Held in the Council Chambers, 15 Fitzherbert Street on 28 February 2013 at 9am.

Transcription

1 MINUTES P O Box 747, Gisborne, Ph Fax service@gdc.govt.nz Web MEMBERSHIP: Mayor Meng Foon, Deputy Mayor Nona Aston, Craig Bauld, Bill Burdett, Manu Caddie, Andy Cranston, Alan Davidson, Roger Haisman, Allan Hall, Pamela Murphy, Pat Seymour, Rehette Stoltz, Patrick Tangaere, Graeme Thomson, Brian Wilson. MINUTES of the GISBORNE DISTRICT COUNCIL Held in the Council Chambers, 15 Fitzherbert Street on 28 February 2013 at 9am. PRESENT: Mayor Meng Foon (Chair), Deputy Mayor Nona Aston, Councillors Craig Bauld, Bill Burdett, Manu Caddie, Andy Cranston, Alan Davidson, Allan Hall, Roger Haisman, Pamela Murphy, Pat Seymour, Rehette Stoltz, Patrick Tangaere and Brian Wilson. IN ATTENDANCE: Chief Executive Judy Campbell, Group Manager Community Planning & Development Nedine Thatcher Swann, Group Manager Engineering & Works Peter Higgs, Group Manager Environment & Policy Hans van Kregten, Finance Manager Marianne Gillies, Commercial Property Manager Matt Feistt, Planning and Performance Manager Harley Dibble, Building Services Manager Ian Petty, Management Accountant Cath Long Democracy & Support Services Manager Eileen Cronin and Committee Secretary Heather Kohn. APOLOGIES: Cr Thomson The meeting commenced with a prayer. 1. Apologies MOVED by Cr Hall, seconded by His Worship the Mayor That the apologies from Cr Thomson be sustained. 2. Public forum, petitions, deputations and representation from tangata whenua a) Eastland Group Chief Executive Matt Todd spoke to a PowerPoint presentation and noted key points in response to questions. the aberration on the graph for historic comparison of Revenue & Net Profit after tax in 2012 is an adjusted profit generation contributions come from two diesel generators on the Eastcoast and the hydro plant in Wairoa the terminal buildings will be included in the airport extensions retailer meter replacement will enable a reduction in the number of meter readers and will give users control over running appliances when power is at a lower cost Eastland Group is in negotiation to purchase back the lines from Transpower, this will also connect the Wairoa and Gisborne networks PE Council Meeting Minutes 28 February 2012 Page 1 of 12

2 the projected return on investment is calculated over 30 years Eastland Group supports a wide range of linesman apprenticeships and also works closely with Electrinet who train and develop young people in the local Energy workforce. Eastland Group funds two engineering scholarships and there are also young people at the port training containerisation effects are not thought to be detrimental to the port as there is a large amount of seasonal volume if rail was reinstated the only effect would be on seasonal shipping investment and the risk around that Eastland Group acknowledges its social responsibility regarding rail they have looked at rail and can t make the numbers work there is a backlog storage of logs of about a week if the projected log harvest volume reaches 4 million tons off site storage will be utilised NZTA suggest the Tolaga Bay to Gisborne section of State Highway 35 will be capable of handling HPMV loads so an additional offsite log yard close to Tolaga Bay will be required the risk of electricity expansion plans will be mitigated by the retirement of Huntly Power Station. b) Independent Election Services Dale Ofsoske made introductions, detailed his experience with Independent Election Services and briefed Councillors on the role of the company with the forthcoming Local Government elections. He provided an update on; nominations open 19 July 2013 and close 16 August 2013 Eileen Cronin will undertake the local shop front role and there is also an 0800 number all return votes will be posted directly to Independent Election Services in Auckland those votes physically hand delivered on 12 October 2013 will be transported by plane to Auckland Cr Seymour queried consideration given to the risk to postal votes given poor postal service and air transport difficulties in the district. In addition Cr Seymour raised a concern that vote processing had not been relayed to Council when Independent Election Services were appointed. Dale Ofsoske further noted; 95 to 97% of the votes, apart from the Saturday morning hand delivered votes, will be counted on the day and there will be an accurate progress result at 5.00pm. Cr Seymour expressed continued concern that votes will be counted out of the district. In response Dale Ofsoske noted; that local scrutineers could be flown to Auckland if Council wished, or someone resident in Auckland could be appointed. an established process had been negotiated with NZ Post whereby all election mail was fast post. Cr Murphy explained that rural people post their mail differently and Friday sorting goes to Hawkes Bay. Dale Ofsoske made the following points candidate seminars would be available the electoral roll is currently being updated, there are approximately 30,000 electors future electronic voting and pre registration will eventually mean no paper PE Council Meeting Minutes 28 February 2012 Page 2 of 12

3 electronic voting will not be available for this election. Dale Ofsoske noted for clarification that there is a Contract for Election Services between Gisborne District Council and Independent Election Services. The votes would not be counted in Gisborne by Independent Election Services because the technology involved does not allow this. c) Constitutional Advisory Panel: Sir Michael Cullen and Professor Linda Tuhiwai Smith Secretarial note: The presentation from the Constitutional Advisory Panel occurred at 1.00pm and relates to Item 8.6. Sir Michael Cullen briefly outlined the role of the Advisory Panel and then showed a short video clip which can be accessed at the panel are touring the country having conversations around constitutional issues the key topics are summarised on the attached flyer In addition Professor Linda Tuhiwai Smith noted the panel wanted diverse opinions and the reasons behind the thinking should be in the submissions the process would have failed if there are not diverse views local help is needed to get out to the community it is important to have a provincial view Cr Davidson rejoined the meeting at 1.25pm. In response to questions of clarification Sir Michael Cullen and Professor Linda Tuhiwai Smith noted: there will be more meetings, panel members will talk to any group if invited the campaign is targeting youth and/or youth organisations especially regionally as opposed to national bodies Council s input as the Local Authority is important If the length of term for government is extended it would seem logical to adjust Local Government s term a report to Ministers would be presented in July. In the Terms of Reference some constitutional matters would require follow up, some would require a referendum and others an executive decision the Panel have not been able to speak until now about the process due to resources and this has made some sectors fearful young people appear optimistic and want to have a say the web site explains issues such as founding documents that will not be discarded the panel is working with NZLG the range of views on the Treaty from youth is reflective of larger population. The Treaty itself is evolving as the Court s application of the Treaty changes the submission timeline on the website is quite tight the Government of the day plus a cross party group makes the final decision PE Council Meeting Minutes 28 February 2012 Page 3 of 12

4 3. Confirmation of Minutes Gisborne District Council Ordinary Meeting 20 December 2012 MOVED by Cr Burdett, seconded by Cr Bauld That the Minutes of 20 December 2012 be accepted. Action Sheet Noted. 4. Matters Arising a) 729 Road Legalisation Matahiia 31 May Cr Burdett reported that the parties were seeking legal advice and will come back to Council. 5. Notification of late items, questions and general business a) 13/026 Sustainable Dairying: Water Accord A Commitment to New Zealand by the Dairy Sector b) 13/072 Grant of Chorus Easement for Broadband Kopuaroa Hill c) 13/078 Gisborne Holdings Limited Interim Report For the Six Months Ended 31 December 2012 d) 13/079 Parliamentary Commission - Resource Management Reform Bill Productivity Commission Local Government Regulatory Performance (Addendum to Report 13/054) MOVED by Cr Bauld, seconded by Cr Seymour That Items 5 a), b), c) and d)) be accepted as late items 6. Committee Minutes a) Community Development 13 February 2013 Corrections to Item /015. The second paragraph will now read Nedine Thatcher Swann advised that the next Community Development meeting will contain a financial report on literacy programmes. A Library building project update will be provided through the Chief Executive s report. Item 2 a) the correct title for Youth Services is Te Ora Hau Youth Services. MOVED by Cr Cranston, seconded by Cr Stoltz That all items be received. b) Environment & Policy 13 February 2013 Councillor Haisman was in attendance at this meeting. MOVED by Cr Seymour, seconded by Cr Stoltz That all items be received. That items 7.2 2a),b),c) and d) are adopted. c) Finance & Monitoring 14 February 2013 MOVED by Cr Wilson, seconded by Cr Seymour That all items be received. d) Operations 14 February 2013 MOVED by Cr Hall, seconded by Cr Burdett That all items be received. PE Council Meeting Minutes 28 February 2012 Page 4 of 12

5 7. Mayor s and Councillors Reports For decision /008 Minutes of LGNZ Zone 2 Meeting held 16 November 2012 in Tokoroa Item 2 will go to the Environment & Policy Committee before returning to Council for adoption. Chief Executive Judy Campbell noted the following in response to questions; work is underway with Whakatane District Council regarding the possibility of a standard bylaw between the two Councils there would be extra pressure on Council Officers also looking at standardisation across the BOPLASS Councils a broad range of stakeholders have requested input the bylaw will be developed in this community then adopted by Council MOVED by Cr Haisman, seconded by Cr Murphy 2. requests the Chief Executive to commence the implementation of the Sale and Supply of Alcohol Act and report back to the Environment and Policy Committee on a regular basis. For noting /065 Third Report of the WMTGT to Gisborne District Council for the Period to 31 January 2013 Cr Seymour noted that the updated funds are currently $4.135M and the next event is a bands concert on 12 April Cr Seymour further noted the work done by Tina Karaitiana and Rehette Stoltz in fundraising and the support from Judy Livingston in her personal capacity. MOVED by Cr Seymour, seconded by Cr Stoltz 8. Staff Reports For decision /022 Submission on Proposed Changes to the Legislation Governing Earthquake- Prone Building Policies In response to questions of clarification Building Services Manager Ian Petty noted; hazardous elements in residential buildings were unreinforced masonary chimneys and old unbraced tall piles, these were not common in Gisborne the proposed exemption of small churches which were seldom used was a great advance but there will be a danger if it is expanded too much PE Council Meeting Minutes 28 February 2012 Page 5 of 12

6 Judy Campbell noted in response to a question regarding the practicality of people being unable to pay for building upgrades, that a test case was currently underway in Wellington. Ian Petty further noted the cost of structural engineers reports could be greatly reduced if done in bulk, between $500 and $1500 per building at a recent meeting Councils do not think one size fits all so require some discretion, this message was delivered to the Ministry. Cr Hall declared an interest in this topic and did not vote. MOVED by Cr Seymour, seconded by Cr Stoltz 2. approves the Officer s responses to the questions posed by the Ministry of Business, Innovation and Employment in response to the consultation document on Building Seismic Performance and forwards them to the Ministry as a Gisborne District Council submission /051 Appointment of Hearings Commissioner MOVED by His Worship the Mayor, seconded by Cr Stoltz 2. appoints Mr Jim Hodges as a Commissioner and delegates to him, pursuant to Section 34A(1) of the Resource Management Act 1991, all the functions, powers and duties of the Council under the Resource Management Act 1991 necessary to hear and decide on, with the Hearings Committee: a) the resource consent applications for Eastland Port Limited to develop and extend the Crawford Road log storage area including the discharge of treated stormwater to the Kopuawhakapata Stream. The voting for this appointment was by division, all Councillors present voted in favour. PE Council Meeting Minutes 28 February 2012 Page 6 of 12

7 8.3 13/052 Appointment of Hearings Commissioner MOVED by His Worship the Mayor, seconded by Cr Seymour 2. appoints Mr Murray Buchanan as an Independent Commissioner and delegates to him, pursuant to Section 34A(1) of the Resource Management Act 1991, all the functions, powers and duties of the Council under the Resource Management Act 1991 necessary to hear and decide on: a. a resource consent application for the Gisborne District Council to construct stage one of Tairawhiti Navigations Project, including the training wall walkway with islands and the Waharoa/Entrance at the inner harbour end of the walkway b. any other Resource Management Act matters, ancillary or related to the resource consent application The voting for this appointment was by division, all Councillors present voted in favour /055 Block Offer 2013 Following a query regarding the exclusion of waterways such as Waikaremoana from the Block Offer, Group Manager Environment and Planning Hans van Kregten noted; that advice had been given to the Ministry of Business, Innovation and Employment that there would be exclusion areas follow up is required on specific areas. Judy Campbell informed Councillors the Oil and Gas Study will be released 7 March MOVED by Cr Seymour, seconded by Cr Caddie 2. endorses the letter on the 2013 block offer dated 25 January /058 Draft Annual Plan, and Proposed Amendment to Council s Revenue & Financing Policy: Approval for Consultation The Audit Opinion (addendum) on the Proposed Amendment to the Long Term Plan Statement of Proposal was tabled. Councillors suggested the following changes; the three front cover photographs were all about the same topic so could be changed there were only three lines about the economy and industry, this could be expanded to include agriculture in detail on page seven paragraph three, small business promotion could be included PE Council Meeting Minutes 28 February 2012 Page 7 of 12

8 on page three regarding the Fitzherbert St office suggested it would be more accurate to say we will plan for as opposed to replace page 4 the map of the wards should be the new one page 24 the $1.9M was not accurate at this stage should be replaced with a figure that is approximate develop reasons for Community housing consider removing items that are too global. In response to a query about an unfilled vacant position Nedine Thatcher Swann noted that differences in budget are required to be explained in the TYP. MOVED by Cr Stoltz, seconded by Cr Wilson 2. agrees, having had regard for those matters outlined in the staff report, that it is financially prudent to budget for operating surplus in the 2013/14 draft Annual Plan 3. approves the draft 2013/14 Annual Plan and the proposed amendment to Council s Revenue & Financing Policy for release for public consultation under Sections 83 and 85 of the Local Government Act agrees that the draft 2013/14 Annual Plan and proposed amendment to Council s Revenue & Financing Policy be publicly notified on 5 March 2013 and that the submission period close at 4pm on 5 April /050 Constitutional Review Councillors had varying views on whether a submission should be made to the Constitutional Review. These included; no submission should be made due to the amount of staff time taken up with writing the submission there should be input into the size of the electorate, the ways this Council engages with Māori, and the term of parliament and its impact on local bodies Council is the body closest to citizens and a local democracy suggested a workshop to provide staff with direction individual responses could be made there is a risk that Councillors will not agree and a submission will not go forward MOVED by Cr Davidson, seconded by His Worship the Mayor. PE Council Meeting Minutes 28 February 2012 Page 8 of 12

9 MOVED by Cr Wilson, seconded by Cr Stoltz 2. Instructs staff to prepare a submission to the Constitutional Advisory Panel. For noting /045 Chief Executive s Activity Report January/February 2013 In response to questions of clarification Judy Campbell noted key points. the costs of three options in the Annual Plan for the Library will be put before Council but more detail will be provided on the two favoured options whether to restore or repair the Cenotaph would be Council s decision advice was being taken on the hockey turf but it is not for public discussion at this stage there is a meeting on Monday 4 March 2013 with the RSA and Historic Places Trust where the security of the soldier on top of the Cenotaph will be discussed. Cr Aston suggested the placement of cheap bags around the cycle and walkways for the removal of dog faeces by their owners as was done in other centres. a section in the Chief Executives report will now refer to activity across the District in addition to the major projects as defined in the TYP, an application from Clive Bibby has been received for the Annual Plan the total cost of $1.5M are for the Alfred Cox to Waikanae and the Awapuni School to Anzac Street walkways as budgeted for this financial year but not the Waikanae to Midway walkway stage one of the EDRMS project is finished, the price is now $840k as definitions have been clarified. Gisborne District Council has a legal obligation to have accurate and easily accessed records, 9 staff are currently managing records the production photocopier is being shifted due to a longstanding Health and Safety issue. Replacement photocopiers sourced through BOPLASS at reduced rates. MOVED by His Worship the Mayor, seconded by Cr Wilson /046 Tairāwhiti Navigations Project Update In response to questions of clarification Judy Campbell noted; the Māori groups are reengaged following consultation with iwi, written letters of support are expected and the important stories will be told the project will still encompass the entire region including the East Coast the project has been focused to get it underway PE Council Meeting Minutes 28 February 2012 Page 9 of 12

10 all major projects will come back to Council for sign off, the only commitment is the experimental section clip on in conjunction with the Port Company. The strategy for the funding application process is being worked on. Cr Haisman suggested the need to make more of the connection to Captain Cook. Judy Campbell further noted that the responsibility for the experimental stage is a three way one with the Port Company, maintenance of the clip on will be Council s and the wall is the Port Company s, property issues will need to be resolved. MOVED by His Worship the Mayor, seconded by Cr Wilson /054 Parliamentary Commission - Resource Management Reform Bill Productivity Commission Local Government Regulatory Performance Secretarial note: An addendum was tabled as Report 13/079 replacing this item on the agenda /056 Local Government Commission Determination Representation Arrangements Judy Campbell informed Council that new ward maps will cost approximately $5,000. MOVED by Cr Stoltz, seconded by Cr Murphy /057 Councillor Professional Development - Update MOVED by His Worship the Mayor, seconded by Cr Stoltz /010 Use of Council Seal: September 2012 to December 2012 MOVED by Cr Bauld, seconded by Cr Tangaere Secretarial note: Cr Stoltz left the meeting at 11.20am and returned at 11.23am. 9. Late Items For decision /026 Sustainable Dairying: Water Accord a Commitment to New Zealand by the Dairy Sector Hans van Kregten noted for clarification that all Councils were asked to approve the same report so therefore it needed to be Friend of the Accord PE Council Meeting Minutes 28 February 2012 Page 10 of 12

11 Cr Caddie noted that in Horizon a similar accord was used to argue against land changes and was rejected by the Environment Court. Cr Haisman noted that it is an accord but should not be made into law locally. MOVED by Cr Seymour, seconded by Cr Caddie 2. supports in principle the Sustainable Dairying: Water Accord 3. agrees to become a Friend of the Accord /072 Grant of Chorus Easement for Broadband Kopuaroa Hill MOVED by Cr Haisman, seconded by Cr Aston 2. authorises the Group Manager Engineering & Works to negotiate and grant a telecommunications easement over Council land in favour of Chorus as indicated on the attached plan /079 Resource Management Reform Bill - Productivity Commission Local Government Regulatory Performance (Addendum to Report 13/054) MOVED by Cr Bauld, seconded by Cr Seymour 2. supports Local Government New Zealand s draft submission to the Productivity Commission on the report Towards Better Regulation 3. supports Local Government New Zealand s draft submission on the Resource Management Reform Bill 4. requests a change to section 80 and related sections of the Resource Management Act to provide for a regional policy statement to become optional for unitary councils at the time when it has been operative for ten years. For noting 9 13/078 Gisborne Holdings Limited Interim Report For the Six Months Ended 31 December 2012 A report with further analysis will be discussed at the Finance & Monitoring meeting. MOVED by Cr Seymour, seconded by Cr Bauld 10. Questions There were no questions. PE Council Meeting Minutes 28 February 2012 Page 11 of 12

12 11. General Business Cr Seymour tabled an item under Standing Orders to revoke the following decision made at the Council meeting held on Thursday 27 September 2012: appoints Dale Ofsoske (Independent Election Services) to the role of Electoral Officer for the Gisborne District Council Signed by His Worship the Mayor, Councillors Aston, Bauld, Burdett, Cranston, Haisman, Murphy, Seymour, Stoltz, Tangaere and Wilson. The revocation is subject to the Chief Executive reviewing legal/contractual obligations and options for election services moving forward. Secretarial note: At 11.35am Council moved into Public Excluded Business. These minutes include a public excluded section. They have been separated for receipt as Public Excluded minutes. RE-ADMITTANCE OF THE PUBLIC MOVED by His Worship the Mayor, seconded by Cr Wilson 1. re-admits the public. The date of the May Council meeting was changed from 2 May 2013 to 9 May Secretarial note: The Mayor, Crs Seymour and Davidson left the meeting following the 11.55am adjournment for lunch. The meeting reconvened at 1.00pm with Deputy Mayor Aston as the Chair. At this stage the Constitutional Advisory Panel made a presentation to Council. The presentation record is detailed under Item 2c) as detailed in the agenda. There being no further business, the meeting concluded at 1.50pm. Nona Aston Deputy Mayor PE Council Meeting Minutes 28 February 2012 Page 12 of 12