Minutes of Sustainable Napier Committee - Thursday, 19 August 2021

Sustainable Napier Committee - 19 August 2021 - Open Minutes

Agenda Items

1. Napier Rotary Pathway Trust - Ōtātara Pā to Dolbel Reserve Walkway

Type of Report:	Procedural
Legal Reference:	N/A
Document ID:	1354928
Reporting Officer/s & Unit:	Jason Tickner, Team Leader Parks Reserves and Sportsgrounds

1.1 Purpose of Report

To seek a decision on the location of the proposed public walkway linking Ōtātara Pā to Dolbel Reserve.

At the Meeting

The Officer spoke to this report. There were no questions from the Committee.

Committee's recommendation

Councillors Taylor / Simpson

The Sustainable Napier Committee:

a. Agree to proceed with the detailed design and construction of the proposed walkway between Ōtātara Pā and Dolbel Reserve which includes the off-road portion behind Webb Place – Figure 2, Option A (Doc ID: 1370665).

Carried

2. Botanical Gardens Picnic Cinemas

Type of Report:	Procedural
Legal Reference:	Reserves Act 1977
Document ID:	1355825
Reporting Officer/s & Unit:	Jason Tickner, Team Leader Parks Reserves and Sportsgrounds

2.1 Purpose of Report

The purpose of this report is to seek approval from Council to allow Picnic Cinemas to hold a series of family/community-orientated movie nights at the Botanical Gardens over the next five (5) calendar years (four event seasons).

At the Meeting

The Officer spoke to the report and noted that since this meeting’s agenda had been published the resource consent had been granted for the event. This consent addresses the environmental impacts of the event.

In response to questions from the Committee clarified:

· The licence period is four years as Picnic Cinemas are making a significant investment in the equipment they require to hold the movie nights so require some certainty this investment is worthwhile. They have asked the same of the other Hawke’s Bay Councils and will screen movies at different locations across the summer period. If there were issues with the licensee these could be addressed through the Council booking system, as Picnic Cinemas will still be required to book the site for each of their screening sessions.

· The licence will give Picnic Cinemas exclusive use of a designated area of lawn for the timeframe stipulated in the booking.

· Picnic Cinemas will have to comply with the existing Parks and Reserves bylaws, which stipulate the Botanical Gardens are a smoke-free and alcohol-free zone. Signage and security will be present during the film screenings to notify and enforce the bylaws.

· Picnic Cinemas will have signage outside the Botanical Gardens to advertise their events and to notify residents of its occurrence. Also as part of the resource consent conditions, Picnic Cinemas are required to notify nearby residents of the event with a letter drop.

· Traffic management will be required just prior and just after the screening takes place.

· These events are intended to be zero waste, and the resource consent has conditions in it the event organisers have to comply with to ensure zero waste.

Committee's recommendation

Councillors McGrath / Crown

The Sustainable Napier Committee:

a. Resolve that the report be received.

b. Resolve

i. Pursuant to the delegated authority provided to Council under the Instrument of Delegation for Territorial Authorities, dated June 2013, to grant a licence under Section 54(1)(d) of the Reserves Act 1977 for Picnic Cinemas over part of the land described in the Schedule below (being Recreation Reserve) for the purposes of operating the business of a cinema for a term of no more than two (2) events per summer season, consisting of a maximum of (4) days per event, over the next four (4) summer seasons (2021-2025) and otherwise in accordance with the Reserves Act 1977, subject to any other consents being granted.

Schedule

Legal Description Botanical Gardens Survey Office Plan 5010

Identifier HBW2/600

Carried

3. Reserve Management Plan Approval to Proceed with Preparation

Type of Report:	Procedural
Legal Reference:	Reserves Act 1977
Document ID:	1355966
Reporting Officer/s & Unit:	Jason Tickner, Team Leader Parks Reserves and Sportsgrounds

3.1 Purpose of Report

To advise and update on the impending Reserve Management Plan (RMP) Review scheduled to commence in 2021.

The report seeks to advise of the legislative procedure stipulated by the Reserves Act (1977) for the preparation of each Reserve Management Plan. The process includes details on mandated and optional consultation and engagement.

This report also seeks endorsement of the following:

· The proposed Draft Reserve Management Plan Priority List – refer Attachment A (Doc ID: 1370683);

· The proposed internal process set out in Section 3.3 of this report; and

· The intention to prepare Draft Reserve Management Plans (calling for suggestions) for a City Wide plan, Taradale Park and Maraenui Park.

· Inform of the additional recommendations from the Māori Committee - as part of the RMP review investigate co-governance models around parks and reserves and the continued engagement with mana whenua on the naming of parks.

This report follows on from the 9 December 2020 Māori Committee meeting. The Māori Committee have endorsed preparation approach and reporting. Note the amended recommendation regarding investigating co-governance models around parks and reserves and also the continual engagement of mana whenua around the naming of parks and reserves.

The process is clear, and appropriate, and continues to support effective engagement with Hapū and Iwi Authorities.

At the Meeting

The Officer spoke to this report and in response to questions from the Committee clarified:

· The proposed Draft Reserve Management Plans priority list can be reviewed with The Council. Council Officers did not intend to consult with the community over the list. The current rankings are based on where Council Officers felt the need was greatest, but it can be reordered if priorities change.

· The City Wide Reserve Management Plan is to look at the overarching policies on the whole of Napier city. It needs to be looked at first to give an overall direction.

· There has been a lot of input and enquiries about Taradale Park. The park is used for many things by many stakeholders and residents, so to prioritise this park would give a response to the community pressure.

· Maraenui Park has not been focused on in the last few years. There is an opportunity for Council to find out what the community would like to happen here.

· A Reserve Management Plan process takes about two years, depending on scale and public involvement, and there is no way to shortcut that. Occasionally individuals or groups offer donations towards rejuvenating public spaces, and have suggestions of how the rejuvenation could be carried out. There can be some balancing required between what is wished for and what Council is able to achieve.

· The Coastal group of reserves could be moved up the priority list to give a clear picture for concerned residents and to address some of the developing coastal issues.

· Council Officers have been working on a Draft Open Space Strategy for the last two years. It has formed a good basis for how Council it sees all its open spaces being managed and for progress of reserve management planning. The Reserve Management Plans will then give structure to any larger reserve plans developed in the future.

· The Harakeke Walkway was developed in conjunction with Hawke’s Bay Regional Council (HBRC) and has been relatively successful regards to native planting. There are no plans currently to extend that planting. The Cross Country Drain and the Harakeke Walkway’s main purpose are as drainage reserves, and that classification will not be changed. Council is looking at where more native planting can occur, in conjunction with community groups and the Three Waters Team.

· Planning with interested community groups can be initiated to give some surety that specific Reserve Management Plans are in the work schedule and Council is willing to take community feedback on board. To reprioritise one plan on the Reserve Management Plans priority list will deprioritise others.

· The Parks and Reserves Team is under resourced and there is a lot of work to get through. There is recruitment underway for a Policy Planner, but it is a very competitive job market for someone with these skills. Council has a Consultant engaged to help get the Taradale and Maraenui Park Plans progressed.

· There is consultation occurring currently on Spriggs Park through Rotary.

Committee's recommendation

Councillors Taylor / Simpson

The Sustainable Napier Committee:

a. Endorse the recommendation to proceed with Reserve Management Plan Review undertaking both the optional and mandated consultation and engagement for each plan in accordance with Section 41(5) and Section 41(5)(c) of the Reserves Act (1977) and subsequently the internal process set out in Section 1.3 of this report.

b. Endorse the draft priority list included in Attachment A, noting that subsequent to the implementation of c. below, the Sustainable Napier Committee will be asked to endorse the Council’s intention to prepare the next tranche of Management Plans (in accordance with the prioritised list).

c. Endorse Council’s intention to notify the preparation of the following Reserve Management Plans – City Wide, Taradale Reserve/Centennial Park, and Maraenui Park, calling for suggestions prior to drafting in accordance with Section 41 of the Reserves Act (1977).

d. That the recommendation of the Māori Committee requesting Officers investigate co-governance models around parks and reserves be endorsed and that this be considered as part of Council’s co-governance framework which is currently under development.

e. Endorse the recommendation of the Māori Committee requesting Officers engage with mana whenua around the naming of parks and their history.

f. Note that Reserve Management Plans require endorsement by Council prior to adoption.

Carried

Decision of Council

Councillors Chrystal / Simpson

That, in terms of Section 82 (3) of the Local Government Act 2002, that the principles set out in that section have been observed in such manner that the Napier City Council considers, in its discretion, is appropriate to make decisions on the recommendation.

Carried

4. Ahuriri Masterplan Project Update: Thames-Tyne Sediment Investigation

Type of Report:	Information
Legal Reference:	N/A
Document ID:	1360308
Reporting Officer/s & Unit:	Hannah Ludlow, Environmental Management Officer

4.1 Purpose of Report

The purpose of this report is to inform the Sustainable Napier Committee of the results to date of the Pandora Sediment Assessment project.

At the Meeting

The Officer spoke to the report and in response to questions from the Committee clarified:

· The timelines for funding the improvement of the Thames-Tyne waterway network are set out in the Ahuriri Master Plan and the Long Term Plan (LTP). Within the next two financial years the core funding will come online and beyond that residual funding will become available for continued work and maintenance.

· Contamination of the waterway by the heavy metals detected at 17.8cm depth in the core sampling would only occur if the sediment above was disturbed. This depth is below where benthic communities would reside (species dwelling on the waterway floor).

· There is still adequate budget available for the work to be completed in the next two years.

· There have been other projects in New Zealand which have remediated marine sediment successfully.

· HBRC have issued resources consents to third parties which allow higher contaminants than they allow Council. The current Thames-Tyne waterway consent comes to an end in two years’ time, and Council will be talking with HBRC in the lead up to this about what should be happening in these waterways going forward.

Committee's recommendation

Councillors Browne / Chrystal

The Sustainable Napier Committee:

a. Note the results of the sediment core sampling.

Carried

5. Napier City Waste Management and Minimisation Plan (WMMP) Implementation Update

Type of Report:	Operational
Legal Reference:	N/A
Document ID:	1360310
Reporting Officer/s & Unit:	Alix Burke, Environmental Solutions Coordinator Rhett van Veldhuizen, Waste Minimisation Lead

5.1 Purpose of Report

a. This report provides information on new legislation that comes into effect from
01 January 2022; Waste Minimisation (Information Requirements) Regulations 2021 which requires the reporting of all materials received into and transported out of transfer stations including diverted materials.

b. This report is to provide an update on the implementation of the Joint Waste Management and Minimisation Plan (WMMP) and recent activities undertaken by the NCC Waste Minimisation Team. A copy of the WMMP can be viewed on the NCC website

c. In addition, there is an update on an initiative provided by The Packaging Forum which provides a sustainable destination for soft plastics.

At the Meeting

The Officer spoke to the report and in response to questions clarified:

· A new recording system is going to be installed at the transfer station to monitor and capture records of all waste received into and going out of the Transfer Station, and waste being diverted to other locations rather than to the landfill. Training of staff on the new system will be required.

· The waste disposal tonnage across Council’s services has increased, this may be because the Council service is being used in favour of other local independent operators.

· Councils all around the country have noted an increase in fly tipping since the first Covid lockdown. This may be because of increase costs at landfills and transfer stations, and the costs are set to increase further over the next few years. Dump fees are not incentivising people to dispose of rubbish appropriately.

· The Government Waste Levy funding is not allowed to be used for prosecuting illegal dumping, but the Council will keep asking for this.

· Council can use some Waste Levy funding for two new cross-boundary roles proposed to Hastings District Council (HDC) which could align policies, enable efficiencies, and maintain the joint philosophies and delivery of the WMMP.

· With the increase in waste tonnage and city population there should be an increase in the Waste Levy funding.

· A key part of the WMMP is to stop compostables going to landfill. The cost of a door-to-door services is very expensive and could be an additional $60-$80 per year for some rate payers. An opt in service would be more expensive as the cost would be spread over fewer households. Council’s main focus in this space is on industries which produce organic waste.

· Curb-side recycling uptake has been good. This leads to high tonnage and additional freight and sorting costs.

· During level four lockdown plastics, glass and cans cannot be sorted. Currently Council is storing recyclables which cannot be processed during level four lockdown. A sorting plant which can operate during level four lockdown has been found and if a contract with them can be secured Council will be able to continue sorting all recyclables during lockdowns.

· Polystyrene cannot be recycled. To put the onus back on the manufacturer, consumers should take it back to where they bought their products and make them return it to the manufacturer.

· Hawk packaging where all Napier’s recycled paper and cardboard goes is not solely dependent on the Council’s supply. They have other suppliers from around the country. Cardboard and paper is worth a significant amount at the moment, our contact with them currently is a zero cost, zero payment scenario but this could change in the future so there is no desire to alter the contract and incur a cost to the ratepayer.

Committee's recommendation

Councillors Brosnan / Simpson

That Sustainable Napier Committee

a. Receive the information regarding new Waste Minimisation (Information Requirements) Regulations 2021

b. Receive the Waste Minimisation Team’s WMMP implementation update.

Carried

With the agreement of the Committee the meeting was adjourned at 11.42am and reconvened at 11.47am.

6. Kerbside Waste Services - Replacement receptacles & Terms of Service

Type of Report:	Operational
Legal Reference:	Enter Legal Reference
Document ID:	1360311
Reporting Officer/s & Unit:	Alix Burke, Environmental Solutions Coordinator Rhett van Veldhuizen, Waste Minimisation Lead

Purpose of Report

a) To receive the attached Terms of Service (Doc ID: 1370685) for Napier’s kerbside rubbish and recycling services.

b) To seek Council’s approval for establishing fees for the replacement of Council owned wheelie bins which have been stolen, lost or damaged whilst using the service.

c) To seek a decision regarding provision of an additional wheelie bin for charitable organisations working from within a residential home in the collections area, to be invoiced for the service.

At the Meeting

The Officer spoke to this report and in response to questions from the Committee clarified:

· Other Territorial Authorities charge between $69 and $132 for replacement of 120L wheelie bins.

· The policy states it will take up to two weeks to replace a lost or stolen bin. This is because bins can be recovered, negating the need for a new bin to be provided.

· Damaged bins can be repaired by Council with its stock of spare parts.

· If a damaged or stolen bin has been reported within 24 hours of a collection time then the customer has taken the initiative to report it promptly. In this case Council will repair or replace at no extra charge to the customer.

· There will not be a separate policy for Kerbside Refuse and Recycling Collections, it will just be the Terms of Service.

Committee's recommendation

Councillors Simpson / Mawson

The Sustainable Napier Committee:

a) Receive the attached Terms of Service for kerbside collections.

b) Agree to the establishment of an $85 incl. GST fee for replacement wheelie bins that have been stolen, lost or damaged whilst using the service, for the 2021-2022 financial year.

c) Agree an additional wheelie bin will be provided, on application, to charitable organisations working from within a residential home in the collections area. They will be invoiced for the service.

Carried

7. Report on Napier water supply status end of Q4 2020-2021

Type of Report:	Operational
Legal Reference:	N/A
Document ID:	1362757
Reporting Officer/s & Unit:	Anze Lencek, Water Quality Lead

7.1 Purpose of Report

To inform the Council on the status of Napier Water Supply (NAP001) at the end of fourth quarter (Q4) of 2020-2021 compliance year.

At the Meeting

The Council Officer took the report as read and in response to questions from the Committee it was noted:

· The Tamatea and Parklands Controlled Water Area (CWA) has been in place for three months. In comparing dirty water complaints over the last three months with the same time last year, it was found in the Parklands area there have been no dirty water complaints this year, and in the Tamatea area last year there were 75 complaints compared to 6 this year. More data over time will be needed to draw a confident conclusion that the changes made have helped, but this is a good start.

· The Water Supply Projects table in the agenda is there to give an update on Council’s compliance with its resource consent and the Water Safety Plan. It gives visibility of the water projects underway and the improvement program tied into the Water Safety Plan. The Capital Programme has a traffic light system and this incorporates the water projects into it.

· Results of the A2 bore water sampling were received after the agenda for this meeting was published. The results show this bore has low manganese water. Once the A2 bore is brought online one of the other bores that has high manganese and iron can be taken offline.

· To bring the A2 bore online Council has invited tenders from contractors able to develop the well-head. It will depend on the contractors work program as to how long it will take before the bore is ready to be brought online. Council is working towards a deadline of February or March 2022.

· There are changes in legislation coming. Taumata Arowai are reviewing the water standards and will be putting operational rules in place. The Water Services Bill will also be made live soon. The draft water standards indicate secure bore status will be abolished, that means Council will not comply with the protozoa requirements. Council may also struggle to meet the bacteria requirements due to low chlorine contact time at the bores.

Committee's recommendation

Councillors Simpson / Mawson

The Sustainable Napier Committee:

a. Recommend Council to endorse the:

i. Report on Napier Water Supply Status end of Q4 2020-2021

Carried

8. Capital Programme Delivery

Type of Report:	Information
Legal Reference:	N/A
Document ID:	1363765
Reporting Officer/s & Unit:	Jon Kingsford, Director Infrastructure Services

8.1 Purpose of Report

To provide Council with information on the 2021 Long Term Plan Capital Programme and initiatives underway to improve Capital Programme Delivery.

At the Meeting

The Council Officer spoke to the report and in response to questions from the Committee it was noted:

· Risk is considered on a project by project basis in the delivery of the Capital Programme.

· Recruitment attempts are continuing for staff and physical works crew members. HBRC is also experiencing difficulty in this space. Work is being done to explore how to make Council an attractive option in the current job market. There has also been work done on a regional level with the other Councils on the combined programme of work to identify where the pressure points are, especially for three waters, transportation and vertical build projects.

· The combined regional vertical build programme of work is less than half of the total industry programme of work, as there is a significant investment privately in the market.

· Consideration is being given to how visibility of this programme of work might be provided to the contractor market of impending work.

· It has been discussed regionally how contracts could combine work to create economies of scale. There would need to be more work done on this before it could be enacted.

· Council applied for co-funding for the Puketitiri road upgrade from Waka Kotahi but that has been unsuccessful to date. Council is looking to break this project down into stages to access available funds. Work continues on this project.

· Council has interns who are currently going through tertiary study on design and projects and the People and Capability team are looking at how to implement a Cadet Scheme and what the costs would be to Council.

ACTION: A report on the risks of delivering the Capital Programme to be prepared for the Audit and Risk Committee to consider.

ACTION: Infrastructure team to follow up with Committee on the Poraiti Road Corridor improvements project.

Committee's recommendation

Councillor Crown / Mayor Wise

The Sustainable Napier Committee:

a. Receive the Capital Programme Delivery report.

Carried

9. Three Waters Reform Update

Type of Report:	Information
Legal Reference:	Local Government Act 2002s
Document ID:	1366132
Reporting Officer/s & Unit:	Adele Henderson, Director Corporate Services Russell Bond, Manager Water Strategy Pip Connolly, Personal Assistant to Director Corporate Services

9.1 Purpose of Report

The purpose of this report is to update the Committee on the Government Three Waters Reform programme. This report does not seek a decision, and is provided for information only. Government has provided for an 8 week consultation period on the proposal, with Councils being requested to respond by the end of September 2021.

At the Meeting

The Council Officer spoke to the report. Four attachment documents were tabled, and in response to questions noted:

· SIL research is going to be contractor to deliver a survey for the community to provide feedback on the reform programme. Survey questions will be shared with The Council prior to it being released, and these will cover a range of aspects in order to inform Council of what residents are comfortable with.

It was noted by the Mayor that there have been high level discussions held with neighbouring Councils about this reform. The Napier community will be welcome to present any ideas they in relation to the proposed reform or an alternative option for Napier.

Officer’s recommendation

The Sustainable Napier Committee:

a) Receive the report titled Three Waters Reform Update

b) Note that Officers have work well underway to understand the changes taking place regards the future provision of Three Waters services, and to best position Napier City Council for any future decisions in regulatory, and/or structural changes for Three Waters Service Delivery.

Amended Committee Recommendation

Mayor Wise / Councillor Brosnan

The Sustainable Napier Committee:

a) Receive the report titled Three Waters Reform Update

c) That Council direct officers to undertake engagement with the community so that this feedback can be included in the Council report back to DIA on the proposed reform by 30 September 2021.

d) That a Community meeting is organised by 10^th September to provide the opportunity to inform the community in more detail of the proposed reform.

Carried

Attachments

1 Appendix A - Napier CC - MoU - DIA signed.pdf

2 Appendix B - A New System for Three Waters Service Delivery.pdf

3 Appendix C - three-waters-reform-programme-overview-3-30-june-2021.pdf

4 Appendix D - Water Reform Risk Summary.pdf

With the agreement of the Committee the meeting was adjourned at 12.56pm.

The meeting reconvened at 3.41pm.

General subject of each matter to be considered.	Reason for passing this resolution in relation to each matter.	Ground(s) under section 48(1) to the passing of this resolution.
1. Land acquisition	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.