Sustainable Napier Committee - 11 November 2021 - Open Minutes

Sustainable Napier Committee

Open Minutes

Meeting Date:

Thursday 11 November 2021

Time:

10.00am – 3.13pm

Venue

Large Exhibition Hall
Napier War Memorial Centre
Marine Parade, Napier

 

Livestreamed via Council’s Facebook site

 

Present

Councillor Price (In the Chair), Mayor Wise, Deputy Mayor Brosnan, Councillors Boag, Chrystal, Crown, Mawson, McGrath, Simpson, Tapine, Taylor and Wright

In Attendance

Chief Executive (Steph Rotarangi)

Director City Services (Lance Titter)

Director City Strategy (Richard Munneke)

Director Community Services (Antoinette Campbell)

Director Corporate Services (Adele Henderson) via zoom link

Director Programme Delivery (Jon Kingsford)

Acting Director Infrastructure Services (Debra Stewart)

Acting Manager Communications and Marketing (Julia Atkinson)

Chief Financial Officer (Caroline Thomson)

Manager Environmental Solutions (Cameron Burton)

Manager Sport and Recreation (Glenn Lucas)

Manager Water Strategy (Russell Bond)

Manager Regulatory Solutions (Rachael Horton)

Team Leader Parks Reserves and Sportsgrounds (Jason Tickner)

Water Quality Lead (Anze Lencek)

Strategic Planning Lead (Fleur Lincoln)

Urban Design Lead (Georgina King)

Regional Programme Director (Toni Goodlass)

Manager Property (Bryan Faulknor)

Senior Advisor Policy (Matt Adamson)

Tyler Strauber (Becca Consultants)

Administration

Governance Advisors (Anna Eady and Carolyn Hunt

 

 

Karakia

The Committee opened the meeting with a karakia.

Apologies

Councillors Brosnan / Tapine

That the apology from Councillor Browne be accepted.

Conflicts of interest

Nil

Announcements by the Mayor

The Mayor noted last week’s positive Covid-19 wastewater result. Further testing has occurred and there was a negative result yesterday. Due to the heavy rainfall in the last week another sample is being tested to make sure yesterday’s result was not due to dilution of the wastewater by rain water mixed in with it. The Mayor encouraged residents to continue to get tested if they have any of the identified symptoms, and to follow the government guidelines to keep themselves safe.  

 

The Mayor also acknowledged it is one year this week since the 2020 flooding in Napier and noted that Council has released the Napier Flood Report. The report looks at how the stormwater system worked during the flood event, what impacted the ability of the system to respond effectively, the response and recovery of the flood, and the work programme now in place as a result of the event. Residents can view this report on the Napier City Council website.  

The Mayor recognised all those who worked through the flood event to help those in need, including Council staff, many of whom worked outside their normal roles. The Mayor also acknowledged those who were directly impacted by the event.

 

Today is Armistice day. It is the 103 year anniversary of the signing of the armistice agreement, ending World War I. Although the Mayor and Councillors cannot attend the Returned Services Association service today due to being in Committee meetings, the meeting will observe a minute of silence at 11am to recognise those who served in the conflict, and those who lost their lives.

Announcements by the Chairperson

Nil

Announcements by the management

The Environmental Solutions Team are updating the Solid Waste Bylaw, and will do this in conjunction with Hastings District Council. They are seeking extra resource for this. The update will address the matters being raised through the Waste Reforms.

Confirmation of minutes

Councillors Mawson / Boag

That the Minutes of the meeting held on 30 September 2021 were taken as a true and accurate record of the meeting.

Agenda Items

 

1.    Bledisloe Park - Hawke's Bay Indoor Bowls

Type of Report:

Procedural

Legal Reference:

Reserves Act 1977

Document ID:

1357922

Reporting Officer/s & Unit:

Jason Tickner, Team Leader Parks Reserves and Sportsgrounds

 

1.1   Purpose of Report

To seek approval in principle for the Hawke’s Bay Indoor Bowls Association to locate at Bledisloe Park subject to detailed feasibility including consideration of colocation with other similar recreational activities.

 

At the Meeting

The Officer took the report as read. The report is a follow up from the Hawke’s Bay Indoor Bowls Public Forum presentation at the last Committee meeting.

In response to questions from the Committee it was clarified:

·         The parking available in this area is already under heavy use, however the usual hours of operation for the Association would be outside of school hours. The Association is looking at having 40 additional carparks as part of their complex. A conversation could be had with the Association about the ability of other groups to use these carparks when the Association are not using them.

·         Consultation must be undertaken with affected parties as Bledisloe Park is a Council reserve. This will include Bledisloe Primary School, bordering childcare facilities, as well as the Taradale Business Association.

·         Council has previously installed extra footpath in this area to provide a safe pathway for school children around the parking area. As part of a resource consent application Council will ensure this area is safe for all users.

·         There is not currently an engagement timeline as that is subject to the outcome of this Committee meeting, and then the engagement team’s current work programme.

·         If the Association decided to apply for an onsite liquor licence they would have to go through the usual application process for a Club Licence. This process would look closely at the impact this may have on the surrounding community.

·         The Reserves Management Plan is due to be updated. The current Reserve Management Plan does not reference this reserve for the sale of alcohol, but that does not mean it is prohibited at the location. This could be looked at as part of the detailed design conversation with the Association.

 

Committee's recommendation

The Sustainable Napier Committee:

a)     Approve in principle that Hawke’s Bay Indoor Bowls to locate at Bledisloe Park.  This approval is given subject to the Hawke’s Bay Indoor Bowls in conjunction with Council Officers working through stakeholder engagement, detailed design, and confirming the club has sufficient funds to meet the full cost of the development.

b)    That the final proposal be reported back to Council for approval prior to any Resource Management Act 1991 and Reserves Act 1977 processes being progressed.

 

 

 

 

 

 

2.    Napier Environmental Enhancement Fund Proposal

Type of Report:

Operational

Legal Reference:

N/A

Document ID:

1391716

Reporting Officer/s & Unit:

Cameron Burton, Manager Environmental Solutions

 

2.1   Purpose of Report

This report provides information on a proposed Environmental Enhancement Fund to receive and redistribute money from:

·      Reparations from enforcement action under the Stormwater, Trade Waste and Wastewater and Solid Waste Bylaws;

·      Money applied for from the Ministry for the Environment (MfE), and;

·      Bequests or the like.

It is proposed the money would be used to provide a fund for research, remediation, planting, and biodiversity enhancement, or for use by community groups to increase connectivity and identity to Napier’s environment.

 

At the Meeting

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

·         This fund’s focus is to enhance the biodiversity of Napier city. The outcomes of the Waste Management and Minimisation Plan (WMMP) come under a different fund.

·         This fund would be ring fenced, report on, and kept for the purposes for which it was set aside.

·         Fines that come to Council through prosecutions are handled differently as the mechanisms for them are slightly different. Where there is a discharge without conviction, and the reparation is for the purpose of environmental enhancement, this fund is where the money would go. Often reparation payments have conditions imposed on their use by the Court.

·         In relation to contestable applications, the operational procedures around that are yet to be established. This paper was to see if the Committee approved in principle of the fund being established.

·         Allocating money to projects from this fund would need to be managed to make sure the best outcomes were achieved, based on the funds available at the time.

·         Significant capital funding is already allocated to environmental projects, particularly to the quality of stormwater. This fund would be for reparation payments to go to particular areas which may not already have a capital project assigned, although this would not prevent the money from being used for a capital project if appropriate.

·         The Community may also be able to have input into what the money is used for through this process.

·         Whether Council promotes what the fund is used for will have to be decided as money is received.

·         Council will look to have a conversation with the Hawke’s Bay Foundation about money that comes from bequests, as they are very active in that space.

Committee's recommendation

The Sustainable Napier Committee:

a.     Approve

i.      The creation of a Napier Environmental Enhancement Fund to receive money awarded to NCC as the result of reparation, applications to Government bodies or bequests or the like, which will be reviewed and reported on annually.

ii.     The use of the money in the Napier Environmental Enhancement Fund for research, remediation, planting, and biodiversity enhancement, or for use by community groups to increase connectivity and identity to Napier’s environment.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3.    Report on Napier Water Supply Status End of Q1 2021-2022

Type of Report:

Operational

Legal Reference:

N/A

Document ID:

1392321

Reporting Officer/s & Unit:

Anze Lencek, Water Quality Lead

 

3.1   Purpose of Report

To inform the Council on:

-     the status of Napier Water Supply (NAP001) at the end of first quarter (Q1) of 2021-2022 compliance year

-     the Annual Compliance Napier Drinking-water Supply report by Drinking Water Assessor, for the 2020/2021 compliance year

 

At the Meeting

The Officer took the report as read, noting Council have been fully compliant this year:

·         The number of discolouration complaints received by Customer Services has dropped substantially compared to recent years, which is encouraging.

·         There was a spike in complaints on the 23rd of October 2021 after ad hoc maintenance on a big water valve.

·         Council had consulted on installing up to four declhorination stations and from this have settled on installing two.

·         Taumata Arowai will be taking over as the regulatory body from Monday 15 November 2021. Going forward, the current drinking water standards are going to stay in place until 30 June 2022, and on 1 July 2022 new standards will come in to force. The new standards still have to go through a consultation process, so there may be changes made. Council would be noncompliant with the draft new standards if they were to go live today, but are working to have additional bores on line in time which will be compliant.

·         The conditions to for a city to have chlorine-free water come under the Health Act 1956, and are administered by the Ministry of Health, so there will be no change to these.

Committee's recommendation

The Sustainable Napier Committee:

a.     Recommend Council endorse the:

i.      Report on Napier Water Supply Status end of Q1 2021-2022.

ii.     Annual Compliance Napier Drinking-water Supply report for the 2020/2021 compliance year.

 

 

4.    Pettigrew Green Arena development: Reclassification of Reserve

Type of Report:

Operational and Procedural

Legal Reference:

Reserves Act 1977

Document ID:

1392538

Reporting Officer/s & Unit:

Glenn Lucas, Manager Sport & Recreation

 

4.1   Purpose of Report

For Council to resolve to initiate the Reserves Act process to reclassify part of Riverside Park in Taradale.  This is to enable the Regional Sports and Events Centre (RISEC) Trust to expand the Pettigrew Green Arena (PGA) onto this area of the park.

 

Deputy Chairperson Simpson left the meeting at 10.38am and returned to the meeting at 10:41am.

 

At the Meeting

The Council Officer spoke to the report, noting the next stage in this project is public consultation. There were no questions from the Committee.

 

Committee's recommendation

The Sustainable Napier Committee:

a.     Resolve to approve in principle to reclassify, in accordance with Section 24 of the Reserves Act 1977, approximately 8052m2 of Riverside Park, being Part Lot 1 DP 6891 and Part Lot 2 DP 6891 and held in CTs Y3/393, 198/4 and V2/616, from Recreation Reserve to Local Purpose (Community Buildings) Reserve to accommodate the extension of the Pettigrew Green Arena.

b.     Note that the proposal to reclassify is required to be publically notified and that after the notification period  the matter will be brought back to Council for final consideration

 

 

 

 

 

 

 

 

 

5.    Pettigrew Green Arena extension: agreements for council approval

Type of Report:

Legal and Operational

Legal Reference:

Reserves Act 1977

Document ID:

1397968

Reporting Officer/s & Unit:

Glenn Lucas, Manager Sport & Recreation

 

5.1   Purpose of Report

The purpose of this report is to seek Council approval for the Chief Executive to sign three separate agreements on behalf of Napier City Council around land ownership and usage for the Pettigrew Green Arena site.

 

At the Meeting

The Council Officer spoke to this report, noting it outlines the agreements required to provide the legal parameters for this project.

 

ACTION: Distribute an image of the current site with the proposed changes overlaid on top.

Committee's recommendation

The Sustainable Napier Committee:

a.     Approve the acquisition of a parcel of land by way of transfer from the Eastern Institute of Technology at no further consideration of compensation.  This land is part of the land contained in records of title HBW 4/632 and HBW 4/631 and shown shaded in red in the scheme plan attached to the Agreement to Acquire Land.

b.     Pursuant to Section 48 of the Reserves Act 1977, to approve the granting to the Eastern Institute of Technology and Her Majesty the Queen a right of way easement over that part of the Council Land coloured (blue and red) on the Plan (“Easement Area B”) and a parking easement over that part of the Council Land coloured beige on the Plan (“Easement Area C”) attached to the Agreement to Grant Easement.  The subject land is part of the land contained in record of Title 554016 and Record of Title HBY3/393.

c.     Acknowledge that in granting the above easement Council is exercising its delegated authority from the Minister of Conservation.

d.     Note that the granting of the above easement is conditional on the Eastern Institute of Technology granting a parking easement over that part of its land shaded orange in the plan attached to the Agreement to Grant Easement.

e.     Approve the granting of a Temporary Carpark Licence by the Eastern Institute of Technology to the Regional Indoor Sports and Events Centre Trust for the purposes of constructing and using a carpark on the Institute land.

f.     Note that the approvals above are conditional on the execution of all agreements.

g.     Delegate authority to the Chief Executive to sign the agreements on behalf of Napier City Council.

 

 

 

 

 

6.    Capital Programme Delivery

Type of Report:

Information

Legal Reference:

N/A

Document ID:

1394417

Reporting Officer/s & Unit:

Jon Kingsford, Director Programme Delivery

 

1.1   Purpose of Report

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

 

Councillor Mawson left the meeting at 10:52am and returned at 10.54am.

 

At the Meeting

The Council Officer took the report as read, giving some updates on projects since the meeting’s agenda was published.

·         The Manganese Free Water – Treatment Plant Contract, was awarded by the Hearings Committee (For the Consideration of Tenders) this week.

·         The Centennial Hall floor demolition/re-flooring project is underway beginning with the demolition. There are some challenges with the specialist flooring contractor who are in lockdown in Auckland. Council is seeking an exemption from The Ministry of Business, Innovation and Enterprise for them to be allowed to travel to Napier to commence the re-flooring work.

·         The Marewa shops Improvement project design has come back well over budget. The Transport team are looking at how to scale back costs, while still meeting the safety requirements. Depending on the extend of changes made, the new design will likely go back to the retailers for consultation.

·         The project management consultant company working on the Maraenui Splash Pad has had staffing changes and this may have impacted on timelines. The project has recently received engineer’s approval, planting and speed humps have been installed, and it is now at the point of finalising the design and having a contractor commit to a build timeframe.

·         For the big screen installation at McLean Park, the contract has been awarded and the screen is en route to New Zealand, but Council does not have an installation date as yet.

·         The target for the new manganese free bores to be online is the end of March 2022, but it a tight timeframe so they may not be online until April. This work is part of the water reform programme of works.

 

ACTION: The Team Leader Parks Reserves and Sportsgrounds (Jason Tickner) will provide the timeline for the Maraenui Splash Pad build via Email to the Committee.

Committee's recommendation

The Sustainable Napier Committee:

a.     Receive the Capital Programme  Delivery report.

 

 

 

 

 

 

7.    Easement over a Reserve - Taradale Park

Type of Report:

Legal

Legal Reference:

Reserves Act 1977

Document ID:

1380210

Reporting Officer/s & Unit:

Bryan Faulknor, Manager Property

Jenny Martin, Property and Facilities Officer

 

7.1   Purpose of Report

To seek Council’s consent, pursuant to Section 48(1) of the Reserves Act 1977 and acting under delegated authority from the Minister of Conservation, for an easement (right to drain sewerage) over Taradale Park for the properties at 13 and 13A Church Road, Taradale.

 

At the Meeting

The Council Officer spoke to this report and it was noted although there may be temporary inconvenience to users it will only be on the fringes of the park.

Committee's recommendation

The Sustainable Napier Committee:

a.     Recommend that Council consent, pursuant to Section 48(1) of the Reserves Act 1977 and acting under delegated authority from the Minister of Conservation, to an easement (right to drain sewerage) over Taradale Park for the properties at 13 and 13A Church Road, Taradale. The legal description of the Reserve Land is Lot 1 DP 25696, Record of Title HB V4/1026. The legal description of the benefitted land is Lot 1 DP 562507, Record of Title 927770 and Lot 2 DP 562507 Record of Title 917771.

 

 

 

 

 

8.    Lease of Reserve - Coffee Caravan (Silver Bullet)

Type of Report:

Operational

Legal Reference:

Reserves Act 1977

Document ID:

1383144

Reporting Officer/s & Unit:

Bryan Faulknor, Manager Property

Jenny Martin, Property and Facilities Officer

 

8.1   Purpose of Report

To obtain approval to grant the Coffee Caravan (Silver Bullet) a lease by the Junior Bike Track in the mid to southern end of the Marine Parade Foreshore Reserve for a 3-year term plus a right of renewal of 2-years.

 

At the Meeting

The Council Officer spoke to the report. It was noted by the Chair that when the redevelopment of the Marine Parade was carried out the placement of the bullet was part of the project design.

Committee's recommendation

The Sustainable Napier Committee:

a.     Recommend that Council agree to grant a new lease, under Section 54(1)(d) of the Reserves Act 1977, for the Coffee Caravan (Silver Bullet) to continue to occupy the mid to southern end of the Marine Parade Foreshore Reserve for a 3-year term plus a right of renewal of 2-years.

 

 

 

 

 

9.    Lease of Reserve - Taradale Bridge Club

Type of Report:

Legal and Operational

Legal Reference:

Reserves Act 1977

Document ID:

1393967

Reporting Officer/s & Unit:

Bryan Faulknor, Manager Property

 

9.1   Purpose of Report

To seek Council’s approval to grant a ground lease pursuant to Section 54 of the Reserves Act 1977 to the Taradale Bridge Club, for land at Park Island on which to construct their new Clubrooms.

 

At the Meeting

The Council Officer spoke to the report and noted that if the Committee approves the recommendation it will need to be publically notified. If there are public submissions they will come back to Council to consider.

Committee's recommendation

The Sustainable Napier Committee:

a.     Resolve to approve the granting of a ground lease, pursuant to Section 54 of the Reserves Act 1977, to the Taradale Bridge Club (Incorporated) for land at Park Island Reserve on which to construct clubrooms.

b.     Note that pursuant to Section 54 of the Reserves Act, the proposed lease is required to be publically notified and should any objections or submissions be received then the matter will be required to be brought back to Council. Should no submissions or objections be received then the above resolution approving the lease stands.

c.     Resolve that the term of the proposed lease be for 15-years plus one right of renewal of 15-years.

d.     Note that in granting any lease Council is merely acting in its capacity as a lessor and as owner of the land. Any such approval shall not imply the consent of Council as a regulatory authority and thus the proposed building is subject to the club obtaining all required regulatory consents.

 

e.     That a DECISION OF COUNCIL is required urgently. The matter has already been approved in principle by Council and a Decision of Council will allow the public notification process to proceed and assist with the club obtaining their timelines with regards construction. This will require the resolution to be passed before the decision of Council is taken.

 

 

 

Council Resolution

Councillors McGrath / Crown

a.     Resolve to approve the granting of a ground lease , pursuant to Section 54 of the Reserves Act 1977, to the Taradale Bridge Club (Incorporated) for land at Park Island Reserve on which to construct clubrooms.

b.     Note that pursuant to Section 54 of the Reserves Act, the proposed lease is required to be publically notified and should any objections or submissions be received then the matter will be required to be brought back to Council. Should no submissions or objections be received then the above resolution approving the lease stands.

c.     Resolve that the term of the proposed lease be for 15-years plus one right of renewal of 15-years.

d.     Note that in granting any lease Council is merely acting in its capacity as a lessor and as owner of the land. Any such approval shall not imply the consent of Council as a regulatory authority and thus the proposed building is subject to the club obtaining all required regulatory consents.

 

 

 

 

The meeting adjourned at 11.01am and reconvened at 2.54pm.

Sustainable Napier Committee - 11 November 2021 - Open Minutes

PUBLIC EXCLUDED ITEMS

 

Councillors Mawson / Taylor

That the public be excluded from the following parts of the proceedings of this meeting, namely:

1.         Land Sale

2.         Lease Restructuring

3.         Wastewater Treatment Plant Additional Storage

 

 

The general subject of each matter to be considered while the public was excluded, the reasons for passing this resolution in relation to each matter, and the specific grounds under Section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution were as follows:

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 Sale

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.  Lease Restructuring

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.

3.  Wastewater Treatment Plant Additional Storage

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.

 

 

 

 The meeting closed with a karakia at 3.13pm

 

Approved and adopted as a true and accurate record of the meeting.

 

 

Chairperson .............................................................................................................................

 

 

Date of approval ......................................................................................................................