Unconfirmed
MINUTES OF A meeting of the Regional Council
Date: Wednesday 29 April 2015
Time: 9.00 am
Venue: |
Council Chamber Hawke's Bay Regional Council 159 Dalton Street NAPIER |
R Barker
P Beaven
T Belford
A J Dick
D Hewitt
D Pipe
C Scott
In Attendance: M Mohi – Chairman – Maori Committee
E Lambert – Chief Executive
I Maxwell – Group Manager Resource Management
L Hooper – Governance & Corporate Administration Manager
M Adye – Group Manager Asset Management
H Codlin – Group Manager Strategic Planning
M Collings – Corporate Accountant
The Chairman welcomed everyone present to the meeting and Councillor Pipe offered the prayer.
Resolutions
RC32/15 1. That the apologies from Councillor Rex Graham for absence be received.
Beaven/Hewitt
CARRIED
2. That the late item “Regional Cycle Plan” be added, as agenda item 21, to the agenda under standing orders 3.7.5; the reason being that feedback, if given, needs to be made prior to the next Regional Cycling Governance Group meeting scheduled 18 May.
3. That Council waives the requirement of Standing Order 2.12.4, “an agenda detailing the business to be brought before that meeting together with relevant attachments must be received by every member not less than two clear working days before the day appointed for the meeting” in order to consider the item at the meeting today.
Wilson/Scott
CARRIED
2. Conflict of Interest Declarations
There were no conflict of interest declarations.
3. Confirmation of Minutes of the Regional Council Meeting Held on 25 March 2015
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Objections were raised as to the accuracy of the minute of item 3. Confirmation of Minutes (page 2) and the process that was followed. At issue were the record not being verbatim statements attributed to individuals, the process and recording of proposed amendments to the minutes, and who is entitled to speak during that process. In response, the Chairman accepted that the process followed needs to be clear and will endeavour, going forward to ensure that is the case, although he was satisfied with his decision at the time. Secretarial Note as requested by the Chairman: In future, the process to be followed will be that significant (not simple spelling mistakes or corrections) amendments are to be moved and, if seconded, voted on. If CARRIED by majority vote the amendment will be made to the minutes document, and the final resolution will read “… confirmed as a true and accurate record as amended by resolution.” |
Minutes of the Regional Council Meeting held on Wednesday, 25 March 2015, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and accurate record. For: Dick, Hewitt, Scott, Pipe, Wilson Against: Beaven, Barker, Belford CARRIED |
4. Matters Arising from Minutes of the Regional Council Meeting Held on 25 March 2015
There were no matters arising from the minutes.
Report from the Maori Committee Meeting Held 21 April 2015 |
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Mr Mohi advised that the Committee received Councillor Belford’s resignation with regret. He explained that members of the Committee get more out of verbal presentations and discussions than from written reports. The committee received valuable verbal presentations on the Fish Hook hui from Mike Paku, developments at Hawea Park, Mangaroa- Bridge Pa and Pakipaki riparian planting from Gary Clode, Maori economic development update by Tom Skerman and on the collaborative Whangawehi Project, which is a flagship example of an award winning community-led project. Mr Mohi stressed the importance of the pre-meeting session for the Maori representatives on the Committee to comfortably and openly discuss matters. The matters discusses at the pre-meeting session are either brought forward into the meeting or if resolved then the Chairman refers to the matters settled for the Maori Committee meeting record. |
1. That the Report from the Maori Committee Meeting held 21 April 2015 be received. CARRIED |
HB Tourism April 2015 Quarterly Update Report |
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Ms Annie Dundas (General Manager) and Mr George Hickton (Chairman) provided Council with an update on the activities of HB Tourism through the first three months of 2015. Ms Dundas highlighted visitor numbers, the Masters Hockey tournament, Art Deco weekend, the Legends of Cricket held at the Clifton Cricket Club and the Cricket World Cup. Going forward HB Tourism will be engaging with the Travel Trade shows, focussing on TRENZ May 17-19, plus upcoming events including Winter FAWC in June and a Melbourne Storm- St George Dragons rugby league game 25 July. Other major projects include developing a single consumer website, implementation of the Regional Events Strategy and 4 seasonal campaigns. Discussions traversed the ‘Little Easy’ event in CHB being held on a public holiday, the Festival of Hockey and the Masters Hockey Tournament in early March, promotional opportunities around the upcoming league game by including Maori events to welcome local hero Tohu Harris, whether HB’s market share is increasing and showing comparative data between regions, as well as the commercial accommodation data reflecting only partial visitor stays because it does not include holiday homes or bed and breakfast establishments. Mr Hickton explained the importance of the work that HB Tourism does to give the region exposure nationally and internationally, stating that the work done hosting travel trade and media supported by local industry to the tune of more than $230k with estimated value – if it was paid for – in excess of $10M advertising which reaches over 100 million people. There was further discussion of funding and transitioning to more self-funding (by private enterprise) events, Air New Zealand flights into Hawke’s Bay and capacity issues, plus buy-in to the branding by Napier City and Hastings District councils. |
1. That Council receives the “HB Tourism April 2015 Quarterly Update” report. CARRIED |
Cr Barker left the meeting at 10.05am
Follow-up Items from Previous Regional Council Meetings |
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Mrs Lambert provided an update on the status of the follow-up items. |
1. That Council receives the report “Follow-up Items from Previous Regional Council Meetings”. CARRIED |
Call for any Minor Items not on the Agenda |
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That Council accepts the following minor items not on the Agenda, for discussion as Item 19: 1. Clarity on councillor involvement in resource consents (Cr Wilson) 2. Water Bottling (Cr Belford) 3. Board of Inquiry Draft Decision (Mrs Lambert) |
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 |
Recommendations from the Corporate & Strategic Committee |
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Councillor Hewitt, as Committee Chairman, provided an overview of the items considered by the Committee. Councillor Barker re-joined the meeting at 10.14am |
That Council: 1. Agrees that the following 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. HBRIC Ltd 2015-16 Draft Statement of Intent 2. Undertakes to provide the comments agreed at the Corporate and Strategic Committee meeting of 22 April 2015 on the Draft Statement of Intent to HBRIC Ltd by 1 May 2015 (LGA Sch8 cl3) to enable delivery of the completed Statement of Intent to Council on or before 30 June 2015. HB LASS Ltd 2015-16 Draft Statement of Intent 3. Undertakes to provide the comments agreed at the Corporate and Strategic Committee meeting of 22 April 2015 on the Draft Statement of Intent to HB LASS Ltd by 1 May to enable delivery of the completed Statement of Intent to Council on or before 30 June 2015. Hawke’s Bay Sports Facilities Plan 4. Adopts the Hawke’s Bay Regional Sport Facilities Plan. 5. Authorises the signing of the Memorandum of Understanding for the implementation of the Hawke’s Bay Sports Facilities Plan, on behalf of Council. Reports Received 6. Notes that the following reports were received at the 22 April 2015 Corporate and Services Committee meeting: 6.1. Follow-ups from Previous Corporate and Strategic Committee meetings 6.2. April 2015 Public Transport Update CARRIED |
Local Governance Statement 2015 Update |
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Mrs Lambert advised that this update reflects Council decisions made throughout 2014 changing the Governance Structure and adoption of the Significance and Engagement Policy as well as some minor wording and date amendments. Councillors suggested several further amendments required to correct minor errors, which will be actioned before the update is published. |
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 the Local Governance Statement 2015 Update, including amendments agreed, for publication to the Regional Council website. CARRIED |
Appointment of Replacement Councillor Representative on the Maori Committee |
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Due to Councillor Belford’s resignation from the Maori Committee, Mrs Lambert asked Council to consider the appointment of a replacement member for the Committee. There was discussion of whether it is necessary to appoint another Councillor representative or whether to revert to the original terms of reference for the Maori committee with three council members as there is the ability to appoint short term replacements. |
That Council: 1. Resolves not to appoint a fourth councillor to the Maori Committee to fill the current vacancy. CARRIED |
The meeting adjourned at 10.25am and reconvened at 10.45am
Proposed Regional Land Transport Plan 2015-25 |
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Councillor Alan Dick introduced the item, explaining that the former Regional Land Transport Strategy and the Regional Land Transport Programme were combined, to meet the requirements of the Land Transport Management Act 2013 amendments, into the Regional Land Transport Plan, which sets out the region’s funding application to NZTA, and the strategic direction and priorities for land transport in the region. Cr Dick then outlined the priorities contained in the RLTP. Mrs Anne Redgrave (Transport Manager) explained that the RLTP is the region’s funding application to NZTA and that this region competes with other regions without ‘roads of national significance’ for funding from NZTA’s Discretionary fund. Discussions traversed funding for the region’s roading improvement priorities, political pressure on NZTA and funding priorities, SH2 and the rail corridor North to Wairoa, as well as expressway intersection improvements, the Napier Port Access project which is investigating roading improvements required to improve freight access to the Port, and the Cycling Governance Group input to the RLTP. Councillors expressed their appreciation for the well presented RLTP document and the hard work by the Transport Manager in developing it. |
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 Regional Land Transport Plan for 2015-25, as amended as agreed at the 6 March 2015 Regional Transport Committee meeting, for submission to the New Zealand Transport Agency, noting that the several of the state highway activities outlined in Section 11 will be added to the region’s funding request in Section 9. 3. Forwards the Plan to the New Zealand Transport Agency no later than 30 April 2015, as required under the Land Transport Management Act 2003. CARRIED |
Proposed Regional Public Transport Plan 2015-25 |
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Mrs Anne Redgrave introduced the item, advising that the RPTP is required of any Council subsidising any form of public transport in the region, and that a key change from the last RPTP review required identification of whether or not bus services would be allowed to be split into separate operating units. After consultation, it was agreed that the bus service provision should remain as one unit. There was discussion about the influence of petrol prices on public transport patronage trends and security on buses. |
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 Regional Public Transport Plan for 2015-25. CARRIED |
Item - 13. Appointment of Replacement Councillor Representative on the Maori Committee – was considered immediately following item 10.
Regional Cycle Plan |
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Mrs Anne Redgrave introduced the item, however it was noted that all councillors had not received the hard copy of the item. |
That Council: 1. Leaves the item to lie on the table, referring it to the Environment and Services Committee meeting on 13 May 2015 for decision. CARRIED |
Item - 14. HB Tourism April 2015 Quarterly Update Report – was considered immediately following item 5.
HBRIC Ltd April 2015 Update |
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Mr Andrew Newman, HBRIC Ltd CE, introduced the item and advised that he would also respond to questions raised in an ‘open letter to Councillors’ received via email yesterday and tabled. In terms of the HBRIC strategic plan, Mr Newman advised that development is at a stage that the Board wishes to engage with Councillors at a workshop, which will be scheduled in May if possible. Mr Newman then provided verbal responses to the questions as detailed (copied from the email) following. Q. Andrew Newman stated in his recent HB Today talking point that HBRIC is contracting farmers to switched from ground water takes to stored water. How many land owners and what volume of water has HBRIC included in the signed conditional contacts which meet this criteria? A. Deep water agreements 19 comprising– Countersigned volume 3.804 mill m3; with balance in contracting phase 2.862 mill m3 for total volume 6.666 mill m3. A further 5.180 mill m3 in negotiation, totalling potentially 11.846 million m3 Q. Given that it seems unlikely that any prudent business owner would swap the supply of free water (ground water) for water costing 27c/m3 have any land owners been offered discounts of any sort to encourage them to meet this criteria? A. Correct listed price is 26 cents/m3 = 23 cents take or pay and 3 cents variable. As has been stated previously and in public record discounted price is 10 cents take or pay + 3 cents variable energy charge for 5 years (post water delivery) with that price tied to CPI inflator. Extraction of groundwater is definitely not free – ranges from 6 cents (under pressure) to 25 cents if you’re 150 metres down. Q. The monthly report does not update progress on signed conditional contracts. What is the current number of land owners and what volume of water is now on signed conditional contracts? A. 38 countersigned contracts with a further 55 in the contracting phase. Balance volume of water countersigned is 15,361 mill m3 and in the contracting phase 15,787 mill m3 for a total 31,147 mill m3 with the balance of 56 mill m3 in negotiation pipeline Q. Has a lien clause now been included in the contracts? A. There is no lien clause, and never has been. There’s been no change to the letter of credit security mechanism in Water User Agreements Q. There have been 4 earthquakes in New Zealand in the last 100 years with a magnitude greater than 7.5, with none greater than 7.8. One of course being the 7.8 magnitude 1931 Hawke's Bay earthquake. Why has the dam not been designed to withstand a 7.8 magnitude earthquake rather than a 7.5? A. The dam is located on the Makaroro River, to which the nearest fault is the Mohaka fault and so more relevant than the HB(1931) earthquake fault line. Mohaka very well studied fault. Most important shaking hazard posed to dam site is from the Mohaka South segment, max design earthquake MDE of 7.5 and mean recurrence interval of 1300 years and last ‘moved’ about 300 years ago. Dam is designed to withstand and continue operating post a 7.5, also designed with withstand higher magnitude quake without failure but with some damage expected. Q. There is no update on the consequences the Plan Change 5 decision may have on the RWSS consents. What is their opinion? A. We specifically suggested to the BoI that they consider the issue and invite other parties to comment. Our comment filed with the BoI noted that due to the very narrow range of issues being dealt with at this late stage the PC5 matter had no effect on the Tukituki proposal specifically. We await the BoI decision. Q. There is no update of any consequences a delay in the DOC land swap proposal may have on the RWSS. If HBRC are unable to obtain free title to the 22ha what are the consequences to the ability of RWSS to meet its storage capacity targets? My understanding is that the capacity of the dam will drop to something like 30 million m3, although I could well be wrong in my calculations. Never the less a significant issue I'm sure you will agree. A. HBRIC understanding is that DOC is undertaking a robust process in working its way through the land exchange process and to-date we are not anticipating that that should impact us in reaching financial close. There was further discussion around the design standards for the dam in relation to catastrophic failure, and the process of obtaining building consents for the dam structure, including who would be liable if the dam owner finds a fault with the dam after consent has been granted. In relation to the financials, there were queries about the original forecast cost of the EPA process (initial EPA forecast was $1.5M), the actual cost of feasibility for the RWSS (Phase 1 feasibility cost to Council was $3.5M and phase 2 development expenditure by HBRIC (from Oct 2012) is $18.4M), and a more defined breakdown of what makes up the Other Consultants & Miscellaneous budget. It was requested that the date for the Strategic Plan workshop be set as soon as possible. There was discussion about the calculations used to arrive at the 40M m3 threshold condition precedent, the Council resolution last month which “Notes that if expenditure on geotechnical works is required prior to financial close HBRIC Ltd will bring a formal proposal to Council for approval of such expenditure”, and the requirement for a building consent prior to actual dam construction beginning. |
1. That Council receives the “HBRIC Ltd and RWSS April 2015 Update” report. CARRIED |
Annual Plan Progress Report for the First Nine Months of the 2014-15 Financial Year and Reforecasting to 30 June 2015 |
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Mr Manton Collings introduced the item and then detailed specific figures to provide clarity to Councillors including the dividend from HBRIC Ltd, the reforecast costs of the High Court appeals of the Board of Inquiry decisions on PC6 and RWSS, potential impacts of delayed or deferred work on 2015-16 budgets, cost centre and project reforecast cost reductions, and impacts of continued sales of leasehold properties on the amount Council can withhold in the Restricted Leasehold Land Administration Costs budget. Mr Collings then provided the detail of the major variances, being in the Strategic Planning and Regional Resources groups of activities. Mr Iain Maxwell explained how the new ‘platform’ that will be used for the groundwater modelling in Heretaunga will incur less costs than initially forecast for the project. Mr Mohi left the meeting at 12.29pm The meeting adjourned at 12.30pm and reconvened at 1.09pm Councillors and staff continued going through budgets, clarifying details as queries arose including those relating to the Maraetotara River Control scheme, Westshore Coastal Works, Compliance, Marine Oil Spill and the Tangoio Soil Conservation Reserve. In response to a query, Mrs Lambert advised that she will follow up with the Office of the Parliamentary Commissioner for the Environment to discuss when she may be available to come to Hawke’s Bay to talk about oil and gas exploration. Further discussions on the narratives traversed the impact of the theft of wood for flood protection purposes from river berms, noting the achievement of 100% resource consent applications processed within timeframes, risk management and landuse change, water user groups, the Welfare Advisory Group, the Te Mata Peak Trust proposition, and the Wairoa Dairy Market Validation study. |
1. That Council receives the Annual Plan progress report for the first nine months of the 2014-15 financial year, which includes the reforecasting for the 12 months to 30 June 2015. CARRIED |
Monthly Work Plan Looking Forward Through May 2015 |
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Mr Iain Maxwell advised, in response to queries: · about the Twyford Global consents, there are 2 separate consents involved, of which one has been granted and the other is on hold while the applicants consider alternative options to avoid submissions in opposition to the application · that a ‘request for proposals’ has been issued for development of a Regional Science Strategy which covers all of the science disciplines across Council’s activities · Panpac resource consent application in pre-hearing phase including discussions to enable resolution of issues, in efforts to avoid the need for a Hearing · Tranche 2 water applications are still on hold at applicants’ request. Mr Adye, in response to a query, advised that Dr Will Allen is working with the local Whakaki (relates to logging at headwaters and also Lake Whakaki) and Whangawehi communities on environmental issues and initiatives. There was further discussion about Cawthron work on MCI, closing of PC5 appeals period with no appeals having been received, and the TANK plan change development and progress with that process. |
1. That Council receives the Monthly Work Plan Looking Forward Through May 2015 report. CARRIED |
Chairman's Monthly Report for April 2015 |
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The Chairman tabled his report, highlighting the fieldtrip to Tutira, Anzac Day services and the Governance & Strategy Advisory Group meeting. The chairman also advised that former Mayor Franno Cardno passed away. He was also involved in a meeting with a group wanting to organise a HB Marathon destination event. |
1. That the Chairman's Monthly Report for April 2015 be received. CARRIED |
Minor Items Not on the Agenda |
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159 Dalton Street Building Remediation Settlement |
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1. That Council excludes the public from this section of the meeting, being Agenda Item 20 159 Dalton Street Building Remediation Settlement 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 2.00pm and out of public excluded session at 2.10pm
Closure:
There being no further business the Chairman declared the meeting closed at 2.10pm on Wednesday 29 April 2015.
Signed as a true and correct record.
DATE: ................................................ CHAIRMAN: ...............................................