Club was hosting the Oceania Masters in October 2009
       which had players from Australia, New Zealand and the Pacific and would bring in a
       lot of income to the town. He stated that they planned one major event like this each
       year.

       Mr Jenkins asked the Council to consider the value of the Club and rezone the
       Pohutu Street premises from harbour lease hold land to reserve.

2.58   Craig Keeping: 124

       Refer to pages 2501-2506 of the agenda.

       Mr Keeping read his submission on page 2505 and asked that the Council formalise
       its plans for the protection of the West End Road as soon as possible. He read out a
       portion of a letter he received from the Whakatane District Council which he believed
       indicated a wait and see attitude by the Council. He stated he was horrified that the
       Council might consider closing the road. Mr Keeping stated that West End Road was
       vital to the health and safety of the residents. Mr Keeping stated that if the Council
       was correct in predicting erosion in 60 and 100 years then the road was going to
       disappear and the residents would have no access.

2.59   Anthony Olsen and Paora Hunia, Ngäti Tuwharetoa (BOP) Settlement Trust

       Refer to pages 2529-2531 of the agenda.

       Mr Olsen spoke on behalf of Ngäti Tuwharetoa Settlement Trust and requested that
       the Council remove the development contribution for Papakainga housing and other
       forms of affordable housing. He stated that rather than allow ad hoc development the
       Council should set aside funds to identify land suitable for affordable housing and for
       Iwi and Mäori land owners to develop structure plans for Papakainga housing.



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2009, 2 JULY 2009 –


       Mr Olsen referred to the four points in his submission listing potentially profitable
       projects which Toi EDA could undertake which would stimulate economic
       development if they had additional funding.

       Mr Olsen stated that the draft LTCCP does not include an integrated sustainable
       transport plan such as “Smart Transport”. He stated that an overall transport strategy
       had to be clearly defined. He noted that although the state highway went from
       Matata via Edgecumbe to Whakatane, there was a large amount of traffic which used
       the coastal route.

       Mr Olsen stated that Ngäti Tuwharetoa were concerned about the level of rates
       increases proposed for Matata since the 2005 disaster. He argued that if the work
       was not completed then access to the Eastern Bay of Plenty would be limited and he
       suggested that these costs be met by development levies or borrowing.

       Mr Olsen asked the Council how they planned to meet their responsibilities and
       obligations under the Local Government Act 2002 to build Mäori capability to fully
       participate in Council’s decision making. He stated that the LTCCP did not clearly
       define how the Council would do this. He stated that there were substantial amounts
       of money coming in to iwi through treaty settlements in the Eastern Bay of Plenty and
       the Council needed to articulate how they would work with iwi on economic
       development initiatives. He stated that both Ngäti Awa and Ngäti Tuwharetoa see
       themselves as positive contributors to the economy.

       In response to questioning as to whether he had any figures for the development of
       iwi management plans, Mr Olsen stated that he did not and that it was about
       partnering.

2.60   Barney Gray: 845

       Refer to pages 2631-2634 of the agenda.

       Mr Gray stated that he agreed with the District Plan Review however he asked that
       the Council release the residential review for public input. He stated that the Council
       needed to indicate which land was acceptable for residential growth. He stated that
       this had been going nowhere for five years and there was urgency now on the part of
       the Council to get this finalised and allow the town to expand.

       Mr Gray stated that the population projections indicate the town would grow 1% and
       then decline and he believed this was because there was nowhere for the town to
       grow. He understood areas had been nominated. Mr Gray stated that if this was
       included in the District Plan there would be another two years of consultation and
       possibly a third year before anything was decided. His plea to the Council was to
       bring forward the residential review.

       Mr Gray commended the Council on its activities for cycling and urged the Council to
       work with Transit on ownership issues for the Awakeri cycleway.

2.61   Anthony Jones: 94

       Refer to pages 2639-2642 of the agenda.




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2009, 2 JULY 2009 –


       Mr Jones stated that as a builder and developer he could not get land for people. He
       asked the Council to encourage growth by making residential land available. He
       believed this was a priority issue for the Council and was key to the town’s survival.

2.62   Linda Sowerby, Harcourts Real Estate: 115

       Refer to pages 1480-1483 of the agenda.

       Ms Sowerby spoke on behalf of Harcourts Real Estate and stated that Whakatane
       needed growth and she asked the Council to make provision for more residential
       land by rezoning flat land for residential purposes. She stated that there was a large
       supply of retail space and the town needed more homes, more ratepayers and a
       larger rating base. She stated that available residential land would encourage the
       transfer of wealth from other centres such as Tauranga which was getting busier and
       losing some of its attractiveness. However there was no opportunity to build new
       homes on affordable flat land. She stated that developments in Bunyan Road and
       White Horse Drive were snapped up as they were realistically priced.

       Ms Sowerby stated that more residential land generated employment.

       Ms Sowerby challenged the Council’s idea of building a new Arts and Culture Centre
       when there were empty suitable buildings in the CBD that would be converted such
       as the Briscoe’s building or the Niederer Plaza.

       Ms Sowerby questioned the purchase of two shops in town to provide access to the
       Arts and Culture Centre when no firm decisions had been made.

2.63   Kevin Allan: 71

       Refer to pages 1404-1407 of the agenda.

       Mr Allan stated that baby boomers would be looking for safe affordable low
       maintenance housing in provisional New Zealand over the next 15 years in places
       like Whakatane with its high sunshine hours. He believed that accommodating
       retirees is an industry. He believes the LTCCP overlooks the pursuit of that. He
       believed the Council should take a lead in this area and plan for it. He stated that the
       residential growth strategy had been deferred for six years and with the District Plan
       review this could be delayed further. Mr Allan asked the Council to give a meaningful
       and clear statement about wanting to grow the urban area. He asked that the
       Council show leadership in this area.

       Mr Allan stated that while residential growth comes with a cost, much of it was paid
       for by the developer. While seed capital was required much of the growth was
       funded by users and consumers of the product.

       Mr Allan asked why the Waiotahi drifts subdivision succeeds when it is 40 km beyond
       Whakatane or why Papamoa succeeds. He stated that the reality is there is no land
       in Whakatane for large scale housing. He stated that the Hub was built by
       developers with an expectation of growth and there was no reason why Whakatane
       could not attract a larger share of retirees which would support retail trade.

2.64   Dave Rondon, Whakatane Athletic and Harriers Club: 84

       Refer to pages 1474-1479 of the agenda.
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2009, 2 JULY 2009 –



       Mr Rondon spoke on behalf of the Whakatane Athletic and Harriers Club and stated
       that they were requesting the Council set aside funds for an artificial running track in
       2015. The benefits of this would be:

          Providing a first class international athletic facility
          Opportunity for national and representative teams to train and for the Eastern Bay
           to be a training area of choice
          Support the Athletic Club in hosting national, regional, local and school events
          Provide a first class venue for another sport during winter
          Provide a venue for fitness sprint training for other sporting codes
          Provide a venue for training for people with disabilities

       Mr Rondon asked that the Council improves lighting on the Mokorua-Hillcrest
       footpath. He also stated that their Club members do a lot of voluntary work cleaning
       up tracks and have become “guardians” of some tracks in the Mokorua and Kohi
       area. He asked the Council to acknowledge this. He also requested that the Council
       look at further walking/cycling tracks with maps outlining distances.

       Mr Rondon asked the Council to complete the installation of the sprinkler system
       which was begun prior to 1992. He had quotes of $8,350 to finish it off and this
       would involve the Club been involved in the digging.

       Mr Rondon advised that the cost of the artificial track was approximately $2 million
       and would last 15-20 years.

2.65   Martin van der Aa – Jennian Homes: 224

       Refer to pages 2664-2667 of the agenda.

       Mr van der Aa stated that he supported the Council planning for growth and he stated
       that land did need to become available either through rezoning or making land
       available to developers. He stated that this would provide a lot of benefit to the town
       through employment, additional income to the Council and generally more vibrancy.

       Mr van der Aa stated that the Council had to actively go out and make growth
       happen.

2.66   Kenrick Knowlson, Waiotahi Contractors Ltd: 1085

       Refer to pages 2643-2651 of the agenda.

       Mr Knowlson stated that he was the Chief Executive of Waiotahi Contractors Ltd. He
       believed there were marked differences between the Western Bay and Tauranga
       with their Smart Growth Strategy and Whakatane which has no mention of growth in
       the LTCCP. He stated that Tauranga anticipates 26 x greater growth than our district
       and he asked why when we had the same weather, beaches, fishing, lifestyle
       opportunities. He stated there was no reason why the Council could not replicate the
       same growth as Tauranga. He believed baby boomers would be moving from the big
       cities to lifestyle provincial areas like Tauranga and he stated there was no reason
       why Whakatane could not be part of this if it was planned for. He stated that the area
       north and west of Whakatane was suitable - being flat, by the beach, close to town –
       just like Papamoa.

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2009, 2 JULY 2009 –


       Mr Knowlson stated that he believed the harbour endowment fund should be spent
       on the harbour which was an integral part of the lifestyle experience of living in
       Whakatane and the tourism industry relied on getting boats safely in and out of the
       harbour.

       Mr Knowlson stated that if we did not get the harbour entrance sorted tourist ventures
       would go to Opotiki who were proposing a new harbour entrance.

       Mr Knowlson stated that he believed a second bridge was important for access to the
       town from the north west suburbs and to reduce the risk of one bridge. Mr Knowlson
       stated that the Arts and Culture Centre was not affordable however with growth it
       would be affordable.

       In response to questioning Mr Knowlson stated that he believed the second bridge
       should be built further downstream from the existing bridge to connect to Bunyan
       Road.

2.67   Michael O’Hagan: 580

       Refer to pages 4630-4634 of the agenda and tabled document 4634A.

       Mr O’Hagan read his tabled submission (refer to tabled document 4634A). He stated
       that the Mayor and Councillors were elected to do more than manage sewage, waste
       disposal, roads and water and that having good roads without a caring community
       could result in burglars being able to get from place to place more quickly. He stated
       that if the Council persisted in going ahead with the priorities listed in the LTCCP they
       needed to indicate that, delay implementing their proposals until after the next
       election and campaign on that platform to discover how few or many citizens support
       these priorities.

2.68   Andrea O’Hagan: 819

       Refer to pages 4626-4629 of the agenda and tabled document 4629A-B.

       Ms O’Hagan read her tabled submission (refer to tabled document 4629A-B). She
       stated that as a member of the Whakatane community, the Violence Intervention
       organisation, Te Roopu Whiriwhiri and as a Mediation Programme Trainer for the
       Aotearoa Peace Foundation her interest was in aspects of the long term plan that
       clearly indicate leadership of our community.

       Ms O’Hagan asked what aspects of our community life concern you? Because the
       life of the community is the key issue of any long term plan. She asked the Council,
       what are all the ways you, as Councillor or Mayor, can think of to accomplish change
       on this issue of visionary leadership to create a safe, stronger community. And she
       asked how can she support you?

2.69   Richard Claydon: 1084

       Refer to pages 2609-2617 of the agenda.

       Mr Claydon stated that he was the Chairman of Waiotahi Contractors who paid $3
       million per year in wages and salaries. He stated they had recently employed 12
       new staff, nine from outside the Whakatane area.


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2009, 2 JULY 2009 –


       Mr Claydon believed that the Long-term Council Community Plan was a negative
       plan which failed the community. He stated there was no growth strategy and this
       negative philosophy was a long term detriment to the area. He contrasted the attitude
       of the Whakatane District Council with that of the Opotiki District Council and stated
       that they were startlingly different. He stated that Opotiki District Council was focused
       on growth.

       Mr Claydon stated that there was a lack of residential opportunity and with no zoning
       for further residential land this was effecting positive growth in Whakatane. He
       suggested extending residential land out as far as the airport and around the airport.
       He believed that the Council was failing to plan for the future of the district.

       Mr Claydon stated that he believed the proposed Arts and Culture Centre was a
       grand scheme and he believed the Council should focus on the harbour and a
       second bridge across to Piripai to link up undeveloped land on that side of the river.
       He thought the land at Piripai was not built on to the extent that it should be. He
       believed that the development contribution for new dwellings was a deterrent to
       growth.

       Mr Claydon believed that the draft LTCCP should be rewritten in a positive frame. He
       believed the development of the harbour was central to the development of
       Whakatane. He believed that the harbour endowment fund should be used for the
       development and maintenance of the harbour. He believed it was wrong for the
       Council to look at the harbour endowment fund as a cash cow that could be raided.

2.70   Jim Greenaway: 100

       Refer to pages 1861-1864, 2846 of the agenda.

       Mr Greenaway stated that he was addressing the Council on behalf of a number of
       residents of Otarawairere. He stated the residents were opposed to the proposed
       sale of the reserve Lot 104 which included the Otarawairere tennis courts. He stated
       that the reserve and tennis courts were an integral element in the design of the
       subdivision and provided an ambience and environment for all the properties in
       Otarawairere. He stated that the reserve created a buffer between the private and
       public activities.

       Mr Greenaway stated that the residents had co-operated well with the Council over
       the stormwater and sewerage projects during the last two years. He stated that they
       were approaching this with the same spirit of co-operation.

       Mr Greenaway stated that Lot 104 had a wider public use than just the residents of
       Otarawairere. It was located opposite the accessway to Otarawairere Bay which was
       a tourist destination for both national and international tourists and was often used by
       schools, walking parties and local Whakatane residents collecting kaimoana. Lot 104
       was as a place of assembly and picnic and parking area. He could verify this as he
       lived beside the walkway. He stated that without parking on the reserve people would
       have to park on the verge and the street and this would cause an issue of road safety
       especially during the peak summer period.

       Mr Greenaway stated that the land had passed from Ngäti Awa to the Lands and
       Survey Department, to Tasman and then to the Council. He stated that Otarawairere
       Bay was advertised on the Council’s website as a tourist and recreational destination.
       He stated that the Bay was a “jewel” which had not been recognised in the LTCCP.
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       He stated that the residents would welcome engagement with staff to develop
       tourism further in this area. He asked the Council to seek a community inclusive
       option. He stated that the residents did not wish to be drawn into an adversarial
       process with the Council.

       Mr Greenaway asked that Lot 104 not be sold and he invited the Council to talk to the
       residents about this.

       In response to questioning as to the residents vision, Mr Greenaway stated that they
       wish the reserve to continue to be maintained with the walkway also maintained.
       They would like to see the entrance improved with signage. He stated that with
       amenities in great shape this would provide a greater advertisement for Otarawairere
       Bay and encourage more people to visit. He stated that some of the further dialogue
       may also include talking with Environment Bay of Plenty and the kiwi society.

2.71   Sandy Lawrie: 521

       Refer to pages 2790-2800 of the agenda and tabled document 2800A.

       Mr Lawrie tabled a photograph of Otarawairere 45 years ago which showed the
       tennis court and reserve and five dwellings and a photograph of Otarawairere in 2006
       showing the tennis court and reserve and 30 dwellings. He stated that more
       dwellings may be built in the future. Mr Lawrie stated that he had lived at
       Otarawairere for 20 years and his children and grandchildren played tennis. He
       stated that the courts were used extensively by residents. He opposed the proposal
       to sell the tennis courts and reserve and asked that it be removed from the list of
       assets the Council was proposing to sell. He stated that the bush reserve should not
       be included on the list.

       Mr Lawrie stated he supported the Council’s object to provide great services and
       excellent service delivery. He supported the Council’s efforts to plan for growth and
       stated he expected housing in Otarawairere to double in the next five years.

       Mr Lawrie stated that the reserves should clearly be marked as reserves under the
       Reserves Act and not lumped together with other assets as this would he believe
       create less angst. Mr Lawrie stated that when the Council sold a reserve it would be
       developed and the land would be gone forever.

       Mr Lawrie stated that Mr Greenaway was in a unique position to comment on the
       serve as his property was located by the walkway. Mr Lawrie referred to the
       photographs with his written submission which showed a large school group using
       the reserve. He stated this was not untypical as there was no grass area at
       Otarawairere Bay.

       Mr Lawrie stated that the residents houses bounded the bush reserve and they were
       respectful of the fauna and flora and had co-operated with laying poison and
       generally kept out of the reserve. He stated that residents needed Lot 4 as a reserve.
       He repeated Mr Greenaways’s submission that the Council had not got a
       management plan or assessment of use of the reserve and did not do much to
       promote the reserve. He stated it was ironic that the Council was proposing tennis
       courts in Ohope in 2016 while floating the potential to remove the courts at
       Otarawairere.



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       Mr Lawrie asked that the Council recognise the high community value of the reserve
       and look at improving its amenity.

2.72   Sarah Lindsay: 316

       Refer to pages 2801-2804 of the agenda.

       Ms Lindsay stated that as parents of young children and often having young children
       visiting they used the tennis courts and reserve frequently. She stated that the
       population of Otarawairere was expected to double in the next 10 years and she
       believed it would be short sighted to fund a short term financial deficit through selling
       the reserve land. She stated in 10 years no one will remember the Council’s financial
       woes but any reserve sold now will be gone forever.

       Ms Lindsay stated that Otarawairere Bay was special and attracted large numbers of
       people. She believed that the sale of the reserve would be contrary to the spirit of
       the Reserves Act. She stated that any proceeds should be used to purchase new
       reserves.

       Ms Lindsay stated that the point has been made by other submitters regarding the
       use of the reserves by a wide cross section of residents and visitors. She stated that
       it is a special place and one that people valued and enjoyed.

       Ms Lindsay asked that the Council withdraw lot 104 and 132 from sale.

       Attendance

       Mayor Holmes left and the Deputy Mayor chaired the meeting at 11:38 am.

2.73   Joanne Noble: 854

       Refer to pages 2809-2814 of the agenda.

       Ms Noble stated that they were impressed with the green space of Otarawairere and
       had chosen to live there. She was disappointed to find that the LTCCP had a short
       sighted response by selling off reserves. She stated that the new stormwater system
       catered for growth but now in terms of amenity and recreational values the Council
       was not providing for future growth and had lost the long term vision. She stated that
       it was strange the LTCCP identifies additional courts are required while at the same
       time proposing to sell of the Otarawairere tennis courts. Ms Noble believed there was
       potential for the Council to make more use out of the reserve.

2.74   Vic Munro – Brian Munro on behalf of Vic Munro: 901

       Refer to pages 2507-2511 of the agenda and tabled document 2511A-F.

       Brian Munro read the tabled submission on behalf of his father Vic Munro (refer to
       tabled document 2511A-D) in regard to:

       1.      Effect of Stormwater outflow of Pohutukawa Avenue on beach
       2.      SUIPs
       3.      Rate capping
       4.      Pohutukawa Avenue roading


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2009, 2 JULY 2009 –


       Mr Munro circulated photographs of the effect of the stormwater outflow at 143-145
       Pohutukawa Avenue (refer to tabled document 2511E-F).

2.75   Beth Knight and Iris Herewini: 909

       Refer to pages 3034-3040 of the agenda.

       Beth Knight stated that she was an occupational therapist who worked with adults
       with an intellectual disability. She stated that the Whakatane Aquatic Centre currently
       had no sling hoist and she was concerned with the changing facilities. She stated
       that warm water provided the most benefit to her clients (hydrotherapy) and she
       noted that there were a lot of people with high physical needs and the water was the
       only place they experienced free movement with no barriers. She stated that there
       was no access to the spa pools at the Aquatic Centre.

       Iris Herewini stated that her son, Wade, was confined to a wheel chair with cerebral
       palsy and he was also blind. She stated that he was a different person when he was
       in the water. She stated that at the end of the year when he left school he would
       have no where else to have treatment except at the aquatic centre.

       She stated that her son could stay at school until he was 21 then he had to leave and
       she was running out of opportunities for him to take part in the community when he
       was out of the school system.

       She advised that the current pool hoist was often broken and therefore many times
       access to the pool was unavailable. She stated that her son needed a different type
       of hoist, one that was suspended from the ceiling with an access sling. She stated
       that in order to use the current hoist safely people must be able to sit and maintain
       sitting in a 90 degree angle. She stated that for people who had specially custom
       made wheelchairs they could not use the hoist.

       Ms Knight stated that Jackie Napier, a colleague, was able to help with information
       that staff may require on which hoist would be the most suitable. She asked that the
       Council while doing the renovations to the aquatic centre take the opportunity to
       make it fully accessible for all. She stated that all persons needed access to the pool
       not just able bodied people.

THE MEETING ADJOURNED AT 11:58 AM AND RESUMED AT 2:00 PM IN AT THE
MUNICIPAL HALL, CIVIC SQUARE, MURUPARA

PRESENT:               His Worship the Mayor C G H Holmes, Deputy Mayor G I Hanlen
                       Councillors A A Bonne, E R Byrne, C Chambers, W B Clark,
                       S Jarrett, G V Johnston, R N Orr, I J Shearer and J Te Kurapa

IN ATTENDANCE:         D A Turner (Chief Executive) and H J Storey (Administration Officer
                       Community)


The meeting was opened with a welcome by Mr P Bird and a Prayer by Brother Vince

2.76   J Armstrong – 277

       Refer to pages 1-5 of the agenda.

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       Mrs Armstrong said that she did not support the closure of the Murupara Service
       Centre and gave a history of the building of the hall and opening of the Council
       Chamber in 1962. She noted that the Service Centre and Library were an important
       hub of the community and were well used by locals, residents from the surrounding
       district and visitors to the area. The Murupara Archives from the 1950’s were stored
       in a safe environment and needed to remain there for use by people requiring
       information. The building was also used as a Civil Defence Headquarters.

       Mrs Armstrong noted that the community wanted to keep the services in Murupara
       and that an 0800 number to access services in Whakatane could not replace people
       on the spot. She said that not all residents had access to the internet or owned a car.

       Mrs Armstrong noted that the Council should retain the Pensioner Housing units and
       the elderly residents deserved to have a home free from worry. She also supported
       the retention of 10 Councillors and all of the Community Boards as they provided a
       better service to the community than a Ratepayers Association could.

2.77   P Ammunson - 1115

       Refer to pages 4019-4023 of the agenda.

       Ms Ammunson said with the current economic climate it did not make sense to close
       the Service Centre to save money when there were a number of comforts in
       Whakatane being provided by the Council which acquired money from ratepayers in
       this area such as the Aquatic Centre and the Arts and Culture Centre.

       Ms Ammunson asked that the Aquatic Centre be deferred and that the Council
       needed to live within the ratepayers means. She considered that there were a
       number of activities where Murupara money was used to fund Whakatane services.

       Ms Ammunson said that Murupara had an abundant supply of water close by with no
       source or access problems and wondered why the water rates were so high. She
       requested that “Whakatane stop blocking the sun from Murupara”.

2.78   S Tapuke – 900

       Refer to pages 171-174 of the agenda.

       Ms Tapuke said that she was against the closure of the Murupara Service Centre and
       requested that the status quo remain. She said that all of the residents at Ruatahuna
       who were descendants of landowners had the land passed down from family to
       family. She said that any closure was symbolic that the Council did not value its
       people. Murupara was the closest point of contact for the people of Ruatahuna who
       had limited access to Council services because of its physical isolation.

       Ms Tapuke said that there was no relationship established between the Council and
       the people of Ruatahuna and that there were no hui held on Marae to inform people
       about the rating of papakainga that was being proposed. She said this was an
       unreasonable rate that the people could not afford. Ms Tapuke said that the
       Ruatahuna residents wanted to develop a relationship of trust with the Council, which
       was something that they did not currently have. Many of these residents were lacking
       money, transport and technology and there were language barriers that needed to be
       considered and talked through face to face.


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2009, 2 JULY 2009 –


2.79   M White – 244

       Refer to pages 438-441 of the agenda.

       Ms White said that she was against the review of the rates and said that in an
       economic crisis the Council needed to look carefully at its rates and what people
       could afford to pay. She said that Whakatane did not service Ruatahuna as they had
       their own water supply, sewage and general overall range of services within the
       valley. The community had a number of elderly people, with a few of the younger
       people returning to the area.

       Ms White said that if the Council wanted to increase the rates, then the money should
       come back to pay the community so they can look after their own services and take
       care of their own issues. She questioned the need to increase the rates and said that
       some economic base was needed at Ruatahuna.

2.80   R Tahi –Ruatahuna Tribal Council – 752 and 720

       Refer to pages 1489-1492 and 4400-4403 of the agenda.

       Mr Tahi said that the Tribal Committee had looked after the social and environmental
       affairs of the Ruatahuna community since the mid 1950’s and they opposed the rates
       regime that the Council were intending to apply to the community. He said that the
       people of Ruatahuna had been treated unfairly for the last 50 years by the Council as
       it did not provide any services to the community. The community owned its own
       water scheme and no services were provided to the 9 Marae which embody the
       majority of the area and 99% of the houses were on papakainga land.
       Mr Tahi noted that many of the houses were built with assistance from Mäori Affairs
       and said that there were no water, sewage, refuse, roads to Marae or footpaths
       provided like they were in other areas of the district. He said that there needed to be
       dialogue with the Council so Councillors could hear the local side of the story. Mr
       Tahi considered that the residents should be invoicing the Council for the services
       received in the past and suggested that Ruatahuna be a Council to themselves.

       Mr Tahi said that many of the residents had not had time to consider the implications
       or research the decisions made by the Council to see where they actually stood. He
       indicated that they would visit the Council at some stage and hoped to come to an
       agreement.

2.81   L Te Kani – Te Wharekura O Huiarau Ruatahuna - 906

       Refer to pages 4241-4243 of the agenda and pages 4243a-I of the tabled items.

       Mr Te Kani said that he supported the submissions from the Tribal Council and the
       people from Ruatahuna. He said that it was disturbing to have to bring the elders to
       Murupara and felt that the issues were important enough that the Council should
       have gone to Ruatahuna to allow the people to welcome you and hear what they had
       to say. He said that this action spelt volumes for the lack of respect that the Council
       held for the people of Ruatahuna.

       Mr Te Kani said that he opposed the proposed rating system as there was a lack of
       resources provided by the Council in their community. He said that there was no
       refuse, sewage, amenities, swimming pool, library or hall at Ruatahuna.


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2009, 2 JULY 2009 –


       Mr Te Kani noted that the people of Ruatahuna were a very proud people and did not
       ask for anything, and sought to be left alone and did not want to be burdened by
       rates.

       Mr Te Kani said it was disgraceful that the residents were under threat of eviction
       from their homes because they were unable to pay their rates. He said that the
       Council did not provide any amenities on their doorstep but still expected the
       residents to pay rates. He quoted the Council website which promised to deliver the
       best quality service to its residents, and said that there was no quality in the services
       provided to the residents of Ruatahuna. Mr Te Kani said that the Council had the
       temerity to adopt a rating system that they were abhorrently against.

       Mr Te Kani tabled a copy of the “Local Government Rates Inquiry – Background
       Paper for Consultation on the Impact of Rates on Mäori Land” for Councillors to
       consider. He said that there were 1,500 hectares of land under the provisions of the
       report and sought a commitment for the Council to agree to consent to rates
       exemption on the land. He requested that the Council abolish rates in Ruatahuna
       once and for all.

2.82   M Temara – Hinepukohurangi Trust – 337

       Refer to pages 4547-4550 of the agenda and pages 4550a-p of the tabled items.

       Mr Temara read his tabled submission outlining the concerns of the Ruatahuna
       residents and the Hinepukohurangi Trust. He also tabled a 131 signature “Petition
       from the Ruatahuna Community for the Whakatane District Council” which supported
       the submission.

2.83   P Bird – Te Kura Kaupapa Motuhake o Tawhiuau, Te Runanga o Ngäti Manawa,
       Murupara Mäori Women’s Welfare League, Rangitahi Marae - 939

       Refer to pages 4052-4066 of the agenda.

       Mr Bird said that he represented 6,500 beneficiaries of Ngäti Manawa and supported
       the submissions made by the previous speakers. He said that the Council had not
       taken into consideration the social economic situation of the area when formulating
       the rates. Mr Bird said that they were poor people, which, he said, was not a
       criticism, and noted that all of the schools in the southern area of the district were
       Decile 1. He said that being poor was not being without hope or dreams for
       mokopunas.

       Mr Bird said that the Service Centre, Hall and Pensioner Flats were legacies passed
       on by the civic forefathers and said they symbolised community pride and civic
       mindedness. He said that 2 months ago the pensioners were secure in the
       knowledge that they had a roof over their heads and affordable housing, and now
       they have had that security taken away from them. Mr Bird said that the tenants
       were anxious with worry and said that the Council had a social and moral
       responsibility to take care of its elderly people. He requested that the Council show
       they had a social conscience and to show faith with the people by retaining the flats.

       Mr Bird said that it was the Council responsibility to act justly and fairly to ensure that
       the best interests of the aged, young, vulnerable and poor people were looked after
       for the common good of all citizens. He said that he did not believe this was currently
       the case at the Whakatane District Council.
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       Mr Bird considered that the plan unfairly discriminated against the poor and
       vulnerable and he did not want to face the prospect of the elderly being homeless.
       He said that the pensioner flats were part of the heritage of Murupara.

       Mr Bird supported the submission made by Mr Temara and said asked for a reason
       for the change and where the value of service would be increased in Ruatahuna and
       Minginui to justify the increases proposed. He said that driving around Murupara
       recently he had noticed insufficient lighting, worn out berms, unsightly and dangerous
       footpaths and questioned what the Council had in mind for improvements to
       Murupara. Mr Bird concluded by saying that there seemed to be nothing.

2.84   J Tumarae – Te Kohanga Reo o Ruatahuna – 322

       Refer to pages 4571-4574 of the agenda.

       Ms Tumarae said that Te Kohanga Reo o Ruatahuna had a full roll of 20 children at
       the Kohanga Reo with a further 27 wanting to come. She said that they refused to
       pay rates on Mäori Land which had been handed down through the blood lines of the
       Chiefs through time. Ms Tumarae said that the land was inherited and that bullying
       residents into trying to make them pay rates was not going to work. She said this was
       not what they wanted for their mokopunas.

       Ms Tumarae asked Councillors if they knew where Ruatahuna was and whether they
       had breathed the air that they breathed. She said that Ruatahuna was Mother Earth
       and we are her children. Ms Tumarae said that there was a lot of pollution and
       destruction around with the tar sealing of the roads and 1080 poisoning. She
       concluded by suggesting that instead of the people paying rates, the Council should
       pay rates to her children.

2.85   P Tumanako – Te Kohanga Reo o Ruatahuna – 233

       Refer to pages 1501-1504 of the agenda.

       Ms Tumanako said that she supported Ms Tumarae and other submitters from
       Ruatahuna. She said that she was against paying rates and felt that her children
       should not have to pay rates either. She said that they wanted to community to be
       sustainable and questioned what services the Council provided for the community.
       She said that if they wanted to use the Council’s facilities they had to come to
       Murupara.

2.86   R McMahon, J Hutton and A Blick – Ngäti Whare Trust – 1114, 1103

       Refer to pages 4066-4070 and 4134-4137 of the agenda, and pages 4137a-x of the
       tabled items.

       Mr McMahon introduced the submission and passed on the balance of the
       submission to Mr Hutton. Mr Hutton spoke of the history of Minginui Village and the
       issues being faced by residents today. He tabled two petitions –
       “We the residents of “the Minginui Village” do not support the changes to the
       definition of rateable units allowing rates to be set on each separately used and
       inhabited parts of a rating unit.”
       “We the residents of “The Minginui Village” support the development of a refuse
       transfer station in Minginui.


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       However the date of 2013 is not acceptable as we need the station to be put into
       place in 2009 as our landfill is scheduled for immediate closure.”

       Mr Hutton also tabled a letter from the Forest Risk Manager – Timberland Limited
       supporting the closure of the dump for fire risk reasons with the following condition -
       “a free and accessible alternative is made available for the people of Minginui and
       surrounding areas.”

2.87   W & T A Taki – Te Ika Whenua Counselling, Murupara Youth Centre Trust – 133
       and 150

       Refer to pages 4182-4182 and 4178-4181of the agenda.

       Ms Taki quoted page 108 of the Draft LTCCP regarding the reduction by half of the
       Community Development budget and said that this impacted badly on Murupara,
       particularly from a safety aspect. She said the town needed systems to stop ongoing
       vandalism, dropping of litter, damage to buildings in the Civic Square and said that
       continual petty crime costs the town dearly and that was not just in money terms. Ms
       Taki spoke of the costs to repair vandalism at the Youth Centre and said that they
       sometimes averaged $1,500.

       Ms Taki indicated that the vandals were given rights over the ratepayers and
       requested that the Council retain the position of Safer Community Co-ordinator, as
       there had been a lot of positive input into the town from him. Ms Taki also said it was
       important to retain the Kaitakawaenga Mäori position and said that with 42% of Mäori
       population in the district it was important to have a representative who was there for
       the Council, to work with the local people kanohi to kanohi. She said that it was not
       good enough that a new role would be created to take the two positions with a focus
       on community funding for community development. She questioned who would be
       the speaking voice for the Council with the Iwi Liaison Committee if the
       Kaitakawaenga Mäori was no longer there.

       Ms Taki requested that the funding be redirected back to both the Safer Community
       Co-ordinator and Kaitakawaenga Mäori positions as it was important to meet Mäori
       on their own Turangawaiwai.

       Ms Taki questioned
        why the venue of this meeting had been changed and felt that money had been
          wasted notifying people of the unnecessary change
        why the Council were depriving the Youth Council of the $3,000 budget when at
          least three times that would be spent on repairs to the vandalism that may be
          caused as a result
        the proposal to charge a SUIPs – and called it “sucking us in the pockets again”
          and said the increase would cause was an unfair burden on people who were
          looking after their children or elderly relations
        the Council needed to be engaging in transparent consultation

       Ms Taki calculated that at least $910,000 was raised in Murupara from rates and said
       that the town could quite easily manage its own affairs and run its own town with
       those funds. She said that many of the items that were being funded were not
       relevant to the people of Murupara and now the Council were wanting to take out
       more services. She questioned why they would pay rates to a Council that wanted to
       take away the Community Board, the library and the Service Centre.

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       Ms Taki said that the water was a natural resource and questioned why the Council
       were paying $171.92 when there was no work done on the infrastructure. The
       roading rate was another cost that should be covered by the taxes paid to the Crown
       for car registration and ACC fees. She considered that the only visible service was
       the collection of refuse and said that in the times of economic recession there was no
       excuse to increase rates.

       Ms Taki said that strong, transparent and open leadership was one of the Council
       outcomes but the Council did not seem to want Murupara. She said that they needed
       to work on its relationships and show the people of Murupara how they intended to
       work in partnership with them. Ms Taki said that they were hurt that the Mayor had
       said that Murupara was a poor town and said that they were rich in resources with
       land and water. Ms Taki concluded by stating that she wanted to cut the purse
       strings with Whakatane and the town would do their own thing and plan their own
       future.

2.88   M Downie – 275

       Refer to pages 4082-4085 of the agenda.

       Mr Downie spoke of the neglect to the public areas of the community and said that
       the Council had a responsibility to ensure that simple maintenance standards were in
       place to ensure the safety of the community. He asked the Council to provide the
       services needed and said that there was no great expense to do so. He said that
       money was raised from within the town and this should be spent on looking after the
       basic areas while cutting back on the expensive items. Mr Downie considered that
       the rural area of the district was not getting value for money and said that the town of
       Murupara should look as smart as Whakatane.

2.89   R James – 1152

       Refer to pages 4102-4105 of the agenda.

       Ms James highlighted that the Pensioner Flats and Service Centre were part of the
       town as were the senior citizens who belong to the community. She said that they
       had fought to build the town and now there was anger at the uncertainty caused by
       the Council by wanting to take away their homes from them. Ms James wondered
       how the selling of the Pensioner Flats would help build a stronger community and
       said it was important to provide secure premises and housing for the elderly. She
       said that it was the responsibility of the Council to look after its elderly.


2.90   A Tanirau - Murupara Community Board – 621, 731

       Refer to pages 1846-1849 and 4313-4316 of the agenda.

       Ms Tanirau said that the Murupara Community Board supported the status quo for
       the service centre and had received feedback from the community indicating their
       support for it. She said that a postal agency did not have the facilities to carry out the
       care of the town and said that the suggestion to relocate the Library to a school was
       not workable. She said that placing compliance issues onto the school to take over
       the activity would be unfair with untrained personnel. Ms Tanirau said that the Board
       were supporting the community and don’t want the facility closed.


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2009, 2 JULY 2009 –


       Ms Tanirau said that the Board preferred the option put in place for the Murupara and
       Galatea Halls and if voluntary groups were to be put in charge of them they would
       need a contribution from the Council to support the running of them. The Board
       supported the retention of the Pensioner Flats and suggested that one of the
       Council’s options be to retain them.

       Ms Tanirau said that the Board supported the status quo with regards to both the
       representation review and the rating review. She said that they had heard a number
       of people today saying that they could not afford an increase in the rates. Many of
       these people have lived in this area all of their lives and the financial impact being
       proposed by the Council to some of these areas was huge and noted that they would
       still struggle no matter who options were proposed.

       Ms Tanirau also commented on the following issues:

          Do not support water meters being installed throughout Murupara
          Support the divestment of surplus land – the operational costs would be reduced
           as the cost to maintain these areas increases
          The impact of the sale assets such as the Pensioner Flats would be horrific for
           Murupara

       Ms Tanirau concluded by requesting the Council to ensure that we can walk into the
       future together and help the people as they could not do it on their own. She asked
       the Council to listen well and to hear what the people had to say when making their
       decisions.

2.91   R Teddy and M Jenner – Network Murupara – 1039

       Refer to pages 4194-4209 of the agenda and pages 4209a-f of the tabled items.

       Ms Teddy said that the proposal to sell the pensioner flats was not right as they were
       built when the community was well served under the Murupara Borough Council.
       She said that the community was forced by amalgamation to become part of the
       Whakatane District Council. Ms Teddy said that there was a lot of anger and
       frustration being felt be residents with the continual rate increases and said that there
       had been little consultation with residents over the issues.

       Ms Teddy questioned the fairness of disestablishing services and retaining rate
       revenue from the community and said that there was nothing in the LTCCP for Maori.
       She said that local representatives needed to have a say in matters that were critical
       to Murupara.

       Ms Jenner tabled a submission and said that the town had the capability to maintain
       the services and outlined the work that Network Murupara had been involved with
       upgrading the town and identifying further projects for development.
       She noted that the organisation had systems and protocols in place and asked the
       Council not to underestimate the power of the people, who want their town back.

2.92   W Kirk - 1140

       Refer to pages 4114-4117 of the agenda.




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       Ms Kirk disagreed with the drat plan and said that in her 6 years of living in the
       community, she was aware of how the facilities and amenities were established – by
       the community for the community.

       She said that the proposals being put forward by the Council were unfair and unjust.
       Ms Kirk said that she was against the closure of the Service Centre as it had an
       important place in the community. She said that not everyone had access to
       telephones and the internet, and some residents did not own vehicles.

       Ms Kirk said that the Council needed to take care of the elderly as they were the ones
       that were part of the history of the town and had assisted in building it up. She said
       that they were now worried about what was going to happen to them and that was to
       the detriment of their health and well being. She said that the Council had a cheek to
       use the words “community plan” when there was little or nothing in it for Murupara
       and the surrounding communities. Ms Kirk said that there were a number of areas
       around the town that needed attention and asked the Council to move forward rather
       than backwards.

2.93   C Vari – 956

       Refer to pages 4214-4220 of the agenda.

       Ms Vari said that the Pensioner Flats were part of every community and should
       remain so. She noted that the Murupara Hall was built with money raised in the
       community and had played a large part in the community over the years with many
       important occasions making up the history of the area taking place here. Ms Vari
       said that the Library and Service Centre needed to be retained, and the staff here
       were much more important to residents than a phone call to Whakatane which was so
       far away.

       Ms Vari said that there were excellent staff at the Murupara Service Centre and the
       library was a central part of life in the town. She said that there were excellent
       holiday programmes run in conjunction with the facility and it was a warm and
       comfortable place to come to for people wanting to read the papers, use the internet,
       or take out books. She noted that there were a number of scrap books depicting the
       history of the community which were available for people to view on request. Ms Vari
       said that it was no use storing the information in Whakatane as it was needed. Ms
       Vari concluded by asking the Council to please keep the town alive.

2.94   M Ripia – Ohiramoko Whanau Trust - 695

       Refer to pages 4356-4359 of the agenda.

       Ms Ripia said that she supported what had been said by the previous speakers.

2.95   D Rurehe - Ohiramoko Whanau Trust – 260

       Refer to pages 4372-4375 of the agenda.

       Ms Rurehe said that she opposed the rating system as it was and the one that was
       proposed. She said that the 17 section housing subdivision in Ruatahuna cost the
       whanau a lot of money in development levies and water etc, and noted that to date,
       all maintenance costs had been met by the residents.


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       Ms Rurehe said that she objected to paying rates when there were no Council
       services provided to the subdivision.

2.96   K Tahi - 259

       Refer to pages 4396-4399 of the agenda.

       Ms Tahi said that she supported her colleagues from all over the district and opposed
       the rates increases and said one of the burning issues was that they had been told
       that if they did not pay their rates the Council would come and sell our homes from
       under us. That had already happened to one house in Ruatahuna and it was put up
       for sale. Ms Tahi asked the Council what they had given to the people for the money
       that they pay in rates and asked what happened to the families if they were booted
       out of their homes. She said that the old people of Ruatahuna had been through
       tough times and these issues only added to their mental and physical wellbeing. Ms
       Tahi concluded by reminding Councillors that we were currently in a recession.

2.97   K Taputu – Tamakaimoana/Ruatahuna - 317

       Refer to pages 4431-4434 of the agenda.

       Ms Taputu said that she was a mokopuna of Ruatahuna and that the Council were
       officers of the district as advisors and administrators and did not see that as
       corporatisation. She said that the people of Ruatahuna paid for their own services
       and to be able to wanted access the Murupara Service Centre not the Whakatane
       Office. Ms Taputu said that people in Whakatane did not know where Ruatahuna
       was and that they accessed many of their services from Rotorua and did most of
       their shopping there as well.

       Ms Taputu questioned the services that they were required to pay rates for and said
       these were non existent in the Ruatahuna Community. She said that Heartlands
       BOP would generate its own structure and would be contracted to outside areas.
       With regards to the services she said the library there was none, the swimming pool
       was the river, the rubbish they got rid of their own, the transport was also their own
       and other services were non existent. Ms Taputu concluded by saying that the move
       to change the status of Mäori land to get revenue from it was obnoxious.

2.98   T Tawa - 332

       Refer to pages 4435-4438 of the agenda.

       Mr Tawa said that the rating of houses on general land was not right as people were
       paying the Council for the land that you own. He said that he was paying for water at
       his home when he had to fix his own lines and no funding was provided by the
       Council. Dog registration was another point and he said that for years no one has
       come up to Ruatahuna check on dogs and the owners never saw anything for their
       registration fees. Mr Tawa said they continually see money going out of town and
       not receiving anything for it.

       Mr Tawa said that they had already been colonised and did not need to be laranized
       and said that they did not want to pay rates that they could not afford. He said that
       he had worked and lived in Murupara and Wairapukao and gave to the communities
       in that time. He said that the jobs had now been cut and he had moved back to
       Ruatahuna because towns were to fast, bright and noisy.
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       He said that he moved home to feel the morning sun and wants to continue to live
       that way and not be dictated to by the Council.

2.99   W Te Are – 334

       Refer to pages 4507-4510 of the agenda.

       Ms Te Are noted that she rented a house from Housing New Zealand on papakainga
       land, while attempting to get a deposit to purchase the home. She said that she
       opposes the proposal by the Council to come into her rohe and charge rates. Ms Te
       Are also said that she opposed the sale of the pensioner flats and said that the
       community had an obligation to look after their own people.

       Ms Te Are said that she also opposed the reduction of Councillors as she did not
       want someone from Edgecumbe representing her. She said that she supported the
       submissions made by other speakers and signed a petition in support of her rights.

2.100 R Teka - 265

       Refer to pages 4523-4526 of the agenda.

       Mr Teka said that the land that he lived on was handed down to him by his Tipuna,
       he drank the water and bathed in it, built his house by the hands of his Kaumatua
       and now you want to rate me for it – I don’t think so.

2.101 K Nuku - 951

       Refer to pages 4150-4153 of the agenda.

       Ms Nuku noted that it has all been said. She advised that she had lived in the area
       for 5 years and now called it home and said that it was sad what the Council was
       trying to do. She asked the Councillors to listen to the speakers as they were trying
       to protect what belonged to them. Ms Nuku said that living in Murupara she had
       more to do with Rotorua than Whakatane and nothing had improved in the time she
       had lived there. Ms Nuku concluded by advising that she disagreed with everything
       the Council had included in the plan.

2.102 Dr P Rewi

       Dr Rewi said that he was an affiliate to all of the people gathered here and was
       gutted at the process that did not allow the people to deliver their submissions in their
       native tongue and by doing so had removed the spirit and feeling through translation
       into a language that the Council could understand. He said that there had been a
       number of issues raised and said that they should be looking at issues that would
       benefit Mäori and said that the graveyards would need to be extended if some of the
       issues raised were not adequately addressed.

       Dr Rewi said that he was aggrieved at the process where the Council wanted to take
       the land, houses and resources of the people and asked where it would end. He
       considered that the Council had now removed the mana and said that the people did
       not want to give away their mana. He said that if he had to beg he would do that and
       questioned whether this was what the Councillors were waiting for before they would
       listen.


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2009, 2 JULY 2009 –



2.103 Zane Makiri - 134

       Refer to pages 4118-4121 of the agenda.

       Mr Makiri said that he had not voted for any of the Council members and said that he
       was not going to do what they told him to. He spoke of being tangata whenua and
       said that all resources belonged to them and they did not need the support of the
       Council and could not be made to pay for them. He said that there were a lot of God
       fearing people in the community and the Council were confiscating things that did not
       belong to them. He said that the people did not go to Whakatane or use the services
       there, unless it was to go to court for not paying his rates.

       Mr Makiri said that he totally disagreed with the charges being imposed by the
       Council and said that a community means a lot of things. He said that by speaking to
       individuals you got a lot more.

2.104 J Hemi

       Mr Hemi said that he had been creating a dream for Murupara over the last 7 years
       and had put a proposal forward to the Council’s Service Deliver Officer to turn some
       of the parks and reserves into gardens. He said that he would like to start with Evans
       Park and questioned whether rates would be imposed on top of the development.
       He said that the proposal would provide kai for the people and set up an
       infrastructure with the proceeds going to pay for the benefit of the community,
       medical costs for the elderly to go to hospital and the children to go to school.

       Mr Hemi spoke of the Treaty of Waitangi, the Resource Management Act and the
       ownership of the land and said that there had been letters exchanged between
       himself and Council staff. He said that there was a lot of knowledge to be gained
       from the proposal and requested that the proposal be given a try.

2.105 Conclusion

       Mr Bird spoke of the lack of provision for the submissions to be provided in Te Reo
       and said that the people had been denied the right to speak in their native language.
       He expressed disappointment that the meeting was not held at Tawhiuau School.

       Mr Bird concluded by asking the Councillors to take the comments in the spirit in
       which they were given and to consider carefully what had been said. He said that
       there was a large number of people participating and said that they all deserve the
       right for the Council to consider what had been heard.

       Brother Vince thanked the Council for coming to Murupara and giving the Councillors
       and public an opportunity to get a feel for what was happening. He said that there
       were a lot of people hurting throughout the country with the global recession and said
       that this was not new to Murupara they had been in a recession for 30 years.

       THE MEETING CONCLUDED WITH A PRAYER BY BROTHER VINCE AT 5.50 PM


THE MEETING ADJOURNED AT 5:50 PM AND RESUMED AT 9:00 AM ON FRIDAY, 22
JUNE 2009 IN THE COUNCIL CHAMBERS, CIVIC CENTRE, COMMERCE STREET,
WHAKATANE
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2009, 2 JULY 2009 –



PRESENT:              His Worship the Mayor C G H Holmes, Deputy Mayor G I Hanlen,
                      Councillors A A Bonne, E R Byrne, C Chambers, W B Clark,
                      S Jarrett, G V Johnston, I J Shearer, R N Orr and J Te Kurapa

IN ATTENDANCE:        D C Bewley (Director Environment and Policy), H Read (Director
                      Works and Services) and C B Hair (Administration Officer Policy)


2.106 Diana Watson, Whakatane Astronomical Society: 419

       Refer to pages 2962-2967 of the agenda.

       Ms Watson stated that it was ludicrous to sell the reserve on Hurinui Avenue on
       which the Whakatane Astronomical Society Observatory has stood since the early
       1960’s. She stated that there was now an Education Centre as well as the
       observatory. She stated that large groups of people, including many school groups,
       visited the observatory as this provided a practical hands on experience. She
       believed that the observatory was one of Whakatane’s special assets and if the
       reserve land was sold and the observatory had to be relocated it would be a major
       loss to the Whakatane town.

       Ms Watson stated that the reserve was used by locals and tourists for picnics, lunch
       breaks and to enjoy the views over the town and river and is easily accessible by
       disabled persons.

2.107 George Odey on behalf of Bruce Thompson: 822

       Refer to pages 3002-3007 of the agenda.

       Mr Odey spoke on behalf of Mr Thompson who had been a member of the
       Whakatane Astronomical Society since 1973. He stated that Mr Thompson opposed
       the sale of the reserve at 17 Hurinui Avenue where the observatory and new
       Education Centre was located.

       Mr Odey stated that the Whakatane Astronomical Society had constructed the
       observatory in 1964 and had embarked on a policy of public access and education
       from which they had never waivered. The observatory had been extended in 1971
       with a larger more powerful telescope, since then that had been replaced by a larger
       model. He noted that the facilities had always been available to the local schools as
       well as the public. He noted during early 1986, with Halley’s Comet they had 93
       visitors from southern California in one night. He stated that the observatory was
       listed in The Lonely Planet Guide and this had a positive economic effect on the town
       as people elected to stay in Whakatane to visit the observatory.

       Mr Odey stated that there was ease of access to the observatory. He commented
       that it was also a favoured picnic site during the day.

       Mr Odey explained the significant upgrade of the observatory site during the last four
       years made possible by the receipt of significant funding from a number of
       organisations including the Whakatane District Council. He stated that if the reserve
       was sold all the money and time would be wasted as the Society would be forced to
       vacate the observatory site and they would have no assets other than those that
       could be removed from the building.
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       He stated that the buildings themselves could not be removed and he asked what
       else they could be used for as they had been designed only for one purpose.

       Mr Odey stated that between Gisborne and Hamilton there was no other town with
       such well established astronomical society and observatory. He asked that the
       Council remove the Hurinui Avenue reserve from the list of Council assets being
       considered for sale.

       In response to questioning as to whether light spillage from the township was
       comprising the integrity of the site, Mr Odey stated that light spillage was much less
       than other observatories around the world and New Zealand. He stated that the town
       lights were bad for the western view but there were ways to control light spillage such
       as dampeners installed on streetlights which directed the light downwards, not
       upwards. He asked that the Council consider doing the same here in Whakatane.

       In response to questioning as to whether the Society would be a potential buyer, Mr
       Odey stated that they would love to be if they had the funds, if they were left a
       bequest or such like.

2.108 Norm Izett – Whakatane Astronomical Society: 828

       Refer to pages 2944-2947 of the agenda and tabled document 2947A-B.

       Mr Izett read his tabled submission (refer to tabled document 2947A-B). He asked
       the Councillors if they knew the name of the nearest star. He stated that everyone
       needed to know that the Sun was the nearest star.

       He stated that the Astronomical Society had a long history of visitors from all over the
       world coming to look at our night sky. He noted that there were only some parts of
       the sky that could be seen from the southern hemisphere. He stated that the local
       people did not appreciate how lucky we are to have an operational observatory in
       Whakatane.

       Mr Izettt stated that the Society would like to move to another site but that would cost
       millions of dollars . He stated that they had a well appointed building and were
       waiting for funds to enable them to get a sewerage connection. He advised that the
       Society would love a planetarium like the one in Napier and One Tree Hill in
       Auckland.

       Mr Izett noted that astronomy was included in the school curriculum.

       Mr Izett asked the Council to consider carefully their decision to sell of Hurinui
       Avenue reserve.

       In response to questioning as to whether there would be room for a planetarium Mr
       Izett stated that they could squeeze one in that could accommodate 60 people (a
       coach load). He stated that while it could be built downtown the attraction for people
       was to look through the telescope.

2.109 Robert MacGregor for Margaret Martin: 1155

       Refer to late submission from Margaret Martin.



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       Mr MacGregor spoke on behalf of Margaret Martin who was unable to attend the
       hearing. He stated that she supported the Astronomical Society in the opposition to
       the proposal to sell the reserve. He stated that Mrs Martin’s property was on the
       southern boundary of the reserve.

       Mr MacGregor noted that the Council had recently spent some money on extending
       Hurinui Avenue past the concrete driveway and resealing the car park. He did not
       believe that sufficient attention had been paid to the utility of the site by visitors and
       residents. Mr MacGregor stated that there were probably over 100 vehicles per
       week using the road.

       He noted that Hurinui Avenue was a single lane road with no off road parking and no
       ability to turn a vehicle. He believed that through custom the actual car park of the
       observatory was used as a community facility, as an extension of the road in a cul de
       sac type arrangement. He stated that rubbish trucks did not come up the Avenue
       and they sent up a contractor with a trailer who could not access the properties
       without been able to turn around at the top.

       Mr MacGregor stated that he believed there were grounds for customary usage and if
       the property was sold to an individual the residents would lose this usage and their
       property would be difficult to access. He stated it would be doubtful today that
       consent would be given to Mrs Martin site given the access issues. He stated that
       the proposal to sell the reserve impacts negatively on Mrs Martin’s property to a
       considerable degree. His argument then is that the reserve is not just used for an
       observatory but is an extension of the road and has been used as such for many
       years.

       Attendance

       Councillor Hanlen joined the meeting at 9:37 am.

2.110 Claire Pye and John Rennie, Pou Whakaaro: 639

       Refer to pages 2952-2961 of the agenda and tabled document 2961A-B.

       Ms Pye read her tabled submission (refer to tabled document 2961A-B). She asked
       that the Council recognise that they have a partnership with Pou Whakaaro and that
       they want to continue with this partnership. In response to questioning she stated that
       no funding agency would provide money for the costs of a lease at market rates.
       She stated that the current lease was $30 per month and any increase in rent to
       $13,000 would represent a loss of a third of their staff members.          Mr Rennie
       confirmed that they were a charitable trust.

       In response to questioning Ms Pye confirmed that the Ministry of Social Development
       would only fund 80% of their costs and expected them to find 20% from other
       sources and the DHB funded FTE positions and costs associated with staff.

2.111 Norm Izett: 835

       Refer to pages 3020-3023 of the agenda and tabled document 3023A-B.




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       Mr Izett read his tabled submission (refer to tabled document 3023A-B) and asked
       the Council to plant suitable trees in suitable locations to avoid the current problems
       been experienced by previous plantings of unsuitable large species causing damage
       to footpaths, shading in winter and placing property and life at risk in the advent of
       storms.

2.112 Graham Thomas: 837

       Refer to pages 3024, 3025-3029 of the agenda and tabled document 3024A-D.

       Mr Thomas read his submission on behalf of the New Zealand Motor Caravan
       Association Inc (NZMCA) (refer to tabled document 3024A-B) requesting over night
       sites be made available on Council land for certified self contained motor caravans in
       the Whakatane District.

       In response to questioning that there were sites available in the Whakatane District
       already Mr Thomas advised these were not provided by the Council.
       Mr Thomas clarified that his comments on a conflict of interest referred to the fact
       that the Council leased the land for the motor camps at Thornton, Whakatane and
       Port Ohope.

       He advised that the site at Otamarakau was been leased from the New Zealand
       railways and was an independent body who had not yet got a resource consent to
       run the camp.

2.113 Trish Thomas – on behalf of NZMCA: 34

       Refer to pages 3024 of the agenda and tabled document 3024A-B and the Dump
       Station Information Guide Booklet and the Welcome Introduction booklet.

       Mrs Thomas read the submission on behalf of the NZMCA (refer to tabled document
       3024 A-B) and requested more dump stations to cater for the growth in motor homes.
       She clarified that it would cost up to $1,000 for a new dump station.

2.114 Bob Austin: 637

       Refer to pages 3054-3061 of the agenda.

       Mr Austin suggested that the Council introduce a waste boiler to deal with local
       refuse and reduce the size of the landfill required. He believed the Council should
       dump rubbish locally.

       Mr Austin stated that pensioner housing was a vital community need. He suggested
       that the Council include an assets test for tenants. He suggested the Council revise
       its policy and he referred to the South Taranaki District Council’s policy as a model.

       Mr Austin also referred to South Taranaki District Council who had four community
       development staff. He believed that the Iwi Liaison position was important to support
       relationships between the iwi and encourage iwi participation in the Council process.

       In response to questioning Mr Austin stated that he had seen the waste boiler
       working in Paris.


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2009, 2 JULY 2009 –


2.115 Nigel Billings - Federated Farmers: 871

       Refer to pages 130-132 of the agenda.

       Mr Billings stated that he was a Policy Advisor to Federated Farmers.

       Mr Billings stated that he had discussed with the local branch of Federated Farmers
       the idea of bringing large group of farmers here today to talk about SUIPs as this
       issue has the farming community riled up however they decided against this action.

       Mr Billings stated that Federated Farmers were concerned with the legal limitations of
       the law who could only derive income from property owners. He stated that every
       time the Council did something proactive such as disengage from community
       development or pensioner housing the ratepayers went berserk. He stated that
       farmers paid for Council services on the basis of the value of their farm and because
       farms were big capital, low return investments the ratepayers confused this and
       thought farmers had buckets of cash at the back of the cowshed. He stated that it
       was absurd to farmers that they were paying, all over the country, for Council
       activities such as tourism and subsidising pensioner housing. In their view local
       government needs to go to Parliament to get some more income and appropriate
       funding mechanisms which all the community pays for.

       Mr Billings congratulated the Council on the transparency of the LTCCP.

       Mr Billings stated that in his experience of submitted to lots of Council’s the response
       of Federated Farmers in relation to SUIPs has varied. He stated that they supported
       the Wairoa District Council SUIPs because they specified which situations a SUIP
       would be applied and had exempted agricultural situations and urban granny flat type
       situations where family members lived rent free. Basically if the property did not
       generate additional income it was exempt from the SUIP. He urged the Council to
       come up with a really good policy that captures those situations where people
       generate additional income streams from SUIPs and he believed the Hub was a good
       example of where SUIPs should be charged.

       In response to questioning as to how would define the core business of local
       government Mr Billings stated that each council had their own views of what core
       business was.

       Mr Billings In response to questioning stated that he believed the Council should
       develop rather than abandon SUIPs.

       Mr Billings clarified that he believed any rate on a uniform basis should be charged to
       the SUIP.

2.116 Ruth Gerzon: 475

       Refer to pages 3946-3950 of the agenda.

       Ms Gerzon stated that she had expertise in community development and she was
       distressed to see that the draft LTCCP was planning to discontinue funding of one full
       time position. She asked that the Council consider the LTCCP in terms of a
       community development approach.



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       She stated that when communities are involved in projects, such as the decorated
       Kawakawa public toilets that were designed by residents and which people travelled
       to see, these public facilities were less likely to suffer vandalism.

       She contrasted this with the plans to beautify the Heads. She stated that the Council
       had paid consultants to come up with a plan and then had asked the locals for their
       opinion which meant that the budget had increased for that project. She stated that
       authentic community development processes tapped into local energy and expertise.

       She stated that in terms of pensioner housing, the Council should start talking to the
       people in the flats about what was important to them, the improvements they would
       like to see, the social services they required and it may be that a government
       department or community trust may be involved. She stated that this type of process
       did not damage mental health or destroy communities. She stated it was unethical,
       expensive and unproductive.

       She stated that community development staff could go and talk to people who lived in
       communities and tap into local initiatives and she referred to the example of the
       Opotiki District Council who worked with the locals regarding the development of
       Waiotahi hall for farmers markets and other community uses. She stated that
       Hamilton had regular Mayoral listening forums in which people could share their
       ideas with the Mayor. She believed that if the Council had taken up this idea they
       would not be facing the opposition they have now, facing a barrage of criticism.

       Ms Gerzon stated that it didn’t have to be like this, many towns do thing better and
       work alongside their communities.

       Ms Gerzon stated that the Council desperately needs to retain and strengthen
       community development and back up the staff expertise with ethical consultation
       processes to regain the goodwill that had been badly dented through the draft
       LTCCP process.

2.117 David Dowd: 328

       Refer to pages 568-569 of the agenda and tabled document 569A-B.

       Mr Dowd read his tabled submission (refer to tabled document 569A-B).

2.118 Bryan Bourke: 572

       Refer to pages 3226-3233 of the agenda.

       Mr Bourke stated he would like to endorse Ms Gerzon’s comments about community
       development.

       Mr Bourke stated that the changes to the mitigation policy meant that the people in
       Matata were now going to pay $354 and this would increase to $617 per annum. He
       stated that pensioners and people on fixed incomes could not support such a large
       increase in their rates.

       Mr Bourke stated that he believed the Council should apply to the government for full
       funding of the disaster mitigation works. He also advocated district wide funding of
       the Matata disaster mitigation works as the disaster was not caused by the Matata
       community.
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       Mr Bourke stated that he was concerned with the definition for SUIPs as a motel unit
       was classified as one unit whereas a separate granny flat with a kitchen was
       classified also as one unit and would have to pay an additional SUIP. In his own
       case he had a granny flat on his property to care for his mother in law. He stated that
       the idea was that once his mother in law died they could rent it out however the SUIP
       would cancel out any benefit. He believed that there should be an income test or
       threshold that would apply for privately owned granny flats and they should be
       differentiated from commercial operations.

       Mr Bourke stated that he had analysed the financial information in the draft LTCCP of
       which there was a lot however while there was projected income and expenditure for
       10 years there was no projected rates requirement.

       Mr Bourke stated that Matata’s rates were likely to go up further with water meters
       and sewerage schemes and he stated they were headed towards $100 per week for
       rates. He stated that Matata would no longer be affordable for pensioners.

       In response to questioning as to why he commented in his original submission that
       the cap of $250 had been removed because of the trouble at Matata and Mr Bourke
       stated that there were rumours circulating in Matata that this had happened. Mr
       Bourke stated that there were a handful of individuals in Matata that had appealed
       the Council’s resource consents and they were holding all of Matata to ransom.

2.119 Gavin Dennis: 481

       Refer to pages 3238-3242 of the agenda.

       Mr Dennis stated that he had spoken to a number of people in Matata and helped
       them with their submissions and had been asked to speak on their behalf. He stated
       that the main point was they wanted the $250 cap for hazard mitigation funding to be
       put back on by the Council. He referred to the table which was circulated in the
       Matata monthly newsletter and attached to his submission (page 3242). He stated
       that the table showed the increase in disaster mitigation from $210 in 2008/09 to
       $354 in 2009/10 and rising to $528 in 2010/11, $673 in 2011/12 and $673 in 2012/13.

       Mr Dennis stated that he had been informed that the Council had removed the cap of
       $250 because people were appealing the resource consents in Matata. He asked
       that the Council put back the original Option 3 from last year’s Annual Plan and place
       a cap on community contributions. He stated that the community was facing a 26%
       rates rise and with the prospect of rates increases of 20% each year if the mitigation
       fees keep rising. He stated that this was not sustainable especially given the large
       number of beneficiaries living in Matata. He stated that people cannot afford more
       than the $250 cap. People would be forced to sell up and leave Matata. He stated
       that Matata had generations of people living there and forcing people out of Matata
       would destroy the cultural fabric of the town.

       Mr Dennis stated that the hazard mitigation works did not protect just Matata but also
       the railway and state highway routes. He stated that the need to keep the two main
       routes open was of benefit to the whole district.

       Mr Dennis stated that he had a 67 year old man on the phone who had burst into
       tears.


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2009, 19 JUNE 2009, 22 JUNE 2009, 25 JUNE 2009, 26 JUNE 2009, 29 JUNE 2009, 30 JUNE
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       He stated he could deal with fires and accidents but old men crying on the phone
       because they could not afford their rates was something he found difficult to deal
       with.

       Mr Dennis stating he was begging the Council to reinstate the cap of $250 which
       would equate to an increase of $2 or $3 for the district wide portion of the rate

2.120 Gavin Dennis, Edgecumbe-Tarawera Community Board: 908

       Refer to pages 4213-4234 of the agenda.

       Mr Dennis stated that he was speaking on behalf of the Edgecumbe-Tarawera
       Community Board Person and put in Graeme Smeaton’s apologies.

       Mr Dennis stated that the Edgecumbe-Tarawera Community Board believes that the
       costs of contractors and consultants could be reduced. He suggested hiring more
       engineering staff who could do activities currently undertaken by Opus International
       Consultants Ltd.

       Mr Dennis asked why the costs apportioned to community board were high and failed
       to show the accurate costs of running the community boards which they believed
       were a lot less than that apportioned by the Council.

       Mr Dennis stated that the Board was concerned with the proposed Arts and Culture
       Centre and asked the Council to reduce costs in this area. The Board believed that
       the harbour endowment fund should be used for the harbour only. He stated that it
       was important for the economic well being of the town and district that the harbour
       entrance be developed to an all weather safe entrance.

       Mr Dennis stated that the Board opposed the introduction of water meters in
       Edgecumbe as they were still using less than the original allocation of the Braemar
       scheme which had been designed to supply water to 3000 people in Edgecumbe.
       He stated that Edgecumbe got cheaper water than Whakatane however the
       introduction of water meters would change that. He also stated that water meters for
       Te Teko and Matata would be too costly.

       Mr Dennis stated that the Board did not support the Council decision to appeal the
       Environment Bay of Plenty High Court decision. He stated that the “horse had
       bolted”.

       Mr Dennis stated that the Board supported the request from Matata residents for a
       cap of $250 for the Hazard Mitigation rate.

       Mr Dennis advised that they would like to see community boards stay as they
       believed they did a good job with local knowledge and their ability to bring forward
       the wishes of the people in their communities. The Board also wanted to retain four
       wards and 10 Councillors. They would like the name of the Board changed to the
       “Rangitaiki Community Board”. He referred to the petition signed by hundreds of
       residents in support of the Board’s position.

2.121 Steve Brightwell, Department of Conservation: 632

       Refer to pages 2402-2405 of the agenda.


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       Mr Brightwell spoke to the Department of Conservation (DOC) submission and stated
       that tourism offered long term sustainable benefits for the communities of Minginui,
       Te Whaiti and Ruatahuna.

       Mr Brightwell stated that DOC supported the tourism work particularly the
       development of Te Urewera Rainforest Route Inc.
       He referred to the report from Tourism Resource Consultants which had been
       undertaken regarding tourism potential. He stated that the Whakatane District
       Council had been consulted in preparation of this report. The report indicated that
       there was significant potential development with the Whirinaki forest being an iconic
       visitor attraction. However the main impediment to the development of this potential
       was the ex SH 38 Ruatahuna Road which was narrow, hilly and unsealed. He stated
       that people chose to travel the long way round on sealed roads from Rotorua to
       Waikaremoana to avoid the unsealed road. The report had stated that if the road was
       sealed there would be a significant improvement in the traffic coming from the
       Murupara end which would benefit those communities.

       Mr Brightwell stated that both DOC and Te Urewera Rainforest Route Inc were
       investing in tourism development. He noted that Ngäti Whare was signing their
       settlement agreement today. He stated that Ngäti Whare had a vision to ensure that
       local iwi industries of tourism and forestry would see opportunities for long term
       sustainable economically viable industries for their people. He stated that tourism
       was critical for the economic development of this area.

       Mr Brightwell stated that the discontinuation of the seal extension programme by the
       Council was counter to the Council’s support and the government thrust to promote
       tourism.

       Mr Brightwell stated that 2013 was a long time to wait for the Minginui transfer station
       as there was no other rubbish collection service. He stated that rubbish dumped on
       the roadside was not conclusive to good tourism.

       In response to questioning Mr Brightwell stated that the tourism research was funded
       by DOC, Te Puni Kokiri and Ministry of Social Development.

2.122 Jacqui Hughes: 783

       Ms Hughes stated that she was here to present her own submission as well as the
       Safer Whakatane and District Communities Council’s and the Community Arts
       Council’s submissions.

       Refer to pages 3958-3964 of the agenda.

       Ms Hughes stated that she was concerned with the reduction in expenditure in the
       community development area and particularly concerned that the Council felt that this
       was not core business and that it could walk away from this activity. She believed
       that the Council had a major supporting role in the community given the
       demographics of the region and the uncertain economic times. She was not
       suggesting that the Council do everything itself, but rather support others to do
       things. She stated there were a number of groups working in the community and the
       Council’s leadership role was vital. She stated that the Council must be seen to
       support community development in many ways. The major way was to have staff out
       in the community liaising with agencies and groups and supporting them. She stated
       that the Safer Community Co-ordinator was a major player in that area.
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       Ms Hughes stated that she did not support the proposed reduction in councillor
       numbers and the demise of the community boards. She stated that it was important
       that decisions were made by people who represented different areas of the
       community. She stated that fewer representatives meant a distance between the
       Council and the community and the upshot would be disaffected persons opposing
       Council decisions.

       Ms Hughes stated that she supported the development of arts facilities in the
       community and she did hope that in the long term the original vision would come to
       fruition. She did not support the relocation of the library to the museum building.
       She believed that the whole museum site should be redeveloped to accommodate
       the museum and archives. She supported the environmental education resource
       centre and recommended that the old bus depot in Pyne Street be used as the site
       as it was close to REAP.

       Ms Hughes stated that there were suitable buildings in the CBD that could be
       retrofitted and used for a library.

       Ms Hughes stated that she had worked with the Murupara community for 30 years
       and had seen it move from a vibrant community to one where the population had
       drifted away. She stated that Murupara needed revitalisation and the support of the
       Whakatane District Council to do so. She asked that the Council keep providing
       services there.

       In response to questioning regarding the harbour endowment fund Ms Hughes stated
       she would liken it to the Port of Tauranga where fund managers from Environment
       Bay of Plenty had managed the funds to the point where surplus funds could be used
       to advantage the whole community and she suggested something similar could be
       done. She would support the use of the harbour endowment funds for activities
       which grew the community.

       In response to questioning as to her comments in her written submission that the
       development of a large gallery and exhibition space should be given a top priority,
       even above a library, Ms Hughes stated that the arts were the soul of a community
       and the Council needed to ensure we had vibrant facilities. She stated that the
       library deserved a better building than the museum building. She stated that the
       museum itself needed more space and the downstairs space could be use for
       research which left no where for a good gallery.

2.123 Jacqui Hughes, Safer Whakatane and District Communities Council: 765

       Refer to pages 3951-3957 of the agenda.

       Ms Hughes spoke on behalf of the Safer Whakatane and District Communities
       Council and stated that the position of the Safer Community Co-ordinator was seen
       as the face of Council who collaborated with a number of agencies and groups on a
       range of community development initiatives. These included the Youth Offending
       team, the Family Violence Network, Everyday Communities and Graffiti Elimination
       Group.

       Ms Hughes outlined the initiatives of the Safer Whakatane and District Communities
       Council including the CCTV project, the Alcohol Strategy development, Crime
       Prevention Through Environmental Design Assessments, the Crossroad Programme.
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       She stated that the Safer Community Co-ordinator was pivotal in the implementation
       of these projects. She stated that without the leadership provided by the Council in
       employing a co-ordinator to manage these important activities they would never have
       eventuated. She stated that one of the community outcomes was “A safe and caring
       community” and she believed that through the Safer Community Co-ordinator the
       Council could help meet that outcome. She believed that the disestablishment of the
       position would have a detrimental effect on the well being of the community and in
       the long term it would be costly for the Council as things slowly deteriorated.

       In response to questioning Ms Hughes stated that she estimated that the Safer
       Community Co-ordinator had received $100,000 in external funding however she
       would defer to the Safer Community Co-ordinator for more accurate figures.

2.124 Jacqui Hughes and Jennifer Manning – Whakatane District Community Arts
      Council (Arts Council): 22

       Refer to pages 1394-1399 of the agenda.

       Ms Hughes advised that Ms Manning was the secretary for the Arts Council and Sue
       Whale, Chairperson, put in her apologies.

       Ms Hughes stated that the Arts Council believes the Council needs to set goals to
       meet their community outcome of a “Diverse, Create and Active Community”. She
       believes that these goals should include putting in place facilities and venues to
       accommodate a wide range of activities, activities and events that support and
       celebrate culture, creativity and recreation and that all forms of art are catered for.

       Ms Hughes stated that they were concerned with the proposal to relocate the library
       to the museum building. They noted that the Historical Society was concerned that
       the significant archive would not be available for research if it was located in a safe
       keeping and holding type of facility. The present museum should be expanded to
       hold both the archives and the museum and the archives must have more space to
       ensure easy access, safe storage and room for future archive records.

       Ms Manning stated that the museum building was not suitable for a library and they
       invited the Council to explore options such as using the Niederer Plaza building for
       an expanded library including a 50 seat theatre/lecture room, a computer suite and a
       meeting room. They also requested that the old Briscoe’s building be refitted to

       Ms Manning stated that the Molly Morpeth Canaday Art Awards and Summer Arts
       exhibition over the Anniversary weekend needed a proper gallery to relocate to, and
       the same with the 3D award. These exhibitions deserved better spaces. There was
       also the need for an enlarged gallery space to house a permanent art collection. The
       Council could also start activities such as lunch time lectures, small concerts and
       educational activities.

2.125 Evelyn Lander: 410

       Refer to pages 3969-3973 of the agenda and tabled document 3973A-B.

       Mrs Lander read her tabled submission (refer to tabled document 3973A-B).




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2.126 Joe Doherty, Te Urewera Rainforest Route Inc: 296

       Refer to pages 1420-1423 of the agenda.

       Mr Doherty stated that Te Urewera Rainforest Route was established to support and
       promote tourism in the area from Rainbow Mountain to Wairoa. He stated that on 7
       July 2009 they would be launching their five year strategic plan. Their vision was for
       tourism to contribute in a positive and sustainable way to the well being of their
       communities along the route. Mr Doherty stated that this covered a large region from
       Taupo, Rotorua, Wairoa and Whakatane and there was a committee of seven, with
       11 operators and a total of 33 members.

       Mr Doherty referred to the visitor statistics which stated that domestic visitor nights
       were up and international visitors were down from last year. He stated that despite
       the downturn in international visitors they had grown. He stated that despite the
       economic downturn the tourism forecast was still looking bright. He stated that a
       cautious forward forecast to 2014 was an expected 1.3% pa growth in total visits.

       Mr Doherty stated that in our region tourism offered one of the few employment
       growth opportunities. He stated that a small group of operators cannot control this to
       a great degree so they did have strong links Tourism New Zealand, Industry Assn,
       New Zealand Mäori Tourism Council and Eco Tourism New Zealand.

       Mr Doherty stated that they had established an effective organisation and were co-
       operating with iwi, government agencies and were looking to support tourism
       operators to grow their businesses and develop new products which would be
       marketed both domestically and internationally.

       Mr Doherty asked the Council to continue with the sealing of Ruatahuna Road as this
       was key infrastructure that impeded growth and development of tourism as well as
       economic development generally. He advised that Te Urewera Rainforest Route Inc
       had written to the Prime Minister and the Minister of Tourism asking for the road to
       be reinstated as SH38 and that a separate strategy be developed to get the road
       sealed by 2015.

       Mr Doherty advised that he did not support the closure of the Murupara Service
       Centre. . He stated that the closure would be a loss in terms of jobs and services.
       He stated that Te Urewera Rainforest Route Inc saw Murupara as the western
       gateway to Te Urewera and the town and the closure would add to an already
       depressing picture of empty businesses and run down appearance of the town.

       Mr Doherty stated that there was a strong anti-Council sentiment in the community
       which would be made worse by the closure of the Murupara Service Centre. He
       stated that the alienation of the community was not desirable and would not address
       the economic disparities and improve the quality of life in the region.

       Mr Doherty was asked if he had received a reply from the Prime Minister in regard to
       the reversal of the state highway status and he stated that they had received an
       acknowledgement letter and the matter had been handed over to the Associate
       Minister for action. He stated that they would be meeting on 9 July 2009 to examine
       their next tactic.



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       In response to questioning as to whether the new businesses were iwi based or
       private companies, Mr Doherty stated they were all private companies. He stated
       that the key incentive in forming Te Urewera Rainforest Route Inc was to have a
       comprehensive plan to promote and market the entire region and the ability to attend
       international trade shows and TRENZ.

2.127 Brigid Kawe: 852

       Refer to pages 3997-4001 of the agenda and tabled document 4001A-AE.

       Ms Kawe read her tabled submission (refer to tabled document 4001A-AE).

2.128 Simon Akroyd, Ohope Beach Primary School: 820

       Refer to pages 4647-4653 of the agenda and tabled submission 4653A-B.

       Mr Akroyd, Principal, Ohope Beach Primary School spoke to his tabled submission
       (refer to tabled document 4653A-B) and stated that the school pool would only last
       for a further 5-7 years. The pool was 40 years old and a survey showed that the pool
       was gradually sinking and had cracks in it and water was lost regularly. He stated
       that they were undertaking their own consultation within the school as to the options
       available to replace the pool. He stated after consultation had been undertaken the
       school would be in a better position to look at various options such as whether they
       built a school pool or worked in partnership with the Council to build a community
       pool.

       In response to questioning he advised that the Ministry of Education did not fund
       school pools rather they stated that the school needed to develop their own
       curriculum based on the needs and wants of their community. He stated that given
       their location and the high rates of drowning the school believed that they must
       continue to teach swimming to all children. He stated that travelling to the town pool
       was not an option due to loss of learning time and the cost.

       Mr Akroyd stated that the irony was they lived so close to the beach however they
       could not teach children swimming schools in the ocean.

       Mr Akroyd was asked what exactly he was looking for from the Council and he stated
       that they were putting this issue on the radar for the Council and the reality was they
       would need a joint venture with the Council if a community pool was to work
       successfully.

2.129 Megan Cleverly, Surf Lifesaving BOP: 23

       Refer to pages 4654-4657 of the agenda.

       Ms Cleverly spoke on behalf of the Surf Lifesaving BOP and thanked the Council for
       their support. She asked that the Council consider a three year agreement with Surf
       Lifesaving BOP for life saving services at Ohope Surf Lifesaving Club, the Ohope
       Camping Ground and Thornton.

       She also asked the Council to recognise the resources of the Surf Lifesaving Clubs
       as a partner in emergency services and gave the example of the Maketu boat rescue
       when guards from over the eastern Bay of Plenty joined in the search.


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       Ms Cleverly concurred with Mr Akroyd that they needed to teach children to swim in
       the pool before they went into the sea.

       The tables were unable to be read due to photocopying. Staff were asked to supply
       Councillors with an improved readable copy of the submission.

2.130 Marcus Baker: 772

       Refer to pages 4146-4150 of the agenda.

       Mr Baker stated that the pensioner housing activity was not a daily expense to the
       Council. He believed that the Council should look at reducing waste by 45% and he
       agreed with the recovery park and the composting solution. He stated that the
       householder would understand the system and he believed they needed to be
       actively engaged with these issues to reduce residual waste.

       Mr Baker believed that there was potential energy from waste and this needed to be
       addressed as a sub-regional or regional project.
       In response to questioning as to whether he had experience in the use of incineration
       he stated that he had not but he had worked for Bristol City Council and he
       understood that there was lots of potential for technology to find a suitable solution.
       He would rather the Council went for this option than bury waste in a hole.

       Capacity com –householder understand system, reduce waste – to expert people
       willing to be engaged with these issues rather than against

2.131 Steve Bushby: Brookfield Multiplex: 904

       Refer to pages 133-136 of the agenda.

       Mr Busby stated that he was concerned with the introduction of SUIPs as proposed
       by the Council. He stated that the current capital value rates system combined with
       high value retail properties meant that the allocation of rates was already stacked
       towards retail and commercial properties and any additional costs would be hard.

       Mr Bushby asked the Council to understand what they were doing and he wanted
       more thought put into looking after retailers during these hard times. He asked the
       Council to consider the viability of the retailers and he stated it was within the town’s
       interest that the retailers did well and provided employment.

2.132 Barry Marshall: 941

       Refer to pages 4151-4152 of the agenda and tabled document 4152A-F.

       Mr Marshall read his tabled submission (refer to tabled document 4152A-F).

2.133 Tuwhakairiora O’Brien: 56

       Refer to pages 4153-4160 of the agenda.

       Mr O’Brien stated that this was the first time he had made a submission and he was
       advocating Mäori people to get more involved in Council processes.



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       Mr O’Brien stated that he opposed the abolishing of the community boards. He
       believed that centralising power would not result in better decision making and that
       power should remain decentralised.

       Mr O’Brien stated that he opposed the building of a new multi-sports centre. He
       stated that there were existing sports facilities available in the district and people
       needed to utilise what was there already.

       Mr O’Brien stated he was indifferent to the selling of community halls as the people
       who used the halls were the best ones to comment. He noted that the Mäori
       community generally used marae for community events and were therefore less likely
       to be affected. He asked that the Council consider the land go back to iwi if it had
       been acquired from iwi.

       Mr O’Brien stated that he was opposed to the sale of Council reserves. He stated
       that these reserves were purchased or acquired for a purpose and selling the land
       would cause deep district in the Council’s ability to maintain land for the communities
       needs. He also asked if the Council would consider returning the land to iwi.

       Mr O’Brien stated that selling assets was a short term fix and the Council needed to
       consider the long term sustainability of the community. He stated that the Council
       would have nothing to sell in the future. He asked that the Council consider re-
       establishing in-house infrastructure services rather than paying consultants.

       Mr O’Brien stated that he supported in part a representation review provided that
       Mäori would be represented. He stated that Mäori made up 40% of the district and
       the Council needed to pro-actively promote Mäori councillors. He referred to
       Environment Bay of Plenty as an example where Mäori seats showed Mäori
       councillors brought value to council processes.

       Mr O’Brien stated that he opposed the reduction of two positions to one in community
       development with a focus on securing external funding for community development
       projects. He asked what would happen to the Iwi Liaison position which he believed
       was important to support the Iwi Liaison Committee and as a conduit for iwi to council
       staff and business. He stated that the Council needed a person who spoke Te Reo
       articulately and knows the protocols. He stated that a new position would need to be
       develope3d that would help facilitate and integrate Mäori values into council
       processes.

       Mr O’Brien asked how the Council intended to provide tools to the Iwi Liaison
       Committee members so that they can understand Council responsibilities and
       processes and therefore contribute effectively to Council business. He believed that
       membership of the Iwi Liaison Committee should be carefully selected based on
       skills and knowledge of Council business. He believed that the Iwi Liaison
       Committee must be adequately resourced.

       Mr O’Brien stated that he was opposed to the closing of the Murupara Service
       Centre. He asked the Council if they had engaged with Ngäti Whare and Ngäti
       Manawa as they were tangata whenua of the area and also in the process of settling
       their Treaty claims. He stated that any decisions directly impacting on these two iwi
       groups would have required extensive engagement with them. He asked the Council
       to talk to the iwi and see where there maybe opportunities for collaboration and
       support. He stated that these iwi will be receiving settlement in the near future and
       may be able to contribute to community well being.
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       Mr O’Brien stated that he opposed the rate increase for the Murupara community as
       they were a decile 10 region in the deprivation index and rates increases of 20%
       could not be justified.

       Mr O’Brien commended the Council for the presentation in the Byways which he
       stated was informative and easy to comprehend. He stated that the Council had
       been upfront and transparent even if the messages were challenging.

       In response to questioning as to how he would appoint members to the Iwi Liaison
       Committee Mr O’Brien stated that he would have a set of skills and parameters by
       which the Council analysed persons applying to be members of the Iwi Liaison
       Committee.

2.134 John Selby: 1035

       Refer to pages 4161-4165 of the agenda.

       Mr Selby stated that he objected to the proposed sale of the pensioner housing as he
       believed that the flats were not just about accommodation but they were communities
       with common interests and circumstances and people felt safe in that environment.

       Mr Selby stated that if the Council did sell the pensioner housing they could not
       protect the ongoing interests of the tenants. He stated that while the Council could
       argue that they would carefully choose who they sold the flats to the sale contract
       was really nonsense and the issues were too complex to be able to protect all the
       tenants interests and would be unenforceable in the long term. He stated that once
       sold the pensioners would be subject to the policies of the purchaser and the Council
       would have no further practical influence in the matter. He gave the example of the
       Mary Shapley Home which was established with community input and was now
       owned by a British company and run as part of an international group.

       Mr Selby stated that he objected to the reduction in the number of Councillors and
       the proposal to scrap the community boards. He believed that the Council did not
       seem to respect community boards and he asked that they be given work to do in
       order to be more useful. He stated that the Council does not have the mandate from
       the people to abolish community boards and reduce councillors. He stated that no
       one stood on this ticket when they were elected. Mr Selby stated that if the Council
       was convinced there was a problem with community boards they needed to explain
       what was wrong and outlined options and let people vote on what they wanted. He
       stated that what the Council was doing was not democratic.

       Mr Selby believed that the Council needed to have an independent review of the
       Council’s operations and that these findings be reported back to the Council. He
       stated that any large organisation suffered from its own inertia to be wasteful and
       less efficient. He stated that people were too busy with the day to day stuff to
       undertake any self examination. He believed an external review and monitoring
       would be the trigger for better service and better value for money.

       Mr Selby stated that as an example of this was the closure of the landfill and the cost
       this was having on ratepayers which he stated should have been foreseen a decade
       ago and a plan put in place to deal with it so that it would not be a sudden large
       shock to the ratepayers.


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       Another example was the failure of the Council to implement a civil defence tsunami
       warning system for coastal areas since the Boxing Day tsunami in 2006.

2.135 John Hesseling, Ross Overington Surveyors Ltd: 213

       Refer to pages 4781-4785 of the agenda and tabled submission

       Mr Hesseling read his tabled submission (refer to tabled document 4785A-B

       Mr Hesseling asked that the subdivision fee deposit for a 1-20 lot subdivision remain
       at $750 and not be increased to $2,000 as proposed in the fees and charges
       schedule.

       Mr Hesseling also spoke about household trends and stated that it was important that
       the Council rezones land to allow expansion of the urban area.

2.136 Youth Council, John Hauwaho, Courtney Smith, Charlotte Adam, Tara
      McAllister: 223

       Refer to pages 2396-2401 of the agenda.

       John Hauwaho spoke to the submission on behalf of the Youth Council. He stated
       that the Youth Council believes the Murupara Service Centre should remain open but
       suggested that the hours could be reduced to 11 am to 4 pm to give students the
       ability to use the library after school. This way the Council would be able to save
       some money.

       Mr Hauwaho stated that the Youth Council funding of $3,000 was proposed to be
       reduced and he asked what was the point of having a Youth Policy if the Council did
       not support the Youth Council. He stated that this sent a poor message to the
       community that the Council was not backing its Youth Policy and he asked the
       Council to consider what message this was sending to the youth of the district.
       He felt that the Council underestimated what the Youth Council could do with a small
       amount of money. He stated that mainly it was used for seed money for events such
       as the Crump Off which recouped the money.

       Mr Hauwaho stated that young people make a huge positive contribution to the
       community. For example he stated that the members of the Youth Council were
       involved with the successful Christmas in the Park.

       He believed that the Council needed to be in partnership to grow their contribution to
       enable a strong youth culture and he believed there needed to be more focus on
       youth. He asked how the Council would function without money.

       Mr Hauwaho stated the Youth Council had undertaken surveys in the schools and
       asked a sample of students (about 10% each school) about the Youth Centre. He
       stated that the results of the survey showed 90% of youth did not know where the
       Youth Centre was in Whakatane and most thought it was associated with churches.

       When asked what they would use a Youth Centre for 80% said it could be used as a
       place to study and meet friends, 86% said they would use it as a place to get advice
       from a Counsellor is someone was available, 96% said they would see it as a safe
       and vibrant place and 94% said they would use it twice a week.


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2009, 2 JULY 2009 –


       Mr Hauwaho asked the Council to look at employing a Youth Co-ordinator to look
       after the Youth Centre and organise youth events. He stated that this would have a
       positive impact on the community and the possibilities were endless.

       Mr Hauwaho stated that the youth were underestimated and the Council need to
       understand that the Youth Council can provide a vibrant, can do attitude and they
       believed that bridging the age gap can only be positive.

       Mr Hauwaho congratulated the Council on holding the public meeting regarding
       bridge jumping and it was well attended by young people. He understood the
       upgrades been undertaken to the Warren Cole walkway and asked when those
       would be implemented.

       Mr Hauwaho stated that the Youth Council supported the multi-sports complex which
       would cater for increased demand which cannot be met by current facilities and
       would attract events such as netball and basketball games to the district.

       Mr Hauwaho congratulated the Council on reinstating funding for the school holiday
       programme which was an integral part of the community and had an impact on a
       wide range of people.

       Mr Hauwaho stated the Youth Council was passionate that they did not support the
       reduction in councillor numbers or the reduction in the number of wards or the
       abolishment of the community boards proposed by the Council. He stated that the
       district was unique in its area and peoples with their own story, history and purpose.
       He stated it was important to ensure that all those people were heard and that they
       valued each other. He stated that by removing the status quo the Councillors would
       not allow this to happen. He stated that they understood it was expensive to
       maintain democracy but that was a choice we made, to live in a democracy.

       In response to questioning regarding the survey, Mr Hauwaho advised that each of
       the Youth Councillors undertook the survey in their own school.

       When asked if he believed the Youth Council would be involved in supporting the day
       to day running of the Youth Centre is given the opportunity, Mr Hauwaho stated that
       yes, if given the opportunity they would like to be involved and they also did see it as
       a drop-in type centre.

       In response to questioning as to how the Youth Centre was currently used now, Mr
       Hauwaho stated that he understood it was not open all the time as it was not
       resourced every day and was run on a volunteer basis and was not used that often.

2.137 Julia Stevenson-Renwick and Rogan Hales: 842

       Refer to pages 4756-4759 of the agenda and tabled document 4759A-B.

       Ms Stevenson-Renwick read the tabled submission in relation to a youth survey she
       had undertaken at the Whakatane Intermediate (refer to tabled document 4759A-B).
       She asked that the Council provide a centre for young people to hang out in.

       Ms Stevenson-Renwick stated that she was interested to hear there was a Youth
       Centre as all the students she spoke to did not know of one. She believed a Youth
       Centre needed to be located in the Kopeopeo area.


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2009, 2 JULY 2009 –


2.138 Tony Bullard, Whakatane District Council Employee’s Association (WDCEA):

       Refer to pages 4635-4642 of the agenda and tabled document 4642A-B.

       Mr Bullard read his tabled submission (refer to tabled document 4642A-B). He stated
       that he was presenting the submission on behalf of the staff of the Whakatane
       District Council who belonged to the WDCEA (approximately 85% of staff were
       members). He referred to the WDCEA’s objectives which he had appended to the
       submission. He noted that staff, union and the Chief Executive had been developing
       positive relationships for some time. He stated that staff, like councillors, were
       concerned about costs. He stated that as shown in submissions, the community
       wants the Council to provide a range of services and want the Council to do more
       than just roads, rubbish and reticulation. He stated that the secret was to provide
       services that are value for money and that this value was known and recognised.

       Mr Bullard stated that once the Council started cutting services the Council would
       begin a downward spiral and he cautioned about beginning this cycle. Mr Bullard
       stated that the challenge for the Council and staff was to provide high quality services
       in a more efficient manner. He stated that the WDCEA were suggesting an approach
       such as the “Lean Thinking” project which involved a joint union/management
       initiative with staff working at the coal face of service delivery looking at obtaining
       efficiencies and improvements. He stated that these types of gains would not be
       achieved using expensive consultants or by outsourcing and he stated that there
       would be considerable gains to be made by bringing back in house some of the
       Council’s existing services which the Council was proposing in 2009/10 for
       engineering services.

       Mr Bullard stated that staff, unions and management were working together to create
       projects of benefit to the Council with the support from the Department of Labour’s
       Partnership Resource Centre (PRC) and he asked that the Council continue to
       support this forum by ensuring the Chief Executive has the resources to foster it. Mr
       Bullard stated that a high performing efficient Council delivering high quality services
       that the community wants needs a huge commitment from staff. He stated that the
       Chief Executive will struggle getting that commitment if there is no commitment from
       elected members to staff. He stated that cutting services and positions and pre-
       empting contract negotiations by making no provisions for annual salary increases
       does little to improve staff commitment. He asked that the Council give the Chief
       Executive, the union and staff the opportunity to work together to find ways to deliver
       what the community wants and can afford. He asked that the Council review its
       proposal for staff salaries and to reduce services and positions in Murupara and
       Community Development.

       Mr Bullard clarified that the WDCEA was an incorporated society, registered with the
       Department of Labour as a union. He stated that all the work was done in-house by
       staff from different departments who communicated with the members. He advised
       that they met every three months with the Chief Executive to raise issues and more
       recently have been formalising a partnership and framework. He advised that the
       collective contract expires at the end of June 2009 and the PRC were providing
       training on an alternative model of conducting negotiations called an “interest” or
       “problem” solving approach.

2.139 Late submissions

       Refer to tabled document 4797A-AF.
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2009, 2 JULY 2009 –



       RESOLVED:

       THAT the Late submissions from the following persons be considered by the Council:

          Margaret Martin
          Paul Major
          Ron Averes
          Lisa Duff
          Susanne Giessen-Prinz
          Mark and Carmen Meikle
          Jack Hourigan
          Andrew Scott
          Van Beek Family Trust
          Linda Tutua on behalf of mokopunas at Allandale school

       Jarrett/Bonne                                                         CARRIED


THE MEETING ADJOURNED AT 4:15 PM AND RESUMED AT 3:00 PM ON MONDAY, 22
JUNE 2009 IN THE COUNCIL CHAMBERS, CIVIC CENTRE, COMMERCE STREET,
WHAKATANE


PRESENT:               His Worship the Mayor C G H Holmes Deputy Mayor G I Hanlen,
                       Councillors A A Bonne, E R Byrne, C Chambers, W B Clark,
                       S Jarrett, G V Johnston, I J Shearer, R N Orr and J Te Kurapa

IN ATTENDANCE:         D A Turner (Chief Executive), D C Bewley (Director Environment and
                       Policy), H Read (Director Works and Services), D Gatland (Director
                       Corporate Services), C B Hair (Administration Officer Policy) and
                       H J Storey (Administration Officer Community)


2.140 Brian Carter: Awakeri War Memorial Hall: 924

       Refer to pages 1085-1099 of the agenda.

       Mr Carter spoke on behalf of the Awakeri War Memorial Hall users. He stated that
       his grandfather fought in World War I and his father in World War II. He stated that
       war memorials were especially sacrosanct and desecration was not an option. He
       read out the submission on page 1085 and requested that the Council retain the
       status of the Awakeri War Memorial Hall.

       Mr Carter clarified that the petition with signatures were associated with this
       submission.

2.141 Ray Hayward: Otamarakau Hall Committee 111

       Refer to pages 1119-1120 of the agenda.

       Mr Hayward stated that the Otamarakau Hall Committee received a grant of $1000
       each year towards the upkeep of the hall and they were concerned that they may
       lose this grant.
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2009, 2 JULY 2009 –


       Mr Hayward explained that the Otamarakau Hall was in the Western Bay of Plenty
       district by one kilometre and served 50/50 the people from within both the
       Whakatane District Council and Western Bay of Plenty districts. He stated that the
       hall was the only one owned and operated by a Settlers Association. They owned
       their own land, hall and local playcentre. He stated that it was difficult to get
       volunteers to assist with the work and they relied on a small hardworking committee
       to operate. He stated that they relied on the annual grant from the Council and
       fundraised to cover other costs. He requested that the Council think about their
       situation when discussing rural halls. He noted that while they were at the other end
       of the Whakatane District Council boundary this hall was the centre of their
       community and he asked that it continue to receive the annual grant.

2.142 Bryce Bartley, Paradise Court Ltd: 878
       Refer to pages 121-125 of the agenda.
       Mr Bartley stated that he represented the shareholders of Paradise Court, Ohope. He
       stated that he believed the administration of the SUIPs would be expensive for the
       Council and as there would be no increased income from the proposal it did not
       make sense to have an increase in administration costs.

       Mr Bartley stated that the situation in Paradise Court was that it was one company
       with shareholders. He stated that the essence of a rating system was fairness and
       he stated that the Chief Financial Officer had written to them asking how many SUIPs
       they would have and in the worst case figure their rates would increase by 40% from
       $5,000 to $7,000 which was a huge increase in one year.

       Mr Bartley stated that the Council would need to have some judgement about which
       properties to charge the SUIP to and he suggested that the Council consider the
       example of the Far North District Council which allows people to apply for a waiver.

2.143 Trish Fordyce, Kaingaroa Timberlands: 610
       Refer to pages 415-419 of the agenda and tabled document 419 A-V.
       Ms Fordyce spoke on behalf of Kaingaroa Timberlands (KT) and read her tabled
       submission (refer to tabled document 419A-V) and stated that any targeted rate for
       roading should recognise the unique situation of Kaingaroa Forest and a differential
       should be considered for the Tarawera Forest Land and the main block of Kaingaroa
       Forest.

       She stated that KT was carting just 3% of timber on district council roads and she
       stated that in the last 12 months the percentage travelling over Whakatane District
       Council roads was just over 1%. She stated that 19% was carted on State Highways
       and the balance was on their own off highway routes (OHR) connecting to Taupo
       mills in the south and Kawerau mills in the north and by rail (siding at Murupara and a
       centralised log processing yard). She stated that KT was not an exacerbator. She
       stated that the targeted rate means that for a number of forestry rating units, the
       rates would double and this was compounded by the fact that the Council had not yet
       dealt with outstanding rating objections.

       Ms Fordyce referred to the map of forest owners on tabled document 419G and
       stated that other forest companies do use their off highway routes and that KT and
       Tiaki Plantations Company Ltd (which controls Tarawera Forest roads) have an
       arrangement whereby their forest products may travel over their respective parts of
       the OHR for a maintenance fee.
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       She stated that Goudies Road would be closed to the public from 1 July 2009 and
       she noted that they had received a letter from Whakatane District Council asking for
       a meeting which no doubt would be arranged in the future.

       Ms Fordyce outlined the history of the dump site at Minginui and asked that the
       Council bring forward their plans to develop a transfer station at Minginui. She stated
       that the dump was a major fire hazard in summer and they wanted it closed however
       the dump could not be closed until the transfer station was built.

       Ms Fordyce clarified the position in regard to settling rating objections and stated that
       she was not laying blame but rather asking for it to be sorted.

2.144 Wayne Checkley, Plains Water Supply Special Committee: 447

       Refer to pages 2450-2479 of the agenda.

       Mr Checkley spoke on behalf of the Plains Water Supply Special Committee and
       stated that the capital expenditure for the Plains water scheme was totally dependent
       on funding from central government being received as the costs were outside the
       realms of the community.

       Mr Checkley explained the daily entitlements for the scheme, while they looked odd
       in metric terms actually, related to the old imperial measurement of 300 gallons per
       acre.

       Mr Checkley explained the changes to the fees and charges schedule which the
       Plains Water Supply Special Committee were requesting. He advised that since the
       submission was written staff had undertaken further work on the boundaries of the
       Awakeri extension area and it had become apparent that there were only about 50
       houses that could be connected to the Awakeri extension scheme. He stated that
       there was a need for those people joining the Awakeri extension to contribute to the
       loan balances outstanding in that scheme. He stated that he therefore wished the
       description of connection to be amended to reflect the changes he had outlined
       above.

       In response to questioning Mr Checkley clarified that the Plains Water Supply Special
       Committee had recommended that the sum of $35,000 being the Whakatane District
       Council contribution to the Rangitaiki Plains Community Irrigation Strategy be funded
       by the Plains Water Scheme as they believed it would be a valuable study and were
       prepared to pay to facilitate the strategy being undertaken.

2.145 Bruce Jenkins, Senior Sergeant, Whakatane Police: 70

       Refer to pages 3965-3968 of the agenda and tabled submission 3968A-B.

       Senior Sergeant Bruce Jenkins read his tabled submission on behalf of the
       Whakatane Police (refer to tabled document 3968A-B) and opposed the reduction in
       the amalgamation of the Safer Community Co-ordinator and Iwi Liaison role into one
       full time position. He asked that the Council support the Safer Community Co-
       ordinator position.




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2009, 2 JULY 2009 –



2.146 Linda Conning, Eastern Bay of Plenty Branch of the Royal Forest and Bird
      Protection Society Inc: 625

       Refer to pages 2618-2622 of the agenda and tabled document 2622A-G.

       Ms Conning read her tabled submission on behalf of Eastern Bay of Plenty Branch of
       the Royal Forest and Bird Protection Society Inc (refer to tabled document 2622A-G)
       in relation to sustainability, the enforcement of bylaws, especially vehicles on
       beaches bylaw and the strategic use of community property.

       Ms Conning drew attention to the map of Waiewe Street walkway and asked that the
       Council reconsider the sale of reserves and make positive use of them such as a
       walkway through the Waiewe Drainage reserve.

2.147 David Kyle and Luke Ruiterman, Taneatua Community Board: 74

       Refer to pages 460-498 of the agenda.

       Mr Kyle referred to the 426 signature petition which opposed the abolition of
       community boards, the reduction of councillors to eight and the reduction of wards
       from four to two. He stated that this represented 22% of the population or 52% of
       those who usually vote in the elections.

       Mr Kyle read the Taneatua Community Board’s submission in regard to rating, the
       sale of assets, the Arts and Culture Centre, town vision, aquatic centre and the
       harbour endowment fund.

       The Board opposes the closure of the Murupara Service Centre, the sale of rural
       halls and the sale of pensioner housing. The Board requests that toilets be built on
       Mitchell Park in Taneatua and a permanent toilet be built at the Wardlaw Glade.

2.148 Christine Bowering and Josie Howell Ohope Beach Community Board: 59

       Refer to pages 4728-4730 of the agenda.

       Ms Bowering spoke on behalf of the Ohope Beach Community Board and stated that
       they were seeking the status quo to be retained in regard to Community Boards. She
       believed that the quoted savings of $500,000 was not substantiated. She stated that
       if they wanted to save money they should remove the discretionary funds which the
       boards were allocated. She stated that ratepayer associations would not lead to
       better decision making as they were voluntary based and not often representative of
       the community. Additionally the Council had no legal requirement to consult with
       them.

       Ms Bowering requested that the UAC for roading be increased from $50 to $150 as
       for a large number of high capital value properties in Ohope half of their rates were
       taken up with the district wide roading rate. Alternatively the Council could abolish the
       district wide roading rate.

       Ms Bowering stated that the Board opposed the amalgamation of the Ohope and
       Whakatane water supplies. She stated that the phase “catch up” was emotive term
       and seemed to imply blame.


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2009, 2 JULY 2009 –


       She advised that the Board opposed the selling of Council reserves and stated that
       the proceeds would be a drop in the bucket and the Board would prefer to see more
       debt taken on over the next 10 years.

       She advised that the Board did not support the sale of pensioner housing and
       believed that they provision of pensioner housing was part of a desired community
       outcome. She stated that the wealth of a community could be measured in how well
       people cared for and accommodated the vulnerable members of their society.

       Ms Bowering asked that the reserve opposite the Port Ohope Wharf be set aside for
       the elderly because without provision for retirement complexes we would lose elderly
       people from the district who had a connection to their community.

       Ms Bowering stated that they opposed the sale of the tennis courts at Otarawairere
       and asked that the Arts and Culture Centre be deferred for a minimum of three years.

       Ms Bowering asked for provision to remedy the issues relating to the discharge of
       stormwater onto Ohope Beach and asked specifically for $50,000 to be included in
       the budge to provide protection repair work on the western side of the Maraetotara
       Stream outlet in 2009/10.

       Ms Bowering asked for the undergrounding of power lines along Pohutukawa Avenue
       for both amenity and road safety reasons.

       Ms Bowering stated that the Board opposed the review of the use of the harbour
       endowment funds and did not support the introduction of the Town Vision Advisory
       Board being made up from outside personnel. She also asked for suitable land in
       central Ohope for the construction of tennis courts.

2.149 Neville Delahunty, Whakatane Community Board: 279

       Refer to pages 4166-4170 of the agenda.

       Mr Delahunty on behalf of the Whakatane Community Board stated that in regard to
       representation they believed that community boards needed to be supported. He
       stated that ratepayer associations were not democratically elected and did not
       represent the community. The Board wished to continue with six elected board
       members and one appointed Councillor. Mr Delahunty believed there was a
       discrepancy in the costs of the community boards and he questioned the overall
       saving of $500,000.

       Mr Delahunty asked that the discretionary funds remain.

       Mr Delahunty stated the Board opposed the selling off of the Hurinui Avenue reserve
       and were against the plans to remove the position of the Safer Community
       Co-ordinator and the review of the harbour endowment fund. He asked the Council to
       review the 14 year harbour lease timeframes as commercial practice was generally
       three years and this would suit the businesses on The Strand. Mr Delahunty stated
       that they opposed the sale of pensioner housing but supported a rental review.

       Mr Delahunty stated that they supported the amendments to the boundaries between
       the Whakatane Community Board and the Ohope Beach Community Board and the
       Whakatane Community Board and the Edgecumbe-Tarawera Community Board as
       they seemed sensible.
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2009, 2 JULY 2009 –



2.150 Jeannette Arnold, Oasis Centre for Problem Gambling: 876

       Refer to pages 4704-4711 of the agenda and tabled document 4711A-O.

       Ms Arnold read her tabled submission (refer to tabled document 4711A-O).

       In response to questioning Ms Arnold stated that approximately one-third of the
       proceeds from the pokie machines were supposed to come back to the community
       however she was not sure how good the tracking mechanisms were to confirm this
       figure.

       Attendance

       The Administration Officer - Policy left and the Administration Officer Community
       joined the meeting at 4:45 pm.

2.151 Pouroto Ngaropo, Iwi Liaison Committee: 824

       Refer to pages 4184-4205 of the agenda and tabled document 4205A-D.

       Mr Ngaropo read the tabled submission on behalf of the Iwi Liaison Committee
       4205A-D) in regard to:

          The Iwi Liaison Committee
          Reducing community development
          District Plan review
          SUIPs
          Representation Review
          Closure Murupara Service Centre
          Pensioner housing/Divestment of properties
          Harbour Endowment Fund
          Arts and Culture Centre
          Whakatane Aquatic Centre
          Closure Burma Road landfill
          Request for a Memorial to Te Hau Tutua

2.152 Bronwen Foxx, Disabilities Resource Centre Trust (DRCT) : 1022

       Refer to pages 4774-4780 of the agenda.

       Ms Foxx spoke to the submission on behalf of the DRCT and stated that they would
       be celebrating their 21st birthday this year. She stated that they employed 180
       people and by 2010 they would be employing 200 people and the numbers were
       increasing all the time due to the growth of the “silver population”.

       Ms Foxx stated that they wanted to own the land under their building as any form of
       redevelopment of the site would require a mortgage to be raised on the land. She
       requested that the Council either gift the land or sell it at a nominal price. She stated
       that they had received tremendous support from the Council and wanted to see this
       continue.



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2009, 2 JULY 2009 –



2.153 Steve Pickles – Central Bay Hockey Charitable Trust: 628

       Refer to pages 4662-4678 of the agenda.

       Mr Pickles spoke on behalf of the Central Bay Hockey Charitable Trust (Central Bay
       Hockey) and stated that they were seeking support of $250,000 towards the cost of
       $450,000 for the replacement of the hockey turf in Year 6 or 7 of the LTCCP. He
       requested that the carpark be extended to the east to cope with the use by other
       codes of Warren Park.

       Mr Pickles asked that the Council waive the current annual ground rental of $900 per
       annum as the Central Bay Hockey had reduced the mowing and maintenance on
       Warren Park. He also requested that the Council maintain the large trees within the
       fenced facility as these were too large for them to deal with on their own.

       Mr Pickles stated that the pavilion toilets which can be accessed by other Warren
       Park users be cleaned regularly by the Council. He stated that approximately 1000
       people a week were using the facility (including the public) and he asked that the
       Council does recognise the facility and take on some of the burden.

       In response to questioning as to whether they had a statement of financial position or
       budget Mr Pickles stated that the would follow up with this information.

2.154 Brian Phipps: 91

       Refer to pages 2652-2659 of the agenda.

       Mr Phipps stated that residential growth will import wealth and spending power into
       the district. He stated that if land was made available new residents would come. Mr
       Phipps stated that it was erroneous to base the Council’s future requirements for land
       on the statistics available which showed minimal population growth. He stated that
       there were no major new industries in the short or medium term setting up in the
       district. He asked the Council to make a decision on the growth of residential areas
       in Whakatane and Ohope. He believed there were hundred of hectares of very
       suitable land to the north-western outskirts of Whakatane that were reasonably flat
       and easy to develop and not of high value for agricultural production. He asked the
       Council to commission a demographic study to investigate if such growth would be of
       financial benefit to the district.

2.155 Ron Averes: LS 7

       Refer to late submission No. 7 and tabled document LS 7A-B.

       Mr Averes read his tabled submission (refer to tabled document LS 7A-B).

2.156 Liz Walker: 83

       Refer to pages 1509-1512 of the agenda and tabled document 1512A-C.

       Ms Walker read her tabled submission (refer to tabled document 1512A-C).




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       Ms Walker stated that community boards understood their community whereas she
       believed ratepayer associations did not and the community voice would be lost if
       community boards were abolished.

       Ms Walker stated that eight councillors would leave the Council in real danger of not
       understanding their community and have a “we know what’s best for you” type
       mentality.

       Ms Walker stated that she opposed the sale of pensioner housing and believed we
       needed to look after one another.

2.157 Gerard Casey – Kiwi Bach and Holiday Homes – Charmaine Hands owner: 1066

       Refer to pages 253-256 of the agenda.

       Mr Casey spoke on behalf of his wife Janet Casey who operated Kiwi Back and
       Holiday Homes. He stated that the introduction of SUIPs had the potential to
       penalise a number of holiday home owners. He stated that approximately 20% of the
       holiday homes and baches would be affected by this and he believed it would be
       devasting to the owners. He believed this would lead to the number of visitors
       declining.

2.158 Gerard Casey, Eastern Bay of Plenty Chamber of Commerce: 642
       Refer to pages 1141-1146 of the agenda.

       Mr Casey spoke on behalf of the Eastern Bay of Plenty Chamber of Commerce and
       stated they had 170 members representing 2,000 people within the Eastern Bay of
       Plenty region.

       Mr Casey stated that the Chamber supports the economic development of the district
       and they believed the best beaches, best fishing and high sunshine hours combined
       as a powerful attraction for people to live in the Eastern Bay. However the Council
       was predicting 1% growth in population. Mr Casey asked the Council to consider
       succession plans and needed to look for future leaders such as the Youth Council.
       He stated that the Council needed to make young people stay and look at what can
       be done to bring them back to the district.

       Mr Casey asked the Council to leave the harbour fund where it was and that the
       Council use the funds to fix the harbour entrance. He stated that the Chamber did
       not want to lose businesses from Whakatane because of it.

       Mr Casey asked that the town vision involve the Chamber and he requested that the
       Council not spend money on outside consultants but could do it for substantially less
       with locals. He believed there would be far better information available from local
       persons.

       Mr Casey asked that the Arts and Culture Centre be placed on hold until further
       consultation was undertaken with Ngati Awa.

       Mr Casey stated that as a landlord the Council had the ability to provide a cushion for
       businesses that are currently finding trading conditions difficult and he stated that by
       deferring rents on harbour endowment land for businesses that can demonstrate
       hardship the Council would be sending a strong signal to the community about its
       commitment to the town and its willingness to assist businesses.
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       Mr Casey asked for Council support for the Chamber as well as Toi EDA. He stated
       that they had come up with a number of initiatives including Top Town, new TV
       programme hosting, broadband, economic luncheon with key speakers. He stated
       that they had a number of big ideas projects about to be released to make the region
       as a whole much better. He stated that next year the Chamber would be taking a
       delegation to India. He asked that the Council look at including the Chamber as part
       of the solution and that they work alongside each other to make the town a better
       place to be.

2.159 Karen Baldey: 64

       Refer to pages 2347-2350 of the Order Paper.

       Ms Baldey stated that the pedestrian crossing on Commerce St by the Countdown
       supermarket was dangerous to cross and the children stood in the concrete
       separation with traffic going past and not slowing down. She asked the Council to
       look at this crossing as she believed it was unsafe.

       Ms Baldey stated that she believed it was common sense to bring back buildings on
       The Strand that were empty for use as libraries and museums and galleries. She did
       not believe that tax payer monies would be well spent on a new building.

2.160 Linda Hudson: 1087

       Refer to pages 19-20 of the agenda and tabled document 20A-E.

       Ms Hudson read her tabled submission (refer to tabled document 20A-E).

2.161 Katherine Craig: 811

       Refer to pages 151-155 of the Order Paper.

       Ms Craig stated that she had a small unit on the roadside of her property on
       Pohutukawa Avenue which she rented out casually to visitors, friends and family.
       She stated that the introduction of a SUIP would impose an extra $825 in rates per
       annum and her rates were already over $3,500. Ms Craig strongly opposed the
       introduction of the SUIPs and believed that it had been put through with huge haste.
       She believed that the Council had failed to consult and she was left with a sense of
       unfairness about the process and the introduction of SUIPs.

2.162 Jeremy Gardiner - Te Runanga o Ngäti Awa: 1088

       Refer to pages 4173-4179 of the agenda.

       Mr Gardiner spoke on behalf of Te Runanga o Ngäti Awa and stated that Mäori
       made up 42% of the district’s population and Ngati Awa comprised 10% of the
       resident population. He stated that approximately 15,000 people at the 2006 census
       had a primary affiliation to Ngati Awa.

       Mr Gardiner stated that Te Runanga o Ngäti Awa and Te Whare Wananga O
       Awanuiarangi were proposing to spend $15 million on projects within the next 12-24
       months.


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2009, 2 JULY 2009 –


       Mr Gardiner stated that Ngati Awa was not the answer to those submitters seeking
       the Council place the library and museum at their Mataatua Wharenui development.

       Mr Gardiner stated that the demographics of Ngati Awa showed a median age of 22
       years and growing at a faster rate than the general population. He stated that as
       Mäori and youth were under represented in local government processes the Council
       needed to make more of an effort to address their disparities.

       Mr Gardiner believed the Council should be looking at separate Mäori wards, similar
       to that created at Environment Bay of Plenty. He also suggested that the Iwi Liaison
       Committee be transformed into a Mäori Committee.

       Mr Gardiner stated that the district plan review and consenting regimes must seek to
       accommodate iwi views as part of the process. He stated it was unreasonable to
       expect iwi to contribute their own funds to assist Council meet its obligations under
       the Resource Management Act and the Local Government Act 2002.

       Mr Gardiner stated that if the Council intended to sell assets, iwi would want Council
       to consider they had first right of refusal.

       In response to questioning as to what he meant by a Mäori Committee, Mr Gardiner
       stated that it was likely most of the iwi within the district will have access tor
       resources through the treaty settlements process to establish themselves and he
       stated that the Council would need to have relationships with them and invest time
       and resources into building up that relationship.

       In response to questioning regarding the review of the district plan, Mr Gardiner
       stated that if the Council did not include all iwi at this stage they would spend time
       and money at a later stage perhaps fighting them so it was more cost effective and a
       better approach to include all iwi at the development stage.

THE MEETING ADJOURNED AT 6.13 PM AND RESUMED AT 9:00 AM ON THURSDAY,
25 JUNE 2009 IN THE COUNCIL CHAMBERS, CIVIC CENTRE, COMMERCE STREET,
WHAKATANE

PRESENT:              His Worship the Mayor C G H Holmes Deputy Mayor G I Hanlen,
                      Councillors A A Bonne, E R Byrne, C Chambers, W B Clark,
                      S Jarrett, G V Johnston, I J Shearer, R N Orr and J Te Kurapa

IN ATTENDANCE:        D A Turner (Chief Executive), D C Bewley (Director Environment and
                      Policy), H Read (Director Works and Services), H Barnes (Chief
                      Financial Officer), D Gatland (Director Corporate Services),
                      J Gardyne (Senior Strategic Policy Analyst) Wouter and C B Hair
                      (Administration Officer Policy)


2.163 Robin Butt

       Refer to pages 1635-1639 of the agenda and tabled document 1639A-B.

       Mr Butt read his tabled submission (refer to tabled document 1639A-B) and asked
       the Council to consider a generic engineering design for shade sails and a set fee for
       building consent fees for projects under $20,000.

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2009, 2 JULY 2009 –


       He stated that his clients were blown away by the costs of building consents and he
       stated that the Council charges the same deposit fee of $400 for the installation of a
       shade sail at a school or a multi storey building.

       In response to questioning Mr Butt stated that although he did have a generic
       engineering design for the installation of shade sails the fees were still payable. He
       believed that the Council needed to consider the building consent charging process.
       He confirmed that the Gisborne District Council charged $175 for the installation of a
       simple shade sail.

2.164 Graham Carruthers: 7

       Refer to pages 1163-1167 of the agenda and tabled document 1167A-B.

       Mr Carruthers asked that his further written submission be tabled (refer to tabled
       document 1167A-B). Mr Carruthers did not appear at the hearing.

       RESOLVED:

       THAT the submissions to the draft LTCCP 2009-19 be received.

       Mayor Holmes/Chambers                                                   CARRIED


3.0    DELIBERATIONS ON THE DRAFT LONG-TERM COUNCIL COMMUNITY PLAN
       2009-19

       Refer to the Summary of Submissions on the draft Long-term Council Community
       Plan 2009-19.

       Attendance

       Councillor Bonne joined the meeting at 9:12 am.

       The Chief Executive outlined the process for making good decisions.

3.1    Separately Used Inhabitable Parts of a Rating Unit (SUIPs): 9.8.2, 27.1.2

       Refer to tabled document 4797AG-AO.

       The Chief Financial Officer provided a report on staff comments on submissions
       relating to SUIPs (refer to tabled document 4797AG-AO.

       A MOTION WAS PROPOSED:

       MOVED:    MAYOR HOLMES
       SECONDED: COUNCILLOR HANLEN

       1.     THAT the report "Report on submissions to the Long Term Council
              Community Plan 2009 – 2019 - Separately Used Inhabitable Parts" be
              received; and




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       2.     THAT the Council does not implement Separately Used or Inhabited Part of a
              Rating Unit (SUIPs) for 2009/10 but endorses in principle the usefulness of
              SUIPs as a rating tool and resolves to further investigate their use in the
              Whakatane District Council rating system.

       3.     THAT staff bring to the Council a timeline for consideration of all aspects of
              SUIPs, including those raised by submitters, leading to a decision on whether
              to include SUIPs in the 2010/11 Annual Plan.

       Reason for Decision:

       1.     The Council recognises that there has been significant correspondence and
              numerous queries and submissions over the potential uncertainty
              surrounding the introduction of SUIPs in 2009/10. The Council believes that
              the issues and uncertainty raised by submitters could possibly be resolved
              through better definition and criteria for applying a SUIP to a property. The
              Council believes that this will take a further 12 months to work through the
              issues. The Council will determine whether or not to include the introduction
              of SUIPs in the 2010/11 Annual Plan.

       2.     The Council has endorsed in principle of the usefulness of SUIPs as a rating
              tool and considers that SUIPs are consistent with the Council’s rating
              philosophy.

       3.     The Council recognises that the amount of additional rate has been
              exacerbated by the number of Uniform Annual Charges applied by the
              Council and that all Uniform Charges have been rated for each SUIP. The
              Council will be considering whether or not all Uniform Charges are to be
              charged for each SUIP.

       A DIVISION WAS CALLED FOR:

        FOR                                        AGAINST
        Mayor Holmes                               Councillor Chambers
        Councillor Orr                             Councillor Bonne
        Councillor Clark                           Councillor Jarrett
        Councillor Hanlen                          Councillor Johnston
                                                   Councillor Shearer
                                                   Councillor Byrne
                                                   Councillor Te Kurapa

       THE MOTION WAS PUT AND LOST

       A MOTION WAS PROPOSED:

       MOVED:    COUNCILLOR TE KURAPA
       SECONDED: COUNCILLOR SHEARER

       THAT Option 5.5 be adopted by the Council i.e. that the Council reverts to rating only
       per rating unit for all rates.

       AN AMENDMENT WAS PROPOSED:

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2009, 2 JULY 2009 –


       MOVED:    COUNCILLOR CHAMBERS
       SECONDED: COUNCILLOR JARRETT

       THAT the status quo remains for all rates for 2009/10 but that the use of SUIPs as
       rating tool be investigated in sufficient time to be included in the draft Annual Plan
       2010/11.

       Reason for Decision:

       The Council recognises that there has been significant correspondence and
       numerous queries and submissions over the potential uncertainty surrounding the
       introduction of SUIPs in 2009/10. The Council believes that the issues and
       uncertainty raised by submitters could possibly be resolved through better definition
       and criteria for applying a SUIP to a property and the Council will work through these
       issues over the next 12 months to determine whether or not to include the
       introduction of SUIPs in a modified form in the 2010/11 Annual Plan.

       A DIVISION WAS CALLED FOR:

        FOR                                        AGAINST
        Mayor Holmes                               Councillor Shearer
        Councillor Orr                             Councillor Byrne
        Councillor Clark                           Councillor Te Kurapa
        Councillor Hanlen
        Councillor Chambers
        Councillor Bonne
        Councillor Jarrett
        Councillor Johnston

       THE AMENDMENT WAS PUT AND CARRIED. IT BECAME THE SUBSTANTIVE
       MOTION

       A DIVISION WAS CALLED FOR:

        FOR                                        AGAINST
        Mayor Holmes                               Councillor Shearer
        Councillor Orr                             Councillor Byrne
        Councillor Clark                           Councillor Te Kurapa
        Councillor Hanlen
        Councillor Chambers
        Councillor Bonne
        Councillor Jarrett
        Councillor Johnston

       THE SUBSTANTIVE MOTION WAS PUT AND CARRIED

3.2    Sale of Assets: 10.7.1

       Refer to tabled document 4797AP-BA.

       The Director Works and Services tabled a report titled “Disposal of Parks and
       Reserves” including maps and an “Asset Disposal Methodology (excluding Parks and
       Reserves” (refer to tabled document 4797AP-BA.

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2009, 2 JULY 2009 –


       A MOTION WAS PROPOSED:

       MOVED:    MAYOR HOLMES
       SECONDED: COUNCILLOR CLARK

       1.     THAT Council confirms it intention to proceed with the exercise of identifying
              and examining land assets with a view to sale or for alternative use if they do
              not meet community needs.

       2.     THAT staff bring to Council a programme for consideration and evaluation of
              these properties with those identified by submitters taking precedence

       Reason for Decision:

       The Council recognises that any proposal to divest reserve assets will require the
       Council to undertake processes in accordance with the Local Government Act 2002
       and the Reserves Act. The Council recognises that the project will ensure
       appropriate reserves are held to meet the community’s current and future needs.
       The Council notes that should this project identify further unnecessary reserves or
       properties, consultation on possible divestment will be included in the 2010/11
       Annual Plan.

       A DIVISION WAS CALLED FOR:

        FOR                                       AGAINST
        Mayor Holmes                              Councillor Shearer
        Councillor Orr                            Councillor Te Kurapa
        Councillor Clark
        Councillor Hanlen
        Councillor Chambers
        Councillor Bonne
        Councillor Jarrett
        Councillor Johnston
        Councillor Byrne

       THE MOTION WAS PUT AND CARRIED

3.3    Rural Halls: 10.2.1

       Mayor Holmes tabled a newspaper article Bay Weekender dated 20 June 2009
       relating to the Awakaponga Hall (refer to tabled document 4797BB).

       A MOTION WAS PROPOSED:

       MOVED:    MAYOR HOLMES
       SECONDED: COUNCILLOR HANLEN

       1.     THAT Council confirms it intention to find and implement alternative
              ownership and operational models for rural halls. This will be done in a case
              by case manner with full consultation with all stakeholders.

       2.     THAT the Council liaise with the RSA, the community and interested parties
              in regard to any War Memorial status of halls.

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2009, 2 JULY 2009 –


       Reason for Decision:

       1.      The Council believes that there are substantial ownership and operating
               costs associated with rural community halls. The low use of rural halls has
               resulted in the Council reviewing the viability of the facilities. The Council
               considers that the social and cultural benefit of rural halls is low compared to
               economic cost of operating the facilities.

       2.      The Council will work with hall committees and main users on alternative
               ownership/operating models if individual communities wish to retain their
               rural halls.

       3.      The Council will also liaise with the RSA, the community and interested
               parties in regard to any War Memorial status of halls.

       A DIVISION WAS CALLED FOR:

        FOR                                         AGAINST
        Mayor Holmes                                Councillor Shearer
        Councillor Orr                              Councillor Te Kurapa
        Councillor Clark                            Councillor Byrne
        Councillor Hanlen
        Councillor Chambers
        Councillor Bonne
        Councillor Jarrett
        Councillor Johnston

       THE MOTION WAS PUT AND CARRIED.

3.4    Urban Halls: 10.2.1

       A MOTION WAS PROPOSED:

       MOVED:    MAYOR HOLMES
       SECONDED: COUNCILLOR BYRNE

       THAT the Council confirms its intention to develop a future urban community halls
       strategy in consultation with all stakeholders.

       Reason for Decision:

       The Council is not contemplating a sale of urban community halls. The Council is
       interested in alternative operating and management models that will see better use of
       hall facilities for the four urban halls, Whakatane War Memorial Hall, Murupara War
       Memorial Hall, Edgecumbe War Memorial Hall and the Ohope Hall.

       The Council recognises that current level of use and cost associated with the halls
       can be improved and wishes to work with the community to enhance the utility of the
       halls. The Council will develop a strategy for future service provision and will consult
       with the community on this matter.




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2009, 2 JULY 2009 –



       A DIVISION WAS CALLED FOR:

        FOR                                        AGAINST
        Mayor Holmes                               Councillor Shearer
        Councillor Orr                             Councillor Te Kurapa
        Councillor Clark
        Councillor Hanlen
        Councillor Chambers
        Councillor Bonne
        Councillor Jarrett
        Councillor Johnston
        Councillor Byrne

       THE MOTION WAS PUT AND CARRIED.

3.5    Pensioner Housing: 10.3.10

       A MOTION WAS PROPOSED:

       MOVED:    MAYOR HOLMES
       SECONDED: COUNCILLOR ORR

       THAT the Council resolves in principle to sell its pensioner housing subject to the
       following criteria:

       (a)    satisfactory protection of existing tenants rights and welfare
       (b)    satisfactory protection and control of the ongoing use and development of
              low cost pensioner housing
       (c)    the profile and track record of a registered age care provider
       (d)    any proceeds from the sale of pensioner housing will be used to retire debt

       Reasons for Decision:

       1.     The Council acknowledges the lack of affordable rental and owner-occupied
              housing available to the elderly in the District. The Council believes that there
              are alternative ownership models and options that can provide an equal or
              superior level of service for elderly tenants.

       2.     The Council sees the current service as a social responsibility however the
              provision, management and maintenance is not considered a core service of
              Council.

       3.     The Council will only divest the pensioner housing stock as long as the
              existing tenants interests are safeguarded. The Council will be vigilant in
              ensuring that the stock will continue to be used for pensioner housing and
              this may include such mechanisms as ensuring current tenants' conditions of
              tenancy are not changed, restrictions to title, restricting the resale period,
              defining permitted usage, benchmarking rental levels, setting maintenance
              standards and describing resident criteria.




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2009, 2 JULY 2009 –



       4.     The Council is committed to supporting the provision of pensioner housing in
              the District and is cognisant of other Local Authorities that have divested
              pensioner housing yet still meet the same affordable housing objectives
              through alternative ownership models and support.

       5.     The Council considers that the capital funds realised through the divestment
              of pensioner housing will provide benefits for the wider Whakatane
              community by retiring debt.

       A DIVISION WAS CALLED FOR:

        FOR                                        AGAINST
        Mayor Holmes                               Councillor Shearer
        Councillor Chambers                        Councillor Te Kurapa
        Councillor Bonne                           Councillor Byrne
        Councillor Orr                             Councillor Clark
        Councillor Johnston                        Councillor Jarrett
        Councillor Hanlen

       THE MOTION WAS PUT AND CARRIED.

3.6    Murupara Service Centre: 10.4.2

       A MOTION WAS PROPOSED:

       MOVED:    COUNCILLOR TE KURAPA
       SECONDED: COUNCILLOR BYRNE

       THAT the Council adopts the improved status quo option for the Murupara Service
       Centre which retains the Murupara Service Centre.

       Reasons for Decision:

       1.     The Council considered the submissions from the residents in Murupara,
              Ruatahuna, Minginui and the larger Galatea/Murupara ward who urged the
              Council to retain the Murupara Service Centre.

       2.     The Council believes that it is vital that the Council encourages the use of the
              library as the library contributes to the well being of the community.

       3.     The Council will look to improve the use and variety of the Murupara Service
              Centre functions and will also look to the use of staff by the Whakatane
              Service Centre.

       4.     The Council recognises that the Murupara Service Centre acts as a Council
              service centre, library and meeting place as well as a civil defence post and
              archives repository and that the residents are comfortable with the face to
              face contact for enquiries.

       AN AMENDMENT WAS PROPOSED:



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        MOVED:    COUNCILLOR HANLEN
        SECONDED: MAYOR HOLMES

        THAT the Chief Executive consults with the Murupara Community Board to see if the
        improved viability of the Murupara Service Centre can be achieved by sourcing other
        services to be offered and that she be given 12 months to improve the Murupara
        Service Centre by securing these additional services.

        A DIVISION WAS CALLED FOR:

         FOR                                      AGAINST
         Mayor Holmes                             Councillors Chambers
         Councillor Hanlen                        Councillor Bonne
                                                  Councillor Orr
                                                  Councillor Clark
                                                  Councillor Jarrett
                                                  Councillor Johnston
                                                  Councillor Shearer
                                                  Councillor Byrne
                                                  Councillor Te Kurapa

        THE AMENDMENT WAS PUT AND LOST.

        THE ORIGINAL MOTION WAS PUT.

        A DIVISION WAS CALLED FOR:

         FOR                                      AGAINST
         Councillors Chambers                     Mayor Holmes
         Councillor Bonne                         Councillor Hanlen
         Councillor Orr
         Councillor Clark
         Councillor Jarrett
         Councillor Johnston
         Councillor Shearer
         Councillor Byrne
         Councillor Te Kurapa

        THE MOTION WAS PUT AND CARRIED.

3.7     Arts and Culture Centre: 24.8.8

        The Chief Executive advised that the Director Works and Services had information
        relating to the possible purchase price of buildings as raised by submitters as
        alternative venues for the Arts and Culture Centre and this information was
        commercially sensitive and she asked that the Council go into public excluded
        business to discuss this matter.

3.7.1   Public Excluded Business

3.7.1.1 Resolution to Exclude the Public


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       RESOLVED:

       THAT the public be excluded from the following parts of the proceedings of this
       meeting, namely:

       1.       Arts and Culture Centre

       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:

             General subject     Reason for passing this     Ground(s) under section 48(1)
             of each matter to   resolution in relation to   for the passing of this
             be considered       each matter                 resolution



        . Arts and Culture       Good reason to withhold     That the public conduct of the
        1 Centre                 exists under Section 7.     relevant part of the proceedings of
                                                             the meeting would be likely to
                                                             result in the disclosure of
                                                             information for which good reason
                                                             for withholding exists.

                                                             Section 48(1)(a)


       This resolution is made in reliance on sections 48(1)(a) of the Local Government
       Official Information and Meetings Act 1987 and the particular interest or interests
       protected by section 7 of that Act, which would be prejudiced by the holding of the
       relevant part of the proceedings of the meeting in public are as follows:

            Item No                                    Interest

                      Enable the Council to carry on, without prejudice or disadvantage,
        1
                      negotiations, including commercial and industrial negotiations


       Mayor Holmes/Chambers                                                    CARRIED

3.7.1.2 Resumption of Open Meeting

       After the above item had been considered, the public were readmitted to the meeting.

       Attendance

       Mayor Holmes who had declared a Member’s Interest in the above item in public
       excluded business and left the meeting at 3:19 pm now joined the meeting at 3:49
       pm and chaired the meeting from this point.


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3.8    Matata and Te Teko Wastewater Schemes: 21.7.1, 21.14.1

       A MOTION WAS PROPOSED:

       MOVED:    MAYOR HOLMES
       SECONDED: COUNCILLOR CLARK

       THAT the Council affirms plans to install wastewater schemes for Matata and
       Te Teko and sources the highest level of subsidy available from the Ministry of
       Health with a view to carrying out final consultation with the communities leading to a
       firm decision within the next 12 months.

       Reasons for Decision:

       The Council is planning to install the Matata and Te Teko waste water systems
       subject to receiving subsidy from the Ministry of Health. At present the Council is
       engaged in negotiations with the Ministry of Health to increase the subsidy funds to
       reflect the increased cost of the scheme. The Council is concerned with the
       affordability of the schemes for the community and will be conducting further
       community consultations on these projects.

       A DIVISION WAS CALLED FOR:

        FOR                                        AGAINST
        Mayor Holmes
        Councillor Hanlen
        Councillors Chambers
        Councillor Bonne
        Councillor Orr
        Councillor Clark
        Councillor Jarrett
        Councillor Johnston
        Councillor Shearer
        Councillor Byrne
        Councillor Te Kurapa

       THE MOTION WAS PUT AND CARRIED.

3.9    Ruatahuna Transfer Station: 22.3.6

       A MOTION WAS PROPOSED:

       MOVED:    MAYOR HOLMES
       SECONDED: COUNCILLOR TE KURAPA

       THAT the Council continue to pursue the construction of a transfer station at
       Ruatahuna as soon as possible.

       Reasons for Decision:

       The Council has been working with the Ruatahuna community to come up with a
       solution for solid waste. This work has been going on for well over 5 years.

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       At one stage (2004) Council looked at a site for a resource recovery centre and small
       landfill on the Ruatahuna Trust farm. A design was undertaken and a resource
       consent application prepared. However the required approvals from the community
       were not forthcoming and this site could not proceed. Options for a refuse collection
       service or bulk refuse bin were also costed but on a per property basis were very
       expensive.

       Since mid 2007 the Council has been assisting the Hinepukohurangi Trust to find a
       site for a resource recovery centre and residual waste transfer station. Several sites
       have been assessed and concept designs prepared but so far a site has not been
       found that is acceptable to the community/neighbours. The Council is happy to assist
       the Ruatahuna in developing a solid waste facility, but the siting of that facility must
       be a Community decision and in that regard the Council are in the Community’s
       hands. The Council has included a sum of $300,000 in the LTCCP for the
       construction of a transfer station at Ruatahuna in the 2010/11 year.

       A DIVISION WAS CALLED FOR:

        FOR
        Mayor Holmes
        Councillor Hanlen
        Councillors Chambers
        Councillor Bonne
        Councillor Orr
        Councillor Clark
        Councillor Jarrett
        Councillor Johnston
        Councillor Shearer
        Councillor Byrne
        Councillor Te Kurapa

       THE MOTION WAS PUT AND CARRIED.

3.10   Minginui Transfer Station: 22.3.6

       A MOTION WAS PROPOSED:

       MOVED:    MAYOR HOLMES
       SECONDED: COUNCILLOR TE KURAPA

       1.      THAT the Council includes $100,000 in the 2010/11 financial year for the
               development of a transfer station in Minginui at the ex-Forest Service
               compound at the invitation of the Ngäti Whare Trust.

       2.      THAT staff negotiate with relevant stakeholders and territorial authorities to
               establish the most economical means of operation and shipping of waste out
               of Minginui.

       Reasons for Decision:

       The Council considered the Ngäti Whare Trust submission which offered the use of
       the ex-Forest Service compound in Minginui for use as a transfer station and
       suggested that the cost of $225,000 in the draft LTCCP should be deleted.

                                                                                 PAGE 83 OF 127
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2009, 19 JUNE 2009, 22 JUNE 2009, 25 JUNE 2009, 26 JUNE 2009, 29 JUNE 2009, 30 JUNE
2009, 2 JULY 2009 –


       The Council believed that there would still be expenditure required and have included
       a sum of $100,000 in the draft LTCCP in the next financial year. The Council
       believes there is some urgency in developing the transfer station at Minginui and
       have bought forward this project from 2013/14 to 2010/11 financial year.

       A DIVISION WAS CALLED FOR:

        FOR
        Mayor Holmes
        Councillor Hanlen
        Councillors Chambers
        Councillor Bonne
        Councillor Orr
        Councillor Clark
        Councillor Jarrett
        Councillor Johnston
        Councillor Shearer
        Councillor Byrne
        Councillor Te Kurapa

       THE MOTION WAS PUT AND CARRIED.

THE MEETING ADJOURNED AT 5:15 PM AND RESUMED AT 9:00 AM ON FRIDAY, 26
JUNE 2009 IN THE COUNCIL CHAMBERS, CIVIC CENTRE, COMMERCE STREET,
WHAKATANE

PRESENT:               His Worship the Mayor C G H Holmes Deputy Mayor G I Hanlen,
                       Councillors A A Bonne, E R Byrne, C Chambers, W B Clark,
                       S Jarrett, G V Johnston, I J Shearer, R N Orr and J Te Kurapa

IN ATTENDANCE:         D A Turner (Chief Executive), D C Bewley (Director Environment and
                       Policy), H Read (Director Works and Services), H Barnes (Chief
                       Financial Officer), P R Chapman (Manager Community Facilities),
                       J Gardyne (Senior Strategic Policy Analyst), W Vullings (Strategic
                       Policy Analyst) and C B Hair (Administration Officer Policy)

APOLOGIES:             An apology for lateness was received on behalf of Deputy Mayor
                       G I Hanlen


3.11   Solid Waste: New Landfill: 22.6.1

       A MOTION WAS PROPOSED:

       MOVED:    MAYOR HOLMES
       SECONDED: COUNCILLOR BONNE

       THAT the Council endorses the current landfill investigation for a local disposal site.




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2009, 2 JULY 2009 –



       Reason for Decision:

       The transfer station strategy has been in place since the 2006 LTCCP. Local landfills
       have been investigated a number of times over the years and a site acceptable to the
       community and neighbours has not been forthcoming.

       The Council is assessing the viability of a local disposal site. By its location it would
       also be able to serve Kawerau, Opotiki and Gisborne (Gisborne rubbish is currently
       carted through the BOP to the Waikato). However the Council does recognise the
       need to be realistic about this proposal. A landfill incurs a lot of fixed costs which are
       largely independent of the tonnage, so there will be a minimum amount of refuse
       below which a local site will not be economic. The waste disposal industry is highly
       competitive and the large sites have a lot of room to move on gate pricing. The
       Council will be mindful of the commercial risk in any refuse disposal venture. The
       viability of any landfill solution will be dependant on a regional solution with other
       Councils’ support

       A DIVISION WAS CALLED FOR:

        FOR
        Mayor Holmes
        Councillors Chambers
        Councillor Bonne
        Councillor Orr
        Councillor Clark
        Councillor Jarrett
        Councillor Johnston
        Councillor Shearer
        Councillor Byrne
        Councillor Te Kurapa

       Councillor Hanlen was absent.

       THE MOTION WAS PUT AND CARRIED.

3.12   Development Contributions Policy: 27.1.17

3.12.1 Staged Approach

       A MOTION WAS PROPOSED:

       MOVED:    MAYOR HOLMES
       SECONDED: COUNCILLOR CHAMBERS

       THAT the Council adopt a Staged Approach to the collection of development
       contributions.

       Reason for Decision:

       The Council has reviewed the Development Contribution Policy in line with the
       principles established in settling the High Court appeal by Lysaght Developments
       Ltd.

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2009, 2 JULY 2009 –


       The methodology adopted in the new policy includes revised (and generally reduced)
       growth figures attributable to the identified projects, as well as a review of the nexus
       between planned projects and the location of the development.
       The Council recognises that this change in the policy will mean that no contributions
       are sought ahead of the time that a new or upgraded service or facility is needed.
       The Council believes that this approach is fairer to developers in the early years of
       the LTCCP where it may be argued that existing capacity exists.
       A DIVISION WAS CALLED FOR:

        FOR                                         AGAINST
        Mayor Holmes                                Councillor Orr
        Councillors Chambers
        Councillor Bonne
        Councillor Clark
        Councillor Jarrett
        Councillor Johnston
        Councillor Shearer
        Councillor Byrne
        Councillor Te Kurapa

       Councillor Hanlen was absent.
       THE MOTION WAS PUT AND CARRIED.
3.12.2 Deferment of Development Contributions
       A MOTION WAS PROPOSED:
       MOVED:    COUNCILLOR CHAMBERS
       SECONDED: COUNCILLOR CLARK
       THAT the Council does not grant any relief on development contributions as
       requested by submitters.

       Reason for Decision:

       The Council believes that some relief has been given by the staged approach to
       development contributions as adopted by the Council. The Council believes that to
       grant relief would not be seen to be fair and equitable for people who have paid
       development contributions both in the past and for the future.

       A DIVISION WAS CALLED FOR:

        FOR
        Mayor Holmes
        Councillors Chambers
        Councillor Bonne
        Councillor Clark
        Councillor Jarrett
        Councillor Johnston
        Councillor Shearer
        Councillor Byrne
        Councillor Te Kurapa
        Councillor Orr
                                                                                 PAGE 86 OF 127
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2009, 19 JUNE 2009, 22 JUNE 2009, 25 JUNE 2009, 26 JUNE 2009, 29 JUNE 2009, 30 JUNE
2009, 2 JULY 2009 –



       Councillor Hanlen was absent.

       THE MOTION WAS PUT AND CARRIED.

3.12.3 Granny Flats, Dependent Relatives

       The Director Environment and Policy advised that he would bring back a report
       regarding the proposal to reduce development contributions for smaller dwellings
       usually associated with a dependent relative.

       It was agreed to defer this aspect of Development Contributions until the report had
       been considered.

3.12.4 Development Contribution        Applicable    at   either   Building   Consent    For
       Subdivision stage

       A MOTION WAS PROPOSED:

       MOVED:    COUNCILLOR CHAMBERS
       SECONDED: COUNCILLOR CLARK

       THAT the Council continues to apply development contributions in terms of the
       Development Contributions Policy.

       Reason for Decision:

       The Council's policy applies to the first of: a new lot created through subdivision, a
       new dwelling or commercial business, or a service connection. Therefore, a new
       house built on a recently created lot will not pay a development contribution because
       it will have been paid through the subdivision. However, the level of contribution
       payable for each lot is based on only one dwelling being built. Where a second (or
       more) house is built on an existing lot, then a further contribution is payable. A
       similar comparison is made for businesses on commercial and industrial land. A
       payment is made at the time of subdivision, but a particularly intensive use will
       generate demand that will lead to an additional contribution being made.

       A DIVISION WAS CALLED FOR:

        FOR                                         AGAINST
        Mayor Holmes
        Councillors Chambers
        Councillor Bonne
        Councillor Clark
        Councillor Jarrett
        Councillor Johnston
        Councillor Shearer
        Councillor Byrne
        Councillor Te Kurapa
        Councillor Orr

       Councillor Hanlen was absent.

       THE MOTION WAS PUT AND CARRIED.
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2009, 2 JULY 2009 –



3.12.5 Staff submission

       A MOTION WAS PROPOSED:

       MOVED:    MAYOR HOLMES
       SECONDED: COUNCILLOR JOHNSTON

       THAT the staff submission be accepted and the Development Contributions Policy
       be amended as follows:

          1. Grammatical and spelling errors;
          2. Clarification of some of the catchments such as the “Southern Catchment”
             planning area being the same as the “Matahina-Minginui; Murupara
             catchment”;
          3. Clarification that Community Infrastructure and Reserves contributions are not
             payable for commercial or industrial activities. This is written in the policy but
             should be made clearer;
          4. Clarification that the contribution to the Plains Water Scheme is only payable
             when a connection to the scheme is actually occurring. This will mean that a
             subdivider may not pay this amount but a person building a house, where
             connection is confirmed or a service connection is applied for, would pay.
          5. Amend item 1 under section 12.1 (Credits) to remove the restriction of 12
             months on claiming a credit for the site. The Council needs to have regard to
             the previous use on the site and make a judgement. Item 8 of section 12.1
             needs correcting as it refers to credit by “catchments”, rather than credit by
             “lot”.
          6. Section 12.2 (Reviews) should recognise that an administrative fee is payable
             to apply to review a development contribution.
          7. Plains Water planning area map mistakenly includes Piripai. This map needs
             correcting.
          8. Four projects need adjusting or deletion from the Development Contributions
             Policy. This will lower the level of the contributions. The projects are:
              Town Pier – delay the start of collection for this project until at least 2012;
              Coastlands Stage 3 (Water) – Remove project from the development
                  contributions policy as it relates to an area not yet zoned for residential
                  purposes. If the area is rezoned, then a structure plan will define the
                  extent of services required. At that point, the DC policy should be
                  amended to include all infrastructural contributions.
              Review Stage 1 and Stage 2 projects at Ohope for the same reason as
                  above. The works are at least partially related to reticulating areas not yet
                  zoned for residential development.
              Coastal Land Acquisition – The percentage attributable to growth for
                  acquiring coastal land has significantly dropped under the new policy.
                  This will lead to a considerable shortfall is funding over time. The growth
                  led demand to acquire coastal reserve land needs to be reviewed to
                  ensure the Council has an effective strategy for acquiring coastal land
                  over time.
              Review historic contributions.

       A DIVISION WAS CALLED FOR:




                                                                                 PAGE 88 OF 127
WHAKATANE DISTRICT COUNCIL—EXTRAORDINARY MEETING: 17 JUNE 2009, 18 JUNE
2009, 19 JUNE 2009, 22 JUNE 2009, 25 JUNE 2009, 26 JUNE 2009, 29 JUNE 2009, 30 JUNE
2009, 2 JULY 2009 –



        FOR                                        AGAINST
        Mayor Holmes
        Councillors Chambers
        Councillor Bonne
        Councillor Clark
        Councillor Jarrett
        Councillor Johnston
        Councillor Shearer
        Councillor Byrne
        Councillor Te Kurapa
        Councillor Orr

       Councillor Hanlen was absent.

       THE MOTION WAS PUT AND CARRIED.

       Attendance

       Councillor Hanlen and the Manager Community Facilities joined the meeting at 10:30
       am.

3.13   Town Vision: 24.8.8

       A MOTION WAS PROPOSED:

       MOVED:    MAYOR HOLMES
       SECONDED: COUNCILLOR CHAMBERS

       THAT the Council reduces the budget for town vision governance costs from $80,000
       to $50,000 to be funded from the harbour endowment fund and defers consideration
       of the Town Vision Advisory Board terms of reference and delegations; and

       Reason for Decision:

       The Council adopted the Town Vision Plan following significant consultation with the
       community. The Council has allowed for funding in the LTCCP for the implementation
       of the plan however the Council has reduced its budget for governance costs
       associated with the Town Vision Advisory Board from $80,000 to $50,000.

       The Council considers the funding of the Town Vision Advisory Board from the
       Harbour activity to be appropriate as the Harbour Activity is a major property owner in
       the Whakatane CBD. The Council believes that there are advantages in the work
       being progressed at the same time as the District Plan review.

       The Council has deferred consideration of the make up of the Town Vision Advisory
       Board and terms of reference and delegations.

       AN AMENDMENT WAS PROPOSED:




                                                                                PAGE 89 OF 127
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2009, 19 JUNE 2009, 22 JUNE 2009, 25 JUNE 2009, 26 JUNE 2009, 29 JUNE 2009, 30 JUNE
2009, 2 JULY 2009 –



       MOVED:    COUNCILLOR BONNE
       SECONDED: COUNCILLOR JARRETT

       1.      THAT the Council reduces the budget for town vision governance costs from
               $80,000 to $20,000 to be funded from the harbour endowment fund and
               defers consideration of the Town Vision Advisory Board terms of reference
               and delegations; and

       2.      THAT the Council review progress on a three yearly basis to coincide with
               the LTCCP process with no funding after year six to be included in the
               LTCCP 2009/19.

       Reason for Decision:

       The Council adopted the Town Vision Plan following significant consultation with the
       community. The Council has allowed for funding in the LTCCP for the implementation
       of the plan however the Council has reduced its budget for governance costs
       associated with the Town Vision Advisory Board from $80,000 to $20,000.

       The Council considers the funding of the Town Vision Advisory Board from the
       Harbour activity to be appropriate as the Harbour Activity is a major property owner in
       the Whakatane CBD. The Council believes that there are advantages in the work
       being progressed at the same time as the District Plan review.

       The Council has deferred consideration of the make up of the Town Vision Advisory
       Board and terms of reference and delegations.

       The Council is mindful that there is a need for three yearly reviews of the Town
       Vision funding which will be lined up with the LTCCP timeframes. The Council has
       removed funding from the LTCCP 2009/19 after Year Six.

       A DIVISION WAS CALLED FOR:

        FOR                                        AGAINST
        Councillors Chambers                       Councillor Shearer
        Councillor Bonne                           Councillor Byrne
        Councillor Clark                           Councillor Te Kurapa
        Councillor Jarrett                         Councillor Orr
        Councillor Johnston
        Councillor Hanlen

       Mayor Holmes abstained.

       THE AMENDMENT WAS PUT AND CARRIED. IT BECAME THE SUBSTANTIVE
       MOTION.

       A DIVISION WAS CALLED FOR:

        FOR                                        AGAINST
        Mayor Holmes                               Councillor Shearer
        Councillors Chambers                       Councillor Byrne
        Councillor Bonne                           Councillor Te Kurapa
        Councillor Clark                           Councillor Orr
                                                                                PAGE 90 OF 127
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2009, 19 JUNE 2009, 22 JUNE 2009, 25 JUNE 2009, 26 JUNE 2009, 29 JUNE 2009, 30 JUNE
2009, 2 JULY 2009 –


        Councillor Jarrett
        Councillor Johnston
        Councillor Hanlen

       THE SUBSTANTIVE MOTION WAS PUT AND CARRIED.

3.14   Disaster Mitigation Funding Policy

       It was agreed to defer this item until Monday, 29 June 2009.

3.15   Community Development: 27.1.1

       A MOTION WAS PROPOSED:

       MOVED:    COUNCILLOR HANLEN
       SECONDED: COUNCILLOR CHAMBERS

       THAT the Council confirm the Community Development Budget for 2009/10 as
       outlined in the draft LTCCP 2009-19.

       Reason for Decision:

       The Council carried out a review of the services that it provides and decided to
       reduce expenditure in some areas, including community development so that it could
       focus its resources on core services. This was necessary as the Council is grappling
       with the cost of delivering services, and at the same time, addressing poor
       maintenance of our infrastructure.

       Overall the budget for Community Development was reduced by $124,274. The
       LTCCP indicates that the initiatives that were being delivered under the Safer
       Community Council to make the community safer will still continue to be delivered.
       The Council has indicated that it wants to access a greater level of central
       government funding to support this activity.

       Similarly the Council has confirmed in the LTCCP that the Iwi Liaison Committee will
       be retained. It is intended that appropriate resources will be put in place to be able to
       fully support the work of both the Committee and the wider organisation.

       A DIVISION WAS CALLED FOR:

        FOR                                         AGAINST
        Mayor Holmes                                Councillor Te Kurapa
        Councillors Chambers
        Councillor Bonne
        Councillor Clark
        Councillor Jarrett
        Councillor Johnston
        Councillor Hanlen
        Councillor Shearer
        Councillor Byrne
        Councillor Orr

       THE MOTION WAS PUT AND CARRIED.

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2009, 2 JULY 2009 –


3.16   District Plan Review: 25.8.1

       A MOTION WAS PROPOSED:

       MOVED:    COUNCILLOR CHAMBERS
       SECONDED: COUNCILLOR BONNE

       THAT the Council confirms the District Plan project and funding as outlined in the
       draft LTCCP 2009/19.

       Reason for Decision:

       The Council believes that the Whakatane District Plan needs to be reviewed and
       updated to deal with new legislation and issues such as climate change, renewable
       energy and urban design. The Council was mindful that the Proposed Whakatane
       District Plan will be made partly operative soon and there is already a large
       programme of plan changes needed to update it and does not contain sections on
       indigenous biological diversity or financial contributions and may not include
       esplanade reserve provisions. The Council was also mindful that the rural section of
       the Plan is now 10 years old.

       The Council believes that the two phase review of the Resource Management Act
       1991 may lead to other changes that need to be considered and the Government’s
       emphasis on National Environmental Standards and National Policy Statements also
       need to be incorporated into the Plan as well as statutory acknowledgements arising
       from Treaty settlements.

       The Council recognises that the Regional Council is currently reviewing its Regional
       Policy Statement and a timely review of the District Plan would enable better
       integration of the two planning documents.

       The Council believes that the current economic recession enables forward planning
       to occur and allows a more proactive approach to forward planning. The project
       includes a review over a two year period followed by the third year being set aside for
       notification of the Proposed Whakatane District Plan and the submissions process.

       A DIVISION WAS CALLED FOR:

        FOR                                        AGAINST
        Mayor Holmes
        Councillors Chambers
        Councillor Bonne
        Councillor Clark
        Councillor Jarrett
        Councillor Johnston
        Councillor Hanlen
        Councillor Shearer
        Councillor Byrne
        Councillor Orr
        Councillor Te Kurapa

       THE MOTION WAS PUT AND CARRIED.


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2009, 2 JULY 2009 –



3.17   Funding Iwi Management Plans: 25.1.1

       A MOTION WAS PROPOSED:

       MOVED:    COUNCILLOR CHAMBERS
       SECONDED: COUNCILLOR BYRNE

       THAT the Council confirms its budget for the District Plan review process.

       Reason for Decision:

       The Council's budgeting of the District Plan review process includes some
       commitment to fund Iwi input into the review. The Council believes that Iwi will also
       see the benefit that the review process can bring in regard to effectively managing
       natural and physical resources and including Iwi in resource management decisions,
       through the protection of sites of significance, having regard to statutory
       acknowledgements and establishing protocols for Iwi engagement.

       A DIVISION WAS CALLED FOR:

        FOR                                        AGAINST
        Mayor Holmes
        Councillors Chambers
        Councillor Bonne
        Councillor Clark
        Councillor Jarrett
        Councillor Johnston
        Councillor Hanlen
        Councillor Shearer
        Councillor Byrne
        Councillor Orr
        Councillor Te Kurapa

       THE MOTION WAS PUT AND CARRIED.

3.18   Future Whakatane: 24.11.6

       RESOLVED:

       THAT the Council continues with the growth strategy called “Future Whakatane” and
       intends to adopt the Future Whakatane Strategy before 25 December 2009 including
       public input into the process.

       Reason for Decision:

       The Council will complete its growth strategy for the Whakatane and Ohope area
       called "Future Whakatane" by the end of the 2009 calendar year. The growth
       strategy will integrate the demand for residential, retail and industrial development
       over the short term (10 years), medium term (20 years) and the longer term (40
       years). This work to date has used different growth scenarios, both in terms of
       population growth rates and the location of land, to provide options.


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2009, 2 JULY 2009 –


       The completed strategy will then be implemented into the District Plan through zone
       changes, structure planning and infrastructural planning needed to support new
       areas. It will also include the funding mechanisms to meet the costs of new
       infrastructure.

       The draft strategy will be consulted on widely before being adopted by the Council. A
       strategy is likely to suggest growth should occur in several locations to enable the
       market to provide for a range of housing types in different cost brackets. The area
       for expansion suggested in many submissions to the Council is one of 11 options
       being considered.

       The Council is aware of the concerns expressed about the reliance on Statistics
       New Zealand projections, and these concerns will be factored into the growth
       modelling that will underpin the scenarios.

       The Council recognises submissions requesting the Council to emphasise positive
       measures to encourage growth. This is undertaken through increased financial
       support for economic development, marketing and promotions initiatives through Toi
       EDA.

       Mayor Holmes/Jarrett                                                   CARRIED

3.19   Jean Eivers

       The Council were advised that Jean Eivers, former Councillor, had died this
       afternoon. The Council meeting adjourned for a few minutes.

3.20   Rating: 9.2.2

       The Chief Financial Officer tabled the following rating information:

          Proposed changes based on 2009/10: 75% Parks Rate as capital value rate in
           Whakatane/Ohope only (refer to tabled document 4797BC)
          Proposed changes based on 2009/10: 25% District UAC and 75% capital value
           (refer to tabled document 4797BD)
          Proposed changes based on 2009/10: UAGC at $300 (refer to tabled document
           4797BE)
          Proposed changes based on 2008/09 (refer to tabled document 4797BF)
          Proposed changes based on 2009/10: Stormwater Whakatane Commercial 1.6
           Differential (refer to tabled document 4794BG)

       Staff were requested to report back on the possibility of introducing a remoteness
       differential for the Te Urewera subdivision area of the Murupara Community Board.

3.21   UAC $21 Refuse Management: 9.2.2

       RESOLVED:

       THAT the Council retain the $21 UAC rate for refuse management.




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2009, 2 JULY 2009 –



       Reason for Decision:

       The Council believes that the refuse disposal rate ($21) against all properties in the
       District is a fairer way of paying for the District wide solid waste management
       activities such as closed landfill monitoring, waste education programmes in schools,
       contributions to hazard mobile and the recycling facilities provided at Te Tahi Street.
       At the moment these costs are paid for by residential properties only and this is not
       seen as fair or equitable.

       Chambers/Clark                                                           CARRIED

3.22   Peak demand water pricing – Whakatane and Ohope water scheme: 9.2.2

       RESOLVED:

       1.      THAT the Council confirms its policy on peak demand water pricing and
               water meter reading as follows:

               (a)     the fixed costs of supplying water will be recovered by a targeted rate
                       per connection or per property which is able to connect and the
                       variable cost be recovered by way of metering

               (b)     the price per cubic metre for all urban areas will be twice the amount
                       over the summer months as it is during the rest of the year to reflect
                       peak demand costs. This will be introduced from 1 July 2010

               (c)     Water meters for Whakatane and Ohope urban areas will be read
                       every three months from 1 July 2010

       2.      THAT the Council undertake a suitable education programme prior to the
               introduction of peak demand water pricing from 1 July 2010.

       Reason for Decision:
       The Council recognises that the water demand across the district varies and that
       subsidisation between users is occurring. Approximately 75% of the operating
       expenditure for each water scheme represents fixed costs, yet approximately only
       25% of the schemes income is fixed, relying on 75% of its income to come from
       metering revenue. The Council therefore decided to charge the fixed costs of
       supplying water by way of a targeted rate per connection or per property which is
       able to connect and the variable costs of the scheme by way of metering.

       The Council is concerned at the costs in providing significant volumes of water over a
       short period of time (known as peak flow). The charging of peak prices for water over
       the summer period ensures that the Council recovers costs from those ratepayers
       who are placing the extra demands on the water infrastructure. This will enable the
       Council to forecast summer water demand and more accurately charge those people
       who use more water in summer months (December to February).

       The Council believes that there has been a great deal of confusion and
       misunderstanding around this issue and will be instigating an education campaign to
       ensure consumers are better informed.

       Mayor Holmes/Hanlen                                                      CARRIED
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2009, 2 JULY 2009 –



3.23   Whakatane/Ohope Water: 20.9.1, 20.10.1

       A MOTION WAS PROPOSED:

       MOVED:    MAYOR HOLMES
       SECONDED: COUNCILLOR HANLEN

       THAT the Council confirms the amalgamation of the Whakatane and Ohope water
       schemes.

       Reason for Decision:

       The Council recognises that Whakatane and Ohope are supplied from the same
       source of water and use the same major assets for the supply of drinking water.
       Some of the major common assets used by both schemes are water intake structure
       and treatment plant, four major reservoirs, three major pump stations and
       approximately 4 km of major trunk mains. The valuation of these major assets are
       over $11 million.

       Although both water schemes use these major assets, only Whakatane rate payers
       are paying the major portion of fixed costs of maintaining these assets. By combining
       these two schemes the Council can implement it's user pay policy in a fairer manner.

       Although Ohope water assets are newer than most of the Whakatane water scheme
       assets, when it is time to replace the majority of water assets in Ohope within the
       period of next 10 to 30 years, the Whakatane rate payers will contribute to the
       replacement of those assets. The Ohope water supply is elongated, with more pump
       stations and has water pressure problems and therefore the Council believes that
       there are in fact “swings and roundabouts” in terms of who benefits from the
       amalgamation of the schemes. It is administratively simpler to amalgamate the
       schemes and this will result in lower administrative costs.

       A DIVISION WAS CALLED FOR:

        FOR                                       AGAINST
        Mayor Holmes                              Councillor Bonne
        Councillors Chambers                      Councillor Te Kurapa
        Councillor Clark
        Councillor Jarrett
        Councillor Johnston
        Councillor Hanlen
        Councillor Shearer
        Councillor Byrne
        Councillor Orr

       THE MOTION WAS PUT AND CARRIED.




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2009, 19 JUNE 2009, 22 JUNE 2009, 25 JUNE 2009, 26 JUNE 2009, 29 JUNE 2009, 30 JUNE
2009, 2 JULY 2009 –



3.24   Water Meters for Matata and Edgecumbe: 20.13.1, 20.11.1

       RESOLVED:

       THAT the Council confirms the implementation of water meters in the Edgecumbe
       water scheme in 2010/11 and the Matata water scheme in the 2009/10 and 2010/11
       years.

       Reason for Decision:

       The Council recognises that the Edgecumbe and Matata water schemes are
       currently un-metered schemes and that water usage in un-metered water schemes is
       high mainly due to wastage of water by the consumers and due to un-attended water
       leaks within the property boundaries. The Council is expecting to secure 95% of
       capital works from government subsidies for the water meters so that the impact on
       rates for Edgecumbe and Matata is expected to be negligible.

       The Council notes that the main disadvantages of not metering a water scheme are
       as follows:

       (a)     Increased water demand which causes a strain on water resources
       (b)     High water rates - The fixed water rate in an un-metered water scheme is
               calculated on the basis of total volume of water used in the scheme, on the
               cost of water per cubic meter to supply to the scheme and on operations and
               maintenance cost of the water assets in the scheme. Therefore, the higher
               the total water usage in a scheme the higher the water rate for individual
               property. This is unfair for the consumers who conserve water.
       (c)     Un-attended water leaks within private properties can cause contamination of
               reticulated water. This increases the health risk to the community through
               drinking water.

       The Council notes that the main advantages of metering a water scheme are:

       (a)     The demand for water will be reduced when consumers realise the reduced
               cost due to water conservation. This reduces the constraints on water
               resources.
       (b)     Water meters will encourage consumers to promptly repair the leaks within
               private properties which will reduce the health risk to the community due to
               the risk of cross contamination.
       (c)     This is in line with the Council’s user pay philosophy.

       Clark/Jarrett                                                          CARRIED

3.25   Plains Water Supply – Rangitaiki Plains Community Irrigation Strategy:
       20.12.21

       RESOLVED:

       THAT the Rangitaiki Plains Community Irrigation Strategy be included as a project in
       LTCCP 2009-19 and a sum of $35,000 be included in 2009/10 as the Whakatane
       District Council’s contribution to the strategy to be funded in part from the Plains
       Water Supply Scheme.


                                                                              PAGE 97 OF 127
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2009, 19 JUNE 2009, 22 JUNE 2009, 25 JUNE 2009, 26 JUNE 2009, 29 JUNE 2009, 30 JUNE
2009, 2 JULY 2009 –


       Reason for Decision:

       The Council believes that the development of the Rangitaiki Plains Community
       Irrigation Strategy is an important element in the overall development of a 50 year
       strategy for Plains Water Supply which the Council is currently progressing.

       The Council acknowledges that the Whakatane District Council’s contribution cost of
       $35,000 will be funded by the Plains water scheme and thanks the Plains Water
       Supply Special Committee for this initiative.

       Chambers/Orr                                                          CARRIED

3.26   Fees and Charges – Plains Water Scheme – page 17 of Fees and Charges
       Schedule: 20.12.1.1, 27.1.7

       RESOLVED:

       THAT the following changes to the Fees and Charges Schedule for the Plains Water
       Scheme be accepted

              11.3     Plains Water Scheme

              11.3.1

                       (a)    “All connections require engineering approval including an
                              approved water plan outlining design criteria to ensure
                              there is no contamination from the farm supply to the
                              domestic/cowshed supply. A fact sheet is available from
                              the Council outlining various examples of how this can
                              be demonstrated”.

                       (b)    Delete

                       (c)    The daily entitlement is calculated at 0>55 m3/hectare
                              otherwise normal charges apply.

                       (d)    No change

                       (e)    No change

                       (f)    No change

                       (g)    Delete but add in note: No additional thrusting charges
                              will apply.

                       11.3.2 Delete
                       11.3.3 Delete

                       Description of connection

                       General Connection    $1800
                       Awakeri Connection*   $1800 + loan balances outstanding divided by
                       50 properties**


                                                                             PAGE 98 OF 127
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2009, 19 JUNE 2009, 22 JUNE 2009, 25 JUNE 2009, 26 JUNE 2009, 29 JUNE 2009, 30 JUNE
2009, 2 JULY 2009 –


                      * water boundary specified
                      ** availability relates to any property that bounds onto the road
                      reserve or has a legal access from the road reserve


              Reasons for decision:

              1.      The Council accepts that the Plains Water Supply Special Committee
                      undertook a substantial analysis of the Fees and Charges for the
                      Plains Water Scheme and have adopted the recommendations of the
                      Committee which better suits the needs of the Plains users.

              2.      The Council agrees that 11.3.1 (b) be deleted as separate
                      connections are not required for domestic, cowshed and farm
                      supplies. The Council inserts backflow preventers at the property
                      connection and that protects the Council supply from contamination.
                      Domestic/cowshed connections have the same requirement for high
                      quality potable water given Fonterra’s strictly audited standards.
                      Water for farm use is generally separated out using internal farm
                      breaks. In order to reduce the risk of contamination on farm
                      properties it is recommended that the fees and charges schedule be
                      amended to require applicants to provide a “water plan” showing how
                      they intend to provide this protection at the building consent stage. It
                      is proposed that a meeting of interested parties, contractors involved
                      in water supplies, Fonterra representative, a selected group of
                      farmers and staff from the building and engineering departments of
                      Council develop a “best practice” guideline (with examples) to ensure
                      that all parties are clear about the Council requirements to avoid
                      contamination of domestic water supplies without requiring separate
                      connections.

              3.      The Council agrees that 11.3.1 (g) be deleted. Thrusting costs
                      currently depended on which side of the road the pipe was located
                      and the pipe sometimes zigzagged across the road several times for
                      various reasons. It was agreed that a person had a 50% chance of
                      incurring the thrusting cost and this was seen as unfair. It is agreed
                      that all connections contribute to the costs of thrusting regardless of
                      the “luck” of the draw. It was felt that this would be an incentive to
                      reduce thrusting costs. This would add $750 to the connection fee.

              4.      The Council agrees with the deletion of 11.3.2 (b) as the original
                      Braemar scheme users had all paid entitlements at the time of joining
                      the scheme and this was already covered in 11.3.2 (e).

                      And that 11.3.2 (c) to be deleted due to the revision of capital
                      contribution costs.

              5.      The Council agrees to delete 11.3.3 and replace it with a revised
                      description of connections and deleting the capital contribution
                      requirement. The description would differentiate between the original
                      Braemar scheme and the Awakeri extension scheme.




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2009, 19 JUNE 2009, 22 JUNE 2009, 25 JUNE 2009, 26 JUNE 2009, 29 JUNE 2009, 30 JUNE
2009, 2 JULY 2009 –


                      People applying to connect to the Awakeri extension would be
                      required to pay (in addition to the connection fee) a portion of the
                      loan balances outstanding and this would be calculated by defining
                      the boundary of the Awakeri extension and dividing the amount of
                      loan outstanding by 50 connections which is the determined capacity
                      of the existing scheme.

              6.      The Council agrees that the connection fee be increased from $1050
                      to $1800 which includes $750 for thrusting costs per connection.


       Chambers/Orr                                                          CARRIED

3.27   Awakeri Extension Area: 20.12.1

       It was recognised that the cap of 50 connections as agreed to in the previous
       recommendation would require major upgrades of the Awakeri extension to occur in
       order to allow further connections. It was noted that the Manager Utilities was
       calculating the highest risk capacity constraint and would identify those capital
       projects that needed to be undertaken. It was recognised that the Plains Water
       Supply Committee would be undertaking a major review of the funding of the
       scheme, including the charging of development contributions in time for the draft
       Annual Plan 2010/11.

       RESOLVED:

       THAT the Council will seek advice from the Plains Water Supply Special Committee
       regarding the capital works upgrades required in the Awakeri Extension area to be
       included in the draft Annual Plan 2010/11.

       Orr/Clark                                                             CARRIED



THE MEETING ADJOURNED AT 4:07 PM AND RESUMED AT 9:00 AM ON MONDAY,
29 JUNE 2009 IN THE COUNCIL CHAMBERS, CIVIC CENTRE, COMMERCE STREET,
WHAKATANE

PRESENT:              His Worship the Mayor C G H Holmes, Deputy Mayor G I Hanlen,
                      Councillors A A Bonne, E R Byrne, C Chambers, W B Clark,
                      S Jarrett, G V Johnston, I J Shearer, R N Orr and J Te Kurapa

IN ATTENDANCE:        D A Turner (Chief Executive), D C Bewley (Director Environment and
                      Policy), H Read (Director Works and Services), H Barnes (Chief
                      Financial Officer) and C B Hair (Administration Officer Policy),
                      H J Storey (Administration Officer Community)

VISITOR:              P Jones (Financial Consultant)

APOLOGIES:            An apology for lateness was received and sustained on behalf of
                      Deputy Mayor G I Hanlen




                                                                            PAGE 100 OF 127
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2009, 19 JUNE 2009, 22 JUNE 2009, 25 JUNE 2009, 26 JUNE 2009, 29 JUNE 2009, 30 JUNE
2009, 2 JULY 2009 –



       Attendance

       Councillor Hanlen joined the meeting at 9:21 am.

3.28   Composting: 22.4.3

       Refer to tabled document 4797BH-BI.

       The Director Works and Services tabled the document “Financial Impact of the
       Composting Solution” (refer to tabled document 4797BH-BI.

       RESOLVED:

       1.     THAT the Financial Impact for the Composting Solution report be received;
              and

       2.     THAT the Council support and approve the development of an organics
              composting facility and that the Financial amendments to be made to the
              draft LTCCP 2009-2019 that provide the savings are as follows:

              (a)     A net saving of $48,954 in 2009/10
              (b)     A net saving of $257,599in 2010/11
              (c)     A net saving of $223,446 in 2011/12 and
              (d)     Adjustment in 2014/15 to 2018/19 per the recalculations in regard to
                      the landfill option

       3.     THAT a full review of the collection contracts operating frameworks be
              undertaken to support the composting solution for Council consideration by
              December 2009.

       Reason for Decision:

       The Council believes that the development of an organics composting facility shows
       cost advantage which is strategically sound in positioning the Council to minimise
       future waste disposal costs. This proposal needs to be progressed as quickly as
       possible to minimise future disposal costs.

       The Council recognises that the composing facility supports the Waste Minimisation
       Strategy – Zero Waste and in addition provides environmental benefits for the
       community.

       Chambers/Jarrett                                                      CARRIED

       Attendance

       The Administration Officer Community joined the meeting and the Administration
       Officer Policy left the meeting at 9.20 am




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2009, 2 JULY 2009 –



3.29   Remoteness Rating: Te Urewera Subdivision: 9.2.2

       RESOLVED:

       1.      THAT the Council introduces, for the area of the district identified as the Te
               Urewera Subdivision of the Murupara Community Board, a remoteness
               differential as follows:

               (a)     UAC of 0.5 for libraries, pool, parks and reserves
               (b)     0.5 for the Murupara urban rate

       2.      THAT the Council does not introduce a differential on the UAGC for the area
               of the district identified as the Te Urewera Subdivision of the Murupara
               Community Board.

       Reason for Decision:

       The Council accepts that there is an issue of remoteness for those areas of the
       district identified as the Te Urewera Subdivision of the Murupara Community Board
       and this has previously been recognised in the Development Contributions Policy.
       The Council believes that there is a case for a differential to be introduced for UAC’s
       for services such as libraries, pools, parks and reserves. However the Council
       believes that a UAGC should be charged as this applies to all parts of the district and
       covers areas such as cost of democracy and civil defence.

       Hanlen/Bonne                                                             CARRIED

       Refer to section 3.36 for a revised resolution.

3.30   Lowering of UAGC and/or District Wide Parks Rate: 9.2.2

       The Council discussed the level of the UAGC. This matter was deferred until further
       information was received on various scenarios with a range of capital value
       components for the parks and reserves rates.

3.31   Review of Harbour Endowment Fund: 10.4.11, 10.7.1

       A MOTION WAS PROPOSED:


       MOVED:    COUNCILLOR CHAMBERS
       SECONDED: COUNCILLOR BYRNE

       THAT Council does not review the proposed appropriateness of the legislative
       framework controlling the use of the harbour fund.

       Reason for Decision:

       The Council considered the number of submissions received against the review of
       the harbour endowment fund. The Council believes that the original purpose of the
       Order in Council entrusts the Council with the good management and proper use of
       the assets of the former Harbour Board. The Council recognises that the money
       received from the harbour leases from reclaimed land should be used to address the
       consequences of reclaiming the land on the tidal prism.
                                                                                PAGE 102 OF 127
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2009, 19 JUNE 2009, 22 JUNE 2009, 25 JUNE 2009, 26 JUNE 2009, 29 JUNE 2009, 30 JUNE
2009, 2 JULY 2009 –


       The Council accepts that the money needs to be used on a safe, all tide workable
       harbour entrance and that works to achieve this goal will be costly.

       The Council is cognisant of the impact bar restrictions have on all harbour users and
       particularly commercial operators. During the period 2009/11 the Council will be
       undertaking a project that involves investigating a complete long term solution
       through a river and coastal modelling project. The objective of the project is to find a
       result that will provide an all tide entrance harbour and for which consent can be
       gained.

       A DIVISION WAS CALLED FOR:

        FOR                                         AGAINST
        Councillor Chambers                         Mayor Holmes
        Councillor Bonne                            Councillor Orr
        Councillor Jarrett                          Councillor Clark
        Councillor Johnston                         Councillor Hanlen
        Councillor Shearer
        Councillor Byrne
        Councillor Te Kurapa

       THE MOTION WAS PUT AND CARRIED.

3.32   Harbour Fund – Toi EDA: 10.4.11, 10.7.1, 9.2.2

       A MOTION WAS PROPOSED:

       MOVED:    COUNCILLOR BONNE
       SECONDED: COUNCILLOR JARRETT

       THAT the sum of $100,000 not be used from the Harbour Endowment Fund to fund
       Toi EDA.

       Reason for Decision:

       The Council considered the submissions against the use of $100,000 of the harbour
       endowment fund towards the general rate component of the economic development
       activities.

       The Council believes that the original purpose of the Order in Council entrusts the
       Council with the good management and proper use of the assets of the former
       Harbour Board. The Council recognises that the money received from the harbour
       leases from reclaimed land should be used to address the consequences of
       reclaiming the land on the tidal prism. The Council accepts that the money needs to
       be used on a safe, all tide workable harbour entrance and that works to achieve this
       goal will be costly.

       A DIVISION WAS CALLED FOR:

        FOR                                         AGAINST
        Mayor Holmes                                Councillor Shearer
        Councillors Chambers
        Councillor Clark
        Councillor Jarrett
                                                                                PAGE 103 OF 127
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2009, 19 JUNE 2009, 22 JUNE 2009, 25 JUNE 2009, 26 JUNE 2009, 29 JUNE 2009, 30 JUNE
2009, 2 JULY 2009 –


        Councillor Johnston
        Councillor Hanlen
        Councillor Bonne
        Councillor Byrne
        Councillor Orr
        Councillor Te Kurapa

       THE MOTION WAS PUT AND CARRIED.

3.33   Harbour Fund – District Wide Disaster Mitigation Costs: 10.4.11, 10.7.1, 9.2.2

       A MOTION WAS PROPOSED:

       MOVED:    COUNCILLOR CLARK
       SECONDED: COUNCILLOR CHAMBERS

       THAT the Council does not fund any portion of the disaster mitigation costs from the
       from the Harbour Endowment Fund

       Reason for Decision:

       The Council considered the submissions against the use of harbour endowment fund
       to fund the District-wide portion of the disaster mitigation costs.

       The Council believes that the original purpose of the Order in Council entrusts the
       Council with the good management and proper use of the assets of the former
       Harbour Board. The Council recognises that the money received from the harbour
       leases from reclaimed land should be used to address the consequences of
       reclaiming the land on the tidal prism. The Council accepts that the money needs to
       be used on a safe, all tide workable harbour entrance and that works to achieve this
       goal will be costly.

       A DIVISION WAS CALLED FOR:

        FOR                                       AGAINST
        Mayor Holmes                              Councillor Hanlen
        Councillors Chambers
        Councillor Clark
        Councillor Jarrett
        Councillor Johnston
        Councillor Shearer
        Councillor Bonne
        Councillor Byrne
        Councillor Orr
        Councillor Te Kurapa

       THE MOTION WAS PUT AND CARRIED.




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2009, 19 JUNE 2009, 22 JUNE 2009, 25 JUNE 2009, 26 JUNE 2009, 29 JUNE 2009, 30 JUNE
2009, 2 JULY 2009 –



3.34   Funding Toi EDA: 9.2.2

       RESOLVED:

       THAT the funding of $100,000 for Toi EDA (which is no longer to be funded by the
       Harbour Fund) plus an additional $50,000 (as requested by Toi EDA) is to be funded
       by way of a rate in the dollar on commercial/industrial properties in the District.

       Reason for Decision:

       The Council supported the request by Toi EDA for additional funding and noted that
       the amount contributed by the Whakatane District Council had remained static for a
       number of years. The Council believes that Toi EDA successfully markets and
       promotes the district with limited resources and recognises the need for more
       resources.

       The Council believes that the overall rates for commercial and industrial properties
       will be reduced significantly in 2009/10 and that this presents an opportunity to
       increase the Toi EDA funding at this point in time without placing an undue burden on
       these businesses.

       Mayor Holmes/Bonne                                                        CARRIED

       Councillors Orr and Shearer wished their votes against the motion to be recorded.

       Attendance

       The Administration Officer Community left and the Administration Officer Policy and
       the Strategic Policy Analyst joined the meeting at 12:34 pm.

3.35   Governance Arrangements – Representation Review: 1.3.2

       RESOLVED:

       THAT the submissions that have been received on representation options be
       formally received and submitters advised that their submission will be considered as
       part of the representation review.

       Reason for Decision:

       The Council will be considering all representation review comments received through
       the LTCCP process at a meeting on 9 July 2009, at which time it is anticipated that
       an initial decision will be made on the Council’s representation for 2010 and 2013.
       This decision will provide the basis for the formal public consultation process required
       under that Act. This process will not be completed until after the finalisation of the
       LTCCP.

       Shearer/Bonne                                                             CARRIED

       A MOTION WAS PROPOSED:




                                                                                PAGE 105 OF 127
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2009, 2 JULY 2009 –



       MOVED:    COUNCILLOR HANLEN
       SECONDED: MAYOR HOLMES

       THAT the LTCCP budgets from the 2010 elections onwards be based on a
       representation model disestablishing the Community Boards.

       Reason for Decision:

       The Council made a decision to signal in the draft LTCCP that it was undertaking a
       review of representation and included information on the implications of a smaller
       council and the replacement of Community Boards with other arrangements for
       community representation including the options of ratepayer associations and more
       targeted consultation. The budgets from the 2010-11 financial year were based on
       the representation model as outlined in the draft Plan. The representation decision
       does not impact on the budget for 2009-10. The financial implications will have to be
       included in the Annual Plan for 2010-11 and subsequent annual plans. The Council
       will continue to include a reduced budget for governance, but will need to ensure that
       the risks are clearly identified within the adopted Plan.

       A DIVISION WAS CALLED FOR:

        FOR                                         AGAINST
        Mayor Holmes                                Councillor Chambers
        Councillor Orr                              Councillor Bonne
        Councillor Hanlen                           Councillor Clark
        Councillor Johnston                         Councillor Jarrett
                                                    Councillor Shearer
                                                    Councillor Byrne
                                                    Councillor Te Kurapa

       THE MOTION WAS PUT AND LOST.

       A MOTION WAS PROPOSED:

       MOVED:    COUNCILLOR BYRNE
       SECONDED: COUNCILLOR CLARK

       THAT the LTCCP document and budgets from the 2010 elections onwards be based
       on a representation model of the status quo which includes 10 Councillors and five
       Community Boards.

       Reason for Decision:

       The Representation review is a separate process to the LTCCP and is carried out
       under the Local Electoral Act 2001.             The Council will be considering all
       representation review comments received through the LTCCP process at a meeting
       on 9 July 2009, at which time it is anticipated that an initial decision will be made on
       the Councils representation for 2010 and 2013. This decision will provide the basis
       for the formal public consultation process required under that Act. This process will
       not be completed until after the finalisation of the LTCCP.



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2009, 2 JULY 2009 –



       The Council has determined that the status quo for the representation model remain
       in place and be included in the LTCCP document and financials, i.e. 10 Councillors
       and five Community Boards, until after the representation review has been
       completed. The Council does not want to pre-empt any decision that may be made
       during the Representation Review process. A final decision on the representation
       arrangements will be known in time for the 2010 elections and the Council will be
       able to amend the budget for the draft Annual Plan 2010/11 to reflect the final
       arrangements.

       A DIVISION WAS CALLED FOR:

        FOR                                       AGAINST
        Councillor Chambers                       Mayor Holmes
        Councillor Bonne                          Councillor Hanlen
        Councillor Clark
        Councillor Jarrett
        Councillor Shearer
        Councillor Byrne
        Councillor Te Kurapa
        Councillor Orr
        Councillor Johnston

       THE MOTION WAS PUT AND CARRIED.

3.36   Remoteness Rate – Te Urewera Subdivision Rate: 9.2.2

       The Chief Financial Officer tabled figures relating to the proposed remoteness rate
       for the Te Urewera Subdivision (refer to tabled document 4797BJ).

       RESOLVED:

       THAT the Council revisit the earlier resolution relating to the Remoteness Rate for
       the Te Urewera Subdivision as per Standing Order 3.9.17.

       Mayor Holmes/Te Kurapa                                CARRIED UNANIMOUSLY

       RESOLVED:

       1.     THAT the Council introduces, for the area of the district identified as the Te
              Urewera Subdivision of the Murupara Community Board, a remoteness
              differential as follows:

              (a)     UAC be a half charge of the Murupara rural swimming pool rate and
                      half charge on the Murupara library rural rate
              (b)     UAC of 0.5 for parks and reserves
              (c)     0.5 for the Murupara urban rate

       2.     THAT the Council does not introduce a differential on the UAGC for the area
              of the district identified as the Te Urewera Subdivision of the Murupara
              Community Board



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2009, 2 JULY 2009 –



       Reason for Decision:

       The Council accepts that there is an issue of remoteness for those areas of the
       district identified as the Te Urewera Subdivision of the Murupara Community Board
       and this has previously been recognised in the Development Contributions Policy.
       The Council believes that there is a case for a differential to be introduced for UAC’s
       for services such as libraries, pools, parks and reserves. However the Council
       believes that a UAGC should be charged as this applies to all parts of the district and
       covers areas such as cost of democracy and civil defence.

       Hanlen/Bonne                                                             CARRIED

3.37   Rating – Stormwater: 9.2.2

       The Chief Financial Officer was asked to model the differential for stormwater.

3.38   Undergrounding of Power Lines: 16.6.3
       RESOLVED:

       1.     THAT the Council not fund power undergrounding; and

       2.     THAT the Council continues discussions with the East Bay Energy Trust,
               Horizon Energy and Telecom regarding the funding of power undergrounding
               in the District.

       Reason for Decision:

       The Council has made a decision not to fund power undergrounding on the basis that
       the Council believes this is an activity that should be funded by the East Bay Energy
       Trust and Horizon Energy. The Council has delayed a number of projects as a result
       of the current economic conditions and due to the need to focus expenditure on key
       infrastructural assets.

       The Council recognizes that the East Bay Energy Trust is adamant that they will not
       be funding power undergrounding through the District without input from the
       Whakatane District Council and therefore the undergrounding programme is in
       abeyance at this point in time.

       The Council also believes that Telecom should be invited to participate because of
       the benefits this would bring to the extension of their broadband capacity.

       Holmes/Hanlen                                                      CARRIED


THE MEETING ADJOURNED AT 4:50 PM AND RESUMED AT 2:30 PM ON TUESDAY, 30
JUNE 2009 IN THE COUNCIL CHAMBERS, CIVIC CENTRE, COMMERCE STREET,
WHAKATANE

PRESENT:               His Worship the Mayor C G H Holmes, Deputy Mayor G I Hanlen,
                       Councillors A A Bonne, E R Byrne, C Chambers, W B Clark,
                       S Jarrett, G V Johnston, I J Shearer, R N Orr and J Te Kurapa


                                                                                PAGE 108 OF 127
WHAKATANE DISTRICT COUNCIL—EXTRAORDINARY MEETING: 17 JUNE 2009, 18 JUNE
2009, 19 JUNE 2009, 22 JUNE 2009, 25 JUNE 2009, 26 JUNE 2009, 29 JUNE 2009, 30 JUNE
2009, 2 JULY 2009 –


IN ATTENDANCE:         D A Turner (Chief Executive), D C Bewley (Director Environment and
                       Policy), H Read (Director Works and Services), H Barnes (Chief
                       Financial Officer) and C B Hair (Administration Officer Policy)

VISITOR:               P Jones (Financial Consultant)


3.39   Rating: 9.2.2

       The Chief Financial Officer tabled the following documents:

              Change in UAC rates (refer to tabled document 4797BK)
              Graph Number of Whakatane/Commercial/Industrial Properties by Valuation
               (refer to tabled document 4797BL)
              Proposed Changes based on UAC reduced from $325 to $200 with the UAC
               for Parks and Reserves at 50% (refer to tabled document 4797BM)
              Proposed Changes based on UAC reduced from $325 to $200 with the UAC
               for Parks and Reserves at $183.13 (refer to tabled document 4797BN)

       The Chief Financial Officer advised that the rationale to reduce the UAGC from $325
       to $200 was the introduction of UACs for the library, parks and stormwater activities.

       The Chief Financial Officer advised that the intent would be to avoid rating shocks
       and sharp rate increases and provide a transition of these UAC’s over a period of
       time. She stated that the intent would be to increase the UAGC over three years.

3.39.1 Parks Rate UAC

       A MOTION WAS PROPOSED:

       MOVED:    MAYOR HOLMES
       SECONDED: COUNCILLOR CLARK

       THAT the Council retains a full UAC for the District wide parks rate.

       A DIVISION WAS CALLED FOR:

        FOR                                         AGAINST
        Mayor Holmes                                Councillor Chambers
        Councillor Clark                            Councillor Bonne
        Councillor Orr                              Councillor Jarrett
        Councillor Hanlen                           Councillor Byrne
        Councillor Johnston
        Councillor Shearer
        Councillor Te Kurapa

       THE MOTION WAS PUT AND CARRIED




                                                                               PAGE 109 OF 127
WHAKATANE DISTRICT COUNCIL—EXTRAORDINARY MEETING: 17 JUNE 2009, 18 JUNE
2009, 19 JUNE 2009, 22 JUNE 2009, 25 JUNE 2009, 26 JUNE 2009, 29 JUNE 2009, 30 JUNE
2009, 2 JULY 2009 –



3.39.2 Stormwater UAC

       RESOLVED:

       THAT the Stormwater rate to be recovered by way of a 25% UAC with 75% to be
       recovered by way of a capital value rate across the District with a 2.2 differential to
       be applied on Whakatane commercial/industrial properties.

       Reason for Decision:

       The Council considered that stormwater will be based on which catchment the
       property is in and will be charged as a uniform annual charge of 25% and 75% to be
       recovered by way of a capital value rate, except for Whakatane commercial/industrial
       properties which has a differential of 2.2 applied.

       The existing Works and Facility rate, which includes the recovery for stormwater, has
       an existing 2.2 differential therefore the Council considered it reasonable that the 2.2
       differential for Whakatane commercial properties continues.

       Mayor Holmes/Chambers                                                     CARRIED

3.40   Public Conveniences

       Attendance

       The Manager Community Facilities joined the meeting at 4:29 pm.

       The Manager Community Facilities outlined the public conveniences proposed in the
       draft LTCCP. Discussion centred on the previous year’s resolution relating to toilet
       facilities at Mitchell Park, Taneatua. It was noted that the Council will consider
       whether or not to construct toilet facilities at Mitchell Park, Taneatua in three to six
       years time (in time for inclusion in the next LTCCP).

       Attendance

       The Manager Community Facilities left the meeting at 4:50 pm.

3.41   Rating Continued: 9.2.2

3.41.1 UAGC

       A MOTION WAS PROPOSED:

       MOVED:    COUNCILLOR CHAMBERS
       SECONDED: COUNCILLOR BONNE

       THAT the Uniform Annual General Charge (UAGC) to be reduced from $325 to $200
       for 2009/10.




                                                                                PAGE 110 OF 127
WHAKATANE DISTRICT COUNCIL—EXTRAORDINARY MEETING: 17 JUNE 2009, 18 JUNE
2009, 19 JUNE 2009, 22 JUNE 2009, 25 JUNE 2009, 26 JUNE 2009, 29 JUNE 2009, 30 JUNE
2009, 2 JULY 2009 –



       Reason for Decision:

       The Council has decided to reduce the UAGC from $325 to $200 because of the
       effect of the introduction of UAC’s for library, parks, refuse and stormwater. The
       Council believes that this is consistent with the Council’s rating philosophy.

       The Council was mindful of the significant rate increases particularly for lower valued
       properties as a result of the decision to not introduce SUIPs in 2009/10.

       The Council will reconsider the introduction of SUIPs including revised criteria and
       further clarity in 2010/11 and this will necessitate a review of the UAGC.

       AN AMENDMENT WAS PROPOSED:

       MOVED:    COUNCILLOR ORR
       SECONDED: MAYOR HOLMES

       THAT the UAGC be reduced from $325 to $250 for 2009/10.

       Reason for Decision:

       The Council has decided to reduce the UAGC from $325 to $250 because of the
       effect of the introduction of UAC’s for library, parks, refuse and stormwater. The
       Council believes that this is consistent with the Council’s rating philosophy.

       The Council was mindful of the significant rate increases for lower valued properties
       as a result of the decision to not introduce SUIPs in 2009/10.

       The Council will reconsider the introduction of SUIPs including revised criteria and
       further clarity in 2010/11 and this will necessitate a review of the UAGC.

       A DIVISION WAS CALLED FOR:

        FOR                                        AGAINST
        Mayor Holmes                               Councillor Chambers
        Councillor Orr                             Councillor Bonne
        Councillor Johnston                        Councillor Clark
                                                   Councillor Hanlen
                                                   Councillor Jarrett
                                                   Councillor Shearer
                                                   Councillor Byrne
                                                   Councillor Te Kurapa

       THE AMENDMENT WAS PUT AND LOST.

       THE ORIGINAL MOTION WAS PUT.

       A DIVISION WAS CALLED FOR:

        FOR                                        AGAINST
        Councillor Chambers                        Mayor Holmes
        Councillor Bonne                           Councillor Orr
        Councillor Clark                           Councillor Johnston
                                                                                PAGE 111 OF 127
WHAKATANE DISTRICT COUNCIL—EXTRAORDINARY MEETING: 17 JUNE 2009, 18 JUNE
2009, 19 JUNE 2009, 22 JUNE 2009, 25 JUNE 2009, 26 JUNE 2009, 29 JUNE 2009, 30 JUNE
2009, 2 JULY 2009 –


        Councillor Hanlen
        Councillor Jarrett
        Councillor Shearer
        Councillor Byrne
        Councillor Te Kurapa

       THE MOTION WAS PUT AND CARRIED.

3.41.2 Disaster Mitigation Funding Policy: 24.7.12

       RESOLVED:

       1.     THAT the Hazard Mitigation budget be amended for 2009/10 by reducing the
              funding for the Awatarariki debris detention structure in the 2009/10 financial
              year; and

       2.     THAT the Matata catchment rate for disaster mitigation be reduced from
              $354.48 to $274 in 2009/10 to reflect the reduction in the Hazard Mitigation
              budget; and

       3.     THAT the Hazard Mitigation Funding Policy be reviewed for inclusion in the
              draft Annual Plan 2010/11.

       Reason for Decision:

       The Council recognises that the Awatarariki debris detention structure would not be
       constructed in the next twelve months and the funding for this project has been
       reduced for 2009/10. The Council recognises that the effect of this reduction in the
       budget would be a reduction in the Matata catchment disaster mitigation rate from
       $354.48 to $274 per property.

       The Council acknowledges that the submissions from Matata were requesting the
       introduction of a cap of $250. The Council has resolved to review the Hazard
       Mitigation Policy during 2009/10 in time for consultation through the Annual Plan
       2010/11.

        The Council was mindful that the Hazard Mitigation Funding Policy applies to all
       disaster mitigation works in the District and that the policy had been previously
       consulted in the 2006-16 Long Term Council Community Plan (LTCCP) and then
       reviewed alongside the 2008/09 Annual Plan. The Council notes that the policy was
       not included for consultation as part of the LTCCP 2009/19 specifically and for this
       reason, residents from across the District were not provided with information to
       comment on any potential changes to the policy such as the effects of the
       introduction of a cap of $250 for Matata.

       Clark/Chambers                                                          CARRIED

3.42   Arts and Culture Centre: 24.8.8

       Members Interest

       Mayor Holmes declared a members interest in the matter relating to the alternative
       buildings and left the meeting at 6:20 pm.

                                                                               PAGE 112 OF 127
WHAKATANE DISTRICT COUNCIL—EXTRAORDINARY MEETING: 17 JUNE 2009, 18 JUNE
2009, 19 JUNE 2009, 22 JUNE 2009, 25 JUNE 2009, 26 JUNE 2009, 29 JUNE 2009, 30 JUNE
2009, 2 JULY 2009 –


       Deputy Mayor Hanlen chaired the meeting from 6:20 pm.

       The Director Works and Services advised that he would be sending out further
       information tomorrow to be discussed on Thursday, 2 December 2009.

3.43   Weathertightness Claims: 26.8.2

3.43.1 Resolution to Exclude the Public

       RESOLVED:

       THAT the public be excluded from the following parts of the proceedings of this
       meeting, namely:

             Weathertightness Claims - Liability
       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:

            General subject       Reason for passing this      Ground(s) under section 48(1)
            of each matter to     resolution in relation to    for the passing of this resolution
            be considered         each matter



        . Weathertightness        Good reason to withhold      That the public conduct of the
        1 Claims - Liability      exists under Section 7.      relevant part of the proceedings of
                                                               the meeting would be likely to
                                                               result in the disclosure of
                                                               information for which good reason
                                                               for withholding exists.

                                                               Section 48(1)(a)


       This resolution is made in reliance on sections 48(1)(a) of the Local Government
       Official Information and Meetings Act 1987 and the particular interest or interests
       protected by section 7 of that Act, which would be prejudiced by the holding of the
       relevant part of the proceedings of the meeting in public are as follows:


          Item No                                       Interest

                       Enable the Council to carry on, without prejudice or disadvantage,
        1
                       negotiations, including commercial and industrial negotiations

        1              Maintain legal professional privilege



       Byrne/Jarrett                                                              CARRIED

                                                                                  PAGE 113 OF 127
WHAKATANE DISTRICT COUNCIL—EXTRAORDINARY MEETING: 17 JUNE 2009, 18 JUNE
2009, 19 JUNE 2009, 22 JUNE 2009, 25 JUNE 2009, 26 JUNE 2009, 29 JUNE 2009, 30 JUNE
2009, 2 JULY 2009 –


3.43.2 Resumption of Open Meeting

       After the above items had been considered, the public were readmitted to the
       meeting.

3.43.3 Resolution on Weathertightness Claims – Liability released into public arena.

       RESOLVED:

       1.      THAT the report "Weathertightness Claims – Liability" be received; and

       2.      THAT the Whakatane District Council include a budgetary provision of
               $100,000 for the next three years, and $70,000 each year thereafter in the
               LTCCP 2009 -2019, to establish a reserve account to meet Council’s ongoing
               costs associated with defending weathertightness claims.

       Reason for Decision:

       The Council’s current budget of $20,000 is seen as an unrealistic amount in terms of
       the known outstanding weathertightness claims. The Council will reassess the
       ongoing commitment to the reserve fund each year.

       Clark/Jarrett                                                              CARRIED

THE MEETING ADJOURNED AT 7:31 PM AND RESUMED AT 9:00 AM ON THURSDAY,
2 JULY 2009 IN THE COUNCIL CHAMBERS, CIVIC CENTRE, COMMERCE STREET,
WHAKATANE

PRESENT:               His Worship the Mayor C G H Holmes, Deputy Mayor G I Hanlen,
                       Councillors A A Bonne, E R Byrne, C Chambers, W B Clark,
                       S Jarrett, G V Johnston, I J Shearer, R N Orr and J Te Kurapa

IN ATTENDANCE:         D A Turner (Chief Executive), D C Bewley (Director Environment and
                       Policy), H Read (Director Works and Services), H Barnes (Chief
                       Financial Officer), D Gatland (Director Corporate Services),
                       J Gardyne (Senior Strategic Policy Analyst), and C B Hair
                       (Administration Officer Policy)

VISITOR:               P Jones (Financial Consultant)

APOLOGIES:             An apology for lateness was received and sustained on behalf of
                       Deputy Mayor G I Hanlen


3.44   Staff Submissions

3.44.1 Rapid Numbers for Rural Properties: 15.2.5

       Refer to tabled document 4797BO-BV.

       The Chief Executive spoke to the tabled report. She requested Council’s approval
       for a project to replace the RAPID numbers that identify each rural property in the
       district due to the deterioration of an acceptable level of the current numbers in place.

                                                                                 PAGE 114 OF 127
WHAKATANE DISTRICT COUNCIL—EXTRAORDINARY MEETING: 17 JUNE 2009, 18 JUNE
2009, 19 JUNE 2009, 22 JUNE 2009, 25 JUNE 2009, 26 JUNE 2009, 29 JUNE 2009, 30 JUNE
2009, 2 JULY 2009 –



       RESOLVED:

       1.      THAT the report “Replacement of RAPID numbers for rural properties” be
               received; and

       2.      THAT expenditure of $116,000 be included in the Council’s budget for
               2009/10 for the implementation of the replacement of RAPID numbers for
               rural properties; and

       3.      THAT the $116,000 funding be by way of a UAC as a targeted rate against
               rural properties in the 2010/11 year;

       4.      THAT funding of $8,000 be provided from 2010-11 financial year for the
               ongoing maintenance of the RAPID numbering programme.

       Reasons for Decision:

       1.      The Council recognises that the existing RAPID numbering system
               throughout the District has deteriorated to an unacceptable level. The
               Council believes that the replacement of RAPID numbers is important for the
               health and safety of the rural community.

       2.      The Council took notice of the concerns raised by the Fire Service, the Police
               and other emergency services who rely on these rural numbers to direct
               them to the correct address and they have stated that if an address is not
               able to be easily found there is a risk, in the worst case scenario, that a life
               could be lost.

       3.      The Council recognises that inferior quality numbers had been installed
               initially and there had also been a failure to publish property owners
               responsibilities to maintain the numbers. The Council will ensure that rural
               property owners are aware of their ongoing responsibilities to maintain the
               issued RAPID owners.

       4.      The Council believes that this is a community project and the Council can
               work with community organisations.

       Clark/Jarrett                                                             CARRIED

3.44.2 Air Conditioning in the Civic Centre: 10.4.1

       Refer to tabled document 4797BW-DD.

       The Chief Executive tabled a report “Air-conditioning in the Civic Centre” (refer to
       tabled document 4797BW-DD).

       RESOLVED:

       1.      THAT the report “Air Conditioning in the Civic Centre Report” be received;
               and

       2.      THAT further investigations into options for improving temperature control be
               completed in the 2009/10 year; and
                                                                                PAGE 115 OF 127
WHAKATANE DISTRICT COUNCIL—EXTRAORDINARY MEETING: 17 JUNE 2009, 18 JUNE
2009, 19 JUNE 2009, 22 JUNE 2009, 25 JUNE 2009, 26 JUNE 2009, 29 JUNE 2009, 30 JUNE
2009, 2 JULY 2009 –



       3.      THAT air-conditioning be installed in the Customer Services area, using
               existing budgets.

       Reason for Decision:

       The Council recognises the temperature control issues in relation to the Civic Centre
       building and will investigate options in the 2009/10 year. The Council will install air
       conditioning in the Customer Services area using existing budgets as this has been
       recognised as an area requiring urgent attention.

       Chambers/Mayor Holmes                                                    CARRIED

3.44.3 Refuse Collection – Fees and Charges for part charges: 9.2.2


       RESOLVED:

       THAT the fees and charges schedule for 2009/10 be amended by the addition of a
       fee and charge for the provision of an additional refuse bin part way through the year.
       The fee to be based on a targeted property rate for refuse disposal and be pro-rated
       based on a per month basis.

       Reason for Decision:

       The Council recognises that the Council is unable to rate for a wheelie bin asked for
       part way through the year and therefore an additional fee and charge is the fairest
       and most efficient method for charging for this service.

       Chambers/Bonne                                                           CARRIED

3.44.4 Correct rate Edgecumbe wastewater: 9.2.2

       The Chief Financial Officer advised that there had been an incorrect figure relating to
       Edgecumbe wastewater and instead of $226,000 it should read $454,000. She noted
       that the Edgecumbe-Tarawera Community Board had been advised of this correction
       at their meeting as soon as it was discovered.

       RESOLVED:

       THAT the Edgecumbe wastewater rate be corrected in the LTCCP 2009/19 and the
       rating tables on pages 49 and 50 be amended as follows:

       Rate Revenue:           $374,061
       Connection fee:         $424.59 and not $232.61 as stated
       Availability:           $212.29 and not $116.30 as stated

       Edgecumbe rates:        Average Edgecumbe property $2,200.22

       Total rates 2008/09                     $1,938.08
       Total rates 2008/09 policy change       $1,996.88
       Total rates 2009/10                     $2,200.22

       Policy only change $                    $ 58.80
                                                                                PAGE 116 OF 127
WHAKATANE DISTRICT COUNCIL—EXTRAORDINARY MEETING: 17 JUNE 2009, 18 JUNE
2009, 19 JUNE 2009, 22 JUNE 2009, 25 JUNE 2009, 26 JUNE 2009, 29 JUNE 2009, 30 JUNE
2009, 2 JULY 2009 –


       Percentage change                     3.03%
       Total Change 2008/09 to 2009/10       $262.14
       Percentage Change                     13.53%

       Reason for Decision:

       The Council made an error in the draft LTCCP as the Edgecumbe water rate revenue
       requirement was incorrectly used to calculate the connection charge. The revenue
       requirement for water was significantly lower than the requirement for Edgecumbe
       wastewater and therefore the rate per connection was significantly lower than
       required.

       The correction to this rate also amends the rating information on pages 49 and 50 of
       Volume One.

       The Council made this error known to the Edgecumbe-Tarawera Community Board
       once it had been discovered.

       Clark/Johnston                                                         CARRIED

       Attendance

       The Director Corporate Services joined the meeting at 10:11 am.

3.44.5 Corporate Risk Management Framework: 3.5.5

       RESOLVED:

       THAT the Council include funding of $12,000 for the Corporate Risk Management
       Framework in the 2009/10 budget to be funded by way of a general rate.

       Reason for Decision:

       The Council recognises that professional quality assurance and revision will be
       required in the development of the Corporate Risk Management Framework.

       Clark/Jarrett                                                          CARRIED

3.44.6 Development Contributions Provision for Smaller Household Units: 27.1.1.7

       Refer to tabled document 4797DE-DJ.

       The Director Environment and Policy spoke to the tabled report (refer to tabled
       document 4797DE-DJ).

3.45   Arts and Culture Centre: 24.8.8

3.45.1 Public Excluded Business

       Resolution to Exclude the Public




                                                                             PAGE 117 OF 127
WHAKATANE DISTRICT COUNCIL—EXTRAORDINARY MEETING: 17 JUNE 2009, 18 JUNE
2009, 19 JUNE 2009, 22 JUNE 2009, 25 JUNE 2009, 26 JUNE 2009, 29 JUNE 2009, 30 JUNE
2009, 2 JULY 2009 –



       A MOTION WAS PROPOSED:

       MOVED:    His Worship the Mayor
       SECONDED: Clark

       THAT the public be excluded from the following parts of the proceedings of this
       meeting, namely:

              1.Arts and Culture Centre


       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:

           General subject       Reason for passing this      Ground(s) under section 48(1)
           of each matter to     resolution in relation to    for the passing of this resolution
           be considered         each matter



        . Arts and Culture       Good reason to withhold      That the public conduct of the
        1 Centre                 exists under Section 7.      relevant part of the proceedings of
                                                              the meeting would be likely to
                                                              result in the disclosure of
                                                              information for which good reason
                                                              for withholding exists.

                                                              Section 48(1)(a)

       This resolution is made in reliance on sections 48(1)(a) of the Local Government
       Official Information and Meetings Act 1987 and the particular interest or interests
       protected by section 7 of that Act, which would be prejudiced by the holding of the
       relevant part of the proceedings of the meeting in public are as follows:

          Item No                                       Interest

                      Enable the Council to carry on, without prejudice or disadvantage,
        1,2
                      negotiations, including commercial and industrial negotiations


       THE MOTION WAS PUT AND LOST.

       Refer to section 3.47 for continuation of this item.

       Attendance

       Councillor Hanlen joined the meeting at 11:28 am.



                                                                                 PAGE 118 OF 127
WHAKATANE DISTRICT COUNCIL—EXTRAORDINARY MEETING: 17 JUNE 2009, 18 JUNE
2009, 19 JUNE 2009, 22 JUNE 2009, 25 JUNE 2009, 26 JUNE 2009, 29 JUNE 2009, 30 JUNE
2009, 2 JULY 2009 –



3.46   Berthage Fees: 27.1.7

       Member’s Interests

       Councillor Bonne declared a members interest in this matter and left the meeting at
       11:36 am.

       The Council discussed Berthage fees and deferred the matter for later in the
       meeting.

       Attendance

       Councillor Bonne joined the meeting at 11:42 am after the item has been completed.

3.47   Arts and Culture Centre: 24.8.8

       Member’s Interest

       Mayor Holmes declared a Member’s Interest and left the meeting at 1:00 pm and the
       Deputy Mayor Chaired the meeting from this point.

3.47.1 Public Excluded Business

       Resolution to Exclude the Public

       RESOLVED:

       THAT the public be excluded from the following parts of the proceedings of this
       meeting, namely:

            1.Arts and Culture Centre


       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:

           General subject      Reason for passing this      Ground(s) under section 48(1)
           of each matter to    resolution in relation to    for the passing of this resolution
           be considered        each matter



        . Arts and Culture      Good reason to withhold      That the public conduct of the
        1 Centre                exists under Section 7.      relevant part of the proceedings of
                                                             the meeting would be likely to
                                                             result in the disclosure of
                                                             information for which good reason
                                                             for withholding exists.

                                                             Section 48(1)(a)

                                                                                PAGE 119 OF 127
WHAKATANE DISTRICT COUNCIL—EXTRAORDINARY MEETING: 17 JUNE 2009, 18 JUNE
2009, 19 JUNE 2009, 22 JUNE 2009, 25 JUNE 2009, 26 JUNE 2009, 29 JUNE 2009, 30 JUNE
2009, 2 JULY 2009 –



       This resolution is made in reliance on sections 48(1)(a) of the Local Government
       Official Information and Meetings Act 1987 and the particular interest or interests
       protected by section 7 of that Act, which would be prejudiced by the holding of the
       relevant part of the proceedings of the meeting in public are as follows:

          Item No                                      Interest

                     Enable the Council to carry on, without prejudice or disadvantage,
        1
                     negotiations, including commercial and industrial negotiations


       Chambers/Clark                                                           CARRIED

3.47.2 Resumption of Open Meeting

       After the above items had been considered, the public were readmitted to the
       meeting.

3.47.3 Resolutions to be Released into Public Arena

3.47.4 Arts and Culture Centre Funding

       A MOTION WAS PROPOSED:

       MOVED:    COUNCILLOR CHAMBERS
       SECONDED: COUNCILLOR BYRNE

       THAT funding to support capex expenditure of $3.25 million be included in the next
       financial year to support further investigation of the retro fit out of the library and
       museum and the exploration of Options 2A (i) and 2A (ii).

       Reason for Decision:

       The Council recognises that a long term solution is required to remedy the critical
       situations in the library and museum in terms of the space shortages, environmental
       controls and appropriate facilities. The Council recognises the community demand
       and desire for upgrading of the library and museum and gallery facilities. The Council
       will explore the options of retrofitting the buildings suggested by submitters i.e. the
       Niederer Plaza and the Briscoes building.

       A DIVISION WAS CALLED FOR:

        FOR                                        AGAINST
        COUNCILLOR CHAMBERS                        COUNCILLOR BONNE
        COUNCILLOR HANLEN                          COUNCILLOR ORR
        COUNCILLOR JARRETT                         COUNCILLOR CLARK
        COUNCILLOR SHEARER                         COUNCILLOR JOHNSTON
        COUNCILLOR BYRNE                           COUNCILLOR TE KURAPA

       MAYOR HOLMES HAVING DECLARED A MEMBERS INTEREST WAS ABSENT
       FROM THE MEETING FOR THIS VOTE.


                                                                                PAGE 120 OF 127
WHAKATANE DISTRICT COUNCIL—EXTRAORDINARY MEETING: 17 JUNE 2009, 18 JUNE
2009, 19 JUNE 2009, 22 JUNE 2009, 25 JUNE 2009, 26 JUNE 2009, 29 JUNE 2009, 30 JUNE
2009, 2 JULY 2009 –


       THE MOTION WAS PUT AND CARRIED WITH THE CASTING VOTE OF THE
       CHAIRPERSON COUNCILLOR HANLEN.

3.47.5 Archive and Storage Facilities

       A MOTION WAS PROPOSED:

       MOVED:    COUNCILLOR CHAMBERS
       SECONDED: COUNCILLOR BYRNE

       THAT the site for the development for the archive and storage facility with research
       capabilities be the current museum building renovated to meet these requirements.

       Reason for Decision:

       The Council believes that the archive and storage facility with research capabilities is
       required immediately given the current long term issues in terms of the space
       shortages, environmental controls and appropriate facilities. The Council recognises
       the community demand and desire for upgrading of the museum and archive
       facilities.

       A DIVISION WAS CALLED FOR:

        FOR                                         AGAINST
        Mayor Holmes                                Councillor Bonne
        Councillor Chambers                         Councillor Orr
        Councillor Clark                            Councillor Johnston
        Councillor Hanlen                           Councillor Te Kurapa
        Councillor Jarrett
        Councillor Shearer
        Councillor Byrne

       THE MOTION WAS PUT AND CARRIED.

3.47.6 Whakatane Centre

       A MOTION WAS PROPOSED:

       MOVED:    COUNCILLOR CHAMBERS
       SECONDED: COUNCILLOR BYRNE

       THAT the recommended plan for the Whakatane Centre be considered at the time of
       the development of the next Long-term Council Community Plan 2012-2022.

       Reason for Decision:

       The Council believes that a decision on the development of an integrated cultural,
       environmental and tourism centre (Whakatane Centre) would be better deferred until
       the next LTCCP.

       The Council will make no budget provisions for progressing this project from 2009/10
       to 2011/12. The project budgets have been moved into 2012/13 to 2015/16 to reflect
       the decision to reconsider this project in the 2012/22 Long-term Council Community
       Plan.
                                                                                PAGE 121 OF 127
WHAKATANE DISTRICT COUNCIL—EXTRAORDINARY MEETING: 17 JUNE 2009, 18 JUNE
2009, 19 JUNE 2009, 22 JUNE 2009, 25 JUNE 2009, 26 JUNE 2009, 29 JUNE 2009, 30 JUNE
2009, 2 JULY 2009 –



       A DIVISION WAS CALLED FOR:

        FOR                                        AGAINST
        Mayor Holmes                               Councillor Bonne
        Councillor Chambers                        Councillor Orr
        Councillor Hanlen                          Councillor Johnston
        Councillor Jarrett                         Councillor Te Kurapa
        Councillor Shearer                         Councillor Clark
        Councillor Byrne

       THE MOTION WAS PUT AND CARRIED.

3.48   Whakatane Aquatic Centre

3.48.1 Public Excluded Business

       Resolution to Exclude the Public

       RESOLVED:

       THAT the public be excluded from the following parts of the proceedings of this
       meeting, namely:

               Whakatane Aquatic Centre

       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:

           General subject      Reason for passing this      Ground(s) under section 48(1)
           of each matter to    resolution in relation to    for the passing of this resolution
           be considered        each matter



        . Whakatane             Good reason to withhold      That the public conduct of the
        1 Aquatic Centre        exists under Section 7.      relevant part of the proceedings of
                                                             the meeting would be likely to
                                                             result in the disclosure of
                                                             information for which good reason
                                                             for withholding exists.

                                                             Section 48(1)(a)

       This resolution is made in reliance on sections 48(1)(a) of the Local Government
       Official Information and Meetings Act 1987 and the particular interest or interests
       protected by section 7 of that Act, which would be prejudiced by the holding of the
       relevant part of the proceedings of the meeting in public are as follows:



                                                                                PAGE 122 OF 127
WHAKATANE DISTRICT COUNCIL—EXTRAORDINARY MEETING: 17 JUNE 2009, 18 JUNE
2009, 19 JUNE 2009, 22 JUNE 2009, 25 JUNE 2009, 26 JUNE 2009, 29 JUNE 2009, 30 JUNE
2009, 2 JULY 2009 –



          Item No                                     Interest

                     Enable the Council to carry on, without prejudice or disadvantage,
        1
                     negotiations, including commercial and industrial negotiations

        1            Maintain legal professional privilege



       Chambers/Byrne                                                         CARRIED

3.48.2 Resumption of Open Meeting

       After the above items had been considered, the public were readmitted to the
       meeting.

3.48.3 Release Resolution into Public Arena

       RESOLVED:

       THAT the Council continue with the process and respond to submitters as per the
       management comments as follow:

              Changes to the Building Act have determined that all buildings intended for
              public use must hold a full Code of Compliance Certificate to remain open
              and this part of the Act comes into force as of the 31 March 2010. Without
              the repairs, the Aquatic Centre must close on 31 March 2010. Council
              intends to start the repairs immediately upon closure to reduce the time
              required for the Aquatic Centre to be closed and therefore reduce the
              negative impact on the community.

              The arbitration process has been under way since shortly after the defects
              were identified. Solicitors are required during this process to increase the
              likelihood of a successful outcome.

              The architects were selected to design the Aquatic Centre based on their
              experience and, until then, good track record. The design faults that have led
              directly to the required repairs are the result of Council being let down by
              specialist consultants rather than the Council’s ability to manage large
              projects.

       Mayor Holmes/Hanlen                                                     CARRIED

       Attendance

       The Administration Officer - Policy left and the Administration Officer Community
       joined the meeting at 4:05 pm.

3.49   Animal Control – Revenue and Financing Policy: 27.1.1.6

       Discussion ensued on the submissions relating to Dog Control.


                                                                              PAGE 123 OF 127
WHAKATANE DISTRICT COUNCIL—EXTRAORDINARY MEETING: 17 JUNE 2009, 18 JUNE
2009, 19 JUNE 2009, 22 JUNE 2009, 25 JUNE 2009, 26 JUNE 2009, 29 JUNE 2009, 30 JUNE
2009, 2 JULY 2009 –



       RESOLVED:

       THAT the Revenue and Financing Policy for the Animal Control Activity be amended
       to a 20% public and 80% private split to come into effect from 1 July 2010.

       Reason for Decision:

       The Council believed that a funding split of 80% private (funded by fees and charges)
       and 20% public (funded by the general rate) was the most equitable way of
       addressing community well-being and acknowledged the safety benefits to the
       community from having an animal control service. The Council took note of the fact
       that the complaint service was largely accessed by non-dog owners.

       The Council recognised that the dog fees for 2009/10 had already been set using the
       2009/10 funding formula and therefore the new funding split would take effect from 1
       July 2010.

       Orr/Byrne                                                              CARRIED

3.50   Additional Submission Points raised through the Hearings

       The Senior Strategic Policy Analyst tabled a list of additional submission points
       raised through the hearings (refer to tabled document 4797EM-EQ). She noted that
       these had been added to the database. The Council resolved on the additional
       points.

3.51   Development Contributions – Provision for Smaller Household Units: 27.1.1.7

       Refer to tabled document 4797DE-DJ.

       RESOLVED:

       1.     THAT the report "Development Contributions – Provision for Smaller
              Household Units" be received; and

       2.     THAT the Whakatane District Council accept submissions to the
              development contributions policy that will reduce the level of development
              contributions payable under the policy in the LTCCP 2009 to 2019 for
              dependent relatives and smaller households generally.

       3.     THAT the draft Development Contributions Policy be amended as follows:

              (a)     Section 11.4 (Units of Demand), fourth paragraph be amended by
                      adding an additional bullet point that reads:

                        For household units that are 75m2 in gross floor area or less, the
                         HEU shall be reduced on a sliding scale based on the actual gross
                         floor area of the proposed household divided by 75.

                     For example, a household of 60m2 in gross floor area would pay 0.8
                     HEU (or 80%) of the development contribution otherwise payable.

              (b)     That Table 6 be amended to add the following:
                                                                              PAGE 124 OF 127
WHAKATANE DISTRICT COUNCIL—EXTRAORDINARY MEETING: 17 JUNE 2009, 18 JUNE
2009, 19 JUNE 2009, 22 JUNE 2009, 25 JUNE 2009, 26 JUNE 2009, 29 JUNE 2009, 30 JUNE
2009, 2 JULY 2009 –



                    One household unit of 75m2 in Actual gross floor area divided by
                    gross floor area or less      75

              (c)      That Section 12.2 (Reviews) be amended by deleting point 8.

       Reason for Decision:

       The Council determined that a reduction in the development contributions fee for
       smaller households relied on the assumption that smaller dwellings would have less
       residents and that they will then place less demand on community infrastructure than
       a larger household. The Council believes that this provides some relief in terms of
       affordable housing and had a broader application e.g. papakainga housing.

       The Council preferred this approach because this would likely reduce the number of
       appeals relating to development contribution fees for dependent relatives with
       associated costs for the applicant and the Council.

       Mayor Holmes/Orr                                                      CARRIED

3.52   Berthage Fees: 27.1.7

       Refer to tabled document 4797DK-DM.

       Member’s Interest

       Councillor Bonne declared a Member’s Interest in the item and left the meeting at
       5:58 pm.

       A MOTION WAS PROPOSED:

       MOVED:    MAYOR HOLMES
       SECONDED: COUNCILLOR HANLEN

       THAT the Berthage Fees remains as per the schedule and during the course of the
       year the policy be re-examined

       THE MOTION WAS PUT AND LOST.

       RESOLVED:

       THAT the berthage fees be frozen for one year (2009/10) and a review be carried out
       in time for consideration of berthage fees in the 2010/11 financial year.

       Reason for Decision:

       The Council considered the submissions regarding the increase in Berthage fees and
       agreed that the fees be frozen for one year while a review was undertaken.

       Chambers/Orr                                                          CARRIED

THE MEETING CLOSED AT 6:10 PM.



                                                                             PAGE 125 OF 127
WHAKATANE DISTRICT COUNCIL—EXTRAORDINARY MEETING: 17 JUNE 2009, 18 JUNE
2009, 19 JUNE 2009, 22 JUNE 2009, 25 JUNE 2009, 26 JUNE 2009, 29 JUNE 2009, 30 JUNE
2009, 2 JULY 2009 –


Refer to the document sent separately with these minutes “Submissions to draft LTCCP
2009-19 – resolutions and responses” produced from the database of submissions.




Confirmed this             day of



MAYOR




                                                                           PAGE 126 OF 127
WHAKATANE DISTRICT COUNCIL—EXTRAORDINARY MEETING: 17 JUNE 2009, 18 JUNE
2009, 19 JUNE 2009, 22 JUNE 2009, 25 JUNE 2009, 26 JUNE 2009, 29 JUNE 2009, 30 JUNE
2009, 2 JULY 2009 – PUBLIC EXCLUDED




                                                                           PAGE 127 OF 127

				
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