MINUTES OF A meeting of the Regional Council

Date:                          Thursday 28 November 2013

Time:                          9.00 am

Venue:

Council Chamber Hawke's Bay Regional Council 159 Dalton Street NAPIER

Present:                     R Barker

P Beaven

T Belford

AJ Dick

R Graham

D Hewitt

D Pipe

C Scott

F Wilson - Chairman

In Attendance:          M Mohi – Chairman – Maori Committee

E Lambert – Chief Executive

P Drury – Group Manager Corporate Services

L Hooper – Governance & Corporate Administration Manager

M Adye – Group Manager Asset Management

I Maxwell – Group Manager Resource Management

G Ide – Team Leader Policy

1. Welcome/Prayer/Apologies/Notices

The Chairman welcomed everyone present to the meeting, and offered the prayer.

Mrs Lambert gave notice to Councillors that a tentative 12 February 2014 visit to Napier Port for all Councillors in HB was in the planning stages, and that the 4^th and 5^th of March 2014 were proposed for a Councillor visit to Wairoa.

2. Conflict of Interest Declarations

There were no conflict of interest declarations.

3. Confirmation of Minutes of the Regional Council Meeting Held on 6 November 2013

RC26/13

Resolution Minutes of the Regional Council Meeting held on Wednesday, 6 November 2013, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and accurate record as amended. Dick/Belford CARRIED

4.       Matters Arising From Minutes of the Regional Council Meeting Held on Wednesday 6 November 2013

There were no matters arising from the minutes.

5.	Follow-Ups From Previous Council Meetings
	Mrs Hooper updated Councillors on the process of responding to LGOIMA requests and agreed that the statistics pertaining to the number of requests assessed for costs would be provided via email. In relation to Standing Orders Mrs Hooper confirmed that Councillors were requested to provide their hard copies of the NZ Model Standing Orders so that those can be updated with amendments. After updates have been inserted, they will be returned to Councillors. Mr Drury advised that information in relation to technology options for Councillors had been distributed and will be progressed according to responses received, providing the choices and requirements of Councillors. In relation to a briefings on the Ruataniwha Water Storage Scheme, it was agreed through discussion that an invitation would be extended to the Mayors to attend the December Council meeting. In order to update all elected representatives in the region, opportunities will be explored in the New Year, around upcoming decision and/or milestone timelines.
RC27/13	Resolutions That Council: 1.      Receives the report “Follow-ups from Previous Council Meetings”. 2.     Invites the Mayors of Napier, Hastings, Central Hawke’s Bay and Wairoa to attend the 18 December Regional Council meeting to participate in the HBRIC Ltd / RWSS Update standing item. Barker/Belford CARRIED

6.	Call For Any Minor Items Not on the Agenda
	Council accepts the following minor items not on the agenda, for discussion as item 15: 1.  LG Knowhow workshop (Hewitt) 2.  Our Place (Belford) 3.  Costs of on-farm dams (Barker) 4.  Visit to Mangaroa (Mohi) 5  EPA Hearing (Scott)

7.

Affixing of Common Seal

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 118           DP 13055           CT  E2/1293 - Transfer 1.1.2 Lot 386           DP 11483           CT  C1/972 - Agreement for Sale and Purchase - Transfer 1.1.3 Lot 7           DP 14960           CT  G4/181 - Transfer 1.1.4 Lot 2           DP 8638           CT  D4/260 - Transfer 1.1.5 Lot 581           DP 2497           CT  55/126 - Agreement for Sale and Purchase 1.1.6 Lot 46           DP 11779           CT  C3/427 - Agreement for Sale and Purchase 1.1.7 Lot 35           DP 13039           CT  E2/1222 - Agreement for Sale and Purchase - Transfer 1.1.8 Lot 129           DP 13096           CT  E3/527 - Agreement for Sale and Purchase 1.1.9 Lot 98           DP 13378           CT  F1/568 - Agreement for Sale and Purchase	3724 3725 3727 3726 3729 3730 3731 3733 3734 3735 3738	30 September 2013 30 September 2013 3 October 2013 30 Sepember 2013 17 October 2013 24 October 2013 30 October 2013 30 October 2013 30 October 2013 6 November 2013 20 November 2013
1.2	Esplanade Strip Agreement Lot 2 DP 26284 CT W2/143 (Willow clearance works – Maraetotara River)	3728	3 October 2013
1.3	Deed – Guppy Road Reserve Land (NCC and HBRC) Suburban Section 76 Meeanee and Part Suburban Section 86 Meeanee CT K2/949 (area used as open space flood management but HBRC no longer requires this land)	3732	30 October 2013
1.4	Heads of Agreement (for a new accessway into the Ngaruroro River at Ngatarawa for shingle management)	3736	12 November 2013
1.5	Exchange Agreement Part Lot 3 DP 3728 CT 187/43 (soil and conservation purposes for Makara Dam)	3737	20 November 2013

Mr Drury provided an explanation of documents that the Seal is affixed to, which include Esplanade Strip and other agreements and easements, and are not limited to ‘sales’ of Council land.

RC28/13

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.      Confirms the action to affix the Common Seal.

Beaven/Scott

CARRIED

8.	Recommendations from the Environment and Services Committee Meeting Held 20 November 2013
	As Chairman of the Environment and Services Committee, Cr Rex Graham introduced the item. In response to a query, Mrs Hooper clarified the process of Committee recommendations being made to Council for decision according to current delegations as well as the way follow-ups are carried through by the Committee. In response to a query, Mrs Lambert provided detail in relation to the role of the proposed Ahuriri Estuary Committee including how the role of that Committee would differ from the role and responsibilities of the Regional Planning Committee.
RC29/13	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. Biosecurity Operational Reports and Future Strategy 2.      Endorses a trial, with an estimated cost of $65,000, for the use of chew card detection and targeted control of possums, and the integration of control of feral cats, stoats and ferrets on a project called Cape to City. Open Space Network Plan 3.      Endorses the Regional Parks Network Plan including amendments agreed by the Committee. 4.      Agrees not to commit money remaining in the current borrowing facility, or any new money, to projects for enhancement or expansion of the current open space areas pending an assessment of a range of possible options to be compiled during the 2014/15 financial year. Future of Ahuriri Estuary Management 5.      Commits to engaging with Mana Ahuriri, the Crown and other parties in the development of the Ahuriri Estuary Committee, and advises the Crown of its decision prior to 4 December 2013. 6.      Authorises the Interim Chief Executive to represent the Council in negotiations on the development of detail on the purpose and functions of the committee, together with membership and appointment criteria and any other matters that may arise during discussions. 7.      Notes that a paper will be brought back to Council seeking a councillor appointment to the Ahuriri Estuary Committee once the Committee has been finalised. Greater Heretaunga Ahuriri Report 8.      Considers the ‘Interim Agreements’ in the Draft TANK Group Report 1 and supports, in principle, the ‘Interim Agreements’ contained in the Report. 9.      Notes that the following reports were received at the Environment and Services Committee meeting on Wednesday 20 November: 9.1.      Follow-ups from previous Environment and Services Committee meetings 9.2.      Biosecurity Operational Reports 2012/2013 9.3.      Climate Change Update 9.4.      Update on the Tukituki Water Permit Renewal Process 9.5.      Flood & Drainage Schemes Operations Report 9.6.      Air Quality Monitoring update 9.7.      Statutory Advocacy Update. Graham/Scott CARRIED

9.	Plan Change 4:  Managing the Built Environment - Approval to Become Operative
	Mr Gavin Ide provided a brief summation of the process to date in progressing Plan Change 4 to this stage, including an explanation of how the Transpower objection was resolved. It was noted that this is the last step in the process, and the submissions, hearings and appeals stages were already completed. The outcomes of the hearings, being the decisions of the Hearing Panel, and the resolution of appeals have all been advised to submitters and parties to those submissions and/or appeals. This is about advising the public that the Plan Change is operative (in force or in effect) and the public is not able to object or seek redress in relation to the Plan Change at this stage.
RC30/13	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.     Approves Change 4 (Managing the Built Environment) to the Hawke's Bay Regional Resource Management Plan in accordance with Clause 17 Schedule 1 of RMA. 3.     Agrees to set the date on which Change 4 becomes operative as 1 January 2014. 4.     Agrees to give public notice on 7 December 2013, that Change 4 will become operative from 1 January 2014. Dick/Scott CARRIED

11.	Tutira School Presentation of Enviroschools Silver Status Certificate
	Ms Philippa Green provided an overview of the Enviroschools programme and its philosophy, funding for those programmes through HBRC, and more specifically what Tutira School had achieved in being awarded Silver Status.
RC31/13	Resolution 1.      That the Enviroschools report be received and the certificates presented to the Tutira School students. Wilson/Graham CARRIED

The meeting adjourned at 10.30am and reconvened at 11.00am

10.	Proposed Schedule of 2014 Council and Committee Meetings
	Several suggestions for further inclusion included field trips to Taranaki (Oil & Gas Exploration, Riparian Management), Horizons (One Plan implementation), Napier Port (with all TLA representatives in the region) and Wairoa.
RC32/13	Resolution 1.      That Council adopts the 2014 Schedule of Meetings as proposed. Scott/Graham CARRIED

12.	Annual Plan Progress Report for the First Four Months of 2013/14
	Mr Paul Drury, Group Manager Corporate Services, provided an overview of the report and its contents, as well as an explanation of how budget carry forwards are processed. Mr Manton Collings, Corporate Accountant, went through the Group of Activities summaries funding requirements and how those were tracking. Some discussion covered cross references in financial reports and how budgets are calculated ‘pro rata’ over the financial year, with suggestions made of how the information could be presented for ease of reading/interpretation. Discussions covering the narratives for the Group of Activities summaries traversed business research and development funding, a memorandum of understanding with Waikato University relating to industry good practice and the implementation of Plan Change 6, development of regional spatial plan framework, funding available for upgrading community wastewater systems for unsewered communities, design specifications for flood protection schemes, riparian land enhancement, the nutrient model developed for the Mohaka/Taharua catchment, and providing Councillors with a list of stakeholder groups Council engages with.
RC33/13	Resolution 1.      That Council receives the Annual Plan Progress Report for the first four months of the 2013/14 financial year. Barker/Scott CARRIED

16.

Chevron Enforcement Order

RC34/13

Resolution

That Council excludes the public from this section of the meeting, being Agenda Item 16 Chevron Enforcement Order 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	7(2)(c)(ii) That the public conduct of this agenda item would be likely to result in the disclosure of information where the withholding of that information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide and would be likely otherwise to damage the public interest.	The Council is specified, in the First Schedule to this Act, as a body to which the Act applies.

Beaven/Graham

CARRIED

The meeting went into public excluded session at 12.10pm and out of public excluded session at 12.20pm

13.	Monthly Work Plan Looking Forward through January 2014
	Mrs Lambert explained the purpose of this standing item; that being to provide councillors with an overview of the operational projects being carried out over the next month or so.
RC35/13	Resolution 1.      That Council receives the Monthly Work Plan Looking Forward Through January 2014 report. Barker/Pipe CARRIED

14.

Minor Items Not on the Agenda

Item	Topic	Councillor / Staff
1.	LG Knowhow workshop Held 26 and 27 November in Hastings.	Cr Hewitt
2.	Our Place Recreation potential of the lake resulting from the RWSS published in HBRC newsletter – queried as to whether appropriate.	Cr Belford
3.	Costs of on-farm dams Issue raised by a number of farmers in relation to the cost of on-farm storage being prohibitive. Request for costs associated with building an on-farm water storage dam, including engineering, consents, construction, etc.	Cr Barker
4.	Visit to Mangaroa Water issues at Bridge Pa will be discussed as part of this hui next week on “community aspirations for water”.	Mr Mohi
5.	EPA Hearing Attended some of the Hearing sessions under way and encourages all to avail themselves of the Council’s Counsel opening remarks (EPA website) to gain a better understanding of the issues the Panel will be considering.	Cr Scott

15.	Chairman's Monthly Report
	The report was tabled, and the Chairman elaborated as queried in relation to a Radio Live interview which talked about the EPA process underway and a meeting with John Bostock where the effects of last summer’s drought were discussed.
RC36/13	Resolution That the Chairman’s monthly report for November 2013 be received. Graham/Scott CARRIED

Mr Adye advised that a fieldtrip is proposed on 19 December, to include a visit to the CDEM office in Hastings and some points of interest on the Heretaunga Plains followed by visits to Tangoio, Waiphapu and Tutira.

Closure:

There being no further business the Chairman declared the meeting closed at 12.45pm on Wednesday, 28 November 2013.

Signed as a true and correct record.

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