MINUTES OF A meeting of the Regional Council
Date: Wednesday 23 November 2011
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: M Mohi – Chairman – Maori Committee
A Newman – Chief Executive
P Drury – Group Manager Corporate Services
L Hooper – Governance & Corporate Administration Manager
EA Lambert – Group Manager External Relations
H Codlin – Group Manager Strategic Development
M Adye – Group Manager Asset Management
The Chairman welcomed everyone to the meeting and Mr Mohi offered the prayer.
Councillor Scott will need to be excused at 2pm.
2. Conflict of Interest Declarations
There were no conflict of interest declarations.
3. Confirmation of Minutes of the Regional Council Meeting Held on 26 October 2011 and the Extraordinary Regional Council Meeting Held on Wednesday 16 November 2011
Minutes of the Regional Council Meeting held on Wednesday, 26 October 2011, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and accurate record. CARRIED |
Minutes of the Extraordinary Regional Council Meeting held on Wednesday, 16 November 2011, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and accurate record. CARRIED |
4. Matters Arising from Minutes of the Regional Council Meeting Held on Wednesday 26 October 2011 and the Extraordinary Regional Council Meeting Held on Wednesday 16 November 2011
There had been no official response to Council’s congratulatory letter to the NZRFU.
Councillor Rose raised the matter of continued lobbying from the ‘growing’ sector in relation to section 36 charges. In response Mr Newman provided assurance that several pieces of correspondence had been sent to the primary production sector members over the past 18 months, to provide information and education about the section 36 charging regime. Further, an update would be provided to the 14 December Council meeting.
Action Items from Council Meetings |
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Mr Newman updated Councillors on the status of the action items, including plans to bring details of the regulatory framework for oil and gas exploration and planned exploratory programmes to Council within the next 3 months. Further, a report would be brought to the December Council meeting in regards to applying a risk analysis framework to Environment court appeals – although it was noted that in many cases Council did not have a choice about whether or not to respond to an appeal. Ruataniwha project is now at the stage where business case investigations are in the beginning stages and the geotechnical assessments are expected to be received within the next week. The McFarlane Rural Consultants On-farm Economic Assessment was available for Councillors if they wished to receive a copy, and it was agreed that a Council workshop to discuss all aspects of the project to date would be scheduled early in the new year. |
1. That Council receives the report “Action Items from Council Meetings”. CARRIED |
1. Mr Stuart McLachlan (Chairman of Business HB and HB Chamber of Commerce) made a presentation on behalf of A Better Hawke’s Bay (a group of individuals set up as a Trust) in relation to the governance structure in Hawke’s Bay and their request that local government amalgamation be included in the Terms of Reference for the Local Government Efficiency Study (HBRC resolution from the meeting held being commissioned by the 5 local authorities. Mr McLachlan tabled a written submission from the group. In 1996 HBRC developed a Terms of Reference for a similar study and it was queried whether that document may be ‘built on’ in developing the current Terms of Reference where appropriate.
Consideration Of General Business Items |
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Taipo Stream pathway (Dick) AHB Field Day (Rose) Leave of Absence (Remmerswaal) Environmental Awards (Remmerswaal) |
That the items for General Business be received. CARRIED |
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.
It was suggested that the reporting on the Leasehold land sales include a breakdown of cross lease properties and whether the Transfer represents a sale. Mr Newman explained how the Deed of Funding with National Environmental Monitoring Standards (NEMS) Steering Group was intended to progress. Mr Newman also provided further detail in relation to the Pre-1990 Forest Land in relation to the Emissions Trading Scheme. |
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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. Confirms the action to affix the Common Seal. CARRIED |
Air Quality Plan Change: Approval to Become Operative |
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Ms Belinda Riley provided Council with an update on the status of the Air Quality Plan Change being made operative after resolution of all appeals. In response to a query in relation to the Napier Airshed date for compliance, it was carlified that it was expected that the requirements would be met by 2016 although there were phase out dates after 2016 within the document. It was suggested that the wording of Policy 69a, 5.3.3D be examined to see whether it clearly explained Council’s expectations in this regard. A process for dealing with complaints has been agreed between HBRC and Napier City and Hastings District councils. |
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. Approves Plan Change 2 (Air Quality) to the Regional Resource Management Plan (as set out in Attachment 1) in accordance with Clause 17 Schedule 1 of RMA. 3. Agrees that Plan Change 2 (Air Quality) to the Regional Resource Management Plan becomes operative from 1 January 2012. 4. Receives the information reporting on amendments made by staff under delegated authority to Change 2 and Variation 2 so as to reference the revised 2011 National Environmental Standards for Air Quality. CARRIED |
Investment Company - Supplementary Paper on Governance |
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Mr Drury introduced the item, which was prepared in order to provide additional information to enable Council’s decisions as contained in the following item (10), before he and Mr Newman responded to queries of how the information would be applied to the practical operation of the Board.(s). |
1. That Council receives the information in this paper, as requested by the Corporate and Strategic Committee, with the intention to provide useful clarification to Council to assist with the adoption of the resolutions recommended by the Corporate and Strategic Committee at its meeting on 9 November 2011. CARRIED |
Recommendations from the Corporate and Strategic Committee Meeting |
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Solar Hot Water Scheme The scheme was seen as a positive step environmentally, even though there was some uncertainty as to where the funding should come from. Ratepayers would have the opportunity to put their views on the proposed scheme to Council through Long Term Plan submissions. Establishment of the Investment Company It was suggested that those Councillors with a desire to serve as Directors provide a one page summation of the skill sets they bring to the role to enable a voting process to take place. The role of the Transition Board was reiterated, along with the process of making appointments to it and the ‘transition’ phase itself. It was stated that there was nothing contained in the papers to imply that members of the Transition Board would simply ‘morph’ into the roles on the permanent Board of Directors. It was possible that the Council’s environmental role could be enabled or assisted via a two pronged approach – through representation on the Board and, in the case of the Ruataniwha, complying with resource consent conditions. Maori Committee Constituencies It was suggested that this matter should be more widely consulted on – seeking input from the entire population of the Region. It was noted, however, in this regard, the public would have the opportunity to demand a poll under the Local Electoral Act should they choose to do so and obtain the necessary number of signatures (5% of the electors). |
RC10/11RC11/11 |
The Corporate and Strategic Committee recommends that Council: 1. Agrees that the decisions to be made, except where noted specifically, 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. Solar Hot Water Scheme 2. Agrees that the decision to be made is significant under the criteria contained in Council’s adopted policy on significance and that any final decision on whether or not to proceed will be made after consideration of submissions through the 2012-22 Long Term Plan process. 3. Includes a proposal to fund a Solar Hot Water Scheme for public consultation in the Draft Long Term Plan 2012-22 4. Notes that Council agrees that 2) above is subject to the Hastings District Council and the Napier City Council agreeing to participate in the scheme as outlined in the “Solar Hot Water Joint Business Case for a Voluntary Targeted Rate Proposal”. Remmerswaal/von Dadelszen CARRIED The meeting adjourned at 10.20am and reconvened at 10.40am Establishment of Investment Company 5. Approves the adoption of a staged process for governance of the investment company. Scott/Kirton CARRIED 6. Notes the skill sets needed for a Transition Board and the skill sets for a subsequent Water Company which will be established if and when the Ruataniwha water harvesting project moves to construction phase. Scott/Kirton CARRIED Councillor Rose moved an amendment which was seconded by Councillor McGregor, being: 7. Approves
the appointment of the Chairman and one additional
For: 1 Against: 8 LOST 1:8
Councillor von Dadelszen moved an amendment, which Councillor Rose seconded, that being: 7. Approves the appointment of the chairman and two other Councillors as members of the Transition Board of the investment company. For: 3; von Dadelszen, McGregor, Rose Against: 6; Dick, Remmerswaal, Scott, Gilbertson, Kirton, Wilson LOST 3:6 The original motion therefore became the substantive motion. 7. Approves the appointment of three Councillors as members of the Transition Board of the investment company. Scott/Kirton CARRIED UNANIMOUSLY Councillor Remmerswaal moved an amendment, being: 8. Approves the appointment of the Chief Executive of the Council as an ex officio member of the Transition Board of the investment company, and its Chief Executive Officer, the Chairman of the Transition Board to be decided by the Board. The amendment lapsed due to lack of a seconder, and the original motion therefore became the substantive motion. 8. Approves the appointment of the Chief Executive of the Council as an ex officio member of the Transition Board of the investment company and its Chief Executive Officer and Managing Director. Scott/Kirton CARRIED 9. Agrees to appoint three further independent persons who have appropriate skills and experience as members of the Transition Board of the investment company; such persons to be identified and nominated by the Chairman of the Council. Scott/Kirton CARRIED An amendment was moved by Councillor Remmerswaal and seconded by Councillor Gilbertson, being: 10. Notes that a paper to finalise matters covering investment company establishment, including the Council’s Statement of Objectives, the company’s Constitution, the transfer of assets and the process for selection of Councillors to serve as Directors on the Board, will be submitted to a subsequent Council Committee meeting. For: 2 Against: 7 LOST 2:7 The original motion therefore became the substantive motion. 10. Notes that a paper to finalise matters covering investment company establishment, including the Council’s Statement of Objectives, the company’s Constitution, and the transfer of assets will be submitted to a subsequent Council meeting. Scott/Kirton CARRIED
11. That councillors interested in serving as directors on the Transition Board provide, to the Chairman of the Hawke’s Bay Regional Council, a Curriculum Vitae for distribution to all councilors and that the appointment be made by election at the meeting on 14 December 2011. Scott/Kirton CARRIED UNANIMOUSLY Māori Constituencies 12. Exercises its discretion under Section 79(1)(a) and 82(3) of the Act, and makes a decision on this issue, having conferred directly with the Māori Committee and also due to the option available to the public to demand a poll under the Local Electoral Act should they choose to do so and can obtain the necessary number of signatures (5% of the electors). 13. Resolves to not establish Māori Constituencies, effectively maintaining the status quo for the 2013 Local Body Elections. 14. Instructs staff to publicly notify the electors of the Region of Council’s resolution (above) and their right to demand a poll on the matter under the Local Electoral Act should they choose to do so and can obtain the necessary number of signatures (5% of the electors). von Dadelszen/McGregor CARRIED Local Government Funding Agency 15. Maintains the current process and methodology for funding of Council’s loan requirements, namely through a competitive process with major trading banks, noting that the continuation of the current process would not require any special consultative process or amendments to Council’s Investment and the Liability Management policies. Gilbertson/McGregor CARRIED Infrastructure Insurance 16. Advises LAPP of its intention to withdraw from the fund in accordance with the LAPP Trust Deed on 30 June 2013. 17. Instructs staff to undertake a further review of Council’s infrastructure asset insurance arrangements prior to 30 June 2013 and determine whether a more cost effective and secure arrangement is available. 18. Agrees that in the interim, the Regional Disaster Reserve account is grown through increases in investment value and the reinvestment of dividends to a maximum of $5.0M. Should the value of the fund exceed $5.0M, then surplus investments will be transferred to Council’s operating account, with the Chief Executive to decide what investments should be sold and the timing of any sale. Any such sale will be reported to Council. Gilbertson/Scott CARRIED
Webcasting of Council and Committee Meetings 19. Agrees that the decision to be made is significant under the criteria contained in Council’s adopted policy on significance and that any final decision on whether or not to proceed will be made after consideration of submissions through the 2012-22 Long Term Plan process. 20. Includes the financial costs of webcasting Council and committee meetings in the Draft 2012-22 Long Term Plan for public consultation. Kirton/Scott FOR: 7 AGAINST: 2 CARRIED 2012 Schedule of Council and Committee Meetings 21. Adopts the 2012 Schedule of Meetings as amended to reflect suggestions made at the 9 November 2011 meeting where appropriate. CARRIED |
Borrowing Facility Available to Fund Open Spaces/Community Facilities Projects |
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Mr Adye introduced the paper, which had arisen out of discussions that took place at the 10 November Long Term Plan workshop in relation to providing certainty of projects receiving this funding. There was some discussion around the requirement that projects be of ‘regional significance’ to meet the criteria for funding and possible weighting assessed on a sub regional basis. It was confirmed that the priorities for funding have been agreed by Council, along with the Criteria projects are required to meet. Projects to replace those previously approved for funding, i.e. Velodrome, would be reassessed against the criteria to ascertain whether they still qualified for the funding. |
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 the Chairman to advise Hastings District Council and Wairoa District Council, in writing, of the provision for a contribution to projects within their districts, reminding them of Council’s policy for Regional facilities, and requests that they advise Council by 25 January 2012, of the specific projects that they propose to seek funding from HBRC, to enable Council to consider these requests at the LTP 2012-22 Workshop on 31 January 2012 and, if considered appropriate, to seek wider public comment on these projects through the draft LTP 2012/22.
3. Confirms that the fund is a borrowing facility of $7.5M, of which $2,845,000 has already been drawn from the fund, and a further $1,640,000 has been committed to further projects; leaving $3,015,000 of which $2,100,000 is currently set aside for Hastings District Council and Wairoa District Council projects. 4. Instructs staff to undertake a review of opportunities associated with Open Spaces for public access within the region as a resource for public enjoyment. The estimated cost of this review, which will update the previous report, is under $60,000, which is to be funded from the $7.5m borrowing facility serviced from the Sale of Land (Non Investment) account. This review will be undertaken over the next several months with a report brought back to Council for their consideration, which would include: 4.1 A stocktake of all significant open space areas and facilities within the region (excluding urban parks and green areas, together with a review of their current use. 4.2 A review of the opportunities that these facilities and spaces provide, and an assessment of additional facilities or spaces that would enhance public enjoyment and tourism potential. 4.3 Recommendations for improving the use of current facilities and spaces, and linkages between these, that would provide for the opportunities identified. CARRIED |
The meeting adjourned at 12.45pm and reconvened at 1.20pm.
Port of Napier Limited (PONL) - (1) Resolutions for 23rd Annual General Meeting (AGM) and Results to 30 September 2011; (2) Statement of Corporate Intent 2011-2014 |
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CARRIED |
Public Excluded Recommendations from the Asset Management and Biosecurity Committee |
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CARRIED |
20. Confirmation of the Public Excluded Minutes of the Extraordinary Regional Council Meeting Held on Wednesday 16 November 2011
Resolution
Council excludes the public from this section of the meeting, being Agenda Item 20 Confirmation of the Public Excluded Minutes of the Extraordinary Regional Council Meeting Held on Wednesday 16 November 2011, 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:
GENERAL SUBJECT OF THE ITEM TO BE CONSIDERED |
REASON FOR PASSING THIS RESOLUTION |
GROUNDS UNDER SECTION 48(1) FOR THE PASSING OF THE RESOLUTION |
Confirmation of the Public Excluded Minutes of the Extraordinary Regional Council Meeting Held on Wednesday 16 November 2011 |
7(2)(i) That the public conduct of this agenda item would be likely to result in the disclosure of information where the withholding of the information is necessary to enable the local authority holding the information to carry out, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations). |
The Council is specified, in the First Schedule to this Act, as a body to which the Act applies. |
Gilbertson/von Dadelszen
CARRIED
The meeting went into Public Excluded Session at 1.20pm and out of public excluded session at 2.35pm
Recommendations from the Asset Management and Biosecurity Committee Meeting |
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The paper was taken as read. |
That Council: 1. Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted policy on significance unless specifically stated otherwise, 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. Koupuawhara Flood Repairs 2. Approves the transfer of $54,000 from the Regional Disaster Fund to the Kopuawhara Scheme to meet the costs of damage repair following the April storm. 3. Agrees to the Scheme operating account going into deficit to meet the costs of improvement works necessary to retain the Scheme Level of Service. Asset Management Plans 4. Adopts the Upper Tukituki and Heretaunga Plains Flood Control Scheme Asset Management Plans subject to changes being made associated with recommendations from Audit NZ. Proposed Regional Pest Management Strategy 5. Notes that Council’s current Regional Pest Management Strategy expires in December 2011, and agrees to the proposed review process and timeline as set out at the 16 November meeting. 6. Adopts the proposed reviewed Regional Pest Management Strategy 2011, including any amendments that they wish to make. 7. Approves the process and programme for the adoption, notification and submission on the Regional Pest Management Strategy as set out below. 7.1 Proposed RPMS adopted by Council and publicly notified 23 November 2011 7.2 Submissions on RPMS close 31 January 2012 7.3 HBRC hearings committee hear submissions on RPMS February 2012. Proposed Phytosanitary Pest Management Strategy 8. Agrees that Council complete the development of the Proposed Regional Phytosanitary Pest Management Strategy and the role of Council as management agency for the Strategy. 9. Adopts the proposed reviewed Regional Phytosanitary Pest Management Strategy 2011, including any amendments that they wish to make. 10. Approves the process and programme for the adoption, notification and submission on the Regional Phytosanitary Pest Management Strategy as set out below. 10.1 Proposed RPPMS adopted by Council and publicly notified 23 November 2011 10.2 Submissions on RPPMS close 31 January 2012 10.3 HBRC hearings committee hear submissions on RPPMS February 2012 Tomoana Road Drain - Surplus Land – Part Section 7 SO 4018 11. Agrees that the decision to be made is not significant under the criteria contained in Council’s adopted policy on significance and that Council can make decisions on this issue as the Minister has conferred 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. 12. Declares surplus to requirements, the parcel of land which was acquired for the Tomoana Road Drain in Hastings being Section 1 Survey Office Plan 442998, with an area of 791m2. 13. Authorises the Chief Executive to undertake the sale process on behalf of Council. CARRIED |
Recommendations from the Environmental Management Committee Meeting |
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The paper was taken as read. |
Proposed Change 4 “Managing the Built Environment” 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 because the Resource Management Act allows people to have an opportunity to submit on Change 4 following a decision by Council to publicly notify it. 2. Adopts the “Section 32 Evaluation Summary: Change 4 – Managing the Built Environment” (Attachment 1) and make it available for public inspection. 3. Adopts Change 4 to the Regional Resource Management Plan (Attachment 2) for public notification as amended at the Environmental Management Committee Meeting on 16 November 2011. 4. Agrees that a panel of commissioners be appointed to hear submissions on Change 4 and make recommendations back to the Council, with that panel’s composition being: 4.1 One representative to be nominated by Napier City Council 4.2 One representative to be nominated by Hastings District Council 4.3 Mr Mike Mohi (Chairman of HBRC Maori Committee and member of HBRC Hearing Committee, and 4.4 Councillor Scott (Panel Chair) and Councillor von Dadelszen (Panel Deputy Chair). CARRIED |
November 2011 Work Plan - Looking Forward |
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Mr Newman provided supporting details to the report. |
1. That Council receives the November 2011 Work Plan Looking Forward report. CARRIED |
Navigation Safety Bylaws Review |
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Mr Lawrence and Mr Norman provided a brief overview of the process and feedback received, along with the resulting amended Bylaws document and the proposed solution for the safety issues for swimmers at Porangahau. The funding is being sought from the contingency fund, as this is an unbudgeted 2011-12 expense. Councillor Kirton was excused at 2.45pm |
That Council: 1. Agrees that the decision is to be made under sections 83 and 85 of the Local Government Act 2002 which includes consideration of submissions on the proposal from members of the community, and that this process has been undertaken. 2. Receives the public submissions and Officer comments provided. 3. Adopts the amended Navigations Safety Bylaws provided. 4. Agrees that these bylaws will come into effect on 15 January 2012. 5. Agrees that $20,000 shall be allocated from the contingency fund to give effect to the bylaws. CARRIED |
Chairman's Monthly Report (Tabled) |
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The report was taken as read. |
That the report be received. CARRIED |
General Business |
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Closure:
There being no further business the Chairman declared the meeting closed at 3.05pm on Wednesday, 23 November 2011.
Signed as a true and correct record.
DATE: ................................................ CHAIRMAN: ...............................................