Minutes of Ordinary Meeting of Council

Ordinary Meeting of Council - 04 June 2020 - Open Minutes

Agenda Items

1. Wastewater Outfall Report

Type of Report:	Legal and Operational
Legal Reference:	Resource Management Act 1991
Document ID:	931230
Reporting Officer/s & Unit:	Catherine Bayly, Manager Asset Strategy Cameron Burton, Manager Environmental Solutions

1.1 Purpose of Report

To both:

· inform Council of an update to the status of the Awatoto Submarine Wastewater Outfall which conveys treated wastewater to the Pacific Ocean, and to;

· enable decisions to be made to bring forward funding for an expedited repair, renewal or replacement of the outfall structure.

At the Meeting

The Manager Asset Strategy spoke to the report, noting that the outfall asset is coming to the end of its useful life a few years earlier than originally anticipated. The primary concern is the leak at the 700m point of the outfall, but another smaller leak has been identified through the investigations where another earlier repair appears to have been damaged.

Napier City Council has been liaising with Hawke’s Bay Regional Council (HBRC) in relation to the outfall, and an independent consultant has assessed the asset and proposed several options as to how the leaks could be addressed.

The asset is live and currently only be able to be shut down for 3 hours at a time. Whichever repair option is selected has an inherent level of risk that will need to be weighed up and prepared for as far as possible.

As upgrade or replacement of an outfall being a more unusual project costings are quite varied at the moment and further investigations are required in order to provide more surety.

The Manager Environmental Solutions spoke further to the structure of the outfall, noting that it consists of nine sections.

Extensive monitoring by boat and drone was initiated when the 700m mark leak was identified, and it was a drone flight which first indicated the slightly closer leak. Underwater sampling takes place at different heights and distances from the leak, as well as long-shore sampling and mussel sampling. Most assessments have found that there is very little impact from the leak so far, but monitoring will continue for as long as necessary to further establish any pattern of discharge and flow.

In response to questions from Councillors it was clarified that:

· The variation to the existing consent (which ends in 2036) will only provide for the impact of the existing leak. Lodging the variation is not seen as a mitigation to the overall issue but would operate alongside the other preparations for a repair and or replacement.

· A contingency/ emergency response plan is being developed currently, which will be included with the consent variation, to establish mitigation and management measures should there be a rupture through the repair. The tool required to contain a breach takes some time to create and officers are working with experts and liaising with HBRC as to the approach.

· Greater detail on costings for a replacement outfall should be possible by the end of the year following further investigations. This will then inform the LTP process.

· Every option for repair has a certain level of risk and a careful plan is being drafted as to the approach, and what actions may need to be taken should challenges arise during any repair.

· Clear public communication would take place promptly should any impact be identified on kai moana. Mussels close to the shore have come back from sampling showing very low levels of viruses. Town reef, the best known area of kai moana collection, has very low risk even taking into consideration the leak at the 700m point.

· $2M has been included in the Annual Plan to allow for a ‘storage’ area that would allow for the wastewater plant and outfall to be shut down for longer periods of time. This storage would also help in other ways, such as managing stormwater overflows in heavy rain events, and preparing for future maintenance. The preferred capacity required for this storage will be considered as part of the masterplan.

· Full replacement will have a number of stages to progress through and is anticipated to take about 3-5 years in total.

· Although the asset is deteriorating, the larger issue is that the outfall is now not fit for purpose and forms a constraint to managing the wastewater network.

· Part of the work being undertaken through the master plan is on how wastewater could be managed in the future.

ACTION A formal “no fishing/ water vehicle” zone is to be established to protect the outfall and surrounding area.

Council resolution

Dep. Mayor Brosnan / Councillor Price

That Council:

a. Note the current status of the submarine wastewater outfall:

i. As previously reported, there remains some seepage of wastewater from sealing gaskets which form part of a bespoke fibreglass joint section of the subsurface outfall pipe structure;

ii. Despite efforts, staff have not been able to identify a way to quickly fix this seepage without putting the fibreglass joint at risk of rupturing;

iii. That frequent testing of the coastal waters surrounding the area of seepage continues to show de minimus environmental effect of those waters, caused by this seepage;

iv. That Hawkes Bay Regional Council (HBRC) have recently indicated (on 25 March 2020) that Council must take the following actions:
1) Undertake short-term repairs to mitigate the leak from the joint leak by 30 October 2020
2) Provide long-term options for repairing the joint in the outfall pipe by the same date (30 October 2020)

v. That HBRC have informally notified Council of their intention to pursue enforcement action against Napier City Council to cease the discharge at the joint if the timeframes above are not met.

vi. That a further leak has been discovered within 100m of the fibreglass joint. Divers have been to the site with the aim to repair and have found that this is an old repair that has been damaged by an anchor, or other, and will need an additional repair.

vii. Tight timeframes to effect a repair increases the risk associated with delivering a short-term fix, rather than facilitating long-term solutions which will provide better outcomes.

b. Endorse staff to:

i. Seek a variation to the current resource consent to authorise the discharge of wastewater via seepage at a position other than that currently authorised (at the fibreglass joint location);

ii. Seek early provision of funding assigned for later financial years in the Long Term Plan (LTP) to enable the strategic and planned replacement of the wastewater outfall, including better treatment options to facilitate a more highly treated wastewater in the future.

c. Approve funding to be released from Wastewater Reserves to attempt a fix of the two seepages and to start on investigation works for replacement of the outfall ($2m has been put forward in the 20/21 Annual Plan).

d. Approval to attempt the lowest risk repair option of the fibreglass joint to address Regional Council’s repair timelines.

e. Receive the Beca Ltd Report entitled “Napier City Council – Wastewater Outfall – Issues and Options” dated 15 May 2020

Carried

2. Napier Aquatic Development Update

Type of Report:	Operational and Procedural
Legal Reference:	Local Government Act 2002
Document ID:	933460
Reporting Officer/s & Unit:	Keith Marshall, Interim Chief Executive

2.1 Purpose of Report

To seek agreement in relation to the next steps in relation to the Napier Aquatic Development.

At the Meeting

The Interim Chief Executive spoke to the report noting that the intention is to provide the public with greater clarity as to where the conversation is currently at in relation to aquatic facilities, particularly as the Annual Plan and Long Term Plan processes progress.

In response to questions from councillors it was clarified that:

· The proposed transfer of funds is intended to allow for site investigations into the Onekawa site should Council wish to proceed with these.

· If Council approve today’s recommendation a work programme would be able to be developed with regards to any site investigations.

ACTION Analyse current usage of aquatic facilities across Napier and how the offering could be expanded or improved while the future provision is being worked through.

Council resolution

Mayor Wise / Councillor Mawson

That Council:

a. Note that Council, being conscious of the widespread community interest around progressing the previously proposed Napier Aquatic Centre Development, wishes to take some time to reconsider the various options.

b. Resolve that Council will commence some further consultation on the Napier Aquatic Centre Development as part of its Long Term Plan 2021-31 with a view to ensuring that the whole community is involved in progressing any finally agreed project in due course even though that might not determine a final option until a future annual plan.

c. Note that Council prefer not to continue with the tender for the Napier Aquatic Centre Development as issued on 21 May 20109 in favour of further considering the project as part of the Long Term Plan 2021-31.

d. Note that Council had provided $5m in the draft Annual Plan 2020/21 on the basis that it wasn’t sure of the court outcome at the time, nor of the best way to progress matters, and therefore had left itself some options to proceed while also noting the residual balance of the project sits in future years.

e. Note that Council are consulting on its draft Annual Plan 2020/21 and can make the necessary changes to move the current budget to future years for the Napier Aquatic Centre Development as part of deliberations and community feedback.

f. Resolve to transfer $500k from the reserve funding currently allocated for the pool in 2020/21 to operating costs to allow for further site investigations and design requirements at Onekawa site or any other requirements for potential consultation and further consideration as part of the Long Term Plan 2021-31.

Carried

3. Parks, Reserves and Sportsgrounds Water Conservation Strategy

Type of Report:	Information
Legal Reference:	N/A
Document ID:	932324
Reporting Officer/s & Unit:	Debra Stewart, Team Leader Parks, Reserves, Sportsgrounds

3.1 Purpose of Report

To advise Council of the Parks, Reserves and Sportsgrounds Water Conservation Plan for endorsement prior to its presentation in a paper at the World Urban Parks International Congress Event, Green Pavlova in Rotorua, May 2020 (now postponed to May 2021 in light of Covid-19).

At the Meeting

The Team Leader Parks, Reserves, Sportsgrounds spoke to the report, which had been laid on the table at the most recent extraordinary meeting of Council. A suite of recommendations has been developed to improve water conservation across Council’s parks and reserves activities, including the use of non-potable water for grounds, leak management, and re-considering the design of some recreational activities.

In response to questions from councillors it was clarified that:

· Using bore water rather than potable water would require a consent, but if this was achieved then the changeover of systems would be relatively simple.

· Whitmore and Maraenui Parks do not require a large amount of watering currently so have not been specified in the conservation strategy at this point.

· Park Island and Bledisloe parks have bores in the area. It is possible that using these for the parks may reduce pressure on the potable water network, but the overall usage would need to be considered before any change was actioned.

· Implementation of some actions is already underway, and the places where it expected that the largest savings may be found are being prepared for.

· Re-circulation of water could be a quick win and will be explored more thoroughly for areas where it can be used.

· The actions to date are able to be achieved within existing budgets.

· Catchment and storage of water has not been explored on larger sites as yet, but this could be investigated for the future.

· There may be opportunities to look at water systems in a more integrated way in future – for example the use of treated wastewater for grounds to save potable water.

Officer’s Recommendation

That Council:

a. Approve the Parks, Reserves and Sportsgrounds Water Conservation Plan for presentation at the World Urban Parks International Congress Event, Green Pavlova in Rotorua, May 2020 (now postponed to May 2021 in light of Covid-19).

Substitute Motion

Council resolution

Councillors Boag / Chrystal

That Council:

b. Direct officers to further advise Council on future possible implementation of recommendations in this plan and if any need to be included in the Long Term Plan.

Carried

The Director Infrastructure Services left the meeting at 11.22am

4. Coastal Hazards Strategy - Update from the Joint Committee Meeting (May)

Type of Report:	Information
Legal Reference:	Local Government Act 2002
Document ID:	929205
Reporting Officer/s & Unit:	Dean Moriarity, Team Leader Policy Planning

4.1 Purpose of Report

To update Councillors on progress of Stage 4 of the Coastal Hazards Strategy.

At the Meeting

The Team Leader Policy Planning spoke to the report, providing a update on the Coastal Hazards Strategy and associated actions, noting that recent conversations have included discussions on a funding split between the partner Councils.

Hauraki District Council have proposed a remit to Local Government New Zealand (‘LGNZ’) asking that central government develop a nation-wide coastal strategy including direction as to how any funding would be shared amongst local councils. The remit seeks to promote central coordination and direction for an issue that impacts across the country.

A regional workshop is being prepared for the discussion of Coastal Hazards, the timing of which is currently being considered for early September. A standing action is in place to ensure Napier City Council has the opportunity to establish its own position regarding funding prior to any regional discussions.

Council resolution

Dep. Mayor Brosnan / Councillor Price

That Council:

a. Note the information contained in the meeting notes from the Clifton to Tangoio Coastal Hazards Strategy Joint Committee meeting held on 1 May 2020.

b. Receive the unconfirmed minutes of the Clifton to Tangoio Coastal Hazards Strategy Joint Committee meeting held on 1 May 2020.

Carried

5. Quarterly report for the nine months ended 31 March 2020

Type of Report:	Legal and Operational
Legal Reference:	Local Government Act 2002
Document ID:	932115
Reporting Officer/s & Unit:	Caroline Thomson, Chief Financial Officer

5.1 Purpose of Report

To consider the Quarter Report for the nine months ended 31 March 2020.

At the Meeting

The Chief Financial Officer spoke to the report, noting that only the first week of the COVID-19 lockdown is reflected in this quarter. The impacts of the lockdown will primarily be seen in the end of year report.

Any required carry overs are being worked through and will be brought back to Council for consideration.

In response to questions from Councillors it was clarified that:

· A report on the recent legislative update regarding buildings will be brought to Council shortly.

· The tourism activities could be presented differently for the end of the year report so that the impacts of COVID-19 can be outlined.

· A variety of financial indicators are being tracked so that clarity around the impacts of COVID-19 is gained and recovery can be planned for.

ACTION Check the commentary on water seen on page 28 of the attachment as this may be incorrect

Thanks were extended to staff for their work with social housing during lockdown.

Council resolution

Dep. Mayor Brosnan / Councillor Chrystal

That Council:

a. Receive the Quarterly Report for the nine months ended 31 March 2020.

Carried

6. Napier City Worker Redeployment Package

Type of Report:	Legal and Operational
Legal Reference:	Local Government Act 2002
Document ID:	932631
Reporting Officer/s & Unit:	Adele Henderson, Director Corporate Services

6.1 Purpose of Report

To formally acknowledge and include the Napier City Work Redeployment projects in the Annual Plan 2019/20, noting any unspent funding in the current year will be carried forward into 2020/21.

At the Meeting

The Director Corporate Services spoke to the report noting that Council has received approval for Crown funding as part of the government’s redeployment package, and this will be able to be included in the upcoming Annual Plan process.

In response to questions from councillors it was clarified that:

· It was required that the jobs and work applied for had clear time frames and could be completed relatively promptly.

· The activities referred to here as “redeployment projects” have also been referred to as “shovel ready projects”.

· The funding is expected to be received in installations over the life of the projects.

Council resolution

Mayor Wise / Councillor Crown

That Council:

a. Note that Council has received approval for $1,070,000 associated with Crown Worker Redeployment Package to be undertaken as soon as practicable.

b. Approve the receipt of these funds and execution of the agreement requirements.

c. Note that Council will have an obligation under the agreement to report to the Crown monthly on the progress of these projects

d. Note that the Council will have an obligation to report to the Crown at the end of the project

e. Note that Council will need to notify the Crown of any potential overspend associated with the proposed project

f. Note that the proposed funding will contribute to 30 jobs for Napier as a result of the delivery of these projects

g. Approve the Annual Plan to be updated to include the Crown funding and associated projects costs of $1,070,000, noting that any underspend on these projects as at 30 June 2020 will be carried forward into next financial year

Carried

7. Airport Director - Reappointment

Type of Report:	Legal and Operational
Legal Reference:	Local Government Act 2002
Document ID:	932604
Reporting Officer/s & Unit:	Adele Henderson, Director Corporate Services

7.1 Purpose of Report

The purpose of this report is to recommend the reappointment of Sarah Park as a Director of Hawkes Bay Airport Limited (HBAL) and to notify Council of the pending retirement of Chairman Tony Porter and the recruitment process to follow for his replacement.

At the Meeting

The Director Corporate Services spoke to the report noting that Hastings District Council is also considering the same matter at its upcoming meeting.

It was noted that Ms Park has demonstrated excellent skills and brings good experience to the board.

ACTION Council will formally acknowledge the significant contribution of Tony Porter to Hawke’s Bay Airport Ltd since his first appointment in July 2009.

Council resolution

Councillors Taylor / Wright

That Council:

a. Approve the reappointment of Sarah Park as a director of Hawkes Bay Airport Limited for the period of one year, subject to Hastings District Council doing the same.

b. Note the retirement of Chairman Tony Porter from the Board of Hawkes Bay Airport Limited, noting that Mr. Porter will remain on the Board until the 2020 Annual General Meeting.

Carried

8. Hawke's Bay Museums Trust Statement of Intent 2020-2022

Type of Report:	Legal and Operational
Legal Reference:	Local Government Act 2002
Document ID:	932697
Reporting Officer/s & Unit:	Chris Denby, Finance Accountant

8.1 Purpose of Report

To receive the final Statement of Intent 2020 – 2022 for the Hawke’s Bay Museums Trust to Council required for reporting requirements for Council-Controlled Organisations.

At the Meeting

The Finance Accountant spoke briefly to the report, noting there have been no changes to the Statement of Intent following the earlier circulation of the draft document.

In response to questions from Councillors it was clarified that:

· The joint working group is currently focussing on a site for a new storage facility then will consider other relevant matters such as the governance model for the museum into the future.

Council resolution

Councillors Wright / Crown

That Council:

a. Receive the final Hawke’s Bay Museums Trust Statement of Intent 2020 - 2022

Carried

9. Complaints Policy Update

Type of Report:	Operational
Legal Reference:	N/A
Document ID:	931887
Reporting Officer/s & Unit:	Devorah Nícuarta-Smith, Team Leader Governance

9.1 Purpose of Report

To present the updated Complaints Policy to Council for adoption.

At the Meeting

The Team Leader Governance spoke to the report noting that Council regularly reviews its policies and updates them as required. The primary update to this policy has been the inclusion of a section that provides greater clarity for the public if they wish to raise concerns that council may be operating outside of its guiding rules.

ACTION Regular reporting on complaints and compliments at governance level will be initiated by the Regulatory Team (within which is encompassed the Customer Services Team)

ACTION The following updates will be made to the Policy:

· The time frame for the initial response to a complaint will be specified in more detail.

· Where a complaint is in relation to a Chief Executive, matters of greater significance will be referred by the Mayor to the Chief Executive Contract Committee for investigation.

· Greater clarity will be provided in relation to internal and external confidentiality

Council resolution

Dep. Mayor Brosnan / Councillor Wright

That Council:

a. Adopt the updated Complaints Policy

Carried

10. Unconfirmed Minutes Regional Transport Committee Meeting - 27 March 2020

Type of Report:	Operational
Legal Reference:	Local Government Official Information and Meetings Act 1987
Document ID:	932262
Reporting Officer/s & Unit:	Cheree Ball, Governance Advisor

10.1 Purpose of Report

To receive the unconfirmed minutes of the Regional Transport Committee meeting held on 27 March 2020.

At the Meeting

Cr Price spoke to the joint committee discussions, noting that conversations have centred around facilitating port transport, and considering options for improvements that could be made in the provision of buses.

It was noted that any development in Ahuriri is required to meet certain noise management requirements in the construction, such as double glazing. The Port does have responsibility to manage noise for discrete parts of the area closest to the facility. The Port Noise Committee does still exist but generally only considers noise directly from the port site not on roads. However there is a transport representative on the Committee who does monitor transport noise and advises on ways this can be managed.

NZTA are responsible for Bridge Street and have undertaken a capacity study for that road and the primary arterial transport routes. They are satisfied that appropriate capacity is available.

Council resolution

Councillors Price / Browne

That Council:

a. Receive the unconfirmed minutes of the Regional Transport Committee meeting held on 27 March 2020.

Carried

Minor Matters

Rapid Response Fund

Cr Boag gave a short update in relation to the Rapid Response Fund, which provided small grants to organisations that incurred extra costs through their provision of welfare during the COVID-19 national response. Thirteen different groups which had provided a wide variety of services received grants from the fund. While a significant portion of the $50,000 fund was allocated through the process, the remaining amount will be transferred to other community support channels

General subject of each matter to be considered.	Reason for passing this resolution in relation to each matter. That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information where the withholding of the information is necessary to:	Ground(s) under section 48(1) to the passing of this resolution. 48(1)(a) That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist:
Agenda Items
1. Hawkes Bay Airport Limited	7(2)(f)(ii) Maintain the effective conduct of public affairs through the protection of such members, officers, employees and persons from improper pressure or harassment 7(2)(h) Enable the local authority to carry out, without prejudice or disadvantage, commercial activities 7(2)(i) Enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)	48(1)A That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist: (i) Where the local authority is named or specified in Schedule 1 of this Act, under Section 6 or 7 (except 7(2)(f)(i)) of the Local Government Official Information and Meetings Act 1987.
2. Rental Relief	7(2)(f)(ii) Maintain the effective conduct of public affairs through the protection of such members, officers, employees and persons from improper pressure or harassment 7(2)(h) Enable the local authority to carry out, without prejudice or disadvantage, commercial activities 7(2)(j) Prevent the disclosure or use of official information for improper gain or improper advantage	48(1)A That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist: (i) Where the local authority is named or specified in Schedule 1 of this Act, under Section 6 or 7 (except 7(2)(f)(i)) of the Local Government Official Information and Meetings Act 1987.
3. Chief Executive Key Performance Indicators – Limited Distribution	7(2)(a) Protect the privacy of natural persons, including that of a deceased person 7(2)(h) Enable the local authority to carry out, without prejudice or disadvantage, commercial activities 7(2)(i) Enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)	48(1)A That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist: (i) Where the local authority is named or specified in Schedule 1 of this Act, under Section 6 or 7 (except 7(2)(f)(i)) of the Local Government Official Information and Meetings Act 1987.