Meeting of the Hawke's Bay Regional Council
Date: Wednesday 29 August 2012
Time: 9.00am
Venue: |
Council Chamber Hawke's Bay Regional Council 159 Dalton Street NAPIER |
Agenda
Item Subject Page
1. Welcome/Prayer/Apologies/Notices
2. Conflict of Interest Declarations
3. Confirmation of Minutes of the Regional Council Meeting held on 27 July 2012
4. Matters Arising from Minutes of the Regional Council Meeting held on 27 July 2012
5. Action Items from Previous Regional Council Meetings
6. Call for General Business Items
Decision Items
7. Affixing of Common Seal
8. Maori Committee representative appointment to the Corporate and Strategic committee and Verbal Report from Mike Mohi, Chairman, from the Maori Committee meeting held on 28 August 2012
9. Recommendations from the Environment and Services Committee
10. Adoption of Plan Change 3 (On Site Waste Water)
11. Financial Report for 12 Months Ended 30 June 2012 - Draft Annual Report 2011/12 Adoption for Audit
12. Setting of 2012-13 Rates
Information or Performance Monitoring
13. August 2012 Work Plan - Looking Forward
14. Chairman's Monthly Report (to be tabled)
15. General Business
Wednesday 29 August 2012
SUBJECT: Action Items from Previous Regional Council Meetings
Introduction
1. Attachment 1 lists items raised at previous meetings that require actions or follow-ups. All action items indicate who is responsible for each action, when it is expected to be completed and a brief status comment. Once the items have been completed and reported to Council they will be removed from the list.
Decision Making Process
2. Council is required to make a decision in accordance with Part 6 Sub-Part 1, of the Local Government Act 2002 (the Act). Staff have assessed the requirements contained within this section of the Act in relation to this item and have concluded that as this report is for information only and no decision is required in terms of the Local Government Act’s provisions, the decision making procedures set out in the Act do not apply.
1. That Council receives the report “Action Items from Previous Meetings”.
|
Andrew Newman Chief Executive |
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1View |
Actions from Previous Council Meetings |
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2View |
Map |
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Attachment 1 |
Actions from Regional Council Meetings
Meeting dated 25 July 2012
|
Agenda Item |
Action |
Person Responsible |
Due Date |
Status Comment |
1. |
Ruataniwha Plains Water Storage Project |
Regular updates on milestones achieved |
AN/ GH |
ongoing |
|
2. |
RMA Delegations |
Central ‘delegations register’ to be developed |
IM/AN |
|
‘Register’ document being compiled for distribution by the end of September |
3 |
Affixing common seal |
Esplanade Strip Agreement Pt Lot 1 DP 328970 In which direction does this extend the Maraetotara River Restoration project?
|
MA |
August |
See map attached – this are outlined in blue. |
Wednesday 29 August 2012
SUBJECT: Affixing of Common Seal
COMMENT:
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 2 DP 16052 CT H4/198 - Agreement for Sale and Purchase (discount 17.5% resides at property)
1.1.2 Lot 36 DP 10513 CT D2/1142 - Agreement for Sale and Purchase (discount 17.5% resides at property) - Transfer
1.1.3 Lot 482 DP 2451 CT 56/138 - Agreement for Sale and Purchase (discount 17.5% resides at property) - Transfer
1.1.4 Lot 127 DP 14452 CT G2/763 - Transfer
1.1.5 Lot 20 DP 12517 CT D4/972 - Transfer
1.1.6 Lot 1 DP 10435 CT D4/688 - Agreement for Sale and Purchase (discount 10% overseas landlord)
1.1.7 Lot 20 DP 2172 CT 55/154 - Agreement for Sale and Purchase (discount 17.5% resides at property) - Transfer
1.1.8 Lot 1 DP 15940 CT H4/134 - Transfer
1.1.9 Lot 443 DP 11447 CT B4/1221 - Transfer
1.1.10 Lot 207 DP 8434 CT C2/489 - Transfer
1.1.11 Lot 166 DP 12611 CT D4/1099 - Transfer
1.1.12 Lot 319 DP 11329 CT B3/1306 - Transfer
1.1.13 Lot 63 DP 11717 CT C3/80 - Transfer
1.1.14 Lot 82 DP 13096 CT E3/521 - Transfer
1.1.15 Lot 63 DP 13896 CT F4/380 - Transfer
1.1.16 Lot 222 DP 11194 CT B3/84 - Agreement for Sale and Purchase (discount 17.5% resides at property) - Transfer
1.1.17 Lot 114 DP 7756 CT C2/446 - Agreement for Sale and Purchase (discount 17.5% resides at property)
1.1.18 Lot 223 DP 8434 CT C2/636 - Agreement for Sale and Purchase (discount 17.5% resides at property) - Transfer
1.1.19 Lot 185 DP 6598 CT C2/370 - Transfer
1.1.20 Lot 450 DP 11559 CT C2/508 - Agreement for Sale and Purchase (discount 17.5% resides at property) 1.1.21 Lot 276 DP 10775 CT 211859 - Agreement for Sale and Purchase (discount 17.5% resides at property) - Transfer
1.1.22 Lot 129 DP 11027 CT C3/1401 - Agreement for Sale and Purchase (cross-lease 2 x 10% discount landlord and 1 x 17.5% discount resides at property) - Transfer
1.1.23 Lot 13 DP 13111 CT E3/554 - Agreement for Sale and Purchase (discount 17.5% resides at property) - Transfer
1.1.24 Lot 5 DP 7422 CT C4/324 - Transfer
1.1.25 Lot 114 DP 11999 CT D1/455 - Transfer
1.1.26 Lot 146 DP 2172 CT 55/199 - Transfer
1.1.27 Lot 3 Pt Lot 2 DP 7414 CT B4/446 - Agreement for Sale and Purchase (cross-lease 2 x 10% discount landlord and 3 x 17.5% discount resides at property)
1.1.28 Lot 2 DP 4485 CT 55/105 - Agreement for Sale and Purchase (discount 17.5% resides at property)
1.1.29 Lot 1 DP 13640 CT L2/665 - Agreement for Sale and Purchase (discount 10% landlord)
1.1.30 Lot 1 DP 27916 CT Y1/25 - Transfer
1.1.31 Lot 89 DP 14449 CT G2/702 - Agreement for Sale and Purchase (discount 17.5% resides at property) - Transfer
1.1.32 Lot 16 DP 13111 CT E3/556 - Transfer
1.1.33 Lot 2 DP 11990 CT D1/756 - Agreement for Sale and Purchase (discount 10% landlord)
1.1.34 Lot 1 DP 11990 CT D1/755 - Agreement for Sale and Purchase (cross-lease 1 x 10% discount landlord and 2 x 17.5% discount resides at property)
1.1.35 Lot 16 DP 13111 CT E3/556 - Transfer
1.1.36 Lot 26 DP 10632 CT B3/796 - Agreement for Sale and Purchase (discount 17.5% resides at property) - Transfer
1.1.37 Lot 129 DP 11027 CT C3/1401 - Agreement for Sale and Purchase
1.1.38 Lot 51 DP 6481 CT C2/407 - Agreement for Sale and Purchase (discount 17.5% resides at property) - Transfer
1.1.39 Lot 284 DP 11194 CT B3/96 - Agreement for Sale and Purchase (discount 17.5% resides at property)
1.1.40 Lot 2 DP 4426 CT 55/98 - Agreement for Sale and Purchase (discount 10% landlord) - Transfer
1.1.41 Lot 188 DP 10775 CT C1/695 - Agreement for Sale and Purchase (discount 17.5% resides at property) - Transfer
1.1.42 Lot 458 DP 9059 CT E2/347 - Agreement for Sale and Purchase (discount 10% overseas landlord)
1.1.43 Lot 450 DP 11559 CT C2/508 - Transfer
1.1.44 Lot 24 DP 13217 CT E4/414 - Agreement for Sale and Purchase (discount 10% overseas landlord) - Transfer
1.1.45 Lot 457 DP 2451 CT 55/100 - Agreement for Sale and Purchase (cross lease – 2 x 10% landlord and 2 x 17.5% resides at property)
1.1.46 Lot 1 DP 10435 CT D4/688 - Transfer
1.1.47 Lot 2
1.1.48 Lot 114 DP 7756 - Transfer
1.1.49 Lot 76 DP 13695 CT F2/1324 - Transfer
1.1.50 Lot 25 DP 4488 CT 55/214 - Agreement for Sale and Purchase (discount 17.5% resides at property) - Transfer
1.1.51 Lot 174 DP 12548 CT D2/1522 - Agreement for Sale and Purchase (discount 10% landlord)
1.1.52 Lot 132 DP 13055 CT E2/1298 - Transfer
1.1.53 Lot 44 DP 10078 CT C1/971 - Transfer
1.1.54 Lot 189 DP 10775 CT C1/696 - Agreement for Sale and Purchase (discount 10% landlord)
1.1.55 Lot 3 DP 13096 CT E3/506 - Agreement for Sale and Purchase (discount 17.5% resides at property) - Transfer
|
3467
3468
3469
3470
3471
3472
3473
3474
3475
3534
3476
3477
3478
3479
3480
3481
3482
3483
3484
3531
3485
3486
3487
3488
3489
3490
3508
3491
3509
3492
3530
3493
3495
3496
3497
3498
3499
3500
3501
3529
3502
3503
3504
3505
3506
3507
3509
3510
3536
3511
3512
3513
3514
3515
3516
3517
3518
3535
3519
3520
3521
3522
3523
3525
3538
3526
3527
3528
3532
3533
3537
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19 July 2012
19 July 2012
19 July 2012
19 July 2012
19 July 2012
19 July 2012
19 July 2012
20 July 2012
20 July 2012
21 August 2012
20 July 2012
20 July 2012
20 July 2012
20 July 2012
20 July 2012
20 July 2012
23 July 2012
23 July 2012
23 July 2012
17 August 2012
24 July 2012
24 July 2012
24 July 2012
26 July 2012
26 July 2012
26 July 2012
7 August 2012
26 July 2012
8 August 2012
26 July 2012
17 August 2012
26 July 2012
26 July 2012
30 July 2012
31 July 2012
31 July 2012
2 August 2012
2 August 2012
3 August 2012
17 August 2012
4 August 2012
7 August 2012
7 August 2012
7 August 2012
7 August 2012
7 August 2012
8 August 2012
8 August 2012
21 August 2012
8 August 2012
9 August 2012
9 August 2012
14 August 2012
14 August 2012
14 August 2012
14 August 2012
14 August 2012
21 August 2012
14 August 2012
14 August 2012
14 August 2012
14 August 2012
14 August 2012
15 August 2012
21 August 2012
15 August 2012
15 August 2012
15 August 2012
17 August 2012
20 August 2012
21 August 2012 |
1.2 E |
Deed Acquiring Easement pursuant to Public Works Act 1981 (to convey water) Lot 1 DP 19060 and Lot 4 DP 20256 Certificate of Title M1/105
|
3494 |
26 July 2012 |
1.3 Dee |
Deed of Grant of Easement Lot 1 DP 445268 CT 559776 (pedestrian right of way and cycle path – Puketapu Road)
|
3524 |
15 August 2012 |
DECISION MAKING PROCESS
2. Council is required to make every decision in accordance with the provisions of Sections 77, 78, 80, 81 and 82 of the Local Government Act 2002 (the Act). Staff have assessed the requirements contained within these sections of the Act in relation to this item and have concluded the following:
2.1 Sections 97 and 88 of the Act do not apply;
2.2 Council can exercise its discretion under Section 79(1)(a) and 82(3) of the Act and make a decision on this issue without conferring directly with the community or others due to the nature and significance of the issue to be considered and decided;
2.3 That the decision to apply the Common Seal reflects previous policy or other decisions of Council which (where applicable) will have been subject to the Act’s required decision making process.
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. |
Diane Wisely Executive Assistant |
Andrew Newman Chief Executive |
Wednesday 29 August 2012
SUBJECT: Maori committee representative appointment to the Corporate and strategic committee and verbal report from Mike Mohi, Chairman, from the Maori Committee meeting held on 28 August 2012
Reason for Report
1. At the June 2012 meeting of the Council’s Maori Committee one of the present representatives from the Maori Committee to the Corporate and Strategic Committee, Jan Aspinall, indicated she was unable to continue as the representative on that Committee after resigning from the Maori Committee due to ill health.
2. At its June meeting the Committee decided to defer appointing a replacement member for this committee until its August meeting.
3. This paper provides the opportunity for the Chairman of the Maori Committee to present to the Regional Council, the Committee’s nomination for this vacant position and sit with him as the Maori Committee representatives on the Corporate and Strategic Committee.
4. The Chairman will also present a verbal report of any other relevant items brought up at the Maori Committee’s August meeting.
Decision Making Process
5. Under the Local Government Act 2002 (LGA) Council has a specified power and mandate to establish committees, sub-committees and other subordinate decision making bodies that it considers appropriate, and to make appointments to those bodies as appropriate. Therefore, staff do not believe that the decision making process contained within the LGA applies in this instance.
1. That Council confirms the Maori Committee’s recommendation that …………………………………, be appointed as a replacement Māori Committee representative to the Corporate and Strategic Committee of the Hawke's Bay Regional Council replacing Jan Aspinall. |
Viv Moule Human Resources Manager |
Andrew Newman Chief Executive |
Wednesday 29 August 2012
SUBJECT: Recommendations from the Environment and Services Committee
Reason for Report
1. The following matters were considered by the Environment & Services Committee on Wednesday 15 August 2012 and are now presented to Council for consideration and approval.
Decision Making Process
2. These items have all been specifically considered at Committee level.
That the Environment & Services Committee recommend 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. Heretaunga Plan Change 2. Endorses the approach proposed for stakeholder engagement for the Heretaunga Plan Change. 3. Appoint Councillors Eileen von Dadelszen, Neil Kirton and Christine Scott to participate as full members of the HCSG. 4. While retaining its responsibility as the decision-maker under the RMA, give a good faith undertaking to implement any consensus outcome agreed by the HCSG, if one emerges, as long as it is consistent with the RMA, LWMS, Regional Policy Statement and LTCCP. (Note that, as the RPS is still subject to submissions and further decisions, the CSG could suggest changes to the RPS and the Council would need to decide whether to accept these.) Makara Dam Update 5. Endorses the programme of work undertaken to date and notes that a preferred repair option, together with a proposal for funding that work, will be presented to the next meeting of the Environment and Services Committee. |
Mike Adye Group Manager Asset Management |
Helen Codlin Group Manager Strategic Development |
Wednesday 29 August 2012
SUBJECT: Adoption of Plan Change 3 (ON Site Waste Water)
Reason for Report
1. This report seeks Council’s approval to make Change 3 (onsite wastewater) operative from 1 October 2012.
2. Once operative, Change 3 will mean amended rules come into force to improve the way on-site wastewater collection, treatment and disposal is managed under the Resource Management Act. The Council has previously agreed that the amended rules would not come into force until the amendments were operative.
Background
3. Change 3 (to the Hawke's Bay Regional Resource Management Plan) and Variation 3 (to the proposed Regional Coastal Environment Plan) were proposed in order to amend each plan’s respective rules for on-site wastewater collection, treatment and disposal.
4. Variation 3 is linked to progress of the proposed Regional Coastal Environment Plan. Progress of RCEP is currently pending Environment Court processing to ratify settlement of all appeals. The RCEP, incorporating Variations 1, 2 and 3 to be directly reported to Council for approval following Environment Court’s ratification of appeal settlements.
5. Change 3 and Variation 3 were both publicly notified on 13 July 2011. 12 submissions were received raising over 170 individual points. A hearing was held on 19 April 2012, and Council’s decisions were issued on 6 June 2012. No appeals have been lodged against the Council’s decisions on submissions. No appeals mean no obstacles to the Council making Change 3 operative.
Making Change 3 operative
6. A Council resolution is required to make Change 3 operative. Change 3 is set out in Attachment 1, but it should be noted that it is simply a replica (with ‘tracked changes’ still featured) of Change 3 as presented to Council’s 30 May 2012 meeting). For Change 3 to become operative, the Council must first formally ‘approve’ the change and then decide on a date from when the Change is operative. The Council must then give public notice of the date from which Change 3 will become operative.
7. This decision is merely a procedural step. It is not an opportunity to re-debate the content of Change 3. If Council is inclined to now modify some or all of the content of Change 3, then that must follow due process as a separate plan change – not an add on at this step in the process.
Setting an operative date
8. Staff recommend that Council agree that the operative date for Change 3 be set at 1 October 2012. This date would provide a lead in time of approximately four weeks before the revised rules come into force.
Financial and Resource Implications
9. Progressing Change 3 (and Variation 3) through to this stage has been provided for in Project 192. No additional external expenditure budget is required. Internal staff time is also already catered for within existing budgets.
Decision Making Process
10. Council is required to make a decision in accordance with the requirements of the Local Government Act 2002 (the Act). Staff have assessed the requirements contained in Part 6 Sub Part 1 of the Act in relation to this item and have concluded the following:
10.1. The decision does not significantly alter the service provision or affect a strategic asset.
10.2. Consultation requirements for plan changes are set out in the Resource Management Act and have been followed for Change 3.
10.3. The decision does not fall within the definition of Council’s policy on significance.
10.4. The persons affected by this decision are the Hawke's Bay regional community.
10.5. Options that have been considered include to approve Change 3; not approve Change 3; and selection of various possible operative dates.
10.6. The decision is not inconsistent with an existing policy or plan.
10.7. Given the nature and significance of the issue to be considered and decided, and also the persons likely to be affected by, or have an interest in the decisions made, Council can exercise its discretion and make a decision without consulting directly with the community or others having an interest in the decision.
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 3 (onsite wastewater) to the Hawke's Bay Regional Resource Management Plan in accordance with Clause 17 Schedule 1 of RMA. 3. Agrees that Change 3 becomes operative from 1 October 2012. |
Gavin Ide Team Leader Policy |
Helen Codlin Group Manager Strategic Development |
Change 3 rules |
|
Under Separate Cover |
Wednesday 29 August 2012
SUBJECT: Financial Report for 12 Months Ended 30 June 2012 - Draft Annual Report 2011/12 Adoption for Audit
REASON FOR REPORT
1. The purpose of this paper is to provide explanations covering variances both from the re-forecast budgets and from Annual Plan budgets for year ended 30 June 2012. Further, to provide draft sections of the Annual Report specifically those set out in Attachments 2, 3 and 4 referred to below, to allow Council to adopt these as an appropriate draft of the Annual Report to be forwarded to the Audit Office to form the basis of their audit.
Comment
2. The financial information provided in Attachment 1 is not part of the formal Annual Report publication and is provided to Council to clarify variances, actual (from reforecast and Annual Plan) to budgets. The information included in Attachments 2, 3, and 4 makes up most of the content of the published Annual Report. These sections have only been distributed to Councillors, however they will be made available to members of the public on request.
2.1. Attachment 1
The financial overview for the year ended 30 June 2012 is set out in a similar format as council receives during the year. The emphasis in this report is to detail and provide explanations for variances (actual compared to reforecast) in projects within each group of activity and for flood control and drainage scheme reserves and other scheme reserves. All these variances affect public good funding.
2.2. Attachment 2
This attachment sets out the extent to which Council has been able to deliver on the levels of service provision and performance targets as set out in the Annual Plan for 2010/11 under each group of activity. The format provided in this attachment is the same as council normally considers as part of their financial report, with the addition of reporting on the extent to which the issues raised in the “right debate” section of the Ten Year Plan have been achieved. This reporting against the “Right Debate” will form the substantive part of the chairman and chief executive’s report in the final annual report.
2.3. Attachment 3
Management statements set out in the format as they will appear in the annual report.
2.4. Attachment 4
The financial results included in this attachment are set out in the same format as will appear in the published annual report. The cashflow statement and some notes to the accounts are still being finalised.
3. The final audited Annual Report will be tabled for adoption at Council’s September meeting.
Regional Disaster Damage Reserve
4. At this time of year the need to tag operating cash balances to fund a shortfall in investments for Disaster Damage Reserve is considered. Council has resolved that this reserve should maintain a balance of funds of between $2.75m and $3.75m. Council set this reserve limit at their meeting on 28 February 2007, at the same time that a decision was made to become a member of the Local Authority Protection Programme (LAPP), which provides a 40% cover for damage to insured infrastructure assets, the remaining 60% of the cover continues to be placed with commercial insurers. Council has given notice to exit LAPP and this notice has a wait out period and will become effective on 30 June 2013. It is proposed that a paper will be brought to Council in November 2012 assessing the options of insurance cover subsequent to 30 June 2013.
5. Council considered a paper on 29 June 2011 covering infrastructure insurance. The premiums for insurance for the 2011/12 financial year had increased substantially due to the September 2010 Canterbury earthquake and the attitude of reinsurers due to the losses incurred during that event. At that meeting Council approved the placement of 60% cover as commercial insurance at a premium of $132,000. The excess had increased from $1m to $5m for any one event.
6. The Regional Disaster Damage Reserve was established to cover:
6.1. Meet any extraordinary costs of managing the response and recovery if a disaster event occurs.
6.2. Meet the $3m excess (60% of $5m) for any event for damage covered by Council’s commercial insurance infrastructure policy.
6.3. Meet, along with the Scheme Disaster Reserves (current level of $2.5m at 30 June 2012), 60% of the cost of the damage to live edge protection which is not covered by commercial insurance.
7. The Regional Disaster Damage Reserve shows a market value of an investment of $3.475m at 30 June 2012. Accordingly, it is proposed that no action be taken to tag any cash operating balances to increase the value of this fund as funds are available to cover at least the excess required in the event of a disaster.
Revaluation of Council's Assets
8. The following Council asset groups are subject to revaluation and have been incorporated where available in the draft Annual Report figures presented to this meeting. These asset groups are:
8.1. Infrastructure Assets
These assets were last revalued as at 30 June 2011; Council's current policy is to revalue these assets every three years – ie, next revaluation is due on 30 June 2014.
8.2. Hydrological Assets
These assets were revalued as at 30 June 2010. The next revaluation will be finalised as at 30 June 2013 as these assets are revalued every three years.
8.3. Operational Assets
These assets which include land, buildings, plant and equipment, have been valued at 30 June 2010. Council's current policy is to revalue land and buildings to fair value every three years for Annual Report purposes. The next revaluation is due on 30 June 2013.
8.4. Forestry Crops
Under the international accounting standards, biological assets including forestry crops are to be revalued at the end of each financial year. Accordingly, the evaluations as set out in the table below have been received for 30 June 2012.
Forest Location |
Value as at |
Value as at |
Variance |
Lake Tutira (Manuka Honey) |
Nil |
$59,000 |
$59,000 |
Lake Tutira (Other) |
$1,074,000 |
$1,343,000 |
$269,000 |
Tangoio Conservation Reserve |
$940,000 |
$1,568,000 |
$628,000 |
Central Hawke’s Bay Wastewater |
$241,000 |
$181,000 |
($60,000) |
Waihapua |
$225,000 |
$168,000 |
($57,000) |
Mahia Wastewater |
$163,000 |
$34,000 |
($129,000) |
Joint Venture Forestry Rights |
$2,000 |
$2,000 |
Nil |
Total |
|
$3,356,000 |
|
8.5. The reason for the increase in the forestry valuation for the Tutira forestry block and the Tangoio soil conservation reserve forestry block is due primarily to the increasing age of the trees and hence harvest value.
8.6. The decrease in the value of the Waihapua, Waipawa and Waipukurau properties is due to these properties primarily having young eucalyptus stands, where the establishment cost has been reduced for the purposes of valuation, due to the current low price of carbon. In the valuation assessment, it has been assumed that the market would be prepared to pay less for eucalyptus trees for carbon farming purposes in comparison to the levels seen in 2011 when the price of carbon was considerably higher.
8.7. Forest Land Valuations
The land on which all the forestry crops are grown was revalued at 30 June 2010 and Council policy is to revalue every three years. The next revaluation will be 3 June 2013.
8.8. Investment Properties – Leasehold Land
The main investment properties held by Council are the leasehold land in Napier and Wellington.
8.9. The table below sets out the percentage changes in lessor's interest for both Napier and Wellington leasehold property.
|
Napier Leasehold |
Wellington Leasehold |
||
|
No. of Lessees |
$ |
No. of Lessees |
$ |
Valuation (Lessor's Interest) 30 June 2011 |
1027 |
79.8m |
12 |
11.1m |
Valuation (Lessor's Interest) 30 June 2012 |
830 |
56.1m |
12 |
11.0m |
Property Leases Freeholded |
197 |
17.3m |
- |
- |
Decrease in valuation over the 12 months to 30 June 2012 adjusted for sales |
- |
-$6.4m (10%) |
- |
-$0.1m (1%) |
Comparative for year ended 30 June 2011 |
- |
+1.6m (2%) |
- |
Nil |
8.10. The reason for the valuation on Napier leasehold property has decreased by $6.4m as compared to the previous year’s valuation is due to the impact that the discount offered by Council on freeholding for the last financial year has had on the value of land being sold in Napier. This lower price expectation of land portfolios has driven the decrease in value, however it could be reasonably expected that in the future there will be increases in land values as Napier land lessees will now be required to freehold at higher values now the discount has been discontinued.
8.11. Port of Napier Ltd Shareholding
Council shareholding of 100% in the Port of Napier Ltd is revalued every three years. The revaluation on 31 March 2012, which is included in this Council’s 2011/12 Annual Report, states that Council’s investment in the Port of Napier Limited is $177.4m. This shareholding is now held by Council’s Investment Company, Hawke’s Bay Regional Investment Company (HBRIC).
8.12. General Funded Operating End of Year Position
The Council's General Funded Operating result, subject to final audit processes, for the year ended 30 June 2012 is shown in Attachment 1 as a surplus of $69,571. When this is compared to the forecast end of year surplus position of $12,401, the result is an improvement from forecast in the year end position of $57,170.
8.13. The final impact of Council's favourable year end position on cash operating balances still needs to be finalised as part of the Annual Report preparation. However, it is estimated that the forecast cash operating balance will be approximately $7m at the end of 2011/12 and reduce to $6m at the end of 2012/13. Council’s policy is to ensure that cash operating balances are maintained at a level of at least $4m in order to fund normal Council operations – this level avoiding the need for bank overdrafts.
8.14. It should be noted that the operating statement set out in Attachment 4 and included as part of the formal Annual Report to proceed to Audit, shows an operating result that differs from the general funded operating end of year position as presented to Council. There are a number of reasons for this difference, the major reasons being the losses/gains in fair value of Council’s investment properties, which includes the substantial decrease in value of the remaining Napier leasehold land, and the targeted rates which have been set to fund the capital purposes of Council, both being shown in the income statement in the Annual Report but do not affect the end of year position from a general funded operating position.
DECISION MAKING PROCESS
9. Council is required to make a decision in accordance with Part 6 Sub-Part 1, of the Local Government Act 2002 (the Act). Staff have assessed the requirements contained within this section of the Act in relation to this item and have concluded the following:
9.1. Section 97 covering significant changes in the intended level of service provision for a group of activity do not apply.
9.2. Sections 83 and 84 which set out the procedures to be followed where a special consultative procedure is to be used or adopted does not apply.
9.3. The decision does not fall within the definition of Council's policy on significance.
9.4. No options are available to Council for this item. The Annual Report is required under Section 98 of the Local Government Act 2002.
9.5. This report, when adopted, is available for any person requiring a copy of this report.
9.6. Section 80 of the Act covers decisions that are inconsistent with existing policy or plan and does not apply.
9.7. Council can exercise its discretion under Section 79 (1)(a) and 83(3) of the Act and make a decision on this issue without conferring directly with the community or others due to the nature and significance of the issue to be considered and decided, and also Council's understanding of the issues that persons likely to be affected by or have an interest in the decisions to be made.
That Council: 1. Confirms the decisions to be made are not significant under the criteria contained in Council’s adopted "policy on significance"; and Council can exercise its discretion under Sections 79(1)(a) and 82(3) of the Local Government Act 2002 and make decisions on those issues 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 Draft Annual Report for the period 1 July 2011 to 30 June 2012, subject to any adjustments required by Council, for the purposes of audit, with a view to Council adopting the final report at its meeting on 26 September 2012. 3. Resolves that $187,253 profit on external work undertaken by Council's Operations Group during the year ended 30 June 2012 be used by Council to increase the cash operating balances available to fund general funded operating expenditure. |
John Peacock Corporate Accountant |
Paul Drury Group Manager Corporate Services |
Financial Overview |
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Under Separate Cover |
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Report on Right Debate/Narratives on Performance Targets |
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Under Separate Cover |
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Annual Report Management Statements |
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Under Separate Cover |
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Annual Report Financial Statements |
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Under Separate Cover |
Wednesday 29 August 2012
SUBJECT: Setting of 2012-13 Rates
Reason for Report
1. Following the adoption of the 2012/13 Long Term Plan, the rate requirements have been calculated for the 2012/13 financial year and it is now necessary to resolve to set and assess the rates scheduled below for the period 1 July 2012 to 30 June 2013.
2. The Local Government (Rating) Act 2002 provides for the following:
2.1. Section 23 Procedure for Setting Rates.
2.2. Rates must be set by a resolution of the local authority.
3. Rates set by a local authority must:
3.1. Related to a financial year.
3.2. Be set in accordance with relevant provisions of the Local Authority’s long Term Plan for that financial year.
4. Council approved the inclusion of the required rates in the Funding Impact Statement which was part of the 2012/13 Long Term Plan. This plan was adopted by Council on 27 June 2012. The rates included in the plan have been consulted on by a special consultative procedure as part of the Long Term Plan process.
5. The Local Government (Rating) Act 2002, sections 13 and 14 (General Rate) section 15 (Uniform Annual General Charge) and sections 16, 17 and 18 (Targeted Rates) clarifies how each such rate should be set.
6. Section 23 of the Local Government (Rating) Act 2002 does not require that the rating resolutions included in this paper be publicly notified, as details of the rates have been included in the Council’s Long Term Plan.
Decision Making Process
7. Council is required to make every decision in accordance with Part 6 of sub part 1 of the Local Government Act 2002 (the Act). Staff have assessed requirements contained within this section of the Act in relation to this item and have considered the following:
7.1. Section 88 of the Act covering the mode of delivery of a group of activity and Section 97 covering a significant change in the intended level of service provision for a group of activities do not apply.
7.2. Section 83 which sets out the procedures which are to be followed where a special consultative procedure is to be used or adopted does apply. These rates have been included in the 2012/13 Long Term Plan and have been consulted on by the use of a special consultative procedure.
7.3. The decisions do fall within the definition of Council’s policy on significance, namely that “the decision or proposal affects all or a large part of the regional community in a way that is not inconsequential” and as such have been included in the 2012/13 Long Term Plan.
7.4. Council has no option but to set the rates any one financial year in order to ensure that the services the Council provides are fully funded.
7.5. Persons affected by the decision in this paper will be the ratepayers with the Hawke’s Bay region.
7.6. Section 80 of the Act covering decisions that are significant and inconsistent with any existing policy or plan does not apply.
1. That the Council: 1.1 Agree that the decisions to be made on the setting and assessing of rates cover information that has been included in the Funding Impact Statement of the 2012/13 Long Term Plan as required by Section 93 of the Local Government Act 2002 and further such decisions require special consultative procedures under Section 83 and 84 of the Act, such special consultative procedure having been previously carried out on the 2012/13 Long Term Plan. 1.2 Set and assess the rates as included in the LTP 2012/22 for the period 1 July 2012 to 30 June 2013 and as set out in Attachment 1 to this Council paper. 1.3 That the rates are due and payable on or after 1 October 2012. Pursuant to Section 57 of the Local Government (Rating) Act 2002 a penalty charge of 10% will be imposed on the current rates remaining unpaid as at 1 February 2013. |
John Keenan Revenue Accountant |
Paul Drury Group Manager Corporate Services |
Funding Impact Statement |
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Under Separate Cover |
Wednesday 29 August 2012
SUBJECT: August 2012 Work Plan - Looking Forward
Reason for Report
1. This report is provided in order to update Councillors about significant work activities under way over the next month in each area of Council.
Group |
Area of Activity |
Activity Status Update |
Asset Management |
· Biosecurity |
Regional Pest Management Strategy and Regional Phytosanitary Pest Management Strategy Hearing held 15 February 2012. Council adopted Hearings Panel recommendations 29 Feb. One reference made to Environment Court. Both parties have agreed to mediation. Mediation set for 12 September 2012. |
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· Land Management |
A proposal for how the Land management team will influence the uptake of best farming practices in intensive land use areas is being developed and will be brought to Council for their consideration in October. The proposal will include the alignment of a proportion of the RLS subsidy scheme to support the initiative. |
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· Infrastructure disaster insurance |
A review of infrastructure disaster insurance arrangements is underway. LAPP held meetings of Members in May & July. Staff expect to report to Council on the issue by November 2012. |
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· Tutira Properties |
Staff are progressing discussions with a number of parties on various options. Staff expect significant activity on this during September. |
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· Regional Forestry project |
As part of their LTP deliberations Council agreed to proceed with this project subject to their approval of an operational plan, and a carbon trading strategy and policy for the project by September 2012. Staff are now working to meet this deadline. |
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· Regional open spaces review |
A project to identify and record HBRC open space sites and their values, articulate the management principles and levels of service for those spaces, and identify opportunities for the development of those spaces for public enjoyment is underway. |
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· Upper Makara Scheme |
A temporary spillway has been excavated following the discovery of a sinkhole in the face of the dam. Staff are assessing options for flood protection of the Makara valley and how they could be funded. It is expected that agreed works will be constructed over the 2012/13 summer. |
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· Ohuia Scheme |
Ongoing problems are being experienced with outlet pipes from the Ohuia Pump Station. Staff have discussed options with the key ratepayer. It is likely that the preferred option will be replacement of the pump station. A proposal will be prepared for consideration by the ratepayers and Council in October. |
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· Collaboration with Depart of Conservation, Greater Wellington & Horizons |
A number of opportunities for improved service delivery and for cost savings have been identified. Agreeemnt from the respective CE’s for a work programme to realise gains over the next 12 months is programmed for 4 September. |
Resource Management
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· Appeal mediation processes underway for
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Twyford Appellants close to withdrawing their appeal. HBRC working on an MOU to support investigations into global consent / water sharing stragtegies that can assist in more efficient / effective use of the available water. |
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AFFCO Paper to Council in May to accept mediated solution. Appeal settled. Still to be signed off by Environment Court. |
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Mexted & Williams All parties are now working towards a court hearing, the date of which is yet to be advised. The coastal hazard evidence of the appellant has raised some concerns about the current design of the seawall. Caucusing between the coastal hazard experts is to be organised so that these issues can be discussed. Lawyers for the applicant have lodged an appeal to the High Court on the permissibility of the coastal hazard evidence. |
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NCC BTF plant High court deciding whether to accept Submitter W. Church appeal or not, decision expected August. |
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· Large Consent processes/applications |
CHBDC waste water Application on hold expecting withdrawal after publicised decision on different approach. |
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Poukawa Discussions ongoing with applicants and stakeholders pre notification decision, Limited notification likely August 2012. |
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Tukituki and Karamu surface water takes Common expiry date for these catchments of 31 May 2013. Advice of the need to apply for new consents has been sent out. S 124 applies if these are lodged before 1 December 2112. |
Resource Management
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· Science Activities |
Groundwater Staff continue to work closely with the planning team to develop policy associated with water allocation and water quality management for the Tukituki plan change. Groundwater scientists are working collaboratively with experts from GNS Science to undertake water quality modelling within the Ruataniwha Basin, using Councils groundwater flow model. |
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This work focuses on use of the model to identify contaminant transport pathways and travel times. This work is a key component of the wider nutrient modelling work for the Tukituki Plan Change and Ruataniwha storage projects. Staff have completed installation of rainfall recharge lysimeter equipment at sites at Maraekakaho and near Fernhill. Now the installation phase of the project is complete, implementation will proceed with a focus on data collection.. |
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Surface Water Rob Waldron has earned a well deserved promotion to Scientist. The hydrology scientists are working hard on two reports due mid September for the Tukituki Choices Scenarios whilst in the sidelines work is still progressing on identifying requirements for the Heretaunga plan change. Thomas Wilding is working with NIWA to align elements of NIWA core research with HBRC requirements for the development of water management strategies for the Karamu Catchment and the greater Heretaunga |
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The Hydrology Technicians completed an emergency installation of monitoring equipment at the vulnerable Makara Dam. Equipment was operational 48 hours after the request was made. The equipment identified a smaller than expected residence time within the dam and produced an alarm one night, indicating overtopping of the new temporary spillway. This speed and quality of the implementation reflects the abilities of the hydrology team and experience of team leader Pete Davis. |
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A new server was installed at the Guppy Road offices to provide a crucial backup for the flood warning system. A slack line structure has been put in place on the “Tukituki River at Taiparu Road” site to allow gauging under mid- to high flow conditions. This will allow more accurate estimation of high river flows. |
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The flood warning system has been performing well, reflecting the diligence of the Hydrology Technicians in maintaining and managing this vital network. |
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Ten national environmental monitoring standards are currently under development. This project is being managed for HBRC by Rob Christie with input from other Councils, MfE, NIWA and power generating companies. It is due for completion at the end of the year (under budget). |
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Ecology Staff continue to focus on supporting the Planning team with the Tukituki Plan Change and Mohaka Plan Change. A large component of work (analysing and reporting on water quality and ecology information for the Karamu Stream catchment) has been completed and the report is currently in review. Fiona Cameron is supporting a region-wide native fish values assessment being organised by Tim Sharp from the Policy team. The team’s transition from quarterly to monthly sampling across the region is progressing well. Work on the Coastal monitoring buoy is on track with splashdown planned within the coming months. Dan Fake and Vicki Lyon were recently appointed on a permanent basis to the team as the two new SoE Resource Technicians required for the increased effort being invested in the Rivers SoE program. |
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Air & Climate Following assessment, the results of air quality monitoring for this winter will compared to the results from previous years will be summarised in a report. The report will include the results of screening monitoring undertaken in Waipukurau over the past year. Preparation is underway to undertake another screen monitoring project at a new site. Climate and climate change information is being provided to support plan changes and water storage work as and when needed. Co-ordination and input to the monthly SoE reports is ongoing. A photo diary of urban air quality over the Heretaunga Plains. This will require a camera to be installed on the roof of the Council’s building. |
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Land Science Ongoing regional soil mapping (S Map) managed by Dr Barry Lynch. Ongoing Taharua catchment investigation. Loss of ecosystem service investigation arising from April 2011 storm managed by Dr Barry Lynch Fiona Cameron to begin characterisation of wetlands in the Herataunga catchments. Regional soil quality monitoring project to continue as part of Land SOE requirement managed by Dr Barry Lynch. Biodiversity characterisation of Ngaruroro catchment managed by Dr Barry Lynch. |
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Assisting policy with biodiversity strategy development with assistance of Keiko Hashiba and Fiona Cameron, managed by Dr Barry Lynch Preliminary discussions with NIWA regarding modelling of Ngaruroro and Tutaekuri catchments managed by Dr Barry Lynch. Ongoing assistance with water storage programme and Tukituki Choices document (plan change) and Mohaka plan change. Keiko Hashiba was recently appointed on a permanent basis to the Land Science section as a Resource Technician. Her appointment reflects the increased effort required of the land Science programme. |
Strategic Development |
· Land and Water Management Strategy |
Strategy implementation to be ongoing, including via 2012-22 LTP. |
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· RPS Change to incorporate elements of Land and Water Management Strategy (Change 5) |
Draft version of RPS Change 5 released for public comment by 24 August. Revised draft RPS Change 5 and associated s32 evaluation summary report to be presented to Regional Planning Committee meeting on 5 September. Work programmes aiming to publicly notify a proposed RPS Change 5 in October 2012. |
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· Implementation programme for giving effect to NPS for Freshwater Management |
Implementation Programme must be adopted by Council before 12 November 2012. Programme must define time-limited stages by which the NPSFM will be fully implemented by HBRC before 31 December 2030. Draft Implementation Programme to be presented to Regional Planning Committee meeting on 5 September. |
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· Plan Change for freshwater management in Tukituki River catchment |
Ongoing. Technical reports being used to develop the water allocation framework. Project programme as per July 2012 Council decision. |
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· Rivermouth Hazard Areas in proposed Regional Coastal Environment Plan (Variation 1) |
Schedule 1 RMA process. Decisions issued 6 June 2012. No appeals lodged. Report to Council alongside whole Regional Coastal Environment Plan approval. |
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· Onsite Wastewater change (Change 3 + Variation 3) |
Schedule 1 RMA process. Decisions issued 6 June 2012. No appeals lodged. Separate report presented to August 2012 Council meeting for adoption of Change 3 and making it operative. |
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· RPS Change to incorporate HPUDS and wider
infrastructure matters |
Schedule 1 RMA process. 45 submissions and 6 further submissions received. Hearing by end of 2012. |
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Taharua Strategy and Mohaka plan change. |
Ongoing. Broadened scope to cover whole Mohaka River catchment. Good progress being made with Taharua landowners and Taharua Stakeholder Group. Update report to be presented to Regional Planning Committee meeting on 5 September 2012. For wider Mohaka catchment, supporting science progressing but stakeholder engagement yet to be initiated. |
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Proposed Regional Coastal Environment Plan plus Change 1 to RRMP |
Ongoing. Pending Environment Court processing to ratify settlement of all appeals. RCEP, plus Variations to be directly reported to Council for approval following Environment Court’s ratification of appeal settlements. Council-approved RCEP plus Variation 1 then referred to Minister of Conservation for approval of provisions relating to coastal marine area. |
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Heretaunga Plains Urban Development Strategy (HPUDS) |
Ongoing implementation as it relates to other actions where HBRC is a lead agency or a partner agency via HPUDS Working Group. |
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Regional Land Transport Programme |
The Regional Land Transport Programme was submitted to the New Zealand Transport Agency on 29 June 2012. A final decision on funding from the National Land Transport Programme is due at the end of August. |
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Bus Services |
Bike racks are due to be fitted to 14 buses during August and September. Identification of bus stops on the extension to Route 17 (Hastings, Parkvale, Akina) is being worked through with Hastings District Council. Once this has been agreed to the revised service will begin. |
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Tech NZ R&D funding as part of the Regional Business Partner partnership with HB Chamber of Commerce |
Financial year to date $331,670.50 of R&D funding from MSI has been spread across 6 companies.
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Strategic Farming Initiative |
Pan Sector activities have focused over the last few months on supporting the Plan Change and RWS work, in particular a reference group for nutrient management policy and on-farm financial budgets. |
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Massey Strategic Relationship |
The Living Labs initiative was launched at the Massey Campus in Wellington, which featured Massey work relating to the RWS project. The draft job description for a Massey person based in HB is being reviewed by Massey. Land Mgt are scoping out additional potential projects with Massey. Primary sector education courses are being discussed between Massey and Business HB. |
Corporate Services |
· Assessment of selling cash flows from Napier leasehold land. |
October 2012 |
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· Adoption of final Annual Report |
September 2012 Council meeting.
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Constituency Review: · Public consultation ends · Council to consider submissions |
18 September 2012 24 October 2012
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External Relations |
· Statutory advocacy and liaison |
Liaison with consultant on Phase 2 of the Prosperity Study Engagement with Productivity Commission on Local Government Act Reform |
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· Liaison with Treaty claimant representatives on Regional Planning Committee |
Regional Planning Committee focus on Land and Water Management Strategy insertion into Regional Policy Statement |
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· Community engagement / environmental education |
Development of Tukituki Choices engagement programme – including production of DVD, layout of document and promotion of public meetings Regional Science and Technology Fair finals being held on Wednesday 29th August at 7pm at EIT. HBRC Science and External relations staff involvement. Preparation underway for Council site at Home and Garden Show in September. External Relations staff developing the refresh of Council’s Intranet for completion by November 2012. External relations staff liaising with CDEM staff on National Civil defence “Shake Out” Exercise scheduled for 9:26 am on September 26 (during September Council meeting). Work underway on development of promotional material for the launch of the “Wineries Ride” on November 4th. Finalising of technical requirements for webcasting of Council and Committee meetings |
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· HeatSmart |
Planning underway for promotion work at: Home and Garden Show Mitre 10 Mega Store, Napier Contingency planning for scenario in event that EECA withdraws from clean heat funding. EECA has yet to secure future funding, and existing funding likely to run out next March. HBRC needs alternative incentives in place in order to meet targets. Awaiting business case from HDC and NCC on Solar Hot water Scheme. Indications not favourable for proceeding at this time. |
Operations/ Water Group |
Ruataniwha Water storage |
· Reports currently being finalised on Land use intensification studies, modelling and mitigations works. |
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· Draft Project Feasibility Report being prepared for Stakeholder consultation 31 August. Final to Council on 26 September. |
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· Macfarlane Rural Business On-Farm Economic Study due this week. |
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· Work has commenced on National & Regional Economic Impact Assessments about to commence. |
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Hawke’s Bay Trails |
The final section of the Landscapes Ride which is on-road cycle lanes on Waimarama Rd is due to start Sept/Oct with Dec 2012 finish. |
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NCC out to tender for Taradale/Knightsbridge Taipo Stream concrete section of the Water Ride for Dec 2012 completion. Construction of minor remaining sections during Sept/Oct including Bay View SH2 crossing. |
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Completion of SH50 & Stock Rd sections of Wineries Ride expected in Sept. Completion of link from Mere Rd to Fernhill expected to be resolved by Dec 2012. |
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· Installation of distance & direction signposts, marker bollards and gateway signage being rolled out through Sept-Dec. |
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· Clip-on on Maraetotara Bridge in Te Awanga expected in Sept. |
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· Wineries Ride opening 4th November. |
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· Continue with support for HDC Iway sections of trail in Hastings and Clive. |
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· Ngaruroro Water storage project |
Lodge MAF IAF application for on-farm economic study. |
CE’s Office |
Represent Regional Sector on Land and Water Forum “Small Group” |
Reports on allocation frameworks and water quality limits due for finalisation by end of September A task group focussed on the subject of populating national limits is now underway and that involves both Central Government and Regional Sector staff. |
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Regional Prosperity study |
Draft first phase report completed and a meeting of the Steering Group including Mayors/Chair and CEOs is due to consider report on 28 August. |
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Ruataniwha Water Storage |
Significant focus on financial feasibility underway and due for presentation to HBRIC and the Regional Council in the September meetings. September and October will be very significant months for assessing both the feasibility project for water storage as well as the proposed plan change for the Tukituki catchment and also the feedback arising from the Tukituki Choices document scheduled for launching on 11 September. |
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Hill Country Afforestation Proposal |
Further oversight of business plan under way. |
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Continue work with Regional Sector CEs at Horizons and Greater Wellington plus Government Department CEs as appropriate on southern North Island partnership |
Next meeting to discuss options for joint activity scheduled for 4 September
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Continue involvement with Ministry for Primary Industries Peak Group for Implementation of the ETS |
Ongoing |
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Advisory Committee on Official Statistics |
Ongoing |
Decision Making Process
2. Council is required to make a decision in accordance with Part 6 Sub-Part 1, of the Local Government Act 2002 (the Act). Staff have assessed the requirements contained within this section of the Act in relation to this item and have concluded that, as this report is for information only and no decision is to be made, the decision making provisions of the Local Government Act 2002 do not apply.
1. That Council receives the August 2012 Work Plan Looking Forward report. |
Andrew Newman Chief Executive |
Mike Adye Group Manager Asset Management |
Liz Lambert Group Manager External Relations |
Helen Codlin Group Manager Strategic Development |
Graeme Hansen Group Manager Water Initiatives |
Paul Drury Group Manager Corporate Services |