Minutes of Regional Council Meeting

1. Welcome/Prayer/Apologies/Notices

The Chairman welcomed all those present to the meeting and Councillor Gilbertson offered the prayer.

Resolution

RC45/13 Receives the apology for lateness from Mr Mohi.

Gilbertson/McGregor

CARRIED

2. Conflict of Interest Declarations

There were no conflict of interest declarations.

3. Confirmation of the Minutes of the Regional Council Meeting Held on 1 May 2013

RC46/13

Resolution

Minutes of the Regional Council Meeting held on Wednesday, 1 May 2013, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and accurate record.

Scott/Rose

CARRIED

4. Matters Arising from the Minutes of the Regional Council Meeting Held on Wednesday 1 May 2013

There were no matters arising from the minutes.

Action Items From Previous Regional Council Meetings

Mr Adye advised councillors of the status of stock exclusion from HBRC river berm land.

Mr Drury advised that Council staff are investigating the inclusion of HBRIC Ltd performance measures in the HBRC annual report.

Mr Adye advised that an opening of the cycle trails is being planned.

RC47/13

Resolution

1. That Council receives the report “Action Items from Previous Meetings”.

McGregor/Scott

CARRIED

Call For General Business Items

E Lambert – Constitution Conversation

Cr Gilbertson – Leave of Absence

Extraordinary Vacancy Following Resignation of Councillor von Dadelszen

Ms Lambert provided an overview of the LGA requirements under the circumstance of a resignation occurring within 12 months of an election.

It was queried whether it was necessary to fill the vacancy and whether it may be prudent not to.

In discussion on the nomination of Dr David Marshall, it was stated that David Marshall previously served on Council, and is a long standing resident of Napier.

The chairman advised that he had spoken with Mr Douglas to query whether he was available should Council decide to fill the vacancy left by Mrs von Dadelszen’s resignation under the convention of ‘next highest polling candidate’.

Cr Dick advised that he had not had any discussions with Mr Douglas or any other possible candidates for nomination.

Cr McGregor similarly advised that he had not had any discussions with Mr Douglas.

It was suggested that as Cr Wilson had previously served as Chairman, that he resume the position of Chair of the Corporate and Strategic Committee left vacant with Mrs von Dadelszen’s resignation.

RC48/13

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. In accordance with s.117(3)(b) of the Local Electoral Act (2001) resolves not to fill the extraordinary vacancy in the Hastings constituency caused by the resignation of Councillor von Dadelszen and publicly notifies this decision.

Kirton/McGregor

For: Remmerswaal, McGregor, Gilbertson, Kirton

Against: Dick, Scott, Rose, Wilson

CASTING VOTE: Against

LOST

Councillor Kirton moved, seconded pro forma by Cr McGregor, that:

2. Council appoints Dr David Marshall to fill the vacancy left by Mrs von Dadelszen’s resignation.

Kirton/McGregor

For: Remmerswaal, McGregor, Kirton

Against: Dick, Scott, Rose, Wilson

Abstained: Gilbertson

LOST

That Council:

2. In accordance with s.117(3) (a) of the Local Electoral Act 2001 resolves to fill the extraordinary vacancy in the Hastings constituency caused by the resignation of Councillor von Dadelszen; and further resolves:

2.1. that the vacancy be filled by the appointment of Mr Murray Douglas and

2.2. that for the purpose of section 118(b) of the Local Electoral Act 2001 the criteria by which Mr Murray Douglas was selected for appointment are that he was the next highest polling candidate in the 2010 local government election; and

2.3. that the Council gives public notice of the above resolution.

Wilson/Rose

For: Dick, Scott, Rose, Wilson

Against Remmerswaal, Gilbertson, Kirton

Abstained: McGregor

CARRIED

3. Resolves to appoint Councillor Fenton Wilson as Chairman of the Corporate and Strategic Committee.

Scott/Dick

CARRIED UNANIMOUSLY

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.

Seal No.

Date

1.1

Leasehold Land Sales

1.1.1 Lot 10

DP 10513

CT E2/369

- Agreement for Sale and Purchase

(no discount valuation fee paid after 30 June 2012)

3697

6 May 2013

1.6

Deed of Grant of Easements

1.6.1 Lot 1 DP 442384

CT 551784

(Pedestrian and cycle way – Waimarama Rd)

1.6.2 Lot 1 DP 453989

CT 582145

(Pedestrian and cycle way – Waimarama Rd)

3693

3694

6 May 2013

1.7

Deed of Surrender

Memorandum of Transfer 667755.1

CT H3/364

(Forestry Right – Erosion control)

3695

6 May 2013

1.8

Heads of Agreement

Lot 3 DP 389090

(Acquiring piece of land adjacent to Tukituki River – flood control)

3696

6 May 2013

RC49/13

Resolutions

That Council:

2. Confirms the action to affix the Common Seal.

Rose/Scott

CARRIED

Change 5 Hearing Panel Recommendations

Mr Ide provided Council with an overview of the process, including the process undertaken to decide the Panel composition.

There was a query in regard to deletion or reinstatement of Objective 15, Mr Ide clarified that there had been a typing error and the Panel’s report stated that Objective 15 was to be retained with the original wording.

In relation to the addition of proverbs and ‘microbiological’ water quality – Mr Ide explained that the Panel was satisfied that these changes were as a result of submissions.

In relation to definitions of various terms, it was noted that Plan Change 5 is part of the more substantial RRMP which includes extensive and full definitions and descriptions of terms and words used.

RC50/13

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 submissions 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. Further, the decisions to be made are part of a public submission process required under the Resource Management Act 1991 (RMA).

2. Adopts as its own decisions in accordance with Schedule 1 Clause 10 of the RMA, the ‘Report and recommendations to Council of Commissioners D Nugent, R Maaka and M Mohi dated 20 May 2013’ as set out in Attachment 2.

3. Considers the need to request staff to prepare a report for consideration by the Regional Planning Committee that relates to the Panel’s recommendation at paragraphs 234-235 of the above report.

4. Authorises Council officers to undertake the administrative work necessary to issue the decisions of Council to submitters.

5. Authorises Council officers to update the Regional Resource Management Plan in accordance with Change 5: (‘Land and fresh water management’) and the adopted decisions of Council.

Scott/Rose

CARRIED

The meeting adjourned at 10.30am and reconvened at 10.50am

10.

Hearing Panel Recommendations on Submissions on the Statement of Proposal for Remediation Work on the Upper Makara Scheme

Mr Adye provided an overview of the process to date and the process from here.

Mr Mohi arrived at 11am.

Mr Adye explained that the rating impacts for scheme ratepayers would be based on the level of benefit the property would receive directly from the scheme.

RC51/13

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 further 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 recommendations of the Hearing Panel.

3. Agrees to proceed with the work necessary to complete the design, tender and construction of the remedial work, with consideration of the tender for construction to be considered by the HBRC Tenders Committee subject to tenders resulting in the final project cost not exceeding 115% of the estimated project cost of $1,204,000.

4. Includes the following changes into the Annual Plan 2013/14 to be adopted at its meeting on 26 June 2013.

4.1. Pursuant to Section 16(4)(b) of the Local Government (Rating) Act 2002 (the Act) amends the existing Differential for the Upper Makara Catchment Control Scheme, being a Targeted Rate, by boundary changes in accordance with Map (reference).

4.2. Pursuant to Section 17 of the Act, the category of land for setting a Targeted Rate will be based upon area of land within each rating unit as set out in Clause 4 of Schedule 2 of the Act.

4.3. Pursuant to Section 18 of the Act each rating unit within the Upper Makara Catchment Control Scheme will be rated on the area of land, as listed in Clause 5 of Schedule 3 of the Act. The rates will be calculated in accordance with the relevant Differential category, as amended, from 1 July 2013.

4.4. Changes to budgets for the Upper Makara Scheme to provide for the detailed design, tendering and construction of the No 1 dam.

McGregor/Rose

CARRIED

11.

Recommendations from the Maori Committee

Ms Lambert explained that this process had been set out in order to provide consistency for Council about the way hapu management plans are received, and also to assist hapu by setting out what the requirements and expectations are in relation to hapu plans that they wish to put to Council.

RC52/13

Resolutions

That Council:

Receiving Hapū Management Plans

2. In relation to ‘receiving’ hapu management plans (HMP), follows a process which includes the following key steps:

2.1 Hapu group advises the Regional Council of its intention to lodge a HMP.

2.2 Staff make arrangements for next practicable meeting of Maori Committee to be on an appropriate marae.

2.3 Hapu representatives present their HMP to meeting of Maori Committee on marae.

2.4 At the next regular meeting of Maori Committee following presentation of HMP, HMP is further considered by Maori Committee (with any relevant staff comments). Maori Committee recommend that Council ‘receives’ HMP. Additional commentary may be provided regarding merits of HMP content.

2.5 At the next regular Council meeting, Council considers ‘receiving’ HMP.

2.6 After Council officially ‘receives’ HMP, then HMP published on website, circulated to relevant staff and other Council contacts as appropriate.

Scott/Gilbertson

CARRIED

12.

Recommendations from the Corporate and Strategic Committee

Mr Adye provided further detail in relation to the amendments to the risk issues.

There was discussion on Health & Safety risks raised by the ‘Pike River’ report and possible implications for this Council’s responsibilities. Mr Adye stated that he was aware of the report and would be following up on any implications for Council’s Health and Safety requirements and any associated risks.

It was again suggested that investigation be carried out into including Climate Change as a separate risk, and one of the top 10 risks.

Mr Newman reiterated that the risks on the list were risks to Council operations.

RC53/13

Resolutions

The Committee recommends that Council:

Top 10 Corporate Risks Assessment

2. Notes the top ten risks currently facing Council.

3. Approves the risk mitigation approach to each of the ten risk issues as set out as amended, and ensures that climate change matters are noted in the appropriate risks.

4. Notes that the following reports were received at the meeting held on 8 May 2013

4.1 Public Transport Update

4.2 HBRIC Ltd Update to HBRIC

4.3 HB Tourism Quarterly Report for the Period Ending 31 March 2013

4.4 Additional Information Sought – Napier Commercial Accommodation

Scott/Kirton

CARRIED

Councillor Remmerswaal moved an additional resolution, 3.1, which was seconded by Councillor Kirton, being:

3.1 Requests that staff provide a report to the Environment and Services Committee, updating Council on the latest science on Climate Change and how it can actively mitigate against it by reducing CO₂ emissions.

Remmerswaal/Kirton

For: Dick, Remmerswaal, McGregor, Gilbertson, Rose, Kirton

Against: Scott, Wilson

CARRIED

13.

Guppy Road Reserve Land Transfer

Mr Hansen introduced Rebecca Mackenzie, a Senior Property Consultant with the Property Group.

Mr Hansen then provided an overview of the history of the land in question and pointed out the various parcels on an overhead map.

It was noted that a previous request to landscape the motorway boundary to beautify it and present an enhanced ‘profile’ for the Council operations at the site had not been actioned yet. Mr Hansen explained options being considered to provide screening of the more unsightly parts of the site from the motorway.

Mr Hansen explained that consideration of future development of the Operations site had been considered, and staff were satisfied that is sufficient residual land retained by Council to meet future needs.

RC54/13

Resolutions

That Council:

2. Council resolves to make application to the Minister of Conservation to carry out the following actions under the Reserves Act 1977.

2.1. Cancellation of the vesting of the Reserve Land in the Hawkes Bay Regional Council under Section 27 of the Act.

2.2. Classification of the Reserve Land as Local Purpose (Sport and Recreational Buildings) Reserve under Section 16 of the Act.

2.3. Vesting of the Reserve Land in the Napier City Council under Section 26 of the Act.

Gilbertson/Rose

CARRIED

Mr Mohi left the meeting at 12.15pm

15.

Councillor Remuneration

Mr Drury and Mr Collings provided an overview of the Remuneration Authority’s determination for the payment of Councillors, to take effect after the October elections.

According to information received recently from the Authority, officers would be presenting a paper to the Environment and Services Committee on 12 June for consideration of the level of payment to positions of additional responsibility.

Mr Mohi re-joined the meeting at 12.25pm

RC55/13

Resolution

1. That Council receives the report.

Rose/Scott

CARRIED

The meeting adjourned at 12.30pm and reconvened at 1.00pm

14.

HBRIC Ltd 2013-14 Statement of Intent

Mrs Lambert provided an overview of the process required for the HBRIC Statement of Intent, which Council is required to approve by 30 June.

Mr Caldwell provided an overview of the amendments made subsequent to input sought from Council at the April Council meeting.

There was discussion covering the HBRIC Ltd Constitution and how that document relates to the Statement of Intent, about the processes around subsidiary companies and their relative Statements of Intent as well as how ‘deemed director’ status is determined and perceived conflicts of interest of Councillor directors.

Councillors agreed to replace the paragraph on page 9 of the HBRIC Ltd SoI, headed Subsidiary Companies, with: All subsidiary companies are required to submit an annual Statement of Intent to HBRIC Ltd, which will evaluate them and suggest changes as considered necessary, before finalisation by the company concerned. In the event of a new subsidiary company being established the first statement of Intent of the subsidiary company will be referred to the Council for comment. Subsequently, if any material changes are proposed by subsidiaries, HBRIC Ltd will consult with Council on such changes.

It was suggested that any perceived conflicts of interest for Councillor directors would be a matter for Council to address, not HBRIC Ltd, and therefore the paragraph referring to handling of those conflicts could be removed from the Statement of Intent.

RC56/13

Resolutions

That Council:

2. Notes that this Statement of Intent for HBRIC Ltd, as a Council Controlled Trading Organisation, is required to be presented to Council as a shareholder of HBRIC Ltd under the provisions of the Local Government Act 2002.

3. Approves HBRIC Ltd’s submitted Statement of Intent with the inclusion of amendments agreed at this meeting, and notes that the Statement of Intent reflects the Council’s objectives for HBRIC Ltd and has been prepared in accordance with the requirements of the Local Government Act 2002.

Rose/Dick

For: Dick, Remmerswaal, McGregor, Scott, Rose, Kirton, Wilson

Against: Gilbertson

CARRIED

16.

Work Plan Looking Forward Through June 2013

In relation to the Biodiversity Strategy, it was noted that input had been sought from Adele Whyte and Piri Prentice.

Mr Adye provided an undertaking to email councillors details related to the rabbit control operation at Cape Sanctuary and plantings at Waihapua.

RC57/13

Resolution

1. That Council receives the Work Plan Looking Forward through June 2013 report.

Scott/Rose

CARRIED

17.

Chairman's Monthly Report (Tabled)

Chairman Wilson advised that the Drought Committee met again early this week, and continues to work to assist farmers with the ongoing challenges still to face in recovering from the drought.

The Chairman then provided additional detail in relation to topics of discussion at various meetings.

RC58/13

Resolution

That the report be received.

Kirton/Scott

CARRIED

18.

General Business

Item

Topic

Councillor / Staff

Constitution Conversation

Ms Lambert advised that a presentation will be made by Deborah Coddington about the Constitution Conversation next Wednesday at 1pm, prior to the Regional Planning Committee meeting.

E Lambert

Leave of Absence

Mr Gilbertson requested Leave for the month of July

Cr Gilbertson

Resolution

RC59/13 The Councillor Gilbertson is granted Leave for the month of July 2013.

Rose/McGregor

CARRIED

19.

Sale of Leasehold Land Cashflows

RC60/13

Resolution

That Council excludes the public from this section of the meeting, being Agenda Item 19 Sale of Leasehold Land Cashflows 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
Sale of Leasehold Land Cashflows	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.

McGregor/Rose

CARRIED

The meeting went into public excluded session at 2.40pm and out of public excluded session at 3.00pm

Closure:

There being no further business the Chairman declared the meeting closed at 3.00pm on Wednesday, 29 May 2013.

Signed as a true and correct record.

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