MINUTES OF A meeting of the Regional Council
Date: Wednesday 26 June 2013
Time: 9.00 am
Venue: |
Council Chamber Hawke's Bay Regional Council 159 Dalton Street NAPIER |
M Douglas
T Gilbertson
E McGregor
L Remmerswaal
K Rose
C Scott
F Wilson - Chairman
In Attendance: M Mohi – Chairman – Maori Committee
A Newman – Chief Executive
E Lambert – General Manager (Operations)
L Hooper – Governance & Corporate Administration Manager
I Maxwell – Group Manager Resource Management
M Heaney – Heat Smart Programme Coordinator
M Collings – Corporate Accountant
The Chairman welcomed everyone present to the meeting, and Councillor Douglas offered the prayer.
Resolution
RC1/13 That the apologies for absence from Councillor Kirton be received, and that apologies from Mr Mohi for having to leave at 10.20am be received.
Rose/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 10 & 11 June 2013
Minutes of the Regional Council Meeting held on Monday 10 and Tuesday 11 June 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 the Minutes of the Regional Council Meeting Held on Monday and Tuesday 10 & 11 June 2013
In relation to page 11, Project 893 carry forward, Ms Lambert explained the funding provisions under the Regional Infrastructure project.
There were no further matters arising from the minutes.
Action Items from Previous Regional Council Meetings |
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Ms Lambert provided an update as to the status of the list on the Actions list. In relation to the plantings at Waihapua, there was a query about the species planted. In relation to Open Spaces, it was reiterated that a full report on the funds remaining in the project and options for use of those funds is still to be brought to Council for consideration. |
1. That Council receives the report “Action Items from Previous Meetings”. CARRIED |
Call for General Business Items |
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Cr Gilbertson – Transparent HB meeting 25 June Cr McGregor – Ballance Awards Cr Remmerswaal – Brazil conference |
Maori Committee Chairman's Update from the Meeting Held 25 June 2013 |
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Mr Mohi advised Councillors of Tipu Tareha’s death last week, and expressed his thanks to those who attended the tangi. The Committee was updated on the Ruataniwha Water Storage Scheme and the role of HBRIC Ltd. A particular concern expressed at the meeting, was perceived inaction of the Minister for the Environment addressing the situation of the Longfin Eel. It was suggested that Council write to the Ministry reiterating the importance of addressing this as a priority. Mr Mohi advised that Peter Paku had resigned his position as the Environment and Services Committee Maori representative and that, due to there being only one further meeting this triennium, the Maori Committee had agreed that a replacement appointment would not be made. |
1. That the “Maori Committee Chairman's Update from the Meeting held 25 June 2013” report be received. CARRIED |
Affixing of the 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 |
Recommendations from the Environment and Services Committee |
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There was discussion of the Remuneration Authority determination and how the payments for positions of responsibility may be allocated will be finally decided by the incoming Council. It was reiterated that the purpose of making the recommendations was in order to provide candidates standing for election an idea of potential pay rates. |
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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. Low Flow Notifications 2. Adopts the proposed Low Flow Notification policy; being: Notification Policy Council will no longer provide manual notification to individual consent holders that a river is getting low and on warning status. The status of river flows will continue to be provided through Council’s website. The cost of sending SMS alerts for reduction, bans and ban liftings will not be charged to individual consent holders in the first year. The cost will be born as a general cost to the low flow project in the first year and shared as a project cost overhead. Once we get a better idea of cost distribution due to SMS alert uptake, staff will seek feedback from a greater cross section of low flow consent holders to decide whether a fixed charge should be set per SMS contact in the Annual Plan. Due to potential transmission delays of SMS and Voice messages, low flow contacts will be required to nominate either a fax or email also if they chose SMS or Voice notification. Decision making will now be an automatic process based on mean daily flow (MDF) rather than staff personal judgement based on instantaneous flow. All telemetered low flow sites will have the MDF calculated from 0600 NZST – 0600 NZST. By 0700 NZST, all flow information will be received by Council systems and the calculated mean daily flow for each site will be placed into a regulatory flow table. This becomes the ‘regulatory flow’ for the purpose of this policy. The ‘regulatory flow’ is the flow that is applied to the following 0700 NZST – 0700 NZST period and is the flow used for all regulatory compliance purposes over that period. Example, if a low flow site has minimum flow of 400 l/s, and the MDF from 0600 on 21 December 2014 to 0600 on 22 December 2014 is calculated as 410 l/s, the regulatory flow from 0700 on 22 December 2014 to 0700 on 23 December 2014 will be 410 l/s. If the instantaneous flow drops below 400 l/s before 0700 on 23 December 2014, the river will not be put on ban unless the next MDF is below the low flow limit. At 0705 NZST each day, any consent holders affected by a change (reduction, ban on or ban off) in a calculated MDF will be advised automatically by the CIC. All reductions and bans will take effect at 1700 NZST on the day of notification. All liftings will take effect immediately upon notification at 0705 NZST. Staff will continue to explore if it is possible to cost effectively have the CIC system programmed to enable bans to be lifted manually. This may occur if a rivers instantaneous flow gets sufficiently above a minimum flow, during a significant rain event up catchment, to warrant staff doing a manual calculation that shows the MDF will exceed the minimum flow the next day. Un-telemetered sites will have the last manual gauged flow, entered into the regulatory flow table each day, until another manual gauging is undertaken. 3. 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; and to start communicating the changes to affected consent holders. Land Management Operational Plan 4. Adopts the Land Management Operational Plan 2013-14, subject to any amendments agreed by the Committee. Biosecurity Operational Plans 5. 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: 5.1 Animal Pest Operational Plan 2013/14 5.2 Plant Pest Operational Plan 2013/14 5.3 Phytosanitary Operational Plan 2013/14. Councillor Remuneration 6. 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 will be:
7. 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. 8. 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. 9. 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. 10. Notes that the following information reports were received at the Environment and Services Committee meeting held on 12 June 2013 10.1 RMA Delegations 10.2 Recognising Community Environmental Initiatives 10.3 Maungaharuru-Tangitū Inc Treaty Settlement 10.4 Statutory Advocacy Update. For: Dick, McGregor, Scott, Gilbertson, Rose, Douglas, Wilson Against: Remmerswaal CARRIED |
Recommendations from the Regional Planning Committee |
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There was discussion of the Taharua/Mohaka policy development programme and ongoing consultation and progress in the catchment. |
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.
Appeals on Change 4 2 Delegates to the Group Manager Strategic Development (and any legal counsel acting as the Group Manager’s agent) the authority to sign, on behalf of Council, any mediated agreement in relation Transpower New Zealand Limited’s appeal on Change 4 to the Hawke's Bay Regional Resource Management Plan, providing such mediated agreement as consistent with the overall content of the council’s original decision. 3 Notes that staff will liaise with the Chair of the Change 4 Hearings Panel to establish an initial position in response to the appeal by Transpower New Zealand Limited. 4 Notes that staff who attend Environment Court hearings must adopt a position that is supported by the evidence that the Regional Council’s experts have prepared. Update on Taharua/Mohaka Policy Development 5 Notes the position statement of the main Taharua landowners, including their continued support for a collaborative process and the existing Taharua catchment management proposal that was agreed in principle by Council in 2012. 6 Notes the science programme being implemented to support Taharua-Mohaka policy-making and the need for this work to be given sufficient priority among Council’s programmes to avoid further delays. 7 Undertakes a Taharua-Mohaka Choices consultation process and draw up a more detailed project plan. 8 Supports continued staff collaboration with the Taharua Stakeholder Group and landowner catchment management group for ongoing improvements in management of the Taharua catchment and development of a Choices public consultation document. 9 Instructs staff to provide the Committee with progress updates at key points in the policy-making process. 10 Notes that the following reports were received at the meeting held on 5 June 2013: 10.1 Tamatea Taiwhenua Overview of the Ruataniwha Water Storage Scheme 10.2 Update on Greater Heretaunga/Ahuriri Policy Development. For: Dick, McGregor, Scott, Gilbertson, Rose, Douglas, Wilson Against: Remmerswaal CARRIED |
Heat Smart Programme Review and 2013 Budget Impacts |
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Mr Heaney advised that there have been 5 air quality standard exceedences in Hastings this year, and that this serves as a reminder that there is still some way to go to achieve the requirements of the NES for Air Quality even thought steady progress is being made. Mr Heaney went on to provide an outline of the key points from the Heat Smart programme update report, highlighting recent funding changes which will impact on loan and grant subsidies as well as changes to income thresholds. It was noted that the National Air Quality Monitoring group collects related health statistics, and that Councillors would appreciate an update on any health improvements being achieved. |
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. Approves: 2.1 the clean heat loan thresholds to be $1000 minimum and $4500 maximum 2.2 the insulation loan thresholds to be $1000 minimum and $4500 maximum 2.3 removal of the current $100,000 income threshold 2.4 communication of the changes with effect from 1 July 2013. CARRIED |
Adoption of the 2013-14 Annual Plan |
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Mr Drury provided an overview of the process undertaken to develop the 2013-14 Annual Plan and noted the amendments resulting from the suggestions of spending cuts to reduce the rates increase to 2.8%. There was discussion of whether it was possible to make alternative cuts instead of the $10k saved by not recording Committee meetings, only Council meetings. Council staff and elected representatives were commended for their efforts in working through the budgets to bring about the cost savings achieved. It was noted that the cost savings achieved here were specifically targeted from the ‘rate funding’. |
Cr Remmerswaal moved an amendment, seconded by Cr Gilbertson, removing resolution: 2 For: Remmerswaal, Gilbertson Against: Dick, McGregor, Scott, Rose, Douglas, Wilson LOST The amendment was lost, and so the original recommendations stood and became the substantive motion. That Council: 1. Agrees the decision is to be made under Section 95 of the Act which specifies the adoption of the Annual Plan, and also under sections 83 & 85 requiring a special consultative process which includes consideration of submissions on the Plan from members of the community, and that this process has been undertaken. 2. Adopts the following changes to the Draft Annual Plan, such changes having been discussed at the Annual Plan workshop on 20 June 2013: 2.1 That the current provision in the Plan for contingency expenditure be reduced from $100,000 to $50,000, thus reducing the budget by $50,000. 2.2 That the budget for Strategic Alliances (Other) be reduced from $90,000 to $60,000, a saving of $30,000. 2.3 That the budget for Strategic Alliance (Maori) be reduced from $116,000 to $86,000, a reduction of $30,000. 2.4 That the targeted rates for the flood and drainage schemes be reduced from $320,000 to $290,000, a reduction of $30,000. 2.5 That HBRC’s webcasting be limited to Regional Council meetings and not committee meetings, the budget allowance being reduced from $25,000 to $15,000, a reduction of $10,000. 2.6 That the internal loan of $214,000 covering previous deficits of Venture Hawke’s Bay Limited be funded from cash operating reserves. This results in the servicing costs of $78,000 in the 2013/14 year now not being required to be funded from the and the economic development rate. 2.7 That the budgets set aside for staffing costs be reduced by $30,000. 2.8 Notes that this resolution will reduce the increase in rates as included in the Draft Annual Plan 2013/14 of 4.57% to a revised level of 2.8%. 2.9 This revised level of increase of 2.8% represents 2.2% to cover general cost increases and 0.6% to cover the increase in targeted rates for Makara and Ohuia flood control and drainage schemes that require urgent repairs. 3. Adopts the Annual Plan 2013/14 in accordance with section 95 of the Local Government Act 2002 being the Draft Annual Plan issued for public consultation and amended: 3.1 By Council at the Annual Plan hearings held on 10 & 11 June 2013. 3.2 By Council at its meeting on 26 June 2013. 4. Agrees to fund the underlying deficit from cash operating balances which are estimated to be at a level which is sufficient to provide such funding. 5. Adopts the following resolutions pursuant to Section 12 of the Local Government Act 2002: 5.1 Raises a loan or loans or facilitates loan funding through banks to fund the borrowing set out in the 2013/14 Annual Plan for the purposes of funding clean heat and insulation advances to householders, funding of solar hot water advances to householders, flood and drainage schemes, technical equipment, buildings, public good capital assets and the systems integration programme. These loans to be drawn down when required, to fund the approved capital programmes. 5.2 Delegates to the Chief Executive, authority to negotiate and agree on the terms of the loan including: 5.2.1 Any future financing needs within the overall terms of borrowing, the interest rate payable by Council 5.2.2 The frequency of interest payments 5.2.3 The timing of drawdown 5.2.4 The institution(s) that will provide the loans 5.2.5 The number of loans which will make up the borrowing 5.2.6 All other terms and conditions of such loans and facilities as may be necessary in obtaining such loans and facilities in accordance with Council’s Liability Management policy to execute any agreements, documents, and certificates in respect of such loans and facilities on behalf of HBRC. 6. Approves, in accordance with sections 83 and 150 of the Local Government Act 2002, the resource consent and user charges as adopted in Part 3 on pages 51 - 61 of the Draft Annual Plan issued for public consultation and amended by Council at the Annual Plan hearings on 10 & 11 June 2013 and today, 26 June 2013. 7. Instructs staff to make any necessary final amendments and then to issue the published Plan in its final form. 8. Instructs staff to amend the Policy Handbook, Section 1.1.2 – Annual Planning to read: “That the Council adopts the 2013-14 Annual Plan being the draft Annual Plan issued for public consultation and as amended: - By Council at the Annual Plan hearings held on 10 & 11 June 2013. - By Council at its meeting on 26 June 2013.” CARRIED |
The meeting adjourned at 10.50am and reconvened at 11.05am with Mr Mohi absent.
Annual Plan 2012-13 Update on Financials for 11 Months to 31 May 2013 |
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Mr Collings provided an overview of the status of the 2012-13 budgets and programmes at the end of May, and specific explanations of Rates Arrears, the value of Council’s investment in the Port, provision for the Solar Hot Water Scheme, Consents appeal costs, infrastructure assets and intangible assets as requested. |
1. That Council receives the “Annual Plan 2012-13 Update on Financials to 31 May 2013” report. CARRIED |
Significant Initiatives Update |
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Ms Lambert introduced the item, and in response to a query about stock exclusion, advised that the implementation of changes to rules and policies brought about by Plan Change 6 would be managed by the Land Management team. Mr Maxwell provided further explanation of the Heretaunga groundwater modelling work programme. |
1. That Council receives the ‘Significant Initiatives Update’ report. CARRIED |
Part 2 - Prosperity Report - Potential Costs and Savings of Local Government Reorganisation |
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Ms Lambert provided an overview of the report’s findings and the process by which Council had chosen which options from the Part 1 report would be progressed in light of the limited funding available. The model was developed to look at direct costs only, and not social or community costs/benefits. Discussions traversed the loss of local representation and democracy, the loss of jobs in smaller communities, the savings indicated in the Part 2 report are significantly less than indicated in Part 1, and the overall purpose of finding ways to increase the Prosperity of the Region as well as the possibility of running other scenarios through the model. |
That Council: 1. Receives the “Part 2 - Prosperity Report - Potential Costs and Savings of Local Government Reorganisation” report. 2. Instructs staff to invite Mr Winder to Hawke’s Bay (in person or via Skype) to discuss the report with Councillors. CARRIED |
Chairman's Monthly Report |
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The Chairman’s written report was tabled, and Cr Wilson provided some further detail of topics of discussion at the various meetings. It was noted that there had also been a Chinese delegation, at which Councillor Scott had represented Council at the Chairman’s request. |
That Council received the Chairman’s Monthly report. CARRIED |
General Business |
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The meeting adjourned for lunch at 12.20pm and reconvened at 12.50pm
Port of Napier Ltd 6 Month Results to 31 March 2013 Presentation |
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1. That Council excludes the public from this section of the meeting, being Agenda Item 17 Port of Napier Ltd 6 Month Results to 31 March 2013 Presentation (12PM) 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:
2. That Garth Cowie, Chief Executive, and Jim Scotland, Chairman, be present for the discussion of this item as representatives of Napier Port. CARRIED |
Recommendations from the Environment and Services Committee |
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CARRIED |
Ruataniwha Water Storage Scheme Budget Update |
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That Council excludes the public from this section of the meeting, being Agenda Item 19 Ruataniwha Water Storage Scheme Budget 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:
CARRIED |
Council Management Structure |
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That Council excludes the public from this section of the meeting, being Agenda Item 21 Council Management Structure 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:
CARRIED |
The meeting went into public excluded session at 12.55pm and out of public excluded session at 2.55pm
Closure:
There being no further business the Chairman declared the meeting closed at 2.55pm on Wednesday, 26 June 2013.
Signed as a true and correct record.
DATE: ................................................ CHAIRMAN: ...............................................