MINUTES OF A meeting of the Regional Council
Date: Wednesday 15 December 2010
Time: 9.00am
|
Venue: |
Council Chamber Hawke's Bay Regional Council 159 Dalton Street NAPIER |
A J Dick
T Gilbertson
N Kirton
E McGregor
L Remmerswaal
K Rose
C Scott
E von Dadelszen
In Attendance: A Newman – Chief Executive
P Drury – Group Manager Corporate Services
C Gilbertson – Governance and Public Transport Manager
The Chairman welcomed everyone to the meeting and called on Councillor Dick to deliver the prayer. An apology was received from Mr Mike Mohi. An apology for lateness was received from Councillor Gilbertson.
|
|
|
|
|
That the apology for lateness from Councillor Gilbertson be accepted and the apology from Mr Mike Mohi be accepted. Rose/von Dadelszen CARRIED |
Mr Newman advised that a contract for the second cycleway at Ahuriri has been signed by the Prime Minister. Information on the route for this cycleway will be circulated to Councillors.
Councillor Gilbertson arrived at 9.10am
Agenda Item 23 – Ruataniwha Plains Water Storage – Focus for Balance of Feasibility – Councillor Remmerswaal asked that this item be discussed in the open section of the meeting and gave notice of her intention to request this later in the meeting at the appropriate time.
2. CONFLICT OF INTEREST DECLARATIONS
Chairman Wilson declared a conflict of interest in agenda item 14 Chairman’s Accommodation.
3. CONFIRMATION OF MINUTES OF the Regional Council Meeting held on 18 and 24 November 2010
|
|
Minutes of the Regional Council Meeting held on Wednesday, 18 November 2010, a copy having been circulated prior to the meeting, were taken as read and confirmed. CARRIED |
|
|
Minutes of the Regional Council Meeting held on Wednesday, 24 November 2010, a copy having been circulated prior to the meeting, were taken as read and confirmed. CARRIED |
4. Matters Arising from Minutes of the Regional Council Meeting held on Wednesday 18 November 2010 AND Wednesday 24 November 2010
There were no matters arising from the minutes of 18 November 2010.
Huatokitoki Community Catchment Project
In response to a question about whether a media release had gone out about this project Councillor Kevin Rose advised that he had been sent a draft press release which has been sent out to at least one journalist so far.
Pike River Mine
The Chief Executive advised that he had sent a letter to the District Council and Regional Council in this area. Staff and Councillors have made contributions to the mayoral fund which were matched from a further contribution from Council – the total of this was approximately $1,500.
|
Action Items from Council Meetings |
|
|
|
1. Recording of Council meetings Mrs Gilbertson advised that she had researched what Taupo District Council have done with the recording of their meetings and has asked for costings and more information from Taupo on this. She also advised that in relation to Standing Orders, the only condition for recording of meetings is that the Chairman be notified prior to the meeting for his approval. In relation to the request from BayFM to record parts of Council meetings, it was agreed that there was no objection from Council for this on the condition that it be done unobtrusively. The Chief Executive will liaise with BayFM and advise that they can start recording Council meetings on a trial basis. 2. Ruataniwha Stakeholder’s Meeting The Chief Executive advised that a meeting is being planned for late January /early February 2011, once a date has been confirmed Councillors will be notified. |
|
|
That the Council receives the report “Action Items from Council Meetings”. CARRIED |
|
Consideration of General Business Items |
|
|
|
2. Hawke’s Bay River Quality and Consumer Magazine 3. Water Symposium 4. Council Waiata 5. Update on Twyford |
|
Affixing of Common Seal 1. The Common Seal of the Council has been affixed to the following documents and signed by the Chairman or Deputy Chairman and Chief Executive or a Group Manager.
|
|||||||||||||||||||||
|
|
That Council: 1. Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted policy on significance and that Council can exercise its discretion under Sections 79(1)(a) and 82(3) of the Local Government Act 2002 and make decisions on this issue without conferring directly with the community and persons likely to be affected by or to have an interest in the decision due to the nature and significance of the issue to be considered and decided. 2. Confirm the action to affix the Common Seal. CARRIED |
|
Recommendations from the Regional Transport Committee (RTC) |
|
|
|
Councillor Dick, Chairman of the Regional Transport Committee provided an update on the rail link between Gisborne and Napier and advised that a rail representative is now on the Transport Committee on a permanent basis. He said that at the last committee meeting an update from OnTrack had been provided and they advised that work has been done on allowing higher cube containers to use the Manawatu line which means that Fonterra can now use the Napier Port to disseminate its produce. Work had also been done on the Gisborne - Napier line to raise some of the tunnel heights to allow containers through. He said the Hikurangi project has been delayed but is not seen as a lost cause at this stage. He also advised that the New Zealand Transport Agency have released a feasibility report into coastal shipping and the retention of the rail link which provides strong arguments for coastal transport mode use. He said that the rail issue is still alive and is top of the RTC agenda in the coming months. There was also a comment made by Councillor Remmerswaal, member of the RTC that the Committee had received a presentation by Paul McArdle from Bike Hawke’s Bay. |
|
|
Regional Transport Committee Terms of Reference That the Council: 1. Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted policy on significance and that Council can exercise its discretion under Sections 79(1)(a) and 82(3) of the Local Government Act 2002 and make decisions on this issue without conferring directly with the community and persons likely to be affected by or to have an interest in the decision due to the nature and significance of the issue to be considered and decided. 2. Adopts the Terms of Reference for the Regional Transport Committee as attached, setting out the purpose, membership, voting, meeting frequency and meeting fee provisions. Proposed Meeting Dates for 2011 3. Approves the number of meetings and the proposed dates for 2011 subject to agreement with NZTA and any other amendments required to avoid critical meeting conflicts. CARRIED |
|
Future Governance and Management of Venture Hawke's Bay |
|
|
|
The Chief Executive provided an update on progress with the development of the relationship with the Wine Country Tourism organisation (WCTO) for joint delivery of regional tourism organisation services. He said he was proposing for the balance of the 2010/11 financial year that there be a transitional arrangement put in place to allow the Council to go through its Annual Plan process and look at the regional rate for regional tourism. The transitional arrangement proposed a transitional board or working group be established to oversee the Venture Hawke’s Bay functions as well as the tourism functions for January 2011 to June 2011.
The Chief Executive confirmed that all Venture Hawke’s Bay finances would be handled and administered in house by Council finance staff. Mr Newman advised that Mr Sam Orton and Mr George Hickton had assisted putting this proposal together over the past few months. Mr Orton and Mr Hickton then gave Council a presentation and advised that Hawke’s Bay was now one of the worst performing visitor regions. Mr Orton said there was a strong desire to see one tourism organisation formed to act as a single entity promoting the region and the tourism industry has pledged a $160,000 per annum to achieve this outcome. He advised that under the transitional arrangement for the first 6 months they would be reassessing the current activity and replanning what was necessary; they would formally establish a new tourism entity; develop a 3 year marketing plan and 2011/12 budget; develop and co-ordinate industry communications planned; and undertake further work on the Rugby World Cup for 2011. There would also be work on a three year strategic vision and plan for Hawke’s Bay tourism which would include an annual marketing plan with more aggressive visitor targets, communications plan, revigoration of the regional tourism brand, a reporting model for the Hawke’s Bay regional council and key stakeholders. Mr Orton sought Council’s approval to establish an interim management arrangement between Venture Hawke’s Bay, Wine Country Tourism and the Regional Council which would lead to a new entity (Hawke’s Bay Tourism) being formed on 1 July 2011 to represent the region of Hawke’s Bay from Wairoa to Central Hawke’s Bay. He reiterated what Mr Newman had said and said there would be an interim management joint venture for 6 months. Three members would be appointed to the undertake governance duties, they were the Chair of the Wine Country Tourism organisation, an external tourism advisor and the Chief Executive or his delegate from HBRC. He said an interim manager would be appointed. The key role for this would be to develop the strategic vision and plan for an official launch of Hawke’s Bay Tourism commencing 1 July 2011. In summary, Mr Orton said Hawke’s Bay is being offered a unique opportunity to finally realise its true tourism potential which will ultimately benefit the wider region in creating significant economic contribution to Hawke’s Bay. In discussing the interim arrangement proposed, Council said that the Wine Country Tourism needs to see what other territorial authorities are doing and learn from them and work together more on this. Mr Orton noted that i-sites are the key to good tourism and this is one area of focus. The Chief Executive said that he intends to bring back to Council the proposal in the new year and then put this through the annual plan process. He said a decision needs to be made on the economic development rate and Council needs to discuss whether they chose to go to a joint venture approach for establishing the Board. In response to a question about the cost for a transitional board and interim management, Mr Newman advised that an annual salary would be paid but on a weekly basis. Mr Newman said that Council needs to ensure that the budget plus the tourism organisation is fully funded and includes the interim management function also. Mr Drury said that recently a lot work had been done on Venture Hawke’s Bay budgets and it is intended to bring back a balanced budget which shows funding from the private sector and contributions from Council in the budgets at the end of January. Mr Newman said that reporting will be done via the Strategic Planning and Finance Committee throughout the six month interim period. In discussing which option was preferable it was noted that Hawke’s Bay should have one organisation, but needs appropriate funding. The structure should be more simple and ensure that the people of Hawke’s Bay have faith and trust in it. Other views were put that this was very hard to support as there were no real business plans in place – the lines of accountability were not clear and there were too many unanswered questions. There was concern from an administration point of view and that due diligence hadn’t been done on this process as yet. It was also noted that there is a resolution currently in place which provides funding to the end of December 2010 therefore a further recommendation was proposed and adopted by Council to cover the period after this. Mr Drury also reassured Council that staff will be paid for the extended period and this was provided through the economic development budget. Council then agreed to approve the creation of the transitional establishment board for the six months to 30 June 2011 and ensure that this process goes through Council’s annual plan process. |
|
|
That the Council : 1. Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted policy on significance and that Council can exercise its discretion under Sections 79(1)(a) and 82(3) of the Local Government Act 2002 and make decisions on this issue without conferring directly with the community and persons likely to be affected by or to have an interest in the decision due to the nature and significance of the issue to be considered and decided. 2. Approve, within Hawke’s Bay Regional Council jurisdiction, the creation of a transitional/establishment Board to oversee the six months (January 2011 to June 2011) to cover the performance and expenditure of the Regional Tourism Organisation responsibilities, noting that Council’s financial commitment to this six months of operation has funding consistent with the sums provided in the 2010/11 budget for tourism operations during that period. 3. Note that the transition Board is to be made up of three persons, the Chair of the Wine Country Tourism Organisation Board, an external Tourism Advisor, and the Chief Executive (or his delegate) from HBRC. 4. It is further noted that this Board is to complete a three year plan (commencing 2011/12), operating budget and joint venture agreement for Council’s consideration through the Annual Plan process. CARRIED carried 7/ 2 For: Dick, Gilbertson, McGregor, Remmerswaal, Rose, Scott, Wilson Against: Kirton, von Dadelszen
5. Approve the commitment of expenditure as set out in the Venture Hawke’s Bay strategic plan dated 7 September 2010 and that a revised budget incorporating HBRC and WCT contributions be presented to the SP&F meeting in January 2011. Kirton/McGregor CARRIED |
|
The meeting adjourned at 11.10am and reconvened at 11.20am. |
|
|
Navigation and Safety Warrants |
|
|
|
Mr Bryce Lawrence advised that this paper sought Council’s delegation to the Chief Executive for approval of harbour master, relieving harbour master, harbour enforcement officers and honorary boating adviser warrants. In discussing the delegations, the Council agreed that more information would be provided on warrants through the Council’s Common Seal reports. |
|
|
That Council: 1. Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted policy on significance and that Council can exercise its discretion under Sections 79(1)(a) and 82(3) of the Local Government Act 2002 and make decisions on this issue without conferring directly with the community and persons likely to be affected by or to have an interest in the decision due to the nature and significance of the issue to be considered and decided. 2. Delegates to the Chief Executive, the authority to approve all warrants required within the Navigation and Safety project, in accordance with any qualification requirements and Section 650B of the Local Government Act 1974. CARRIED |
|
RMA Phase Two Reform Discussion Document |
|
|
|
Mr Gavin Ide advised that the Ministry for the Environment released a discussion document titled Building Competitive Cities – Reform of the Urban and Infrastructure Planning System as part of RMA Phase Two Reforms. Submissions were invited on this discussion document. Mr Ide requested that Councillor Dick and Councillor von Dadelszen be delegated to approve the submission to be lodged before 17 December 2010. |
|
|
That the Council : 1. Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted policy on significance and that Council can exercise its discretion under Sections 79(1)(a) and 82(3) of the Local Government Act 2002 and make decisions on this issue without conferring directly with the community and persons likely to be affected by or to have an interest in the decision due to the nature and significance of the issue to be considered and decided. 2. Delegates authority to Councillors Dick and von Dadelszen to review and approve a submission to be lodged on the Council’s behalf by 17 December 2010 deadline. CARRIED |
|
Approach/Timelines for Annual Plan 2011/12 |
|
|
|
Mr Drury outlined the approach to be taken for the development of the 2011/12 Annual Plan and presented the timelines for this Plan. Council requested that in view of the state of the world’s economy, Council needs to look hard at what its priorities are through this process. |
|
|
That the Council: 1. Accept this information paper and note the relevant Council meeting dates for the Annual Plan 2011/12 process. CARRIED |
|
Councillors' Remuneration 2010/11 (Post Election) |
|||||||||||||||||||||
|
|
Mr John Peacock advised that the Remuneration Authority had written to Council during September setting out its determination of the indicative pool for Councillor remuneration for the 2010/11 financial year as well as guidance on the setting of expense rules for payment of allowances. The Remuneration Authority needs to be advised by 31 January of Council’s decision so it can issue a final determination. Mr Peacock noted that Councillors will not be able to be back paid until the final determination is gazetted. He also advised that another determination from the Remuneration Authority was due in July 2011. Councillors discussed the options provided in the paper and noted the position of Chair for the Strategic Planning and Finance Committee which is currently held by the Chairman and Councillors felt that the Chairman should continue to hold this role until at least 30 June 2011. It was also noted that it was important not to have a large gap between Councillors with and without chair responsibilities. It was also noted that being the Chair of a Committee has a significant workload and needed to be recognised. Councillors then discussed their preference for scenario 1 and 4 as they have the least difference between the Chair role and an ordinary Councillor without a chair role. Councillor von Dadelszen moved that scenario one be adopted, this was seconded by Councillor Scott, Councillor Dick then moved an amendment – that scenario 4 be adopted, which was seconded by Councillor Rose. When the amendment was put it was CARRIED 5/4 and therefore became the substantive motion. Councillors agreed to adopt scenario 4 as their preference for the submission to the Remuneration Authority. Councillors then discussed the allowances and expenses which had been significantly reduced by the Remuneration Authority for this determination. Councillors noted that by the Remuneration Authority sending this advice, it was providing a level playing field for all those standing for Councils and that Councillors are not employees. It was agreed that a letter should be written to the Remuneration Authority outlining the Council’s disappointment with the reduction in the payment of expenses especially to mileage claims. |
||||||||||||||||||||
|
|
That the Council : 1. Resolve the level of payments to be made to Councillors with Chair responsibilities and those without Chair responsibilities for the 2010/11 financial year, consistent with the remuneration pool as advised by the Remuneration Authority covering that period, and recommend to the Remuneration Authority that these payment levels be included in the determination for the 2010/11 financial year. 2. Note that payment at the new levels of remuneration will be backdated to the date on which elected members’ came into the respective offices they hold. 3. That scenario 1 be adopted. von Dadelszen/Scott Councillor Dick moved an amendment to the original recommendation 3, which was seconded by Councillor Rose: 3. That scenario 4 be adopted. Dick/Rose CARRIED 5/4 CARRIED as the Substantive Motion Replace (subject to approval of the Remuneration Authority) Section 1.4.2 (Remuneration) of Council's Policy Handbook with the following, from 15 October 2010, and with elected members only ever being eligible for one salary with that salary being the highest applicable from the table below:
Dick/Rose CARRIED 5/4 CARRIED as the Substantive Motion 4. Adopt the policy on elected members’ allowances and expenses set out in Attachment 2 to this paper, except for the amendments set out in section 5 2(a) of this policy, and submit the amended policy to the Remuneration Authority, together with a letter setting out this Council’s reasons for having no limits on mileage allowances, for the Remuneration Authority’s approval and incorporation in the Local Government Elected Members’ Determination for the remainder of the 2010/11 financial year. von Dadelszen/Dick CARRIED 5. Resolve that the Chairman of the Maori Committee continue to be paid an annual salary equivalent to that paid to a Councillor without Committee Chairman responsibilities. Further, it is noted that the payment of this salary is not funded from the Councillor remuneration pool as advised by the Remuneration Authority. Scott/Kirton CARRIED 6. Resolve that tangata whenua appointed members of the Maori Committee who are appointed to plan hearings that are not related to Resource Consent hearings be remunerated at the rates ($68 per hour) set out in clause 9 of the Local Government Elected Members (2010/11) (Except Auckland) Determination 2010 for all hearing attendance, including time spent reading submissions and officer reports and recommendation and time attending technical workshops that serve to improve Hearing Committee members’ understanding of technical issues. Scott/Kirton CARRIED |
|
Chairman's Accommodation |
|
|
|
As previously declared in Item 2 of the agenda, the Chairman declared an interest in Agenda Item 14 – Chairman’s accommodation and removed himself from the Chair, Councillor McGregor assumed the Chair. Mr Drury advised that with the recent election of the Chairman from the Wairoa constituency Council needed to consider the most efficient and economic way of accommodating him while he is working in Napier. Councillors said they were pleased to see that this item had come forward for a Council decision and the sensible option was to rent a modest permanent accommodation for the Chairman for his use while in Napier. |
|
|
That Council : 1. Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted policy on significance and that Council can exercise its discretion under Sections 79(1)(a) and 82(3) of the Local Government Act 2002 and make decisions on this issue without conferring directly with the community and persons likely to be affected by or to have an interest in the decision due to the nature and significance of the issue to be considered and decided.
2. Resolves to authorise the Chief Executive to enter into a contract for a modest long term rental apartment between $250 - $300 per week and for the purchase of any second hand furniture where required for the Chairman’s accommodation for the next three years. CARRIED |
Chairman Wilson reassumed the Chair.
|
Verbal Update on Ngaruroro Storage Prefeasibility Project |
|
|
|
This item was covered as part of item 23 and was not needed as a separate item. |
|
Council Meeting Planner January 2011 - December 2011 |
|
|
|
The Council moved that this item be discussed after Item 23. CARRIED |
|
Monthly Work Plan Looking Forward |
|
|
|
The Chief Executive highlighted a couple of issues from this report and it was agreed that a site visit would be planned to visit the forestry site. |
|
|
1. That Council receives the Monthly Work Plan Looking Forward report. CARRIED |
|
Chairman's Monthly Report |
|
|
|
The Chairman tabled his report and updated Council on the presentation to the Select Committee on the submission. He advised that himself and Gavin Ide had presented this submission. |
|
|
That the report be received. CARRIED |
|
General Business |
|
|
|
Councillor Remmerswaal raised her concerns about the consent to extract gravel in relation to the conditions that had been appealed. Hawke’s Bay River Quality and Consumer Magazine Councillor Remmerswaal brought to the notice of Council an article in the latest Consumer Magazine on Hawke’s Bay river quality. Water Symposium Councillor Remmerswaal congratulated staff for the magnificent job they had done on the two day Symposium and in particular thanks was given to Ms Codlin.
Council Waiata Councillor von Dadelszen said that Council actually has two waiata which have been approved by the Maori Committee but over the last few years these have not been used. She noted that one of them could have been used at the Peka Peka opening and asked that Council adopts these waiata again. Update on Twyford Councillor Scott gave an update on the Twyford consents advising that 68 consents had been issued and 80 were still outstanding to be issued and it was hoped that these would be released prior to Christmas. |
|
Ruataniwha Plains Water Storage - Focus for Balance of Feasibility |
|||||||
|
|
Councillor Remmerswaal raised her concerns about holding this agenda item in Public Excluded session as the request was for a large amount of money and it was of significant importance to the public, therefore she requested that the item be discussed in the open agenda. The Chief Executive replied that there was some information that would be advised to the Committee only if it was in Public Excluded session as it had not yet been put in front of Cabinet on behalf of the Minister of Agriculture and Fisheries and said if that was to be discussed in the open agenda it would not be included for today’s discussion. It was then agreed that the item would be discussed in the public excluded section of the meeting. |
||||||
|
|
That the Council exclude the public from this section of the meeting being Agenda Item 23 Ruataniwha Plains Water Storage - Focus for Balance of Feasibility with the general subject of the item to be considered while the public is excluded; the reasons for passing the resolution and the specific grounds under Section 48 (1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution being as follows:
That the Council permit Mr Sam Robinson to be in attendance for item 23, after the public have been excluded, because of the information and knowledge he has about this project. CARRIED |
The meeting went into public excluded session at 1.10pm and out of public excluded session at 3.50pm
|
Confirmation of Public Excluded MINUTES OF Meeting held on 24 November 2010 |
|||||||
|
|
CARRIED |
|
Matters Arising from Public Excluded Minutes of Meeting held on 24 November 2010 |
|
|
|
|
Additional Paper Covering Statement of Corporate Intent (SCI) 2011- 2013 for Port of Napier Limited (PONL) |
|||||||
|
|
That the Council exclude the public from this section of the meeting being Agenda Item 22 Additional Paper Covering Statement of Corporate Intent (SCI) 2011- 2013 for Port of Napier Limited (PONL) with the general subject of the item to be considered while the public is excluded; the reasons for passing the resolution and the specific grounds under Section 48 (1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution being as follows:
CARRIED |
|
16. |
Council Meeting Planner January 2011 - December 2011 |
|
|
Chairman Wilson advised that a draft Meeting Planner for 2011 has been provided to the Committee to hold dates for Committee meetings throughout 2011, these will be confirmed once the Committee Structure has been finalised. |
|
|
1. That the draft Council Meeting Planner January 2011 – December 2011 be received. CARRIED |
The meeting went into public excluded session at 3.50pm and out of public excluded session at 4.10pm
Closure:
There being no further business the Chairman declared the meeting closed at 4.10pm on Wednesday, 15 December 2010.
Signed as a true and correct record.
DATE: ................................................ CHAIRMAN: ...............................................