Minutes of Regional Council Meeting

1. Welcome/Prayer/Apologies/Notices

The Chairman welcomed all those present to the meeting before Councillor Scott offered the prayer.

It was noted that Councillor von Dadelszen was absent, on leave, and that Mr Mohi was not in attendance.

2. Conflict of Interest Declarations

There were no conflict of interest declarations.

3. Confirmation of Minutes of the Regional Council Meeting Held on 12 December 2012

Resolution

Minutes of the Regional Council Meeting held on Wednesday, 12 December 2012, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and accurate record.

McGregor/Scott

CARRIED

4. Matters Arising from Minutes of the Regional Council Meeting Held on Wednesday 12 December 2012

There were no matters arising from the minutes.

5.	Call for General Business Items
	There were no items of General Business.

Recommendations from the Corporate and Strategic Committee

It was queried whether strength could be added to the comments relating to cost shifting to local government to implement regulation functions delegated to it by central government, and the example of changes to section 32 of the Resource Management Act was cited.

RC2/13

Resolutions

The Committee recommends 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.

Local Government Reform - Productivity Commission Draft Report

2. Agrees to lodge the attached submission to the Productivity Commission subject to amendments arising from feedback at the meeting.

Kirton/Scott

CARRIED

Infrastructure Asset Insurance

3. Rescinds its notice of intention to withdraw from LAPP.

4. Notes, within its accounts, the contingent liability associated with being part of a mutual insurance scheme.

5. Continues to maintain a level of self insurance through Scheme disaster reserves and the Regional disaster reserve.

6. Does not renew its commercial insurance for infrastructure assets effective from the 2013/14 financial year.

7. Continues to work with LAPP to improve estimates of flood risk to HBRC infrastructure assets and therefore reduce the LAPP deductible, and to develop optimised replacement valuations for all assets.

8. Reviews its self insurance arrangements to provide the most cost effective cover for all HBRC infrastructure assets.

Scott/Rose

CARRIED

RMA Delegations

9. Pursuant to section 34A (1) of the Resource Management Act 1991, the Hawke’s Bay Regional Council delegates the powers, duties and functions of the Chief Executive Officer, as set out in the Delegations Register approved by Council on 18 April 2012, to the General Manager (Operations).

10. Pursuant to section 34A (1) of the Resource Management Act 1991, the Hawke’s Bay Regional Council delegates the powers, duties and functions of the Acting Chief Executive under sections 316, 329, 330-331 of the RMA to the General Manager (Operations).

11. Notes that the following reports were received at the meeting held on 30 January 2013:

12.1 Public Transport Update

12.2 Findings of the Local Government Efficiency Taskforce.

Scott/Dick

CARRIED

Local Body Elections 2013

Mrs Gilbertson provided an overview of the changes to the Local Electoral Act, currently progressing through legislative process, that will impact on candidates.

RC3/13

Resolutions

That Council:

2. Reconfirms the appointment of Mrs Carol Gilbertson as the Hawke’s Bay Regional Council Electoral Officer and notes the appointment of Mrs Leeanne Hooper as the Deputy Electoral Officer pursuant to Section 12 of the Local Electoral Act 2001 and requests Mrs Gilbertson and Mrs Hooper complete the necessary declarations for these appointments.

3. Resolves that the order of each candidate will appear on a voting paper:

(a) in alphabetical order of surname.

4. Resolves to allow voting documents in the Local Body Elections 2013 to be processed during the voting period.

Rose/Gilbertson

CARRIED

159 Dalton Street Building Repairs

Mr Adye introduced Mr Kevin Longman of KLHB Building Consultants Ltd, who undertook the initial assessments on water ingress into the Dalton Street building and has since been retained to provide expert evidence to support Council’s legal claim.

Mr Longman explained that the main reason for increased costs for remediation is that originally it was thought that the windows could remain in situ while the remedial work was carried out, however due to there being varying defects and warrantee (windows and cladding) requirements the windows are now required to be completely removed and replaced.

Mr Adye explained the implications of a Council decision not to proceed.

There was discussion about building material performance standards, building code compliance and building inspections, timeframes for the remediation works to be completed, staff relocations while work is carried out, accountability of Napier City Council and cumulative costs including work ‘outside’ of the actual construction.

RC4/13

Resolutions

That Council:

2. Awards the remedial works contract to Mackersey Construction Ltd for the sum of $1,922,022.00.

3. Approves an increase in the internal loan provision from the infrastructure renewal reserve from $300k to $812k, to be drawn down during the 2012/13 and 2013/14 financial years.

4. Notes that staff are working with legal advisors to pursue recovery of the costs of the remedial works from the main contractor for the construction of the building, Herbert Construction Ltd.

Rose/Scott

CARRIED

9.	General Business
	There were no items of General Business.

10.

159 Dalton Street Legal Proceedings

RC5/13

Resolutions

1. That Council excludes the public from this section of the meeting, being Agenda Item 10 159 Dalton Street Legal Proceedings 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

159 Dalton Street Legal Proceedings

7(2)(g) 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 maintain legal professional privilege.

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.

2. That Mr Kevin Longman of KLHB Building Consultants Ltd be present for discussion of this item in order to provide expert advice.

Scott/Rose

CARRIED

11. Confirmation of the Public Excluded Minutes of the Regional Council meeting held Wednesday 12 December 2012

Resolution

1. That Council excludes the public from this section of the meeting, being Agenda Item 11 Confirmation of the Public Excluded Minutes of the Regional Council meeting held Wednesday 12 December 2012 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 Regional Council meeting held Wednesday 12 December 2012	77(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.

Scott/Rose

CARRIED

The meeting went into public excluded session at 10.13am and out of public excluded session at 10.35am

Closure:

There being no further business the Chairman declared the meeting closed at 10.35am on Wednesday, 20 February 2013.

Signed as a true and correct record.

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