Minutes of Environment and Services Committee

1. Welcome/Apologies/Notices

The Chairman welcomed all present to the meeting.

Resolution

ESC17/13 That the apologies from Councillors Remmerswaal and Kirton for absence be received.

Wilson/Gilbertson

CARRIED

16.

Ruataniwha Water Storage Scheme Concession Deed Terms Sheet

ESC18/13

Resolution

1. That Council excludes the public from this section of the meeting, being Agenda Item 16 Ruataniwha Water Storage Scheme Concession Deed Terms Sheet 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

Ruataniwha Water Storage Scheme Concession Deed Terms Sheet

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).

7(2)(j) 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 prevent the disclosure or use of official information for improper gain or improper advantage.

The Council is specified, in the First Schedule to this Act, as a body to which the Act applies.

2. That Mrs Danelle Dinsdale and Mr Hugh Kettle be present for the discussion of this item in order to provide expert advice.

Scott/Wilson

CARRIED

17.

Chevron Enforcement Order Update

ESC19/13

Resolution

That Council excludes the public from this section of the meeting, being Agenda Item 17 Chevron Enforcement Order Update 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
Chevron Enforcement Order Update	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.

Scott/McGregor

CARRIED

The meeting went into public excluded session at 8.20am and out of public excluded session at 10.10 am.

2. Conflict of Interest Declarations

There were no conflict of interest declarations.

3. Confirmation of Minutes of the Environment and Services Committee Held on 20 February 2013

ESC20/13

Resolution

Minutes of the Environment and Services Committee held on Wednesday, 20 February 2013, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and accurate record following a request to Mr Maxwell to clarify the wording in item 13 para 4.

Wilson /Scott

Abstained: Douglas

CARRIED

4. Matters Arising From Minutes of the Environment and Services Committee Held on Wednesday 20 February 2013

Councillor Scott noted that in item 8 Makara Dam Statement of Proposal in Resolution 4 – The Hearings Panel was made up of Councillor Scott (Chairman) and an independent Mr Gary Williams and not Councillors Wilson and Rose as previously stated.

Action Items From Meetings

There were no outstanding action items.

ESC21/13

Resolution

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

Wilson /Scott

CARRIED

6.	Call For General Business
	Councillor Scott - Appointment to TANK stakeholder group

Low Flow Notifications

Mr Maxwell and Mr Lawrence provided the Committee with an update and outlined recent outcomes from meeting with members of horticulture industry.

The following comments were noted:

· Low Flow Warnings to be stopped to encourage a more proactive approach by consent holders to work together.

· Website information needs to be up to date and user friendly.

· Council will be trialling “No charge” to SMS alerts for the first year. Either voice or SMS alert messages would be sent out.

· Staff looking at what other projects could utilise SMS, which could result in a higher volume rate and a cheaper bulk deal.

· Options for other users (civil defence & TLAs) to access our software being investigated.

· Mr Lawrence used the white board to demonstrate how mean daily flows were measured using technology which results in removing the less accurate measure of staff judgement to gauge river flows.

· The mean daily flow is calculated at 6am each day automatically and that flow logged as the ‘regulatory flow’. This regulatory flow has effect from 7am that day until 7am the next day. If the flow is less than the minimum flow, consent holders are then automatically notified via the CIC system by text message, voice message, email or fax with the corresponding ban having effect from 5pm that day.

· There will still be the ability to manually take off ban should a flow warrant it.

· Following a question it was advised that there is no formal irrigator group in the lower Tukituki catchment.

ESC22/13

Resolutions

The Environment and Services Committee recommends that Council:

1. Adopts the proposed Low Flow Notification policy, starts communicating with affected consent holders regarding the changes, and

2. Instructs the Manager – Resource Use and the Group Manager Resource Management to make minor implementation changes if needed to ensure the new system delivers the appropriate outcomes.

Gilbertson/Scott

CARRIED

The meeting adjourned at 10.30 am and resumed at 10.45 am

Land Management Operational Plan

Mr Adye welcomed Mr Leckie and introduced Mr Nathan Heath to the Committee. He highlighted the change of focus for Land Management and the input that Mr Heath had had in this.

The following comments were noted:

· An erosion cost calculator tool, presently in development, would be a tool for farmers to show the cost benefits of changing land use.

· Details still to be finalised with MPI on extending the Wairoa Hill Country Erosion programme.

· The stock exclusion rules as part of Tukituki Catchment Implementation Plan will be an important part of achieving plan outcomes.

· Staff acknowledged that using the work significant to describe reducing soil erosion of 150,000 ha of steep farmland by 7% is not appropriate.

Mr Leckie and Mr Heath then delivered a powerpoint presentation.

· Mr Heath advised that work had already commenced within Council with regard to two high priority catchments Papanui and Porangahau streams. He said community workshops and stakeholder engagement will be initiated in the coming months.

· Any cuts in budget could impact on the Land Management plan and result in projects being cut.

· HBRC staff were reviewing the Taranaki Regional Council’s Riparian planting programme to gauge opportunities for Hawke’s Bay.

· Staff advised that a number of mechanisms would be used to assist farmers including demonstration days, working collaboratively with industry and the Ballance Farm Environment Awards. Staff noted the suggestion of working alongside farmers demonstrating best practice and innovation.

· A media strategy was being developed.

· Comment was made on a recent Fish & Game interview on the radio NZ. Mr Maxwell clarified how the limits are set and how they will be regulated. He noted it was disappointing the interview was so one sided.

· Members of the Committee acknowledged the Land Management Plan and looked forward to seeing tools developed and results achieved. The Chairman thanked the team for the continued efforts.

ESC23/13

Resolutions

The Environment and Services 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.

2. Adopts the Land Management operational plan 2013-14, subject to any amendments agreed by the Committee.

Gilbertson/Scott

CARRIED

Biosecurity Operational Plans

Mr Leckie introduced the plant and animal plans and provided an overview for the Committee.

The following comments were noted:

· Taskforce as a tool to combat Chilean Needlegrass had now had two applications however it was too soon to determine its long term effectiveness. This would take approximately two years.

· Following an appeal to the Environment Court on the subsidy provided for the control of Needlegrass Mr Leckie advised that since Council agreed to fund the full cost of the chemical it had been provided to landowners for application over the past 10 months.

· Rooks - Mr Leckie confirmed good progress was being made controlling Rook populations. He advised that cross border control was a work in progress with Horizons with both Councils communicating and using the same methods of control.

· Responding to a question on why Pinus Contorta was the only species targeted, Mr Leckie advised this was the only species specified in the Regional Pest Management Strategy and was focussed on as being the most prevalent in our region.

· In the Taupo-Rangitikei region control takes place on Maori owned land – where 90 ha have been dealt with and a bigger area of 1200ha was being worked on over time he advised.

· On our western boundary possum control work is carried out collaboratively with Horizons and cross boundary zones well managed.

· Mr Adye advised that boundary issues with DOC were currently being discussed through Nature Central and being worked through.

· It was noted that effective control of Argentine ants was difficult. Urban area land owners are advised by letter outlining best practice methods for keep the ants under control however it was difficult to get consistency between individual properties.

· Informing the public through media will continue as part of our ongoing strategy in education.

· Mr Leckie outlined the Cape to City trial concept of wide scale predator control in conjunction with Poutiri Ao O Tane.

· It was noted that the Poutiri Ao O Tane work had demonstrated that the cost to get rid of a feral cat to be approximately $200 each.

· It was noted that this type of project would have wide public appeal and it would be important to have public support.

ESC24/13

Resolutions

The Environment and Services 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.

2. In accordance with the requirements of the Biosecurity Act 1993; after the inclusion of any amendments made as a result of the Committee’s consideration, adopts the:

2.1. Animal Pest Operational Plan 2013/14

2.2. Plant Pest Operational Plan 2013/14

2.3. Phytosanitary Operational Plan 2013/14.

Wilson /Gilbertson

CARRIED

10.

Councillor Remuneration

Mr Drury was welcomed to the meeting. He outlined that the Additional Pool of funds as outlined by the Remuneration Authority was up for debate and to be determined by Councillors on how it was divided up.

The following comments were noted:

· Mr Drury outlined the details as shown in the table attachment for current remuneration packages along with two scenarios.

· Following a question on providing Job descriptions for the roles Councillors carry out, Mrs Lambert advised that Mr Collings was working on these at present.

· Councillor Dick suggested that the positions have a “job sizing” exercise carried out independently of Council and recommended the following Additional motion … That council obtain additional independent advice prior to upcoming elections to carry out a job size exercise for the positions of committee chairs and deputy chairs.

The motion was lost 3/5.

ESC25/13

Resolutions

The Environment and Services 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.

2. Resolves the level of payments set out below to be made to Councillors in positions of responsibility for the period after the 2013 elections until the end of the 2013/14 financial year, consistent with the funding pool advised by the Authority, and recommends to the Authority that these payment levels be included in the determination for the period after the 2013 elections until the end of the 2013/14 financial year. That up to six positions of responsibility be allowed for but that where the Chairman or the Deputy Chairman of Council holds a Committee Chair that no further payment is made for this responsibility. In such a case the extra allowance is returned to the general fund. Based on the current committees this would be

Role

Position of Responsibility Remuneration

Deputy Chairman of Council

$58,375

Chairman of:

Corporate & Strategic Committee

Environment & Services Committee

Regional Planning Committee

Regional Transport Committee

Hearings Committee

$58,375

3. Resolves the level of remuneration for the Chairman of the Maori Committee be set, for the remainder of the 2013/14 financial year from the date of appointment subsequent to the 2013 elections, at the salary for an elected member of Council without committee chairman responsibilities and notes that this payment of the salary is not funded from the net Council remuneration pool advised by the Authority.

4. Resolves that the level of meeting fees and travel allowance paid to members of the Maori Committee be increased to $270 per day and $0.77 per km from the date of appointment subsequent to the 2013 elections.

5. Resolves that tangata whenua appointed members of the Maori Committee (excluding the Chairman of the Maori Committee) who are appointed to Plan hearings that are not related to resource consent hearings be remunerated at the rates set out in the applicable Local Government Elected Members Determination for all hearing time, as defined in that determination.

Scott/Rose

CARRIED

The meeting adjourned at 12.30 pm and resumed at 1.05 pm.

11.

RMA Delegations

Mr Maxwell outlined the recommendations in this paper. He discussed the option of bringing back to the next Environment & Services Committee meeting in August a simple table outlining the significant delegations as staff saw them. This would be carried out annually to keep Council informed.

It was requested that background information on prosecutions and enforcement action also be included in the table.

ESC26/13

Resolution

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

Gilbertson/Scott

CARRIED

12.

Recognising Community Environmental Initatives

Mr Broadley outlined this paper to the Committee which was in response to a request from Council earlier in the year.

· Point 8 of the paper highlighted that Council currently highlights achievement in environmental initiatives through “Our Place”.

· Staff suggested in point 12 that a more formal ceremonial event could be held in conjunction with an Environment & Service’s Committee day. However the Committee thought recognition at a full Regional Council meeting would be more appropriate.

· It was acknowledged that no approach was made to nominees of the Ballance Farm Environment Awards to be put forward for a Green Ribbon award and this could have been done.

· Mr Broadley advised that the neither the Napier City Council or Hastings District Council wished to participate in any form of Community Environmental initiatives at the present time.

ESC27/13

Resolution

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

Scott/Douglas

CARRIED

13.

Maungaharuru Tangitu Treaty Settlement

Mr Adye brought the Committee up to date on MTI settlement process and how the treaty settlement will impact on HBRC and the Tangoio soil Conservation Reserve. He outlined the key points as set out in the paper.

· A catchments fund will be established. It can be used for a range of soil conservation and environmental enhancement work including water quality issues in Lake Tutira.

· Treaty legislation is expected to be passed mid next year.

· The current Tangoio Soil Conservation fund currently sitting on the Regional Council balance sheet will need to be appropriately identified as belonging to the Crown and surplus to requirements for ongoing management of Tangoio SCR may be transferred to a catchments fund.

· Council will have the option of charging an annual management fee.

· The treaty settlement does not include HBRC land being transferred to Hapu.

ESC28/13

Resolution

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

Gilbertson/Wilson

CARRIED

14.

Statutory Advocacy Update

Esther Amy Bate was welcomed to the meeting and presented the Statutory Advocacy Update for the month ending 31 May 2013.

· Ms Bate advised where an incorrect reference point on the map was located, should be NCC

· She advised that there were three new items since the last report in February.

o Release of Draft Plan Change 10 from Napier City Council, which HBRC had provided feedback on;

o Release of Draft District Plan Review from Hastings District Council which HBRC had provided feedback on.

o And one notified Resource Consent – from Hastings District Council – to establish a visit centre on Te Mata Peak.

· Ms Bate confirmed that some HPUDs themes had been included within the HDC plan review and the NCC plan change. She also noted that both City and District plans would include HPUDs recommendations.

· A request was made that the HPUD’s implementation committee report back to the E&S Committee in light of the HDC Review and NCC Plan Change 10.

ACTION: that the HPUDS Implementation and Monitoring Committee provides an update to the E&S Committee in light of the draft changes to the Hastings District Plan and the City of Napier District Plan.

ESC29/13

Resolution

1. That the Environment and Services Committee receives the Statutory Advocacy Update report.

Wilson /Scott

CARRIED

15.

General Business

TANK Committee – Councillor Scott

With the resignation of Councillor von Dadelszen from the TANK committee a, Councillor replacement was required.

ACTION: Staff to provide a paper with a recommendation on a Councillor replacement for TANK.

Closure:

There being no further business the Chairman declared the meeting closed at 1.35 pm on Wednesday, 12 June 2013.

Signed as a true and correct record.

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