MINUTES OF A meeting of the Regional Council
Date: Wednesday 20 March 2013
Time: 9.00 am
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
E Lambert – General Manager (Operations)
P Drury – Group Manager Corporate Services
I Maxwell – Group Manager Resource Management
M Drury – Executive Assistant (Minute Secretary)
The Chairman welcomed those present to the meeting and Councillor Rose offered the prayer.
Mr Drury updated Council on temporary parking arrangements for all meetings whilst building alterations are underway.
Chairman Wilson advised that Councillor Rose and himself had stepped down from the Hearing Panel for Makara Dam as they had been involved in community meetings. Mr Gary Williams would now be on the Panel with Councillor Scott.
Resolutions
1. That the apology from Mr Mohi be received.
2. That leave be granted to Councillor Gilbertson to leave the meeting at 1pm.
Scott/McGregor
CARRIED
2. Conflict of Interest Declarations
There were no conflict of interest declarations.
3. Confirmation of Minutes of the Regional Council Meeting Held on 27 February 2013
Minutes of the Regional Council Meeting held on Wednesday, 27 February 2013, 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 27 February 2013
20. General Business – Marauder Permit
Mrs Lambert provided an update on the East Coast oil & Gas Report and advised that information on the Marauder and TAG Oil activities in the Wairoa area had been included in this report.
14. Recommendations from the Environment and Services Committee – Makara Dam Statement of Proposal
Councillor Scott advised that the Makara Hearing would take place on 12 April commencing at 3.00pm.
12. Recommendations from the Regional Planning Committee
Councillor Scott advised that Plan Change 5 Hearing would commence on 10 April through to 13 April. Due to Councillor von Dadelszen’s unavailability, Mr Denis Nugent from Wanaka who had been contracted to assist the Panel would now be a commissioner on the Panel.
Action Items from Previous Regional Council Meetings |
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Hawke’s Bay Tourism Quarterly Report Councillor Dick advised that a report was being prepared in relation to Napier accommodation issues. Council would receive a copy when completed.
RMA Delegations Mr Maxwell advised that a report on the most effective ways of managing ‘major’ delegations would be presented at the Environment and Services Committee meeting on 17 April. |
1. That Council receives the report “Action Items from Previous Meetings”.
CARRIED |
Call For General Business Items |
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Napier/Gisborne Rail forum meeting – Thursday – Councillor Dick Ballance Farm Awards – Chairman Wilson |
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.
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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 |
Harbourmaster Liability Insurance |
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Mr Lawrence introduced the agenda item which requested Council to consider increasing the Navigation Safety insurance cover in the 2013/14 Annual Plan by $75 million, to $100 million. Mr Lawrence advised that following the Rena grounding in October 2011 and the costs involved in the grounding, consideration was required to review insurance needs. Currently it is considered that $25 million would not be adequate to manage Council’s risk should it be shown that Council was found to have caused a shipping incident. Legal opinion from Council’s maritime legal advisor supports this view. Council noted that small vessels are not required to carry insurance, some trawlers do not have insurance but all vessels over 400 tonnes are required to have insurance. Mr Lawrence explained the difficulties which could be encountered when entering the Napier harbour as a result of the geography of the area. Mr Lawrence confirmed that the Napier harbour is bigger than the Port of Napier as it also covers the inner harbour. Council discussed the methods of funding the increased funds a proportion of which could be recovered from Port of Napier Ltd, and noted that if there was a reduction in the Navigation Safety budget, Council had to be mindful that there were functions which needed to be ongoing. It was also noted that both Northland Regional Council and Wellington Regional Council had increased their Harbourmaster Liability insurance to $100m. Following further discussion, Council requested staff have further discussions with Port of Napier Ltd about the possibility of a contribution to the costs of insurance and a decision made on how the extra insurance would be funded prior to the adoption of the 2013/14 Annual Plan.
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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. That Council approves in principal a budget provision for $80,000 but determines its funding source prior to the adoption of the Annual Plan. 3. Instructs staff to discuss with Port of Napier Ltd, the payment of a contribution to the costs of Harbourmaster Liability insurance as a result of Council carrying out its functions, duties and powers exercised by the Council as a result of the Napier Port existing. CARRIED 8/1 |
Recommendations from the Corporate and Strategic Committee |
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Mrs Lambert introduced the agenda item. HBLASS Draft Statement of Intent 2013/14 Clarification was sought around the process of additional board members being appointed for their expertise when required and confirmation received that the CEs are directors at this point in time. It was noted that there is provision for 9 Directors so currently 3 more directors could be appointed. Provision would also be made in the Constitution for future changes to be undertaken. Trees on Farms - Carbon Market Update Concern was expressed that aside from the economic grounds, Council could be seen as being short sighted and not visionary in its approach to Trees on Farms |
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. HBLASS Draft Statement of Intent 2013/14 2. Undertakes to provide any comments on the Draft SoI to HB LASS Ltd within two months of 1 March (LGA Sch8 cl3) to enable delivery of the completed Statement of Intent to Council on or before 30 June 2013. Scott/Rose For: Scott, Rose, Remmerswaal, McGregor, von Dadelszen, Dick, Wilson Against: Kirton, Gilbertson CARRIED 7/2
Trees on Farms - Carbon Market Update 3. Agrees that staff should continue to monitor the carbon market and when there are strong signals for future strengthening, seek Council’s agreement to reactivate the Trees on Farms concept through the provision of funding options (including hedging in the carbon market) and the implications of those options on future cash flows. 4. In view of the decline of the carbon market, instructs staff to investigate alternative funding sources and incentives to encourage the establishment of Trees on Farms that complement livestock and agricultural systems and protect the environment. Scott/Rose CARRIED 7/2 For: Scott, Rose, Remmerswaal, McGregor, von Dadelszen, Dick, Wilson Against: Kirton, Gilbertson Resource Management Charges 5. Agrees to the inclusion of cost increases to the Resource Management charges in the draft Annual Plan 2013-14 for public submission. Scott/Rose CARRIED Environment Awards 6. Instructs staff to advise Council as to how the process of recommending Green Ribbon Awards across the range of categories can be fairly considered. 7. Instructs staff to investigate a means of recognising the contributions of those groups and individuals outside of the currently established awards system that can be made by Council. CARRIED |
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Draft Annual Plan 2013-14 Communications Strategy |
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Mr Broadley outlined plans for the promotion of the Draft Annual Plan, which included an option for HBRC Cafe Chats for Wairoa, Waipawa, Napier and Hastings to encourage public engagement. Council discussed the options, and noted that if issues were important to the public they would attend a meeting. A suggestion was made that a public meeting be held at the Waipukurau Theatre for the CHB community. There were reservations about the Cafe Chats and how well they would be received. Responding to a question on webcasting, Mrs Lambert confirmed that there had been a delay in the setting up of this and a test run would now occur on 6 April ahead of ‘go live’ at the Council meeting on 24 April. Mr Broadley showed a short video which would be used to cover key points in the Draft Plan to promote the public consultation and submission process. Following further discussion staff were requested to discuss requirements with each constituency’s representatives.
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RC6/13 |
Resolutions 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. Endorses the proposed promotion and community engagement programme for the Draft Annual Plan 2013-14 and instructs staff to discuss requirements with each constituency’s representatives. von Dadelszen/Kirton CARRIED |
The meeting adjourned at 10.35am and reconvened at 10.50am
Business Hawke's Bay Update Presentation |
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Mr Stuart McLauchlan and Ms Michaela Vodanovich acknowledged Council’s support and funding assistance to date and gave a presentation outlining activities and achievements by Business HB to March 2013. Mr McLaughlan and Ms Vodanovich also answered questions from Councillors. Councillor Dick, in moving the recommendation, acknowledged the ongoing collaborative approach being taken by Business Hawke’s Bay in the region. |
1. That Council receives the report. CARRIED |
Adoption of the Draft 2013/14 Annual Plan |
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Mrs Lambert updated Council on the amendments to “Investments Managed Through Hawke’s Bay Regional Investment Company Limited (HBRIC Ltd) Council Introduction in the Plan as discussed by HBRIC Ltd at their recent Board meeting. Mr Drury then updated Councillors on the timelines for the draft Plan to be finalised, printed and distributed for public consultation by Wednesday, 3 April and the closing date for submissions of 10 May 2013. Mr Drury also outlined the amendments following recent discussions and the conclusions from a workshop on 14 February 2013 and noted that Council would look at any final amendments that may be necessary in June. Chairman Wilson vacated the Chair at 11.45am and Councillor McGregor assumed the Chair. Chairman Wilson resumed the Chair at 11.55am Council discussed the draft Plan, and concern was expressed that some explanations required further clarity. The meeting adjourned at 12.25pm and reconvened at 1.00pm. Councillor Gilbertson left the meeting at 1.00pm. Councillors continued to discuss the Draft Annual Plan and amendments were noted. |
That Council: 1. Confirms that the Draft Annual Plan 2013/14 will be subject to a special consultative procedure as required by section 95 (2) and 85 of the Local Government Act 2002. 2. Adopts the proposed scale and schedule of charges as set out in the “Resource Management Charges” section of the Draft Annual Plan 2013/14 included in Part 3 of that Plan, that these be part of the special consultative process as set out in section 85 of the Local Government Act 2002 (in conjunction with the Draft Annual Plan) and be part of the overall Statement of Proposal in accordance with section 36 (2) of the Resource Management Act 1991. 3. Agrees to fund the underlying deficit shown in the Plan from cash operating balances which are estimated to be at a level which is sufficient to provide such funding. 4. Adopts the Draft Annual Plan 2013/14 incorporating the changes initiated by Council on 14 February 2013 and any changes made by Council at its meeting held on 20 March 2013, under sections 85 & 95 of the Local Government Act 2002 for the purposes of initiating special consultative procedure and that the Draft Annual Plan, as adopted, will be the Statement of Proposal. 5. Resolves that where special consultative procedures are required for any significant decisions that are included in the Draft Annual Plan 2013/14, that the Statement of Proposal as required under section 83(1)(a)(i) of the Local Government Act 2002 is the Draft Annual Plan 2013/14. 6. Resolves that the summary of information as required by section 83(1)(a)(ii) in section 89 will be in the form of the Draft Annual Plan Summary and will be issued in the April issue of the ‘Our Place’. 7. Resolves that the public notice pursuant to section 83(e), (f) & (g) of the Local Government Act 2002 be given to notify the adoption of the Draft Annual Plan with a closing date of submissions of 10 May 2013. Scott/Kirton CARRIED 7/1 |
Councillor Dick left the meeting at 1.30pm
Significant Initiatives Update For Council |
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Chairman Wilson advised that a meeting would be held with the Minister in the near future to discuss the Tangoio Soil Conservation reserve proposed Maungaharuru Treaty Settlement and ownership issues. In response to a question, Mr Maxwell advised he would investigate whether the 70 consent holders who have not contacted Council to inform if meters had been installed were old consents and whether they were operating with or without meters. Mrs Lambert will send a confirmation email outlining the pests which would be included in the Regional Pest Management strategies. Chairman Wilson confirmed that safety issues for cyclists would be included in the Regional Cycling Plan. |
1. That Council receives the report titled ‘Significant Initiatives Update for Council’. CARRIED |
Councillor Dick returned to the meeting at 1.50pm
Verbal Update on the Drought |
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Mr Maxwell gave a presentation which updated Council on the drought situation in Hawke’s Bay. Mr Maxwell advised that as a result of recent rain, the irrigation bans had been lifted on the Ngaruroro River at Fernhill and the Tukituki River at Tapairu Road but he was not expecting the reprieve to last for long. Mr Maxwell also advised that many rivers and stream flows were the lowest in 25 years and although NIWA predictions are for normal rainfall until May, the region will take a lot longer to recover. Council noted that landowners in the Twyford area had worked together over the last two months and a water roster and rationing programme had been very successful with the Raupare stream being kept above minimum flow and only two days of non irrigation. Mr Maxwell confirmed a meeting of the newly formed Drought Committee would take place on Monday 26 March at 1.30pm in the Council Chambers. Responding to a question, Mr Maxwell advised he was unsure of what impact the current flows would have on fish life with 2.4 being the lowest minimum flow for fish life resulting in oxygen levels becoming low, little flowing water and lots of weed because of light. Chairman Wilson advised that the drought was a challenge for the community, with the impacts being long lasting. Prices for stock were low and there were difficulties in getting stock slaughtered, however already there were processes in place in relation to funding and cash reserves. |
1. That the report be received. CARRIED |
General Business |
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Councillor McGregor left the meeting at 2.20pm
17. Confirmation of the Public Excluded Minutes of the Regional Council Meeting Held on 27 February 2013
Resolution
1. That Council excludes the public from this section of the meeting, being Agenda Item 17 Confirmation of the Public Excluded Minutes of the Regional Council meeting held Wednesday 27 February 2013 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 27 February 2013 |
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. |
Rose/Scott
CARRIED
The meeting went into public excluded session at 2.20pm and out of public excluded session at 2.35pm
Closure:
There being no further business the Chairman declared the meeting closed at 2.36pm on Wednesday, 20 March 2013.
Signed as a true and correct record.
DATE: ................................................ CHAIRMAN: ...............................................