Minutes of Environment and Services Committee

1. WELCOME/APOLOGIES/NOTICES

Chairman Rose welcomed all present to the meeting and noted that a presentation by Fonterra would be held at 1.30pm.

Councillor Dick advised he would leave the meeting at 12.30pm to attend an urgent transport meeting. Councillor Wilson also advised he would leave the meeting at 11.15am for a short meeting.

Mr Paku apologised for his non-attendance at the last meeting of the Committee.

It was noted that Councillor von Dadelszen was on leave of absence.

Councillor Gilbertson requested permission to table a letter from the Mayor of CHB, Mr Peter Butler in regard to the Makara Dam. The Chairman granted permission.

2. CONFLICT OF INTEREST DECLARATIONS

There were no conflicts of interest declared.

3. CONFIRMATION OF MINUTES OF the Environment and Services Committee held on 5 December 2012

ESC1/13

Minutes of the Environment and Services Committee held on Wednesday, 5 December 2012, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and accurate record.

Scott/Wilson

CARRIED

4. Matters Arising from Minutes OF THE ENVIRONMENT and Services Committee held on Wednesday 5 December 2012

11. Lake Tutira

Responding to a question Mr Maxwell advised that water quality at Lake Tutira had fluctuated during the summer season. However, there had been an increase in staff time to collect relevant data and an updated progress report would be presented to the 17 April 2013 meeting.

Action Items from Meetings

Mrs Lambert advised that all items on the action list would be addressed at this meeting.

ESC2/13

Resolution:

1. That the Environment and Services Committee receives the report “Action Items from Previous Meetings”.

Scott/Wilson

CARRIED

Call for General Business

1. Rail

2. Feral Cats

RMA Reform Bill Submission

Mrs Drury and Mr Ide introduced this agenda item which gave an overview of another RMA Reform Bill. A draft submission for consideration by the Committee was attached. Mrs Drury also outlined the time line for the commencement dates for the amendments and the range of proposed amendments particularly those relevant to HBRC.

Mrs Drury drew the Committee’s attention to the amendment proposed in the Direct Referral process in regard to the proposal that applications must be directly referred to the Environment Court if the applicant requested it. Mrs Drury advised that the implication around this proposal could result in a risk of the loss of local decision making if this was approved.

The Committee discussed the draft submission, the proposed amendments to the Bill and the implications which could arise for Council if the proposed amendments were passed into law.

Councillor Wilson left the meeting at 11.15am

Concern was expressed in regard to the time lines around Section 92 and the Committee noted that it was the biggest attack on natural justice in the reform of this Bill. It was acknowledged that applicants have rights also but not at the expense of other parties’ participation and rights.

The Committee noted staff concerns that there was an absence of Direct Referral threshold regulations which made it difficult for fair and informed responses to be given to applicants’ requests.

Mr Ide commented on the Plan and RPS sections of the proposed bill and outlined the staff concerns in relation to the proposed amendments.

In response to a question, Mr Ide confirmed that Local Government NZ (LGNZ) had circulated their submission and the draft submission attached to the report aligned with LGNZ sentiments.

Councillor Kirton stated he did not share the same views as outlined in the paper with reference to Direct Referrals and moved an amendment seconded by Councillor Dick.

Following .........decisions at local level. “ However, it is a positive change for the applicant enabling them to proceed to the Environment Court, if agreement cannot be reached”

The recommendation when put was lost 3/7.

Kirton/Dick

LOST 3/7

ESC3/13

Resolutions

That the Committee recommends 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, and the ability of others in the community to make separate submissions on the Bill.

2. Agrees to lodge the submission on the Resource Management Amendment Bill 2012 after including any amendments suggested by the Committee.

Scott/Gilbertson

CARRIED

9/1 Kirton

Councillor Dick left the meeting at 12.00pm

Makara Dam Statement of Proposal

Mr Adye presented the agenda item which requested the Committee to provide input and comment on a draft Statement of Proposal and summary Statement of Proposal, details and a proposed timeline for the special consultative process and hearing and the HBRC Infrastructure Asset Insurance policy with a proposal for a contribution to be made to the project from HBRC’s Regional Disaster Relief Fund.

Mr Adye advised that following meetings with community representatives, there was a preference for the reinstatement of the dam, at an estimated cost of approx. $1,200.000.

Mr Adye explained the reasons for the delay in the commencement of works, stating that there were significant implications in rating for the community and they needed to consider this increase in rates. Concern was expressed that the problems would not be fixed before the onset of winter.

Responding to a question, Mr Adye stated it was proposed that an annual programme of desilting the Makara No 1 dam be included in the future provision for Scheme management, rather than this work be added to the cost of reconstructing the dam.

Mr Adye confirmed that further information would be included in the Statement of Proposal on proposed rating in readiness for the Council meeting on 27 February.

Councillor Wilson returned to the meeting at 12.15pm.

ESC4/13

Resolutions

The Environment and Services Committee recommends that Council:

2. Endorses the Statement of Proposal and summary of the Statement of Proposal for remedial work on the Upper Makara Scheme, after inclusion of any changes arising from comments and amendments suggested by the Committee.

3. Approves the contribution to the remedial works from the Regional Disaster Reserve of approximately $565,000 with the final amount to be calculated in accordance with the formula set out in this briefing paper once the final costs of the remedial work are known.

4. Notes that submissions on the Statement of Proposal will be heard by a hearings panel made up of Councillor Scott (Chairman).

Kirton/Wilson

CARRIED 8/2

Against Gilbertson/Remmerswaal

The meeting adjourned at 12.25pm and reconvened at 1.00pm

Councillor Kirton left the meeting at 1.05pm and returned at 1.10pm

12.

Low Flow Notification and Strategy Update

Mr Lawrence updated the Committee on the consent holder Low Flow Notification technology currently being implemented by Council. A provision for the implementation of new technology to automate the notification of low flows was included in this year’s annual budget.

Mr Lawrence described the Customer Interaction Centre (CIC) and the workflow when completed. In addition to the implementation of the CIC, it is intended that the low flow strategy would be reviewed by low flow stakeholders and brought back to the Committee to enable any changes to be incorporated into the annual plan. Future uses of CIC module which Council has purchased were also outlined – these may include automated notification of river flood levels to farmers with stock on flood plains, enable the public to telephone or text message the CIC to receive computer generated information and notification of staff during a civil defence event to establish which staff were available.

ESC5/13

Resolution

1. That the Environment and Services Committee receives the “Low Flow Notification and Strategy” report update.

Gilbertson/Scott

CARRIED

19.

Verbal Update on Fonterra

Ms Barriball, Manager, Local Government Relations introduced Ms Charlotte Rutherford, Manager Environmental Policy and Mrs Sandra Cordell, Shareholder Councillor at Fonterra.

Fonterra staff gave a powerpoint presentation which set out Fonterra’s commitment to sustainable development, sustainable dairy farming and Fonterra’s economic and social contribution of dairy in the Hawke’s Bay.

Responding to questions from the committee, the following points were noted.

· There is a support network to offer advice on fencing options, riparian margins and cleaning out waterways.

· Fonterra is now GIS mapping every farm, allows for a reporting tool which will also assist in the validation of all data.

· A fridge has been supplied to all 52 schools in the region participating in the milk for schools programme.

· The kickstart breakfast was active in 40 schools in the region in 2012.

· Farmers who undertake the robotics methods employ more staff than the normal farmer as stock has to be cared for in a different way.

· Most farms in the region are actively worked by family members; there are few corporate farmers.

In moving the recommendation, Councillor Wilson thanked Fonterra for an excellent report and commended the work undertaken by Fonterra in the region.

Councillor Kirton left the meeting at 2.15pm

ESC6/13

Resolution

1. That the verbal report by Fonterra staff be received.

Wilson/Scott

CARRIED

"Making" the Regional Pest Management Strategies

The Committee took this item as read.

ESC7/13

Resolutions

The Environment and Services Committee recommends that Council:

2. Agrees to make the Regional Pest Management Strategy 2011 and the Regional Phytosanitary Pest Management Strategy 2011 in accordance with Section 77 of the Biosecurity Act 1993 by affixing the Council’s seal to those plans.

Gilbertson/Scott

CARRIED

10.

Local Government Mandatory Performance Measures

Mr Adye presented the agenda item which sought endorsement from the Committee for a HBRC submission on local government mandatory performance measures – flood protection and control works.

The Committee discussed the draft submission and noted the points that Mr Adye had referred to particularly around the difficulty to improve the public’s understanding of risk and the suggested changes to the mandatory performance measure proposed.

ESC8/13

Resolutions

That the Environment & Services Committee:

2. That Council endorses, subject to any comment or amendments made by the Committee, the submission on Local Government Mandatory Performance Measures for Flood Protection and Control Works.

Scott/Wilson

CARRIED

11.

Ngati Hori Freshwater Resources Management Plan

Mrs Lambert advised the Committee that the Ngati Hori Freshwater Resources Management Plan had been presented to the Maori Committee at its meeting on 4 December 2012. The Plan had also been officially endorsed by Ngati Kahungunu being the relevant iwi authority in the subject area.

Mrs Lambert outlined the key features of the Plan which included consultation guidelines on how parties should engage with Ngati Hori ki Kohupatiki to achieve the most effective outcomes.

Following discussion by the Committee, it was agreed that it was important there was a document which could be referred to for the purposes of decision making under the Resource Management Act and receiving the Plan would not result in forming a partnership but rather an acknowledgement that Council would need to abide by the RMA’s statutory obligations.

ESC9/13

Resolutions

1. That the Environment and Services Committee receives the Ngati Hori Freshwater Resources Management Plan.

The Environment and Services Committee recommends that Council:

2. 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.

3. Notes that the Ngati Hori Freshwater Resources Management Plan will be considered as an iwi/hapu management plan for purposes of decision-making under the Resource Management Act.

Wilson/ Gilbertson

CARRIED

13.

Update on Water Measurement and Reporting Regulation Uptake

Mr Maxwell updated the Committee on progress of the Resource Management (Water Measurement and Reporting) Regulations 2010 first roll out which required meters to be installed on consents 20l/s or greater by 10 November 2012.

Mr Maxwell described the role and value that telemetry adds to water management in the region and how metering and water use data from portable irrigation pumps in the region was managed.

The Committee discussed the impact telemetry was having in the region and noted that policy development currently being undertaken for the Tukituki Plan Change would clarify an approach to the value of telemetry.

Responding to a question, Mr Maxwell clarified that the Twyford Water User Group were a sub-set of the Twyford Irrigators Group.

ESC10/13

Resolution

1. That the Environment and Services Committee receives the report “Update on Water Measurement and Regulation Uptake”.

Gilbertson/McGregor

CARRIED

14.

Science Reports

Mr Maxwell introduced this agenda item and advised that a large amount of work was generated by the Science team and this item would be a regular one to the Environment and Services Committee agenda to keep Committee members updated on the projects currently being undertaken and its relevance to Council’s decision making.

Dr Hudson updated the Committee on work currently being undertaken by the Science team which included the status of 2 coastal environments, the outcome of an ongoing recreational water issue in the Puhokio catchment and the results of a recent survey of sediment contaminants in the Napier Inner Harbour.

Responding to a question, Dr Hudson advised that there were no solutions in sight for the ongoing issues in the Puhokio catchment but another survey would be carried out in the future.

ESC11/13

Resolution

1. That the Environment and Services Committee receives the report.

Gilbertson/Wilson

CARRIED

15.	Longfin eel - Update on Progress to Date
	Ms Cameron advised that this agenda item had been presented to the Maori Committee in August 2012 . Following that meeting recommendations had been forwarded to Council who had referred them back to the Environment and Services Committee in order for appropriate work programmes and actions could be considered and assigned. Ms Cameron noted that it was important for the Committee to recognise that only 2 of the 5 recommendations forwarded Council had any influence over and work is already being carried out to support the recommendations. Ms Cameron gave the Committee a powerpoint presentation which highlighted studies taken to improve the habitat for Longfin eel. Ms Cameron outlined the difficulties barriers cause for Longfin eel, noted that there were 85 barriers in the region with a lot of pump station barriers in the Napier area and ongoing work is being undertaken to remove barriers which would improve fish movement.
ESC12/13	Resolution 1. That the Environment and Services Committee receives the report. Wilson/Gilbertson CARRIED
16.		Undaria
		Mr Wade gave a powerpoint presentation outlining the growth of Undaria in the region. Mr Wade advised that there is Undaria infestation in most ports in NZ – it Is a fast growing weed which appears on an annual basis. The likely prospect of it taking over some of our reefs is very unlikely although this year there had been a notable increase of growth on the reef at Harding Road. Mr Wade also described the methods of control of Undaria which are difficult to undertake. The only success of eradication is to attack the plants in the very early stages. Responding to a question Mr Wade said the plants could be removed by hand or the area could be contained by chemicals or steam treatment. If community involvement was considered it would have to be sustained to have any effect. Mr Wade noted that neither approach was practical or would achieve significant benefit.
ESC13/13		Resolution 1. That the Environment and Services Committee receives the report. McGregor/Gilbertson CARRIED

The meeting adjourned at 3.05pm and reconvened at 3.15pm

17.	Blue Flag Update
	Mr Maxwell updated the Committee on the blue flag proposal. In response to a question, Mrs Madarasz Smith outlined the reasons why the blue flag programme was not introduced to Hawke’s Bay region several years ago. Mr Maxwell advised that it was more appropriate for territorial authorities to utilise the blue flag proposal.
ESC14/13	Resolution 1. That the Environment and Services committee receives the report. Wilson /Gilbertson CARRIED
18.	Biodiversity Strategy Update
	Mr Maxwell reminded the Committee that it was Council’s intent to facilitate the development of a regional biodiversity strategy through a collaborative process involving a wide range of stakeholders. Mr Maxwell then outlined the activities which had occurred in preparation for a recent BSG meeting. Draft Terms of Reference had been approved with some amendments for both the Steering Group and the Core Working Group and requested that the strategy scope be expanded to include some reference to the likely impact of climate change. Concern was expressed that following the first meeting of the Group, progress was paramount towards working for a better outcome than at present. It was important that resources were shared to achieve the objectives as set out.
ESC15/13	Resolution 1. That the Environment and Services Committee receives the report. Gilbertson/McGregor CARRIED

Councillor Remmerswaal left the meeting at 3.30pm

20.	Statutory Advocacy Update
	There were no statutory advocacy items to update.
ESC16/13	Resolution 1. That the Environment and Services Committee receives the Statutory Advocacy Update report. Scott/Wilson CARRIED
21.	General Business
	Rail The line has been mothballed and moving forward agreed in partnership with the government to do a complete study on the economic potential in the next 30 years and the requirement of how we deal with that. Feral Cats Councillor Gilbertson expressed concern at the ongoing damage that feral cats do in the community.

Closure:

There being no further business the Chairman declared the meeting closed at 3.40pm on Wednesday, 20 February 2012.

Signed as a true and correct record.

DATE: ................................................ CHAIRMAN: ...............................................